2. SWEARING IN OF NEWLY APPOINTED PLANNING COMMISSIONER, CHARLES SHAWE.

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1 MINUTES OF THE FERNLEY PLANNING COMMISSION MEETING September 8, 2010 Chairman Ed Meagher called the meeting to order at 6:00pm at Fernley City Hall, 595 Silver Lace Blvd., Fernley, NV. 1. ROLL CALL. Present: Chairman Meagher, Commissioner Rod Idle, Commissioner Jones, Commissioner Michael Johnson, Commissioner Penaluna, Commissioner Shawe, Community Development Director Fred Turnier (Not voting), City Attorney Brandi Jensen (Not voting), and City Clerk Lena Shumway (Not voting). Absent: Commissioner Shumway. 2. SWEARING IN OF NEWLY APPOINTED PLANNING COMMISSIONER, CHARLES SHAWE. Municipal Court Judge Bauer swore Mr. Charles Shawe into office. Commissioner Shawe took his seat on the dais. 3. APPOINTMENT OF PLANNING COMMISSION SUBCOMMITTEE MEMBERS TO FILL TWO VACANCIES AND AN ALTERNATE MEMBER POSITION. Community Development Director Fred Turnier explained with the recent vacancies on the Commission, two positions needed to be filled on the Development Code Update Subcommittee. The Commission selected Commissioners Johnson and Penluna to serve on the Subcommittee. 4. APPROVAL OF MINUTES FOR AUGUST 11, 2010 Commissioner Jones MOVED TO APPROVE THE MINUTES. Commissioner Penaluna seconded the motion. The motion carried as follows: Approved Shumway absent. 5. APPROVAL OF AGENDA. Community Development Director Fred Turnier stated there were no changes to the agenda. Commissioner Johnson MOVED TO APPROVE THE AGENDA AS PRESENTED. Commissioner Penaluna seconded the motion. Commissioner Jones asked to have the correct date reflected. The dates listed was September 9 th, however it was actually September 8, Commissioner Johnson AMENDED THE MOTION TO APPROVE THE AGENDA WITH THE

2 CORRECT DATE OF SEPTEMBER 8, Commissioner Penaluna s second stood. The motion carried as follows: Approved Shumway absent. 6. PUBLIC INPUT. There was no public input. 7. ITEMS FOR PUBLIC HEARING: 7.A SUP 11-04: A request for a Special Use Permit for kennel use for the purpose of breeding American Kennel Club (AKC) registered Yorkshire Terriers. The property is zoned RR-3T (Rural Residential, 5-Acre Minimum Parcel Size) and is located at 1305 Farm District Road. (APN: ). Senior Planner Valerie Claussen presented a PowerPoint presentation (Attachment 1) on the SUP application for a breeder s kennel in a residential area. Staff felt the application meet the findings as detailed in the Development Code and had recommended approval of the application as conditioned. Senior Planner Claussen explained letters of support were received from adjoining neighbors and were attached to the Staff report. Mrs. Arlene McDonald, applicant, was available to answer any questions. With no additional questions from the Commission or public input, Commissioner Johnson MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL, AS CONDITIONED, SUP 10-47, A SPECIAL USE PERMIT FOR A KENNEL USE OF BREEDING AKC REGISTERED YORKSHIRE TERRIERS, BASED ON THE FINDINGS AND DISCUSSION IN THE STAFF REPORT. Commissioner Penaluna seconded. The motion carried as follows: Approved 6-0-1, Shumway absent. 7.B TSM 11-05: A request for a Tentative Subdivision Map for the subdivision of acres into 28 single-family residential lots located at Clover Lane, approximately a quarter mile north of Farm District Road. The property lies in the RR- ½ (Rural Residential, ½-acre lot size minimum) Zoning District. (APN s , , , , , ). Senior Planner Valerie Claussen explained that since the last time this project was heard some changes were requested to the fencing requirements due to the agricultural nature of the adjacent properties. Certain areas would be designated to install six foot masonry fencing, as provided in the Development Code. Staff recommends approval of the TSM with the conditions as modified. 09/08/2010 FPC Page 2 of 9

3 Commissioner Johnson asked about future street alignment with Donner Trails. Senior Planner Claussen noted that the area needed for the connection is an undeveloped area at present. The alignment would occur with subsequent applications, in conjunction with any future development on those parcels. Commissioner Johnson asked about the power line configuration. Mr. Matt Rasmussen, of Tectonics Design Group, the applicant s representative, responded that the there were two lines that bordered the western boundary, they would have to relocate a smaller power line and agreed with Staff s recommendations as detailed in the Staff report. Commissioner Penaluna confirmed the fencing along the adjacent irrigated ditch would occur as part of the subdivision infrastructure. Mrs. Shawna Tibbals, Fernley resident and neighboring property owner, expressed concerns about utility connections and added traffic on Clover Lane. She purchased her property in a rural area off of Farm District Road and she would like to see it remain rural, without the added traffic and congestion. With added connections to Browne Lane and Donner Trails, she thought Clover would become a thoroughfare for those looking to get from Farm District Road to Highway 50. Mr. Jim Cutler, local developer, responded that with this map the project was going to a much lower density. Fencing would be provided for the people who have agricultural uses and irrigate their property. It would be basically the same zoning as Sage Valley, but it would not have the same livestock abilities. He said it would be an upper scale development. Commissioner Johnson MOVED TO RECOMMEND APPROVAL OF TSM CLOVER RANCH, AS CONDITIONED, TO THE CITY COUNCIL. Mrs. Carol Braybrandt, Clover Lane resident, also expressed traffic concerns; it was already getting out of hand with the traffic from the preschool. She asked what the effect would be on the property in between the development and the existing residents. Mrs. Braybrandt said at a previous meeting Staff was directed to get with the residents regarding concerns over ownership of Clover Lane and the added traffic. She felt no one was listening to their concerns. Discussion followed regarding the history of the development, which previously was zoned at a higher density. Commissioner Jones said at a previous meeting he asked if Clover Lane was included in the City s inventory of roads and was informed by a representative from Public Works that Staff would research it and get back to the Commission. This was not done. He 09/08/2010 FPC Page 3 of 9

4 understood that the property owner s felt their feelings were not being properly addressed. He wanted it noted for the record that the property owners concerns had been addressed. He felt the manner in which Clover Lane would be maintained had not been addressed and asked for Staff comments. Community Development Director Fred Turnier conferred with Senior Planner Claussen. Director Turnier relayed that Staff believed there was legal access to the site from Clover Lane. He suggested adding a supplement to the Staff report to be addressed when the item is heard in front of the City Council. Chairman Meagher asked if that meant the application would be tabled this evening or did it need to go forward. Chairman Meagher made a statement that the developer had the right to develop the property as long as the development met all the proper Development Codes and zoning requirements. Director Turnier said Staff was recommending approval as the project did meet the established findings. He said the information provided by the previous Public Works Director was not clearly articulated in this report and would be added to the report that goes before the City Council for clarification. Senior Planner Claussen said she would meet with the residents prior to the City Council meeting to explain the easement situation. Commissioner Johnson disclosed that he lives in Donner Trails and that as more connecting roads are established there is more growth in the area. Adding connections would relieve some of the traffic on the other connecting roads such as Jessica Lane. He reiterated the motion, MOVED TO RECOMMEND APPROVAL OF TSM CLOVER RANCH, AS CONDITIONED, TO THE CITY COUNCIL. Commissioner Jones seconded the motion. The motion carried as follows: Approved 6-0-1, Shumway absent. Chairman Meagher encouraged the residents to attend the City Council meeting in order to express their concerns. 7.C VAR 11-06: A variance request for deviation for required off-street parking to remain an existing gravel lot, instead of improved to a paved parking lot pursuant to FDC Section (14) for a 2,372 square foot church in the M1 (General Industrial) zoning district located at 4120 HWY 50A, (APN: ). Senior Planner Valerie Claussen presented the application for a variance to allow the applicant to not pave the parking lot in front of their church. The project was subject to design review and approved with conditions that the project meet all the development standards including the paved parking and landscaping previously discussed. The existing parking conditions do not meet Development Code standards and would need to be modified with the application to 09/08/2010 FPC Page 4 of 9

5 expand the facility. She said Staff could not administer arbitrary standards and set times for postponement of the paving. Deviating from the parking standards also compromised other standards such as ADA requirements and landscaping requirements. Senior Planner listed the established findings of which two must be met in the affirmative. Unfortunately hardship is not a factor; therefore Staff recommended denial of the variance request as findings could not be met, as discussed in the Staff report. Should the Commission find in contrary to the recommendation, the findings for approval must be stated and conditions must be included. Commissioner Johnson asked if there was a way to relocate the parking area. Senior Planner Claussen said it was possible; however the existing access was aligned with the Nevada Department of Transportation (NDOT) deceleration and turn lanes. Discussion followed regarding the required number of parking spaces and ADA spaces. Commissioner Shawe asked if the parking arrangements were based on the existing facility. Senior Planner Claussen said the parking calculations were based on the worship area and the ancillary uses of the main building. Commissioner Penaluna asked whether all the parking spaces had to be paved or just the ADA spaces. Senior Planner Claussen said it was for the two ADA spaces, Staff was trying to mitigate what needed to be met within the standards. Mr. Fred Wahlgren, Fernley resident, said the property was formerly used by a trucking company and the ground was very compacted. He explained there was a desire to expand the worship area. They typically had cars on Sundays and agreed at some point the parking lot needed to be paved if the church continues to expand. Right now they were trying to meet the requirements but were a small congregation. Chairman Meagher asked if the paving of the two spaces would create a hardship for the church at this time. Mr. Wahlgren said it would be a tremendous hardship. They were complying with the other infrastructure requirements for water and I was costing $15,000. Mr. Tom Watson, Fernley resident and Church Trustee, said there was a line of trees in front of the current property area. He explained where the deceleration lane was and why there was a need for a sharp turn. The church has been providing for ADA parking including a ramp to the current worship center, leading to a concrete area adjacent to the parking lots. He understood the Code requirements and asked the Commission to consider that churches are a part of the foundation of a community. He would like to see the variance approved to allow them to move 09/08/2010 FPC Page 5 of 9

6 to their second phase and final phases, which include meeting the Code requirements. Chairman Meagher asked if there was a timeframe for build out. Mr. Watson said it was difficult to determine as it was based on when resources became available. Discussion followed regarding access to the site going eastbound on Highway 50 and how the parking spots would be aligned on the property. Mr. Mark McClellan, Fernley resident and Teaching Pastor for Restoration Church, read a statement seeking leniency as they were a non-profit organization that provided a valuable service to the community. He outlined all the services the church provides with the very limited resources available to them. He explained that having to pay to meet the requirements would devastate the congregation. He closed his comments by saying that the topography of the property, formerly a trucking yard, did not necessitate paving, it was compatible for handicap use. Paving would be only be done to meet the requirements as adequate access already existed. Commissioner Jones understood this was an exceptional situation and the difficultly was mostly financially. Commissioner Idle asked for a realistic timeline as to when the paving could be completed. Pastor McClellan said they have a five to ten year plan. This part of the overall project was just phase one. Commissioner Idle asked why other churches or this church were not required to have paved parking lots prior. Director Turnier said many of the churches were established prior to incorporation and were grandfathered. More discussion followed regarding whether or not the plans for a new facility could proceed without the paving. Director Turnier said should the variance be approved, the Commission could place conditions on the approval. Discussion ensued regarding what conditions could be attached to the approval. Chairman Meagher relayed that the impression he was getting from the Commission is they would like to approve the variance with the condition that two paved ADA parking slots be constructed. Pastor McClellan said it was possible to install the two spaces. Commissioner Idle MOVED TO APPROVE THE REQUEST OF VARIANCE WITH CONDITIONS OF TWO PAVED HANDICAPPED PARKING LOTS (SPACES) ADA APPROVED, AS APPROVED BY COMMUNITY DEVELOPMENT AND PUBLIC WORKS. Commissioner Penaluna seconded the motion. 09/08/2010 FPC Page 6 of 9

7 Commissioner Jones said the Staff report contained reasons for granting a variance and detailed conditions should the variance be approved. If the construction did not commence within a year of approval, the variance would expire. He read the conditions as detailed in the Staff report. He felt the finding of fact overriding the recommendation, therefore it needed to be stated that this particular application had an extraordinary and exceptional situation in the conditions that would not allow for Restoration Church to commence paving at this time, but can and should be part of conditions of approval for the variance. He asked to review this item in one year s time. City Attorney Brandi Jensen agreed that the clarification explaining the findings and stating the approval would include the established conditions was needed. Senior Planner Claussen said the requirements were for this particular action. Any future development or changes would trigger a new application and hearing. Commissioner Idle Director Turnier clarified that conditions 1, 2, & 3 were part of the approval. The motion carried as follows: Approved 5-1-1, Johnson opposed, Shumway absent. 7.D SUP A request for a Special Use Permit for the expansion of a telecommunications facility use, with modifications including addition of an equipment cabinet and three new antennas. The property is zoned RR-5 (Rural Residential, 20-Acre Minimum Parcel Size), and is located at Ruby Road, (APN: ) Senior Planner Valerie Claussen presented the application for a SUP to expand an existing telecommunications facility. Commissioner Jones noted there were some concerns from BLM that the location as defined was inaccurate by several miles. He asked if that would be an issue for this item. Senior Planner Claussen said the corrections had been made; it would not affect the application. Ms. Katie Goodman, representative of AT&T, was present to answer questions. Commissioner Johnson clarified that additional antennas would be added to the existing structure. Commissioner Shawe asked if there would be a need for any additional fuel storage with the added antennas. Ms. Goodman said it would remain the same. Commissioner Jones MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL, AS CONDITIONED, SUP 11-07, A SPECIAL USE PERMIT FOR THE EXPANSION OF A TELECOMMUNICATIONS FACILITY, BASED ON THE FINDINGS AND DISCUSSION IN THE STAFF REPORT. Commissioner Idle seconded the motion. The motion carried as follows: Approved 6-0-1, Shumway absent. 09/08/2010 FPC Page 7 of 9

8 8. CHAIR AND COMMISSION ITEMS: Chairman Meagher welcomed Commissioner Shawe. Commissioner Shawe shared his experience and knowledge in the area of development and Fire, Life, Safety. He has been in Fernley for 5 years. Commissioner Johnson asked about the actions of the City Council to overturn the placement of a billboard for the Fallon Chamber of Commerce. Community Development Director Fred Turnier expounded on the actions taken by the Council. At the City Council meeting, no action was taken on the Master Plan Amendment, which was not proper. The item was reheard by the Council and the MPA was approved. Subsequent to that, a request was filed by the Fallon Chamber of Commerce to have all the items reheard. They would be heard October 6 th by the City Council. If the Council decides to rehear the items they would be reagendized and noticed. At this point the billboard has not been approved; Staff was going forward with the Commission s recommendation for denial. 9. DIRECTOR S ITEMS 9.A Report on previous Planning Commission items. 9.B Development Code Update Community Development Director Fred Turnier provided an update on items previously heard by the Commission. At the last Commission meeting, Commissioner Shumway asked for an update on the Development Code Update. He reviewed the history of the last update and outlined the process for the current update. It currently is being reviewed internally and has been provided for external review by interested bodies. As a part of the update, the Council directed him to streamline the development process. Currently, all applications go through the City Council for approval. He was recommending to amend the procedures to allow the Commission to be the final say on Tentative Subdivision Maps, which would allow those items to proceed within a 30 day process. The applicant would be still able to appeal any decision to the City Council. He expected to move to the next steps in the process in November. More information about the Code and the update could be found online. Discussion followed on the upcoming Comprehensive Plan update and what it should be called, Comprehensive Plan or Master Plan. 09/08/2010 FPC Page 8 of 9

9 Chairman Meagher said in reviewing what was available; he wanted to know how much of the information came from Washoe County, as it is the same in many instances. Director Turnier noted that the look of the Code was the same. Since Staff was updating the Code in-house, they were borrowing from other jurisdictions. 10. COMMISSIONER SUGGESTIONS FOR FUTURE AGENDA ITEMS. There were no future agenda items. 11. ADJOURNMENT. There being no further business to come before it, the meeting adjourned at 8:01 p.m. Approved by the Fernley Planning Commission on, by a vote of: AYES: NAYS: ABSTENTIONS: ABSENT: Ed Meagher, Chairman ATTEST: 09/08/2010 FPC Page 9 of 9