1. Review and adoption of agenda

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1 November 5, 2009 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Phyllis Hunewill, Vice-chair Larry McPherson, Commissioners Don Tibbals, Chuck Roberts and Joe Mortensen. Also present: County Manager Dennis Stark, Clerk/Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. 1. Review and adoption of agenda Comm. Mortensen made a motion to approve the agenda with item #9d, item #24 and item #25 being removed. Comm. Tibbals seconded and the motion passed unanimously Appointed Official s report Emergency Manager Jeff Page gave an update on the animal services department. They have been looking into the exotic animal ordinance and will be bring changes back in the near future. Mr. Page also reported that the schools have sent notices home with students to either allow or disallow the H1N1 vaccination which will begin in November. Road Manager Gary Fried distributed a report on the road division projects. He stated that he is currently reviewing the NDOT contract for Six Mile Canyon Road. The road department is also working on a parking lot at the Santa Maria Ranch Park and on the sheriff s shooting range project. Comptroller Josh Foli reported that Lyon County sales tax revenues were down approximately 11% for the month of August. This will create a deficit of almost $700,000 in consolidated tax from the original budgeted amount. Mr. Foli also reported that based on the first two months of the fiscal year, the one quarter cent sales tax will generate an estimated $725,000 for the fiscal year ending June 30, There was discussion that the City of Fernley would like to impose their own room tax. If this happens the amount that is collected by Lyon County would decrease from approximately $175,000 to $50,000 annually. Utilities Director Mike Workman distributed an operating report for the month of October. He then went over some of the specifics of the report. He also reported that the Crystal Clear Water system is in the final process. He explained that a claim had been filed by the project contractor and his department is working through this. 9:15 A.M. Time Specific- Discussion and possible action on presentation by jail architect, Bill Rutherford, regarding project delivery methods and project schedule. The presentation actually occurred at the October 15 th, 2009 BOC meeting and this is follow-up to that item. The recommended action, by staff and the consultant, is to allow for the advertisement and selection of a construction manager at risk, to be selected and approved later by the Board of Commissioners. (Action will be taken) Jail Project update and tasks completed to date, including jail financial reporting, method of compiling estimates, record-keeping, communications and review of any pending expenditures (No action will be taken) Jail Project Manager Donette Barreto gave a financial update of the project. She stated that the only invoice received for the prior period was the final invoice from Harris & Associates in the amount of $5, which brings the total design costs to date to $62, She then informed the board that the jail committee will be meeting on the Tuesday following each regular Board meeting. Ms. Barreto explained the process as dictated by NRS, for contracts involving construction managers at risk. She then presented a tentative schedule for advertising for a construction manager. There was discussion on the need to have a construction manager and an architect. Comm. Hunewill asked for and received no public comment. 175 November 5, 2009

2 Comm. Mortensen made a motion to allow for the advertisement and selection of a construction manager at risk, to be selected and approved later by the Board of Commissioners. Comm. Hunewill seconded and the motion passed by majority 3-2 (Comm. Tibbals and Comm. McPherson opposed). APPOINTED OFFICIALS REPORTS WERE RESUMED AT THIS TIME County Engineer Dick Faber reported that he is currently working on the voting machine storage area and the thrift store remodel which will be completed by December 1, He then mentioned that the only work left at the Fernley sheriff s substation is the installation of the toilets which have not arrived. Mr. Faber stated that the materials have been ordered for the utilities building remodel and that the Occidental Square building should be vacated by December 31, He commented that permission had been given to return to the Occidental building the first two weeks of January to do any necessary repairs and cleaning. He also stated that due to the last set of bids all being rejected the Dayton Community center will be going to rebid tomorrow. Human Service Director Edrie LaVoie mentioned that Mr. Faber is also providing drawings to expand the Fernley health nurse office. She then went on to mention that her department is developing a report to give a better insight into human services. Planning Director Rob Loveberg reported that he and the County Manager met with staff from Senator Reid s office to ask for assistance regarding the revised FEMA map and the placing of parcels in the flood plain. They requested that his staff work with FEMA on correcting this map. 3. Elected Officials comments Sheriff Allen Veil reminded the Board that Shop with a Sheriff will take place on December 12, 2009 at the Fernley Wal-Mart. His office works with human services and the school district to select the children. Sheriff Veil also announced that he will be running for re-election in the next election. He then spoke of search and rescue and gave statistics of volunteer time, mileage and the number of incidents that this group responds to. He then went on to mention some inappropriate statements that were made regarding search and rescue by a county commissioner at the Nevada day parade. 4. Advisory Board reports There were no advisory board reports. 5. County Manager report County Manager Dennis Stark distributed a proposed sublease for the Silver Springs Airport that may possibly be on the next regular agenda. He then mentioned the meeting with Mary Conley and Matt Tuma, members of Senators Reid s staff. He also stated that Congressman Heller s office is willing to lend support on the appropriations requests which is an online process and will be routed through Senator Reid s office. Mr. Stark commented that he has written a letter to the naval air station in Fallon regarding a complaint about a helicopter in the Silver Springs area. He then stated that he was informed that the City of Fernley has accepted the cemetery with no additional revenue from Lyon County. He informed the Board that Dwight Millard, owner of Occidental Square, will allow some time in the month of January at no cost to rehab and clean the Occidental 2 building. It was also mentioned that he has asked the department heads to be more thorough in their reports to the Board. Mr. Stark received an from lobbyist Mary Walker, stating that she is preparing a survey for county staff to complete in reference to the home rule committee. 6. Commissioner comments 176 November 5, 2009

3 There were no commissioner comments at this time. 7. Public participation There was no public participation. **CONSENT AGENDA** 8. Discussion and possible approval of changes on Assessor s tax roll due to corrections in assessments and review of tax roll changes Secured property factual corrections totaled $6, and unsecured property factual corrections totaled $6, Review and possible approval of business license applications: a. Castillo, Melton; Castillo, Primo; Torres, Venancio; American Carports, Inc.; 1415 Clay Street, Colusa, CA; Manufacture & Sell Steel Structures b. Molyneaux, Mike; Molyneaux, Rachell; Anything Electric; 898 Tonka Lane, Carson City, NV; Electrical Contractor c. Pauline, Jason C.; Padilla, Alison M.; Neeley, Carey D.; Black Diamond Electric Inc.; 711 S. Carson Street, #4, Carson City, NV; Electrical Contractor d. Hof, Dennis; BunnyRanch Business Park LLC; 66 Moonlight Road, Mound House, NV; Office for Future Business Park e. Eikelberger, Christopher T.; Eikelberger Awning & Drapery Inc.; 1903 Hymer Avenue, Sparks, NV; Installation of Blinds Only At This Time f. Stadler, Laurel A.; R & S, Inc. DBA/ JJM Advertising Specialties; 2440 Avery Road, Carson City, NV; Change of Entity Type & Business Name & Location & Activity (to Distribution of Advertising Specialties & Rental of Building) g. Lopez, Marina E.; Lopez, Jose H. R.; Lopez Cleaning Service; 3407 Citrus Street, Silver Springs, NV; Cleaning Service h. Hennessey, Ron F.; Ron Hennessey Sporting Goods; 5360 Alder Court, Silver Springs, NV; Sales Firearms/Accessories & Gunsmithing i. Gee, Beth D.; Gee, Donald H.; Diesner, Debra; Tuff Luck Ranch, Inc. DBA/Tuff Luck Ranch Feed & Supply; 3315 Hwy 50 West, Silver Springs, NV; Feed & Supply Store ITEM #9D WAS REMOVED FROM THE AGENDA AT THE APPLICANTS REQUEST 10. Acceptance of FY Women, Infants, and Children Grant Award in the amount of $227, Acceptance of Revised FY Community Services Block Grant Award in the amount of $307, Approval of contract between Lyon County Human Services and the Division of Welfare and Supportive Services to serve as an Energy Assistance Program intake site 13. Acceptance of Notice of Grant Award (NGA) from Division for Aging Services for Nutrition Services Incentive Program (NSIP), Grant # Acceptance of grant award and approval of funding agreement for Question 1 Program, Middle Carson River Restoration Project Phase III, Q1 Project ID No. LY-CR-08058, in the amount of $240, Approve agreement with Research and Consulting Services, Inc. (RCS) to create a five-year consolidated plan for the Western Nevada HOME Consortium (Lyon County as Lead Agency). This agreement is entirely grant funded through federal HOME funds 16. Approve an inter-local agreement between the Western Nevada HOME Consortium (Lyon County as lead agency) and Douglas County Social Services to award them 177 November 5, 2009

4 $17,500 in Low-Income Housing Trust Funds from the HOME program for a shortterm supportive housing program. This is completely funded from grants 17. Review and accept travel claims Travel claims totaled $7, and registrations totaled $1, Review and accept County claims and financial report Pay bills totaled $4,136, and payroll totaled $1,080, Comm. Mortensen made a motion to accept the consent agenda with item #9d being removed. Comm. Tibbals seconded and the motion passed unanimously 5-0. **END OF CONSENT AGENDA** 10:30 A.M. - Bill No an ordinance amending Lyon County Code Title 6 Public Health and Safety, by deleting Chapter 06 Fire Districts, in its entirety; by amending Title 10 Land Use Regulations, by adding thereto Chapter 19 - Burning Restrictions, which Chapter establishes Burning Restrictions, Hours, Authorization to Burn, Extinguishment Powers, Violations and Penalties; by amending Title 10 Land Use Regulations, Chapter 07 Building Codes, Subchapter 02, to apply amendments to the International Fire Code by the appropriate fire district for purposes of fire protection in new and existing buildings; and other matters properly related thereto (2nd Reading) (Action will be taken) Central Lyon County Fire Protection District Chief Chuck Ritter presented this item. Comm. Mortensen asked of there is an agricultural exemption. Chief Ritter explained that each district would provide an agricultural permit with their own regulations which are less prohibitive than they are for residential burning. Smith Valley Fire Protection District Chief Rob Loveberg commented that the advisory boards of the respective areas had been visited and he had not received any adverse comments. Mr. Loveberg clarified that the International Fire Code, which has been adopted by Lyon County, allows the Fire Chief the authority to make the same decisions that are stated in the ordinance. Comm. Hunewill commented on some of the concerns of the Smith Valley residents including the hours that burning would be allowed. Chief Ritter explained that presently they are not able to cite the repeat offenders. This would allow the districts to penalize those that continually violate. They are not trying to generate funds from citations. Comm. McPherson stated that he received a call from a citizen stating that this ordinance allows the fire chief too much authority. Emergency Manager Jeff Page stated the benefit to the citizens is that with increased regulations it could potentially reduce the expense to the residents for insurance and the amount of nuisance calls the districts must respond to. Building Director Nick Malarchik commented on Title 10, he stated that the 2006 International Building Code was adopted two years ago. He stated that this ordinance could result in additional building code requirements within each of the fire districts. Amy Solaro of Central Lyon County Fire Protection District commented that presently the fire boards have the power to create rules over and above the international codes. Comm. Hunewill asked for and received no public comment. 178 November 5, 2009

5 Comm. Mortensen made a motion to approve with the following change: The first sentence of be changed to read Hours of burning shall be adopted by the fire districts. Comm. McPherson seconded and the motion passed unanimously :00 A.M. Bill No An ordinance revising Title 10, creating a new chapter 20, outdoor lighting control, to establish standards and criteria for outdoor lighting devices, including statement of purpose, definitions, general requirements prohibitions, exemptions, procedures for compliance, appeal and other matters properly related thereto (2nd Reading) (Action will be taken) Planning Director Rob Loveberg presented this item. He began by stating that this ordinance has been a priority of the planning commission and it will apply to controlling outdoor lighting for non residential uses. He reminded the Board that there are provisions that require retrofitting and does not only address new construction. The Board asked how many County owned light fixtures would need to be retrofitted. Mr. Loveberg stated that he does not have that information. Sheena Beaver of Western Nevada builders Association commented that the association is in agreement with this ordinance. Comm. Mortensen made a motion to approve as presented. Comm. McPherson seconded and the motion passed unanimously 5-0. RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 19. Public participation There was no public participation 20. Review and possible approval of temporary liquor license application: a. Rotary Club of Smith Valley; Fun Days Recovery Dinner; Smith Valley Community Hall, Smith Valley, NV; Temporary Liquor Permit for: October 24, 2009 ONLY! Comm. McPherson made a motion to approve as presented. Comm. Mortensen seconded and the motion passed unanimously 5-0. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING ON PLANNING ITEMS **CONSENT AGENDA FOR PLANNING APPLICATIONS** 21. BURKETT, OWEN D. & CATHERINE W. SPECIAL USE PERMIT Request for a special use permit for a residential industry to allow the construction of wooden outdoor furniture, including upholstering, located at 618 Occidental Drive, Dayton (APN ) PLZ with the following conditions: 1. The operation shall be limited to the activities and operational characteristics as described in the applicant s application dated September 1, Any other use or expansion shall require a new Special Use Permit or an amendment to the current permit as appropriate. 2. The applicant shall comply with all State, County, federal and special district rules and regulations as they apply to this special use permit. 3. The applicant shall procure and/or maintain a Lyon County business license. 4. If lighting is provided, it shall be downward shining and so arranged to reflect away from residential areas, any public street or highway. No lighting shall shine onto adjoining properties. 5. No signage is allowed as part of this Special Use Permit. 6. The applicant shall comply with all applicable fire and building code requirements. 7. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 179 November 5, 2009

6 8. The Planning Department may require the applicant to make improvements to mitigate noise or other adverse impacts identified after the issuance of the special Use Permit. The applicant shall obtain Planning Department approval of any such improvements prior to the issuance of any building permits, if necessary, and/or construction. 9. All of the requirements placed on the special use permit by the County Building Official, Central Lyon County Fire Protection District, Planning Director, and other agencies with jurisdiction shall be met prior to the applicant commencing use of the site. 10. No change in the terms and conditions of the special use permit, as approved shall be undertaken without first submitting the changes to Lyon County and having them modified through a public hearing process. 11. The substantial failure to comply with any conditions imposed on the issuance of a special use permit or the operation of a special use in a manner that endangers the health, safety or welfare of Lyon County or its residents or the violation of ordinances, regulations or laws in the special use or the non use of the permit for a year may result in the institution of revocation proceedings. 12. The special use permit is subject to annual review by Lyon County. 13. The applicant shall confine all wood working operations to the 480 square foot attached garage. Comm. Mortensen made a motion to approve the planning consent agenda as presented. Comm. McPherson seconded and the motion passed unanimously 5-0. **END OF PLANNING APPLICATIONS CONSENT AGENDA** PUBLIC HEARING ON REGULAR PLANNING APPLICATIONS 22. SULLIVAN, M.W. & CROSBY, KATHRYN / SULLIVAN-CROSBY TRUST DEVELOPMENT AGREEMENT Request for a Development Agreement regarding the Sullivan-Crosby Trust Parcel Map, approved September 17, 2007, to define the expiration date and phasing of required improvements for the parcel map and construction of the new Stagecoach Fire Station for the Central Lyon County Fire Protection District; located in the vicinity of U.S. Highway 50 East and Stagecoach Drive, Stagecoach, NV (APN s through ; through ; through ; through ; and through ) PLZ Planning Director Rob Loveberg presented this item. He stated that this pertains to a parcel map, creating four parcels that have tentative approval. One of the proposed parcels would be dedicated to Central Lyon County Fire Protection District for the construction of the new Stagecoach Fire Station. The tentative map was approved with conditions and the applicant is not planning on completing the conditions and recording the final map at this time or in the near future. Central Lyon County Fire Protection District has received a grant to build the new station and would like to see the map recorded so that the parcel can be deeded to them. The development agreement extends the tentative parcel map so that it will not expire until December 09 and provides the trust the ability to delay certain improvements that are normally required before recording a parcel map. It was also noted that the planning commission is recommending approval. Comm. Mortensen made a motion to approve with the following condition: 1. The development agreement shall be revised as required by the Lyon County District Attorney s Office and Planning Director. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action to propose an ordinance to adopt the development agreement between Sullivan/ Crosby Trust, the Central Lyon County Fire Protection District and Lyon County relating to the merger and re-subdivision parcel map for the Sullivan/Crosby Trust, to define the expiration date of and phasing of required improvements for the Sullivan-Crosby Trust Merger and re- 180 November 5, 2009

7 subdivision parcel map, and the construction of the new Stagecoach Fire Station for the Central Lyon County Fire Protection District Planning Director Rob Loveberg presented this item. He stated that Lyon County Code requires development agreements be adopted by ordinance. Comm. Mortensen proposed this ordinance. 24. Discussion and possible action to receive the Planning Commission Report on Board of Commissioner s Action regarding the Kevin Johnson et al Trs, Eric Redwine, Charles Bremson et al, Gerald & Cleta Wood, Ray Shaffer et al, William Clark et al, Michael & Lucille Glaser, Jack Staten, Vuki & Rita Wilson Master Plan Amendment from Low Density Residential to Commercial (APN thru 11) (PLZ ) THIS ITEM WAS REMOVED FROM THE AGENDA 25. Discussion and possible action on request to place on a future Board of Commissioners agenda the reconsideration of the Board of Commissioners action of August 6, 2009, approving the Kevin Johnson et al Trs, Eric Redwine, Charles Bremson et al, Gerald & Cleta Wood, Ray Shaffer et al, William Clark et al, Michael & Lucille Glaser, Jack Staten, Vuki & Rita Wilson Master Plan Amendment from Low Density Residential to Commercial (APN thru 11) (PLZ ) THIS ITEM WAS REMOVED FROM THE AGENDA 26. KEVIN JOHNSON, ET AL TRS, ERIC REDWINE, CHARLES BREMSON, ET AL, GERALD & CLETA WOOD, RAY SHAFFER, ET AL, WILLIAM CLARK, ET AL, MICHAEL & LUCILLE GLASER, JACK STATEN, AND VUKI & RITA WILSON - ZONE CHANGE - Request to change the zoning from RR-3, Third Rural Residential (5 acre minimum) to C-2, General Commercial, on approximately acres consisting of nine parcels located at 50, 60, 70, 80, 90, 100, 110, 120 and 130 River Road, Dayton (APN thru ) PLZ Planning Director Rob Loveberg presented this item. He stated that the planning commission recommended denial of this item. He also mentioned that there is no commercial infrastructure in place at this time. If all the properties are developed at the same time there would be the possibility of improvements. If the parcels are developed individually, since these are nine separate parcels, there is very little chance of developer required improvements. Comm. Roberts stated that the purpose of zoning is to allow and oversee the compatibility of uses on adjacent properties and to respond to a need and provide growth patterns. He then asked how many acres of undeveloped commercial exist in the Dayton area not including Mound House or Stagecoach. Mr. Loveberg responded that there are 331 vacant acres of commercial consisting of 106 parcels. Developers have stated a desire to develop in the past and due to the current state of the economy there has been no development. He also stated that there is sufficient acreage to sustain the current population of the area. Susan Dorr of Manhard Consulting stated that it is not the applicant s intention to develop each parcel separately. She also commented that it is not cost effective to place any infrastructure without the commercial zoning in place. Comm. Tibbals feels that highway 50 should only contain commercial property. There should be no residential zoning along the highway. Comm. Roberts commented that should the owners choose to sell their parcels individually there would be no County control. James Road resident Ruben Erickson spoke in opposition to this request. 181 November 5, 2009

8 Comm. Hunewill brought to the attention of the Board a petition that has been circulated and presented to the Board containing approximately 171 signatures. Applicant Mike Glaser stated that he was the creator of the petition and circulated it at Dayton Valley Days therefore not all of the signatures belong to residents of the area in question. Based on the following finding: 1. The proposed zone change is not in keeping with the goals of the master plan and that supporting the orderly growth of infrastructure and property development. Comm. Roberts made a motion to deny the application for zone change. Comm. Hunewill seconded and the motion failed 2-3 (Comm. Mortensen, Comm. Tibbals and Comm. McPherson opposed). Comm. Tibbals made a motion to approve this zone change based on the following findings: 1. The applicant has demonstrated that the zone change is in substantial compliance with and promotes the Master Plan goals, objectives and actions. 2. The proposed zoning is timely and contributes to the orderly and efficient arrangement of transportation and other public facilities and services. 3. The proposed zoning will promote development that is commensurate with the character and physical limitations of the land. 4. The proposed zoning promotes the protection of existing neighborhoods and communities. Comm. Mortensen seconded and the motion passed by majority 3-2 (Comm. Hunewill and Comm. Roberts opposed). 27. SANTA MARIA RANCH II/DAYTON LAND DEVELOPERS, LLC MASTER PLAN AMENDMENT Request to change the Master Plan Land Use Designation from Low Density Residential, Medium Density Residential and Open Space to Specific Plan on approximately 665 acres located between US 50, Ophir Mill Road and the Carson River in Dayton. (APN , , , and ) PLZ ITEM #27 AND ITEM #28 WERE HEARD TOGETHER Comm. Roberts began by disclosing that he had been contacted by the applicant requesting to do business. He believes this was inappropriate on the applicant s behalf. He did not respond to the applicant and feels he can set this action aside and act accordingly. There was discussion on hearing item #27 and item #28 together. It was decided to hear both at the same time with individual discussions on each. Dayton Land Developers Project Manager Matt Denio presented this item. He gave a lengthy presentation on the proposed project. He spoke to each point of the staff findings for the specific plan and the master plan amendment. He also discussed the west central Lyon County land use plan. Planning Director Rob Loveberg discussed the reasons that the planning commission has recommended denial of this master plan amendment and specific plan. He discussed the reviews that had been done on the west central land use plan including the amounts of low density residential, medium density residential and open space. It was stated that the proposed density of this project is approximately 5 times higher than allowed for on the existing master plan. Mr. Loveberg also reminded the Board that certain findings must be found before an approval can be given. Lumos & Associates Senior Planner Audra Miller commented that based on her review, the proposed plan will create substantial change to the original plan and she can not support approving it. Her concern with the specific plan is that it does not give the County the framework of what exactly is being approved. It is not detailed enough to be a complete document. She asked if there was any flexibility in the plan should the property be sold to another developer. 182 November 5, 2009

9 Comm. Hunewill requested that the many letters received be added to the record rather than being read aloud. School Board member Maureen Williss commented that this could have a potential impact on the schools in the Dayton area and would like to have this project presented to the school board. Lyon County resident William Shattuck commented that the project will enhance the entrance into the Dayton area. He also stated that phasing over twenty years with the main focus on the next five years is something he likes. Dayton resident Lilly Bell believes that providing more housing will create a chance of attracting more commercial. She is in favor of growth. Dayton resident Phyllis Troutwine believes the proposed plan would be ideal. Planning Commissioner Larry Wahrenbrock stated his feelings on the plan. He believes it is a very well intentioned plan although not thought out in this area. He also commented that when the west central plan was developed a project of this size was not envisioned. This project will turn Dayton from a rural community to a city. Santa Maria Ranch Phase I resident Susan Stevens informed the Board that the community of Santa Maria Ranch is in support of this project. She hopes that the Board will not get lost in technicalities. Santa Maria Ranch resident Matt Bower spoke in support of the project. He then commented that the homes on the other side of the river will not be able to see the new project. Planning Commissioner Virgil Arellano spoke of the reasons the planning commission is not in favor of this project. He also mentioned that at the present time Lyon County is one of the most stressed counties in the country. Planning Director Rob Loveberg reiterated that the plan currently allows for 400 housing units, the proposed plan call for a maximum of 2192 units. That is an increase of 500 percent. Comm. Tibbals believes that higher density will make the housing more affordable. Applicant Dale Denio commented that the specific plan is very specific to size and type of product. He also stated that it binds any future developer to this plan. Audra Miller stated that the specific plan is for land use and stays with the parcel and any developer would have to follow that plan. She feels that if the applicant is stating that this is the exact plan they wish to have they would have to come back to the Board for any amendments. Santa Maria Ranch resident Kay Winters spoke in favor of the project. She would like to see growth in an orderly fashion. Mound House resident Marv McQueary spoke in favor of the project. Mound House resident Debbie Starks commented that the area needs a gated senior development and is in favor of commercial development at the entrance to Dayton. Comm. Roberts commented that it is not responsible for the Board to approve this item at this time. Based on the findings: 1. The proposed amendment has demonstrated and responds to changed conditions or further studies that have occurred since the Master Plan was adopted by the Board, and the requested amendment represents a more desirable utilization of land. 2. The proposed amendment will not adversely affect the implementation of the Master Plan Goals, Objectives, and Actions, and will not adversely impact the public health, safety or welfare; and 183 November 5, 2009

10 3. The proposed amendment will promote the desired pattern for the orderly physical growth of the County, allows infrastructure to be extended in efficient increments and patterns, maintains relatively compact development patterns, and guides development in the County based on the least amount of natural resource impairment and the efficient expenditure of public funds since the proposed amendment facilitates orderly physical growth patterns, and maintains compact development patterns. Comm. Tibbals made a motion to approve the Master Plan Amendment for the adoption of the Specific Plan Amendment for the Santa Maria Ranch II project for Dayton Land Developers, LLC (APNs , , , & ) as set forth in the revised master plan amendment application materials, supporting documents and Specific Plan/ Planned Unit Development Application & Handbook dated September Comm. McPherson seconded and the motion passed by majority 3-2 (Comm. Hunewill and Comm. Roberts opposed). 28. SANTA MARIA RANCH II/DAYTON LAND DEVELOPERS, LLC SPECIFIC PLAN Request to approve a Specific Plan to guide the development of approximately 2,192 residential units consisting of a mix of single family attached and detached units, multi-family units, and senior community residential, including attached, detached, and apartment style units, and 20 acres of commercial development on approximately 665 acres located between US 50, Ophir Mill Road and the Carson River in Dayton. (APN , , , and ) PLZ Comm. Hunewill stated that the specific plan needs more details and would like the opportunity to study it closer to make sure that is complies with the map. Based on the findings: 1. That the proposed location of the development and the proposed conditions under which it will be operated or maintained is consistent with the goals, objectives and actions embodied in the master plan; 2. That the proposed development is in accordance with the purposes and objectives of Title of the Lyon County Code and, in particular, it will further the purposes stated for each zoning district; 3. That the development will not be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to such a development; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the county; 4. The proposed Specific Plan is in substantial compliance with, and promotes the Master Plan land use designation for the subject properties; and 5. The proposed Specific Plan will not result in land uses which are incompatible with the Master Plan land use designations for the subject parcels. Comm. Tibbals made a motion to approve the Master Plan Amendment for the adoption of the Santa Maria ranch II Specific Plan for Dayton Land Developers, LLC, on approximately 665 acres(apns , , , & ) (PLZ ), as set forth in the undated revised Santa Maria Ranch II Specific Plan, pages SP-1 through SP-19, received by the Lyon County Planning Department on October 21, Comm. McPherson seconded and the motion failed 2-3 (Comm. Hunewill, Comm. Mortensen and Comm. Roberts opposed). Comm. Mortensen made a motion to continue this item and direct staff to work with the applicant to bring back a modified specific plan including a proposal for a fee split regarding any matters that come up during that negotiation and continuation process. Comm. Roberts seconded and the motion passed unanimously SANTA MARIA RANCH II/DAYTON LAND DEVELOPERS, LLC PLANNED UNIT DEVELOPMENT Request to approve a Planned Unit Development Tentative Plan to develop approximately 2,192 residential units consisting of a mix of single family attached and detached units, multi-family units, and senior community residential, including attached, detached, and apartment style units, and 20 acres of commercial development on approximately 665 (corrected) acres located between 184 November 5, 2009

11 US 50, Ophir Mill Road and the Carson River in Dayton. (APN , , , and ) PLZ Comm. Tibbals made a motion to continue this item. Comm. Mortensen seconded and the motion passed unanimously 5-0. **END OF PLANNING PUBLIC HEARING** REGULAR AGENDA 30. The Lyon County Board of Commissioners will consider Water Rights Applications 74408, and with a combined total of 29.7 second feet (over 21,000 AFA) filed on June 26, 2006 by Aqua Trac, LLC. These applications propose to appropriate water from points of diversion within Pershing County for use in Washoe, Storey, Lyon and Churchill Counties. The proposed points of diversion are all within Kumiva Valley Hydrographic Basin 079 Utilities Director Mike Workman presented this item. He stated that Pershing County which is where the point of diversion is located has filed a protest. He is asking the Board to recommend denial of this application to the state water engineer. Comm. Mortensen made a motion to recommend denial of the application to the State Engineer. Comm. Tibbals seconded and the motion passed unanimously Discussion and possible action to approve a waiver to Lyon County Code Title 10, Chapter 9, to allow a mobile home more than 15 years old be issued a permit (power has been off more than 6 months), located at 19 Pyrite Drive, Mound House, NV (APN: ) Building Director Nick Malarchik presented this item. This request was brought before the Board in August of 2009 and was denied. The applicant has since made the necessary repairs. The building department is now recommending approval of this item. Comm. Tibbals made a motion to approve the waiver as presented with the following conditions: 1. The applicant to obtain a permit for the modification of the carport. 2. Applicant to have power restored to the unit. Comm. Mortensen seconded and the motion passed unanimously Commissioner comments There were no commissioner comments. 33. Approve minutes Comm. Mortensen made a motion to approve the minutes of October 15, 2009 and October 21, Comm. McPherson seconded and the motion passed unanimously 5-0. The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST: PHYLLIS HUNEWILL, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 185 November 5, 2009