LYON COUNTY PLANNING COMMISSION REGULAR AGENDA COMMISSIONERS MEETING ROOM LYON COUNTY ADMINISTRATIVE COMPLEX 27 SOUTH MAIN STREET YERINGTON, NEVADA

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1 LYON COUNTY PLANNING COMMISSION REGULAR AGENDA COMMISSIONERS MEETING ROOM LYON COUNTY ADMINISTRATIVE COMPLEX 27 SOUTH MAIN STREET YERINGTON, NEVADA APRIL 12, 2005 The Lyon County Planning Commission met this day with the following members present: Chuck Roberts, Chuck Davies, Ray Fierro, Paula Rosaschi, Ray Johnson, George Mortensen and Ken Gardner. Attending staff were Steven Hasson, Planning Director, Joan Johnson, Planner and Kerry Page, Planning Assistant. Phyllis Hunewill, Lyon County Commissioner, was also present. PUBLIC PARTICIPATION Todd O Banion asked for clarification of the subdivision requirements placed on the parcel maps heard, and approved with conditions, at the August 10, 2004 Planning Commission meeting. Steven Hasson, Planning Director, responded that, due to repeat parceling, the Planning Commission can impose subdivision requirements, which includes water rights and road standards. A discussion followed regarding Mr. O Banion s ability to improve a roadway owned by the U.S. Forest Service. Ken Gardner thanked staff for their efforts. Steven Hasson, Planning Director, introduced Joan Johnson as the new Planner for Lyon County. APPROVAL OF THE MINUTES Ken Gardner made a motion to APPROVE the minutes from the March 8, 2005 meeting with corrections noted. Paula Rosaschi seconded and it passed unanimously. MISCELLANEOUS CORRESPONDENCE No miscellaneous correspondence was presented. REGULAR AGENDA RILEY ESTATES/PATRICIA LOUISE RILEY REVOCABLE TRUST TENTATIVE SUBDIVISION FEASIBILITY REPORT The applicant has filed a tentative subdivision feasibility report for a proposed 26 lot subdivision on approximately total acres; all located off of Sunset Hills Drive, Mason Valley. (APN ) (informal discussion) Rick Christian represented the application. The 1

2 Nevada Department of Transportation had no comments. Steven Hasson, Planning Director clarified the application. Paula Rosaschi asked for clarification of the current zoning. Ray Fierro asked for clarification of the access and the sufficiency of the 50 foot turnaround easements. Mr. Hasson suggested that 75 foot turnaround easements would be more appropriate. A discussion was held regarding the requirement for secondary ingress and egress for fire and emergency vehicles. Rick Christian said he will discuss the requested changes with his client. Paula Rosaschi asked if a homeowner s association will be put in place to address maintenance of the retention pond basin and the equestrian trails. A discussion followed regarding the proximity of public facilities. Phyllis Hunewill asked about the proximity of the mine site and the septic density. An informal discussion was held. BALBINI, ARTHUR PARCEL MAP The applicant has filed for a parcel map on approximately total acres, a portion of Parcel 3 of PM #66305; located off of Bybee Lane, Mason Valley. (APN ) (action will be taken) Rick Christian represented the application. The Nevada Department of Transportation had no comments. Steven Hasson, Planning Director clarified the application. A lengthy discussion was held regarding the requirement for the entire right of way to be 50 foot and placement of the right of way. Chuck Roberts stated that improving half of a roadway is not adequate for future development. Mr. Christian stated that Mr. Balbini is attempting to maintain his privacy and seclusion and is requesting a private roadway easement rather than a public one. Ray Johnson asked for clarification of #6 of the staff conditions which relates to the improvement of Bybee Lane. Mr. Christian stated that Bybee Lane is a paved, county-maintained roadway. Mr. Hasson stated that this is a standard precautionary statement and could be removed. Mr. Christian asked that item no. 8 be clarified as that part of the county 2

3 code is vague. Ken Gardner made a motion to approve the parcel map application subject to the following staff conditions: 1) Comply with all federal, state and county regulations, 2)Correct any engineering or drafting errors, 3) Existing improvements such as buildings, wells and septic systems are to be in compliance with current county setback requirements from property lines, 4) Actual costs for County Engineer plan and map checking and County Inspector site improvement inspection fees must be paid, 5) Property taxes must be paid though fiscal year (June 30), 6) Pay any agricultural deferred taxes, 7) Address County drainage provisions as noted in the County s subdivision ordinance A.1, 8) The City, County, school district, special purpose districts and public utilities are not obligated to furnish any public service to these lots created through the parcel map process, 9) The owner agrees as part of the subdividing process to dedicate 50 feet of land for public right-of-way purpose to be centered the frontage length (1337 ) of parcel 3a and 3b, additionally, to dedicate 25 of land for public right-of- way purpose along the 1290 of the boundary existing between parcel 3b and the adjoining Roger s property. The intent of this dedication is to provide an alignment and dedicated right-of-way from North Bybee Lane to the adjoining BLM land in anticipation of a future public roadway constructed there. In the event parcel 3a or 3b is future subdivided prior to the development of the Roger s property the subdivider shall dedicate another 25 of public right-of-way the 1290 distance west of North Bybee Lane so as to create a 50 foot right-of-way from North Bybee lane to the BLM property, 10) The owner agrees to improve the dedicated 25 feet of public right-of-way that extends for 1290 feet to County road improvement standards including naming and signage. The road improvement standard for RR-5 is PL 3G Graveled Road, 11) The owner needs to identify the dedicated right-of-way on the parcel map for public rightof-way purpose, instead of private access as it is currently 3

4 identified, 12) Structures placed on these parcels shall adhere to the County s setback requirements standards for the RR-5 Zone, and 13) Items 9 through 12 shall be placed as notes on the parcel map so they may be recorded and picked up as part of a title search. Ray Fierro seconded and the motion passed unanimously. WESTERMAN/THEODORE N., JR. & PAULA S. PARCEL MAP The applicants have filed for a parcel map on approximately total acres; all located at 560 Pete Henrichs Road, Mason Valley. (APN ) (action will be taken) Rick Christian represented the application and introduced Mr. Theodore Westerman as the applicant. The Nevada Department of Transportation had no comments. Steven Hasson, Planning Director clarified the application. Mr. Christian gave a brief outline of what the applicant wishes to do with this property and asked if #11 of staff conditions could be amended as the applicant has requested two accesses off Pete Henrichs Road. Mr. Hasson stated he didn t think that staff would have a problem with that. Ken Gardner asked if any of the existing fences are coming down. Mr. Christian said the fences will be adjusted accordingly. Theodore Westerman addressed the commission to state that parcel 2 with the existing barn is intended as agricultural land with slow vehicles coming in and out which might inhibit emergency vehicle access. A secondary driveway would be better for that reason. A discussion regarding access was held. Ken Gardner stated he wanted item #10 of staff conditions removed as Pete Henrichs Road is a county maintained roadway and is a State Highway. Rick Christian stated that water rights already exist on the parcel 2. Mr. Hasson said that the water rights should remain on the parcel with the existing house. A discussion regarding water rights followed. Chuck Davies made a motion to approve the parcel map subject to staff conditions Ken Gardner seconded for discussion only. Further discussion was held in 4

5 regards to amending some of the staff conditions. Ken Gardner withdrew his second. Further discussion followed regarding water rights. Ken Gardner made a motion to approve the parcel map subject to 1) Comply with all federal, state and county regulations, 2) Correct any engineering or drafting errors, 3) Existing improvements such as buildings, wells and septic systems are to be in compliance with current County setback requirements from property lines, 4) Actual costs for County Engineer plan and map checking and County Inspector site improvement inspection fees must be paid, 5) Property taxes must be paid though fiscal year (June 30), 6) Comply with Lyon County Road Department improvement requirements for the property s frontage on Pete Hendrichs as they may relate to offsite access, street grading, street alignment, surfacing and width. The road improvement standard for the RR-2 zone is the AC Paved Road standard, 7) Pay any agricultural deferred taxes, 8) Address County drainage provisions as noted in the County s subdivision ordinance A.1, 9) The City, County, school district, special purpose districts and public utilities are not obligated to furnish any public service to these lots created through the parcel map process, 10) Parcel s 1 and 2 shall have shared driveway entrances as an access management measure. The applicant shall provide a minimum 50 foot turnaround at the end of the roadway that will be clearly marked on the recorded parcel map, 11) The separation between driveways shall be a minimum 125 feet, 12) The property owner is limited to one single family dwelling per each of the six acre parcels unless they provide 2.02 acre feet of water per year for every subsequent residence that should be built to a maximum 3 dwellings per parcel, provided any further dwellings built will meet all building code requirements, 13) Structures placed on these parcels shall adhere to the County s setback requirements for the RR-2 zone, 14) Items 9 through 15 shall be placed as notes on the parcel map so they may be recorded and picked up as 5

6 part of a title search. Ray Johnson seconded and the motion passed by majority vote (6-1-0). Chuck Davies was opposed. CANYON CREEK CONSTRUCTION, INC./M.W. SULLIVAN INC./CROSBY, KATHRYN SPECIAL USE PERMIT CONTINUANCE The applicants have filed for a special use permit to operate a sand and gravel borrow pit on approximately 160 total acres; located approximately one mile south of U.S. Highway 50 at Stagecoach Drive, Stagecoach. (APN s , 10, 11, & 12) (action will be taken) A letter submitted by the applicant stating that they wish to withdraw the application, was read into the record. Ken Gardner made a motion to deny, without prejudice, the special use permit application at the applicant s request. Ray Fierro seconded and the motion passed unanimously. MESSINA, THOMAS / HOFER, PATRICIA SPECIAL USE PERMIT The applicants have filed for a special use permit to continue the use of an Office Building, Mini-Storage Units and Recreational Vehicle Storage on approximately.87 total acres; all located at 401 Dayton Valley Road, Dayton. (APN ) (action will be taken) David Shriver, Coldwell Banker Best Sellers, represented the applicant. The Nevada Department of Transportation had no comments. The comments from the Dayton Regional Advisory Council were read into the record. Steven Hasson, Planning Director, explained that the property currently houses various land uses and presented photographs of the signage as it exists on the property. Mr. Hasson stated that there is a need for signage regulation in Lyon County and in this particular case, feels that one monument sign at the front of the building would be preferable to the numerous signs that exist currently. The applicant is also requesting a gate be installed at the entrance to the mini-storage units, but the way it is currently designed the gate would only allow one vehicle in the driveway at a time. This would create safety issues for a second vehicle wanting to enter the property as they would have to wait in the street. Mr. Hasson stated that there should be room for two vehicles to 6

7 queue within the driveway. Ken Gardner stated that conditions based on an ordinance that is not yet adopted cannot be imposed at this time. Ray Fierro asked for clarification of condition #1 which requires a street light be installed at the entryway. Steve Hasson responded that the light would be to illuminate the driveway entrance to reduce accidents, as well as providing security for the storage units. Mr. Fierro stated that additional street lighting would take away from the dark sky effect that the residents of Dayton prefer. A discussion was held regarding the repositioning of the gate which would allow two cars to stack in the driveway. Ray Fierro made a motion to approve the special use permit subject to the following conditions: 1) The applicant shall install a street light at the driveway entryway at Dayton Valley Rd.; 2) The applicant shall limit signage to one freestanding sign as well as the operational signs attached to the building. Additionally, the applicant shall acquire a sign permit for the sign s installation, 3) The applicant shall pave the area to the rear of the building that will be used for traffic circulation or mini-storage use, 4) The applicant shall submit a parking plan for staff approval that provides a fire lane, parking for office patrons and RV or boat storage use, 5) The applicant shall move the entryway gate assemblage back so that two large vehicles may stack in the driveway beyond the sidewalk at one time so as to minimize traffic conflict at this location, 6) There are no signs advising individuals that they cannot store flammable or hazardous materials in these storage units. Accordingly, the applicant shall place signs on the storage units advising against that type of storage. The size of the sign is subject to staff review, 7) If the curb, gutter or sidewalk fronting along this property is in disrepair the applicant shall repair it as a condition of approval, 8) The applicant shall fully comply with all conditions placed on the special use permit, 9) No change in the terms and conditions of the special use permit, as approved, 7

8 shall be undertaken without first submitting the changes to Lyon County and having them modified through a public hearing process, 10) All of the requirements placed on the special use permit (or building permit) by the Building Official, Planning Director, Fire Marshall, County Engineer and other agencies of jurisdiction shall be met, 11) The 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 any of its residents or the violation of ordinances, regulations or laws in the special use or the non use of the permit for over a year may result in the institution of revocation proceedings, 12) annual review. Ray Johnson seconded and the motion passed unanimously. COMO GARDENS/WALKER, MICHAEL D. TENTATIVE MAP FEASIBILITY REPORT The applicants have filed for a tentative map feasibility report for a proposed 15 lot retail/commercial development of various sizes, for lease, on approximately 3.67 of an 8.7 total acre parcel; all located at 231 Dayton Valley Road, Dayton. (APN ) (informal discussion) The Nevada Department of Transportation had no comments. Steven Hasson, Planning Director gave a brief review of the application. No one was present to represent the application therefore no further discussion was held. SPECIAL USE PERMIT REVIEWS Paula Rosaschi made a motion to extend the special use permit reviews as a consent agenda item with the exception of #4, #5, #8, #9, #10, #23 and #28. Ken Gardner seconded and the motion passed unanimously. The following special use permits have been extended for one year subject to all the original conditions: BRANDENBURG, CHARLES / B.C. RACING ENTERPRISES - MOUND HOUSE - Special use permit issued May 1999 to utilize a mobile home for watchman's quarters on approximately 2.23 acres, Lot 7, Mound 8

9 House #1 Industrial Park, located 30 Kit Kat Drive (APN ) BRANDENBURG, CHARLES - MOUND HOUSE - Permit issued to place a mobile home on property for watchman's quarters on approximately 1 acre; located at 18 Julius Lane (APN ) PARAGON ASSOCIATES, INC. / V&T MANAGEMENT MOUND HOUSE - Permit issued to operate an asphalt batch plant, concrete batch plant and am aggregate material storage facility on approximately acres; located off of Industrial Parkway (APN ) ID CORPORATION / DOMBREY, ANDREW, PRESIDENT MOUND HOUSE - Permit issued for the manufacturing and blending of lubricating compounds; located at 43 Cash Drive (APN ) PATTERN PRODUCTION & FOUNDRY, INC. /DIAMONDBACK PROPERTIES, INC. MOUND HOUSE - Permit issued to operate a foundry utilizing sand molding, pep set molding and permanent molding; located at 75 Cygnet Drive (APN ) LANDMARK HOMES & DEVELOPMENT / BCB VENTURES DAYTON - Permit issued to utilize a commercial coach as a real estate office for the Traditions Subdivision, on approximately acres; located at 4 Enterprise Way (APN ) DBBR, LLC / DAYTON VALLEY INVESTORS, LLC DAYTON - Permit issued to modify the original special use permit issued January 6, 1989 to John Lawrence (Nevada), Inc. for a planned unit development with a private golf course. The modification would allow annexation of approximately 4.33 acres of a total acre parcel into the existing Dayton Valley Country Club planned unit development. The acre parcel is located at 10 Lakes Blvd., Dayton (APN ) HOFFMAN, TODD DAYTON - Permit issued to operate a cabinet shop on that portion of land that is zoned C-2; located at 31 River Road (APN ) C BAR S STABLES / STOCKS, SHERRY / CHRISTMAN, PETER & RUTH SILVER SPRINGS - Permit issued to operate a stable / boarding 9

10 business on approximately 4.72 acres; located at 1960 East Fir Avenue (APN ) STOTT OUTDOOR ADVERTISING / GALLAGHER, LUANNE DICKSON SILVER SPRINGS - Permit issued to place a 10' x 20' double faced advertising sign on approximately 1.32 acres; located at 3430 Highway 50 West (APN ) CLEARWATER ENVIRONMENTAL MANAGEMENT, INC. SILVER SPRINGS - Permit issued for a used oil and oily water recycling facility (formerly Americlean, Inc.) on approximately acres; located at 2430 Almond Drive (APN ) CLEAR VIEW RANCH / LIGTENBERG FAMILY TRUST MASON VALLEY - Permit issued to utilize 2 additional mobile homes for ranch help in conjunction with the dairy facility on approximately 80 acres; located at 300 Campbell Lane (APN ) TIBBALS, JOSEPH MASON VALLEY - Permit issued to utilize a mobile home for ranch help on approximately 291 total acres; located at 941 Highway 208 (APN ) CLIFF, NORMAN E. & DONALD A. MASON VALLEY - Permit issued to utilize a mobile home for ranch help on approximately 150 total acres; located at 123 Highway 95A North (APN ) PERI & SONS FARMS, INC. / DESERT PEARL FARMS MASON VALLEY - Permit issued to utilize An additional 3 mobile homes, for a total of 6 mobile homes, for ranch help on approximately 720 total acres; located at 125 Farrell Lane (APN ) PURSEL, MELVIN MASON VALLEY - Permit issued to utilize a mobile home for farm help on approximately total acres; located at 42 Mackenzie Lane (APN ) ANNETT, NORMAN T. SMITH VALLEY - Permit issued to utilize a mobile home for ranch help; located at 679 Upper Colony Road (APN ) PETERS, GLEN & DARLENE WELLINGTON - Permit issued to utilize a mobile home for ranch help; located off of Burke Drive (APN ) 10

11 FLYING A RANCH SMITH VALLEY - Permit issued for an additional mobile home for ranch help on approximately acres; located at 160 Jessen Road (APN ) R.N. FULSTONE COMPANY SMITH VALLEY - Permit issued for a mobile home for ranch help; located off of Highway 208 (APN ) LOONEY, WALLACE L. & MARILYN J. - FERNLEY - Permit issued to wreck and store motor vehicles, trailers, etc. on approximately acres (previously 120 acres); located at 30 Speedway Road (APN ) The following special use permit reviews were acted on individually: GEO-NEVADA, INC. - MOUND HOUSE - Permit issued for a mining operation on approximately acres, Patented Mining Claim/ South Comstock Lode M.S. #79; located at 170 Highway 341 (APN ) Ken Gardner made a motion to send the permit holder a 30 day letter to request information on payment of their business license fees. Paula Rosaschi seconded and the motion passed unanimously. HOUSE, JAMES R. & DIANE L., CO-TRS - MOUND HOUSE - Permit issued to place a mobile home on the property for watchman's quarters; located at 59 Cowee Drive (APN ) Information was received that a new company has purchased the business located on Mr. House s property and that a new special use permit for the new business owner has not yet been obtained. Paula Rosaschi made a motion to send the permit holder a 30 day letter requesting information on the status of the special use permit. Ray Johnson seconded and the motion passed unanimously. MOUNDHOUSE SIXTEEN LLC - MOUND HOUSE - Permit issued to utilize commercial coaches purchased from the Mustang Ranch as commercial space; located at E. Highway 50 (APN ) After inspection by the Lyon County Building Department it was noted that there has been no structures placed on the property to this date. It was also noted that a business license is 11

12 customary and has not been obtained. Chuck Davies made a motion to send the permit holder a 30 day letter to request further information on his intentions for the property. Ray Fierro seconded and the motion passed unanimously. DELTA CIRCUITS, LLC - MOUND HOUSE - Permit issued to manufacture printed circuit boards on approximately 1 acre; located at 21 Cash Drive (APN ) It was noted that business has been sold. Ken Gardner made a motion to recommend revocation of the special use permit as the business has sold. George Mortensen seconded and the motion passed unanimously. TRADITIONS VILLAGE ONE - PLANNED UNIT DEVELOPMENT - MARK TWAIN/DAYTON - Permit issued for a planned unit development, Traditions Village One, consisting of 1630+/- residential units in addition to a commercial/industrial development on approximately total acres; located off of US Highway 50 in the Mark Twain area (APN's , , , , , , , , , , , , , , , , & ) Paula Rosaschi asked the question, on behalf of the Dayton Regional Advisory Council, does the special use permit requirement still apply due to there being a new Planned Unit Development ordinance in effect. It was stated that it does still apply. Paula Rosaschi made a motion to extend the special use permit for one year. Ray Fierro seconded and the motion passed unanimously. CARPENTER NEVADA, LLC - MASON VALLEY - Permit issued to operate the Mason Valley Country Club and associated activities on approximately acres; located at 111 Highway 208 (Old APN's , , & ; new APN's , , & ) It was noted that this property has been annexed into the City of Yerington. Kerry Page asked if this needed to be revoked or if the permit just goes away with the annexation. Ken Gardner responded that just like when Fernley became a City, the properties 12

13 automatically transferred to the City of Fernley. No action was taken. TOYBOX ENTERPRISES, LLC - FERNLEY - Permit issued to utilize 6 commercial coaches in conjunction with the racing facility on approximately total acres; located west of Highway 95A South (APN's , 02, 03 & 04) It was noted that this property was recommended for revocation on October 21, Ken Gardner stated that the Board of County Commissioners had placed this permit on hold for action at a future date. The Planning Commission requested information from Nick Malarchik on what was previously decided by the Board of Commissioners. Discussion proceeded while waiting for Mr. Malarchik to appear. Mr. Malarchik clarified that Toybox was required to bring the existing structures into compliance with building codes as they were build without permits. Lyon County is in the process of working with Toybox on a redesign of the foundation and the bleachers which must meet safety standards. Permits have been applied for, for the commercial coaches but no final inspection has been performed yet. Mr. Malarchik stated that progress is being made. Ken Gardner stated that because this has already been recommended for revocation to the Board of Commissioners, that this is something that that board needs to act upon and he further recommended no action on this item. Mr. Gardner stated he would like an update in 30 days. DISCUSSION - Discussion and recommendation regarding the proposed Signage/Billboard ordinance to be considered by the Board of County Commissioners. (informal discussion) Steven Hasson, Planning Director gave the commission an overview of the proposed ordinance. Mr. Hasson stated that there has been a moratorium on billboard signage which comes to an end this month. This proposed ordinance will impose regulation on signage in Lyon County, as currently there is nothing definite stated in the code. With the current growth rate of Lyon County the extent of this ordinance is rapidly becoming a necessity. 13

14 Because of court rulings regarding the allowance of free speech and legal consequences, the nature of a sign ordinance requires a jurisdiction to be cautious in the preparation of a new sign ordinance. As a part of your police powers you can ban offpremise signage. Signage control does raise concerns. This draft ordinance is a comprehensive document designed to be modified as is necessary and fair as we grow as a community. Mr. Hasson recommended that after the public testimony today that this matter be tabled to assemble an advisory committee to work on modifications over the next couple of months. A discussion followed regarding the formation of the committee. Ed Lawson, with Young Electric Sign Company, stated he was involved with writing the Sparks and the Reno signage code and feels there are two areas that need to be clarified in that on premise and off premise codes should be addressed as separate subjects as they have different needs. Mr. Lawson further stated his preferences and his willingness to participate in the process. Tom Weatherby, also with Young Electric Sign Company, stated he is speaking on behalf of several customers that do business in Lyon County. Mr. Weatherby read a letter from one of those customers and offered the commission his opinion on the proposed ordinance as well as some factual information. Tim Bixby, Young Electric Sign Company, also stated his opinion that the sign ordinance as written is too severe and will limit their ability to provide a much needed service. Jeff Smeath, of Slotworld in Carson City, spoke about his input into the process of creating a signage ordinance in Carson City. Ed Peck, Executive Director for the Dayton Chamber of Commerce said he has spoken with numerous business owners in the area and feels the sign ordinance as written would be disastrous for local companies. Larry Osborne, Chief Executive Officer for the Carson City Chamber of Commerce and is representing his local companies conducting business in Lyon County as well as those that are contemplating doing business in Lyon County. He is 14

15 pleased to see that a committee will be formed to discuss this ordinance further as that is what worked for Carson City although it took over a year to come up with a workable product. Charlie Van Norman, Chairman for the Smith Valley Township Advisory Council, spoke on behalf of the Advisory Council and the residents of Smith Valley and stated that the ordinance as written is inappropriate and unnecessary for Smith Valley. Signage is being addressed in the new Master Plan that is being developed for their area. Each Planning Commission member gave their opinion on the draft ordinance. Further discussion followed by various attendants. Steven Hasson, Planning Director, explained his kitchen sink entry in the ordinance and then wrapped up the discussion. Chuck Roberts adjourned the meeting. (A VERBATIM TAPE RECORDING HAS BEEN MADE OF THESE PROCEEDINGS AND IS ON FILE FOR PUBLIC INSPECTION IN THE OFFICE OF THE LYON COUNTY PLANNING COMMISSION) Chuck Roberts, Chairman ATTEST: Steven Hasson, Planning Director Kerry Page, Planning Secretary 15