Elko County Planning Commission ELKO COUNTY PLANNING COMMISSION MINUTES

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1 Elko County Planning Commission 540 COURT STREET, SUITE 104, ELKO, NV PH. (775) , FAX (775) ELKO COUNTY PLANNING COMMISSION MINUTES THURSDAY, JULY 19, :15 P.M. CALL TO ORDER: Chairman Judd called the meeting of the Elko County Planning Commission to order at 5:17 PM on July 19, 2012, in suite 102 of the Nannini Administration Building, Elko, Nevada. ROLL CALL: Members Present: Absent : Mike Judd, Chairman David A. Galyen, Vice Chairman Jack D. Larason Richard Genseal Norlene Wilson Dena Hartley ( arrived 5:33:24 PM) David Hough Others Present: John Kingwell, Associate Planner Eleanor O Donnell, Planning Administrator Kristin McQueary, District Attorney s Office Randy Brown, Planning & Zoning Director PLEDGE OF ALLEGIANCE: The pledge of allegiance was made. APPROVAL OF MINUTES: June 21, 2012 Regular Meeting MOTION: Minutes from June 21, 2012 approved as written on a motion by Commissioner Galyen seconded by Commissioner Larason. Motion passed.

2 Elko County Planning Commission Meeting Minutes July 19, 2012 Page 2 VOTE: AYE: NAY: ABSENT: Mike Judd David A. Galyen Jack D. Larason Richard Genseal Norlene Wilson David Hough Dena Hartley ABSTENTIONS: COMMENTS BY THE GENERAL PUBLIC: No comments CONSENT AGENDA: NONE PRELIMINARY HEARINGS: NONE PUBLIC HEARINGS: , Rock Hound Investments, LLC: A public hearing for a change of zoning from Open Space (OS) to Special Lands (SL) for the creation of 10.0 acre parcels for sale to others. Location: A acre parcel of land located in the N1/2N1/2 of Section 29, T. 34 N., R. 56 E., M.D.B. &M., Elko County, Nevada. Lot 15, Division into Large Parcel Map, File No on file in the Office of the Elko County Recorder, Elko, Nevada. Property Owner and Applicant: Rock Hound Investments, LLC. (Continued from the June 21, 2012 regular meeting.) This item is tabled until the August meeting per applicant s request , Prospector Pipeline Company: a public hearing for conditional use to build and operate the Coyote Creek natural gas main line valve station in accordance with ECC (B) 4. Location: Approximately 11 miles south of the Midas Tuscarora Road along a dirt road in the vicinity of the Rossi Mine, NW1/4 of the NW1/4, Section 11, Township 37 North, Range 49 East, M.D.B. &M. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC July 19, 2012 Minutes.docx

3 Elko County Planning Commission Meeting Minutes July 19, 2012 Page 3 Applicant: Prospector Pipeline Company Owner: Rhodes, Dean A. and Sharon L. Trust. Mr. Kingwell read the staff report. Public Comments Melissa Lindell (Wood Rodgers in Reno)- staff report did a good job of summarizing the project. Questioned condition C- county roads maintenance agreement, this mainline valve station is located on a dirt road. Does what type of maintenance agreement is required and does it apply. Access to the dirt road via the Midas/ Tuscarora Road or the Dunphy Road. Mr. Kingwell- Mr. Tipton was concerned with the use of the Midas/Tuscarora Road for hauling in the pipe. Ms. Lindell- the construction period will be about 2 weeks. Once it is constructed, there might be a maintenance check about 2 a month. Mr. Kingwell- the impact will be basically be when they will be hauling pipe over the road. Ms. Lindell- the pipe will be hauled from both directions because the pipe will be coming in on Interstate 80. Commissioner Galyen- how many loads of pipe? Brian Habersack(Prospector Pipeline, Vice President) - at least 100 loads of pipe on flat bed trailers. It is a smaller diameter pipe than the Ruby Pipeline used. Commissioner Larason- questioned the length of the maintenance agreement. Mr. Kingwell- the road maintenance agreement we are asking for the construction of the pipeline, the valve station is just a small part of it. Commissioner Genseal- how do we know if we approve this, how will we know what the maintenance agreement terms will be. Mr. Kingwell- the agreement will have to be made with the county manager and the Roads department. Within the agreement would be any damage to the road would be taken care of, dust suppression and that type of thing. Ms. McQueary- explained there is a standard road maintenance form the County uses stating what portion of the road they are going to take care of with the duration, put the road back in as good as condition as when they started. The impact of what the use has on the road is what the road agreement is for. Ms. Lindell- it sounds like we will have to meet with the Roads department and discuss the details of use. 5:33:24 PM Hartley arrived at the meeting. MOTION: Commissioner Larason moved to approve item # , Prospector Pipeline Company with staff recommendations and findings, seconded by Commissioner Wilson. Motion passed. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC July 19, 2012 Minutes.docx

4 Elko County Planning Commission Meeting Minutes July 19, 2012 Page 4 VOTE: AYE: NAY: ABSENT: Mike Judd David A. Galyen Jack D. Larason Richard Genseal Norlene Wilson David Hough ABSTENTIONS: Dena Hartley Chairman Judd reminded everyone of the appeal process. Spring Creek Lamoille Master Plan Workshop: A public hearing to review/amend a portion of land located within Phase 1 of the Spring Creek / Lamoille Master Plan Phase. Further review / amendment of the Master Plan for a change of designation from Light Industrial to Residential - 2 at 73 Licht Parkway is requested by Mr. Kim Atkinson. Said workshop hearing is to be conducted as per N.R.S through inclusive. Mr. Kingwell- Staff Report was read. Commissioner Galyen- questioned what type of motion is needed. Mr. Kingwell- this board would make a motion to approve or disapprove the designation of R2 on this parcel and as a whole the master plan will go before the County Commission to be approved. Commissioner Larason- recused himself, Mr. Atkinson is a personal friend and has done business with him in the past and may do business with him in the future. Public Comments Stacey Schwandt (step daughter of applicant)- she explained that the property is up for sale and it is a good prospect to have apartment complex built on this property. Commissioner Galyen- declared that he is a personal friend with the applicant and has done business with him in the past, but doesn t feel it would influence his voting on this matter. Ms. McQueary agreed. MOTION: Commissioner Galyen moved to designate this lot APN# E-007 from Light Industrial to a Residential 2 designation, seconded by Commissioner Hartley. Motion passed. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC July 19, 2012 Minutes.docx

5 Elko County Planning Commission Meeting Minutes July 19, 2012 Page 5 VOTE: AYE: NAY: ABSENT: Mike Judd David A. Galyen Dena Hartley Richard Genseal Norlene Wilson David Hough ABSTENTIONS: Jack D. Larason Chairman Judd reminded everyone of the appeal process. FTR recording interruption at 5:43.50 PM. Meeting was recessed after the appeal process was read. 5:55:44 PM Meeting Reconvened. OTHER BUSINESS: DRAFT ORDINANCE FOR AN ADDITION OF TITLE 6 CHAPTER 14 OF THE ELKO COUNTY CODE ENTITLED AGRICULTURAL ENTERPRISES (RIGHT TO RANCH). Review, discussion and possible action of a recommendation to the Elko County Board of Commissioners of a draft ordinance for an addition of Title 6 Chapter 14 of the Elko County Code entitled Agricultural Enterprises. Stephanie Licht (Elko County Farm Bureau)- After the May meeting she met with Ms. McQueary and Commissioner Hartley to pare down the original document. Commissioner Hartley recommended that they appear before the realtors and building inspectors luncheon in June, because they already have a 32-page booklet with many disclosures. Ms. Licht explained in a similar presentation to that which was given at the Realtors lunch why they want another disclosure, Agriculture in America and why we need a Right to Ranch ordinance. Commissioner Hartley- Commended Ms. Licht on the work she has done on this issue. Ms. Licht- once the ordinance is passed that is only the beginning, the educational process is the next step. Ms. McQueary- I appreciate all the work Ms. Licht has put into addressing my concerns, there are still some minor wording changes. I don t have a problem with the notice on the tax roll, or disclosure statement. I see this as more of a general expression of philosophy rather than an ordinance, which regulates behavior. This is more of a political decision than a legal decision to make a recommendation to the County Commissioners. Commissioner Hartley- Do you feel this disclosure should come from the sellers of property that this actually applies to? Ms. Licht- we are hoping it will go into the actual real-estate package. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC July 19, 2012 Minutes.docx

6 Elko County Planning Commission Meeting Minutes July 19, 2012 Page 6 Ms. Hartley- The package that we would be dealing with is different documents depending on the details of a sale. This might not really apply to all properties. This should come from a seller of property that this will apply and it should have a seller s signature on it. Ms. Licht- we could make that change. It applies to properties adjacent to within line of sight of agricultural land. Commissioner Hartley- It would follow along with the open rangeland disclosure statement. Ms. Licht- It is our intention that it would be from the seller to the buyer of land adjacent to or within line of sight of agriculture land. Discussion on the signature lines and notarization of signatures followed. The issue of why this is needed was discussed, when property is zoned agricultural the zoning can be changed and affect the existing agricultural zoned property with complaints against agricultural activities. MOTION: Commissioner Larason moved to recommend to the County Commission to approve an ordinance for an addition of Title 6 Chapter 14 of the Elko County Code entitled Agricultural Enterprises (Right to Ranch), conditional to legal department and Ms. Licht agreement on wording, seconded by Commissioner Hartley. Motion passed. Discussion on having this as a resolution instead of an ordinance followed. VOTE: AYE: NAY: ABSENT: Mike Judd David A. Galyen Jack D. Larason Dena Hartley Richard Genseal Norlene Wilson David Hough ABSTENTIONS: STAFF AND COMMISSIONERS COMMENTS: Commissioner Galyen- asked about revisiting the ordinance for the farm animals and the FFA and 4-H members to include others. Chairman Judd agreed this issue should be revisited at a future meeting. Mr. Kingwell- if the board would like to look into it we can put it on a future agenda. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC July 19, 2012 Minutes.docx

7 Elko County Planning Commission Meeting Minutes July 19, 2012 Page 7 COMMENTS BY THE GENERAL PUBLIC: No comments Meeting adjourned at 6:17:13 PM. XI. ADJOURNMENT Minutes Clerk: Eleanor O Donnell Date Approved: August 16, 2012 Staff Reports attached. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC July 19, 2012 Minutes.docx

8 STAFF REPORT # CONDITIONAL USE PLANNING COMMISSION MEETING DATE: July 19, APPLICATION: A request for a conditional use permit under Elko County Code 4-2-1(B) 4. submitted by the Prospector Pipeline Company to allow for the proposed Coyote Creek natural gas main line valve station, a remotely monitored facility which is part of the North Elko Pipeline Project (NEPP). 2. LOCATION: Approximately 11 miles south of the Midas/Tuscarora Road along an unnamed dirt road in the vicinity of the Rossi Mine. NW1/4of the NW ¼ of Section 11, Township 37 North, Range 49 East M.D.B. &M. (See attached map) 3. BACKGROUND INFORMATION: o Owner(s) of Record: Dean and Sharon Rhodes o Previous Applications on Property: None o Size of Property: 450 Sq. Ft. affected of a acre parcel o Access: Midas/Tuscarora Rd. or Dunphy Road to an Unnamed dirt road (See Map) o Master Plan: None o Comments: Attached if received 4. PROJECT IMPACTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: Area required is 450 Sq. Ft. (approximately 15 x30 ) B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: The site is adjacent to and will be accessed by a private dirt road. Access to the site by a 4x4 drive vehicle will be required for inspection purposes twice monthly. Additional trips to the site may be expected for maintenance. C. THE AEFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: Page 1

9 1) Environmental and cultural surveys at the width of 300 are completed. 2) Right of way width on private property is 15 with a 75 wide temporary work width. 3) Affected area for this application upon completion is 450 Sq. Ft. 4) Site equipment will be painted BLM Shale Green to match surrounding area. 5) Weed barrier cloth and gravel topping will be used to finish valve station. 6) An 8 high chain link fence with 3 strands of barbed wire will secure the station. 7) Remotely located on/near private ranching and mining lands. 8) The Remote valve station provides the means of shutting down and isolating a portion of the pipeline for maintenance or during a failure of equipment. 9) The site will be remotely monitored by the Prospector Pipeline Company for flow and pressure in real time by Supervisory Control and Data Acquisition technology. This allows for automatic shutdown and isolation in the event of an emergency. (See attached project description.) 10) Pursuant to Nevada Administrative Code, Prospector Pipeline Company is required to maintain an approved pipeline emergency response plan for pipeline operations under the jurisdiction of the Public Utilities Commission of Nevada. 5. CONSISTENCY WITH EXISTING ZONING: A listed conditional use under Elko County Code (B) STAFF COMMENTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: 450 Sq. Ft. affected of a acre parcel. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: Midas/Tuscarora Rd. or Dunphy Road to an Unnamed dirt road (See Map) C. THE AFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: Minimal area of 450 Sq. Ft. in a remote location. D. CONSISTENCY WITH EXISTING ZONING AND USES: A listed conditional use. Page 2

10 E. Prior to the completion of this report comments may or may not have been received from the following. Those comments received will be attached to this report. o Nevada Department of Transportation o Elko County Sheriff s Office o Elko County Public Works o Elko County Highway Department o Elko County Manager Office o Nevada Division Forestry o Elko County Building & Safety o NV Energy o BLM 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings, staff recommends Approval with the following conditions and restrictions. A. Conditional Use is subject to restrictions and conditions as outlined in Elko County Code attached at end of report. B. Applicant will adhere to all regulations, requirements and codes related to construction, inspection and operation of the Main Line Valve station including Department of Transportation regulations, Nevada Administrative Codes and Public Utilities Commission requirements. C. County Roads utilized in supplying the Prospector Pipeline Project will require a Road Maintenance Agreement will need to be completed before any construction activity starts. D. Project shall be limited to the plans as submitted with Application No Basis for recommendation: 1) Applicant has addressed the health safety and welfare issues of this application and demonstrates that substantial conformity to approved plans and drawings can be met with minimal affects to the public. 2) The project as outlined will supply natural Gas to the Barrick Goldstrike Mine. The use is Page 3

11 necessary and desirable and will not be materially detrimental to the public welfare. Note: The recommendations of this report are based on the fact that prior to the completion of this report staff had not received any negative or adverse comments to the proposed. Should testimony from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may withdraw its recommendations. John W. Kingwell Elko County Associate Planner Page 4

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19 9-6: CONDITIONAL USES: Certain uses, referred to in this Title as conditional uses, are declared to possess characteristics which require special appraisal by the Planning Commission in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. (A) Procedure: Any use of property which is listed as or specified in this Title to be a conditional use shall be approved or disapproved as to zoning only upon filing an application in proper form and in accordance with the procedure hereinafter set forth. (Ord A, , eff ; amd. Ord D, , eff ) (B) Submission Of Application: A completed application for a conditional use permit must be submitted to the Department of Planning and Public Works at least thirty (30) days prior to the Planning Commission meeting at which the application is scheduled to be heard. (C) Action By Commission: A public hearing before the Planning Commission shall be held upon every application for a conditional use permit. (Ord T, , eff ; amd. Ord D, , eff ) (D) Limited Approval Of Conditional Uses: The approval of a conditional use may be made valid only for a specified term. The approval may be made contingent upon the written acceptance and continued observance of specified conditions, including, but not limited to any one of the following: 1. Substantial conformity to approved plans and drawings; 2. Time period within which the use authorized shall be brought into existence, failing which the approval shall lapse and be void; 3. Guarantees as to compliance with the terms of the approval; 4. Dedication of and improvement of streets and other public facilities; 5. Special yards planting, fences or walls; Page 12

20 6. Limitations on signs; 7. Limitations as to the time of day during which specified activities may be conducted. Once a conditional use is established, all of the conditions specified in the approval shall become operative, and the violation of any of them shall constitute a violation of this Title. (E) Effective Date: The order authorizing a conditional use or disapproving the same shall be effective ten (10) days after the date of such order, unless a notice of appeal is filed within such a period of ten (10) days. (F) Lapse Of Approval: Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void unless the use is established or construction necessary and incident to its establishment is started within six (6) months of the date of final action of approval. (G) Changes In Conditions: The Planning Commission shall receive, hear and decide applications to extend the term or to modify any condition imposed upon a conditional use, or upon a use established under a use permit issued prior to the effective date of this Title. Every such application shall be subject to the same procedure and regulations as set forth in this Section for a conditional use. (Ord A, , eff ; amd. Ord D, , eff ) (H) Hazardous Waste: 1. No conditional use application shall be granted for use of property for hazardous waste disposal, incineration or treatment or for use in the storage or management of hazardous wastes for treatment, incineration or disposal for which use a permit to operate such a facility is required from the State of Nevada or the United States. (a) "Hazardous waste" is defined as it is defined in NRS and includes any hazardous waste or constituents of hazardous waste which are subject to regulation under 40 C.F.R. 261, as in effect on July 1, Page 13

21 2. This subsection shall remain in full force and effect until the earlier of the State of Nevada issuing regulations for operation of hazardous waste disposal and treatment and ending the moratorium on the issuance of State permits to operate facilities for the disposal, treatment and incineration of such hazardous wastes, or repeal of this subsection. (Ord K, , eff ; amd. Ord D, , eff ) Page 14

22 SCOTT R. BROWN, P.L.S. DIRECTOR PLANNING & ZONING NATURAL RESOURCE MANAGER JOHN W. KINGWELL ASSOCIATE PLANNER CODE ENFORCEMENT PEGGY PIERCE-FITZGERALD GIS / CADD OPERATOR R-O-W PERMIT TECH pfitzgerald@elkocountynv.net Elko County Planning & Zoning Division Natural Resource Management 540 Court Street, Suite 104 Elko, Nevada (fax) ELEANOR O DONNELL PLANNING & ZONING ADMINISTRATOR eodonnell@elkocountynv.net MEMORANDUM DATE: July 11, 2012 TO: FROM: RE: Elko County Planning Commissioners John W. Kingwell Review/Amendment Request to the Spring Creek Lamoille Master Plan APN E-007 Light Industrial to Residential-2 Designation A request for a change of zoning within Phase I of the Spring Creek Lamoille Master Plan on Assessor s Parcel Number E-007 has been requested by Mr. Kim Atkinson. As the SCLMP has not yet been approved by the Elko County Commission, a change depicting a designation of Residential-2 on the Light Industrial Parcel must be made prior to a zoning Change request. (See attached maps) The purpose for this request is for the construction of duplex apartments. Parcel E-007 abuts to the north, the Cully pit which is zoned Industrial (M1 Extractive District) but Designated Restdential-1. This is a gravel pit that is no longer in operation as it has been mined out. To the west the zoning is Residential-2. To the south, the zoning is Agricultural/Residential. To the east and adjacent to this parcel are to Light Industrial parcels utilized as contractor services parcels. It is staff s opinion that the designation of R-2 is consistent with surrounding zoning uses and designations. The removal of the Light Industrial zoning in the future would remove the potential of additional heavy vehicle traffic passing by the front of the Spring Creek Grammar School. Additional residential rental units are need in this area.