ELKO COUNTY PLANNING COMMISSION MEETING MINUTES

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1 MEETING MINUTES MEETING DATE: APRIL 17, 2008 Members Present...David Hough, Chairman Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley Absent...Kristian Forland Jack D. Larason Others Present...Randy Brown, Director Planning and Zoning Kristin McQueary, District Attorney s Office John Kingwell, Planning Coordinator Mary Chapman Ken Plewe Melissa McJunkin Paul Bottari Travis Gerber Mike Shanks The regular meeting of the Elko County Planning Commission was called to order at 5:15 P.M. by Chairman Hough on April 17, 2008 in room 105 of the Elko County Courthouse, Elko, Nevada. I. PLEDGE OF ALLEGIANCE: Allegiance Pledged. II. APPROVAL OF MINUTES: Chairman Hough asked for comments and or a motion concerning the minutes of March 20, Commissioner Galyen reported corrections to be made on page 12. MOTION: Commissioner Galyen made a motion to approve the minutes of March 20, 2008

2 with corrections to page 12. Commissioner Judd made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larason ABSTENTIONS:...None III. COMMENTS BY THE GENERAL PUBLIC: None IV. CONSENT AGENDA: None V. PRELIMINARY HEARINGS: # , Vatos, LLC - A preliminary hearing regarding an application for a change in zoning from Open Space to Special Lands on a portion of the following described property for one 10 acre residential parcel: A acre parcel of land located in a portion of the NE 1/4 of Section 22, T.33 N., R.57 E., M.D.B.& M., Elko County, Nevada. Applicant is Vatos, LLC. Owner is Dan Steninger. Mr. Brown stated that the application is complete, and the application fee has been received. He stated this property is designated as A/R CRD-2 which is a 5 acre minimum in the Spring Creek Lamoille Master Plan. The 10 acre parcel requested is considered to be in conformance due to its larger size. Staff recommends that this be forwarded to the public hearing on May 15, Chairman Hough asked for Questions from the commissioners and/or a motion.

3 MOTION: VOTE: Commissioner Hartley moved to remand Application # , Vatos, LLC to the public hearing on May 15, Commissioner Judd made a second to the motion. The motion carried. AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...None # , Pacific Western Systems - A preliminary hearing regarding an application for a change in zoning from General Industrial to Special Lands for the development of residential parcels. A acre parcel of land described as Lot 15 as shown on the Division of Land for Area West, Inc., File No Located in Section 15, T.33N., R.56E., M.D.B.& M. Applicant is Pacific Western Systems, Inc.. Owner is Brett Worsham. Mr. Brown stated the application is in order, the application fee has been received, and the property is located within Phase 1 of the Spring Creek Lamoille Master Plan. The area has no future designation provided for it. However, it is General Industrial providing for 10,000 square foot minimum parcel sizes and the classification is considered a down zone back to residential with 10 acre minimum parcel sizes. Staff recommends this item be remanded to the public hearing date of May 15, Chairman Hough asked for questions from the commissioners and/or a motion. MOTION: Commissioner Judd moved to remand Application # ,

4 Pacific Western Systems, Inc. to the public hearing on May 15, Commissioner Grisham made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...None # , Ronald W. Brown & Kristin Jamie Brown - A preliminary hearing regarding an application for a change in zoning from Open Space to Special Lands on the following described property for residential parcels: A acre parcel of land located in the S1/2 of Section 29, T.34 N., R.56 E., M.D.B.& M., Parcel No. 6 as shown on that map with File No , Elko County, Nevada. Applicant is Ronald W. Brown & Kristin Jamie Brown. Owner is Ronald W. Brown ET AL. Mr. Brown stated the application is in order and the application fee has been received. This portion of land is located within the Spring Creek Lamoille Master Plan under the KRL Division of Land into Large Parcels. This property was included on the Maridek amendment to the Spring Creek Lamoille Master Plan and is designated as Special Lands with a 10 acre minimum parcel size. The application is in order, the filing fee has been received, and staff recommends this to be remanded to the public hearing date of May 15, Chairman Hough asked for questions from the commissioners and/or a motion. MOTION: Commissioner Galyen moved to remand Application

5 # , Ronald W. Brown & Kristin Jamie Brown to the public hearing on May 15, Commissioner Hartley made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...None # Kirk Hooper - Hooper/Cooper, LLC - A preliminary hearing regarding an application for a change in zoning from Agricultural / Residential to General Industrial (M-1) on the following described property: A acre Parcel of land located in the SW1/4 of Section 20, T.35 N., R.56 E., M.D.B.&M., Parcel 2 as shown on that map with File No , Elko County, Nevada. Applicant and Owner is Kirk Hooper - Hooper/Cooper, LLC. Mr. Brown stated this property is located on old Hwy 40 and is the concrete structure that belonged at one time to AAA Drilling. We discovered that the structure was build across the center line of two properties one of which is zoned Agricultural / Residential and the other zoned M-I. The development tendencies in this area are more towards Industrial uses. The application is in conformance to the development patterns of the area and staff recommends this to be remanded to the public hearing date of May 15, Chairman Hough asked for comments from the commissioners and/or a motion. MOTION: Commissioner Hartley moved to remand Application # , Kirk Hooper - Hooper/Cooper, LLC to the public hearing on May 15, Commissioner Judd made a second to the motion. The motion carried.

6 06-31E-019ELKO COUNTY PLANNING COMMISSION VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...None VI. PUBLIC HEARINGS: Chairman Hough stated he would have to abstain on the following hearing as he is involved with this project professionally. He passed the gavel to Vice Chairman Galyen. # , Maridek LLC - A public hearing for a change of zoning from Open Space to Residential-1, 0.5 acres on a acre portion of Lot 16 as shown on Map with File No Applicant wishes to develop 16 single family residential dwellings. Located in portions of Sections 32 and 33, T.34 N., R.56 E., M.D.B.& M. Mr. Brown read the following staff report into the record: STAFF REPORT # ZONE CHANGE PLANNING COMMISSION MEETING DATE: April 17 th, APPLICATION:. For a change of zoning submitted by Maridek LLC from nonconforming Open Space to Residential acres. The proposed use is for subdivision into 16 single family residential lots. 2. LOCATION: A portion of lot 16 as shown on file No , located in a portion of Section 32, T. 34N., R.56 E., M.D.B.& M. 3. SUMMARY INFORMATION: ASPANO.:SESOR SRCEL

7 OWNER(S) OF RECORD: Maridek LLC PREVIOUS APPLICATIONS ON PROPERTY: None SIZE OF PROPERTY: ACCESS: MASTER PLAN: COMMENTS: Proposed Spring Valley Court Spring Creek / Lamoille Master Plan As attached. 4. PROJECT DESCRIPTION AND IMPACTS: A. PROJECT DESCRIPTION: The proposed is to subdivide and develop 16 single family dwelling parcels on the proposed acres. The parcels will range in size from 0.54 acres to 1.21 acres in area. The average size parcel is.75 acres. The proposed densities will require the development of a 26' wide asphalt road surface on Spring Valley Court. Curb, gutter and side walk are also required by the Elko County Code, however, due to previous construction patterns the applicant may not be required to develop. This issue is to be determined when and if the applicant applies for subdivision. The applicant will be required to negociate and finalize an agreement with the Spring Creek Association concerning maintenance dues and impacts on existing county roads maintained by Spring Creek. The agreement is as per prior requirements of the Elko County Planning Commission and Elko County Board of Commissioners approvals to the Spring Creek Master Plan and Division of Land into large Parcels. B. EFFECT UPON THE EXISTING LAND USE PATTERN IN THE AREA: The adjacent areas are primarily residential to the north and commercial to the south. The proposed will have limited significant impacts, primarily due to increased traffic on Spring Valley Court. The proposed 16 parcels will potentially generate 80 to 110 vehicle trips per day. The proposed is to be supplied domestic water by the Spring Creek Utilities. Each individual lot will be required to develop an individual septic system on site. The13.02 acres is currently un-developed and lies within an area between residential and commercial uses. The existing residential parcels and commercial parcels average in size from 1.0 acres to 2 or more acres. The proposed is to be bordered on the north by an Open Space area the same as found in the Spring Creek Subdivision and encompasses annual flow drainage. The Open Space area is planned to be developed as a walking trail with other ancillary uses as well as maintaining the drainage. The proposed will provide 16 additional residential dwelling lots for development.

8 The proposed will supplement a much needed residential market in the Spring Creek area with minimal impacts to existing infrastructure. 5. CONSISTENCY WITH EXISTING ZONING AND MASTER PLAN: A. COMPATIBILITY OF PROPOSED ZONING WITH EXISTING ZONING AND DEVELOPED USAGE IN THE AREA: The proposed single family dwelling parcels are considered to be compatible with the existing Agriculture-Residential zoning as well as the community service based commercial developments. The proposed R parcels although smaller will accommodate and maintain the residential uses established in the area. B. CONFORMS WITH THE EXISTING MASTER PLAN OF THE AREA: The proposed is located within Phase I of the Spring Creek / Lamoille Master Plan. The Spring Creek / Lamoille Master Plan was amended in the fall of 2007 to incorporate the Maridek LLC Planned Unit Development. The proposed is Phase I of the PUD and is in conformance with the Spring Creek / Lamoille Master Plan. 6. STAFF COMMENTS: A. The proposed is to subdivide and develop 16 single family dwelling parcels on the proposed acres. The parcels will range in size from 0.54 acres to 1.21 acres in area. The average size parcel is.75 acres. B. The proposed densities will require the development of a 26' wide asphalt road surface on Spring Valley Court. Curb, gutter and side walk are also required by the Elko County Code, however, due to previous construction patterns the applicant may not be required to develop. This issue is to be determined when and if the applicant applies for subdivision. C. The applicant will be required to negociate and finalize an agreement with the Spring Creek Association concerning maintenance dues and impacts on existing county roads maintained by Spring Creek. The agreement is as per prior requirements of the Elko County Planning Commission and Elko County Board of Commissioners approvals to the Spring Creek Master Plan and Division of Land into large Parcels. D. The adjacent areas are primarily residential to the north and commercial to the south. The proposed will have limited significant impacts, primarily due to increased traffic on Spring Valley Court. The proposed 16 parcels will potentially generate 80 to 110 vehicle trips per day. E. The proposed is to be supplied domestic water by the Spring Creek Utilities.

9 Each individual lot will generate an individual septic system on site. The13.02 acres is currently un-developed and lies within an area between residential and commercial uses. F. The proposed single family dwelling parcels are considered to be compatible with the existing Agriculture-Residential zoning as well as the community service based commercial developments. G. The proposed is located within Phase I of the Spring Creek / Lamoille Master Plan. The Spring Creek / Lamoille Master Plan was amended in the fall of 2007 to incorporate the Maridek LLC Planned Unit Development. The proposed is Phase I of the PUD and is in conformance with the Spring Creek / Lamoille Master Plan. H. The proposed will provide 16 additional residential dwelling lots for development. The proposed will supplement a much needed residential market in the Spring Creek area with minimal impacts to existing infrastructure. I. Prior to the completion of this report comments may or may not have been received from the following: 1) Nevada Division Forestry (no comment) 2) Nevada Division of Health (no comment) 3) Nevada Department of Transportation (no comment) 4) Nevada Division of State Lands (no comment) 5) Nevada Division of Water Resources (no comment) 6) Elko County Building & Safety (no comment) 7) Elko County Highway Department (no comment) 8) Elko County Manager Office (no comment) 9) Elko County Public Works (no comment) 10) Elko County School District (no comment) 11) Elko County Sheriff s Office (no comment) 12) Spring Creek Association (attached) 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings staff recommends Approval with the following conditions and restrictions. A. At time of any development, the developer shall comply with all applicable provisions of the Nevada Revise Statutes, Federal laws, local building and development requirements.

10 B. At time of any development, the owner / developer agrees to comply with all Federal, State and Local statutes, ordinances and Elko County development criteria and building requirements concerning the development at that time. C. If said property is sold in whole or otherwise conveyed to a new owner or owners, the deed of conveyance shall contain verbiage that identifies and adopts the recommendations, findings, conditions and requirements of approval of this specific zone change or property, pertaining to any proposed development, either commercial or residential. D. At time of development the developer shall comply with all development criteria and provisions of this staff report as well as any other standard and requirement set forth by Elko County concerning the Subdivision Development. Basis for recommendation: 1) The proposed single family dwelling parcels are considered to be compatible with the existing Agriculture-Residential zoning as well as the community service based commercial developments. 2) The proposed is to be supplied domestic water by the Spring Creek Utilities. 3) The proposed is Phase I of the PUD and is in conformance with the Spring Creek / Lamoille Master Plan. Note: Should testimony or comment from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may change or withdraw its recommendations. Report Prepared by: Scott R. Brown, P.L.S. Director Planning & Zoning Mr. Brown read the following letter into the record: Dear Elko County Commissioners, I have no objection to the sixteen single family homes proposed behind my property so long as the acre open area, walk path, remains intact and unchanged. Thank You for notifying us, John D. Naungayan.

11 Mr. Brown stated Mr. Naungayan s request is a condition of the staff report. Vice Chairman Galyen asked for comments from the commissioners. Commissioner Hartley stated she would have to abstain as she is a member of the Spring Creek association and has been involved with this applicant. Mrs. McQueary (D/A) stated with 2 members abstaining, there are 3 left to vote. The majority of the remaining members will be the quorum. Vice Chairman Galyen asked for comments from the public with a time limited to 5 minutes per speaker. There were no comments. Vice Chairman Galyen asked for comments from the commissioners and/or a motion. MOTION: VOTE: Commissioner Judd moved to approve Application # , Maridek LLC with staff s recommendations and findings. Commissioner Grisham made a second to the motion. The motion carried. AYE:...Dave Galyen, Vice Chairman Milt Grisham Mike Judd NAY:...None The gavel was passed back to Chairman Hough. ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...David Hough, Chairman Dena Hartley # , Monjaras - A public hearing for a Tentative Map of Division of Land into Large Parcels. Tentative Map of Division of Land into Large Parcels for Julio C. Monjaras is located in the North ½ and a Portion of the Southeast

12 OW(S)RENEROFCOACCECOS:&INRD::AttachMENTSFORMATIONELKO COUNTY PLANNING COMMISSION 1/4 of Section 24, T.36 N., R. 56 E., M.D.B.& M. and is approximately 2.25 miles north of the Ryndon I-80 Interchange in Elko County, Nevada. The applicant and owner of said property is Julio C. Monjaras. Mr. Brown read the following staff report into the record: STAFF REPORT # TENTATIVE MAP DIVISION OF LAND INTO LARGE PARCELS PLANNING COMMISSION MEETING DATE: April 17 th, APPLICATION:. Tentative Map of Division of Land Into Large Parcels. The application is submitted by Julio Monjaras for the purpose of Division of Land into Large Parcels as per N.R.S through inclusive and Elko County Code for the creation of 9 parcels of 40 acres or more in Section 24, T. 36 N., R. 56 E., M.D.B.& M.. 2. LOCATION: The proposed parcel is approximately 400 acres in size and is located in the N ½ and a portion of the SE 1/4 of Section 24, T. 36 N., R. 56 E., M.D.B.& M. 3. SUMMARY INFORMATION ASSESSOR S PARCEL NO. : E-001 Julio Monjaras Previous Applications On Property: None SIZE OF PROPERTY: acres Coal Mine Canyon Road (ECR 742) MASTER PLAN: Elko County General Plan edifapplicable

13 . 4PROPOSEDTENTATIVEDIVISIONOFLANDINTOLARGEPARCELSELKO COUNTY PLANNING COMMISSION A.The current zoning of this property is Open Space. The 400 acres is currently undeveloped and being utilized for agricultural grazing and transient recreation. The proposed is to divide the 400 acres into 9 parcels with a minimum parcel size of acres. Access is to be provided by Coal Mine Canyon Road, (Elko County Road 742) and an access to be developed from existing public right of ways. B. The proposed 9 parcels as shown on the attached map will have a potential increased traffic flow impact of approximately 45 vehicle trips per day. The proposed 9 parcels will utilize individual septic systems and domestic wells. NRS (6) states that the Planning Commission may require the development criteria of subsection 5. The existing subdivisions located adjacent to all sides provides a 30' wide right of way on all sides. The applicant proposes to offer an continuous 40' wide right of way to provide a full 70' wide right of way along the proposed roads. Staff recommends that Johnson Avenue along the east boundary of Section 24 be improved to the 26' wide rural standard, 21 st Street along the north boundary be improved to a 26' wide rural gravel standard and Navajo Avenue along the west boundary from the northwest corner section corner to the west 1/4 corner be improved to the 26' wide rural gravel standard. Staff also recommends that the applicant is to provide primary access to the project by developing Quartzite Drive from the southeast corner of Section 24 east to its intersection with Coal Mine Canyon Road, approximately 0.8 of a mile, to the 26' wide rural gravel standard. Development of this portion of road will require an application to the BLM for an additional 30' of right of way along the south side of the Section Line. C. Further subdivision of land utilizing the proposed 21 st Street access road, may require further development to a higher standard. D.The proposed Division of Land into Large Parcels will have limited significant impacts or effects on the general health, safety welfare of the area. Other areas of concern are the potential for the creation of 9 new individual septic systems and domestic water wells. The impacts of the septic systems on potential points of source water are not known. This is an issue that at the time of permitting, the State Health Division and NDEP would be required to review. The impacts of domestic water wells is an issue that should be reviewed by the State Engineer, however, at this time legislation requiring water rights dedication for a Division of Land into Large Parcels is not required. The potential for impacts to water sources at total build-out is 2 acre feet per parcel or 18 acre feet per year for all 9 proposed parcels. This is according to the State Engineers policy

14 CONSISTENCYWITHEXISTINGLANDUSEPATERNSOFTHEAREA:in the area. 6.STAFFCOMENTSANDCONDITIONS:ELKO COUNTY PLANNING COMMISSION on the proposed roads. 5.for domestic wells. E. A Home Owners Association should be developed for the maintenance of roads. The creation of the Home Owners Association should be encouraged at the sale and conveyance of 70% or 6 parcels of the total 9 newly created parcels. Declarations of Reservations (DOR) or Covenants, Conditions & Restrictions (CC&R) should be developed by the Developer that requires the creation of the Home Owners Association and outlines the specific duties of the Association.. F. Fencing of the boundary of the proposed Division of Land into Large Parcels is to be required. The boundary of the proposed shall be fenced as per the approved fence outlined in NRS. Cattle guards a minimum of 26' wide are to be placed strategic points A. The proposed Division of Land into Large Parcels is considered compatible with adjacent properties and developed usage of the area. The primary uses of the area is agriculture and moderate density residential. The proposed is surrounded by moderate density 2 to 2.5 acre parcels in Twin River Ranchos Unit No. 2 to the north and west, Twin River Ranchos Unit No. 3 to the East and Humboldt River Ranches Unit No. 1 to the South. B. The area is designated as Open Space by the 1971 General Plan. Lands within the proposed are lands that are not considered conducive to crop production due to topography, limiting the agricultural use to grazing. Prior uses include agricultural grazing by previous owners and other lease holders as well as by other property owners A)The current zoning of this area is Open Space. The 400 acres of the proposed are currently undeveloped and being utilized for agricultural grazing. The proposed is to subdivide the 400 acres into 9 parcels with a minimum parcel size of acres. B) NRS (6) states that the Planning Commission may require the development criteria of subsection 5. Staff recommends that North Fifth Street be improved to the minimum rural standard of 26' wide gravel surface for the full frontage of the proposed and that a 40' wide right of way be offered for dedication for public uses. C) The applicant should be encouraged to adopt a minimum parcel size Deed Restriction restricting the parcel size to existing 40 acres or more with no further

15 subdivision to be permitted. However, any further subdivision of land utilizing the proposed access road, may require a further road development to a higher standard. D) The applicant should be encouraged to create a Home Owners Association at the sale and conveyance of 70% or 6 parcels of the total 9 newly created parcels. E) Declarations of Reservations (DOR) or Covenants, Conditions & Restrictions (CC&R) should be developed by the Developer that requires the creation of the Home Owners Association and outlines the specific duties of the Association. F) Fencing of the boundary of the proposed Division of Land into Large Parcels is to be required. The boundary of the proposed shall be fenced as per the approved fence outlined in NRS. G) All adjacent roads are to be improved to the minimum rural standard of 26' wide gravel surface for the full frontage of the proposed and that a 40' wide right of way be offered for dedication for public uses. Cattle guards a minimum of 26' wide are to be placed at strategic points on the proposed roads H) The proposed Division of Land into Large Parcels with development could have limited significant impacts or effects on the general health, safety and general welfare of the area. 1) Additional vehicular traffic on Coal Mine Canyon Road (ECR 742). 2) Water impacts and availability / Septic system impact 3) Possible adverse effect to current water users quantity and quality 4) Fugitive or transient dust created from the gravel surface roads I)Elko County has submitted copies of this Tentative Map to governing entities as an agency courtesy, not required by NRS or County Code. Prior to the completion of this report comments have been received from the following: 1) Elko County School District (no comment) 2) Elko County Sheriff s Office (no comment) 3) Elko County Public Works (no comment) 4) Elko County Highway Department (no comment) 5) Elko County Manager (no comment) 6) Elko County Building & Safety (no comment) 7) Nevada Department of Transportation (no comment)

16 8) Nevada Division of State Health (no comment) 9) Nevada Division Forestry (no comment) 10) Nevada Division of Environmental Protection (no comment) 11) Nevada Division of Water Resources (no comment) J) Review of the Tentative Map has shown that the map is technically correct and that it complies with the provisions N.R.S The Tentative Map is in full compliance with Elko County Code All local filing fees have been paid and recorded. If approved Staff Recommends the following: 1) Johnson Avenue along the east boundary of Section 24 is to be improved to the 26' wide rural standard, 21 st Street along the north boundary is to be improved to a 26' wide rural gravel standard and Navajo Avenue along the west boundary from the northwest corner section corner to the west 1/4 corner is to be improved to the 26' wide rural gravel standard. The applicant is to provide primary access to the project by developing Quartzite Drive from the southeast corner of Section 24 east to its intersection with Coal Mine Canyon Road, approximately 0.8 of a mile, to the 26' wide rural gravel standard or a commensurate alternative. 3)Fencing of the boundary of the proposed Division of Land into Large Parcels is to be required. The boundary of the proposed shall be fenced as per the approved fence outlined in NRS. 4) Cattle guards a minimum of 26' wide are to be placed at strategic points on the proposed roads. 5)Declarations of Reservations (DOR) or Covenants, Conditions & Restrictions (CC&R) should be developed by the Developer that requires the creation of the Home Owners Association and outlines the specific duties of the Association. The Home Owners Association is to be created at the sale and conveyance of 70% or 6 parcels of the total 9 proposed parcels. 6) The applicant should be encouraged to adopt a minimum parcel size Deed Restriction restricting the parcel size to existing 40 acres or more with no further subdivision to be permitted. Note: The recommendations and conditions of this report are based on information and comment received through the application process. Should testimony or data from the public or entity arise before or during the public hearing opposed to the proposed or providing adverse or

17 contradictory information staff may append, withdraw or change recommendations and/or conditions. Report prepared by: Scott R. Brown, P.L.S. Director Planning & Zoning Mr. Brown stated he wanted to strike Item #4, the requirement of cattle gaurds. I don t think we can put cattle guards out there that can be strategically placed. To build a road all the way around this and require no interior fencing...there is absolutely no reason for cattle guards out there because Coal Mine Canyon Road is not fenced. Chairman Hough asked for comments from the commissioners to staff. Commissioner Grisham asked for clarification on the access roads. Mr. Brown explained the position of the proposed map and the access roads used. Chairman Hough asked for comments from the public. Ken Plewe working for Civil Wise Services, stated his company is representing the applicants interests. He stated he was the survey manager on this project and the one that drafted the map. There is a potential for 9 residences on this property. It could be used with an application to the Department of Water Resources for raising grapes, agriculture on hills, fruit trees, or whatever a purchaser of the property wanted to do. After reading the staff report I was rather flabbergasted to find a requirement by staff for roads beyond simple dedication of access. They are asking for full width roads around the perimeter which is approximately 1 and 1/4 miles. NRS requires a suitable emergency access. Asking for continued roads off site is beyond the bounds of NRS 278. I have not found a requirement for a fence or the establishment of a homeowners association in NRS 278 as it pertains to DLLP s. Fencing the boundary would create a large burden for the applicant. I hope we can reduce some of these requirements. Further subdivision would require an application before this board for a zone change. Commissioner Grisham reminded Mr. Plewe that this is a fence out state. We also want the buyers of these properties to have all weather roads. Mr. Plewe stated he agreed with Commissioner Grisham but the applicant should only have to improve his half of the road and not those portions of previously accepted county roads. NRS states that the property owner is liable if the cattle come onto the property and they don t have it fenced, but it doesn t mandate fencing. Thank you for your time. Paul Bottari stated the intent of the DLLP law was to divide land into large parcels. It is not subdivision. DLLP has it s own section in the law. Elko County supported this when it was passed as well as many of the other counties. The problem of access was addressed as legal

18 access without defining it. A disclosure is required to be signed by the buyer of the property. It states that the buyer knows and understands that there will not be county roads for services like ambulances, specifically stressing fire protection and other services you would normally expect in a subdivision. That disclosure is signed prior to a binding agreement of purchase. There are no requirements for fencing the property that I am aware of. I would discourage it because cattle can keep the fire danger down by grazing. I would like to know if this is a requirement and where it came from. In section 5 or 6 it states that if deemed necessary, the County can require roads for emergency services. The Division of Forestry allows 20' wide with 8 inches of gravel. Elko county requires 26 feet wide with 6 inches of gravel. I believe the 26 foot road is a subdivision requirement in a lot of the states. I support the gentleman s questions that he has and I believe the County is being overly strict in their requirements of DLLP. I think you need to consider those points and how you would defend them should they be challenged. It was the intent of the DLLP law to be separated from subdivision map rules. Thank you. The public comment period was closed as there were no further comments. Commissioner Hough asked for comments from the commissioners. Commissioner Judd stated that this commission is responsible for trying to head off problems and trying to plan something that isn t piece - mealed together by each individual that comes in here wanting to break up a large parcel of land into smaller parcels. I live on a road without a homeowners association and I can understand everybody wanting to make a dollar with out a large expenditure to make that dollar. In the long run, without a homeowners association you are looking for an absolute nightmare trying to maintain roads because the County doesn t maintain them. Without a maintained road you can t obtain financing for a home. Cattle are going to be attracted to green vegetation. Our staff has given it s recommendations and conditions for a reason and those are long standing. We are trying to head off problems. The problem of not fencing taxes our County resources. The sheriff s Office has to respond to the complaints. I live on a 20 foot road and it is a nightmare. It is crazy to put up a 20 foot road. It isn t in the middle of a forest. This proposed DLLP is for houses, supposed houses. I can t recommend to go along with this if the applicant can t comply with staff s recommendations. Commissioner Grisham stated our job is to promote the health, safety and welfare of the public. That includes that of the potential buyers. A small road to the 9 proposed parcels will not work. We have staff s recommendations before us that are for the health, safety and welfare of the public. If we don t place those out as requirements at this time, we will never get it done after the project is done. So I concur with Commissioner Judd. Commissioner Galyen asked if these 9 proposed parcels are surrounded by private properties? Mr. Brown stated they are surrounded by 3 subdivisions. Why then does this gentleman have to put in the whole 26' wide road instead of the 13 foot width? Mr. Brown stated that these surrounding subdivision were created in the early 1960's pre subdivision law and criteria. I cannot go back and make anyone retroactively do anything. At this point, there is no development in this area. Not adjacent to his property. The closest

19 development is approximately ½ mile to the northeast. There is one house. We have been through 7 of these applications in the last 18 months. Nobody likes to say they are a developer, but they are. RLF is a development company out of Salt Lake City. North 5 th LLC is also a development company. Developers are utilizing this law because it allows development at the minimum standard. Elko County has set forth policy as to our requirements. It makes no sense for us to require an all weather road if you can t get to it. We would be land locking another portion of land which we spent the last 20 years trying not to. If we don t make the requirement for that road to connect to the area that is being developed than we have not done our job. These are our policies and procedures and we have run into these problems before. The applicant believes this is an implied right of division whether it s called a subdivision or a DLLP it is still subdivision of land for sale. There is an implied right to protect the person that is going to buy that property by providing what we classify as physical and legal access. We run into this every single month. We did not do that in the past and because of it we have 3 subdivisions with no legal and physical access. We can t go back retroactively and we have to live with today s standard and codes. Chairman Hough stated he believed that NRS 278 allows the counties to supplement portions of it with their own ordinances. Mr. Brown stated we don t do everything by ordinance but by policy and procedure. We set the precedent. Mr. Bottari developed the DLLP Woodhills and the requirements were for a 26 foot wide gravel standard road. The State of Nevada can tell you whatever they want to tell you but our minimum standard in Elko County is a 26 foot wide graveled surfaced road. It is in a public right-of-way which requires by code that it will be developed to the minimum standard. Mrs. McQueary (D/A) stated in NRS , the final map on DLLP subsection 4,a & b, states; a. All subdivision lots by the number and actual acreage of each lot. b. Any roads or easements of access which exist and which the owner intends to offer for dedication, any roads or easements of access which are shown on the applicable master plan and any roads or easements of access which are specially required by the planning commission or the governing body or it s authorized representative. NRS subsection 2 & 3 state; 2. If the tentative map is filed with the planning commission or with the governing body or its authorized representative, the planning commission or the governing body or its authorized representative may within 60 days of the filing of the tentative map designate the location and width of any easements for roads and public utilities as shown on the master plan if there is one applicable to the area to be divided, or designate the location and width of any easements for roads and public utilities which may be reasonably necessary to serve the area to be divided if there is no master plan.

20 3. The planning commission or the governing body or its authorized representative shall not designate an easement after the expiration of 60 days from the filing of the tentative map. When you consider also under chapter 244 which is the statute setting forth the powers of the county commission and chapters 403 and 405 which deal with county roads, the county commission has the authority to set the requirements for county roads. Although NDF has a minimum standard for their vehicles, the county has set forth its minimum standard in Elko County Code which was passed by the Elko County Commission pursuant to the chapter and 405. As far as the fencing, we have a policy that the county commission likes to see in place because of the complaints that have come out of that neighborhood the past 4 or 5 years. Several years ago a ranchers cattle got into a neighborhood and we received a flurry of telephone calls which very nearly resulted in a change in the open range law in the State of Nevada. Certainly they could have placed a designation on the map as far as fencing. The buyer needs to be made aware by admission on the map. A buyer needs to look at the map when they buy property because there should be a designation on the map. As Commissioner Grisham stated earlier, people who don t read the fine print create an enormous amount of work on staff people throughout the county. Commissioner Hartley stated she is definitely for the 26 foot minimum standard. Have we required fencing on all the prior DLLP Maps? Mr. Brown stated we have. Commissioner Hartley stated she is not particularly for that restriction because there is a disclosure form that as a realtor I am supposed to provide to the buyer that explains the Nevada Open Range Law. We are required to have buyers sign that disclaimer and we certainly explain the Nevada Open Range Law to them. If a property owner sells a parcel without a realtor, there are disclosure forms they are probably not going to be aware of. I would like to see something like that on the map. I think it is quite an expense for someone to go and fence off 400 acres when it is actually the individual property owners responsibility. Mr. Brown stated that the problem I have is as Mrs. McQueary referred to, the reverse range war about 3or 4 years ago. We had several ranchers concerned about creating subdivisions and DLLP s. They received the telephone calls as well and wanted to know why we didn t make a requirement to fence the cattle out. When the rancher moves his cattle they go wherever they want to go and if they find an area that is open to them and there are fresh flowers there, they are going to go for it. We are allowing a subdivision to be created and putting it back on the potential buyer to know the laws when the developer is the person who is making the money. Commissioner Hartley stated she understands that if we don t do it now it kind of sets a precedence. Regarding financing, you don t necessarily have to have CC&R s in place. You can have a recorded road maintenance agreement in place. Mr. Brown stated we can t enforce them, I can t make anybody create a homeowners association or anything. All we can do is strongly suggest that they do so. There is no NRS that gives that authority and we won t do it by policy because in my opinion we don t have that authority to do so. The other issues create health and safety issues, the fencing and the

21 roads. Again our determination is a 26 foot wide graveled road. The then acting Engineer Mike Murphy and myself in 1994 approached the State of Nevada with the following question. What is an all weather road. They replied, it was 20 feet wide with 9 inches of gravel. 9 inches of gravel in this country doesn t get you any where. Your gravel is going to sink 3 more inches into the ground. So we went to the wider standard road with a minimal Type 2 gravel and this is preferential to any other standard road. So we hold the standard of 26 feet wide with 6 inches of Type 2 Class B material or equivalent. The state fire marshal by their standard does not call for a specific gravel, it could be pit run. That is what he told us. We prefer our standard because it is a much better road and is also much more maintainable. That is what the staff report is based on. Mrs. McQueary stated that in these subdivisions that were created prior to subdivision law, there are parcels sold over the internet through the Elko County Treasurer Trustee lot sales. The buyers have no clue what they are buying, what the roads are like, they are not looking at any disclosure forms, they are not going through a real estate agent, and they are not getting a title report. Then they sell the parcel to somebody who lives here and the buyer starts screaming. The fencing the property would save me a lot of heartache. Commissioner Judd stated you can t rely on the seller or the real estate agent so we are here to safe guard all of the parties. Commission Galyen asked, if we are requiring the developer to improve the road to his parcel to a 26 foot wide gravel standard, can the other parcels owners on that road be assessed for a portion of the improvement? Mr. Brown stated we could if the road was under a maintenance plan. If it was adjacent to ECR 742, yes, we could. But, this is a rural area that is underdeveloped. Looking at the county verses a metropolitan area, you have a road maintenance program in the county which encompasses over a 1,000 miles of dirt road and 40,000 miles of designated roads. The right-of-ways are there but the maps were created on paper. There may or may not have been an actual road developed. It may have been pioneered. But at some point in time it has to come to some standard. If the subdivisions were created today the roads would be there. They would be required to develop a 26 foot wide paved road. As far as easements, we will have 40 feet on the property side and 30 feet on the section side which is on the east side, north side and the west sides. He is offering 40 feet which he necessarily doesn t have to do. It could be 30 feet. We will need to acquire one portion on Quartzite Drive, on the south side of the section line for 30 feet which is owned by BLM at this point. We can assist the developer with that. The development of these roads will improve the value of other parcels. Now, the development criteria of the 1960's is not that of today. I can t change what has already happened, I can only go forward with the building criteria in place today. The builder stated he should have to build only ½ of the road. The problem with that is the builder is the one who is creating all of the impact in the area. The requirement for the improvement of the entire width of the roads would make no sense if there isn t a requirement to provide the improvement of the access to the property. Commissioner Galyen asked who owned the.8 mile access to the developers property. Mr. Brown stated it is a public right-of-way attached to Twin River Ranchos Unit 3 and the southerly portion we would have to apply for belongs to BLM. Chairman Hough stated that ultimately that the buyers of the

22 proposed parcels will absorb those costs. Mr. Brown stated that our decision here can be appealed to the Elko County Commission. Commissioner Grisham stated that what we are doing today is not meant to be punitive on the developer. It helps the developer because it will head off a lot of problems in the future in reference to parcel owners disrupting potential buyers telling them of problems with the division. This is conducted for general good of the public. Chairman Hough asked for additional comments and/or a motion. MOTION: VOTE: Commissioner Galyen moved to approve Application # , Tentative map of DLLP for Monjaras with staff s recommendations excluding the cattle guard requirements at strategic points. Commissioner Grisham made a second to the motion. The motion carried. AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...None The appeal process was read to the public by Chairman Hough. # , T.G. Power LLC, - A public hearing concerning a request for an extension of six months to begin construction and development in reference to the conditional use for a geothermal power plant in a General Industrial zoning district on the following described property as per Elko County Code 4-2-1, B4; NE 1/4 NW 1/4 SE 1/4 and SE 1/4 NE 1/4 NE 1/4 of Section 8, T. 41 N., R. 52 E. M.D.B.& M. Theowner is Ellison Ranching Co.

23 The applicant is T.G. Power LLC. Chairman Hough abstained as he was involved with this project and handed the gavel to Vice Chairman Galyen. Randy stated that this was a six month extension request and read the following letter into the record regarding conditional use permit PCR07-20, T.G. Power LLC: Mr. John Kingwell Elko County Community Development Planning & Zoning Department 155 So. 9 th, Street Elko, Nevada RE: Conditional Use Permit No. PCR T G Power LLC Hot Sulphur Springs Geothermal Power Plant Dear Mr. Kingwell: On behalf of I G Power LLC, JBR Environmental Consultants, Inc. requests a six-month extension of Conditional Use Permit PCR This Conditional Use Permit is for ten acres located in the NE 1/4 NW 1/4 SE1/4 and SE1/4 SW 1/4 NE1/4 of Section 8, Township 41 North, Range 52 East, which is known as the Spanish Ranch. The commencement of construction of the approved property for a Geothermal Electricity Generation Plant has been temporarily delayed from the second quarter of Should you have any questions or require additional data, please contact the undersigned at (775) Sincerely, JBR Environmental Consultants, Inc. Terri Tharp, P.G., C.E.M. Project Manager Cc: Dennis Corn I G Power LLC Martin A. Buckley T G Power LLC

24 Vice Chairman Galyen asked for questions to staff. There were none. Are there any in the audience that wish to speak. There were none. ViceChairmanGalyenasked for questions from the commissioners and/or a motion. MOTION: Commissioner Grisham moved to approve a 6 month extension on the conditional use Application # , fort.g.powerlc.commissioner Hartley made a second to the motion. The motion carried. VOTE: AYE:...Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...David Hough, Chairman Vice Chairman Galyen handed the gavel to Chairman Hough. # , Spirit Minerals, LP - (A hearing continued from Jan 17 th, February 21 st, March 20, 2008) A public hearing concerning a request for a conditional use for RV parking and camping in an Open Space zoning district on the following described property as per Elko County Code 4-2-1, B7; M.D.B.& M. A Portion of Section 15, Township 42 North, Range 62 East, The owner is Steven Boies.

25 The applicant is Spirit Minerals, LP. Chairman Hough stated he would abstain as he is involved with this applicant and parcel. He handed the gavel to Vice Chairman Galyen. Mr. Brown stated we still have not received a response from NDEP and the NV Health Dept. I would like to see this application tabled until further notice from the applicant and we will re-notice everyone that was previously noticed. It has been a long time and I feel we need to re notice this hearing. Vice Chairman Galyen asked for comments from the commissioners. There were none. Vice Chairman Galyen asked for a motion. MOTION: VOTE: Commissioner Judd moved to table Application # for Spirit Minerals until further notice. Commissioner Hartley made a second to the motion. The motion carried. AYE:...Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...David Hough, Chairman # , Andrew C. & Shannon D. Knudsen, - (Continued from March 20, 2008 with a change in use application) A public hearing regarding an application for a change in zoning from Agricultural Residential to Light Industrial for mini storage units, and a residence on the following described property:

26 A acre Parcel of land located in Section 8, T.34 N., R.55 E., M.D.B.& M., Elko County, Nevada. Located on Mountain City Highway at Sundance Road in Elko County. Applicant and Owner is Andrew C. Knudsen & Shannon D. Knudsen. Mr. Brown stated the applicant is not sure what he wants to do with the property and has asked for this to be tabled until the May 15, 2008 public hearing. Chairman Hough asked for comments from the commissioners. Chairman Hough asked for a motion. :Commissioner Judd moved to table Application # for Andrew C. Knudsen & Shannon D. Knudsen until May public hearing. Commissioner Galyen made a second to the motion. The motion carried. MOTIONVOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley NAY:...None ABSENT:...Kristian Forland Jack Larson ABSTENTIONS:...None # , RLF Nevada Properties, LLC, - (Continued from March 20, 2008) A public hearing for the proposed Final Map of Division into Large Parcels, RLF Nevada Properties, LLC. Final Map of Division into Large Parcels, RLF Nevada Properties, LLC is located in Section 19, T.35 N., R. 55 E., M.D.B.& M. and is approximately 3 miles northwest of Elko, Nevada, along North 5 th