ELKO COUNTY PLANNING COMMISSION MEETING MINUTES

Transcription

1 ELKO COUNTY PLANNING COMMISSION MEETING MINUTES MEETING DATE: MAY 15, 2008 Members Present...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Dena Hartley Kristian Forland Jack D. Larason Absent...Milt Grisham Others Present...Randy Brown, Director Planning and Zoning Kristin McQueary, District Attorney s Office John Kingwell, Planning Coordinator Robert E. Morley, High Desert Engineering Ken Krater, Ruby Vista Ranch Robert Heil, Self Bill & Gayle Morrison, Self Charles Chester, Snow Bowl The regular meeting of the was called to order at 5:15 P.M. by Chairman Hough on May 15, 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 April 17, Commissioner Galyen reported corrections to grammar that needed to be made.

2 MOTION: Commissioner Hartley made a motion to approve the minutes of April 17, 2008 with corrections to grammar. Commissioner Larason made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Dena Hartley Kristian Forland Jack Larason NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...None III. COMMENTS BY THE GENERAL PUBLIC: Commissioner Hough wished John a happy birthday. IV. CONSENT AGENDA: None V. PRELIMINARY HEARINGS: # , Sharel C. & Carol A. Fertig - A preliminary hearing regarding an application for a change in zoning from Agricultural Residential to Light Industrial for contractor services. Mr. Brown stated that the application was in order, the fee has been paid and recommends this be remanded to a public hearing on June 19, Chairman Hough asked for questions from the commissioners and/or a motion.

3 MOTION: Commissioner Hartley moved to remand Application # , for Sharel C. & Carol A. Fertig to the public hearing on June 19, Commissioner Forland made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Dena Hartley Kristian Forland Jack Larson NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...None # , Raintree Construction - A preliminary hearing regarding an application for a change in zoning from Agricultural Residential to Residential -1. Mr. Brown stated that the application was in order, the fee has been paid and recommends this be remanded to a public hearing on June 19, Chairman Hough asked for questions from the commissioners and/or a motion. MOTION: Commissioner Galyen moved to remand Application # , for Raintree Construction to the public hearing on June 19, Commissioner Judd made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Dena Hartley Kristian Forland Jack Larson NAY:...None ABSENT:...Milt Grisham

4 ABSTENTIONS:...None Chairman Hough stated he would abstain as he was involved with this project and handed the gavel to Vice Chairman Galyen. # , Ruby View Estates - A preliminary hearing regarding an application for a change in zoning from Open Space and Commercial-1 to Residential 1-6,000 sf, Residential 1-8,000 sf, Residential 1-10,000 sf, Residential acre, Residential 2, Commercial 1- Group 1 and Light Industrial for the development of a mixed use master planned community to include residential villages of varying densities, commercial uses, parks and public facilities and light industrial uses withing an open space network. Mr. Brown stated that the application is in order, the fee has been paid and recommends this be remanded to a public hearing on June 19, The applicant is present. There were no questions to staff. Commissioner Hartley asked Ken Krater when he plans to break ground on this project. Mr. Krater stated they may have an opportunity to break ground as early as this fall. There is a builder in Reno who is interested in partnering with us to build it out. They are a world class developer. We will be having public meetings for the folks in the community on this project and I ll send out the schedule. Vice Chairman Galyen asked for questions from the commissioners and/or a motion. MOTION: Commissioner Judd moved to remand Application # , for Ruby View Estates, LLC to the public hearing on June 19, Commissioner Forland made a second to the motion. The motion carried. VOTE: AYE:...Dave Galyen, Vice Chairman Mike Judd Dena Hartley Kristian Forland Jack Larson NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...David Hough, Chairman

5 VI. PUBLIC HEARINGS: # , Andrew C. Knudsen & Shannon D. Knudsen - (Continued from March 20, 2008 with a change in use application, tabled April 17, 2008) A public hearing regarding an application for a change in zoning from Agricultural Residential to Light Industrial for mini storage units and a residence. Commissioner Larason stated he would abstain as he has done business with applicant in the past and probably will do more in the future. Mr. Brown stated the applicant has requested that this application be tabled until further notice. This may need a new application and be noticed again. Chairman Hough asked for questions from the commissioners and/or a motion. MOTION: Commissioner Hartley moved to table Application # , for Andrew C. Knudsen & Shannon D. Knudsen until further notice with the recommendation that a second application may be required. Commissioner Forland made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Dena Hartley Kristian Forland NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...Jack Larson # Kirk Hooper - Hooper/Cooper, LLC - A public hearing regarding an application for a change in zoning from Agricultural / Residential to General Industrial (M1). Mr. Brown stated this item is also requested to be tabled until further notice. The applicant may want to change the request in the original application in which a new application will be required. Chairman Hough asked for questions from the commissioners and/or a motion.

6 MOTION: Commissioner Galyen moved to table Application # , for Kirk Hooper - Hooper/Cooper, LLC indefinitely. Commissioner Forland made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Dena Hartley Kristian Forland Jack Larason NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...None # , Ronald W. Brown & Kristin Jamie Brown - A public hearing regarding an application for a change in zoning from Open Space to Special Lands. Commissioner Hartley stated she would abstain. Mr. Brown read the following staff report into the record; STAFF REPORT # ZONE CHANGE PLANNING COMMISSION MEETING DATE: May 15 th, APPLICATION:.For a change of zoning submitted by Ronald & Kristin Brown from Open Space to Special Lands to permit for subdivision to 10 acre parcels. 2. LOCATION:. Parcel 6, Division of Land into Large Parcels Map for KRL, File No Revised Parcel 6 as per Record of Survey / Boundary Line Adjustment located in Section 29, T. 34 N., R.56 E., M..D.B.& M..

7 PANO.:SESOR SRCEL 3. SUMMARY INFORMATION: AS006-31E-024 OWNER OF RECORD: Ronald & Kristin Brown PREVIOUS APPLICATIONS ON PROPERTY: Division of Land Into Large Parcels (Approved, File No ) (1986), Division of Land into Large Parcels (1985 Denied), Zone Change - Commercial (1981 Denied), Zone Change - Open Space to Agriculture -Residential 34 acres (Approved 1981), Zone Change - Open Space to Agriculture - Residential (Approved w/ contingencies 1978). Property has remained Open Space (March 17, 2005) as contingencies were not met. Division of Land Into Large Parcels (Approved June 16, 2005, File No July 18, 2005). SIZE OF PROPERTY: ACCESS: :MASTER PLAN: Parcel Acres State Route 227 (Lamoille Highway) to Spring Valley Parkway, Buffside Drive, Empress Drive, or Holiday Drive to Karval Drive, Wong Way, Kacie Court. Spring Creek Lamoille Master Plan COMMENTS: As attached 4. PROJECT DESCRIPTION AND IMPACTS: A. PROJECT DESCRIPTION: Parcel 6 is a acre parcel applicant proposes to rezone to Special Lands for potential subdivision of said Parcel 6 into four 10 plus acre parcels. The KRL Division of Land Into Large Parcels required the development of a 26' wide rural gravel standard. The proposed will not cause additional development

8 e, criteria. Currently the primary use in this area is moderate to low density residential. Adjacent to and east of the K.R.L. Division of Land into Large Parcels lies the Spring Creek Subdivision, Tracts 201 & 202 which is comprised of Agricultural Residential housing lots. To the west and adjacent to these parcels is Open Space zoned property. To the north and south, the adjacent properties are zoned Open Space. Domestic water will be provided by domestic wells. Sewage disposal will be by individual septic systems both of which are under State of Nevada jurisdiction. Currently access to these properties is by Spring Valley Parkway in Tract 202 of the Spring Creek Subdivision. Primary ingress / egress would be from BufsideDrivEmpresDrive,orKarvalDrive. There would be a potential increase of approximately 21 vehicle trips per day generated by an additional three (3) parcels. The effects of the additional traffic would have a direct impact on the Spring Creek roads. The affects of this additional traffic within the Spring Creek Association will be mitigated by the individual property developers within KRL Division of Land by agreement with the Spring Creek Association and is included within each property deed. This road maintenance fee agreement will be terminated once a secondary access road within KRL Division of Lands is established to SR 227. The impacts to the roads within this Division of Land into Large Parcels would be mitigated by the developer (KRL Partnership) until such time as a homeowners association is established at 30% build out. Additional impacts to local traffic patterns on State Route 227 are concerns that will be addressed during the parcel map phase by NDOT and are not a part of this zone change. B. EFFECT UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: The proposed zoning change will have minimal limited impacts or affects on the general health, safety and general welfare of the area. Increased traffic at the specific points of ingress / egress from SR 227, from within the Spring Creek Subdivision and the internal subdivision traffic will increase maintenance requirements to the road surfaces. There is also a potential for transient dust from the gravel surface roads. A fire break was created between the Spring Creek subdivision Track 201 and 202 and the KRL Division of Land into Large Parcels by the Nevada Division of Forestry. Individual property fire suppression will also be required at the time of development. Currently there are 28 parcels in this division. The proposed will increase that number

9 to 32 parcels. Total build out would allow for 72 parcels. Other potential negative impacts could be on existing water resources with the development of domestic water wells and impacts on ground water caused by individual septic systems. Maintenance of public right-of-ways within the Spring Creek Subdivision is also a concern. The affects of the increased traffic will be mitigated by agreement with the Spring Creek Association and are included within the property deeds. This road maintenance fee agreement will be terminated once a secondary access road within KRL Division of Lands is established to SR CONSISTENCY WITH EXISTING ZONING AND MASTER PLAN: A. COMPATIBILITY OF PROPOSED ZONING WITH EXISTING ZONING AND DEVELOPED USAGE IN THE AREA: The surrounding properties to the north, south, and west are open Space zoned parcels. East of the K.R.L. Partnership Division of Land into Large Parcels is the Spring Creek Subdivision, Tracts 201 & 202, which are made up of Agricultural Residential lots. B. CONFORMS WITH THE EXISTING MASTER PLAN OF THE AREA: The proposed is designated Agriculture -Residential and Residential 1 by the Spring Creek Lamoille Master Plan, Phase I, Maridek revision. The proposed Special Lands is of less density than the designation. Therefore the proposed is considered to be in conformance with the Spring Creek / Lamoille Master Plan. 6. STAFF COMMENTS: A. The Spring Creek / Lamoille Master Plan designates this specific parcel as Agriculture-Residential with a minimum parcel size of 1 acre. The proposed zoning change to Special Lands with a 10 acre minimum is considered to be in conformance with the Spring Creek Lamoille Master Plan, Phase I.. B. The primary use in this area is moderate to low density residential, with ancillary agriculture uses. C. The effects of the additional traffic will be approximately 21 vehicle trips per day and would have a minimal direct impact on the public right-of ways within the Spring Creek Subdivision. The affects of the increased traffic would be mitigated by agreement with the Spring Creek Association as addressed in the individual deeds. This road maintenance fee agreement will be terminated once a secondary access road within KRL

10 Division of Lands is established to SR 227. D. The impacts to the roads within this Division of Land into Large Parcels would be mitigated by the developer (KRL Partnership) until such time as a homeowners association is established at 30% build out. E. Additional impacts to local traffic patterns on State Route 227 are concerns that will be addressed during the parcel map phase by NDOT and are not a part of this zone change. F. Domestic water will be provided by individual domestic wells. Sewage disposal will be by individual septic systems. Both under State of Nevada jurisdiction. G. 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 N.R.S. and Elko County Code development criteria that pertains to the proposed residential development. B. At time of any development, the owner / developer shall: 1) Pay a yearly road maintenance fee assessed by the Spring Creek Association, equal to the road maintenance fee each Spring Creek Association lot owner pays until such time an access is developed within

11 KRL Division of Lands to SR 227. C. At time of development or subdivision, the developer shall comply with all Nevada Department of Transportation improvement requirements as they pertain to State Route (SR 227) or any lands located within NDOT right of ways. D. At time of any development, developer shall comply with all Federal, State, and Local building and development requirements. E. At the time of development, developer will enter into negotiations with the Nevada Division of Forestry for fire suppression requirements. F. 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 and future residential development. Basis for recommendation: 1) The proposed zone is in conformity with the area master plan as the proposed zone change is designated as Agriculture - Residential with a one acre minimum parcel size within the Spring Creek / Lamoille Master Plan, Phase I. Special Lands is a minimum parcel size of 10 acres with primarily the same uses. 2) The proposed zone change and proposed 3 additional parcels of 10 acres will have a limited impact on the general health, safety and welfare of the area. 3) The Spring Creek Association and K.R.L. Partnership have a mutual mitigation plan in place to offset road repair costs to the public access roads within the Spring Creek Subdivision. This is specifically spelled out in the property deeds. 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. Report Prepared by: Scott R. (Randy) Brown, P.L.S. Director Planning & Zoning K:\P&Z - Planning Commission Records\DOCS, MINUTES\2008 YEAR\ ECPC Minutes.wpd

12 Chairman Hough asked for questions to staff. Commissioner Galyen stated that the letter received from Spring Creek states they have agreed to restriction language but it hasn t been signed. Do you Mr. Brown hold your approval until this has been signed? Mr. Brown stated that can be a recommendation in the motion if you desire it. How does this change from 3 parcels to one parcel affect the vehicle trips. Mr. Brown stated it dropped about seven vehicle trips per day off. Commissioner Hartley stated based on her relationship with the Spring Creek Board she will have to abstain. Commissioner Hough asked for comments from the public. Robert Morley representing High Desert Engineering stated the sole purpose of this zoning change is to create two parcels. The reason for the two parcels being created is because the property is in the process of being sold to a partnership and each of the two owners want to take title to twenty three (23) acres and seventeen (17) acres individually. There have been other zoning changes that this board has approved on lots that are very near here and those parcels were subdivided to ten (10) acre parcels. KRL has an agreement with the Spring Creek Association. The deed to Mr. Brown and his daughter includes the deed restriction for them to pay the road maintenance fee portion of the Spring Creek Association dues. Any deeds transferred to other owners would be required to have that same language. Commissioner Hartley stated that the access is Spring Valley Parkway. Chairman Hough closed the public comment period and asked for further questions from the commissioners and/or a motion. MOTION: Commissioner Galyen moved to approve Application # , for Ronald W. Brown & Kristin Jamie Brown, a change in zoning from Open Space to Special Lands with staff s recommendations. Commissioner Forland made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Kristian Forland Jack Larason NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...Dena Hartley

13 0-00May15th, # , Pacific Western Systems - A public hearing regarding an application for a change in zoning from General Industrial to Special Lands for the development of residential parcels. Mr. Brown read the following staff report into the record; STAFFREPORT#08-20ZONECHANGGEPLANNINGCOMISSIONMEETINDATE:7.For a change of zoning submitted by Pacific Western Systems, LLC from General Industrial ( 1) to Special Lands. The change of zoning is to permit for the subdivision of an existing acre parcel to 10 acre minimum parcels. APPLICATION:2. LOCATION:. Lot 15 of Division of Land for Area West, filed in the Office of the Elko County Recorder as file no SUMMARY INFORMATION: ASSESSOR S PARCEL NO.: C-015 OWNER(S) OF RECORD: Pacific Western Systems, LLC PREVIOUS APPLICATIONS ON PROPERTY: None SIZE OF PROPERTY: acres ACCESS: Corral Lane MASTER PLAN: Spring Creek Lamoille Master Plan COMMENTS: As attached. 4. PROJECT IMPACTS: A. EFFECT UPON THE EXISTING LAND USE PATTERN IN THE AREA: The proposed will

14 have minimal effects upon the land use pattern of the area due to the established Special Lands residential uses of the area. The Spring Creek Master Plan Designates most of Area West as Special Lands. The applicants intentions is to subdivide the acre parcel into seven 10 acre plus parcels. The creation of an additional 6 parcels will potentially create an additional 42 vehicle trips per day on Corral Lane. However, the existing General Industrial Zone permits the subdivision of this specific parcel into 20,000 sf lots with all permitted uses of General Industrial Zone. The proposed is considered a down zone from the General Industrial uses to Residential and ancillary agriculture uses. Other impacts are the additional parcels will utilize individual septic systems and domestic water wells. The additional parcels will potentially require the demand of 2 acre feet per parcel. B. EFFECT UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: The proposed will have minimal impacts on the health, safety or welfare of the public. The proposed will generate more traffic flows to Corral Lane (County Maintained Road) than currently exist. However, should the property be developed for industrial uses the traffic flow impacts as well as other health and safety issues would be more severe and unpredictable than the proposed residential use. The proposed will not change or effect the current uses or land use patterns of the area. The proposed will provide needed residential development. 5. CONSISTENCY WITH EXISTING ZONING AND MASTER PLAN: A. COMPATIBILITY OF PROPOSED ZONING WITH EXISTING ZONING AND DEVELOPED USAGE IN THE AREA: Most all of the Area West Division of Land is currently Open Space zoning with a Special Lands Designation to permit future subdivision to 10 acre parcels. This specific parcel does not have a future designation as it is currently zoned General Industrial. B. CONFORMS WITH THE EXISTING MASTER PLAN OF THE AREA: This parcel is within the boundaries of Phase I of the Spring Creek Lamoille Master Plan. This specific parcel within Area West offers no future designation. However, most all parcels in the Area West Division of land are designated Special Lands. Therefore, the proposed is considered to be in conformance with the Master Plan. 6. STAFF COMMENTS: A. Most all of the Area West Division of Land is currently Open Space zoning with a Special Lands Designation to permit future subdivision to 10 acre parcels. The current zoning would permit industrial uses with a minimum parcel size of 20,000 sf.

15 STAFFRECOMENDATIONS,FINDINGSANDCONDITIONS: B. The creation of an additional 6 parcels will potentially create an additional 42 vehicle trips per day on Corral Lane. The additional parcels will utilize individual septic systems and domestic water wells. The additional parcels may require the demand of 2 acre feet per parcel create. C. This specific parcel within Area West offers no future designation. However, most all parcels in the Area West Division of Land are designated Special Lands. Therefore, the proposed is considered to be in conformance with the Master Plan. D. The proposed will have minimal impacts the health, safety or welfare of the public. The proposed will generate more traffic flows to Corral Lane (County Maintained Road) than currently exist. Should the property be developed for industrial uses the traffic flow impacts as well as other health and safety issues would be more severe than the proposed residential use. Prior to the completion of this report comments may or may not have been received from the following: 11) Elko County Sheriff s Office (no comment) 7.1) 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) 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. B. Developer shall comply with Elko County Code ECC 4-2-2C criteria that pertains to minimum average lot width of 500' and a minimum area of 10 acres for the per proposed Special Lands parcel.

16 K:\P&Z-PlanningComissionRecords\DOCS,MINUTES\2008YEAR\051508ECPCMinutes.wpd 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 the proposed development. E. At time of any development, developer shall comply with all Federal, State, and Local building and development requirements. Basis for recommendation: 1) Parcels within Area West are designated as Special Lands. The proposed is considered to be in conformance with the Master Plan. 2) The proposed will have minimal impacts the health, safety or welfare of the public. 3) The proposed is considered to be in conformance with existing land use and development patterns of the area and is less obtrusive to the vicinity than the current General Industrial zoning. Report prepared by: Scott R. (Randy) Brown, P.L.S. Director Planning & Zoning Commissioner Galyen asked Mr. Brown about NDOT requirements at Corral Lane and SR 227. Mr. Brown stated it is a permitted access. Currently there is a proposal to realign Corral Lane. Commissioner Galyen asked the location of the applicant s parcel. Mr. Brown stated it on the south entrance directly adjacent to Spring Creek. This is a parcel that was grand fathered as General Industrial. It was a gravel pit. The Special Lands zoning is more beneficial as this is a residential area. Chairman Hough asked for public comment. Robert Morley stated that he wanted to correct Mr. Brown s staff report in one respect in that because of the minimum requirement of an average of five hundred feet (500') width for each parcel, there will be only five (5) parcels total. Because of the proximity of residential parcels and use in the area we feel the parcel is better served as residential than General Industrial. Chairman Hough closed te public comment period asked for questions from the commissioners and/or a motion. MOTION: Commissioner Hartley moved to approve Application # for Pacific Western Systems for a change in zoning from General Industrial to Special Lands

17 0-00May15th, with staff s recommendations. Commissioner Galyen made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Dena Hartley Kristian Forland Jack Larason NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...None # , Vatos, LLC - A public hearing regarding an application for a change in zoning from Open Space to Special Lands for one 10 acre residential parcel: Commissioner Hartley abstained from this hearing because she sits on the Board of Directors for Spring Creek. Commissioner Larason abstained because he is the applicants neighbor. Mr. Brown read the following staff report into the record; STAFFREPORT#08-20ZONECHANGGEPLANNINGCOMISSIONMEETINDATE:8N:. For a change of zoning submitted by Vatos, LLC from Open Space (OS) to Special Lands. The change of zoning request is to permit for the subdivision of one 10 acre parcel from the existing 240 acre parcel. APPLICATIO2. LOCATION: A portion of the NE 1/4 NE 1/4 of Section 22, T. 33 N., R. 57 E., M.D.B.& M. 3. SUMMARY INFORMATION: ASPANO.:SESOR SRCEL

18 OWNER(S) OF RECORD: Vatos, LLC I PREVIOUS APPLICATIONS ON PROPERTY: None SZEOFPROPERTY:10.00 acres ACCESS: Ashburn Drive MASTER PLAN: Spring Creek / Lamoille Master Plan COMMENTS: As attached 4.PROJECTIMPACTS:A.EFFECTUPONTHEEXISTINGLANDUSEPATTERNINTHEAREA:Theproposedwillhaveminimaleffectsuponthelandusepatternoftheareaduetotheestablishedagriculturalandresidentialusesofthearea.PhaseIIIoftheSpringCreekMasterPlandesignatesthisspecificareaasAR-CRD1 with a 2.5 acre minimum. The applicants intentions is to subdivide one 10 acre from the existing 240 acre parcel. The creation of one additional parcel will potentially create an additional 5 vehicle trips per day on Ashburn Drive, a public right of way. The additional parcel will utilize an individual septic system and a domestic water well for development of a single family dwelling. The additional parcel will require the demand of 2 acre feet of water for the one new parcel created. At this time due to the proposed subdivision method by Parcel Map the proposed development will not require the conveyance of water rights to the State of Nevada for each parcel that is created. During the public comment period of a proposed Parcel Map the State Division of Water Resources may provide comment and/or requirements for the development of the proposed.. The Health Department may require water service from Spring Creek Utilities due to the close proximity of water mains to the proposed parcel. This is to be determined by the Health Department upon review of the Parcel Map. B. EFFECT UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: The proposed will have minimal impacts on the health, safety or welfare of the public. The proposed will potentially generate 5 more vehicle trips per day to Ashburn Drive. The proposed will not change or effect the current uses or land use patterns of the area other than increased traffic flow. The proposed will provide needed residential development. 5. CONSISTENCY WITH EXISTING ZONING AND MASTER PLAN: A. COMPATIBILITY OF PROPOSED ZONING WITH EXISTING ZONING AND DEVELOPED USAGE IN THE AREA: The proposed property is currently Open Space zoned

19 with an AR-CRD 1 designation to permit future subdivision into 2.5 acre parcels. The abutting portion of the Spring Creek Subdivision is zoned Agriculture-Residential. The adjacent Spring Creek lots range in size from approximately 2 acres to 7 acres. This would suggest that the proposed does conform with the existing zoning and developed usage of the area. B. CONFORMS WITH THE EXISTING MASTER PLAN OF THE AREA: This proposed is within the boundaries of Phase III of the Spring Creek Lamoille Master Plan. This specific parcel is designated as AR-CRD 1 with a minimum of 2.5 acre parcels. Therefore, the proposed Special Lands with a 10 acre minimum is considered to be in conformance with the Master Plan. Property directly adjacent to the south is currently designated as AR-CRD 1 within the Master Plan which permits parcels of 2.5 acre to 5.0 acres 6. STAFF COMMENTS: A. The proposed is currently zoned Open Space with a Master Plan designation of AR-CRD 1 to permit future subdivision to 2.5 acre parcels. The proposed Special Lands parcel with a minimum parcel size of 10 acres is considered to share primarily the same uses as those in the Agriculture - Residential zoning district. B. The creation of one additional parcel will potentially create an additional 5 vehicle trips per day on Ashburn Drive, a public right of way. The development of the additional parcel will utilize an individual septic system and a domestic water well. The additional parcel will require the demand of 2 acre feet of water. C. This specific area is designated as AR-CRD 1 with a minimum parcel size of 2.5 acres. The proposed is Special Lands with a minimum parcel size of 10 acres. Therefore the proposed is considered to be in conformance with the Master Plan. D. The applicant has been in contact with the Spring Creek Association and has signed an agreement for road maintenance dues as per the attached letter from Pam Borda, President and General Manager Spring Creek Association. E. 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)

20 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. B. Developer shall comply with Elko County Code ECC 4-2-2C, minimum average lot width of 500' and a minimum area of 10 acres for the Special Lands parcel and development criteria that pertains to road and infrastructure development as per Title 5 of the Elko County Code. 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 the proposed development. E. At time of any development, developer shall comply with all Federal, State, and Local building and development requirements. Basis for recommendation: 1) This specific area is designated as AR-CRD 1 with a minimum parcel size of 2.5 acres. The proposed is Special Lands with a minimum parcel size of 10 acres. Therefore the proposed is considered to be in conformance with the Master Plan. 2) The proposed is currently zoned Open Space with a Master Plan designation of AR-CRD 1 to permit future subdivision to 2.5 acre parcels. The proposed Special Lands parcel with a minimum parcel size of 10 acres is considered to share primarily the same uses as those in the Agriculture - Residential zoning district.

21 AR\051508ECPCMinutes.wpd 3) The proposed will have minimal impacts the health, safety or welfare of the public. Report prepared by: Scott R. (Randy) Brown, P.L.S. Director Planning & Zoning K:\P&Z-PlanningComissionRecords\DOCS,MINUTES\2008YEChairman Hough asked for questions to staff. There were none. Chairman Hough opened the floor to public comment. Robert Morley representing High Desert Engineering asked the board if they understood the zoning being asked for was for the one specific 10 acre parcel being created? The remainder 228 acres owned by Vatos LLC will remain Open Space. Chairman Hough asked for questions from the commissioners and/or a motion. MOTION: Commissioner Galyen moved to approve Application # , for Vatos, LLC for a change in zoning from Open Space to Special Lands with staff s recommendations. Commissioner Forland made a second to the motion. The motion carried. VOTE: AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Kristian Forland NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...Dena Hartley Jack Larason # , Mark Dean - A public hearing for a vacation of a portion of Yarrow Street in Meadow Valley Ranchos Unit No. 5 subdivision. Mr. Brown read the following staff report into the record; STAFF REPORT # STREET / ROADWAY OR OTHER RIGHT OF WAY VACATION

22 SUMARYINFORMATION: PLANNING COMMISSION MEETING DATE: May 15 th, APPLICATION: A street right of way vacation application submitted by Mark Dean for vacation of a portion of Yarrow Street in Meadow Valley Ranchos Unit No. 5 subdivision. 2. LOCATION: Adjacent to Lots 1 and 2 of Block 2 Meadow Valley Ranchos, Unit No. 5 filed in the Office of the Elko County Recorder on February 7, 1963 as File No located in a portion of the NE 1/4 of Section 33, T. 36 N., R. 56 E., M.D.B.& M. 3.Assessors Parcel No. (s): & Previous applications: None Official Map Name and File Number: MVR No. 5 Type of Right of Way to be vacated Location of Vacation: Square Footage of Proposed Vacation: Access to Effected Parcels: Comments: Streets Right-of-Way North Boundary of Lots 1 & 2 Block 2 MVR No. 5 Yarrow St. - 18, sf. Cree Ave. / Cosmos St. Attached if applicable 4. STREET / ROADWAY OR OTHER RIGHT OF WAY INFORMATION: A. OFFICIAL MAP OR RECORD INFORMATION OF RIGHT OF WAY PROPOSED TO BE VACATED: The streets right of way is identified on the Official Plat of Meadow Valley Ranchos, Unit No. 5. The proposed right of way vacations is located as follows: That portion of Yarrow Street being a 30' right-of-way that lay on the northern boundary

23 of Lots 1 & 2 of Block 2 and the northerly section line of said Section 33. Yarrow Street is a 30' wide public right of way which abuts government lands on the North throughout it s entire ' foot length adjacent to said lots 1 & 2. Yarrow Street has not been developed and is not planned for development due to its location on an adjacent hill side and proximity to Kittridge Creek. It is inaccessible by standards means of transportation. If Yarrow Street were to be developed only a short portion of approximately 800' l.f. the street could be developed. B. RIGHT OF WAY PROPOSED TO BE VACATED IS PUBLICALLY OWNED IN THE NAME OF ELKO COUNTY: The portion of Yarrow Street has been offered and accepted by Elko County for Public use as per MVR Unit No. 5 Official Plat. 5. VACATION IMPACTS: A. IMPACTS FROM LOSS OF ACCESS TO ADJACENT PROPERTY OR OTHER PROPERTIES IN THE VICINITY: There are no foreseen negative impacts to the adjacent property owners or other property owners in the vicinity. Access to Lots 3 & 4 can and is currently being provided from Chinook Avenue to the west. B. PRESERVATION OF PROPERTY RIGHTS OF OTHER PROPERTIES IN THE SAME VICINITY: Vacation of Yarrow Street would have no foreseen negative impact to the property rights of adjacent owners or owners within the vicinity. The road is not developed at this time to Elko County standards. C. EXISTING ROAD WAY IMPROVEMENTS: Construction and improvement of this Road would not be beneficial due to its location in regards to federal lands and the limited access due to its proximity to Kittridge Creek and existing restrictive topography. 6. ADJACENT PROPERTIES: A. VACATION TO BE EFFECTIVE TO ALL ADJACENT PROPERTIES: This application has been filed by the owner of lots 1 & 2 of Block 2. Federal lands lay adjacent to the north boundary of this road. 7. N.R.S : Title to the street or easement reverts to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. The applicant has applied for vacation of Yarrow Street for the full length of Lots 1 & 2 of Block 2, MVR Unit No. 5. The applicant does own said full frontage, therefore as per NRS the applicant is entitled to the full 30' portion of the right of way.

24 STAFFRECOMENDATIONS,FINDINGSANDCONDITIONS:A) 8. STAFF COMMENTS: A) At the time of this report staff has not received any negative comments adverse to the abandonment of either of this specific right-of-way abandonment request. B) Due to the proximity of Kittridge Creek and restrictive topography, there are little or no implied negative impacts to other property owners within the vicinity. C) Yarrow Street has not been developed due to its proximity to Kittridge Creek and restrictive topography. D) Surveying and Legal Descriptions are to be the responsibility of the applicant. 11) Elko County Sheriff s Office (no comment) 9.E) Prior to the completion of this report comments 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) Based upon the above stated analysis and findings staff recommends Approval to vacate Yarrow Street along Lots 1 & 2 of Block 2 with the following conditions and requirements. 1) The applicant would be entitled to a strip of land 30 feet (30') wide being the entire width of Yarrow Street along the frontage of Lots 1 & 2 of Block 2 of MVR No. 5 as filed in the Office of the Elko County Recorder as File No ) Surveying and Legal Descriptions are to be the responsibility of the applicant.

25 K:\P&Z-PlanningComissionRecords\DOCS,MINUTES\2008YEAR\051508ECPCMinutes.wpd 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 apposed to the abandonment, staff may withdraw its recommendations. Report prepared by: Scott R. (Randy) Brown, P.L.S. Director Planning & Zoning Chairman Hough asked for questions from the commissioners. Commission Galyen asked if this would affect access to recreation users? Mr. Brown stated no. The land is bordered by BLM with roads going north and south. BLM gave a thirty foot (30') easement all around this subdivision with no regard to how the land and topography lay. This easement is steep from about 800 feet (800') in from the beginning. There is no benefit to keeping the road. Commission Galyen asked why the County can t sell it to the applicant? Ms. McQueary stated it is covered under NRS We require the applicant to do the survey and obtain the legal description. That costs the applicant. When they take ownership they are taxed annually for it. When and if this goes before te Count Commission, they will put a time limit on obtaining the legal description by the applicant. Chairman Hough asked for public comment. There was none. Chairman Hough asked for questions from the commissioners and/or a motion. MOTION: VOTE: Commissioner Larason moved to recommend to the Elko County Commissioners, approval of Application # , for Mark Dean, an abandonment of a portion of Yarrow St. In MVR Unit 5 adjacent to lots 1 & 2 of Block 2. Also, that the survey and legal description be forwarded to the District Attorney s Office within one (1) year. Commissioner Forland made a second to the motion. The motion carried. AYE:...David Hough, Chairman Dave Galyen, Vice Chairman Mike Judd Kristian Forland Dena Hartley Jack Larason

26 STAFFARECPOONRTDI#TI07NA-4L0US0E-001O NAY:...None ABSENT:...Milt Grisham ABSTENTIONS:...None Commissioner Hartley excused herself from the meeting. # , WWC License, LLC DBA Alltel Communications - A Conditional Use within Non Conforming Open Space Zoning on an existing communication tower for the 30' vertical extension of an existing tower and placement of a 12' x 24', 264 sf accessory building on the Grindstone Mountain parcel. Mr. Brown read the following staff report into the record; PLANNING COMMISSION MEETING DATE: May 15 th, APPLICATION: A request for a Conditional Use within Non Conforming Open Space Zoning on an existing communication tower submitted by WWC License, LLC DBA Alltel Communications with permission granted by the owner Elko Television District for the 30' vertical extension of an existing tower and placement of a 12' x 24', 264 sf. accessory building on the Grindstone Mountain parcel. 2. LOCATION: A portion of Section 33, T. 33 N., R. 54 E, M.D.B.& M.. 3. SUMMARY INFORMATION: ASSESSOR S PARCEL NO.: A-001 OWNER(S) OF RECORD: Elko Television District PREVIOUS APPLICATIONS ON PROPERTY: None SIZE OF PROPERTY: 0.82 acres ACCESS: Grindstone Mt. Tower Service Road MASTER PLAN: N/A

27 COMMENTS & INFORMATION: Attached if applicable 4. PROJECT IMPACTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: According to the applicant, the existing 60' four sided tower and site are sufficient in size and capacity to accommodate the proposed 30' vertical addition with modifications to the foundation and footings of the existing tower. The property is also sufficient in size to accommodate the placement of a 12' x 24' modular building for operations of the communication tower. There are several other towers in use on the specific parcel, the proposed will not negatively effect their continued use. The location of the site is completely remote and is not located in near proximity to residential uses. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: The roads are adequate to accommodate the proposed. There will be some traffic into the site on a daily basis during the construction phase of the project which will be approximately 4 weeks. Once construction is completed there will be no daily traffic, only monthly maintenance traffic into the area. The site will not be staffed. C. THE EFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: 1) There will be no foreseen negative impacts upon the health, safety and general welfare of the surrounding area. 2) There will be no drinking water or sanitary sewage facilities on site. 3) Limited vehicular traffic primarily during construction and once a month maintenance. 5. CONSISTENCY WITH EXISTING ZONING: Elko County Code (B) 4., list this as conditional use within Open Space (OS) zoning and has granted previous conditional uses of the same sort within the (OS) zoning district. 6. STAFF COMMENTS: A) According to the applicant, the existing 60' four sided tower and site are sufficient in size and capacity to accommodate the proposed 30' vertical addition with modifications

28 to the foundation and footings of the existing tower. The property is also sufficient in size to accommodate the placement of a 12'x 24' modular building for operations of the communication tower B) : The roads are adequate to accommodate the proposed. There will be some traffic into the site on a daily basis during the construction phase of the project which will be approximately 4 weeks. Once construction is completed there will be no daily traffic, only monthly maintenance traffic into the area. The site will not be staffed. C) There will be no foreseen impacts upon the health, safety and general welfare of the surrounding area. D) Elko County Code (B) 4 list this as conditional use within Open Space (OS) zoning and has granted previous conditional uses of the same sort within the (OS) zoning district. E) Prior to the completion of this report comments 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) 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above findings, staff recommends APPROVAL of this application, subject to the following conditions: A. All necessary permits shall be obtained prior to improvements being made on the site. B. At time of any development, the developer shall comply with all applicable provisions of N.R.S., Elko County Code and the applicable Building Code for the development criteria that pertains to the proposed development. C. Applicant will provide documentation showing that all requirements of the

29 Basis Federal Aviation Administration will be met in reference to this structure. ( if applicable ) D. At time of any development, applicant shall comply with all Federal, State, and Local building and development requirements. E. At a time when the communications towers as part of this application are no longer in use, viable for use or necessary for business of the applicant or any future owner the tower is to be removed from the tower at the owners expense. forrecomendation:1) The location of the site is completely remote and is not located in near proximity to residential uses. It is an addition to an existing use and an existing tower. 2) There will be no foreseen impacts upon the health, safety and general welfare of the surrounding area. Report prepared by: Scott R. Brown, P.L.S. Director Planning & Zoning K:\P&Z - Planning Commission Records\DOCS, MINUTES\2008 YEAR\ ECPC Minutes.wpd Chairman Hough asked for questions from staff. Commissioner Galyen asked about engineering for the structure.. Mr. Brown stated that is submitted to the building department for review and permit issuance. Chairman Hough opened te floor to public comment. There were no public comments. Chairman Hough asked for comments from the commissioners and/or a motion. MOTION: Commissioner Judd moved to approve Application # , a conditional use for WWC License, LLC DBA Alltel Communications for a 30' extension to an existing telecommunications tower and the placement of a 12'x 24' modular building, with staff s recommendations and conditions. Commissioner Galyen made a second to the motion. The motion carried.