ELKO COUNTY PLANNING COMMISSION SPECIAL MEETING MINUTES

Transcription

1 ELKO COUNTY PLANNING COMMISSION SPECIAL MEETING MINUTES MEETING DATE: Members Present...Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley Kristian Forland Jack D. Larason Absent...David Hough, Chairman Others Present...Randy Brown, Director Planning and Zoning Kristin McQueary, District Attorney s Office John Kingwell, Planning Coordinator Kenneth Krater, Applicant Melissa Lindell, Wood Rogers Teresa Murphy Rodney and Kaye Harris Lori Laws Cheryl Smith The special meeting of the was called to order at 5:15 P.M. by Vice Chairman Galyen on in room 105 of the Elko County Courthouse, Elko, Nevada. I. PLEDGE OF ALLEGIANCE: Allegiance Pledged. II. APPROVAL OF MINUTES: None. Page 1 of 31

2 III. COMMENTS BY THE GENERAL PUBLIC: None IV. CONSENT AGENDA: None V. PRELIMINARY HEARINGS: None. VI. PUBLIC HEARINGS: # , Ruby View Estates, LLC - A public 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 within an open space network on the following described property: (Minutes) A 1, acre parcel of land designated as the proposed project site for the Ruby Vista Ranch Subdivision located in the portions of Sections 2, 3, 4, 11, 13, 14, 15, 22, 23 & 24, T.33 N., R.56 E., M.D.B.&M., formerly known as the Big W Ranch located along State Route 227. Applicant and Owner is Ruby View Estates, LLC. Mr. Brown (Director of Planning and Zoning) read the following staff report into the record; STAFF REPORT # ZONE CHANGE PLANNING COMMISSION MEETING DATE: June 26 th, APPLICATION: For the change of zoning from Open Space (OS) Commercial 1 to Residential - 1 (R-1), Residential 2 (R-2), Commercial 1 Group 1 (C-1, G1) and Light Industrial (LI) submitted by Ruby View Estates, LLC for all permitted uses within the designated zones. Page 2 of 31

3 2. LOCATION: A 1, acre parcel of land located in the portions of Sections 2, 3, 4, 9, 10, 11, 13, 14,15, 22,23 & 24, T.33 N., R.56 E., M.D.B.&M., formerly known as the Big W Ranch. 3. SUMMARY INFORMATION ASSESSOR S PARCEL NO.: OWNER(S) OF RECORD: Ruby View Estates, LLC PREVIOUS APPLICATIONS ON PROPERTY: None SIZE OF PROPERTY: 1, acres ACCESS: State Highway 227 Direct Frontage MASTER PLAN: Spring Creek / Lamoille Master Plan COMMENTS & INFORMATION: Attached 4. PROJECT IMPACTS: A. PROJECT DESCRIPTION: The proposed is an application for multiple zones and uses within the specific area. The applicant has prepared a Master Plan Map that identifies the specific areas, parcel locations, parcel sizes and uses. The application is for the development of a multiple use planned unit development. The applicant has supplied legal descriptions for each specific zone change request. The multiple uses designated on the attached Master Plan map are as follows: 1) Residential 1-6,000 sf. - areas 12, 13, 14 & 15 2) Residential 1-8,000 sf. - areas 6, 7, 8 & 9 3) Residential 1-10,000 sf. - areas 2, 3, 4 & 5 4) Residential acres - area 1 5) Residential 2 - multiple family - areas10 & 11 6) Commercial 1, Group 1 - approximately 105 acres - areas 19 & 20 7) Light Industrial - approximately 16 acres - area 21 Page 3 of 31

4 Residential - 1: The application for Residential 1 zones, ranging from 6,000 sf. to 0.5 acres and are areas 1, 2, 3, 4, 5,6, 7, 8, 9,12,13,14 and 15. The total acreage of the areas are approximately acres. The acreage and dwelling units per zone is as follows: 1) R-1-6,000 sf acres 568 single family dwelling units 2) R-1-8,000 sf acres 1,006 single family dwelling units 3) R-1-10,000 sf acres 538 single family dwelling units 4) R acres acres 101 single family dwelling units Total acres 2,213 single family dwelling units Residential - 2: The application for Residential 2 are zones 10, 11 & 21. The total acreage of the areas are approximately acres. The acreage and dwelling units per zone is as follows: 1) R acres 1,124 dwelling units 2) R acres 655 dwelling units Total acres 1,779 dwelling units Total Acreage and Residential Dwelling Units R-1 & R2 = 1,049.1 acres - 3,992 dwelling units Commercial 1, Group 1: The Commercial zone identified as areas 19 and 20 on the Master Plan Map is planned to provide community based commercial infrastructure. The Commercial 1, Group 1 provides for retail sales and commercial services. The proposed area is approximately 105 acres and is sufficient to provide a specific area for commercial infrastructure within the proposed area and the Spring Creek Valley. Phase 1 is approximately 50 acres and is area 19 adjacent to SR 227 and across from the Spring Creek High School and Middle School. The application for C-1 Group 1 includes all permitted uses of Title 4 ranging from retail sales to commercial services. Page 4 of 31

5 The commercial area concept was discussed by the applicant and the Elko County School District. The applicant has stated that the School District was not objectionable to the concept. The Commercial area will provide water and sewer services to close proximity of the existing schools and may provide service at a time of need in the future. Light Industrial: The Light Industrial zone identified as area 21 on the Master Plan Map is planned to provide Community based Light Industrial infrastructure including retail sales and storage facilities. The proposed area is approximately 15.7 acres and is sufficient to provide a specific area for light industrial infrastructure within the proposed area. The proposed is adjacent to existing General Industrial and Light Industrially zoned property. Open Space: The application also provides areas of Open Space equaling approximately acres identified on the Master Plan map as areas 16 & 17. Much of area 16 is the Open Space area located along the existing channel of the Ten Mile Creek. Portions of the Ten Mile Creek may require some relocation. The Ten Mile Creek area does have a specific floodplain designated as an un-numbered A Zone. The floodplain will require mitigation during construction of the specific zones. As the zone is designated as an unnumbered A zone, minimum requirements are mandated by FEMA. However, any public improvements within the zone must be approved by the Public Entity accepting the improvement for public uses. Area 17 identified on the Master Plan Map as Open Space is a planned recreation area. The recreation area is planned for development of outdoor based recreation area including baseball / softball, football / soccer fields and potentially a indoor facility for use within the Spring Creek valley. Overall Development: The proposed units / zones will be developed on a individual basis. As each unit is developed all internal infrastructure will be constructed to Elko County standards as determined and required during the subdivision process as per Title 5 of the Elko County Code. Access is proposed to be provided from two primary points of ingress / egress by State Route 227 and developed internal major and minor collectors. Corral Lane will be eventually re-routed from its intersection with SR 227 to a point directly in front of the Spring Creek High School. Access to and from SR 227 is to be controlled by standards set forth by the Nevada Department of Transportation. The standards will be applied as the development grows with each phase. This includes intersection development with turning lanes, acceleration and deceleration lanes. Page 5 of 31

6 At some point during the development of the overall plan area, the need for traffic control devices will determined by the NDOT and will be required at the specific intersection(s). The second point of access will be provided at the Western Propane (County Gravel Pit access road) intersection with SR 227. A traffic control may also be required at this location. Other ancillary points of access may be provided from Licht Parkway, Springfield Parkway and Corral Lane in the form of minor collectors. All of the proposed units within the development area is to be provided water by Spring Creek Utilities through a water delivery system to be constructed by the developer. A copy of the Agreement For Water Service deed for 750 dwelling units dated November 28 th, 1997 has been provided by the applicant. Additional Water Rights and or service connections will be required for the remainder of the proposed. The majority of the proposed R-1 and R-2 will not accommodate the use of individual wells. State Statute requires that a parcel of land must be a minimum of 1/4 acre (septic or well). State Statute also requires that if a parcel of land is within 200' l.f. of a water connection and 300' of a public water service or sewer service the parcel must be connected to said service. The Water system will be phased and constructed as development occurs. The initial phase will include multiple family, single family and commercial uses in areas 10,11, 13 and 19 as shown on the zoning Master Plan. The water system infrastructure will be identified and designed prior to and during the subdivision action. The development will be provided sanitary sewer service and a local area package plant is to be constructed by the developer. The sanitary sewer facility is to be constructed and maintained on a portion of land located on the northern boundary. The sanitary sewer plant is to be developed on a phased basis. The initial phase will provide service for 300 multiple family units, 400 single family units and approximately 25 acres of commercial use. At build-out the facility will be capable of treating 975,000 gallons per day. Electricity is to be provided by Sierra Pacific Power. The proposed development will prompt the development of a planned electrical up-grade for the Spring Creek area. Telephone is available to the specific areas provided by Frontier Communications. Natural Gas service is not currently provided in the Spring Creek valley. Natural gas can only be provided by the several propane delivery gas companies of the area. B. EFFECT UPON THE EXISTING LAND USE PATTERN IN THE AREA: The current use is vacant Open Space. The proposed area has been historically operated as a family Ranching operation (Whear Ranch). The specific area has not been farmed for cash crops for approximately the last 20 years. The area has been primarily utilized for cattle grazing. Currently the land is being utilized for low to moderate cattle population grazing. Page 6 of 31

7 Adjacent areas of Spring Creek Subdivision located on the North and South boundaries of the proposed are single family residential under the Agriculture-Residential zones. The Area West Division of Land adjacent to the proposed on the west has parcels 40 acres in size. Parcels within the Area West Division of Land have recently been re-zoned to special lands for subdivision into 10 acre parcels. The Area West Division of Land is designated as Special Lands within the Spring Creek / Lamoille Master Plan. Small commercial / light industrial operations are present adjacent to the proposed on the south boundary. Primarily the land use patterns in the area are residential with ancillary commercial and industrial uses. The proposed will be a slight contrast in that the proposed promotes the use of smaller residential lots ranging from 6,000 sf. to 0.5 acres or more. The proposed will utilize a sewer and water delivery system versus individual septic systems and domestic wells. The use of smaller lots without the permitted use of ancillary agricultural uses including the keeping of horses, cattle or other farm animals along with the smaller landscape areas will limit the requirement for water associated with these uses. Currently the larger lots of more than an acre within the Spring Creek area are estimated to use on average 650 to 1,000 gallons per day. The smaller lots will be closely related to water consumption in the City of Elko at and average of approximately 400 to 600 gallons of water per day. Therefor the use of water and sewer delivery systems in conjunction with the smaller lots will promote conservation of water in the Dixie Creek / Ten Mile Basin. C. EFFECT UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: The potential effects upon the health, safety and welfare on the area are as follows: 1. Increase to static population. a) Proposed 3,992 dwelling units will increase static population. b) 2.7 persons per household = 10,778 c) Approximately 100% increase in population within the Spring Creek Valley. 2. Estimated potential increased traffic flows for the residential and commercial uses. a) 3,992 units (total build-out) = 19,960 vehicle trips per day. b) Commercial traffic flows are not easily determined due to un-known uses. 1) Most Commercial traffic flows would primarily be local to the Spring Creek Valley with minimal traffic from the Elko area being made. 2) Given the proposed area of Commercial development there is a potential of approximately 5,000 to 7,000 vehicle trip per day. c) Significant impacts to SR 227 may require the lowering of speed limits as wells as future widening of travel lanes. Page 7 of 31

8 d) The applicant has stated that maintenance of internal roads will be provided by a home owners association much the same as Spring Creek Association. Elko County will not be responsible for internal road maintenance or construction. 3. Estimated traffic flows at the two specific points of ingress / egress. a) Residential traffic 65% at the Spring Creek School area = 12,974 (Residential) b) Residential traffic 35% at the South End on SR 227 = 6,986 (Residential) c) Commercial traffic 85% at the Spring Creek School area = 4,250 to 5,950 d) Commercial traffic 15% at the South End on SR 227 = 750 to 1,050 e) All intersection development requirements and/or signalization is to be determined by NDOT at the specific time when warranted. 4. Potential Increase pedestrian traffic. a) The proposed will increase the pedestrian traffic to the specific points of interest of the commercial development and School Areas from the developed residential areas. Primarily most of the pedestrian traffic will flow from internal areas to the commercial and school areas. Some ancillary pedestrian traffic may form the adjacent Spring Creek and Area West developments. 5. Potential significant increase to public consumptive water usage. a) 2,213 single family dwelling 600 gpd = 1,487 afa b) 1, 779 multi family dwelling 300 gpd = 598 afa c) Total potential consumptive use at build-out = 2,085 afa 1) Comparison 1, acre parcels with individual 2 afa = 2,086 afa d) Commercial uses can not be readily estimated. Retail sales and service normally use less than residential uses. Retail food service will use an estimate 5 gallons per customer. e) Potentially offering local water delivery services to the Spring Creek School facilities. 6. Potential significant increase to public sanitary sewer facility. a) The proposed is a 975,000 gpd sanitary sewer treatment facility. b) A family of 2.7 person will generate an estimated 175 gpd of waste water. This will generate an estimated residential potential 698,600 gpd. c) Commercial uses can not be readily estimated. Retail sales and service normally use less than residential uses. Retail food service will use an estimate 2.5 gallons per customer. d) Potentially offering local sanitary sewer services to the Spring Creek School facilities. Page 8 of 31

9 7. Potential significant increase to public solid waste disposal. a) The generation of additional solid waste will potentially require the development of a vicinity land fill or increased production of existing facilities. 8. Emergency Services; Fire Suppression, Law Enforcement & Ambulance Services. a) Population increase will cause extended need for emergency services. 1) Applicant will offer a site location for additional emergency services as identified. 2) Phasing to require construction of facility. a) Staff would encourage the developer to create a self imposed impact fee on each dwelling unit to eventually fund staff and construction of fire station / law enforcement / ambulance service sub station. 9. School District Education; Need for additional education facilities. a) Population increase will cause extended need for education facilities. 1) Applicant will offer an 18 acre site for the location an additional school site as identified. 2) Phasing will determine the need to require construction of an additional school facility. 10. Loss of Agricultural Lands. a) The majority of the proposed is currently utilized as grazing lands for cattle. b) Historically cash crops have not been produced on the specific property. 11. Increase to local tax base returning recreation funds back to the community. a) Currently the majority of the property is assessed as Agricultural. b) Changing the use to residential and commercial will increase the land use tax for the developed areas of the property. c) Population increase will develop extended gas tax funds for road maintenance and construction. 12. There are minimal foreseen significant negative impacts to wildlife due to the proximity to SR 227 and other developed area in the direct vicinity. 13. Environmental impacts: a) Potential increase in noise, dust and fumes. Page 9 of 31

10 1) The increase will primarily be during construction phases of the project. All efforts and requirements will be enforced by state and local agencies the minimize the effects and impacts. b) Re-alignments of existing natural drainage: 1) A portion of Ten-Mile Creek will be re-aligned. The realignment will be monitored and permitted by all federal, state and local agencies and will require permitting and design. c) Storm Water / Snow Melt drainage: 1) The increase and development of graded lots and street sections with curb, gutter, sidewalk and asphalt road section will change and increase drainage. The project will potentially require a storm drain system to drain waters back to the Ten-Mile Creek. A filtration system may be required to ensure waters draining into the Ten-Mile Creek are not contaminated to un-acceptable levels. The DWR, NDEP, Health Department and Local agencies will require final design and permitting. d) Sewer Treatment Plant: 1) The Sewer Treatment Plant is to be designed to treat the influent in such a manner that will not impact the ground water source as does individual septic systems. The effluent from the treatment plant can be used as treated effluent for irrigation waters. 2) Sewer odors will be present to the immediate area the developer has designed the system to minimize the odors as much as possible. 3) Hazardous material will be used at the sewer treatment plant. An on site spill containment system implemented that will keep the spill from leaving the site. e) View Shed: 1) The proposed will impact the current view shed of the property. The proposed development will create residential, commercial and industrial use. The proposed will change the current view shed but is intended to be constructed with architectural standards and requirements to develop an aesthetically pleasing development. 2) The mean sea level elevation of most of the project should not impact adjacent property views of the Elko and Ruby Mountains. 3) Overhead street lights will be utilized for safety and security at various points along specific residential streets, commercial areas and at the sewer treatment plant. The developer will utilize current technology to help ensure that the lighting systems will not be obtrusive. Page 10 of 31

11 f) Other un-identified environmental concerns: Other concerns and issues will be addressed during the subdivision and/or construction phase of the project by the governing agency as required. 14. Economic Impacts: a) Potential population increases will develop a commercial base for larger commercial and recreation developments in the Spring Creek Valley. 1) Increase in sustainable job and career base in the Spring Creek Valley helping to created a diverse economic base not only for the specific area but for the entire county. 2) Potential population increases will increase the amount of recreational potentials for the areas including but not limited to the South Fork Reservoir, Ruby Mountains, Lamoille and other areas currently utilized by local residents. 3) Commercial development will potentially establish the Spring Creek Valley as a final commercial / recreation destination status. b) Potential initial and sustained development over the next 20 to 30 years for contractors and developers. 1) Creation of construction based jobs. c) Tax base increases: 1) Currently the Ranch is agriculturally deferred for taxes. 2) The commercial and residential base will increase revenues for public works projects and road maintenance issues. D. PROPOSED USES / TYPES OF BUSINESSES / PROPOSED STRUCTURES: The proposed is a multi use application offering primarily Residential, Commercial and Light Industrial Uses as follows: 1. Residential 1 (A) Permitted Uses, R1 Districts: The following principal uses are permitted in an R1 District: 1. One one -family dwelling on a lot or one two-family dwelling on a lot 2. Garden, orchard, field crop; where no building is involved. (B) Single Family Residential Structures 1) All single family residential structures are to be site built with a common architectural theme to be established by the developer. a) Conservation construction is to be applied. 2) All single family residential landscapes are to be conservation minded with minimum water consumption plants and designs to be utilized. Page 11 of 31

12 2. Residential 2 (A) Permitted Uses: The following principal uses are permitted in an R2 district: 1. One-family dwelling, two-family dwelling. 2. Multiple dwelling. 3. Garden, orchard, field crop; where no building is involved. B) Multiple Family Residential Structures: 1) All multiple family residential structures are to be site built with a common architectural theme to be established by the developer. a) Conservation construction is to be applied. 2) All multiple family residential landscapes are to be conservation minded with minimum water consumption plants and designs to be utilized. 3. Commercial 1, Group 1 All Permitted uses as outlined ECC A) Commercial Structures: 1) All commercial structures are to be site built with a common architectural theme to be established by the developer. a) Conservation construction is to be applied. 2) All commercial landscapes are to be conservation minded with minimum water consumption plants and designs to be utilized. 3) Commercial development and structures to comply all provisions of N.R.S., Elko County Code and N.D.O.T. requirements. 4. Light Industrial All permitted uses as outlined ECC A) Light Industrial Structures: 1) All industrial structures are to be site built with a common architectural theme to be established by the developer. a) Conservation construction is to be applied. 2) All industrial landscapes are to be conservation minded with minimum water consumption plants and designs to be utilized. 3) Industrial development and structures to comply all provisions of N.R.S., Elko County Code and N.D.O.T. requirements. 5. CONSISTENCY WITH EXISTING ZONING AND MASTER PLAN: A. COMPATIBILITY OF PROPOSED ZONING WITH EXISTING ZONING AND DEVELOPED USAGE IN THE AREA: The proposed is located directly adjacent to existing residential uses. The proposed is a slight contrast to the existing residential uses in that is proposed to utilize smaller lots ranging from 6,000 sf. to 0.5 acres in size. The proposed will not utilize individual septic systems and domestic wells. The proposed will maintain Open Space areas for recreation and aesthetic value. The proposed residential and commercial uses are present in the near vicinity, therefore the proposed is considered as compatible with the existing zoning and developed usage in the area. Page 12 of 31

13 B. CONFORMS WITH THE EXISTING MASTER PLAN OF THE AREA: A large portion of the proposed is identified as Agriculture Residential Conservation Reserve District - 1 (AR-CRD-1) within the Spring Creek / Lamoille Master Plan. AR-CRD-1 is considered residential uses with ancillary agriculture uses. This designation was based primarily on the usage of individual domestic water wells and septic systems. The proposed use of smaller Residential lots without the ancillary agriculture uses utilizing a quasi public water delivery system and sanitary sewer system promotes a more conservative use of water. A Residential 2 designation is shown on the proposed property along the south edge and adjacent to the Spring Creek Elementary School area. A commercial designation is offered along the SR 227 frontage. Therefore the proposed is considered to be in conformance with the Spring Creek / Lamoille Master Plan. 6. STAFF COMMENTS: A. The proposed is an application for multiple zones and uses within the specific area. The applicant has prepared a Master Plan Map that identifies the specific areas, parcel locations, parcel sizes and uses. The application is for the development of a multiple use planned unit development. The applicant has supplied legal descriptions for each specific zone change request. B. The proposed units zones will be developed on a individual basis. As each unit is developed all internal infrastructure will be constructed to Elko County standards as determined and required during the subdivision process as per Title 5 of the Elko County Code. Access is proposed to be provided from two primary points of ingress / egress by State Route 227 and developed internal major and minor collectors. Corral Lane will be eventually re-routed from its intersection with SR 227 to a point directly in front of the Spring Creek High School. Access to and from SR 227 is to be controlled by standards set forth by the Nevada Department of Transportation. C. The proposed will be a slight contrast in that the proposed promotes the use of smaller residential lots ranging from 6,000 sf. to 0.5 acres or more. The proposed will utilize a sewer and water delivery system versus individual septic systems and domestic wells. The use of smaller lots without the permitted use of ancillary agricultural uses including the keeping of horses, cattle or other farm animals along with the smaller landscape areas will limit the requirement for water associated with these uses. Currently the larger lots of more than an acre within the Spring Creek area are estimated to use on average 650 to 1,000 gallons per day. The smaller lots will be closely compared to water consumption in the City of Elko at and average of approximately 400 to 600 gallons of water per day. Therefor the use of water and sewer delivery systems in conjunction with the smaller lots will promote conservation of water in the Dixie Creek / Ten Mile Basin. D. Commercial and Industrial development as proposed will require a case by case review by Elko County staff and all other applicable governing entities prior to construction, during the building permit process. Page 13 of 31

14 Each development will be reviewed and approved for Elko County Code Title 4 / Title 5, NDOT, Health Department, DWR and others requirements prior to issuance of building permits. E. The proposed will not utilize individual septic systems and domestic wells. The proposed will maintain Open Space areas for recreation and aesthetic value. The proposed residential and commercial uses are present in the near vicinity, therefore the proposed is considered as compatible with the existing zoning and developed usage in the area. F. A large portion of the proposed is identified as Agriculture Residential Conservation Reserve District - 1 (AR-CRD-1) within the Spring Creek / Lamoille Master Plan. This designation was based primarily on the usage of individual domestic water wells and septic systems. The proposed use of smaller Residential lots utilizing a quasi public water delivery system and sanitary sewer promotes a more conservative use of water. A commercial designation is also offered on SR 227 frontage. Therefore the proposed is considered to be in conformance with the Spring Creek / Lamoille Master Plan. G. The applicant has proposed the use of Declarations of Reservations and the development of a Home Owners Association to control the sanitary sewer facility operation, architectural, landscaping, land use, road maintenance, open space maintenance and other issues addressed by the DOR s. H. The Applicant has stated that the proposed will be a phased project. The current projection for final build-out is as much as 25 years. This is much in concurrence with the development of the Spring Creek project that introduced approximately 8,000 residential units to the valley. As stated each phase will be developed with the same architectural motif and structural values. I. The staff report offers several listings of effects on the health, safety and welfare. These are many of the same effects that the Spring Creek Valley in general was forced to deal with a time frame that was immediate in nature. Meaning that during the population boom of the 1990's and early 2000's the same impacts were delivered to the population of the City of Elko and Spring Creek, these impacts were created in the 1970's when the Spring Creek subdivision was developed. The proposed is to be developed by phase creating a situation that should the development of additional residential and commercial areas become no longer viable or feasible the remainder of the development can and will remain un-developed as it exist now. J. 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 (attached) Page 14 of 31

15 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 (attached) 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 stated analysis and findings staff recommends: Approval of the Proposed Zone Change from Open Space to R-1, R-2, Commercial 1, Group 1 and Light Industrial 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 for development criteria that pertains to the proposed residential, commercial and industrial development. B. At time of any development, the developer shall comply with all applicable development criteria and requirements of the Nevada Department of Transportation that pertains to the proposed residential, commercial and industrial development pertaining to ingress / egress to SR 227. C. Prior to development and approval of the final subdivision map of phase 1 Declarations of Reservations are to be developed with the adoption and creation of a Home Owners Association to own / operate the sanitary sewer facility operation, architectural, landscaping, land use, road maintenance, open space maintenance and other issues addressed by the DORs. D. Applicant should be encouraged to create a self imposed impact fee on each dwelling unit for the future development of a road maintenance program, fund staff and construction of fire station / law enforcement / ambulance service sub station. E. 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 development. F. At time of any development, developer shall comply with all Federal, State, and Local building and development requirements. Page 15 of 31

16 Basis for recommendation: 1) The use of smaller lots without the permitted use of ancillary agricultural uses including the keeping of horses, cattle or other farm animals along with the smaller landscape areas will limit the requirement for water associated with these uses. 2) The proposed will not utilize individual septic systems and domestic wells. The proposed will maintain Open Space areas for recreation and aesthetic value. The proposed residential and commercial uses are present in the near vicinity, therefore the proposed is considered as compatible with the existing zoning and developed usage in the area. 3) A large portion of the proposed is identified as Agriculture Residential Conservation Reserve District - 1 (AR-CRD-1) within the Spring Creek / Lamoille Master Plan. AR-CRD-1 is considered residential uses with ancillary agriculture uses. This designation was based primarily on the usage of individual domestic water wells and septic systems. The proposed use of smaller Residential lots without the ancillary agriculture uses utilizing a public water delivery system and sanitary sewer system promotes a more conservative use of water. A commercial designation is also offered on SR 227 frontage. Therefore the proposed is considered to be in conformance with the Spring Creek / Lamoille Master Plan. 4) Commercial and Industrial development as proposed will require a case by case review by Elko County staff and all other applicable governing entities prior to construction, during the building permit process. Each development will be reviewed and approved for Elko County Code Title 4 / Title 5, NDOT, Health Department, DWR and others requirements prior to issuance of building permits. Report prepared by: Scott R. Brown, P.L.S. Director Planning & Zoning K:\P&Z - Planning Commission Records\DOCS, MINUTES\2008 YEAR\ ECPC Minutes Special Meeting.wpd Mr. Brown read the following comments from the Sheriff s Office into the record. Elko County Planning and Zoning Division 155 South 9th Street Elko, NV Elko Planning and Zoning Department, In reference to applications , and : Page 16 of 31

17 With the proposed plan to increase residency and commercial use in Spring Creek, there is no mention of providing a public safety facility for law enforcement, fire and emergency medical services. Since eighty five percent of the Elko County Sheriff s Office calls for service are directed to the Spring Creek area, I see grave concern for Spring Creek residents if Ruby View Estates does not include a public safety facility or accommodations in their master plan. Please consider this request. Thank you. Sincerely, Undersheriff Rocky Gonzalez Elko County Sheriff s Office 775 West Silver Street Elko, NV Mr. Brown stated you have a letter from Jeff White also. Vice Chairman Galyen stated that Chairman Hough has excused himself from these hearings as he is involved with the development portion of this project. Vice Chairman Galyen asked for comments from the commissioners. Commissioner Hartley stated she was concerned about the speed limit changes this project will cause. Mr. Brown stated that the slow down will happen with or without this project. It has been a concern of NDOT for awhile. Commissioner Hartley asked if the impact fee mentioned in the staff report can be imposed upon the developer. Mr. Brown stated no we can t impose it but we can ask for it. Commissioner Larason asked for more information on the streets, curb and gutters, and 6,000 sf. Building lots. It seems the lots are too small to park two (2) vehicles. Mr. Brown stated that the densities require curbs, gutters, and sidewalks by ECC. The developer will explain the development ideas for the lots. We have parcels that size in the Town of Elko. The parking will occur on the parcel and not the street. ECC stipulates the parking requirement for multi-family units. Commissioner Larason stated he is familiar with 6,000 sf. Lots and there always seems not to be enough room to park all of the vehicles. Mr. Brown stated these things will be looked at during the Tentative Map stage. The lots will be between 6,000 and 8,000 sf. And they will be before this commission again during the Tentative map phase. Commissioner Judd stated the problem will probably be from the parking of RV s, trailers, and boats on the street. Mr. Brown stated that the Light Industrial zoned portion of the property will partially be used for this type of a storage facility. Enforcement of on street parking of RV s would be enforced by the Sheriff s Department. Commissioner Judd asked if that issue can become a part of the CC&R s. That would be better asked of the developer. Commissioner Galyen asked about fencing the subdivision. Mr. Brown stated it will be fenced by ECC Title 5 requirement. Mr. Brown explained what he meant by conservation construction methods to the board. The property will be developed in phases as will the infrastructure to support the development as it progresses. The sewer will be developed immediately as will the roads and the water infrastructure to develop the first phase of the project. Page 17 of 31

18 Commissioner Hartley asked about a will serve letter. Mr. Brown stated the Whear Ranch gave Spring Creek Utilities a large amount of water rights in the 1980's in leu of 750 residential hookups. I don t know the amount of water per residence that was given in acre ft. Vice Chairman Galyen asked for public comment. Melissa Lindell with Wood Rogers spoke on behalf of the developer/applicant. Melissa gave a power point presentation explaining the 1,400 acre development. The following points were made in her presentation; We have had three (3) public meetings with the communities in the area. This is a year plan. The creek area will remain in Open Space. We will require a minimum 20' driveway that will accommodate two (2) cars plus the garage space and on street parking. There will be curb & gutter, sidewalks and trails and fences that will make this community stand together for the long term and develop in a consistent manner. We have bound ourselves to a set of development guidelines to control this development. There will be no RV parking on the street. There will be a commercial area for RV storage. There will be a town center that will be accessible by foot traffic through a series of trails and sidewalks. There will be a forty (40) acre regional park site that we hope will become a county facility and adjoin the adjacent land fill parcel and make a big sports complex facility for the community. There is an eighteen (18) acre school site in the middle of the proposed development. There is also a two and one half (2 1/2) acre parcel for fire and public safety located near the commercial area. In area 11, we are asking for lot sizes down to 5,000 square feet. This will give some flexibility in terms of afford ability and some different product types. This would allow for attached and detached units. She explained three different building options for the smaller lots. The sewage treatment plant is a expandable plant which will be built in phases. This plant will not produce odors and will have rapid infiltration ponds for the treated effluent. We hope to use this treated water for irrigation in the summer for the parks and elementary school because it is clean water. The sewage plant will be screened with vegetation. Kenneth Krater stated that the county cannot impose impact fees but we have agreed to contribute $2, for every single family home built and $1, for every multi-family home built that would go into an exclusive fund to be used for the parks and the regional park within this development. We can also volunteer to fund public safety and roads and those types of things. We have been talking with Mr. Brown about a fee of $ $ for these purposes. Corral Lane will be one of the first things we improve in the first phase. The next phase will require the improvement of the road proposed to access SR227 across from the high school. Corral lane will then become a gated emergency access. An option is in place to build a store-all facility on ten (10) acres in the Light Industrial proposed district. Landscaping will be developed that requires very little water. There will be limited sized lawns. We want to begin development if possible in August. There will be a new well site for the permanent water for the apartments houses and retail. Commissioner Hartley asked when a school will be built. Kenneth stated that the School District will stipulate that. Do you have the water rights in place for total build out? We have 560 acre feet that was deeded to the utilities company. Page 18 of 31

19 We also have a pending application before the state for a couple hundred additional acre feet of water rights and we found through research that there is enough water rights available through Spring Creek Utilities for build out of our project. Mr. Brown stated that Spring Creek Utilities has about 14,000 acre feet of water rights which is about twice more than needed for the Spring Creek subdivision. Commissioner Hartley stated she had concerns about the lighting of the project and the night skies. Mr. Krater stated that all the lighting within our development will be dark sky certified. The lights will be shielded to cast light only where intended for purposes of function and security. Commissioner Hartley stated that there were concerns with the higher density and it proximity to the high school. Mr. Krater stated there is a buffer between the school and with the commercial near the highway, it is where it needs to be. It promotes the ability to walk within the community to the park, the grocery store etc... The higher density areas need to be developed around the core centers. Commissioner Hartley asked about fencing. Mr. Krater stated there will be uniform fencing to match the architectural styles within the villages. Commissioner Judd asked what portions of the creek will be realigned. Mr. Krater stated it will be where the creek crosses under the highway under Wells Lane to the end of the north commercial section. We have 320 acre feet of surface water rights on the creek and we will use those to keep the creek area as green as possible. All utilities are underground. There also will not be any above ground propane tanks. South West gas is looking into the feasability of bringing natural gas over the hill. We are also looking at installing one underground tank of 1,000 gallon capacity for nine homes. These tanks would be serviced from the road without the need to service on private property. This method will allow for easy conversion should natural gas become available. Commissioner Galyen asked for clarity on the realignment of Corral Lane. Mr. Krater stated that both the State and the County want Corral Lane realigned so that it comes out at the high school. Teresa Murphy stated she was opposed to this development because of the change of life quality. We are on larger parcels and wanted a rural life style and no neighbors. The apartments will put 600 more vehicles in the morning on Corral Lane and its hard now to get onto the highway. She is also concerned about the road holding up under additional traffic and the existing fences. It s too many people in a small area. Bruno Carr stated he is opposing it for personal reasons. The plan is outstanding. Rodney Harris stated he was concerned about Ten Mile creek being rerouted. Lori Laws stated she was concerned about the parcel sizes. We wanted this to remain rural that is why we moved out there. She was concerned with the odor from the new sewer plant. How will the Children cross the highway from Corral Lane because the school will not bus the children due to the proximity. I oppose this because it is a rural area and that is why we moved out there. Cheryl Smith is concerned with the lot size change. The water use is her concern. Conflict with people on the smaller lots is a concern as well as the attraction of poverty oriented people drawn by the smaller lots. Page 19 of 31

20 Kaye Harris stated she lives across from Corral Lane. She is concerned with the traffic. It is hard now to merge onto the highway. I want to make sure that construction dust is not a problem. Melissa Lindell addressed the issues brought up by the public. The 300 units will be built in phases and Corral Lane will have to coordinate closely with NDOT who will stipulate it s construction timing. Snow removal on Corral Lane in our project area will be by the home owners association. Existing fences will not be a problem as we will be putting solid fences up on the property line. The idea of changing the zoning piece meal is not a good idea because you will not have a big picture control of the project. A master plan needs to be developed and followed over the years and a master plan that has integrity with design standards. Ten Mile Creek was realigned once in the 1900s and we will handling the flood control with our realignment. Concerning the treatment plant, the smell will be taken care through technology and by having the head works enclosed within the building. The round about will help in children crossing the highway as they have to look for traffic in only one direction. Crossing guards are also being looked at with the school district. We have planned for an elementary school on the property so that will promote the ability of the children to walk to school inside of our development. Dust control is strictly regulated by NDEP and we will plant disturbed areas. The public comment period was closed. Vice Chairman Galyen asked for comments and or a motion. Commissioner Judd asked about flow of the creek afer realignment and possible contamination of the creek by storm water discharge. Mr. Krater stated that the creek will be established in a channel that will duplicate low flow conditions and that NDEP will require that the storm water be filtered for sediment and oils before being discharged into the creek. Mr. Brown stated this is also controlled by NRS 533 as well. And, 534 concerning the restricting of flow in the creek as it exists. MOTION: Commissioner Judd made a motion to approve # for Ruby Vista Ranch with staff s recommendations, conditions, and findings. Commissioner Larason seconded the motion. The motion passed. VOTE: AYE:...Dave Galyen, Vice Chairman Milt Grisham Mike Judd Dena Hartley Jack Larason NAY:...None Page 20 of 31

21 (5 minute recess) ABSENT:...David Hough, Chairman Kristian Forland ABSTENTIONS:...None The appeal process was read into the record. # , Ruby View Estates, LLC- A public hearing concerning a request for a conditional use for a wastewater treatment plant to serve the future development of a 3,745 dwelling unit mixed use master planned community to include residential villages of varying densities, commercial uses, parks and public facilities and light industrial uses within an open space network on the following described property: A acre portion of the 1, acre parcel of land designated as the proposed project site for the Ruby Vista Ranch Subdivision located in Portions of Sections 2, 3, 4, 11, 13, 14, 15, 22, 23 & 24, Township 33 North, Range 56 East, M.D.B. &M. formerly known as the Big W Ranch located along State Route 227. The acre portion of land and wastewater treatment plant are proposed to be located within a portion of Section 4, Township 33 North, Range 56 East, M.D.B. &M. Applicant and Owner is Ruby View Estates, LLC. Mr. Brown read the following staff report into the record; STAFF REPORT # CONDITIONAL USE PLANNING COMMISSION MEETING DATE: June 26 th, APPLICATION: An application for a conditional use permit submitted by Ruby View Estates, LLC to construct a Waste Water Treatment Plant for service to the proposed Ruby Vista Ranches development. 2. LOCATION: A acre portion of the S ½ of Section 4, Township 33 North, Range 56 East, M.D.B. & M. 3. BACKGROUND INFORMATION: ASSESSOR S PARCEL NO.: OWNER(S) OF RECORD: Ruby View Estates, LLC Page 21 of 31

22 PREVIOUS APPLICATIONS ON PROPERTY: None SIZE OF PROPERTY: acres ACCESS: Proposed roadway MASTER PLAN: Spring Creek/ Lamoille Master Plan COMMENTS: (attached if applicable) 4. PROJECT DESCRIPTION and IMPACTS: A. PROJECT DESCRIPTION: The proposed development of a 975,000 gpd waste water treatment plant will be phase constructed on the proposed 23.5 acre portion of land, area 16 in the upper left hand corner of the attached map. The waste water treatment plant is to be constructed to provide sewer treatment service to the proposed 3,992 dwelling unit Ruby Vista Ranches. The proposed final build-out will include seven treatment ponds and a treatment plant. The facility will be owned, permitted and operated by the developer until such time a Home Owners Association or Private Utility takes ownership and operation responsibilities. B. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY:. The parcel is adequate in size and shape to accommodate the proposed. The location is part of an Open Space area purposely left as open space area. The proposed is potentially located within or near a floodplain, however, this specific portion of land is located in an area that has not been mapped or designated by FIRM or FEMA. C. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: Development of the proposed will require the construction of roads and street to access the proposed. The proposed will be located in near proximity of planned residential lots. The access to the proposed will be developed as a future major collector potentially providing access to SR 228. D. THE EFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: There are perceived negative physical impacts. The obvious perceived negative impacts are: 1) Aesthetics: a) The applicant has developed and planned a landscape design to alleviate the negative aesthetics. Page 22 of 31