Elko County Planning Commission ELKO COUNTY PLANNING COMMISSION MINUTES

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1 Elko County Planning Commission 540 COURT STREET, SUITE 104, ELKO, NV PH. (775) , FAX (775) ELKO COUNTY PLANNING COMMISSION MINUTES THURSDAY, AUGUST 16, :15 P.M. CALL TO ORDER: Chairman Judd called the meeting of the Elko County Planning Commission to order at 5:15 PM on August 16, 2012, in suite 102 of the Nannini Administration Building, Elko, Nevada. ROLL CALL: Members Present: Absent : Others Present: Mike Judd Chairman David A. Galyen, Vice Chairman Jack D. Larason Dena Hartley Richard Genseal Norlene Wilson David Hough John Kingwell, Associate Planner Eleanor O Donnell, Planning Administrator Kristin McQueary, District Attorney s Office Bob Morley, High Desert Engineering PLEDGE OF ALLEGIANCE: The pledge of allegiance was made. APPROVAL OF MINUTES: July 19, 2012 Regular Meeting MOTION: Approved on a motion by Commissioner Galyen seconded by Commissioner Hartley. Motion passed.

2 Elko County Planning Commission Meeting Minutes August 16, 2012 Page 2 VOTE: AYE: NAY: ABSENT: Mike Judd David A. Galyen Jack D. Larason Dena Hartley Richard Genseal Norlene Wilson David Hough ABSTENTIONS: COMMENTS BY THE GENERAL PUBLIC: David Blackwell had comments on the. He was asked by Chairman Judd to hold comments until the agenda item was discussed later in the meeting. CONSENT AGENDA: NONE PRELIMINARY HEARINGS: NONE PUBLIC HEARINGS: , Rock Hound Investments, LLC: (Continued from the June 21and July 19, 2012 regular meetings.) A public hearing for a change of zoning from Open Space (OS) to Special Lands (SL) for the creation of 10.0 acre parcels for sale to others. Location: A acre parcel of land located in the N1/2N1/2 of Section 29, T. 34 N., R. 56 E., M.D.B. &M., Elko County, Nevada. Lot 15, Division into Large Parcel Map, File No on file in the Office of the Elko County Recorder, Elko, Nevada. Property Owner and Applicant: Rock Hound Investments, LLC. Mr. Kingwell read the staff report. Discussed the onetime buy-in fee and the annual road maintenance fee with Spring Creek Association as a requirement. The agreement is between the two private parties. Public Comments Bob Morley (High Desert Engineering) - representing Rock Hound investments. When KRL Partnership did the division into large parcels previously, they agreed to the road maintenance K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC August 16, 2012 Minutes.docx

3 Elko County Planning Commission Meeting Minutes August 16, 2012 Page 3 fee with Spring Creek. Rock Hound Investments has no problem with the condition to pay the maintenance portion of the Spring Creek Association dues to help maintain those roads that would be serving the parcels. Commission Larason- still questioned why the County should include that as a condition in the staff report instead of it being and agreement between the two private parties. Mr. Morley- questioned the one time buy-in fee per lot to the Spring Creek Association. According to the agreement, they were required to pay the annual road maintenance portion of the Spring Creek Association assessments but not a onetime buy-in fee per lot. The other concern with the staff report is, under section D, at the time of development or subdivision, the developer shall comply with all NDOT improvement requirements as they pertain to SR 227 or any lands located within the NDOT right of ways. Why would NDOT be involved, these parcels have no direct access and there would be no direct impact from the zoning change on NDOT. Adequate water rights are in the process of being purchased. An agreement has been made with a party within the Dixie Creek/Ten Mile Water Basin to purchase adequate water rights to serve these parcels and they will be relinquished to the state prior to approval of the parcel map. Commissioner Hartley- also questioned the one time buy-in fee. Chairman Judd asked if the water rights issue is already done or still open, Mr. Morley- it is not officially recorded, but there is an agreement with a private owner for the water rights. The water rights would have to be relinquished before staff would approve the parcel map and they are open to having the water rights relinquishment be a condition of the zoning change. The condition that the water rights must be acquired and relinquished prior to the parcel map being recorded following the zoning change, would be fine with the applicant. Commissioner Galyen- asked Mr. Kingwell to explain about the one time buy-in fee and to address the concern with NDOT. Mr. Kingwell- explained it was discussed during the meetings at the time of the division of large parcel map. Staff does not have a copy of the written agreement. The one time buy-in fee can be taken off. Spring Creek Association did not send in any comments on this application. Item D, it does not affect this application and can be taken out. Commissioner Galyen- there would not be a problem with removing the item C (buy in fee), item D and add item F. Mr. Kingwell- the change of zoning being contingent upon the applicant s ability to acquire the water rights, was mentioned on behalf of the parcel owners to avoid paying the 7 years back taxes and then having a problem completing the project because they did not have the water. Commissioner Hartley- I understand the premise of paying the part of the Spring Creek road maintenance fee, but the county should not have it as part of the condition for the zone change. Ms. McQueary- Mr. Morley just provided a copy of the agreement and it does not include the one time buy-in fee. The items in the agreement between KRL and the Spring Creek Association were discussed. MOTION: Commissioner Larason moved to approve Application # , Rock Hound Investments, LLC with conditions except for under C remove #1 and 2 and replace with the language from the agreement between the parties, remove item D and add item F, seconded by Commissioner Galyen, motion passed. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC August 16, 2012 Minutes.docx

4 Elko County Planning Commission Meeting Minutes August 16, 2012 Page 4 VOTE: AYE: NAY: ABSENT: Mike Judd David A. Galyen Jack D. Larason Dena Hartley Richard Genseal Norlene Wilson David Hough ABSTENTIONS: Chairman Judd reminded everyone of the appeal process. Change in zoning from Open Space (OS) to Special Lands (SL) passed with the following conditions: 1. At the time of development, the developer shall comply with all applicable provisions of the Nevada Revised Statutes and Elko County Code development criteria pertaining to the proposed residential development 2. Prior to the approval of the parcel map, 2.0 acre-feet of water right in good standing and certificated for each new parcel shall be relinquished to the Nevada division of water resources. The applicant is responsible for completing all Nevada division of water resources requirements and for paying all fees to the Nevada division of water resources. 3. The developer at the time of any development shall provide a copy of Document No , Declaration of Limitations and Restrictions between Jerry W. Jones as Trustee of the Jerry Jones Revocable Trust of 1994 and the Spring Creek Association as filed in the Office of the Elko County Recorder with the application 4. 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 , : A public hearing for vacation of streets and roads right of ways within Elko Summits Estates in accordance with N.R. S Streets and Roads requested for vacation are, Elko Summit Drive, Andy s Way, Murdoch Way, Charles Vista, Ellen s Way, Armuth Vista, Elko Vista Drive, Lori Lane and Kimberly Lane. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC August 16, 2012 Minutes.docx

5 Elko County Planning Commission Meeting Minutes August 16, 2012 Page 5 Location:, Sections 25 and 36, Township 34 North, Range 55 East, MDB&M. Applicant: Association. Owner: Elko County. Mr. Kingwell read the staff report. Approval of application is contingent upon owner of parcel k-002 approval. If approval is not received for the owner of k-002, the gate location will need to be moved to a point beyond the parcel s boundary. Staff was advised this afternoon that the owner of parcel K-002 has agreed to this application but the document is waiting to be notarized since the owner is out of town. Commissioner Galyen- in other instances, the owners have had to complete a survey within six months and have it recorded. Is there a reason we don t need that with this. Mr. Kingwell- all the maps pertaining to this application have been generated in the past and they all show the roads. What we are asking for is a legal description for all of the roads in one document for planning purposes. Commissioner Galyen- if we vacate these roads why do we have governing information on what they have to do for their gate. Mr. Kingwell- it would be for the health and general welfare of it. Commissioner Larason- why are we relinquishing this? Mr. Kingwell- we were petitioned by. They want to do this as a security measure. The benefit to the County is there is a tax base that will be received from the roads. Commissioner Hartley- do these roads have to be vacated back to the association in order for them to put this gate up? Ms. McQueary- If the roads weren t vacated to a private entity they would still be public roads and a gate wouldn t be allowed. Discussion on the monetary benefit to the county and the maintenance of the roads followed. are maintaining the roads at this time. The roads have to be maintained by what is called for in the County Code. That would not change; this doesn t relinquish them from any responsibilities on the road, if the traffic count in the future requires an improvement to the road that would have to be done at that time. Mr. Kingwell- not so much the maintenance but the development of the road is required by the County Code. Ms. McQueary- the maintenance will be taken care of by the Association. Commissioner Hartley- questioned if the Association goes bankrupt and all of a sudden there is not an Association. Ms. McQueary- that would be a private property problem. Commissioner Hartley- asked is it better to have them as public county roads or private. Ms. McQueary- it depends on what context you are using. The Association would speak as to what better means to them. Chairman Judd- how many ways in and out of the Summits Estates exist? Mr. Kingwell- there is only one maintained way out which is the main road that will be gated there are also unimproved ways out. K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC August 16, 2012 Minutes.docx

6 Elko County Planning Commission Meeting Minutes August 16, 2012 Page 6 Public comments Jim Cooney (president of Home Owners Association) - explained some of the background of the area. The Association has been the responsible party to maintain the roads. Explained that approximately 3 years ago the Association came to this Planning Commission to find out what would be necessary to install a gate and the paperwork that would be required. Commissioner Galyen- in the past discussion was raised about putting in a crash gate or something at a secondary access point. Mr. Cooney- that would be the old Lamoille trail road, there has been a boundary line adjustment that affected that road and it no longer exists. There is another unimproved road on the South West corner that the Association has an agreement with the property owners for a future secondary access. Commissioner Galyen- so at this time there will be one maintained ingress and egress road. Chairman Judd- do you have a security force, most gated communities are walled. Mr. Cooney- there is a neighborhood watch. Gary Digrazia (Law firm represents the Elko Summit Association) it has taken several years to gather all of the paperwork in order to proceed with this vacation. The consent of all 72-property owners and the adjacent lands also the quitclaim deeds from the owners. The standard for vacation is whether the public would be materially injured by the vacation. Due to the fact that the consent of all of those that would be directly affected and some indirectly affected has been obtained, there is not reasonable base to think that the public would be materially injured by the granting of this vacation. Chairman Judd- do you know Mr. Blackman who was here before? Mr. Digrazia- yes, we have a written agreement with him. Mr. Digrazia- in Paragraph G of the staff report a correction to the proper statute provision NRS in reference to abandonment of public right of way. MOTION: Commissioner Larason moved to recommend to the County Commissioners to approve Application # , with staff recommendations and findings, seconded by Commissioner Hartley. Motion passed VOTE: AYE: NAY: ABSENT: Mike Judd David A. Galyen Jack D. Larason Dena Hartley Richard Genseal Norlene Wilson David Hough ABSTENTIONS: K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC August 16, 2012 Minutes.docx

7 Elko County Planning Commission Meeting Minutes August 16, 2012 Page 7 Chairman Judd reminded everyone of the appeal process. OTHER BUSINESS: STAFF AND COMMISSIONERS COMMENTS: Commissioner Hartley- Spring Creek Association cannot tell anybody that they cannot use those roads because they are public roads that are privately maintained. COMMENTS BY THE GENERAL PUBLIC: XI. ADJOURNMENT 6:26:39PM Minutes Clerk: Eleanor O Donnell Date Approved: September 20, 2012 K:\P&Z - Planning Commission Records\DOCS, MINUTES\2012 YEAR\ECPC August 16, 2012 Minutes.docx

8 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands STAFF REPORT # For a Zone Change PLANNING COMMISSION MEETING DATE: June 21, APPLICATION: A request for a change of zoning by Rock Hound Investments, LLC from Open Space to Special Lands for the creation of four (4) 10.0 acre parcels for residential purposes. 2. LOCATION: A acre parcel of land. Lot 15, Division into Large Parcel Map, File No as filed in the Office of the Elko County Recorder. Located in the N1/2N1/2 of Section 29, T.34 N., R.56 E., M.D.B. &M., Elko County, Nevada. 3. BACKGROUND INFORMATION: APN: Owner(s) of Record: E-034 Rock Hound Investments, LLC Previous Applications: DLLP Map Approved July 2005, File No DLLP Map Approved, in 1986 DLLP Map Denied, 1985 Change of Zoning Commercial Denied, 1981 Change of Zoning OS to A-R on 34 acres Approved, 1981 Change of Zoning OS to A-R Approved 1978 w/contingencies Size of Property: Access: acres Karvel Drive Master Plans: Spring Creek Lamoille Master Plan, Plan Area 1 4. PROJECT IMPACTS: A. AFFECT UPON THE EXISTING LAND USE PATTERN IN THE AREA: 1) The change of zoning from OS to Special Lands is compliant with the designation of Special Lands within the Spring Creek Lamoille Master Plan, Plan Area 1. K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 1 of 9

9 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands 2) The primary use in this area is moderate to low density residential. Within Section 29 T., 34 N., R.56 E. there are eight (8) Special Lands zoned parcels south of the applicants parcel. The remainder is zoned Open Space. 3) Abutting properties to the East are zoned Agricultural - Residential and are a part of the Spring Creek Subdivision, Track ) All of Section 20 to the north is zoned Agricultural Residential and is part of the Last Chance Ranch Unit No. 1. The parcels in the S1/2 of Section 20 are forty (40) and twenty (20) acres in area. 5) The NE1/4 of Section 30 is zoned Open Space and designated Special Lands. 6) The request fits the existing land use patterns of the area. 7) Domestic water supply will be by domestic well. 8) Said zone change and request for parceling is located within the designated Hydrographic Basin Dixie Creek / Tenmile. The request will require water rights at 2.0 acre feet per newly created parcel to be relinquished to the Nevada State Engineer s Office. 8) This parcel is accessed from Karvel Drive within The K.R.L. D.L.L.P., Karvel Drive, Holiday Drive and Spring Valley Parkway within Tract 202 of the Spring Creek Subdivision at which point access is available directly to Sr 227 (Lamoille Highway). 9) The three (3) new parcels would create an additional 15 vehicle trips per day onto the roadways within the K.R.L. D.L.L.P. and Spring Creek Tracts 201 & 202. The effects of the additional traffic would directly affect Spring Creek roads. The effects of the additional traffic generated by the creation of the three (3) lots will be mitigated by the individual property developers within the K.R.L. D.L.L.P. at the time of land development 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 the K.R.L. D.L.L.P. is established to SR ) Impacts to roads within KRL DLLP will 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 SR 227 are concerns that will be addressed during the Parcel Map process by NDOT and are not a part of this zone change. K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 2 of 9

10 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands B. AFFECT UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: 1) 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 internal subdivision traffic will increase maintenance requirements to the road surfaces. There is a potential for transient dust from the gravel surfaced roads. 2) There is an existing fire break developed between the K.R.L. D.L.L.P. and the Spring Creek Subdivision Tracts 201and 202. In addition, individual property fire suppression will be required at the time of development by the Nevada Division of Forestry. 3) Currently there are 22 parcels in this division. The proposed would increase that number to 25. At total build out there is a potential for 64 parcels. 4) The new parcels will be accessed by Karvel Road, a twenty six (26) foot improved graveled road within a dedicated 60 right-of-way. 5) Effects of the additional traffic generated by the creation of the three (3) lots will be mitigated by the individual property developers within the K.R.L. D.L.L.P. at the time of land development 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 the K.R.L. D.L.L.P. 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: 1) The change of zoning on this proposed parcel is compatible with adjacent and area zoning. B. CONFORMS TO THE EXISTING MASTER PLAN OF THE AREA: 1) The proposal falls under the Spring Creek Lamoille Master Plan, Plan Area 1 and is conforming. K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 3 of 9

11 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands 6. STAFF COMMENTS: A. AFFECT UPON THE EXISTING LAND USE PATTERN IN THE AREA: 1) Conforms to the master plan. 2) Primary use is moderate to low density residential. 3) Increase of 15 vehicle trips per day. 4) Mitigation is in place for use of Spring Creek Roads. 5) SR 227 impacts to be mitigated by N.D.O.T. 6) Increase of three (3) new domestic wells. 7) Requires relinquishment of 6.0 acre feet to State Engineer. 8) Individual Septic systems required. 9) No residential development at this time. 10) Impacts to KRL roads mitigation by KRL Partnership until 30% build out. B. AFFECT UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: 1) The proposed will have minimal limited impacts or affects in the area. 2) Private wells and septic systems will be utilized. 3) Increased traffic at the specific points of ingress/ egress from SR 227 from within the Spring Creek Subdivision and internal subdivision traffic will increase maintenance requirements to the road surfaces. There is a potential for transient dust from the gravel surfaced roads. 4) 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. 5) Individual fire suppression requirements by N.D.F. will met at development. K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 4 of 9

12 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands C. COMPATIBILITY OF PROPOSED ZONING WITH EXISTING ZONING AND DEVELOPED USAGE IN THE AREA: The proposed is compatible. D. CONFORMS TO THE EXISTING MASTER PLAN OF THE AREA: The proposed conforms to the Spring Creel Lamoille Master Plan, Plan Area 1. E. Prior to the completion of this report comments have been solicited from the following and those received, are attached. o Elko County Managers Office o Elko County Public Works o Elko County Building & Safety o Elko County Highway Department o Elko County School District o Elko County Sheriff s Office o Frontier Communications o Nevada Depart. Of Transportation o Nevada Div. of Forestry o NV Energy o NV Division of Water Resources o Spring Creek Utilities 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 the time of development, the developer shall comply with all applicable provisions of the Nevada Revised Statutes and Elko County Code development criteria pertaining to the proposed residential development. B. Prior to the approval of the parcel map, 2.0 acre-feet of water right in good standing and certificated for each new parcel shall be relinquished to the Nevada division of water resources. The applicant is responsible for completing all Nevada division of water resources requirements and for paying all fees to the Nevada division of water resources. K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 5 of 9

13 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands C. At the time of any development, the developer shall: 1) Pay a onetime buy in fee per lot to the Spring Creek Association. 2) 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 the K.R.L. D.L.L.P. to SR 227 or any lands located within NDOT right of ways. D At the time of development or subdivision, the developer shall comply with all NDOT improvement requirements as they pertain to SR 227 or any lands located within the NDOT right of ways. 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 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 Special Lands (SL) by the Spring Creek / Lamoille Master Plan, Plan Area 1. 2) The proposed zone change and proposed three (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. 4) Properties are adequate in size to accommodate individual septic systems and Domestic wells. 5) A fire break has been established by the Nevada Division of Forestry between the Spring Creek Subdivision and the KRL Division of Land into Large Parcels. 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. K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 6 of 9

14 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands Staff Report Prepared by: John W. Kingwell Elko County Associate Planner K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 7 of 9

15 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands 4-9-7: ZONING CHANGE: Upon application in proper form, a property owner may seek to have the zoning applicable to his property changed or modified. (A) Procedure: Each property owner must file an application with the Planning Commission upon forms supplied by the Commission Clerk. (Ord H, , eff ; amd. Ord D, , eff ) (B) Preliminary Hearing: Every application for a zoning change shall include a minimum of two (2) appearances before the Planning Commission. The first appearance shall be an informational meeting, and the following meeting of the Planning Commission may include the public hearing. (Ord T, , eff ; amd. Ord D, , eff ) 1. At the conclusion of the preliminary hearing the applicant may request an immediate vote of the Planning Commission on the application. Otherwise, the preliminary hearing is informational only. If an immediate vote is requested, the Planning Commission may indicate that there is no reasonable possibility of the zone change being approved following a public hearing. A denial of a zone change application by the Planning Commission at the preliminary hearing may be appealed to the Board of County Commissioners as provided in Section of this Chapter. Following a denial vote at the preliminary hearing, the applicant may modify his proposal and file a new application in lieu of appeal. A vote of the Planning Commission to allow the application to proceed to public hearing does not constitute conditional or preliminary approval of the application or serve as any indication as to the probability or possibility of approval of the zone change application following the public hearing as required by subsection 4-9-7(C) of this Section. (Ord H, , eff ; amd. Ord D, , eff ) (C) Action by Commission: A public hearing before the Planning Commission shall be held upon every application for a zone change. (Ord T, , eff ; amd. Ord D, , eff ) (D) Restrictive Use: In the granting of a zoning change, the Planning Commission may, upon good cause, restrict the change of zoning to the specific type of business enterprise or specific use for which the change was first sought, which restrictive use must be set forth upon the minutes of the Planning Commission and shall be considered binding upon all successive transferees or possessors of the land so to be classified or changed. (E) Effective Date: The order authorizing a change of zoning or disapproving the same shall be effective ten (10) days after the date of such order, unless a notice of appeal is filed within ten (10) days after such order was issued. K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 8 of 9

16 Application No , PH Date June 21, 2012 Rock Hound Investments, LLC COZ Open Space to Special Lands (F) Consideration: In making any decision to grant or deny a change of zoning, the Planning Commission shall be guided by the following factors: 1. Whether the zoning sought is consistent with the comprehensive zoning plan or is inconsistent with uses to which the rest of the district is zoned; 2. Whether the change appears to be for the public good or for the sole benefit of the private interest of the owner without regard to the community welfare. In the event that the Commission finds that the zoning change sought appears to be an unreasonable devotion of a small area to a use inconsistent with uses to which the rest of the district is zoned and made for the sole benefit of the private interests of the owner, it shall deny the request. (G) Changes: All changes in zoning which involve a change within a zoning district and a change of a portion of an exterior zoning boundary, shall follow the procedure within this Section. (Ord H, , eff ; amd. Ord D, , eff ) K:\P&Z - Planning Commission Records\ACTIVE PERMIT FILES \ , Rock Hound Investments LLC\ , Staff Report.doc Page 9 of 9

17 STAFF REPORT # STREET / ROADWAY OR OTHER RIGHT OF WAY VACATION PLANNING COMMISSION MEETING DATE: August 16, APPLICATION: Street right of way vacations request submitted by Association for vacation of all streets and roads in being Elko Summit Drive, Andy s Drive, Murdoch Way, Charles Vista, Ellen s Way, Armuth Vista, Elko Vista Drive, Lori Lane and Kimberly Lane. 2. LOCATION: Unit 1 located within all of Section 25 and portions of Sections 26 and 36, Township 34 North, Range 55 East, M.D.B. &M. General location is 3/4 of a mile south of Elko City limits on SR 227 (Lamoille Highway). 3. SUMMARY INFORMATION: Previous Applications for Vacation: None Type of Right of Way to be vacated: Streets Right of Way Assessor s Parcel Numbers within Special Land Map K and Rural Plat : See Exhibit B of Application. Location of Vacations: Sections 25, 26 & 36 of T34 N., R. 55 E., M.D.B. &M. Owner of Record: The Public in the name of Elko County Acreage of Proposed Vacation: Elko Vista Drive, acres Elko Summit Drive, acres Andy s Way, 6.00 acres Murdoch Lane, 2.90 acres Charles Vista 0.90 acres Ellen s Way, 1.99 acres Armuth Vista 1.28 acres Kimberly Lane, 0.95 acres Lori Lane, 0.95 acres Total, acres, (1, 726,759 sq. ft.) Access to Affected Parcels: All parcels within and portions of Plat Master Plans: Spring Creek Lamoille Master Plan Plan Area 4, Elko Summit Master Plan Comments: Attached when received. Page 1

18 Zoning applications and Mapping: PCR COZ OS to SL - SE1/4 Sec. 23, All of Sec. 25, NW1/4; S1/2 Sec. 27, T. 34 N., R. 55 E., M.D.B. &M. PCR COZ SL to A/R - Lot 1, Unit 1,, N1/2 Sec. 25, T34 N., R. 55 E., M.D.B. &M. PCR Variance - Lot 8, Unit 1,, N1/2 Sec. 25, T.34 N., R. 55 E., M.D.B. &M. PCR Variance for Min. lot width - Lot 12,, SE1/4 Sec. 25, T.34 N., R.55 E., M.D.B. &M. PCR Variance for Min. lot width, Lot 13,, SE1/4 Sec. 25, T34 N., R. 55 E., M.D.B. &M. PCR Variance for Min. Lot Width, Parcel C & D of Lot 8, Unit 1, Elko Summit Estates, NW1/4 Sec. 25, T34 N., R. 55 E., M.D.B. &M. PCR Variance for Min. Lot Widths, Lots 11, 12, 13 BLA File No , Parcel 14 B of Parcel Map and Remainder Parcel BLA File No , located in a portion of NE ¼ and SE ¼ of Sec. 25, and NE ¼ of Sec. 36, T34 N., R. 55 E., M.D.B. &M. PCR Private Master Plan for Parcels 11, 12, 13, 14B, and remainder of Section 36, T.34 N., R.55 E., MDB&M. D.L.L.P. Map No James H. Murdoch, Parcel Map No James H. Murdoch, Parcel Map No Richard Mattingly, Parcel Map No Craig James Armuth, Parcel Map No Stephen P. Dorsa, Parcel Map No James H. Murdoch, Parcel Map No William Leipprandt, Parcel Map No Scott Leipprandt, Parcel Map No Scott Leipprandt, Parcel Map No Elko Summit Limited, B.L.A. Map No Brian Ahnger, Parcel Map No William C. Leipprandt, B.L.A. Map No Elko Summit Limited, B.L.A. Map No Mud Creek, LLC, Parcel Map No Janis L. Devers, Parcel Map No Craig James Armuth, Parcel Map No J. Michael & Colleen M. Memeo, Map of Reversion No William A. Crane, Richard C. & Carolyn Kidwell, B.L.A. Map No Kidwell family Trust, Map of Reversion No Page 2

19 (Continued) Charles M. & Lois Nannini, Record of Survey No Elko Summit Ltd., LLC & Michael T. Feehan, ET AL, R.O.S. Map No William A. Crane & Brian Ahnger, Parcel Map No Elko Summit Ltd., B.L. A. Map No Elko Summit Ltd., Parcel Map No William A. Crane & William Leipprandt, B.L.A. Map No Scott Leipprandt, Parcel Map No Peter H. Freigang, Parcel Map No Elko Summit Ltd., B.L.A. Map No William Leipprandt, Parcel Map No Scott B. Leipprandt, Parcel Map No Elko Summit Ltd., Parcel Map No Brian Ahnger, Parcel Map No William A. Crane, Parcel Map No STREET / ROADWAY OR OTHER RIGHT OF WAY INFORMATION: A. OFFICIAL MAP OR RECORD INFORMATION OF RIGHT OF WAYS PROPOSED TO BE VACATED: 1) See Item 3 of staff report titled SUMMARY INFORMATION. B. RIGHT OF WAY PROPOSED TO BE VACATED IS PUBLICALLY OWNED IN THE NAME OF ELKO COUNTY: 1) The Right of Ways (Elko Summit Drive, Andy s Drive, Murdoch Way, Charles Vista, Ellen s Way, Armuth Vista, Elko Vista Drive, Lori Lane and Kimberly Lane) are owned by the public in the name of Elko County. 5. VACATION IMPACTS: A. IMPACTS FROM LOSS OF ACCESS TO ADJACENT PROPERTY OR OTHER PROPERTIES IN THE VICINITY: 1) Exhibit B of application No as depicted in staffs report under Summary Information list the names of the parcel owners affected by this application. Upon approval of street vacations with recommendations and conditions as depicted within this staff report, the owners as listed in Exhibit B of the application will simultaneously transfer all of their right, title and interest in vacated streets and roads to Association which shall provide ingress and egress on those streets and roads to the Summit Estates landowners and to those adjoining landowners in perpetuity with whom the Elko Summit Estates Association otherwise contracts to prove ingress and egress across those roads and streets. Page 3

20 2) Parcels outside the influence of this staff report abutting the western side will access by way Errecart Blvd. once constructed. This is due to the physical limitations of the topographical features between Section 25 and Elko Summit Estates. A more direct and shorter route would move future traffic to the future extension of Errecart Blvd. This land, Section 25, is owned by Richard Gavern whose written consent is attached to this application. 3) Utility Companies have not responded to date. Utility easements are within the roadway and will remain with the new ownership. 4) NDOT has not responded to date. The encroachment permit is under the name of Elko County and shall be transferred to upon approval of the street vacations of this application by the Elko County Commission. B. PRESERVATION OF PROPERTY RIGHTS OF OTHER PROPERTIES IN THE SAME VICINITY. 1) Adjacent private property owners have consented to the street vacations and will have access through these same streets and roads. Access retained by adjacent property owners will remain in perpetuity. 2) The streets proposed for vacation are paved twenty six (26) foot travelled ways within eighty (80) foot right of ways and serve only the private property owners that are abutting and do not provide access to federal lands. 3) Utility easements within the streets will not be affected by the change of ownership. 6. ADJACENT PROPERTIES: A. HOW VACATION AFFECTS ADJACENT PROPERTIES: 1) This application has been filed by the Homeowners Association on behalf of the residents of and abutting parcel owners. 2) At the time of this report, the parcel owner of K-002 has not provided a signed Consent of Homeowners to Street and Road Vacation at Elko Summit Estates. 3) All adjacent property owners in perpetuity will retain access to all streets proposed to be vacated by this application. 4) Access to federal lands is not served by these streets and roads. Page 4

21 5) The homeowners association will maintain the vacated streets with dues paid into the Homeowners Association. 7. N.R.S , 8. 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. 8. STAFF COMMENTS: A) A security Gate has been requested with this application. Below are comments in reference to the operation of and placement of the gate. 1) Powered by solar application. Shall also be connected to the NV Energy electrical grid. Can be manually operated in the event of a power failure. 2) Will have the ability to operate by keypad and by remote openers. 3) Emergency services traffic will utilize the SOS system that activates the gate by siren or by use of the keypad. 4) Delivery (UPS, Fed Ex etc.) will utilize a code supplied by the association. 5) Utility companies will utilize a code supplied by the association. 6) The Placement of the gate shall be no less than five hundred (500) feet south of the cattle guard on Elko Vista Drive. 7) A sixty (60) foot cul-de-sac shall be built on the north side of the security gate to allow vehicle egress. 8) Private property postings shall be placed at the security gate. B) At the time of this staff report, staff has not received any negative comments adverse to these vacation requests. C) Prior to the completion of this report comments may or may not have been received from the following: City of Elko Nevada Department of Transportation Elko County Sheriff s Office Elko County Public Works Elko County Highway Department Received, No Comments (No Comment) (No Comment) (No Comment) (No Comment) Page 5

22 Elko County Manager Office Nevada Division of State Health Nevada Division Forestry Elko County Building & Safety (No Comment) (No Comment) (No Comment) (No Comment) 9. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings, staff recommends forwarding a recommendation of Approval with the following conditions and restrictions: A. The owners as listed in Exhibit B of the application will simultaneously transfer all of their right, title and interest in vacated streets and roads to Association which shall provide ingress and egress on those streets and roads to the Summit Estates landowners and to those adjoining landowners in perpetuity with whom the Association otherwise contracts to prove ingress and egress across those roads and streets. Title to the street right of ways of Elko Summit Drive, Andy s Drive, Murdoch Way, Charles Vista, Ellen s Way, Armuth Vista, Elko Vista Drive, Lori Lane and Kimberly Lane shall revert to Association. B. Utility easements within the 80 right of ways shall remain intact. C. Maintenance of the vacated streets shall be the responsibility of the Elko Summit Estates Association. D. The encroachment permit accessing Elko Vista Drive from SR 227 shall be placed in the name of the Association at the time of approval by the Elko County Commission. E. Security Gate Placement shall be no less than five hundred (500) feet south of the cattle guard on Elko Vista Drive and; 1) Shall be operated by solar power and be connected to the NV Energy electrical grid. Shall also be capable of manual operation. 2) Will have the ability for operation by keypad and by remote openers carried by property owners. 3) Emergency Services traffic will utilize the SOS system that activates the gate by siren or by use of the fixed keypad. 4) Delivery (UPS, Fed Ex etc.) will utilize a code supplied by the association. 5) Utility companies will utilize a code supplied by the association. Page 6

23 6) A sixty (60) foot cul-de-sac shall be built on the north side of the security gate to allow vehicle egress. 7) Private property postings shall be placed at the security gate. F. Within six (6) months of approval by the Elko County Board of Commissioners, the applicant shall deliver Exhibit A depicting the legal definitions of the proposed Street or road vacations or a Record of Survey to the Elko County Planning & Zoning Division for review and presentation to the Elko County District Attorney. G. Applicant shall comply with all provisions of NRS in reference to abandonment of a public right of way. H. Elko County Reserves an easement for access and maintenance of any and all public utilities should they exist within or be accessed by these abandoned right of ways. Basis for recommendation: 1) Privatizing the streets and roads as depicted within this application and staff report will not materially injure others or impede access to any federal lands. Note: The recommendations of this report are based on the fact that prior to the completion of this report staff had not received any negative or adverse comments to the proposed. Should testimony from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may withdraw its recommendations. John W. Kingwell Elko County Associate Planner Page 7

24 (Ownerships) K-002 FERTIG, SHAREL C SR & CARO - ELKO VISTA DR K-017 MAHLBERG, NORMAN W & LYNN LORI LN K-018 LONIEN, JOHN G III & NILA - LORI LN K-019 HEATH, MICHAEL D & DAWN D LORI LN K-020 BONDESON, WILHELM E JR TR LORI LN K-021 BALLARD, ROBERT E & ROBIN - ELKO VISTA DR K-022 BLACH, PATRICK J & JODIE M - ELKO VISTA DR K-023 BLACH, PATRICK J & JODIE M ELKO VISTA DR K-024 CRUM, DONALD R & CHRISTINE - ELKO VISTA DR Page 8

25 006-09K-025 MEYER, ROGER D & THERESA M - ELKO VISTA DR K-026 VON MILLER, JOSHUA J &CORT ELKO VISTA DR K-027 ELKO SUMMIT LIMITED ELKO VISTA DR K-028 STEFANKO, ROBERT J & TONIA - ELKO SUMMIT DR K-029 BROWN, DAVID W ELKO VISTA DR K-030 HEINZIG, DAVID M ELKO VISTA DR K-031 PUCKETT, KYLE A ELKO SUMMIT DR K-032 HAGGERTY, ROY & JUANITA ELKO SUMMIT DR K-033 INFINITY HOMES LLC ELKO SUMMIT DR K-034 VAVAK, BARRY E & CHERYL L ELKO SUMMIT DR K-035 SKIDMORE, STEVEN ALAN ET A ELKO SUMMIT DR K-036 TWEIDT, DARRELL & LYLA - ELKO SUMMIT DR K-037 VAVAK, DEAN S & LORI K KIMBERLY LN K-038 COONEY, JAMES E & JERRY C KIMBERLY LN K-039 CHURCHFIELD, MARVIN DALE T KIMBERLY LN K-040 CROTEAU, ROBERT T ELKO VISTA DR K-041 HOSLER, PHILLIP A ELKO VISTA DR K-042 THOM, BRIAN W & SANDRA J - ELKO VISTA DR K-044 KELLY, WADE J & LAURA - ELKO VISTA DR K-045 DELEON, SALVADOR & GIMA - ELKO VISTA DR K-046 PACINI, ANTHONY J 609 ARMUTH VISTA K-047 SLATER, BRANDON & BERNADET ELKO VISTA DR K-049 SQUIRES, RANDALL L & LORI ELKO SUMMIT DR K-051 KIDWELL, CRAIG W TR ET AL ANDY'S WAY K-052 JOHNSON, R LEE ELKO SUMMIT DR K-053 LUPO, LORIE ELKO SUMMIT DR K-054 QUILICI, ANGIE B TR - ELKO SUMMIT DR K-055 BONDESON, WILHELM E JR TR - ELKO SUMMIT DR K-056 ADAMS, EDITH A ET AL - ELKO SUMMIT DR K-057 CROTEAU, ROBERT T - ELKO SUMMIT DR K-058 AGUIRRE, NOEL P & MELISSA ELKO SUMMIT DR K-059 GIMSE, THOMAS J ET AL ELKO SUMMIT DR K-060 GRADY, JAMES A JR ELKO SUMMIT DR K-061 CROUCH, J SAMUEL & JANET E - ANDY'S WAY K-063 KIDWELL, RICHARD D TR ET A ANDY'S WAY K-064 KELLY, WADE & LAURA - ELKO VISTA DR K-065 ELKO, COUNTY OF - ELKO VISTA DR K-066 BEAR, ALLIE T TR - ELKO VISTA DR K-067 LEIPPRANDT, SCOTT B ARMUTH VISTA K-068 LEIPPRANDT, SCOTT B ARMUTH VISTA K-069 FREIGANG, PETER ARMUTH VISTA K-070 ELKO SUMMIT LIMITED - ELKO SUMMIT DR K-071 CREEL, KEVIN D & LESLIE K ELLENS WAY K-072 BLEDSOE, RICHARD D & SHAWN ELLENS WAY K-073 ELKO SUMMIT LIMITED ELLENS WAY K-074 ELKO SUMMIT LIMITED ELLENS WAY K-075 ELKO SUMMIT LIMITED ELLENS WAY K-076 ELKO SUMMIT LIMITED ELLENS WAY Page 9

26 006-09K-077 ELKO SUMMIT LIMITED MURDOCH WAY K-078 MCMULLAN, IAN P & JENNIFER CHARLES VISTA K-079 GONZALEZ, REYNALDO & JOHN N CHARLES VISTA K-080 ELKO SUMMIT LIMITED MURDOCH WAY K-081 MAIN, FARON R & ROBIN D ELKO SUMMIT DR K-082 ELKO SUMMIT LIMITED MURDOCH WAY K-083 ELKO SUMMIT LIMITED CHARLES VISTA Page 10

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33 Vacation or Abandonment of Streets, Easements or Maps; Reversion of Divided Land NRS Contiguous defined. As used in NRS to , inclusive, unless the context otherwise requires, contiguous means either abutting directly on the boundary or separated by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation. (Added to NRS by 1999, 784) NRS Vacation or abandonment of street or easement: Procedures, prerequisites and effect; appeal; reservation of certain easements; sale of vacated portion. 1. Except as otherwise provided in subsection 11, any abutting owner or local government desiring the vacation or abandonment of any street or easement owned by a city or a county, or any portion thereof, shall file a petition in writing with the planning commission or the governing body having jurisdiction. 2. The governing body may establish by ordinance a procedure by which, after compliance with the requirements for notification of public hearing set forth in this section, a vacation or abandonment of a street or an easement may be approved in conjunction with the approval of a tentative map pursuant to NRS A government patent easement which is no longer required for a public purpose may be vacated by: (a) The governing body; or (b) The planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, without conducting a hearing on the vacation if the applicant for the vacation obtains the written consent of each owner of property abutting the proposed vacation and any utility that is affected by the proposed vacation. 4. Except as otherwise provided in subsection 3, if any right-of-way or easement required for a public purpose that is owned by a city or a county is proposed to be vacated, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall, not less than 10 business days before the public hearing described in subsection 5: (a) Notify each owner of property abutting the proposed abandonment. Such notice must be provided by mail pursuant to a method that provides confirmation of delivery and does not require the signature of the recipient. (b) Cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing. 5. Except as otherwise provided in subsection 6, if, upon public hearing, the governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, may make the order conditional, and the order becomes effective only upon the fulfillment of the conditions prescribed. An applicant or other person aggrieved by the decision of the planning commission, hearing examiner or other designee may appeal the decision in accordance with the ordinance adopted pursuant to NRS In addition to any other applicable requirements set forth in this section, before vacating or abandoning a street, the governing body of the local government having jurisdiction over the street, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall provide each public utility and video service provider serving the affected area with written notice that a petition has been filed requesting the vacation or abandonment of the street. After receiving the written notice, the public utility or video service provider, as applicable, shall respond in writing, indicating either that the public utility or video service provider, as applicable, does not require an easement or that the public utility or video service provider, as applicable, wishes to request the reservation of an easement. If a public utility or video service provider indicates in writing that it wishes to request the reservation of an easement, the governing body of the local government having jurisdiction over the street that is proposed to be vacated or abandoned, or the planning commission, hearing examiner or other designee, if authorized to take final action by the governing body, shall reserve and convey an easement in favor of the public utility or video service provider, as applicable, and shall ensure that such easement is recorded in the office of the county recorder. 7. The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation, 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. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city or county. If the governing body sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his or her property, but no action may be taken by the governing body to force the Page 17