FERNLEY PLANNING COMMISSION MEETING MINUTES JULY 11, 2018 Mayor Edgington called the meeting to order at 5:02 p.m. at Fernley City Hall, 595 Silver Lace Blvd, Fernley, NV. 1. ROLL CALL Present: Chairman Jan Hodges, Commissioner Felicity Zoberski, Commissioner Angela Lewis, Commissioner Jenni McCullar, Commissioner Cody Wagner, Taggart & Taggart Attorney David Rigdon, Planning Director Tim Thompson, City Engineer Derek Starkey, Administrative Specialist Lillian Cabral. Absent: Commissioner Paul Unterbrink, 2. PUBLIC INPUT There was none. 3. APPROVAL OF THE AGENDA Motion: MOVE TO APPROVE TODAY S AGENDA, Action: Approve, Moved by Commissioner Cody Wagner, Seconded by Commissioner Felicity Zoberski. Vote: Motion (summary: Yes = 5, Absent = 1). Yes: Chairman Jan Hodges, Commissioner Angela Lewis, Commissioner Cody Wagner, Commissioner Felicity Zoberski, Commissioner Jenni McCullar, Absent: Commissioner Paul Unterbrink. 4. (POSSIBLE ACTION) APPROVAL OF MINUTES Motion: MOVE TO APPROVE THE MINUTES FROM JUNE 13, 2018 MEETING, Action: Approve, Moved by Commissioner Jenni McCullar, Seconded by Commissioner Felicity Zoberski. Vote: Motion (summary: Yes = 5, Absent = 1). Yes: Chairman Jan Hodges, Commissioner Angela Lewis, Commissioner Cody Wagner, Commissioner Felicity Zoberski, Commissioner Jenni McCullar, Absent: Commissioner Paul Unterbrink. 5. PUBLIC HEARINGS F P C 7 / 1 1 / 2 0 1 8 P a g e 1 10
5.1 Public Hearing, SUP 2017-002 Consideration and possible action on A Special Use Permit request from Tim Bertagnolli with T.E. Bertagnolli & Associates, for open & subsurface mining use in the M-1 (General Industrial) zoning district, consisting of 4 parcels totaling ± 151.32 acres, generally located south of Desert Shadows Lane, east of Highland Drive, and west of Sage Brush Road, Fernley, NV. (APN(s): 021-307-09, 021-501-09, 10 and 12). Planning Director Tim Thompson presented this item; he stated the property is located east of Farm District Road, southwest of highway 50 A. The applicant would like to reestablish the use under the City of Fernley s jurisdiction. After reviewing the application there were items of concern regarding the access from Tedford Bridge. The bridge is a private bridge and not owned by the City nor the State of Nevada. The applicant has an agreement with Bureau of Reclamation to place the bridge across the Truckee Canal. Mr. Thompson stated there is concern of the integrity of the bridge over the long-term. The property is zoned Industrial (M1) use. A concern from staff is the legal access to the property. Staff proposed condition #8 regarding the access, and the Special Use Permit will become null and void if the applicant s ability to utilize the Tedford Bridge ceases at any time. Planning Director Thompson stated if the Tedford Bridge becomes impassable than what other alternatives of access will there be to this property. He also stated, if there is no lease than the permit cannot continue. Mr. Thompson stated staff would like to recommend that the Commission Board forward a recommendation of approval to the City Council. PUBLIC INPUT Dennis Anderson, a Mining Engineer working with the applicant requested to change the project name to T.E. Bertagnolli & Associates. Mr. Anderson suggested the language be changed to exclusive route for the project, and added this would be the language for the second part in #8 of the conditions. Commissioner Felicity Zoberski asked who will be maintaining the bridge. Mr. Anderson stated the bridge is owned by two mining companies and they have all agreed to maintain the bridge. T.E. Bertagnolli & Associates will be responsible for 1/3 of the cost for maintenance, stated Mr. Anderson. F P C 7 / 1 1 / 2 0 1 8 P a g e 2 10
Mr. Thompson stated the bridge is a private bridge and people who access the bridge do not have the right to use the bridge. David Rigdon, from Taggart & Taggart, stated the City Attorney s office is opposed to the amendment proposed with regards to the liability for the City. The City Attorney s office does not feel they should direct any contractor on what access they should use. He also stated the City Attorney s office is asking to amend the language with the following language the Special Use Permit should become null and void should applicant s ability to utilize the Tedford Bridge ceased at any time unless an alternative access route is presented to and approved by the Planning Commission, and City Council. The applicant acknowledges the Tedford Bridge is privately owned, and the City of Fernley is not responsible for the design, construction, and maintenance of said bridge prior to issuance of the Special Use Permit. The applicant shall execute in a form and with language approved by the City Attorney and assumption of liability and agreement to indemnify and hold harmless the City of Fernley for any claims or issues related to or arising from the applicant s use of the Tedford Bridge as the primary access for the project. Planning Director Thompson explained if something happened to the bridge the applicant would have the ability to come back and propose an alternative to the City. This would be an amendment to the Special Use Permit and through the process of approval of the Planning Commission & City Council. Dennis Anderson, the Mining Engineer agreed with the language, yet being his company doesn t own the bridge he felt he needed to speak with the other owners and ask if they are in agreement with the new language. Mr. Rigdon stated the City is not asking him to speak on behalf of the other owners. He explained the City of Fernley s Attorney s office is asking T.E. Bertagnolli & Associates and the applicant who is proposing to use the bridge, to agree to the new language. Mr. Anderson stated it would work for his company. Motion: MOVE TO FORWARD A RECOMMENDATION TO CITY COUNCIL FOR SPECIAL USE REQUEST ASSOCIATED WITH SUP 2017-002 TO ALLOW OPEN & SUBSURFACE MINING, AND ADOPTING FINDINGS A-G ALONG WITH SUGGESTED LANGUAGE FROM THE CITY ATTORNEY S OFFICE AND THE FACTS SUPPORTING THESE FINDINGS SET FORTH IN THE STAFF REPORT AND SUBJECT TO THE F P C 7 / 1 1 / 2 0 1 8 P a g e 3 10
CONDITIONS OF APPROVAL 1-20 AND AGAIN ALONG WITH THE STATEMENT FROM THE CITY ATTORNEY, Action: Approve, Moved by Commissioner Angela Lewis, Seconded by Commissioner Jenni McCullar. Vote: Motion (summary: Yes = 5, Absent = 1). Yes: Chairman Jan Hodges, Commissioner Angela Lewis, Commissioner Cody Wagner, Commissioner Felicity Zoberski, Commissioner Jenni McCullar, Absent: Commissioner Paul Unterbrink. 5.2 Public Hearing, SUP 2018-002 Consideration and possible action on a Special Use Permit request from Stepping Stones of Fernley, LLC to allow for an Educational facility and Day Care (large) facility use in the RR-1/2 (Rural Residential One-Half Acre Minimum Parcel Size) and E-2/PD (2nd Estates Residential One-Half Acre) zoning district, on a site totaling ± 2.253 acres, located at 945 & 965 N. Clover Lane, Fernley, NV. APN: 021-331-36 & 39. Planning Director Tim Thompson presented this item; he stated the applicant is proposing an expansion on the Educational and Day Care facility uses in a residential zoning districts. The site is comprised of two parcels each have a different zoning designation. RR-1/2 & E-2/PD (Planned Development). Mr. Thompson stated in prior years the property was included in a planned development in which the uses were established in August of 2009. Planning Director Thompson also stated the City s Development Code requires an approved Special Use Permit to establish for both of the uses. He stated it is unclear why the uses were established through the design review process or through the public hearing process, and the Special Use Permit process. Mr. Thompson stated to ratify the oversight staff is proposing to include both parcels under the Special Use Permit. The access to the property would be north of Clover Lane which is currently an improved road. Mr. Thompson requested a condition requiring the road to be paved prior to the Certificate of Occupancy. Planning Director Thompson stated the City would address the complaints from residents regarding the access to the facility, as well as concerns with speeding and dust problems on Clover Lane. Director Thompson spoke about allowing the developer to have a security bond for the required improvements instead of allowing the paving of Clover Lane prior to completion. He also ask staff to forward a recommendation of approval to City Council. F P C 7 / 1 1 / 2 0 1 8 P a g e 4 10
Public Input Jim Cutler, representing Stepping Stones of Fernley, LLC, stated speeding on Clover Lane is a concern, and the owner is addressing the problem with the children s parents who attend the Day Care. They are working with owners on the Clover Road to post 15 MPH signage. Mr. Cutler stated King Construction will continue to maintain the dirt road several times a year. Kim McCreary, Fernley resident, shared the owners of Stepping Stones provide a service for the community and a great experience for the children. Shawna Tibbals, Clover Lane resident, had a concern of the utilities being installed. She asked the City to consider installing the utilities from Donner Trails instead of Clover Lane. Ms. Tibbals shared it is not comforting knowing the road will be fixed after the Certificate of Occupancy. She also stated there are speed issues on the road. Commissioner Felicity Zoberski asked for clarification if all of Clover Lane is a private road. Planning Director Thompson stated there is public access easements on private property. He explained the public has the right to use the easements as access but it is on private property, and there for is not owned or maintained by the City and not a right of way. Mr. Thompson explained with this project the code requires subdivisions access by public roadways. Carole Brabant, resident and owner on Clover Lane wanted clarification to what the Planning Director stated about a public access easement. She stated it is not a public access easement, it s called an access easement and according to records it is two different things. Commissioner Angela Lewis disclosed that she knows the owners of Stepping Stone Day Care personally. She added the relationship would not affect her vote. Commissioner Jenni McCullar disclosed she live in the vicinity of the Day Care. She added this will not affect her vote. Commissioner Felicity Zoberski disclosed she personally knows Tasha King, the owner of Stepping Stone Day Care. She added this will not affect her vote. F P C 7 / 1 1 / 2 0 1 8 P a g e 5 10
Motion: MOVE TO FORWARD A RECOMMENDATION OF APPROVAL TO CITY COUNCIL FOR A SPECIAL USE PERMIT ASSOCIATED WITH SUP 2018-002 TO ALLOW FOR EDCUATIONAL FACILITY AND DAY CARE FACILITY USE ADOPTING FINDINGS A-G, AND THE FACTS SUPPORTING THESE FINDINGS AS SET FORTH IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL 1 THROUGH 20, Action: Approve, Moved by Commissioner Felicity Zoberski, Seconded by Commissioner Jenni McCullar, Vote: Motion (summary: Yes = 5, Absent = 1). Yes: Chairman Jan Hodges, Commissioner Angela Lewis, Commissioner Cody Wagner, Commissioner Felicity Zoberski, Commissioner Jenni McCullar, Absent: Commissioner Paul Unterbrink. 5.3 Public Hearing, TPM 2018-001 Consideration and Possible Action on a Tentative Parcel Map request from MJ2K LLC Series 2 to subdivide a ±.72 acre parcel into three separate parcels in the NR-1T (Single- Family 6,000 sq. ft. with a Trailer Overlay) zoning district located at 260 Parkland Way, Fernley, NV. APN: 020-421-01. Planning Director Tim Thompson presented the Tentative Parcel Map to subdivide three separate parcels located in Villa Mobile Home Park. Planning Director Thompson is recommending approval to City Council subject to the conditions of approval. PUBLIC INPUT Rick Christian, Surveyor on behalf of the applicant, was there to answer questions. Commissioner Jan Hodges asked about the wall from the east, if it will continue. Rick Christian stated it would be the owner s choice and he has not had any conversations with the owner in regard to the continuance of the wall. Jim Cutler of Groundbreaking Developing, explained the wall will be commercially driven through the marketing of the property and once homes are built. Planning Director Tim Thompson stated the code may require the extension of the wall. Commissioner Angela Lewis disclosed she has done real estate transactions in the past with the applicant. She added this will not affect her vote. F P C 7 / 1 1 / 2 0 1 8 P a g e 6 10
Motion: MOVE TO APPROVE THE TENTATIVE PARCEL MAP REQUEST ASSOCIATED WITH TPM 2018-001, ADOPTING THE FINDINGS A-F, AND THE FACTS SUPPORTING THESE FINDING AS SET FORTH IN THE STAFF REPORT AND SUBJECT TO THE CONDITIONS OF APPROVAL 1-7 AS LISTED IN THE STAFF REPORT, Action: Approve, Moved by Commissioner Cody Wagner, Seconded by Commissioner Felicity Zoberski, Vote: Motion (summary: Yes = 5, Absent = 1). Yes: Chairman Jan Hodges, Commissioner Angela Lewis, Commissioner Cody Wagner, Commissioner Felicity Zoberski, Commissioner Jenni McCullar, Absent: Commissioner Paul Unterbrink. 5.4 Public Hearing, TPM 2018-002 Consideration and Possible Action on a Tentative Parcel Map request from Kim & Susan McCreary, to subdivide a ± 19.5 acre parcel into two separate parcels in the RR-1 (Rural Residential, 1 Acre Minimum Parcel Size) zoning district located at 2405 Farm District Road, Fernley, NV. APN: 021-303-60. Planning Director Tim Thompson presented the Tentative Parcel Map request to split the property into two parcels. The property is located south of Farm District Road, and adjacent to the Truckee Canal. Staff is recommending the approval of the Tentative Parcel Map. Angela Fuss, Planning Manager with Lumos & Associates on behalf of Kim & Susan McCreary explained the purpose is to split the parcel into two separate parcels. She also stated there are no plans for development or for a change of use. Lumos & Associates are in agreement with all the conditions of approval, Fuss stated. Commissioner Angela Lewis disclosed that she knows the applicant personally and her relationship would not affect her vote. Commissioner Jenni McCullar disclosed that she knows the applicant personally and her relationship would not affect her vote. Motion: MOVE TO APPROVE THE TENTATIVE PARCEL MAP REQUEST ASSOCIATED WITH TPM 2018-002, ADOPTING THE FINDINGS A-F, AND THE FACTS SUPPORTING THESE FINDING AS SET FORTH IN THE STAFF REPORT AND F P C 7 / 1 1 / 2 0 1 8 P a g e 7 10
SUBJECT TO THE CONDITIONS OF APPROVAL 1-7 AS LISTED IN THE STAFF REPORT, Action: Approve, Moved by Commissioner Jenni McCullar, Seconded by Commissioner Angela Lewis, Vote: Motion (summary: Yes = 5, Absent = 1). Yes: Chairman Jan Hodges, Commissioner Angela Lewis, Commissioner Cody Wagner, Commissioner Felicity Zoberski, Commissioner Jenni McCullar, Absent: Commissioner Paul Unterbrink. 6. PRESENTATION, DISCUSSION AND POSSIBLE ACTION: 6.1 Pre-Conference Feasibility Report, PCF 201-002 Presentation, discussion and possible direction on a Pre-Conference Feasibility report for Hardie Lane Townhomes to allow for an approximately 73 parcels with town home units and two parcels of common space. The proposed project site consists of ± 6.42 acres in size located at 905 Hardie Lane, Fernley, NV. APN: 021-121-19. Planning Director Tim Thompson stated this Pre-Conference Feasibility report is a requirement for all Tentative Subdivision Map. Dave Snelgrove Planning & Right of Way Manager for CFA Inc., working with the applicant Trident Plus, LLC, presented the map for the potential project. He explained the property is 6.4 acre property, directly across of the Fernley Pool. Mr. Snelgrove shared the property will provide a mix of 1, 2 and 3- bedroom townhouse units of ownership. The Conceptual Site Plan identifies 71 townhouse units, he stated. Commissioner Cody Wagner stated there is a concern about affordable housing. And, he felt the City needs more projects like this one. Mr. Wagner asked about a price range of these townhomes. Mr. Snelgrove stated prices could be from $180,000-$240,000 depending on the bedroom size. Commissioner Felicity Zoberski asked if trees on the parcels could be saved and used in the common areas. Mr. Snelgrove shared he would like to keep some trees, yet would depend on the condition of the trees. Commissioner Angela Lewis asked Mr. Snelgrove to clarify the road access. Mr. Snelgrove stated one of the access roads into the property will be from Hardie Lane & Cottonwood Lane, and possibly a loop road. F P C 7 / 1 1 / 2 0 1 8 P a g e 8 10
Commissioner Angela Lewis asked if the City would be installing sidewalks on the eastside of Hardie Lane, and what the time frame will be. City Engineer Derek Starkey stated the City will be installing curb & sidewalks on both sides of Hardie Lane. Mr. Starkey stated the project will be at least a year of construction starting in August. Commissioner Felicity Zoberski asked if there will be any fencing constructed around the townhomes. Mr. Snelgrove stated the project owner has not decided. 7. CHAIR AND COMMISSION ITEMS: There was none. 8. PLANNING DIRECTOR ITEMS: Planning Director Thompson updated the Planning Commission on the timeline for the Master Plan amendment. Mr. Thompson shared that Mayor Edgington and he met with two applicants for the vacant seat on the Planning Commission Board. The Mayor will appoint an applicant in the next few weeks, and he or she will serve starting the August meeting. 9. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. There was none. 10. PUBLIC INPUT There was none. ADJOURNMENT. F P C 7 / 1 1 / 2 0 1 8 P a g e 9 10
There being no further business to come before it, the Fernley Planning Commission meeting adjourned at 6:43 pm. Approved by the Fernley Planning Commission on August 8, 2018, by a vote of: AYES: NAYS: ABSTENTIONS: ABSENT: ATTEST: Chairman Jan Hodges F P C 7 / 1 1 / 2 0 1 8 P a g e 10 10