The Lyon County Planning Commission met this day with the. following members present: Chuck Roberts, Chuck Davies, Ray

LYON COUNTY PLANNING COMMISSION REGULAR AGENDA COMMISSIONERS MEETING ROOM LYON COUNTY ADMINISTRATIVE COMPLEX 27 SOUTH MAIN STREET YERINGTON, NEVADA FEBRUARY 8, 2005 The Lyon County Planning Commission met this day with the following members present: Chuck Roberts, Chuck Davies, Ray Fierro, Paula Rosaschi, Ray Johnson, and Ken Gardner. George Mortensen was absent for a portion of the meeting. Attending staff were Steven Hasson, Planning Director, Leon Aberasturi, Lyon County District Attorney and Kerry Page, Planning Secretary. Phyllis Hunewill, Lyon County Commissioner was also present. PUBLIC PARTICIPATION Ken Gardner took a moment to thank staff for their efforts in getting all the necessary information to the commission members. Ray Fierro spoke about planning and zoning issues that currently concern him and Lyon County. Mr. Fierro read from a book on the subject that asked whether or not the current, minimum lot sizes established by the planning and zoning regulations, should be the standard lot sizes for future development. If minimum zoning of 12,000 sq. ft. is all that is being approved, Mr. Fierro feels that the Planning Commission is not doing its job effectively. There is a natural distribution that needs to be considered. If we only allow the larger sized lots, we are eliminating an entire socio-economic group, being the lower income residents, and Mr. Fierro feels this issue should be considered. APPROVAL OF THE MINUTES Paula Rosaschi made a motion to APPROVE the minutes from the January 11, 2005 meeting with one correction. Chuck Roberts seconded and it passed by majority vote. Ken Gardner abstained as he was absent from the previous meeting. MISCELLANEOUS CORRESPONDENCE No miscellaneous correspondence was presented. 1

REGULAR AGENDA WERNER, KURT & NANCY/YERINGTON CHURCH OF CHRIST MASTER PLAN AMENDMENT The applicants have filed to amend the master plan from Low Density Residential to Commercial on approximately 2.43 total acres, all located within a portion of the SW 1/4 of the NE 1/4, Section 9, T.13N., R.26E., M.D.M.; 2 South Willhoyt Lane, Mason Valley. (APN 14-611-09) (action will be taken) Kurt Werner, applicant, represented his request. The comments from the Nevada Department of Transportation were read into the record. A letter submitted by Peggy Rupert, owner of the Country Sunflower, located across the highway from subject property was read into the record. Steven Hasson, Planning Director, presented to the Planning Commission, his plans for future submittals of planning applications. He then proceeded to give his perspective of the subject master plan amendment. Kurt Werner gave a brief narrative of his experience in the equipment rental business and his plans for the property. The business will provide rental of light equipment for residents and contractors throughout the community and stated that there is commercially zoned property in the immediate area. Mr. Werner answered the questions of the Planning Commission members. Ray Fierro stated that a sight obscuring fence should be considered. Mr. Werner explained the kind of fence that he is planning to install. Chuck Roberts asked about the surrounding zoning. Mr. Hasson clarified the zoning. Ray Johnson said that this looks like spot zoning. It was determined that this is not. Ken Gardner made a motion to approve the master plan amendment as agendized. Paula Rosaschi seconded and the motion passed unanimously. A report and resolution will be sent to the Board of County Commissioners. CINGULAR WIRELESS/HOUGHTBY, LARRY/SIERRA PACIFIC POWER COMPANY SPECIAL USE PERMIT The applicants have filed for a Special Use Permit to construct a Wireless Communication Facility on approximately 2.42 acres, all located within a portion of the N 2

1/2 of Section 19, T.18N., R.25E., M.D.M.; Lots 27, 28, 29 & 30, and a portion of Lots 25 & 26, Block 80, Silver Springs Subdivision; located on Mountain Drive, Silver Springs. (APN 18-092-20) (action will be taken) Larry Houghtby, represented Verizon Wireless. The Nevada Department of Transportation had no comments. A letter from the Silver Springs Airport was read into the record. A letter from the Silver Springs Chamber of Commerce was also read into the record. Steve Hasson, Planning Director, gave his comments regarding the application as it relates to the draft cell tower ordinance which is currently being considered. Chuck Roberts asked if it is reasonable to deny the application on the basis that the tower is proposed to be constructed outside the highway setback requirement stated in the draft ordinance, being that the ordinance is not yet adopted. Mr. Hasson stated that anytime you have a special use permit you can add any viable and reasonable conditions of approval that are not in violation of any State or County regulations. Further discussion followed about various conditions recommended. Ray Johnson conveyed the concerns of the Silver Springs Advisory Board which stated that they are not opposed to cell towers in the area just that the applicant may have chosen the wrong spot being that it is within an established flight pattern. Larry Houghtby stated he had reviewed the draft ordinance after submitting the application and feels the setback requirement in the ordinance is excessive. He said that the 1500 feet setback greatly limits the effectiveness of the facility and limits their ability to provide cellular service to residents. Other areas and counties don t prohibit wireless facilities; they do, however, set design criteria. Mr. Houghtby said that he did discuss this with his colleagues and they want to propose a redesigned tower that is a slim-line design which will be a less intrusive visual. Houghtby offered photographs to the Planning Commission. Mr. Mr. Houghtby stated that he will comply with all the F.A.A. 3

regulations and feels that by lowering the pole height he is eliminating the safety hazard to the airport and by placing the pole at the rear portion of the existing power plant he is eliminating the negative visual impact. Further discussion followed regarding service area coverage, the close proximity of the Silver Springs Airport and the conditions of approval being proposed. Kay Bennett, representing Silver Springs Chamber of Commerce and Silver Springs Airport, presented photographs of how various local organizations have worked hard to restore beauty to the four corners area of Silver Springs and feels that placing this cell tower in plain sight is an insult to their efforts. Mrs. Bennett stated that there are many other usable areas available for placement of a wireless facility and is willing to work with the applicant to find a better location. Flight patterns and height requirements were discussed. Sandy Duncan, Dayton resident, stated that according to Trent Moyers, the statewide aviation program coordinator for NDOT, the county, regardless of F.A.A. regulations, should reserve the right to impose lighting conditions as they see fit. Area residents, Dorothy Johannes and Glen Schaefer stated their concerns for the record. Chuck Davies asked Mr. Houghtby if he would consider a continuance as an opportunity to meet with the community for further discussion regarding a possible relocation of the site. Mr. Houghtby agreed. Ken Gardner made a motion to continue the special use permit application for 60 days, at the applicant s request. Ray Fierro seconded and the motion passed unanimously. LEE, STEPHEN K. & WEI-HSIU, TRS. MASTER PLAN AMENDMENT The applicants have filed to amend the master plan from Low Density Residential with a small portion Commercial to Commercial on approximately 50 acres, and Low Density Residential on the remainder of a 167.18 total acre parcel, all located within a portion of the SW 1/4 of Section 31, T.18N., R.25E., M.D.M.; located off of Quince Avenue, Silver Springs. (APN 15-281-17) (action will be taken) Dennis Smith, Western Engineering, 4

represented the applicant. Ken Gardner made a motion to hear items #3 and #4 together and to vote on them separately. Paula Rosaschi seconded and the motion passed unanimously. George Mortensen arrived. The comments from the Nevada Department of Transportation were read into the record. Steve Hasson stated it is the applicant s request that these items be continued for 60 days as the application was incorrectly presented and needs to be corrected. Dennis Smith agreed and requested a 60 day continuance. Ken Gardner made a motion to continue the master plan amendment request for 60 days at the applicant s request. Paula Rosaschi seconded and the motion passed unanimously. LEE, STEPHEN K. & WEI-HSIU, TRS. CHANGE OF LAND The applicants have filed to change the zoning from RR-2T (Rural Residential 2 acres minimum with trailer overlay) to C-1 (Limited Commercial District) on approximately 13.50 acres, in addition to the existing 36.5 +- acres of C-1 zoned property, of a 167.18 total acre parcel, all located within a portion of the SW 1/4 of Section 31, T.18N., R.25E., M.D.M.; located off of Quince Avenue, Silver Springs. (APN 15-281-17) (action will be taken) Dennis Smith, Western Engineering, represented the applicant. George Mortensen arrived. Ken Gardner made a motion to continue the change of land request for 60 days at the applicant s request. Paula Rosaschi seconded and the motion passed unanimously. CANYON CREEK CONSTRUCTION, INC./M.W. SULLIVAN INC./CROSBY, KATHRYN SPECIAL USE PERMIT The applicants have filed for a special use permit to operate a sand and gravel borrow pit on approximately 160 total acres, all located within a portion of the SE 1/4 of Section 6, T.17N., R.24E., M.D.M.; located approximately one mile south of U.S. Hwy 50 at Stagecoach Drive, Stagecoach. (APN s 15-531-09, 10, 11, & 12) (action will be taken) Steven Hasson, Planning Director, stated that the applicant has written a letter to request a 60 day continuance 5

for this application. Mr. Hasson stated that he wants to discuss this item with the applicant to review the conditions of approval with him. Kerry Page asked if the correspondence needed to be read into the record at this point. Chuck Roberts said it would be best to wait until the item is heard. Ray Johnson made a motion to continue the special use permit application for 60 days, at the applicant s request. Ken Gardner seconded and the motion passed unanimously. GOLD CANYON DEVELOPMENT, LLC MASTER PLAN AMENDMENT The applicants have filed to amend the master plan from Open Space to Low Density Residential on approximately 430.65 +- acres, all located within a portion of Section 31, T.18N., R.23E., M.D.M.; located north of Highway 50 in the Stagecoach area. (APN 15-021- 01) (action will be taken) Dennis Smith, Western Engineering, represented the items. Ray Fierro made a motion to hear items 6, 7, 8 & 9 together and vote on them separately. Ken Gardner seconded and the motion passed unanimously. The comments from the Nevada Department of Transportation were read into the record. The comments from the Stagecoach Advisory Board were read into the record. Steven Hasson, Planning Director, read the staff comments and gave a brief description of the requests. Dennis Smith gave a brief description of these requests. With the previous application for an industrial use, several Stagecoach residents had concern with the impact an industrial use would have on a residential neighborhood. Mr. Smith s client recognized that industrial would not be an appropriate use for the property and is being brought back as a residential use. Mr. Smith feels that the surrounding area supports a master plan change to low density from open space as well as a zone change to 5 acre parcels. The developer is attempting to get a plan approved so that they can then take that plan back to Storey County for a zone change but Lyon County must be accommodated first. Mr. Smith stated that access is the big issue. The immediate access is from Iron Mountain Blvd. 6

Alternative accesses are being looked at. Paula Rosaschi asked how the development will benefit the community. Mr. Smith answered that there are compatible lot sizes in the area and the developer can bring better infrastructure and road circulation patterns into the community and the roads will be required to be paved. A discussion followed regarding the increase in population and the impact of that increase. Ray Fierro feels it is important to coordinate with Storey County. Mr. Smith agreed and said that he now needs to go to Storey County to have that portion of the land rezoned back to residential. Storey County feels that industrial is the highest and best use for their property but without the infrastructure to support industrial Mr. Smith agrees that residential is more appropriate. Ray Johnson stated that Stagecoach is in the process of upgrading their master plan but for now we have to use the master plan as it is. He mentioned that the committee found 5 acre lots acceptable mainly because they couldn t fight it. Mr. Smith said he would like to be involved with those master plan discussions. Ogle Byers and Martha Truesdale, both residents of Stagecoach, voiced their opinions for the record. Dennis Smith stated that water rights are available in the Stagecoach basin Water rights are currently being transferred out of the Stagecoach basin into the Dayton area for development. The Stagecoach General Improvement District wants to keep as much water within their portion of the basin, Stagecoach being a part of the Dayton basin. The State engineer is allowing water to go from Stagecoach to Dayton but not allowing the reverse which makes keeping water in this area a critical issue. There are private water rights available so obtaining them is expensive but not impossible. Chuck Roberts asked if it would be more appropriate to decide on these applications, which might consume all the available resources and deprive others the opportunity to develop their property, until after the area master plan is in place. Dennis Smith answered that the reality is that no 7

matter what plan is decided upon, the water rights will be deficient in that water basin. The State engineer has over appropriated the water rights in that area to the point that he is concerned and is looking for ways to reduce the water right allocation. Further discussion followed regarding water issues. Chuck Davies feels that these applications are premature and should wait until the master plan is in place so that these can be community decisions. Steven Hasson responded to Dennis Smith s statements and agrees that it should be a community decision which is always incorporated into the master plan. Ray Johnson made a motion to deny the master plan amendment as there was not enough evidence presented to support the request. Paula Rosaschi seconded and the motion passed unanimously. GOLD CANYON DEVELOPMENT, LLC CHANGE OF LAND The applicants have filed to change the zoning from RR-5 (Rural Residential 20 acres minimum) to RR-3 (Rural Residential 5 acres minimum) on approximately 430.65 +- acres, all located within a portion of Section 31, T.18N., R.23E., M.D.M.; located north of Highway 50 in the Stagecoach area. (APN 15-021-01) (action will be taken) Ray Johnson made a motion to deny the change of land application as the master plan amendment did not pass. Ken Gardner seconded and the motion passed unanimously. GOLD CANYON DEVELOPMENT, LLC MASTER PLAN AMENDMENT The applicants have filed to amend the master plan from Open Space to Low Density Residential on approximately 120 +- acres, all located within a portion of Section 1, T.17N., R.22E., M.D.M.; located north of Highway 50 in the Stagecoach area. (APN 15-311-07) (action will be taken) Ray Johnson made a motion to deny the master plan amendment as there was not enough evidence presented to support the request. Ken Gardner seconded and the motion passed unanimously. GOLD CANYON DEVELOPMENT, LLC CHANGE OF LAND The applicants have filed to change the zoning from RR-5 (Rural Residential 8

20 acres minimum) to RR-3 (Rural Residential 5 acres minimum) on approximately 120 +- acres, all located within a portion of Section 1, T.17N., R.22E., M.D.M.; located north of Highway 50 in the Stagecoach area. (APN 15-311-07) (action will be taken) Ray Johnson made a motion to deny the change of land application as the master plan amendment did not pass. Ken Gardner seconded and the motion passed unanimously. DAYTON VALLEY ESTATES / DAYTON PROPERTY PARTNERS, LLC TENTATIVE SUBDIVISION MAP The applicants have filed for a Tentative Subdivision Map for a proposed 80 unit residential development on approximately 30 total acres, all located within a portion of the S 1/2 of the SW 1/4 of Section 28, T.17N., R.22E., M.D.M.; located south of Highway 50 in the Mark Twain area. (APN 16-025-04) (action will be taken) Dennis Smith, Western Engineering, represented the applicant. The comments from the Nevada Department of Transportation were read into the record. The comments from the Dayton Regional Advisory Council were read into the record. A letter from the Division of Environmental Protection was read into the record. Steve Hasson, Planning Director, stated that his recommended conditions of approval have been reviewed by the applicant. Dennis Smith discussed the concerns of the Dayton Regional Advisory Council regarding the power lines and stated that those lots will be reconfigured and cooperation will be made with Lumos & Associates for drainage issues. Mr. Smith further clarified the development plans. Steven Hasson mentioned the necessity of a name change for the subdivision. Mr. Smith said that would be no problem and after a brief review of the 21 conditions of approval he didn t see any problems. Craig Schmidt, representing Dayton Property Partners, said that a stucco soundwall will be created along the highway. Chuck Davies made a motion to approve the tentative subdivision map subject to items 1-21 of the letter of conditions submitted by 9

the Planning Director. Ken Gardner seconded and the motion passed unanimously. George Mortensen was absent for the rest of the meeting. THE LAKES AT DAYTON VALLEY PLANNED UNIT DEVELOPMENT, VILLAGE 9 TENTATIVE SUBDIVISION MAP CONTINUANCE The applicants have filed for a Tentative Subdivision Map for a proposed 234 unit residential development on approximately 56 total acres all located within portions of the W 1/2 of Section 17, T.16N., R.22E., M.D.M., and a portion of the NE 1/4 of Section 18, T.16N., R.22E., M.D.M.; a portion of Parcel #3 & #4 of BAM #259102, and a portion of SM #318690; all located in the Dayton Valley area. (APN s 16-361-42, a portion of 16-361-43, and 29-132-04) (action will be taken) Glen Martel, of Lakemont Homes and Dayton Valley Investors, represented the applicant. The comments from the Nevada Department of Transportation were read into the record. A letter from Charlie Duke, President of the Dayton Valley Community Association, was read into the record. The comments from the Dayton Regional Advisory Council were read into the record. Ken Gardner made a motion to hear items 11 and 12 together and to vote on them separately. Paula Rosaschi seconded and the motion passed unanimously. Steven Hasson stated his recommendations for approval and defined transportation and drainage issues. Mr. Hasson stated that the developer should meet with staff to discuss items #8 & #9 for Village 9, and items 21 & 32 for Village 10-14, before the item goes before the Board of County Commissioners in March and items. Mr. Hasson read those specific items into the record. Chuck Davies asked for clarification on item #9 of the list of conditions in regards to the drainage easements. Steve Hasson said that efforts will be made to secure the easements from the individual property owners and feels that the owners shouldn t have a problem with offering the easements as the results will benefit them in the long run. Glen Martel introduced Joe Wade, managing partner of Dayton Valley Investors, and concurred with 10

the statements of the Planning Director. Discussions with staff have already begun and will be complete prior to the next Commissioner meeting. Chuck Davies stated that there will exist substantial drainage facilities such as detention ponds etc., and asked if the maintenance of the drainage facilities has been considered. Mr. Martel said that the first plan is for the homeowners association to have a maintenance company, but longer term, they have discussed with the county the possibility of applying a portion of impact fees or taxes to the cost of maintenance for the drainage facilities. Further discussion followed regarding the funding and construction of the drainage facilities. Paula Rosaschi asked Mr. Martel about the construction of the detention ponds proposed to be built on the adjoining BLM land. Mr. Martel clarified those plans. Ledo Quilici, adjoining property owner, spoke about a 1993 agreement between Lyon County, John Lawrence, Inc. and Quilici Ranch Corporation for a 60 foot easement, from Dayton Valley Road to the Quilici property, that has not been considered on this or any map. Mr. Quilici stated that his corporation will hold Lyon County and the developers accountable to the contract. Mr. Quilici further stated that if the drainage isn t taken care of now it will impact his ranch. Mr. Martel addressed the issue and stated that a map cannot be recorded until the easement is resolved to the satisfaction of the Quilici s. A discussion followed regarding the use of impact fees that may be imposed in the future. Chuck Davies asked for clarification of condition #12 for Villages 10-14, as it relates to the construction of Dayton Valley Road. Mr. Martel gave a description of their plans for construction of Dayton Valley Road. Ray Fierro asked if there are any plans for fencing or a soundwall between this development and the adjoining five acre parcels. Mr. Martel stated that a six foot wooden fence is proposed, and along the BLM land a six foot wrought iron fence is proposed so the homeowners can take advantage of the views. A discussion 11

followed regarding access to the golf course and open space, and landscaping. Paula Rosaschi stated that if the homeowner s association will be taking care of maintenance for the open space and the golfing association will be maintaining the golf course, there needs to be some sort of designation between the two areas. Mr. Martel said yes, there will be designated areas for both. Chuck Davies asked the developer if they would have any problem in meeting any FAA requirements that might arise. Mr. Martel stated he sent a notice to construct letter to the FAA and received notification back stating that they did not present a hazard to any navigation, and that letter is valid for one year and then needs to be resubmitted. Mr. Martel said that avigation easements will be on the final map and also in the CC&R s. In response to Chuck Davies comments regarding the detention facilities, Charles Macquarie, acting as Lyon County Engineer, clarified the placement and funding for that facility, adding that the downstream facility will be maintained by the county. Sandy Duncan, Dayton resident, expressed her concern in having a large detention pond at the end of the runway and the need for additional paperwork to be submitted to the FAA. Mr. Martel responded. Dorothy Johannes, Dayton resident, asked if there is a buffer zone between the five acre parcels and the development. Mr. Martel clarified by stating that the school site will be the buffer, as previously discussed. Paula Rosaschi asked for a discussion regarding the plans for the motor coach resort and the casino. Mr. Martel responded. Chuck Davies made a motion to approve the tentative subdivision map subject to items 1 15 of the letter of conditions prepared by County staff and, 16) all Nevada Department of Transportation requirements, 17) working with staff to resolve any outstanding issues in relation to conditions 8 & 9 of the submitted letter, prior to the upcoming Board of Commissioners hearing, 18) all FAA, State, Federal and County requirements, 19) all easements be shown on the map. Ken Gardner seconded and the motion passed 12

by majority vote (5-1-1). George Mortensen was absent. Ray Fierro opposed. THE LAKES AT DAYTON VALLEY PLANNED UNIT DEVELOPMENT, VILLAGES 10-14, MIRA VIDA, AND MOTOR COACH RESORT TENTATIVE SUBDIVISION MAP CONTINUANCE - The applicants have filed for a Tentative Subdivision Map for a proposed 1,918 unit residential development on approximately 600 acres including 37 acres of Hotel/Casino, 16 acres of Elementary School, and 90 acres of golf course, all located within a portion of Section 17 & 18, T.16N., R.22E., M.D.M.; a portion of Parcel 4 of PM #90411, and a portion of Parcel 4 of BAM #259102, and a portion of Parcel C of PM #330501 and a portion of Parcel B of SM #175796; all located in the Dayton Valley area. (APN s 16-361-08, a portion of 16-361-42, 16-351-17 and a portion of 16-361-32) (action will be taken) Chuck Davies made a motion to approve the tentative subdivision map subject to items 1 33 of the letter of conditions prepared by County staff, and 34) all Nevada Department of Transportation requirements, 35) working with staff to resolve any outstanding issues in relation to conditions 20, 21 & 32 of the attached letter of conditions, prior to the upcoming Board of Commissioners hearing, 36) all FAA, State, Federal and County requirements, 37) all easements be shown on the map. Ken Gardner seconded and the motion passed by majority vote (5-1-1). George Mortensen was absent. Ray Fierro opposed. SANTA MARIA PLANNED UNIT DEVELOPMENT TENTATIVE SUBDIVISION MAP EXTENSION OF TIME The applicants have filed for a one year extension of time on the Tentative Subdivision Map for a proposed 554 lot Planned Unit Development on approximately 970.18 total acres, all located within portions of Section 26, 27, 28, 33, 34 & 35, T.16N., R.21E., M.D.M.; located off of US Highway 50 East, in the Dayton area. (APN s 16-151-94, 16-261- 07, 16-261-11, 12, 13, 14, 15, 16 & 17) (action will be taken) Dennis Smith, Western Engineering, represented the applicant. 13

The Nevada Department of Transportation had no comments. A letter of approval from the Dayton Regional Advisory Council was read into the record. A memo from the Lyon County Assessor s office regarding deferred property taxes was read. Steve Hasson, Planning Director, explained the request. Ken Gardner made a motion to approve the tentative subdivision map extension of time as agendized. Ray Johnson seconded and the motion passed unanimously. SANTA MARIA PLANNED UNIT DEVELOPMENT REVISED TENTATIVE SUBDIVISION MAP The applicants have filed a revision to the previously approved Tentative Subdivision map for a proposed 554 lot Planned Unit Development on approximately 970.18 total acres, all located within portions of Section 26, 27, 28, 33, 34 & 35, T.16N., R.21E., M.D.M.; located off of US Highway 50 East, in the Dayton area. (APN s 16-151-94, 16-261-07, 16-261-11, 12, 13, 14, 15, 16 & 17) (action will be taken) Dennis Smith, Western Engineering, represented the applicant. A discussion was held regarding how the request was agendized. It was determined that the item was agendized incorrectly and advice from counsel was sought. Leon Aberasturi, Lyon County District Attorney stated that the item should not be heard by the Planning Commission today and should go directly to the Board of County Commissioners. This is because of the timelines involved and noticing requirements. No action was taken due to the item being incorrectly agendized. On the advice of counsel this item will be forwarded to the Board of County Commissioners in its correct form. HARRIS SALINAS REBAR, INC./MILES PROPERTIES, INC. SPECIAL USE PERMIT The applicants have filed for a special use permit to operate a rebar fabrication business from a commercial coach on approximately 5.34 total acres, Parcel A-1-1-B-2, Record of Survey Map #249416, all located within a portion of the SW 1/4 of the SW 1/4 Section 20, T.16N., R.21E., M.D.M.; 67 Industrial Parkway, Mound House. (APN 16-162-12) (action will be taken) 14

The Nevada Department of Transportation had no comments. A letter from Empire Contractors LLC, was read into the record. Steven Hasson, Planning Director, explained the applicant s request. Larry Ward, manager of Harris Salinas Rebar, clarified his application. Mr. Ward agreed to place a soundwall around the generator which was the request made by the owner of Empire Contractors LLC. Mr. Ward asked about the handicap access requirement. Mr. Hasson clarified that requirement. Ray Fierro made a motion to approve the special use permit subject to items 1 10 of the submitted letter of conditions prepared by County staff, and 11) the construction of a sound barrier wall be built around the generator. Ken Gardner seconded and the motion passed unanimously. V & T MANAGEMENT, LLC SPECIAL USE PERMIT - The applicants have filed for a special use permit for watchman s quarters on approximately 4.29 acres, Lot B, Block A of ROS #118102, all located within a portion of the SE 1/4 of the SW 1/4 of Section 20, T.16N., R.21E., M.D.M.; located off of Laxalt Drive, Mound House. (APN 16-161-05) (action will be taken) Phil Cowee, represented the applicant. The Nevada Department of Transportation had no comments. Steven Hasson, Planning Director, explained the request. A discussion followed regarding clarification of some of the staff recommendations. Phil Cowee, of V & T Management, explained that this special use permit is an extension of the existing Comstock R.V. Park & Storage. This proposed project will be approximately 25,000 square feet of covered, individualized and secured units, with additional covered storage space to follow in the next year or two. Mr. Cowee stated that this will be a brand new mobile home and his sister-in-law will be the resident watchman and due to the recent burglaries in the area he feels a watchman s quarters is a necessary addition to this business. Mr. Cowee further stated that he is familiar with the list of recommended conditions submitted by staff. Paula Rosaschi asked Mr. Cowee 15

when the business might be up and running. Mr. Cowee responded that he would like it to be operational when people start pulling their boats off the lake next fall, with the watchman s quarters ready in May or June and construction to begin at that same time. Paula Rosaschi clarified that the business should be ready to begin within six months. Paula Rosaschi made a motion to approve Paula Rosaschi made a motion to approve the special use permit subject to items 1 14 of the submitted letter of conditions prepared by County staff and, 15) annual review, 16) the business being operational within six months. Ken Gardner seconded and the motion passed unanimously. SPECIAL USE PERMIT REVIEWS Ken Gardner made a motion to extend the special use permit reviews as a consent agenda item with the exception of #6, #7, #9, #13, #14, and #17. Ray Fierro seconded and the motion passed unanimously. The following special use permits have been extended for one year subject to all the original conditions: BRANDENBURG, CHARLES A. Permit issued 2/1/1988 to utilize a mobile home for a resident watchman located at 16 Julius Lane, Mound House (APN 16-221-05) CHADWICK, MIKE / HOLLOWAY, PAUL & MARGARET Permit issued 2/1/1996 to utilize a commercial coach as an office located at 32 Cash Drive, Mound House (APN 16-183-08) JOHNSTON, JOHN LEROY III Permit issued 2/1/1992 to utilize a mobile home for a watchman s quarters located at 77 Laxalt Drive, Mound House (APN 16-161-03) LONGYEAR COMPANY Permit issued 2/1/1989 to utilize a mobile home for watchman s quarters located at 32 Stokes Drive, Mound House (APN 16-181-07) SENSIBAUGH, EDWARD & DAWNA R. Permit issued 2/1/2000 to utilize an existing mobile home for watchman s quarters located at 10087 Highway 50 East, Mound House (APN 16-232-16) 16

LEIBER, BELA & BARBARA Permit issued 2/1/1995 to utilize a second mobile home as a hardship case, for family members to live in while helping care for Barbara Leiber, located at 3455 Elm Street, Silver Springs (APN 18-405-74) POULTER TRUCKING / POULTER, DONALD & VICKIE Permit issued 2/1/1996 for the operation of a gravel and sand pit and to utilize a mobile home for watchman s quarters in conjunction with the sand and gravel pit and equipment storage lot located at 2315 Almond Drive, Silver Springs (APN 15-261-05) SELMA TREATING COMPANY / NEVADA WOOD PRESERVING / PACIFIC WOOD PRESERVING OF BAKERSFIELD Permit issued 2/1/2003 to operate an existing wood treatment plant and modified on May 14, 2002 to utilize only one mobile home for watchman s quarters located at 1680 Spruce Avenue, Silver Springs (APN 18-430-01 through 18-430-12, and 18-430-15 through 18-430-18) WHITE, KIRK E & CATHERINE E Permit issued 2/4/2004 to construct a mini storage facility located at 3870 & 3850 South Highway 95A, Silver Springs (APN s 18-412-06 & 18-412-07) E L W RANCHES INC. #1 Permit issued 2/1/1991 to utilize a mobile home for ranch help located at 92 East Walker Road, Mason Valley (APN 12-541-01) E L W RANCHES INC. #2 permit issued 2/2/1991 to utilize a mobile home for ranch help located at 92 East Walker Road, Mason Valley (APN 12-541-01) BURNETT, SHARON Permit issued 2/1/1994 to utilize a mobile home for ranch help located at 16 Crosby Lane, Smith Valley (APN 10-371-03) FLYING A RANCH Permit issued 2/1/1993 to utilize the existing mobile home located on the property for ranch help located at 160 Jessen Road, Smith Valley (APN 10-111-42) The following special use permit reviews were acted on individually: MILLER, LEE & GLADYS Permit issued 12/1/1989 to place a mobile home for watchman s purposes located at 5000 Highway 50 East, 17

Mound House (APN 16-041-02) Chuck Roberts stated that this item was continued from the December Planning Commission meeting so a letter could be sent to the special use permit holder requesting confirmation that the business is in fact closed and the mobile that was used as a watchman s quarters is no longer on the property. Kerry Page stated that the Lyon County Building Department has inspected the property and determined that the mobile home is gone and a phone call from Mr. Miller reinforced that. Ken Gardner made a motion to recommend revocation of the special use permit as the business is closed. Paula Rosaschi seconded and the motion passed unanimously. MKD CONSTRUCTION, INC. Permit issued 2/3/2003 to allow for the use of a commercial coach on the property for up to two years during construction of a permanent office building, located at 20 Stokes Drive, Mound House (APN 16-181-15) Kerry Page stated that Pamela Rodeman had noted that the company s business license was for a different address. In a phone call to MKD Construction it was stated that they are behind in the construction of a permanent address at the Stokes Drive address and have been running the business out of the Laxalt Drive location and that they expect construction of the permanent facility to begin in about six months. Ken Gardner made a motion to extend the special use permit for one year. Johnson seconded and the motion passed by majority vote. Ray Ray Fierro opposed. ROGERS, WILLIAM G. Permit issued 2/1/1995 to construct and operate mini storage units located at 3365 Prospect, Silver Springs (APN 18-383-09) Kerry Page stated that the property has been sold and therefore the special use permit becomes invalid. Ray Johnson made a motion to revoke the special use permit as the property has been sold. Chuck Davies seconded and the motion passed unanimously. DAVIS, WALLACE A. Permit issued 5/1/1992 for a gravel operation located at 45 Davis Lane, Silver Springs (APN 15-221- 18

57) Chuck Roberts stated that this was continued from the January Planning Commission meeting to find out why this permit has a different review date than the actual anniversary date which is May. Kerry Page stated that Mr. Davis has two special use permits and since 1997 both of these permits have been heard at the same time for the ease of the applicant. Ray Johnson stated that the Silver Springs Advisory Board asked staff to verify that this special use permit is applied to an APN that Mr. Davis owns because he sold part of his business. Ray Johnson made a motion to continue the special use permit for one year with a modification of the review date and subject to confirmation that the applicant still owns the property. Ken Gardner seconded and the motion passed unanimously. KRIESEL, STEVE & SUSAN Permit issued 12/1/1999 to utilize a mobile home for watchman s quarters with a mobile home storage lot and dismantling of mobile homes located at 2700 Almond Drive, Silver Springs (APN 15-262-05) Kerry Page stated that this item was continued from the December Planning Commission meeting to request the fire department inspect the premises. A letter from the Central Lyon County Fire Protection District was read into the record which said that they did visit the site and can approve the utilization of the watchman s quarters only but need further information regarding the storage and dismantling of mobile homes. A meeting was held with the owner to notify him of their concerns. Ray Johnson stated that the owner has complied with the building department and other agencies that have noted deficiencies on the property. Ray Johnson made a motion to approve the special use permit subject to any requirements of Central Lyon County Fire Protection District and their approval. Ray Fierro seconded and the motion passed by majority vote. Ken Gardner opposed. ART WILSON COMPANY Permit issued 2/4/2005 for mining and processing of gypsum, with the processing to include crushing and screening, and to include the expansion of an existing open 19

pit located between the Weed Heights area and Artesia Lake in the Singatse Range, Mason Valley (APN 10-041-21) Paula Rosaschi asked why the item is shown as Mason Valley when it should be reviewed by the Smith Valley Township Advisory Council as the property is in their area. A discussion followed regarding the location of the property and who reviewed it in the past. Paula Rosaschi made a motion to send the applicant a 30-day letter to request information on the business. Ray Fierro seconded and the motion passed unanimously. DISCUSSION - Discussion and recommendation regarding the proposed Wireless Communications Facilities ordinance to be considered by the Board of County Commissioners. An informal discussion was held. Steven Hasson, Planning Director, offered clarification as to why this county needs an ordinance to cover wireless facilities. The growth in the county demands appropriate language in its ordinances to manage that growth and allay any conflicts that might ensue as new and different land uses are presented. A wireless facility ordinance is timely in that more and more requests for tower space are coming in, and Lyon County does not have any guidelines in place for regulating them. Currently they are regulated by placing conditions upon the special use permit that is required. Language within the Nevada Revised Statutes states that because cell towers serve emergency responses there should be a timely review process built in to any ordinances. Therefore, language has been added to this proposed cell tower ordinance stating that staff would review the request for consistency with the ordinance and if found consistent, approval would be given to construct the cell tower. This would be an administrative approval and therefore would be appealable to this Planning Commission. The question of how the public would be notified if this became an administrative process was asked. Mr. Hasson stated that the current notification process for a special use permit would be followed. Chuck Roberts stated that with the current process 20

being the special use permit, the local advisory council s are guaranteed notification and their input is valuable as it also includes the public s input. He feels that using the administrative approval process would eliminate the advisory council ability to participate in the decision for their locality. Ken Gardner doesn t want the public s opinion disregarded. Mr. Hasson agreed but stated that it is a NRS requirement that this be handled administratively. A discussion followed about public notification at the advisory board level. Chuck Roberts said that the NRS have to be followed but that doesn t mean there cannot be a review process. Mr. Hasson said he would write the language so that the requirements of the NRS are followed, but craft a process that involves the advisory boards and the public. Paula Rosaschi asked what defines a timely process and feels that 60 days is sufficient time to review the applications. Larry Houghtby, representative for Cingular Wireless, stated that Lyon County s timeframes are currently very speedy. Other jurisdictions take 3 5 months. He said that Washoe County drafted a new ordinance last year which caused them to create a well defined ordinance taking into account the need for public input. Mr. Houghtby said that due to the topography in some areas, the 1500 foot setback would prevent them from constructing a tower of any kind and would, in turn, prevent them from offering cellular service in that area. Placing the towers so far out into the rural area also creates an access problem and feels this ordinance, the way it is written now, is unreasonable. His thoughts are that, when presented to other cellular providers, they will also object to this requirement. A discussion followed regarding the 1500 foot setback from any highway requirement and that maybe that can be modified on an individual basis. Abandonment of the towers was also discussed as far as the responsibility for removing the structures when they are no longer needed. Mr. Houghtby feels it should be the responsibility of the applicant who leases the 21

property from the property owner, as placing the responsibility for removal onto the property owner would limit the property owner s likelihood to lease their property for this use. Further discussion was held regarding the need for public notification of the applications. Mr. Hasson read from the Nevada Revised Statute. A revision to the language of the proposed ordinance was offered that would satisfy the Planning Commission and would also comply with the NRS. Ken Gardner stated he has a problem with the 1500 foot setback requirement that was previously discussed and feels that it is excessive. Mr. Hasson stated that this is why this ordinance is being offered to the Planning Commission for their review and comments, and that this is the time to offer changes and suggestions. Chuck Davies feels the setback requirement should be site specific. Ken Gardner said that if you don t have standard setback then it becomes the discretion of this commission to set that setback for that particular application. Chuck Roberts said that there has to a guideline to be able to come to that conclusion and feels it shouldn t be arbitrary; it should be drafted into the ordinance. Paula Rosaschi asked Mr. Hasson if the language could be more general to include all the other highways in the county and not just limit it to Highways 95 and 50. Mr. Houghtby stated that Washoe County s ordinance allows for administrative review of the application and have established certain zones that allow for the construction of cell tower facilities. They have established certain height requirements and setbacks within residential zones etc. Washoe County held several meetings to receive input from the advisory boards before adopting their ordinance. Mr. Houghtby feels this ordinance is a good ordinance except for the highway setback requirement. A discussion followed regarding the residential setback requirements within the proposed ordinance. Paula Rosaschi asked if there is a provision in the text for noticing airports of a pending application. Mr. Hasson responded that 22

everyone within 750 feet, for example, would be noticed. Mrs. Rosaschi doesn t feel that is sufficient when there is an airport in the area. Mr. Davies said it would go before the advisory boards, as it does now. The discussion was concluded. Chuck Roberts adjourned the meeting. (A VERBATIM TAPE RECORDING HAS BEEN MADE OF THESE PROCEEDINGS AND IS ON FILE FOR PUBLIC INSPECTION IN THE OFFICE OF THE LYON COUNTY PLANNING COMMISSION) Chuck Roberts, Chairman ATTEST: Steven Hasson, Planning Director Kerry Page, Planning Assistant 23