***COMMISSIONERS' MEETING ROOM***
***LYON COUNTY ADMINISTRATIVE COMPLEX***
***27 S. MAIN STREET***
***YERINGTON, NEVADA***
THURSDAY, November 5, 2009
A G E N D A
9:00AM
9:15 A.M. – Time Specific- Discussion and possible action on presentation by jail architect, Bill Rutherford, regarding project delivery methods and project schedule. The presentation actually occurred at the October 15th, 2009 BOC meeting and this is follow-up to that item. The recommended action, by staff and the consultant, is to allow for the advertisement and selection of a construction manager at risk, to be selected and approved later by the Board of Commissioners. (Action will be taken)
Jail Project update and tasks completed to date, including jail financial reporting, method of compiling estimates, record-keeping, communications and review of any pending expenditures (No action will be taken)
10:30 A.M. - Bill No. 09-10 – an ordinance amending Lyon County Code Title 6 – Public Health and Safety, by deleting Chapter 06 – Fire Districts, in its entirety; by amending Title 10 – Land Use Regulations, by adding thereto Chapter 19 - Burning Restrictions, which Chapter establishes Burning Restrictions, Hours, Authorization to Burn, Extinguishment Powers, Violations and Penalties; by amending Title 10 – Land Use Regulations, Chapter 07 – Building Codes, Subchapter 02, to apply amendments to the International Fire Code by the appropriate fire district for purposes of fire protection in new and existing buildings; and other matters properly related thereto (2nd Reading) (Action will be taken)
11:00 A.M. – Bill No. 09-11 – An ordinance revising Title 10, creating a new chapter 20, outdoor lighting control, to establish standards and criteria for outdoor lighting devices, including statement of purpose, definitions, general requirements prohibitions, exemptions, procedures for compliance, appeal and other matters properly related thereto (2nd Reading) (Action will be taken)
ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS
PUBLIC HEARING ON REGULAR PLANNING APPLICATIONS
22. SULLIVAN, M.W. & CROSBY, KATHRYN / SULLIVAN-CROSBY TRUST – DEVELOPMENT AGREEMENT – Request for a Development Agreement regarding the Sullivan-Crosby Trust Parcel Map, approved September 17, 2007, to define the expiration date and phasing of required improvements for the parcel map and construction of the new Stagecoach Fire Station for the Central Lyon County Fire Protection District; located in the vicinity of U.S. Highway 50 East and Stagecoach Drive, Stagecoach, NV (APN’s 15-441-01 through 15-441-05; 15-441-14 through 15-441-20; 15-531-01 through 15-531-16; 15-191-07 through 15-191-10; and 15-191-25 through 15-191-27) PLZ-09-0053
Planning Commission Recommendation:
Larry Wahrenbrock made the motion to approve the Development Agreement for M. W. Sullivan & Kathryn Crosby / Sullivan-Crosby Trust, finding that: (a) The proposed development agreement is consistent with the requirements and general purpose and intent of Chapter 10.12.06 of the Lyon County Code, and (b) The proposed development agreement is necessary to make possible the dedication of land to the Central Lyon County Fire Protection District for the construction of a needed fire station, and with the one condition presented in the staff report. Ervin Hill seconded and the motion passed unanimously: 7 Ayes, 0 Nays, and 0 Abstentions.
23. Discussion and possible action to propose an ordinance to adopt the development agreement between Sullivan/ Crosby Trust, the Central Lyon County Fire Protection District and Lyon County relating to the merger and re-subdivision parcel map for the Sullivan/Crosby Trust, to define the expiration date of and phasing of required improvements for the Sullivan-Crosby Trust Merger and re-subdivision parcel map, and the construction of the new Stagecoach Fire Station for the Central Lyon County Fire Protection District
24. Discussion and possible action to receive the Planning Commission Report on Board of Commissioner’s Action regarding the Kevin Johnson et al Trs, Eric Redwine, Charles Bremson et al, Gerald & Cleta Wood, Ray Shaffer et al, William Clark et al, Michael & Lucille Glaser, Jack Staten, Vuki & Rita Wilson Master Plan Amendment from Low Density Residential to Commercial (APN 19-641-03 thru 11) (PLZ-09-0009)
25. Discussion and possible action on request to place on a future Board of Commissioners agenda the reconsideration of the Board of Commissioners action of August 6, 2009, approving the Kevin Johnson et al Trs, Eric Redwine, Charles Bremson et al, Gerald & Cleta Wood, Ray Shaffer et al, William Clark et al, Michael & Lucille Glaser, Jack Staten, Vuki & Rita Wilson Master Plan Amendment from Low Density Residential to Commercial (APN 19-641-03 thru 11) (PLZ-09-0009)
26. Kevin Johnson, et al Trs, Eric Redwine, Charles Bremson, et al, Gerald & Cleta Wood, Ray Shaffer, et al, William Clark, et al, Michael & Lucille Glaser, Jack Staten, and Vuki & Rita Wilson - ZONE CHANGE - Request to change the zoning from RR-3, Third Rural Residential (5 acre minimum) to C-2, General Commercial, on approximately 48.27 acres consisting of nine parcels located at 50, 60, 70, 80, 90, 100, 110, 120 and 130 River Road, Dayton (APN 19-641-03 thru 19-641-11) PLZ-09-0010
Planning Commission Recommendation:
Virgil Arellano made the motion to deny the Zone Change for Kevin Johnson, et al Trs.; Eric Redwine, Charles Bremson, et al.,; Gerald & Cleta Wood; Ray Shaffer, et al; William Clark, et al; Michal & Lucile Glaser; Jack Staten; and, Vuki & Rita Wilson, due to the fact the Planning Commission denied the Master Plan Amendment. Ervin Hill seconded and the motion passed with a majority: 5 Ayes, 2 Nays (Ray Johnson and Paul Lanning), and 0 Abstentions.
27. SANTA MARIA RANCH II/DAYTON LAND DEVELOPERS, LLC – MASTER PLAN AMENDMENT – Request to change the Master Plan Land Use Designation from Low Density Residential, Medium Density Residential and Open Space to Specific Plan on approximately 665 acres located between US 50, Ophir Mill Road and the Carson River in Dayton. (APN 16-151-94, 16-261-11, 16-261-14, and 16-261-18) PLZ-08-0041
Planning Commission Recommendation:
Virgil Arellano made a motion to deny the Master Plan Amendment for Santa Maria Ranch II / Dayton Land Developers, LLC, based on the findings that: a) the proposed amendment is not in substantial compliance with, nor does it promote the Master Plan goals, objectives and actions; b) the proposed amendment will result in land uses which are incompatible with the actual and planned adjacent land uses, and does not reflect a logical change in land uses; c) the proposed amendment does not represent a more desirable utilization of land; and d) the proposed amendment does not promote the desired pattern for the orderly physical growth of the County, and the proposed amendment does not guide development of the County based on the least amount of natural resource impairment and the efficient expenditure of funds for public services. Ervin Hill seconded and the motion passed by a 2/3 majority of the Commission: 5 Ayes, 1 Nay, and 0 Abstentions and 1 Absent (Larry Wahrenbrock).
28. SANTA MARIA RANCH II/DAYTON LAND DEVELOPERS, LLC – SPECIFIC PLAN– Request to approve a Specific Plan to guide the development of approximately 2,192 residential units consisting of a mix of single family attached and detached units, multi-family units, and senior community residential, including attached, detached, and apartment style units, and 20 acres of commercial development on approximately 665 acres located between US 50, Ophir Mill Road and the Carson River in Dayton. (APN 16-151-94, 16-261-11, 16-261-14, and 16-261-18) PLZ-08-0041
Planning Commission Recommendation:
Virgil Arellano made a motion to deny the Specific Plan for Santa Maria Ranch II / Dayton Land Developers, LLC, based on the findings that: a) That the proposed location of the development and the proposed conditions under which it will be operated or maintained is not consistent with the goals, objectives and actions embodied in the master plan; b) that the proposed development is in not in accordance with the purposes and objectives of Title 10.12.10 of the Lyon County Code and, in particular, it will not further the purposes stated for each zoning district; c) that the development will be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to such a development; and will be detrimental to the properties or improvements in the vicinity or to the general welfare of the county; d) the proposed Specific Plan is not in substantial compliance with, nor does it promote the Master Plan land use designation for the subject properties; and e) the proposed Specific Plan will result in land uses which are incompatible with the Master Plan land use designations for the subject parcels Ervin Hill seconded and the motion passed by a 2/3 majority of the Commission: 5 Ayes, 1 Nay, and 0 Abstentions and 1 Absent (Larry Wahrenbrock).
29. SANTA MARIA RANCH II/DAYTON LAND DEVELOPERS, LLC – PLANNED UNIT DEVELOPMENT Request to approve a Planned Unit Development Tentative Plan to develop approximately 2,192 residential units consisting of a mix of single family attached and detached units, multi-family units, and senior community residential, including attached, detached, and apartment style units, and 20 acres of commercial development on approximately 665 (corrected) acres located between US 50, Ophir Mill Road and the Carson River in Dayton. (APN 16-151-94, 16-261-11, 16-261-14, and 16-261-18) PLZ-08-0041
Planning Commission Recommendation:
Paul Lanning made a motion, with the applicant’s concurrence, to continue the hearing for the Planned Unit Development for Santa Maria Ranch II / Dayton Land Developers, LLC. Ray Johnson seconded and the motion passed unanimously: 6 Ayes, 0 Nays, 0 Abstentions and 1 Absent (Larry Wahrenbrock).
REGULAR AGENDA
30. The Lyon County Board of Commissioners will consider Water Rights Applications 74408, 74409 and 74410 with a combined total of 29.7 second feet (over 21,000 AFA) filed on June 26, 2006 by Aqua Trac, LLC. These applications propose to appropriate water from points of diversion within Pershing County for use in Washoe, Storey, Lyon and Churchill Counties. The proposed points of diversion are all within Kumiva Valley Hydrographic Basin 079
31. Discussion and possible action to approve a waiver to Lyon County Code Title 10, Chapter 9, to allow a mobile home more than 15 years old be issued a permit (power has been off more than 6 months), located at 19 Pyrite Drive, Mound House, NV (APN: 19-022-017)
32. Commissioner comments
33. Approve minutes
34. Adjourn
