Planning Commission - Regular Meeting

I'm going to call the meeting of the Elko County Planning Commission to order. If you would rise with me as we say the Pledge of Allegiance.

Okay, we're going to move into comments by the general public pursuant to NRS 241. This time is devoted to comments by the general public. In discussion of those comments, no action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item. This is for anything that is not specifically on the I feel like I'm too loud or something doesn't sound right but maybe it's All right, well, we'll move forward. Is there anyone that has anything that is not on the agenda that they would

Yes, Mr. Chair, I just had a quick question for the staff on this, just because I just want to make sure we've got our procedure down. So in the minutes last meeting, we had forwarded a recommendation to fulfill the board vacancy, and that item's come back up. Is it going to be a problem if we keep it in the minutes from last meeting, even though it's apparently been superseded?

Okay, any other questions on the minutes?

All right, we've got a motion from Commissioner Hartley and a second from Commissioner Gaworski to approve the June 18th minutes as presented. Any further discussion? All those in favor of the motion, please signify by saying aye. Aye. Opposed, same sign. I'm going to abstain. Motion carries. We're going to move into preliminary hearings. We have application COZ 26-009, Elko Land Holdings Corporation. Corey.

That will move forward to public hearing for August. Our first public hearing, CUP 26007, has been tabled due to some clerical errors in the notifications. So we're going to move to application DLLP26-001, Paul and Lori Bottari. Corey?

They're both of them are part of the map okay, okay, so this is the new piece out of The larger piece yeah, okay? Okay, answer any quick sounds good you might sign it in for us Paul and state your name for the record I

Thank you. Is there anyone that would like to speak on this application? Okay. We're going to move to Commissioner's comments, questions, motion.

Mr. Chair, I move to forward a recommendation for application DLP26-001 with the staff's funding recommendations and commissions to the Elko County Board of Commissioners.

Okay, Commissioner Gworski has motion to move this forward to the commissioners with the recommendation for approval, seconded by Commissioner Roche. Any further discussion on the motion? All those in favor of the motion, please signify by saying aye.

Opposed, same sign. I'm in favor, motion carries. Application DLLP 26-002, MFRE 2U Ranch, LLC. Corey.

Corey real quick the you Back up to if it's a section Did you say if it's a section or more if it's if it's a complete if it's a full section?

Otherwise, the whole section could be split off without any mapping.

Yeah, Corey, just to clarify that road issue, because the BLM road is marked here, but the easement would be even if the BLM decides to close that road, the property owner would still have a legal right of access? Is that where you're going?

This kind of put in the cart before the horse if that's the case What's that isn't this put in the cart before the horse, but how's that in that case well? Parceling it out without access to it.

Okay any other questions is there anyone here that wishes to represent this I

Okay, so what is the legal access to this one?

But the second project is in a different location.

Is there anyone else that would like to speak on this application? Okay, we're going to move on to commissioner comments or a motion.

I don't think your mic's on. I hear myself.

This just gets forwarded to the commissioners, so...

I'll make a motion to forward application DLLP 26-002 to the county commissioners with a recommendation of approval with the insert also under staff recommendations, item C. No, that's for a different, there was a mistake there.

Yeah, I kind of, yeah, I, Okay, I already does have the access right But there's a second access that Corey wanted to require from parcel one to parcel two, right?

Okay. That's what I, okay. So the motion stands. Should have access.

Okay. Do we have a, we've got a motion on the table. Do we have a second?

All right, Commissioner Hartley made a motion to forward this to the county commissioners with the recommendation to approve, adding some verbiage related to access. And Commissioner Gavorski seconded that.

All those in favor of the motion at hand, please signify by saying aye. Aye. Opposed, same sign. I am in favor. Motion passes. Okay, we're going to move down to application COZ26-006, Ellison Ranching Company.

Thank you. Any questions of query? OK. Is there anyone that would like to speak on this application?

Okay. Thank you, Mike. Is there anyone else that wants to speak on this? Okay, do we have questions, comments, motion?

Mr. Chair, I make a motion to approve the change of zoning C0Z26-006 with all the staff's findings, conditions, and recommendations.

All right, we have a motion from Commissioner Gavorski to approve the zone change on this piece. And Commissioner Hartley has seconded. Any further discussion? All those in favor of the motion at hand, please signify by saying aye. Aye. Opposed, same sign. I'm in favor, motion carries. A lot of... We've got a lot of public hearings, but we're getting through them.

A lot of public hearings today. Yes. But we're busting through them. Okay. Application COZ 26-008, Malcolm Wittig.

Commissioner comments questions motion To approve staff report Coz 2 6-0 0 8 a change of zoning with staffs recommend recommendations findings and conditions all second

All right, we've got a motion for approval from Commissioner Hartley and a second from Commissioner Jefferson. Any further discussion on this? All those in favor of the motion at hand, please signify by saying aye. Aye. Opposed, same sign. I'm in favor, motion carries. Application ROWVAC26-004, Vincent Squatro, I had this, I had this before. Squatrito? Squatrito, okay.

So the road is already in place, but it isn't quite where it was.

But this section of road is privately owned?

Does this go to the county commissioners?

So we're just doing a land swap, basically, is what's going on here?

Okay. Okay. Any questions of Corey? Does anyone wish to speak on that it's your You got a full full load tonight, but I do I think we're getting closer to the end though.

OK. Any questions at all? Thank you. All right. Anyone else that would like to speak on this? OK.

I do have a couple clarifications. On the map it says Monte Carlo Road, and a couple times in the report it says Monte Cristo.

I think Monte Cristo is a sandwich. It is.

Unless let's not talk about food, right? We're hungry.

Any other questions? Any, do we have a motion to move this forward to the commissioners?

I'll make a motion. Let's see, I'll make a motion to recommend to the county commissioners the approval of staff report R. with all of staff's findings, recommendations, and conditions.

Okay. We have a motion from Commissioner Roach to move this forward to the commissioners. Recommending approval. Mr. Grivorski has seconded that motion.

All those in favor of the motion, please signify by saying aye.

Opposed, same sign. I'm in favor. Motion carries. Application COZ 26-007, Vincent Squatrito. Corey.

So if it's denied, the variance won't be needed?

What's the zoning of the parcels to the east?

Yeah, Corey, one question I had. Just thinking through, I think it was stated in the last item that this property had been recently acquired, and I'm assuming the neighboring properties to the west had pre-existed that acquisition, correct?

That's what I was going to ask. If we keep the zone in place, can we accommodate the use, if at least for a period of time?

Limit the number of animals and the type of animals that can be associated with those projects Yeah, I'm sympathetic to The applicant I'm also not wanting to do something that isn't going to work long term for the city of the Jackpot community.

Okay. Well, let's try and work with you to figure out a way to make this happen.

Okay. Thank you. I think there's also, if I may, Chair, as laudatory as the purpose is, I think with the existing right to farm and ranch code that was argued on behalf of the applicant, I did some digging on the nuisance thing, NRS 40-140. TO A WHICH CREATES AN AGRICULTURAL EXEMPTION BUT I WANT TO READ IT BECAUSE IT FOLLOWS MY PREVIOUS QUESTION THAT AN AGRICULTURAL ACTIVITY CONDUCTED ON FARMLAND CONSISTENT WITH GOOD AGRICULTURAL PRACTICE AND ESTABLISHED BEFORE SURROUNDING NON AGRICULTURAL ACTIVITIES IS REASONABLE. My argument there is that since, in this case, the agriculture did not precede

Did the jackpot advisory... In their recommendation to us, was the issue have more to do specifically with the zoning, or did it have more to do with the agriculture issue?

Yeah Yeah, okay Okay Did you have anything else or did anybody have any questions of the other night?

I don't have the applicant, but the county I know that doesn't a county allow for a certain amount of animals on an r1 and

4-H projects before out in Spring Creek. Not during my time here. No, it preceded you, Corey. But it was specifically for a short-term project during the school year for 4-H projects. So... and I believe it was Mr. Mendez, who was a schoolteacher out in Spring Creek, and it was his kids that were asking for that because the Spring Creek Association has a certain specific regulation on how many animals can be on less than an acre and over an acre. So I just didn't know if the county had that same thing in writing that, allowed it for so many hours.

Agreed. I think Spring Creek's rules regarding the number of animals mirrors county code.

Yeah, and that's gonna be my next question too is that if that's something that I have to draft language for what would the body be thinking as far as a limitation on head animals I Think we could probably have it to where it could be based on an individual basis parcel size I think it's got to be connected to a parcel size What's the minimum parcel size on our one I?

Well, we did something similar to the young lady that was raising all the dogs. Yes. We limited the number of animals she could have. It was in a different zoning district, but I mean, it still gave the board latitude as far as

Well, Spring Creek is... I hate to always bring Spring Creek back into it, but it's basically two animal units per acre. Right. Obviously, at 6,000 feet, you're going to have to have half an animal unit to make that work. But at three and a half acres, you could work along those lines. I don't know on the participation requirements.

Would we not think that the head limitation is also going to be tied to the type of animal? I mean, presumably cattle will need far more room than, say, goat.

So Cory Justin how would be the correct way to go about this is this a denial of this one and then a request for a Conditional use permit that would be or do we just want to table this and let them let you work with them on a conditional use I think What you can do is you can?

So the conditions would basically be that the conditional use permit is not transferable or applicable to the loaner without a separate application.

Justin, also, if you look at the definition of agriculture in our county code, what they're asking for, it really doesn't fall into the definition that we have in the code. So that may be able to help with this.

Good conversations and things to work through. Bob, did you have something?

Of course we table it it just comes back at the next meeting in the next meeting so if there's a way we could Let me ask this Bob as far as the parcel size go There's the ability though to split that parcel down smaller significantly So it's not stuck and at the three and a half acres with the current zoning. There's ability at some point to do something else with that parcel to meet that R1 designation a little more cleanly.

And we're also, I feel, I'm empathetic given the situation, that we're not bound by what a realtor told them. So that's...

Okay. Thank you. Is there anyone else that would like to speak on this? I think the kids want to talk.

This is the quietest they've been all evening.

It does affect property values Okay just for clarification dogs are allowed in our one I

Okay. Is there anyone else that would like to speak on this? Okay. I'm going to close public comment. What do we want to do?

Um, can Corey just, and I'm not sure there's a clear answer to this, but this tabling verse no action issue is sort of interesting. So tabling, of course, it'll keep coming back on the agenda. Um, but neither one is there, I guess what I'm asking is there a deadline for the fee that if the fee isn't completed within say a hundred or the process isn't completed within 180 days or something that the fee is rendered null and void.

So if we took no action, they could basically pull this off, come back with the CUP?

Okay. Okay. And would that apply to the variance request 26-005 as well?

But if we table COZ 26-007, the change of zoning, pending further clarification, we could just table the variance request? Yes.

Otherwise, if there is a denial, then the variance gets tabled.

Well, can't we just make the adjustment?

Wait a minute. For the R01, the setback's 10 feet, right?

Okay, okay. If it's 20, it's a problem. If it's 10, it's already far enough away.

Okay, let's get through one, and then we'll see where we go from there. Can I get a motion?

Mr. Chair, I'll motion that we table application COZ 26-007 pending consultation with legal about an alternative approach.

I'll second. So do we want to direct staff to...

Consultation with legal, if this is the proper approach. Whose consultation with legal? The applicant or staff? Staff, staff consultation. Or do we just want them to look into a CUP, like we've talked about?

Well, I think if it was alternative, if it's a CUP or an ordinance or whatnot. I mean, would you like specific instructions?

We just kind of threw it way up in the air.

Okay. Yeah, let's withdraw that because that's pretty wide open. I don't know what would come of that. Okay. As I guess I'm looking at it from the perspective of we either deny as has been, we either approve, deny, or retable. If we deny, we can recommend that staff work with the applicant to, well, it's got to go back to the commissioners. There's got to be language drafted to incorporate some verbiage into a CUP that makes would make this allowable for and we're not talking a I guess in my mind I'm not talking a full-blown ranch out there but it's a an opportunity for the kids to participate

I just think at this time we make a motion to deny this application with staffs directing staff to look into the possibility of a Conditional use permit to allow these animals on the property within obviously the guidelines set forth by the County Commission in any new ordinance that's written so Just to make sure that everybody understands.

Do we have any definitions of what animals are allowed in R1? I couldn't see anything anywhere.

And in the definition for agriculture, you have to have enough animals to produce enough income to support at least one person above poverty level?

Okay, okay. So the hobbies is still only in the agricultural, okay.

That will allow for the R1 to stand, but also us going forward to look at the possibility of, within reason, allowing them their hobby and 4-H endeavors.

Okay, we have a motion to deny... The zone change. The zone change. Do we have a second?

I'll second with the comment that this would also, I think, allow us to potentially solve future problems like this as Elko County continues to grow. So, second.

We have a motion to deny... from Commissioner Ginzel and a second from Commissioner Gaworski. And there is verbiage in the motion that staff is going to draft ordinance to address the youth agriculture as a CUP option. Okay. Just to clarify a little bit more, I think we're going to waive some fees potentially on a CUP. Is that what I gathered?

Okay. Okay. I think we got, does that make sense? Mm-hmm. All right. All those in favor of the motion, please signify by saying aye. Aye.

Opposed, same sign. I'm in favor. Motion carries. Okay, now we're going to move to application VAR 26-005. I'm not going to get this right. Okay, Corey, can we quick do the math on this and get the variance figured out for... This is front yard only, right?

And is this off of the... Sorry, I didn't let you do your staff report. We're just going to work through this real quick. Real quick. Is this off of the existing right-of-way or the?

Yeah. Probably because we've got posting issues.

Right, and I think there's, correct me if I'm wrong, this variance would not take effect until the final report of the right-of-way.

Okay. I like to get things done, but... It is government that we deal with.

OK. Corey. So we're not going to have the staff report. Because we're going to table this. Justin, do I open this up for public comment?

You can just table it. I think, yeah, I was going to say, I think you can just table this.

I appreciate that. I like to get things done. Okay, so we're going to table this, and we will get both of these cleaned up, and we'll figure something out here.

It won't be a month or two. It will be after... It's probably going to be three months before we get all the...

Yeah, it's going to be a little different... It's going to be a different application.

I believe you can just zoom in, correct?

Or Mr. Tebow can represent your application. He's good at that.

Thanks, Bob. Board vacancy. review discussion and consideration of three new applicants interested in filling a Planning Commission member vacancy and consideration to forward recommendations to the Board of County Commissioners for appointment. I wasn't here last month.

Well, I'd like to hear from both of them, but I've got a simple answer to this We'll have another vacancy here shortly.

Okay Joe is first so Jody wanna Good afternoon

Okay. Because I just see your application, it stops on 2018 from Grand Junction.

Yeah, along with Corey, I think, well, whatever the commissioners want to do, but Andrew had his name in the hat first, right? Yes. So I guess you could look at it that way.

Come on up, Andrew. I missed your speech last month, so.

So you're currently with the city of Carlin. Correct. Yes, I guess the only issue would be if we have anything specifically around Carl Yeah, we'd have to address it the same way that we address it with Jake when we've got something in the city of Elko, right?

I don't think it is, but what was, did you have a concern with that, Jake?

Right. And I'll point out for the record, I went through this when I applied for this position, because I also currently sit on the management commission for Elko County, and I think you can serve up the two. Okay.

All right. Thank you, Andrew. Thank you.

Okay. Do we want to make a, is there, is there anyone else that wants to speak on this, I guess?

I do need to address one thing, Mr. Chair, just because it was in the previous records. I had pointed out I had worked with Andrew Meek when he was at county in a volunteer capacity, but there's no conflict, but it is in the previous meetings minutes, so my belief that I can be impartial on this still stands.

If I could just bring something up here. which might make this a little bit easier of a decision, is since one of them is going to be replacing you and you're going to be on the board that's going to be making that decision of who he gets, I would make a recommendation that we put forth Andrew's name now. And get him on the board that way it may be a little bit easier of a transition to bring Joel on to fill your spot to Have you approve it am I wrong or I mean? I'm open for suggestions, but that would be a motion. I would make if Well if anybody asked for that matter so Okay, all right. That

And I just want to clarify that we'll still have an application process in December, correct?

Well, thank you both for your interest. The pay is not great, but the...

It's a lot of fun sometimes. Yeah, sorry, I gotta get back to the meeting. But it's a good board to serve on. Okay, we have a motion. Let's see, Commissioner Ginzel and a second from Commissioner Hartley to recommend that Andrew replace, who are we replacing? Samantha, yeah and then Well Joe goes to the top of the list for December Do we have any further discussion on this? All those in favor of the motion please signify by saying aye aye Opposed same sign. I'm in favor motion carries I

I look forward to having both of you guys on the board.

This time is devoted to comments by the Elko County Planning Commission or county staff.

Yes, Mr. Chair. I just... This is just something that seems to have come up quite a bit. I think I know where it's coming from, but I think it's just something we might need to keep an eye on. We've had about three or four CONTENTIOUS ISSUES BROUGHT BEFORE THE BOARD WHERE PEOPLE IN PUBLIC COMMENT ARE BRINGING UP THESE COVENANTS, CONDITIONS AND RECOMMENDATIONS THAT ARE FILED WITH THE COUNTY AND IT LOOKS IN MOST CASES LIKE IT'S ON NEIGHBORING PROPERTIES AND THEY'RE ASSUMING IT SORT OF CARRIES OVER. Just, I mean, I don't really know if there's a, I mean, there's not much we can do because it does

Well, if we have CCRs that limit, I'm just thinking in a case, you know, where there's a property that wants to use it and like we've seen in a couple cases where people are complaining they're using, you know, an HOA road that has CCRs and the neighboring property violates the CCR. Doesn't that sort of put us into a even if we can't enforce it?

I just wondering if it's anything regulatory we need to keep an eye I know the situation you're talking about and that is actually County right-of-way not HOA Road Anybody else I Was just gonna say as far as like issues up in jackpot Obviously we heavily rely on their advisory board and They're there. They're the boots on the ground. Yeah. I'm wondering if there's a representative that would be willing to come down and it'd be nice to put a face with an organization that we rely on.

Maybe we could set up a we could invite him to August or September's meeting and I've got questions. I'm curious about jackpot. What's what's going on up there? What are their? Desires where do they want to see jackpot do how can we?

Do we want to do something similar with Montello in the future with this exploratory thing coming out?

It's now called Karaoke Night at Cowboy Bar.

Yeah, I just want them to know that we stand with them and want to work together with them.

Yeah. Okay. Well, let's start with jackpots, see if we can get somebody down here and we'll kind of round table and see how things are going in jackpots.

Okay. That works. All right, I'm going to move on with the last of the legal. Pursuant to NRS 241, this time is devoted to comments by the general public, if any, and discussion of comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item. Is there anyone that would like to speak? It's your chance.

Oh, with the newspaper. All right. Well, thank you for your time here. If nothing else, meeting adjourned.