STAFF REPORT # CONDITIONAL USE PLANNING COMMISSION MEETING DATE: May 16, 2013

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1 STAFF REPORT # CONDITIONAL USE PLANNING COMMISSION MEETING DATE: May 16, APPLICATION: A request by for a conditional use permit under Elko County Code (B) 4 to construct and operate a waste water treatment facility to be located at the far west end of the Ruby Vista Ranch project. 2. LOCATION: An approximately 25 acre portion of land located in the W1/2 of Section 4, Township 33 North, Range 56 East, MDB&M, Nevada. Said portion is a part of a 1, acre parcel located within portions of Sections 2, 3, 4 & 11, Township 33 North, Range 56 East, MDB&M, Nevada. General location is west of intersection of SR 227 (Lamoille Hwy.) and Boyd Kennedy Road. 3. BACKGROUND INFORMATION: Assessors Parcel Number: Owner(s) of Record: Previous Applications on Property: Adoption of Ruby Vista Ranch Master Plan, 2006, Changes of Zoning, Conditional use, Variance June/2008, Change to location of round-about to Boyd Kennedy Rd, realignment of Corral Lane, Realignment of zoning districts Aug Size of Property: An acre portion of a 1, acre parcel Access: Primary, Boyd Kennedy at SR 227 Intersection. Master Plan: Ruby Vista Ranch Master Plan Spring Creek Lamoille Master Plan, Plan Area-1 Comments: Attached as Received. 4. PROJECT IMPACTS: A. PROJECT DESCRIPTION: The proposed development of a 975,000 gpd waste water treatment plant will be phase constructed on the proposed 25 +/- acre portion of land located in the far western portion of the project. See attached maps. Page 1 of 10

2 The waste water treatment plant is to be constructed to provide sewer treatment service to the proposed 3,900 dwelling unit project, Ruby Vista Ranches. The proposed final build-out will include 9 rapid infiltration basins and a treatment plant. The facility will be owned, permitted and operated by the developer until such time a Home Owners Association or Private Utility takes ownership and operation responsibilities. B. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: The 25 +/- acre parcel is adequate in size and shape to accommodate the proposed. The location is part of an Open Space area located within or near a floodplain. A Conditional Letter of Map Revision (CLOMR) has been obtained by the applicant to mitigate the flood prone areas. Mitigation will occur by elevating the facility site in accordance with the CLOMR. The facility site has been chosen as it is the lowest area of the project and will allow for gravity flow of all sewer lines within the proposed project. C. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: The proposed facility will be located in near proximity of planned residential lots. The removal of solid waste will occur through the development and will require the construction of roads and street to access the facility. An access to the proposed will be developed as a future major collector potentially providing access to SR 228. D. THE AEFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: There are perceived negative physical impacts. The obvious perceived negative impacts are: 1) Aesthetics: The applicant has developed and planned a landscape design to alleviate the negative aesthetics. 2) Nitrates: The Sewer Treatment Plant is to be designed to treat the in-fluent in such a manner that will not impact the ground water source as do individual septic systems. The effluent from the treatment plant can be used as treated effluent for irrigation waters but is not proposed for irrigation use at this time. 3) Odor: Sewer odors will be present to the immediate area. The developer has designed the system to minimize the odors as much as possible. 4) Hazardous material: Sodium Hypochlorite (a corrosive) will be used at the sewer treatment plant. An on site spill containment system will be implemented that will keep the spill from leaving the site. Page 2 of 10

3 5. CONSISTENCY WITH EXISTING ZONING: The Elko County Planning Commission has determined this to be a conditional use within the Open Space zoning district as per ECC (B) 4. This application falls within that description 6. STAFF COMMENTS: A. The proposed is to construct a phased sanitary sewer treatment facility on the 25 +/- acre portion of Open Space lands for sewer service for the proposed 3,900 unit subdivision, commercial development, recreation areas and light industrial development as proposed. The sewer treatment plant will be utilized instead of individual septic tanks and systems for each lot. B. The sanitary sewer treatment plant will be constructed on a phased basis as required by phased development of the residential, commercial, light industrial and recreation areas. The proposed final build-out will include 9 Rapid infiltration ponds and a treatment plant with a capacity of 975,000 gpd. The facility will be owned and operated by the developer until such time a Home Owners Association or Private Utility takes ownership and operation responsibilities. C. There are perceived negative physical impacts. The obvious perceived negative impacts are aesthetics, nitrates, odor and hazardous materials. The developer has designed the facility to mitigate the physical impacts as much as possible. D. The Elko County Planning Commission has determined this to be a conditional use within the Open Space zoning district as per ECC 4-2-1(B) 4. This application falls within that description. E. The construction and development of the sewer treatment plant will require NDEP and State of Nevada Health Department permits and inspection. F. Prior to the completion of this report comments may or may not have been received from the following: G. Prior to the completion of this report comments may or may not have been received from the following: Elko County School District Elko County Manager Office Elko County Sheriff s Office Elko County Public Works Elko County Highway Department Page 3 of 10

4 Elko County Building & Safety Nevada Division of State Health Nevada Division of Forestry Nevada Division of Environmental Protection Nevada Division of Water Resources Nevada Department of Transportation Nevada Fire Marshal Division Frontier Communications NV energy Spring Creek Association Spring Creek Utilities 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings staff recommends Approval with the following conditions. A. All necessary State and Local permits shall be obtained prior to improvements being made on the site. B. At the time of any development, the developer shall comply with all applicable provisions of N.R.S., Elko County Code and the Uniform Building Code or applicable Building Code for the development criteria that pertain to the proposed development. C. The facility will be owned, permitted and operated by the developer until such time a Home Owners Association or Private Utility takes ownership and operation responsibilities. Elko County will not be held responsible for operation, ownership, maintenance or permitting of the proposed Water Treatment Facility. D. At time of any development, applicant shall comply with all Federal, State, and Local building and development requirements Basis for recommendation: 1) The use requested is a conditional use outlined in Elko County Code 4-2-1(B) 4 where the proposed use will benefit the community as a whole. 2) The proposed sewer treatment plant will provide public service to the proposed 3,900 unit subdivision instead of individual systems. Page 4 of 10

5 Note: The recommendations of this report are based on the fact that prior to the completion of this report staff had not received any negative or adverse comments to the proposed. Should testimony from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may withdraw its recommendations. John W. Kingwell Elko County Planner Page 5 of 10

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