NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION MEETING JANUARY 11, 2017

Transcription

1 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION MEETING JANUARY 11, 2017 Staff Report Agenda Item No. 13 CASE DESCRIPTION(S): For Possible Action CU : Public hearing, discussion, deliberation and possible decision on a Conditional Use Permit (CUP) to allow an Indoor Agricultural Commercial Use on a 4.5 acre parcel zoned Rural Homestead 4.5. Nora M. Neff Property Owner. (This item is Final Action by the Pahrump Regional Planning unless appealed to the Board of County Commissioners, or otherwise announced.) (CB) LOCATION: 2781 W. Mesquite Avenue, (located at the southwest corner of W. Mesquite and N. Cindy Dr.) APN NUMBER(S): AP#: LEGAL DESCRIPTION(S): Parcel 1 of File Map # PROPERTY OWNER(S): APPLICANT: Nora M. Neff Barry Hartsock c/o: Urban Seed, Inc STAFF CONTACT: Cheryl Beeman, AICP and Principal Planner (775) PROJECT SYNOPSIS: Applicant is requesting a Conditional Use Permit (CUP) to allow for an Agricultural Commercial Use (Indoor). This is a use subject to a CUP in the RH-4.5 zoning district. CONCLUSION Upon extensive review of the application, staff is able to find sufficient justification to recommend approval of this request. The proposed use will be harmonious with the existing uses in the vicinity and will provide an essential service to the community as a whole. The facility will operate under applicable state, building and fire code regulations. RECOMMENDED MOTION(S): Move to APPROVE CU based upon the Findings listed below and subject to the conditions of approval as outlined in the staff report (or move to DENY, based upon alternate findings as established by the Pahrump Regional Planning Commission).

2 Pahrump Regional Planning Commission Staff Report; CU January 11, 2017 Page 2 of 4 Findings for CU as required under NCC L of the Nye County Code: 1. The conditional use is harmonious with and is in accordance with the general objectives or with any specific objectives of the currently adopted Master Plan, the Zoning Reference Map and this Title. The Zoning Ordinance requires a Conditional Use Permit (CUP) in the RH-4.5 zone to allow an Indoor Agricultural Commercial Use. The RH-4.5 district allows Farms for the raising/growing of tree and bush crops and/or field crops for commercial or household use, and Buildings for the sale and display of products grown/raised on the premise, therefore the indoor aspect of this commercial operation would have much less of an impact on the neighboring properties. 2. The conditional use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity. The conditional use will not change the essential character of the area. The proposed use is appropriate and compatible with the character of the property and general vicinity and the permissive uses outlined within the RH 4-5 zoning district. 3. The conditional use will not be hazardous or disturbing to existing or future neighboring uses. The proposed use will not be hazardous or disturbing to the existing uses in the vicinity, and will not bring any additional disturbing factors to the neighboring properties. 4. The conditional use will be a substantial improvement to property in the immediate vicinity and to the community as a whole. The proposed project would result in substantial improvement/investment to the subject property, the immediate vicinity and to the community as a whole. 5. The conditional use will be adequately served by essential public facilities and services (highways, streets, police and fire protection, drainage structures, refuse disposal, schools). The proposed project is or will be adequately served by essential public facilities and services that have been developed and are already in place. 6. The conditional use will not potentially create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. The proposed project will not create additional requirements and will not be detrimental to the economic welfare of the community. 7. The conditional use will not involve uses, activities, processes, materials and equipment, and conditions of operation that are detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glares or odors. Approval of the Indoor Commercial Agricultural Use will not be detrimental to any person or property in the vicinity or community as a whole. 8. The conditional use is consistent with the intent and purposes of this Chapter. The proposed use is allowed under Nye County Code through the approval of a Conditional Use Permit. LAND USE MATRIX CURRENT MASTER PLAN CURRENT LAND USE ZONING DESIGNATION SITE RH-4.5 RDR Single-family residential NORTH NC/RE-2 RDA/RDR Undeveloped subdivided SFR lots (Goose Neck Park) SOUTH RH-45. RDR Developed and undeveloped SFR 1-acre parcels EAST RH 4.5 RDR Undeveloped 5-acre parcels WEST RH 4.5/GC RDR/RDA Undeveloped subdivided SFR lots and a few single-family residences

3 Pahrump Regional Planning Commission Staff Report; CU January 11, 2017 Page 3 of 4 DISCUSSION Background: The subject parcel was created in 1979 by parcel map in its current configuration. Septic and water systems were developed on the property in 1991, a carport was developed in No further history follows. Area Characteristics: The subject property is located on the SWC of Mesquite and N. Cindy Drive. Mesquite is a paved street, N. Cindy is a ½ width unpaved street. Property size is approximately acres and is developed and used as a single family residential property. The subject property is located in the flood zone AO-1 flood hazard area, and is an area that is subject to inundation by a 1% annual chance shallow flooding (usually sheet flow on sloping terrain as indicated by the Flood Insurance Rate Map (FIRM). External Comments: The Town of Pahrump, Emergency Services (Fire and Sheriff s Departments), Nye County School District did not submit comments. Nye County Public Works supports any facts, findings or conditions determined by the Pahrump Regional Planning Commission (PRPC) at this time, reserving the right to provide additional facts, findings and conditions for development of the property and/or complying with Nye County Code. ANALYSIS Application Details: Approval of the CUP is to allow for an Agricultural Commercial Use (Indoor). Development of the property is exempt from Site Development Plan Review pursuant to NCC : General Development Standards. B. Rural Area Exemption for Agricultural Uses: For parcels designated as rural density residential (RDR) in the master plan and zoned rural homestead (RH) or rural estates (RE), nothing contained in this section shall require the installation of parking lots, driveways, landscaping, lighting, fencing, drainage or other site improvements for the use or occupation of land, buildings or greenhouses for farming or agricultural purposes, unless specifically required as a condition of approval of a CUP application. NCC Conditions and Safeguards for Conditional Use Permits There are no Conditions and Safeguards outlined for an Agricultural Commercial Use (Indoor). Water: Analysis of the potential impact of the proposed project on community water resources: 1. Community Source Water Protection Plan (CSWPP): The proposed use will not have a negative impact on and is not located within any public well Capture Zone. (Nye County Community Source Water Protection Plan). 2. Water Quality. Impact on Existing Groundwater Quality: Could the proposed project/land use potentially cause or contribute to the degradation of groundwater quality/is the proposed land use considered a Potential Contaminant Source? (Yes/No Table E-1 Category A, B & C): Yes, Potential Contaminate Source Agricultural. Source: Chemical applications (pesticides, fungicides & fertilizer), Chemical mixing and storage areas. Risk Ranking: Moderate to High 3. Water Quantity. Estimated Water Use: Water usage estimate not provided or calculated for the proposed use. CONCLUSIONS Upon extensive review of the application, staff finds sufficient justification to recommend approval of the request. The Zoning Ordinance allows for a Conditional Use Permit (CUP) in the RH-4.5 zone for Agricultural Commercial Use (Indoor). The proposed use will be harmonious with the existing uses in the vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

4 Pahrump Regional Planning Commission Staff Report; CU January 11, 2017 Page 4 of 4 Should the Regional Planning Commission desire to approve the application, the following STANDARD CONDITIONS OF APPROVAL are suggested and subject to the discretion of the Regional Planning Commission. STANDARD CONDITIONS OF APPROVAL 1. Applicant must comply with all applicable County, State, and Federal laws, rules, and regulations. 2. Applicant shall obtain a Business License through the Town of Pahrump prior to operating the facility. 3. Applicant must obtain the appropriate State license for the facility (if required) this location prior to operating the facility. 4. Failure to comply with these conditions shall result in revocation of the Conditional Use Permit. 5. None. SPECIAL CONDITIONS OF APPROVAL

5 PRPC Hearing Jan Item #14 CU W. Mesquite Rd. -- APN Nora M. Neff -- Property Owner / Barry Hartsock, Urban Seed, Inc. -- Applicant Lil Bit Wy Mesquite Av Barney St Hays St Cindy Dr Ë Exhibit "A" -- Area Zoning Notified Properties 500 Foot Buffer RH 4.5: Rural Homestead Residential RE-2; Rural Estates Residential GC; General Commercial NC; Neighborhood Commercial DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.

6 PRPC Hearing Jan Item #14 CU W. Mesquite Rd. -- APN Nora M. Neff -- Property Owner / Barry Hartsock, Urban Seed, Inc. -- Applicant Lil Bit Wy Mesquite Av Barney St Hays St Cindy Dr Ë Exhibit "B" -- Master Plan Categories Notified Properties 500 Foot Buffer RDR RDA DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.

7 PRPC Hearing Jan Item #14 CU W. Mesquite Rd. -- APN Nora M. Neff -- Property Owner / Barry Hartsock, Urban Seed, Inc. -- Applicant Lil Bit Wy Mesquite Av Barney St Hays St Cindy Dr Ë Exhibit "C" -- Aerial Perspective Notified Properties 500 Foot Buffer DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.

8 PRPC Hearing Jan Item #14 CU W. Mesquite Rd. -- APN Nora M. Neff -- Property Owner / Barry Hartsock, Urban Seed, Inc. -- Applicant Lil Bit Wy Mesquite Av Hays St Cindy Dr Ë Exhibit "D" -- Close-up Aerial DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.

9

10

11

12

13