IcLc. NYE COUNTY AGENDA INFORMATION FORM TEM# Action II Presentation L1 Presentation & Action Department: Planning

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1 ZC-1-6: Applicant. NYE COUNTY AGENDA NFORMATON FORM Action Presentation L1 Presentation & Action Department: Planning Agenda : Category: limed Agenda tem - 11: A.M. July 15, 21 tcontact: Darrell Lacy Phone: Continued from meeting of: Return to: Darrell Lacy Location: Pahrump Planning Phone: Action requested: (nclude what, with whom, when, where, why, how much (5) and terms) For possible action Public hearing, discussion, and deliberation on a request for a Zone Change application to change approximately 13.5$ acres (net) from the Rural Homestead (RH-.5) Zoning District to the Rural Estates (RE-2) Zoning District with a Business Opportunity Overlay Zone, for property Master Planned as Low Density Residential, located at 3171 E. Tillman Street, further described as Lot 3 of Cal-Vista Subdivision, Township 21 South, Range 5 East, Section 31. Daniel Seid & Settlemeyer Trust Property Owner. Stephen Settlemeyer Civilwise Services nc. Agent. AP# Complete description of requested action: (nclude, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 2 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Expenditure mpact by FY(s): (Provide detail on Financial Form) Routing & Approval (Sign & ) U No financial impact 1. Dept HR Leaal 9. Finance 1. County vlanager - PlaeJAgenda Board of County Commissioners Action U Approved U Disapproved U Amended as follows: Clerk of the Board TEM# clc.

2 NYE COUNTY BOARD OF COUNTY COMMSSONERS PLANNNG DEPARTMENT STAFF REPORT Meeting : July 15, 21 AGENDA TEMS For action ZC-1-6: Public hearing, on a for a Zone to (net) from Rural (RH-.5) Zoning District to Rural (RE-2) Zoning District with a Opportunity Overlay Zone, for Low Density Residential, at 3171 E. Tillman Lot 3 of Cal-Vista Township 21 South, Range 5 East, 31. Daniel Seid & Trust Applicant. Civilwise nc. Agent. AP# possible possible action approximately the acres Estates request property Master the Planned as Street, further described as Section Property Owner. Stephen Settlemeyer discussion, deliberation and Change application Homestead Business change located Subdivision, Settlemeyer Services GENERAL NFORMATON SUMMARY This application was heard by the Pahrump Regional Planning Commission on June 11, 21. The RPC voted to recommend approval of the Business Opportunity Overlay Zone, and leaving the Rural Homestead (RH-.5) Zoning District in place, by a 7- vote RPC minutes below.) (see RPC MNUTES RPC Minutes (from the June 11, 21 RPC meeting): For possible action ZC-1-6: Zone Change application to change approximately acres (net) from the Rural Homestead (RH-.5) Zoning District to the Rural Estates (RE-2) Zoning District with a Business Opportunity Overlay Zone, for property Master Planned as Low Density Residential, located at 3171 E. Tiliman Street, further described Lot 3 of Cal-Vista Subdivision, Township 21 South, Range 5 East, Section 31. Daniel Seid & Settlemeyer Trust Property Owner. Stephen Settlemeyer Applicant. Civilwise Services nc. Agent. AP# as Mr. Osborne reviews the staff report, recommending approval of Business Opportunity Overlay zone and leaving property zoned RH-.5. Rachel Kryder, Civilwise Services reviewed application and proposed project. Commissioner Hafen verified Civilwise s client understands this is not an approval for any sort of medical marijuana use, this is only for the overlay district. Ms. Kryder stated correct.

3 Public comment closed at 6:51 pm. on surrounding properties. Charles Augustin owns property behind subject property. Has concerns about activities recommendation of the RPC. Recommended BOCC Motion: 1 motion to approve ZC-1-6 as per the RECOMMENDATON Action: Approve, Moved by Jennifer McCall, Seconded by Bob King. the RH-.5 zoning, based on staff findings and subject to conditions of approval, Absent = ). Yes: Bob King, Bruce Earl, Gregory Hafen, Jennifer McCall, John Koenig, Joseph Motion: To approve ZC-1-6 for Business Opportunity Overlay and leave in place Vote: Motion carried by unanimous roll call vote (summary: Yes = 7, No, Goode, Bill Dolan. No: None. Absent: None. waivers. Commissioner Hafen stated for clarification purposes, this board is not approving any handled by the BOCC. Steve Osborne stated any waiver requests in conjunction with medical marijuana will be waivers are being handled administratively. square feet or less and that s where that came from, but it s her understanding those Ms. Kryder stated Business Opportunity Overlay requires buildings to be 1, Commissioner Koenig asked representative about their clients request for a waiver. notice. Tim Sutton responded that it s not necessarily a condition of approval but more of a further comment. Commissioner Hafen asks about condition of approval reserving the right to provide Public comment opened at 6:8 pm.

4 Property NYE COUNTY, NV PAHRUMP REGONAL PLANNNG COMMSSON JUNE REGULAR MEETNG - 11,21 Staff Report Agenda tem No. 12 CASE DESCRPTON(S): For possible action ZC-1-6: Zone Change application to change approximately acres (net) from the Rural Homestead (RH-.5) Zoning District to the Rural Estates (RE-2) Zoning District with a Business Opportunity Overlay Zone, for property Master Planned as Low Density Residential. LOCATON: Located at 3171 E. Tillman Street APN NUMBER(S): AP# LEGAL DESCRPTON(S): Lot 3 of Cal-Vista Subdivision, Township 21 South, Range 5 East, Section 31 PROPERTY OWNER(S): APPLCANT(S): AGENT(S): Daniel Seid & Sefflemeyer Trust Stephen Settlemeyer Applicant Civilwise Services nc. Agent Owner STAFF CONTACT: Steve P. Osborne, icr, Principal Planner (775) PROJECT SYNOPSS: Application to change the zoning of the subject property from the Rural Homestead (RH-.5) Zoning District to the Rural Estates (RE-2) Zoning District with a Business Opportunity Overlay Zone. The applicant is requesting the zone change to allow for a future use of the property as a Medical Marijuana Cultivation Facility. Medical Marijuana facilities are allowed on properties within the RH-.5 zone if there is also a Business Opportunity Overlay Zone. The RE-2 zoning is not required to apply the Business Opportunity Overlay Zone; the Business Opportunity Overlay Zone can be applied to the RM-.5 zone. The proposed RE-2 zone is in confonuance with the presently adopted 23 Master Plan designation of Low Density Residential and the 21 Master Plan Update designation of Rural Density Residential; however, the existing RH-.5 zoning is also in conformance with the adopted 23 Master Plan as well as the proposed 21 Master Plan Update. The proposed RE-2 zoning is unnecessary to accommodate a future Medical Marijuana Cultivation Facility on the site. The existing RH-.5 Zoning District along with a Business Opportunity Overlay Zone would be sufficient to accommodate a future Medical Marijuana Cultivation Facility (provided all other requirements are met, such as obtaining a Special Use Permit, State Division of Health approval, and issuance of a County medical marijuana business license). Conclusions Upon review of the application, staff finds sufficient justification to recommend approval of the Business Opportunity Overlay Zone, while leaving the RH-.5 zoning in place. Applying only the Business Opportunity Overlay Zone to the existing RH-.5 zone would be appropriate for the area, is consistent with the existing development on the subject parcel, and is in conformance with the proposed 21 Master Plan Update. RECOMMENDED MOTON(S): Move to APPROVE ZC-1-6 for the Business Opportunity Overlay Zone only, while leaving the RH-.5 zoning in place, based upon the Findings as shown on page two (2) and subject to the conditions stipulated in this report (or move to DENY ZC-1-6 based upon alternate fmdings as established by the Pahmmp Regional Planning Commission.)

5 Brothel Pahrtnnp Regional Planning Commission Jiute 11, 21 StaffReport: Zc-1-6 Page 2 of3 Findings for ZC-1-6 as required under NCC of the Nye County Code: 1. The proposed zone change conforms to the Master Plan, the Zoning Reference Map and this Chapter. The requested zone change to RE-2 is unnecessary to accommodate a future Medical Marijuana Cultivation Facility on the site. The existing RH-.5 Zoning District along with a Business Opportunity Overlay Zone would be sufficient to accommodate a future Medical Marijuana Cultivation Facility (provided all other requirements are met, such as obtaining a Special Use Permit, State Division of Health approval, and issuance of a County medical marijuana business license) and is also in conformance with the presently adopted 23 Master Plan as well as the proposed 21 Master Plan Update. 2. The uses allowed on the subject property tinder the new zone are compatible with the surrounding land uses and zoning districts. The existing RH-.5 zoning with the addition of the Business Opportunity Overlay Zone is compatible with surrounding uses consist of farming, single-family residences on large lot sizes, and commercial (brothel) uses. 3. Growth and development factors in the community indicate the need foi, or the appropriateness of the zone change. The existing RH-.5 zoning is appropriate given the size of the subject property and the surrounding lot sizes and uses. The RH-.5 zone with the Business Opportunity Overlay Zone is appropriate considering the existing greenhouse/agricultural operation on the subject property large lot sizes and commercial (brothel) uses.. Street or highway facilities providing access to the property are, or will be, adecjuate in size to meet the requirements of the proposed zone change. Access to the site is from Tillman Street which is sufficient to provide access for the proposed use. 5. Public facilities are adeqttate or will be adequate to meet the requirements of the proposed zone change. The property owner has a well and septic system on the subject property. Keeping the property RH-.5 and adding the Business Opportunity Overlay Zone is not expected to result in any significant impact on public facilities such as fire, law enforcement, parks, streets or schools. LAND USE MATRX CURRENT ZONNG MASTER PLAN DESGNATON CURRENT LAND USE STE RH-.5 Low Density Residential Agriculture/Greenhouse NORTH RH-.5 Low Density Residential Vacant/Single-family Residential SOUTH BR - General Commercial Brothel EAST RH-.5 Low Density Residential Agriculture/field crops WEST RH-.5 Mixed Use Agriculture/field crops DSCUSSON Backiround: The subject parcel was rezoned from Open Use (OU) to RH-.5 by the Board of County Commissioners at their June 2, 27 meeting as part of the Comprehensive Rezoning. No further history follows. Area Characteristics: The subject property consists of one parcel totaling approximately +/- 13.5$ acres net, which is bordered by Tiliman Street to the north. An inventory of surrounding land uses can be found in the above-listed matrix. Both parcels are located within flood zone X (unshaded), tvhich corresponds to areas outside the 5-year flood hazard area as indicated by the Flood nsurance Rate Map (FRM). External Comments: The Town of Pahrump, Emergency Services (Fire and Sheriffs Departments) and the Nye County School District offered no comments.

6 ANALYSS Nye County Public Works comments that they support 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 upon any commercial/industrial development of the property and/or complying with Nye County Code. development of the property. a semi-rural setting, and allows for the growing of agricultural field crops. The existing RH-.5 zoning is consistent with 1. Nye County Planning and Public Works reserve the right to provide future comments for any commercial/industrial ZONE CHANGE SPECAL CONDTONS OF APPROVAL the discretion of the Regional Planning Commission: The following CONDTONS FOR APPROVAL have been suggested pursuant to this recommendation and subject to and is in conformance with the proposed 21 Master Plan Update. Upon review of the application, staff finds sufficient justification to recommend approval of the Business Opportunity Overlay Zone, while leaving the RH-.5 zoning in place. Applying only the Business Opportunity Overlay Zone to the existing RH-.5 zone would be appropriate for the area, is consistent with the existing development on the subject parcel, CONCLUSONS Approval of this zone change by itself will not allow for the property owner to begin operation of a Medical Marijuana Cultivation Facility. Medical Marijuana facilities also require the approval of a Special Use Permit by the Board of County Commissioners, approval by the State of Nevada Division of Public & Behavioral Health, and the issuance of a Nye County Medical Marijuana Establishment business license. Facility. Medical Marijuana facilities are allowed on properties with the Business Opportunity Overlay Zone. The applicant is requesting the zone change to allow for a future use of the property as a Medical Marijuana Cultivation The subject property contains an approximately 5,5 square foot greenhouse constructed in single family residential living areas where livestock or other large animals may be kept as well as accessory buildings in existing RH-.5 zoning on adjacent land to the west and east and on the north side of Tillman Street. Zoning: The subject parcel is currently zoned RH-.5. The requested RE-2 zone is intended to preserve low density of County Commissioners. Zone Changes require a simple majority vote of the members present to pass a motion. a Business Opportunity Overlay Zone. The Regional Planning Commission shall fonvard a recommendation to the Board change approximately acres (net) from the RH-.5 Zoning District to the Rural Estates (RE-2) Zoning District with Application Details: The applicant is requesting a Zone Change in accordance with Nye County Code to June 11, 21 Page 3 of3 Pahrtuup Regional Planning C oinmission StaffReport: Zc-1-6

7 A, fj 12 E. State Si, Ste lot Pabrump, Nevada $98 Y:\CWJOBS\21\1\1-3 Justificatjon Letter.doc May 22, 21 Nye County Planning 25 N. Highway 16 Suite 1 Pahrump, NV $96 To Whom t May Concern: Proposed: Zone Change from RH-.5 to RE-2 Waiver Application Location: 3171 E. Tiliman St., APN ; Lot 3 of Cal Vista Subdivision Owner/Applicant: Steven A. $ettlemyer 26Trust, Steven A. Seftlemyer, Trustee Owner/Applicant The subject property is currently zoned RH-.5 with a Master Plan designation of Low Density Residential and is located east of Homestead Blvd. on the south side of Tiliman Road, which is a county maintained paved street. The current use of the property is irrigation and farming with some of the produce being grown in the greenhouses on the northeast portion of the property. The property to the south of this property is Master Planned General Commercial and currently zoned Brothel (BR). To the southeast, the property is Master Planned General Commercial and currently zoned Neighborhood Commercial and General Commercial. The property to the west is Master Planned Neighborhood Commercial but still retains the current zoning of RH-.5 originally assigned to it by Nye County. To the north and east, the properties are Master Planned Low Density Residential and zoned RH-.5. Most of the surrounding properties are undeveloped and used for farming and irrigation except for the property directly to the south which is partially developed and operated as a Brothel (The Chicken Ranch), with another Brothel directly south of it (Sheri s Ranch). t is proposed to continue the current use of the property with the exception of about 2Y2 acres at the northeast corner as shown on the accompanying Conceptual Site Plan. The purpose of this application is to rezone the property. There is currently a 55,5 square foot greenhouse and supporting out buildings. Nevada State requires commercial zoning for the licensing of a Medical Marijuana Growing facility. There is no need for any site construction, other than some minor modifications, or minor improvements. There will be major improvements for security facilities and monitoring devices. Any site improvements that Nye County may require will be determined by the Site Development Plans. LAND SURVEYNG CONSTRUCTON STAKiNG SUBDVSON TOPOGRAPHY GLOBAL POSTONENG (GPS) WATER RGHTS

8 Nye County Planning May22,21 Page 2 The proposed amendment to RE-2 would concur with the adopted policies of the Master Plan without adversely affecting or impacting public health, safety or welfare since the property is adjacent to and in close proximity to established commercial enterprises and General Commercial and Mixed Use Master Planned areas. The proposed Zone Change is compatible with the adjacent existing and planned land uses in the surrounding area. The proposal offers no adverse impacts to any portion of the surrounding area and will not require any public expenditure to support the proposed land use as proposed in the accompanying Conceptual Site Plan. ncluded in the application is a request for a waiver of the 1, square foot total floor area. Where the actual office and business portion of the application is certainly less than 1, square feet; the area of the Green House growing area is about 55, square feet. This Green House is existing and is to become an integral part of the project. Sincerely, Should you require additional information, please contact this office. Civilwise Services nc David A. Richards, Pres

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10 - MU: _ Mixed Use [ NOTFED PROPERTES GC: General Commercial SUBJECT PROPERTY LDR: Low Density Residential 19 FOOT BUFFER BLM: Bureau of Land Management EXHBT B -- MASTER PLAN CATEGORES j 1 A, C # a U 1 SUBJECT PROPERTY Pahrump Regional Planning Commission-- Seid & Settlemeyer Trust, Owner --Stephen Settlemeyer, Applicant PRPC HEARNG JUN ZC-1-6 DERnRTMENT OF PLANNNG Pahmmp Peonal Planning Distnct (PRPO The informahon ohowo hereor is approeimate and fr exhibit use ninth Nyc County is not responsible for any daims xjuneo or habilifie resulting from the use of htis document begortd he propose for whelt it is attended This drawing is not to scale

11 [ 9 FOOT BUFFER NOTFED PROPERTES SUBJECT PROPERTY EXHBT C -- AERAL PERSPECTVE Y :.. if,.1 i PRPC HEARNG JUN ZC-1-6, --s Pahrump Regional Planning Commission-- Seid & Settlemeyer Trust, Owner --Stephen Settlemeyer, Applicant -ifl flon c3[

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