I GENERAL INFORMATION SUMMARY I

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1 AGENDA ITEM #34 b I PAHRUMP REGIONAL PLANNING COMMISSION I STAFF REPORT Meeting Date: November 9,2006 Prepared By: I GENERAL INFORMATION SUMMARY I Agenda items: Master Plan Amendment with Related Applications: b. ZC : (Non-Conforming) Zone Change application to change approximately 19.0 acres fi-om the General Commercial (GC) District to the Mixed Use (MU) District for property Master Planned as Gateway Master Planned Community General Commercial (GC), located at approximately C.A.A.S and Highway 160, within Sections 2 & 3, Township 21 South, Range 54 East. If approved, would allow for the development of neighborhood commercial, single or multi-family residential uses. AP# (a portion) and (a portion). Property Owner(s): PV Land Investments LLC & SW Desert Equities Applicant: PV Land Investments Agent: Quadrant Planning, Joe1 McCullough Project Description: Proposed re-planning of a commercial area by adding multi-family and expanding the Single-Family residential areas within the approved Gateway Master Plan Requested Action: Approval of a (non-conforming) Zone Change Application to change properties designated as General Commercial to multi-family and single-family residential. Property Size: Approximately 19-acres Staff Recommendation: 1. Approval of the Zone Change application to Mixed Use (does not require a Master Plan Amendment), subject to conditions. Case History: Prior cases include a Master Plan Amendment, Zone Change, Conditional Use Permit and Waiver. Required Vote to Pass: Zone Changes and Condition Use Permits require a simple majority vote of the RPC members present to approve or deny. I RECOMMENDED MOTIONIFINDINGS I Zone Change Required Considerations (NCC ). In determining whether to approve, conditionally approve, or deny an application for a Zone Change, the Planning Commission shall consider: 1. Whether or not the proposed zone change conforms to the Master Plan, the Zoning Reference Map and this Chapter (Chapter 17.04, the Zoning Ordinance). Staff Findings: The requested chan~e is considered to be a non-material modification as defined within the approved Development agreement Section 4.10(a)/l & 2) which allows for the developer Page 1 of 4

2 to change the location of a use from the location specified in the Desi~n Guidelines. but only if the change in location will not have a si~nificant adverse impact on other existing uses in the area.. 2. Whether or not the uses, which would be allowed on the subject property by approving the zone change, will be compatible with the surrounding land uses and zoning districts. Staff Findings: The MU Zone allows for a wide-ran~e of uses that are considered to be compatible with the surround in^ land uses under the adopted Gateway Design Guidelines. 3.. Whether or not growth and development factors m the community indicate the need for or : appropriateness of the zone change. Staff Findings: The growth and development factors in the communitv may or mav not indicate the need for the zone chanpe, however the zone change supports several goals, policies and obiective of the Master Plan related to; Community growth and development, use of natural resources, development of open space and parks, development of master planned communities with integrated design ~uidelines, provision of a diversity of housin~ types for single-family and multi-family housinp. mixed densities, creation of communitv gateways us in^ streetscape improvements, public art, simage. landscaping and other techniques, 4. Whether or not street or highway facilities providing access to the property are, or will be, adequate in size to meet the requirements of the proposed zone change. Staff Findings: Primary access is via Nevada Hwv 160. a vartiailv improved state maintained ROW. Developer contributions as outlined within the Development A~reement specify developer participation in the provision of adequate public facilities. 5. Whether or not public facilities are adequate to meet the requirements of the proposed zone change. Staff Findings: Provertv owner shall be required to provide or to participate in the vrovision of adequate public facilities. Recommended Motion to Approve (NCC I): I move to approve this Zone Change application for GC Zoning District, based on the findings and subject to the conditions of approval as outlined in the staff report. Recommended Motion to Deny (NCC ): I move to deny this Zone Change application based on the following findings: (1VOTE: If additional flndings or conditions are made to support the motion, or stafffindings or if conditions are modified, the RPC must clearly state the modifica~ions for the record using considerations 1 through 5 outlined above). I SITE PLAN/PROJECT/ZONING ANALYSIS The subject property is currently undeveloped and is subject to the approved Gateway Design Guidelines and approved Development Agreement. With this revision approximately 39-acres are planned General Commercial (GC) compared to the 33-acres called out in the original plan. Based upon the revisions (ZC-015,15 1 & 152) the planned land use summary for the Gateway project becomes: Land Use Multi-Family Total Acres 99 General Commercial Parks, Openspace, Paseo Roads (ROW) Water, Wastewater Facilities I Totals I Page 2 of 4

3 Compared to the previous land use summary: Land Use Multi-Family Total Acres 140 ~acilities Totals 900 AGENCYD'UBLIC COMMENTS Adjacent Property Owners: no comments received at the time of writing. Public Works: None. Town of Pahrump: None. Nye County Sheriff: None. -Pahrump Fire Chief: None. Nye County School District: None. APPEAL Actions by the Regional Planning Commission are delivered to the Board of County Commissioners (Board) in the form of recommendations only. The Board takes final action on the applications; therefore, there is no formal appeal process for actions of the Planning Commission. STAFF RECOMMENDATIONS (If Approved) Zone Change Standard Conditions of Approval Unless otherwise specified, all conditions must be met or financial assurances must be provided to satisfy the conditions prior to submittal for a building permit. The Nye County Planning Department andlor Public Works Department is responsible for determining compliance with a specific condition, and shall determine whether the condition must be fully completed or whether the applicant shall be offered the option of providing financial assurances. Ail agreements, easements, or other documentation required by these conditions shall have a copy filed with the Public Works- and the Planning- Departments. Compliance with the conditions of this approval is the responsibility of the applicant, its successor(s) in interest, and all owners, assignees, and occupants of the property and their successors in interest. Failure to comply with any conditions imposed in the approval of this application may result in the implementation of revocation procedures. Nye County reserves the right to review and revise the conditions of this approval should it determine that a subsequent license or permit issued by Nye County violates the intent of this approval. For the purposes of conditions imposed by Nye County, "may77 is permissive and "shall" or "must" is mandatory. Approval of this application does not constitute approval of a liquor, gaming, sexually oriented business, brothel or fireworks license or any other County issued permit, license, or approval. Developer(s) shall, at their own cost, perform and complete all work and improvements required by state and county statutes, codes, regulations, etc. If required, any drainage study, construction plans andlor traffic studies must be submitted and approved prior to construction and all improvements must comply with the approved plans. Unless expressly authorized through a waiver or another approved method, development of the property shall comply with all applicable codes and ordinances. Page 3 of 4

4 9. At the time of development, staff approval is required of the Site Development Plan, which may include, but not be Iimited to (dependent on the use of the property), review of parking layout, landscaping, lighting, screening walls and fences, as well as signage requirements. 10. Developer(s) shall participate and perform and complete a11 work (at their own expense related to on-site and off-tract improvements) required by federal, state and county statutes, codes, and regulations that are in effect at the time of development. Zone Change Special Conditions of Approval 1 1. Prior to any of the buildings being put to any use the property owner shall obtain a zoning review application(s) for each lessee for the purposes of ascertaining appropriate land uses for the commercial districts. Page 4 of 4

5 PV LAND INVESTMENTS MAJOR MASTER PLAN AMENDMENT (MP )& ZONE CHANGE APPLICATION (ZC ) MODIFICATION TO DEVELOPMENT AGREEMENT TO CHANGE APPROXIMATELY 19 ACRES FROM THE GATEWAY MASTER PLANNED COMMUNITY GENERAL COMMERCIAL (GC) LAND USE CATEGORY TO THE GATEWAY MASTER PLANNED COMMUNITY MULTlFAM I LY (MF) LAND USE CATEGORY, AND APPROXIMATELY 38 ACRES FROM THE GATEWAY MASTER PLANNED COMMUNITY MULTIFAMILY (MF) LAND USE CATEGORY TO THE GATEWAY MASTER PLANNED COMMUNITY SINGLE-FAMILY (SF) LAND USE CATEGORY LOCATED AT APPROXIMATELY C.A.A.S. STREET AND HIGHWAY $60. APWS IA

6 T.21S., R.54E. SECTIONS I I &I2 CATEGORY TO THE GATEWAY MASTER PLANNED COMMUNITY CATEGORY, AND APPROXIMATELY 38 ACRES FROM THE GATEWAY

7 LAS VEGAS OFFICE 3800 Howard Hughes Parkway Seventh Floor ias Vegas, NV Tel: Fax: RENO OFFICE 5585 Kietzke Lane Reno. NV Tel: Fax: SUMMERLlN OFFICE SUMMERLIN OFFICE CARSON CITY OFFICE 3425 Cliff Shadows Parkway 510 W. Fourth Street Suite 150 Carson Citv. NV Las Vegas. NV Tel: 77: Tel: Fax: Fax: October 5,2006 Via Hand Delive y Cheryl Beeman Planning Director Nye County Planning Department 250 N. Highway 160 Suite 1 Pahnunp, Nevada Re: J~cst~pcation Letter for Development Agreement, Major ModiJica fions and Zone Changes Assessor Parcel Numbers ; ; ; ; ; PVLand Investments, LLC ("'Applicant'? Dear Ms. Beeman: Please be aware that this office represents the Applicant in the above referenced applications. The development agreement ("Development Agreement") for the Gateway Master Planned Community ("Gateway Community") was approved by the Nye County Board of County Commissioners on September 19,2004. The Applicant is making minor adjustments to the Gateway Community. Pursuant to the appiications listed above, the Applicant requests the following: 1. An addition of twenty (20) acres to the Gateway Community as single-family residential with Assessor's Parcel number located in the northeast corner of the.. development and adjacent to the approved Gateway Community; 2. A redistribution of the general commercial within the Gateway Community from one thirty-four (34) acre general commercial site to two general commercial sites. The general commercial sites consist of the following a. Fifteen (1 5) acres located at the north entrance to the Gateway Community; and b. Twenty-four (24) acres located at the south entrance to the Gateway Community;

8 Cheryl Beeman October 5,2006 Page 2 3. i ~ increase n in the total general commercial acreage for the Gateway Cornunity from thirty-four (34) acres to thirty-nine (39) acres, for an increase of five (5) acres of general commercial overall; and 4. A reduction in the total multi-family acreage for the Gateway Community fiom one hundred seventeen acres (1 17) to ninety-nine (99) acres, for a reduction of eighteen (1 8) acres of multi-family overall; The revisions are consistent with the Development Agreement and the Design Guidelines attached thereto and we respectfblly request the approval of the above listed applications. Please contact me at (702) if you have any further questions regarding this matter. Sincerely, KUMMBR KAEMPFER BONNE RENSHAW & FERRAFUO Elizabeth S. Barnett

9 SITE SUMMARY Focus Properly -c 920 Acres 665 Acres 2 99 Acres Generd Commercial: Parks I Open Sgxfce: R.O.W.: Wastewater Treatmefit: Water Facilities: Paseo: * 39 Acres Acres 2 35 Acres + 40 Acres + 8 Acres* & 5 Acres * Specific location of water facilities to be determined. Conce~tuai! Master Plan Pabrump, Nevada

10 Section 2 COMMUNITY THEME Manse SITE SUMMARY Focus Property: Single Family Residential: MultbFamlly Restdentlot -c 900 Acres k 620 Acres.c 140 Acres General Commercial: P& l Open SF / Roods: + 33 Acres *- 59Acres ***Approdmatev 48 acres of total acreage will be utilized for water 8r wastewater focilhies. Speciflc IocaHon to be determined. Conceptual Master Plan Gateway Planned Community ~ahrurn~, Nevada 0 Gateway Exhibit 2 ILLUSTRATIVE CONCEPT PLAN Design Guidelines 2-7 March 30,2006

11 - Manse Rd

12 Parcels Being Changed Through Major Modification Property Owner MODIFICATION 1 PV Land Investments PV Land Investments (portion) Gateway Proposed Gateway land use PV Land Investments (portion) SW Desert Equities PV Land Investments I NONE

13 Parcels Being Rezoned REZONING NUMBER Property Owner APN Acres Existing Zoning Proposed Zoning I 1 I I 1 1 PV Land ( MU I GC Investments P V Land Investments Cportion) 10.5 MU GC I 1 I I I 2 1 PV Land I @ortioa) GC ]MU Investments SW Desert Equities (portion) GC MU I 1 I I I 3 I PV Land ] IOU f MU f Investments I I I I I -