NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING OCTOBER 12, 2016

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1 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING OCTOBER 12, 2016 Staff Report Agenda Item No. 10 CASE DESCRIPTION(S): For possible action ZC : Public hearing, discussion, deliberation and possible action on a request for a Zone Change application to change approximately 1.37 acres from the Rural Estates (RE-2) Zoning District to the General Commercial (GC) Zoning District. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for November 15, 2016 at 11:00 a.m., or soon thereafter, unless otherwise announced.) LOCATION: 5480 E. Manse Road APN NUMBER(S): AP# LEGAL DESCRIPTION(S): Christensen Record of Survey, F#368509, Parcel 2 PROPERTY OWNER(S): APPLICANT(S): AGENT(S): Mark & Nicole Genet Property Owner/Applicant Mark & Nicole Genet Property Owner/Applicant Kenneth E. Murphy / Shadow Mountain Construction, LLC Agent STAFF CONTACT: Steve P. Osborne, AICP, Principal Planner (775) PROJECT SYNOPSIS: Application to change the zoning of the subject property from the Rural Estates (RE-2) Zoning District to the General Commercial (GC) Zoning District. Conclusions Upon review of the application, staff finds sufficient justification to recommend denial of the Zone Change application to the General Commercial (GC) zoning district; however, staff would support a zone change to the Neighborhood Commercial (NC) zoning district. It is not clear that the requested Zone Change to the GC zoning district is in conformance with the adopted Master Plan designation of SPD (Special Plan of Development), as there is no development agreement for the subject property. The GC zoning district is not consistent with adjacent land uses and zoning districts; additionally, the proposed development of a mini-storage facility does not require the GC zoning district. Alternatively, the Neighborhood Commercial (NC) zoning district would allow for the proposed mini-storage facility and would be more consistent and compatible with adjacent land uses and zoning districts. RECOMMENDED MOTION(S): Move to APPROVE ZC to the Neighborhood Commercial (NC) zoning district based upon the Findings as shown on page two (2) and subject to the conditions stipulated in this report (or move to DENY ZC based upon alternate findings as established by the Pahrump Regional Planning Commission.)

2 Pahrump Regional Planning Commission Staff Report: ZC October 12, 2016 Page 2 of 5 Findings for ZC as required under NCC I of the Nye County Code: 1. The zone change to Neighborhood Commercial (NC) conforms to the Master Plan, the Zoning Reference Map and this Chapter. A zone change to the Neighborhood Commercial (NC) zoning district conforms to the currently adopted 2014 Master Plan, Zoning and this Chapter. The current 2014 Master Plan land use plan designates the subject parcel as Special Plan of Development (SPD). Rezoning to the Neighborhood Commercial (NC) zoning district would allow for the proposed mini-storage facility and would be consistent and compatible with adjacent land uses and zoning districts. 2. The uses allowed on the subject property under the new zone are compatible with the surrounding land uses and zoning districts. The alternative staff recommendation of the Neighborhood Commercial (NC) zoning district is compatible with surrounding land uses and zoning; the adjacent parcel to the east is currently zoned Neighborhood Commercial (NC). There is no General Commercial (GC) zoning adjacent to the subject parcel or in close proximity to the subject parcel. 3. Growth and development factors in the community indicate the need for, or the appropriateness of the zone change. There has been no evidence submitted indicating rezoning of the subject parcel to the General Commercial (GC) zoning district is necessary or appropriate. There is no General Commercial (GC) zoning adjacent to the subject parcel or in the nearby vicinity of the subject parcel. In staff s opinion, rezoning to the Neighborhood Commercial (NC) zoning district would allow for the applicant s stated objective of constructing a mini-storage facility and would be appropriate for the subject parcel. 4. 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. Access to the property is from Manse Road, an existing paved and dedicated county right-of-way. 5. Public facilities are adequate or will be adequate to meet the requirements of the proposed zone change. Public facilities are adequate to meet the requirements of the zone change. LAND USE MATRIX CURRENT ZONING MASTER PLAN DESIGNATION CURRENT LAND USE SITE RE-2 Special Plan of Development (SPD) NORTH Specific Plan (SP) - Special Plan of Development Mountain Falls (SPD) SOUTH Specific Plan (SP) Special Plan of Development Adaven/America West (SPD) EAST NC Special Plan of Development (SPD) WEST RE-2 Special Plan of Development (SPD) Vacant / undeveloped Single Family Residential Church / Religious Facility Vacant / undeveloped Single Family Residential Single Family Residential DISCUSSION Background: The subject property was rezoned from Open Use (OU) to Rural Estates (RE-2) by the Board of County Commissioners at their April 20, 2010 meeting as part of the Comprehensive Rezoning. The 2014 Master Plan Update, adopted December 16, 2014, designated the subject parcel as Special Plan of Development (SPD). No further history follows. Area Characteristics: The subject property consists of one parcel approximately 1.37 acres which is bordered by Manse Road to the south. An inventory of surrounding land uses can be found in the above-listed matrix. The subject parcel is

3 Pahrump Regional Planning Commission Staff Report: ZC October 12, 2016 Page 3 of 5 located within flood zone X, which corresponds to areas outside the 500-year flood hazard area as indicated by the Flood Insurance Rate Map (FIRM). External Comments: The Town of Pahrump, Emergency Services (Fire and Sheriff s Departments) and the Nye County School District offered no comments. Staff has received no letters in opposition or support of the requested zone change. Nye County Public Works comments: ANALYSIS Application Details: The applicant is requesting a Zone Change in accordance with Nye County Code to change one parcel approximately 1.37 acres in size from the Rural Estates (RE-2) Zoning District to the General Commercial (GC) Zoning District. The Regional Planning Commission shall forward a recommendation to the Board of County Commissioners. Zone Changes require a simple majority vote of the members present to pass a motion. The applicant is proposing to change the zoning to accommodate the proposed development of a mini-storage facility. The applicant s letter states that mini-storage buildings are proposed along with covered storage for boats and RVs, however, the applicant s conceptual site plan shows only mini-storage buildings and does not show any area for outdoor storage of boats and RVs. The applicant s conceptual site plan does not meet the setback requirements for the GC zone: a 30 foot side setback is required when adjacent to residential uses the site plan shows only a 24 foot side setback on the west side. The applicant s conceptual site plan complies with the setback requirements for the NC zone; only a 20 foot side setback is required in the NC zone when adjacent to residential uses. A mini-storage facility with no outdoor storage would not require the GC zoning district. Alternatively, the Neighborhood Commercial (NC) zoning district would allow for the proposed mini-storage facility as depicted in applicant s site plan and would be more consistent and compatible with adjacent residential land uses and residential zoning districts. Zoning: The subject parcel is currently zoned RE-2. The requested General Commercial (GC) Zoning District is intended to provide large community scale commercial development; offices, services, and commercial uses including retail stores are permissive uses in the GC zone : GC GENERAL COMMERCIAL: A. Scope: The following regulations shall apply to the GC general commercial zone. No new building or structure shall be erected, or parcel developed in a GC general commercial zone unless in conformance with the provisions identified herein. B. Purpose: The GC general commercial zone is intended to provide large community scale commercial development, where the square footage of a lot is greater than twenty thousand (20,000) square feet (net). Office, service, and commercial uses in this district shall provide for retail needs with proximity to major arterial roadways as an amenity to the service provider. C. Height, Lot And Setback Requirements: Minimum lot size 20,000 square feet Minimum lot width 150 feet Minimum lot depth 100 feet

4 Pahrump Regional Planning Commission Staff Report: ZC October 12, 2016 Page 4 of 5 Maximum building height 48 feet MINIMUM BUILDING SETBACKS Use Front Side Rear Street Side Principal and accessory structures 20 feet 0 feet 1 30 feet 20 feet Note: feet when adjacent to residential uses : NC NEIGHBORHOOD COMMERCIAL: A. Scope: The following regulations shall apply to the NC neighborhood commercial zones. No new building or structure shall be erected, or parcel developed in an NC zone unless in conformance with the provisions identified herein. B. Purpose: The NC neighborhood commercial zones are intended to provide small and medium scale commercial development, where the floor area occupied by any one use, or combined floor area of principal and accessory uses is less than seventy five thousand (75,000) square feet in floor area. Office, service, institutional and commercial uses in this district shall provide for the day to day needs of residential areas. C. Height, Lot And Setback Requirements: Minimum lot size 5,000 square feet Minimum lot width 50 feet Minimum lot depth 100 feet Maximum building height 32 feet MINIMUM BUILDING SETBACKS Use Front Side Rear Street Side Principal and accessory structures 15 feet 0 feet 1 15 feet 1 15 feet Note: feet when adjacent to residential uses. The subject parcel is designated in the 2014 Master Plan as Special Plan of Development (SPD).

5 Pahrump Regional Planning Commission Staff Report: ZC October 12, 2016 Page 5 of 5 The subject property has not undergone any special level of public review; there is no Development Agreement for this property. It appears that the SPD designation was intended to be applied to the Mountain Falls subdivision to the north of the subject parcel, and to the future Adaven/America West subdivision to the south; the row of parcels along Manse Road south of the Mountain Falls subdivision appears to have been designated as SPD in error. Water: Analysis of the potential impact of the proposed project on community water resources: 1. Community Source Water Protection Plan (CSWPP): Proximity of the proposed project to Public Water System(s)/Source Water Protection Area(s): The proposed project/subject location is approximately ½ mile northeast of the Pahrump Utility Company, Inc. public water system (W04), and approximately one mile west of Pahrump Utility Company, Inc. public water system (W03) (see map below from 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): No Mini-storage facility is not listed as a Potential Contaminant Source. Class: Not Applicable. Source: N/A. Risk Level (Low/Moderate/High): N/A. 3. Water Quantity. Estimated Water Use: Water usage estimate not provided or calculated for the proposed use. CONCLUSIONS Staff finds sufficient justification to recommend denial of the Zone Change application to the General Commercial (GC) zoning district; however, staff would support a zone change to the Neighborhood Commercial (NC) zoning district. The Neighborhood Commercial (NC) zoning district would allow for the proposed mini-storage facility and would be more consistent and compatible with adjacent land uses and zoning districts. The following CONDITIONS FOR APPROVAL have been suggested pursuant to this recommendation and subject to the discretion of the Regional Planning Commission: ZONE CHANGE SPECIAL CONDITIONS OF APPROVAL 1. Property Owner shall obtain approval of a Site Development Plan prior to construction of the proposed mini-storage facility or any future commercial development of the subject property.

6 Cimrosa Wy Carrara Pointe St Riposo Ct Novelli Pl Castello Wy PRPC Hearing Oct Item # 10 ZC E. Manse Road -- APN Mark & Nicole Genet -- Owners / Ken Murphy -- Agent Mountain Falls Pkwy Rosa St Manse Rd Ë Exhibit "A" -- Area Zoning Notified Properties 300 Foot Buffer RE-2; Rural Estates Residential SP; Specific Plan 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.

7 Cimrosa Wy Carrara Pointe St Riposo Ct Novelli Pl Castello Wy PRPC Hearing Oct Item # 10 ZC E. Manse Road -- APN Mark & Nicole Genet -- Owners / Ken Murphy -- Agent Mountain Falls Pkwy Rosa St Manse Rd Ë Exhibit "B" -- Master Plan Category Notified Properties 300 Foot Buffer SPD 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 Cimrosa Wy Carrara Pointe St Riposo Ct Novelli Pl Castello Wy PRPC Hearing Oct Item # 10 ZC E. Manse Road -- APN Mark & Nicole Genet -- Owners / Ken Murphy -- Agent Mountain Falls Pkwy Rosa St Manse Rd Ë Exhibit "C" -- Aerial Perspective Notified Properties 300 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.

9 PRPC Hearing Oct Item # 10 ZC E. Manse Road -- APN Mark & Nicole Genet -- Owners / Ken Murphy -- Agent Manse Rd 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.

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