NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING October 11, 2017

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1 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING October 11, 2017 Staff Report Agenda Item No. 8 a & b CASE DESCRIPTION(S): a. For possible action ZC (This item is continued from the September 20, 2017 RPC meeting): Public hearing, discussion, deliberation and possible action on a Zone Change application to change approximately 0.42 acres (18,295 square feet net) from the Neighborhood Commercial (NC) Zoning District to the General Commercial (GC) Zoning District. (The makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for November 21, 2017 at 11:00 a.m., or soon thereafter, unless otherwise announced.) b. For possible action WV (This item is continued from the September 20, 2017 RPC meeting): Public hearing, discussion, deliberation and possible action on a Waiver application to allow approximately 0.42 acres (18,295 square feet net) to be rezoned to the General Commercial (GC) Zoning District, where 20,000 square feet (net) is the minimum lot size required per NCC C, and to allow a lot width of 130 feet where 150 feet is the minimum lot width requirement in the General Commercial Zoning District (This item is Final Action by the unless appealed to the Board of County Commissioners, or otherwise announced.) LOCATION: 226 S. Emery Street APN NUMBER(S): AP# LEGAL DESCRIPTION(S): Calvada Valley Subdivision, Unit 11, Block 2, Lots 16 & 17. PROPERTY OWNER(S): APPLICANT(S): AGENT(S): Hassan Marchoud - Property Owner/Applicant. Hassan Marchoud - Property Owner/Applicant. None. STAFF CONTACT: Steve P. Osborne, AICP, Principal Planner (775) PROJECT SYNOPSIS: Application to rezone approximately 18,295 square feet net from the Neighborhood Commercial Zoning District to the General Commercial (GC) zone; and a Waiver application to allow 18,295 sq. ft. to be rezoned to the GC zone where 20,000 square feet (net) is the minimum lot size required, and to allow a lot width of 130 feet where 150 feet is the minimum lot width requirement in the GC zone. Conclusions Upon review of the applications, staff finds sufficient justification to recommend approval of the Zone Change and Waiver. The zone change is in conformance with the adopted Master Plan, which designates the subject parcel as Community Development Area (CDA). The requested GC zoning conforms to the CDA land use plan designation; it will provide for business opportunities which will benefit the community; approval will not create health or safety hazards for properties in the vicinity nor the community; the subject lot is double the size of most of the other lots in the vicinity. RECOMMENDED MOTION(S): Move to APPROVE ZC and WV based upon the Findings as shown in the staff report and subject to the conditions of approval (or move to DENY based upon alternate findings as established by the Pahrump Regional Planning Commission.)

2 October 11, 2017 Page 2 of 9 Findings for ZC as required under NCC I 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 conforms to the goals and policies of the current adopted Master Plan. The zone change is in conformance with the adopted Master Plan, which designates the subject parcel as Community Development Area (CDA). The requested GC zoning is conforming to the CDA land use plan designation. 2. The uses allowed on the subject property under the new zone are compatible with the surrounding land uses and zoning districts. The requested zone change is compatible with surrounding land uses, which consist of other commercial uses including an auto repair facility. There are General Commercial zoned properties to the west of the subject property, as well as properties zoned Light Industrial in the vicinity. 3. Growth and development factors in the community indicate the need for, or the appropriateness of the zone change. The requested zone change may be appropriate based on projected future growth of the community which may lead to a need for additional properties which would allow for general commercial types of uses. 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 proposed development will be from Emery Street, a County maintained, paved, dedicated road right-of-way. 5. Public facilities are adequate to meet the requirements of the proposed zone change. The subject property is adequately served by public facilities. The subject property is within the Great Basin water and sewer service area and development of the site would require it to be served with water and sewer provided by Great Basin s systems. The property also has direct access from a paved County right-of-way. Findings for WV as required under NCC H of the Nye County Code: 1. There are special circumstances or conditions applying to the subject property which makes compliance with the provisions of this Chapter difficult and a cause of hardship to, and abridgement of, a property right of the owner of said property. Applicant owns two lots, which have been combined into one parcel of slightly over 18,295 square feet. Most of the other lots in the vicinity are only approximately 9,000 square feet, and only have 65 feet of lot width. Other existing lots in the vicinity which are zoned GC are smaller in size and have smaller widths than the subject parcel. 2. The circumstances or conditions do not apply generally to other properties in the same land use district. The circumstances applying to the subject property do not apply generally to other properties. 3. The granting of the waiver or exception will substantiate justice to the applicant or owner(s) of the property. Approval of the requested waiver will allow the property owner to rezone to GC and to continue to develop the property for general commercial types of uses. 4. The granting of the waiver(s) would not result in material damage or prejudice to other properties in the vicinity, and the granting of the waiver would not be viewed to be detrimental to public health, safety, and general welfare. 5. The granting of the waiver(s) provides an opportunity for improved zoning and planning that would benefit the community.

3 October 11, 2017 Page 3 of 9 LAND USE MATRIX SITE NORTH SOUTH EAST WEST CURRENT ZONING MASTER PLAN DESIGNATION CURRENT LAND USE Neighborhood Commercial (NC) Neighborhood Commercial (NC) Neighborhood Commercial (NC) Neighborhood Commercial (NC) General Commercial (GC) CDA CDA CDA CDA CDA DISCUSSION No use currently partially developed with concrete foundation/paved parking Vacant/Undeveloped Vacant/Undeveloped Vacant/Undeveloped Print shop / various commercial uses Background: The subject parcel was rezoned from Light Industrial (LI) to Neighborhood Commercial (NC) by the Board of County Commissioners at their October 20, 2009 meeting, as part of a larger area rezoning. No further history follows. Area Characteristics: The subject property consists of one parcel (two lots) totaling approximately 18,295 sq. ft. net, which is bordered by Emery Street to the east. An inventory of surrounding land uses can be found in the above-listed matrix. All parcels are 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 one correspondence in opposition of the requested zone change and waiver, which is included with this staff report. 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 upon the submission of the improvement plans for any commercial/industrial development of the property and/or complying with Nye County Code. ANALYSIS Application Details: The applicant is requesting a Zone Change in accordance with Nye County Code 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 also requesting a Waiver in accordance with Nye County Code to allow 18,295 square feet net to be rezoned to the General Commercial (GC) Zoning District, where 20,000 square feet (net) is the minimum lot size required per NCC C, and to allow a lot width of 130 feet where 150 feet is the minimum lot width requirement in the General Commercial Zoning District. The Regional Planning Commission takes final action on Waiver requests, which require a simple majority vote of the members present to pass a motion. Any person aggrieved by the action of the Regional Planning Commission may appeal to the Board of County Commissioners within thirty (30) days of the date of the decision.

4 October 11, 2017 Page 4 of 9 Zoning: The subject parcels are currently zoned Neighborhood Commercial (NC), which is 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. The General Commercial (GC) zone regulations are as follows: : 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 Minimum lot width Minimum lot depth Maximum building height 20,000 square feet 150 feet 100 feet 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. D. Permissive Uses: All permissive uses in the neighborhood commercial district. Accessory uses customarily incidental thereto, providing they are not closer than ten feet (10') to any main building on the same or adjoining lot. Antenna, up to sixty five feet (65') in height. Arcades. Auto car wash/auto detail. Automobile repair facility. Automobile sales and storage (new or used). Automobile service station.

5 October 11, 2017 Page 5 of 9 Bank. Banquet hall. Bicycle sales/repair/rental. Cabinet, carpenter, electrician shop, etc. Caretaker's residence. The purpose is to permit limited residential uses within this zone for the purpose of providing security to a development. No more than one caretaker's residence shall be permitted per individually owned commercial building. The residence shall not exceed the floor area of the associated business. Catering service. Clinic. Copying, blueprinting. Dance club (excluding adult entertainment). Dog grooming. Draperies. Drive-through restaurant. Dry cleaning laundry, clothes pressing. Fitness centers/gyms. Funeral and interment services. Golf driving range, miniature golf course, baseball batting range. Grooming facility. Hospital for animals, with one outdoor pen, provided fencing or other suitable device is employed. Institution. Liquor sales establishments (classes I, II and III), provided a two hundred foot (200') distance requirement from the structure in which the use is located to the nearest property line of an existing church/synagogue, school, childcare center, public library, community recreation facility, or parks. Applications for such uses must be accompanied by the straight line drawing required pursuant to subsection P of this chapter. Ministorage facilities. Museum. Office and professional services.

6 October 11, 2017 Page 6 of 9 On premises advertising in connection with uses set forth in this section shall be subject to requirements of article VI of this chapter; however in no instance shall an on premises sign be permitted as a principal use. Park and ride temporary facilities. Parking lot. Pet store. Pharmacy. Plant nurseries, including outdoor sales. Print shop. Professional services. Public utility structure. Restaurant. Retail sales, such as clothing stores, jewelry shops, office supplies, floral shops, candy stores, video rentals, etc. Social halls, lodges, fraternal organizations and clubs. Theaters, but not including drive-ins. Travel bureau. Veterinary facility (small animal). E. Uses Subject To A Conditional Use Permit: The following are subject to a conditional use permit as provided for in articles V and VIII of this chapter: Agricultural products salesroom or shop. Amusement parks. Body art. Check cashing, payday loans or similar uses. Collection agency. Commercial parking lot. Convalescent or nursing home. Fireworks sales. Flea markets/swap meets.

7 October 11, 2017 Page 7 of 9 Fuel dispensing facility. Gaming establishments. Golf courses, except miniature golf. Hospital sanatorium. Hotel/motel/resort. Kennel, commercial. Live/work units providing services listed as permissive or conditional within this zoning district. Multi-family residence. Off premises sign (subject to article VI of this chapter). Outdoor sales display areas, with the exception of new and used automobile sales, lumberyards, garden centers, and other commercial displays that are commonly displayed in an outdoor setting on a permanent basis. Pawnshops. Private school. Public and private recreational areas and facilities such as country clubs and swimming pools. Public school/institute. Rail/motor freight terminal or bus storage. Recreational vehicle park, subject to article VI of this chapter. Retail sales with fifty percent (50%) outdoor display. Showroom (building supplies, etc.). Storage yards for construction equipment, including incidental vehicle repair. Veterinary facility (large animal). F. Uses Not Listed As Permissive Or Conditional: In those instances where a requested use is not listed above, the zoning administrator may determine whether the requested use meets the purpose and intent of the district, and is similar to other uses allowed in the district, as permitted uses, special uses or accessory uses. In those instances where the applicant disagrees with the director's determination, the applicant may appeal the decision to the planning commission. G. General Development Standards: In addition to the general development standards in article VI of this chapter, the following shall apply: 1. All building elevations shall provide appropriate design components, including, but not limited to, color variation, reveal lines, window treatment, variation in materials, columns, horizontal or vertical alterations, cornices, or other similar architectural treatment.

8 October 11, 2017 Page 8 of 9 2. Building elevations shall incorporate appropriate design components, including, but not limited to, an arcade system, tower, trellis system, or other architectural components that provide variety in the massing of the project. 3. Building entrances shall be clearly defined and recessed or framed by a sheltering element such as an awning, arcade or portico in order to provide shelter from the summer sun and winter weather. 4. Integrated architectural treatment shall be provided for building exteriors on all four (4) sides, except where allowed otherwise by the zoning administrator. 5. Building design and location shall address solar orientation to provide shelter from the summer sun. 6. Buildings shall provide sun/shade control measures that include, but are not limited to, recessed windows (minimum 4 inches), awnings, and other projecting architectural elements. 7. Loading areas, storage, and refuse areas shall generally be located to the rear of the property and in locations that minimize exposure to residential uses and high pedestrian traffic areas. 8. Walls and opaque fencing shall screen all loading areas, storage, and refuse areas from view, and shall be integrated into the design of the building. 9. Roof mounted equipment shall be screened from public view by roof forms, and painted the color of the roof. H. Additional Development Standards When Adjacent To Residential: For commercial projects proposed adjacent to a residential zone, the following shall apply: 1. A minimum six foot (6') high opaque decorative wall shall be required on the property line abutting the residential zone to visually screen the parking and circulation areas. Decorative walls shall be consistent with the design of the overall project. 2. Pathways for pedestrians, bicycles, and motorized vehicles that maintain or enhance a continuity of access between the residential and commercial uses shall be provided as required by the Nye County planning department. Such pathways may also include enhanced entryways with monuments, trellises, decorative paving, and other architectural features. 3. Truck deliveries shall be limited to the hours between six o'clock (6:00) A.M. and nine o'clock (9:00) P.M. Monday through Friday, and between eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M. Saturday and Sunday. 4. For drive-through establishments, speaker boxes and menu boards shall be oriented away from residential uses. I. Projects With Multiple Parcels: For commercial projects on multiple lots, the following shall apply: 1. Projects that employ shared parking and cross access agreements may distribute required parking across multiple parcels, in compliance with subsection E4 of this chapter. 2. A master sign program shall be required to ensure consistent signage throughout the project site and to address monumentation signage along street frontages. The master sign program shall be subject to approval by the zoning administrator. 3. Deviations from lot size, lot width, and lot depth requirements may be approved for proposed commercial development that involves multiple, contiguous lots, provided such deviations are necessary to achieve superior site planning, and development agreements for shared access and parking are approved by Nye County and duly recorded. J. Landscaping: In addition to the landscape requirements in article VI of this chapter, the following shall apply: 1. Landscaping shall serve to buffer and screen public views of parking, loading, trash areas, drivethrough facilities, and service yards.

9 October 11, 2017 Page 9 of 9 2. Areas not occupied by buildings, parking areas, or walkways shall be permanently landscaped with a combination of live vegetation, ground cover, and decorative hardscape. K. Site Development Plan Review: In addition to the site development plan review and approval procedures in article IX of this chapter, the following shall apply for properties fronting on State Highway 160 and Highway 372: 1. During site development plan review of properties fronting on State Highway 160 and Highway 372, developers shall coordinate with the Nye County planning department and the Nevada department of transportation to determine appropriate access location and traffic mitigation measures, if necessary. 2. Cross access easements shall be required for properties fronting on State Highway 160 and Highway 372. Cross access easements shall be no less than thirty feet (30') in width. (Ord. 379, 2009: Ord. 346, 2007: Ord. 338, 2007) CONCLUSIONS Upon review of the applications, staff finds sufficient justification to recommend approval of the Zone Change and Waiver. The zone change is in conformance with the adopted Master Plan, which designates the subject parcel as Community Development Area (CDA). The requested GC zoning conforms to the CDA land use plan designation; it will provide for business opportunities which will benefit the community; approval will not create health or safety hazards for properties in the vicinity nor the community; the subject lot is double the size of most of the other lots in the vicinity. 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 comply with all conditions of approval associated with these applications, otherwise the Zone Change will expire in three (3) years after the date of approval and the zoning will revert to the zoning in effect prior to the approval. 2. Prior to start of construction, Property Owner/developer shall submit for and obtain approval of a Site Development Plan. 3. Construction shall begin within three (3) years from the date of approval of the Zone Change. 4. A Waiver to allow the lot size and width must be approved. WAIVER SPECIAL CONDITIONS OF APPROVAL 1. The Waiver shall become void if the associated Zone Change (ZC ) is not approved by the Board of County Commissioners within three (3) months of the date of approval of the Waiver.

10 PRPC Hearing -- 9 Aug 2017 ZC S. Emery St Hassan Marchoud -- Owner / Applicant State St Humahuaca St Emery St Frontage Rd Nevada Rt 160 Ë Exhibit "A" -- Area Zoning Notified Properties 300 Foot Buffer NC; Neighborhood Commercial GC; General Commercial LI; Light Industrial 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.

PRPC Hearing -- 9 Aug 2017 ZC-2017-000016 -- 226 S. Emery St.

11 PRPC Hearing -- 9 Aug 2017 ZC S. Emery St Hassan Marchoud -- Owner / Applicant State St Humahuaca St Emery St Frontage Rd Nevada Rt 160 Ë Exhibit "B" -- Master Plan Category Notified Properties 300 Foot Buffer CDA 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.

12 PRPC Hearing -- 9 Aug 2017 ZC S. Emery St Hassan Marchoud -- Owner / Applicant State St Humahuaca St Emery St Frontage Rd Nevada Rt 160 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.

13 PRPC Hearing -- 9 Aug 2017 ZC S. Emery St Hassan Marchoud -- Owner / Applicant Emery St 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.

NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING APRIL 15, 2015

NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING APRIL 15, 2015 Staff Report Agenda Item No. 10 CASE DESCRIPTION(S): For possible action CU-2015-000005: Public hearing, discussion, deliberation