LYON COUNTY PLANNING COMMISSION TUESDAY, SEPTEMBER 12, :00 AM LYON COUNTY ADMINISTRATIVE COMPLEX 27 S. MAIN STREET YERINGTON, NV AGENDA

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1 LYON COUNTY PLANNING COMMISSION TUESDAY, SEPTEMBER 12, :00 AM LYON COUNTY ADMINISTRATIVE COMPLEX 27 S. MAIN STREET YERINGTON, NV AGENDA (Action will be taken on all items unless otherwise noted) (No action will be take n on any ite m until it is prope rly age ndize d). To avoid meeting disruptions, please place cell phones and beepers in the silent mode or turn them off during the meeting. The Board reserves the right to take items in a different order to accomplish business in the most e fficie nt manne r. Ite ms may be combine d for conside ration and ite ms may be pulle d or re move d from the agenda at anytime. Re strictions on comme nts by the ge ne ral public: Any such re strictions must be re asonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon vie wpoint. 1. Roll Call 2. Pledge of Allegiance 3. Public Participation (no action will be take n on any ite m until it is prope rly age ndize d) - Members of the public who wish to address the Planning Commission may approach the podium and speak on matters related to the Lyon County Planning Commission, but no on items appearing on the Agenda. Speakers are asked to state their name for the record and to sign and print their name on the form at the lectern. Comments are limited to three minutes per person or topic. The Commission reserves the right to reduce this three minute time limit, as well as limit the total time for public comment. If your item requires extended discussion, please request the Chair to calendar the matter for a future Planning Commission meeting. The Planning Commission will not restrict comments based on viewpoint. The same applies to public testimony on each Agenda item. The Chair may reopen public participation at any time during the meeting. No action may be taken upon a matter raised under this 1

2 item of the Agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken. 4. Re vie w and Adoption of Age nda (for possible action) 5. Pre se ntation and Re ading of Misce llane ous Corre sponde nce 6. Public Hearing Items 6.a. 6.b. (For Possible Action) COPPER CANYON ESTATES 2016, LLC PARCEL MAP Request for a Parcel Map to divide a total acre parcel into two (2) parcels, the smallest being acres, for the purpose of creating a separate parcel for future sale and development; located off of Bryce Street, Dayton, NV (APN ) PLZ Copper Canyon - Parcel Map (For Possible Action) MELIUS, JENNIFER ZONE CHANGE - Request to change the zoning from RR-5 (Rural Residential - 20 acre minimum) to RR-4 (Rural Residential - 10 acre minimum) on an approximately total acre parcel; located at 19 Nordyke Road, Yerington (APN ) PLZ Jennifer Melius- ZoneChange 7. Staff Comme nts and Commissione r Comme nts 8. Public Participation (no action will be take n on any ite m until it is prope rly age ndize d) - Members of the public who wish to address the Planning Commission may approach the podium and speak on matters related to the Lyon County Planning Commission but not on items appearing on the Agenda. Comments are limited to three minutes per person or topic and will not be restricted based on viewpoint. No action may be taken upon a matter raised under this item of the Agenda until the matter itself has been specifically included on an Agenda as an item upon which action may be taken. 9. ADJOURNMENT This agenda has been posted in accordance with the open meeting law at the following locations: Lyon County Courthouse, Lyon County Administrative Comple x, Ye rington City Hall, Ye rington Post Office, Silve r Springs Human Se rvice s, Dayton Utilitie s, City of Fe rnle y. Lyon County recognizes the needs and civil rights of all persons regardless of age, race, color, religion, se x, handicap, family status, or national origin. In accordance with Fe de ral civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and e mploye e s, and institutions participating in or administe ring USDA programs are prohibite d from discriminating base d on race, color, national origin, re ligion, se x, ge nde r ide ntity (including ge nde r e xpre ssion), se xual orie ntation, disability, age, marital status, family/pare ntal status, income de rive d from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing de adline s vary by program or incide nt. Pe rsons with disabilitie s who re quire alte rnate me ans of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA s TARGET Center at (202) (voice and T) or contact USDA through the Federal Relay 2

3 Se rvice at (800) Additionally, program information may be made available in language s othe r than English. To file a program discrimination complaint, comple te the USDA Program Discrimination Complaint Form, AD-3027, found on-line at and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Inde pe nde nce Ave nue, SW, Washington, DC ; Fax: (202) ; or program.intake@usda.gov T.D.D. services available through or or 911 (emergency services) notice to persons with disabilitie s: me mbe rs of the public who are disable d and re quire spe cial assistance or accommodations at the me e ting are re que ste d to notify the Commissione rs'/manage r's office in writing at 27 S. Main Street, Yerington, NV 89447, or by calling (775) at least 24 hours in advance Lyon County is an equal opportunity provider. Agenda and Backup Material is Available at 3

4 Lyon County Planning Commission Agenda Summary Meeting Date: September 12, 2017 SUBJECT (For Possible Action) COPPER CANYON ESTATES 2016, LLC PARCEL MAP Request for a Parcel Map to divide a total acre parcel into two (2) parcels, the smallest being acres, for the purpose of creating a separate parcel for future sale and development; located off of Bryce Street, Dayton, NV (APN ) PLZ Recommendation: ATTACHMENTS Copper Canyon - Parcel Map 4

5 LYON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT B UILDING D EVELOPMENT E NGINEERING P LANNING 27 S. MAIN S TREET Y ERINGTON, NEVADA (775) F AX: (775) LAKES B OULEVARD D AYTON, NEVADA (775) F AX: (775) Lyon County Planning Commission PLZ Parcel Map to subdivide an existing gross acre property into two (2) 20-acre parcels Meeting Date: September 12, 2017 Owner(s): Surveyor: Location: Copper Canyon 2016 LLC Manhard Consulting/Jerry Juarez Parcel Number: (APN) Master Plan: Zoning: Flood Zone(s): Case Planner: 1241 State Route 208, Mason Valley, NV Suburban Residential E-1 (First Estates Residential 12,000 square foot minimum) X Unshaded (areas determined to be outside of the 500-year floodplain) Rob Pyzel Request: The applicant proposes that the above-referenced acre parcel be subdivided into two (2) parcels through the parcel map land division process. Proposed parcel B-1 would be approximately acres and propose Parcel B-2 would be approximately acres. The property is currently zoned E-1 (Fifth First Estates Residential 12,000 square foot minimum). As such, both of the proposed parcels would be in conformance with the minimum lot size requirement for the E-1 zoning district. STAFF RECOMMENDATION: Staff is in favor of the proposed parcel map if it is subject to necessary conditions of approval. The parcel map is in compliance with the 2010 Comprehensive Master Plan land use designation as well as the minimum lot size requirements of the E-1 zoning district. As conditioned, adequate access will be provided and secured. Staff s recommendation is based on the findings and recommended conditions as listed in this staff report and substantiated in the public record. RECOMMENDED MOTION: I move that the Lyon County Planning Commission approves the parcel map consisting of two (2) parcels, the smallest being acres, within the total acre subject site for Copper Canyon 2016 LLC, APN (PLZ ), based on the following findings and subject to the conditions of approval: Findings: A. The proposed parcel map conforms to the requirements set forth for the E-1, First Estates Residential (12,000 square foot) zoning district in Title 10 of the Lyon County Code, or such requirements can be met with the imposition of reasonable conditions of approval. Page 1 of 11 Copper canyon 2016 LLC Parcel Map 5

6 B. The proposed parcel map conforms to the requirements set forth in Title 11 of the Lyon County Code or such requirements can be met with the imposition of reasonable conditions of approval. Conditions of Approval: 1. The applicant shall comply with all Federal, State, County and special purpose district regulations. 2. The water rights relinquishment for proposed Parcels B-1 and B-2 would be required prior to recordation the parcel map. 3. The applicant shall make corrections of any engineering or drafting errors and other technical map corrections to the satisfaction of the County Engineer and Planning Director prior to submitting the map for recordation. 4. The applicant shall pay the actual costs for County Engineer plan and map checking and County Inspector site improvement inspection fees, in accordance with the adopted County fee resolution in effect at the time, and provide proof of payment to the Planning Department prior to map recordation. 5. The applicant shall comply with Lyon County s 1996 drainage guidelines, as revised. 6. The applicant shall comply with Lyon County improvement requirements as set forth in Chapter of the Lyon County Code. 7. The applicant shall comply with all applicable fire code requirements to the satisfaction of the Central Lyon County Fire Protection District. 8. No lot shall be offered for sale or sold and no building permits shall be accepted for processing until the final parcel map has been approved and recorded. 9. The applicant shall comply with dedication or relinquishment of water rights necessary to insure an adequate water supply for residential use of the newly created parcels prior to recordation of the final parcel map. 10. The final parcel map will comply with the current County 7.5- and 5-foot public utility easement standards on all parcels prior to recordation. 11. The following items are required of all development: a. All construction shall comply with all applicable building and fire code requirements. b. Building permits shall be issued in compliance with Titles 10 and 11 of the Lyon County Code. c. Site development work will require a grading permit(s) in accordance with Title (F). d. Structures placed on these parcels shall adhere to the County s site and setback standards for the zoning district as it applies to each parcel at the time of development. e. Distinct and legible temporary addresses are required of any structures under construction until such time as permanent address numbers are installed and posted. f. All debris on construction sites must be contained and removed periodically as required for safety and cleanliness to the satisfaction of the Lyon County Building Department. g. Prior to any combustible materials being brought on site street name signage shall be installed, if applicable. 12. The applicant shall pay in full all property taxes through the end of the fiscal year (June 30) and any applicable agricultural deferred taxes prior to recordation of the final parcel map. 13. The applicant shall pay required recording fees at time of final parcel map recordation. 14. Any further division may be subject to the imposition of subdivision improvement standards as may be legally imposed at the time. The applicant shall place a note to this effect on the final parcel map prior to recordation. 15. Approval of the tentative parcel map shall not constitute acceptance of the final parcel map. Approval of the tentative parcel map shall lapse unless a final parcel map based thereon is submitted within two (2) years from the date of such approval. No extension may be granted after receiving approval of the tentative parcel map. Page 2 of 11 Copper Canyon 2016 LLC Parcel Map 6

7 16. The applicant shall provide the parcel map to the Lyon County GIS Coordinator in form and format compatible with the County geographical information system (GIS) pursuant to of the Lyon County Code. The scale of the site plan, improvements, monuments and other items shall be in model space correctly oriented to coordinate system as established by the GIS Coordinator. Cover sheet and standard details need not be included. General Information Property Location: The project site is located on the north side of Highway 50 and accessed off of North Rainbow Drive and Bryce Street in Dayton, NV. Size: The subject site is acres in size. Background: The original tentative map for Copper Canyon Estates was approved by the Board of Commissioners on October 14, 2003 to allow the subdivision of approximately 320 acres into 687 single family residential lots. No final subdivision map has been approved and recorded since Copper Canyon Estates Phase 1 Unit 1 on March 19, 2007 (Document #402690). As such the original approval for the tentative subdivision map for Copper Canyon Estates expired. Per Nevada Revised Statutes, in order to move further in development of the Copper Canyon Subdivision, the developer was required to come back through the tentative subdivision map process. In order to accomplish this task, the developer was approved through the merger and re-subdivision approval of 2016 to merge the acres of the adjusted Remainder Parcel of the Record of Survey in support of a Boundary Line Adjustment for Reynen & Bartis (Copper Canyon), LLC and MW Housing Partners III, LP (Document #401403) and the acres Remainder Parcel of the Copper Canyon Estates Phase 1 Unit 1 Final Map (Document #402690) into one approximately acre parcel and resubdivision of the merged acre parcel via a tentative subdivision map for 585 single family residential lots. This merger and resubdivision action created a single Page 3 of 11 Copper Canyon 2016 LLC Parcel Map 7

8 parcel that makes up the remaining area covered in the original Copper Canyon Estates tentative map approval granted in The developer requests to re-establish a property line that was relocated through a Boundary Line Adjustment (Doc. #561448) through this parcel map request. As indicated below, the Boundary Line Adjustment relocated the formerly east-west running property line (highlighted in yellow) to a new alignment running north-south (also highlighted in yellow). This proposal can be seen when comparing the above Boundary Line Adjustment map to the proposed parcel map with the new property line highlighted in yellow below: Page 4 of 11 Copper Canyon 2016 LLC Parcel Map 8

9 Staff Review and Comments: Zoning: The subject site is zoned E-1 (First Estates Residential District). Both the resulting parcels to be created through the proposed parcel map are in excess of 12,000 square feet in size. Proposed Parcel B-1 would be approximately acres in size and proposed Parcel B-2 would be approximately acres in size. Flood Plain: The property is designated on the County s FEMA Flood Insurance Rate Map Geographic Information System ( GIS ) as Zone X Unshaded. The X Unshaded Zone are areas that are located outside of the 500-year floodplain. Page 5 of 11 Copper Canyon 2016 LLC Parcel Map 9

10 While the site has been partially mass-graded and there is some of the required infrastructure installed for the future further subdivision of the subject site, there are no above-ground structures that must comply with the required E-1 building setbacks from property lines. The proposed parcel map would be in compliance with the E-1 minimum 12,000-square foot minimum lot size. Any new development on the two parcels being created through the parcel map process would have to comply with the E-1 development standards and land use regulations. Improvement Requirements and Water Rights Dedication: The proposed parcel map must meet the minimum discretionary requirements and mandatory water rights requirements set forth in Lyon County Code ( LCC ) Section Requirements: Discretionary requirements and mandatory water rights requirements are as follows: A. Discretionary Requirements: Requirements which may be imposed by the planning commission are as follows: 1. Street grading, drainage provisions and lot designs as are reasonably necessary. 2. Off-site access, street alignment, surfacing and width, water quality and sewage provisions as are reasonably necessary and consistent with the existing use of any land zoned for similar use which is within six hundred sixty feet (660') of the proposed parcel. The planning commission may require additional improvements that are reasonably necessary and consistent with the use of land if it is developed as proposed. 3. For a second or subsequent parcel map with respect to a single parcel, or contiguous tract of land under the same ownership, any reasonable improvement, but not more than would be required if the parcel was developed as a subdivision. B. Mandatory Water Rights Dedication or Relinquishment Requirements: All parcel maps submitted for approval must dedicate or relinquish water rights as follows: 1. If the parcel map is not within the existing boundaries of a municipal or private water system and the newly created parcels are to be served by domestic well: Page 6 of 11 Copper Canyon 2016 LLC Parcel Map 10

11 Access: (a) The parcel owner shall relinquish to the State Engineer water rights necessary to insure an adequate water supply for the domestic use of the newly created parcels from within the water basin in which the parcel is located; and (b) Relinquishment of water rights in paragraph 1(A) shall be at the applicant s cost; and (c) For purposes of this section, necessary water rights required by paragraph 1(a) shall be 2.00 acre feet per year valid underground water rights; and (d) No parcel map shall be recorded by the County until the requirements in paragraph 1 have been satisfied. 2. If the parcel map is within the existing boundaries of a municipal or private water system: (a) The dedication or relinquishment of water rights necessary to ensure an adequate water supply for the domestic use of the newly created parcels shall follow the rules and requirements of that system, or a written statement from the municipal or private water system that no dedication or relinquishment requirements exist, or that dedication or relinquishment requirements have been satisfied, must be submitted before any map may be recorded; and (b) Dedication or relinquishment of the water rights shall be at the applicant's cost; and (c) For purposes of this section, necessary water rights required by subsection B2a of this section shall be determined by the rules and requirements of the municipal or private water system. (Ord. 520, ) LCC Chapter (A) (2)(c) requires a minimum road easement width of 50 feet with an improved section of not more than 36 feet width if the local road has the future potential to provide access for more than forty (40) lots. The subject site is accessed by a 60-foot wide road (Bryce Street). Bryce Street terminates at the southeastern portion of the subject site and runs south to directly connect to Highway 50. Bryce Street is a County-maintained road. Page 7 of 11 Copper Canyon 2016 LLC Parcel Map 11

12 LCC D.6 details the standards for roadway improvement required for county roads existing or proposed at the time of subdivision. The table included in LCC Section D.6 requires that subdivisions and subsequent parcel maps in the E-1 zoning district are subject to urban street improvement road standards (asphalt-concrete streets, curbs, gutters and sidewalks). Bryce Street currently has these improvements installed to the boundary of the subject site. As further subdivision occurs, the same urban development standards will be required to be installed as the street system moves into the subject site as part of the final map/site improvement permit processes. Additionally, a 60-foot wide access and public utility easement running roughly parallel to the southern property line of proposed Parcel B-2 is shown in conformance with an access and public utility easement recorded per a previous subdivision map (Doc. #402690). Fire Protection: The property is within the Central Lyon County Fire Protection District ( CLCFPD ). Given that future final subdivision maps will be forthcoming on the subject site, CLCFPD did not forward any comments regarding the parcel map. Public Utility Easements: Lyon County s current standard for public utility easements listed in Chapter (E) requires a minimum 7.5-foot utility easement in the front yard of a parcel and a minimum 5-foot utility easement along all other property lines. The parcel map will need to be revised to comply with the current County 7.5- and 5-foot public utility easement standards. As noted above, a 60-foot wide access and public utility easement running roughly parallel to the southern property line of proposed Parcel B-2 is shown in conformance with an access and public utility easement recorded per a previous subdivision map (Doc. #402690). Water Rights: LCC Chapter (B) states that: B. Mandatory Water Rights Dedication Or Relinquishment Requirements: All parcel maps submitted for approval must dedicate or relinquish water rights as follows: 1. If the parcel map is not within the existing boundaries of a municipal or private water system and the newly created parcels are to be served by domestic well: a. The parcel owner shall relinquish to the state engineer water rights necessary to ensure an adequate water supply for the domestic use of the newly created parcels from within the water basin in which the parcel is located; and b. Relinquishment of water rights in subsection B1a of this section shall be at the applicant's cost; and c. For purposes of this section, necessary water rights required by subsection B1a of this section shall be 2.00 acre-feet per year valid underground water rights; and d. No parcel map shall be recorded by the county until the requirements in this subsection B1 have been satisfied. LCC Chapter sets out the mandatory and discretionary requirements for Parcel Maps. County Code and Nevada Revised Statutes permits the imposition of reasonable requirements as part of the approval of a parcel map. The subject site is located within the existing boundaries of a municipal or private water system Lyon County Utility Department. The Lyon County Utility Department had the following comment: I am still awaiting an Assignment of Beneficial Interest (ABI) for water rights to assign to each new parcel. On August 7th, I sent an to Mr. Wingert of Crown West Land Group requesting that he assign 2.02 acre feet to each parcel. I haven't received anything as of yet. Once I receive the ABI, I can issue the will serve for the two parcels. Until then, neither of the parcels has any water rights assigned to it. The water rights relinquishment for proposed Parcels B-1 and B-2 would be required prior to recordation the parcel map. Page 8 of 11 Copper Canyon 2016 LLC Parcel Map 12

13 Water Supply and Sewer Service: As noted above, the subject site is currently served by Lyon County Utility Department for both domestic water service and domestic sewer service. Water: Sewer: Page 9 of 11 Copper Canyon 2016 LLC Parcel Map 13

14 Drainage: The existing drainage on the subject site is illustrated below: The developer has submitted a Preliminary Drainage Study dated October 17, 2016 with the parcel map application materials originally submitted as a part of the tentative subdivision map which included the subject site. The preliminary drainage study was conducted to evaluate drainage impacts for the acres comprising the remaining residential portion of the Copper Canyon Estates subdivision. As a part of the tentative subdivision map application, the drainage study recommended construction of a series of trapezoidal channels, either 24 or 48 feet in width which will capture and direct off-site and some on-site flows into existing drainage channels and the existing detention basin (designated as Pond No.3 constructed with Copper Canyon Estates Phase 1, Unit 1) as well as two new detention basins to be constructed with the building of the remaining tentative map project area. The preliminary drainage report states that the new detention basins, culverts and channels were designed to mitigate the 100-year event peak flows to pre-development (or existing) flows. The project site will also tie into existing storm drainage facilities with curb and gutter, storm drain inlets, storm drain pipes and swales. After detaining the flows, the discharge on the east side of the project will flow into the existing eastern ditch channel located adjacent to Copper Canyon Estates Phase 1, Unit 1 and into an existing storm drain pipe located under Highway 50 while the discharge from the west side of the project will flow into the culvert located under Wells Fargo Avenue and then on to the natural drainage ways south of the subject site. The developer must comply with Lyon County s adopted 1996 storm drainage guidelines to include the preparation of a final drainage report to be submitted with the final map(s) for the project in accordance with the County s storm water standards for onsite retention/detention of storm water for the entire development that may occur from the addition of impervious surfaces. The report must address offsite flows, and how they will be routed through the site and discharged without additional impact to downstream properties. Drainage facilities, including off-site facilities and easements Page 10 of 11 Copper Canyon 2016 LLC Parcel Map 14

15 necessary to carry and process stormwater generated by the project, must be included in subdivision improvement plans that are required to be submitted to and approved by the County Engineer prior to recording a final map(s) for the project. As such, staff is of the opinion that the drainage of the subject site and surrounding properties has been properly considered and will be dealt with as the subject site develops. Alternatives to the Staff Recommendations: Alternative for Continuance If the Planning Commissioners determine that there is insufficient information with which to make a decision on the application before them, that additional information, discussion and public comment are necessary to have a more complete and thorough review of the proposed parcel map, then the Planning Commission should make the appropriate findings and move to continue the Public Hearing for the parcel map application. If so, then the Planning Commission may wish to consider a motion similar to the following: The Lyon County Planning Commission finds that: A. Additional information, discussion and public review are necessary for a more thorough review of the proposed parcel map. Based on the finding listed above and the applicant s concurrence, the Planning Commission continues the parcel map consisting of two (2) parcels, the smallest being acres, within the total acre subject site for Copper Canyon 2016 LLC, APN (PLZ ), for days. Alternative Motion for Denial: If the Planning Commission determines that they should deny the parcel map application, then the Planning Commission may wish to consider a motion similar to the following: The Lyon County Planning Commission finds that: A. The parcel map is not in substantial compliance with the Master Plan goals, objectives and actions. B. The parcel map is not in substantial compliance with the requirements of Title 11 of the Lyon County Code. C. The proposed use will be detrimental to the public health, safety, convenience and welfare, D. The proposed use will result in material damage or prejudice to other properties in the area. Based on the aforementioned findings, the Lyon County Planning Commission denies the parcel map consisting of two (2) parcels, the smallest being acres, within the total acre subject site for Copper Canyon 2016 LLC, APN (PLZ ). LCC C: An applicant aggrieved by a decision of the planning commission may appeal to the Board of County Commissioners within thirty (30) days of the mailing of the decision. The Board of County Commissioners shall render their decision within forty five (45) days after filing of the appeal and payment of fees. Page 11 of 11 Copper Canyon 2016 LLC Parcel Map 15

16 Lyon County Planning Commission Agenda Summary Meeting Date: September 12, 2017 SUBJECT (For Possible Action) MELIUS, JENNIFER ZONE CHANGE - Request to change the zoning from RR-5 (Rural Residential - 20 acre minimum) to RR-4 (Rural Residential - 10 acre minimum) on an approximately total acre parcel; located at 19 Nordyke Road, Yerington (APN ) PLZ Recommendation: ATTACHMENTS Jennifer Melius- ZoneChange 16

17 LYON COUNTY COMMUNITY DEVELOPMENT DEPARTMENT B U I L D I N G D E V E L O P M E N T E N G I N E E R I N G P L A N N I N G 27 S. MAIN ST REET YERINGTON, NEVADA (775) F AX: (775) LAKES BOULE V ARD DAYTON, NEVADA (775) F AX: (775) Lyon County Planning Commission PLZ Zone Change Meeting Date: September 12, 2017 Owners: Applicant: Area Location: Jennifer Melius Owner Mason Valley Parcel Number(s): (APN) Existing Zoning: STAFF REPORT RR-5 (Fifth Rural Residential 20 acre minimum) Proposed Zoning: RR-4 (Fourth Rural Residential 10 acre minimum) Master Plan: Case Planner: REQUEST: Agriculture (Rural Character District) Rob Pyzel The applicant has submitted a zone change application to change the current zoning on the subject site from RR-5 (Fifth Rural Residential 20 acre minimum) to RR-4 (Fourth Rural Residential 10 acre minimum) to allow for the creation of two (2) minimum 10-acre parcels to be used for an additional single family residence. STAFF RECOMMENDATION: Staff recommends approval of the rezoning request based on the findings as listed in the staff report as the request would be in conformance with the 2010 Comprehensive Master Plan Rural District characteristics and would be compatible with the existing and potential surrounding rural residential development pattern. A Zone Change request cannot be conditioned. RECOMMENDED MOTION: I move that the Lyon County Planning Commission recommend approval of the rezoning request for Jennifer Melius to change the zoning designation from RR-5 (Fifth Rural Residential 20 acre minimum) to RR-4 (Fourth Rural Residential 10 acre minimum) on an approximately acre parcel; generally located at 19 Nordyke Road, Mason Valley, NV (APN ) PLZ , based on the findings contained in the staff report. Findings: A. The zone change is in substantial compliance with and promotes the Master Plan goals, objectives and actions. Page 1 of 16 Melius Rezoning 17

18 B. The proposed zoning promotes development that is commensurate with the character and current use of the surrounding land and will not have detrimental impacts to other properties in the vicinity. C. The proposed zoning is timely and contributes to the orderly and efficient arrangement of transportation and other public facilities and services. D. The proposed zoning will not negatively impact existing or planned public services or facilities and will not adversely impact the public health, safety and welfare. PROPERTY INFORMATION: Location: The property is generally located in the southern portion of Mason Valley on the southwest corner of the Nordyke Road/Borsini Lane intersection. The situs address of the subject site is 19 Nordyke Road, Mason Valley, NV. Size: The subject site is approximately acres total in size. BACKGROUND: The subject site is located in the southern area of Mason Valley adjacent to Nordyke Road and the East Fork of the Walker River. The subject site has one (1) existing single family residence Page 2 of 16 Melius Rezoning 18

19 on an existing well and septic system according to the Assessor s records. The Assessor s records indicate that the property is not being used for agricultural. Flood Zone: A majority of the subject site is located within the A Flood Zone. Title 12 Flood Control defines Zone A as a special flood hazard areas with a one percent (1%) annual chance of flooding and a twenty-six percent (26%) chance of flooding over the life of a thirty (30) year mortgage; base flood elevations are not determined. Page 3 of 16 Melius Rezoning 19

20 Public Facilities and Services: Access: Access to the site can be either via Nordyke Road to State Route 339 as well as via Nordyke Road to Borsini Lane to Barrett Lane to State Route 208. Water: There is 1 domestic water well on the subject site that provides water for the existing single family residence. Sewer: The subject site has 1 septic system that provides sewage disposal according to the Assessor s information. Land Use: As noted above, the subject site currently has one (1) single family residence located on the acre site. The property is currently zoned RR-5 (Fifth Rural Residential 20 acre minimum). The proposed rezoning is to add one (1) additional single family residence for the applicant s sister. The applications include the following statement from the applicant: My ultimate goal is to subdivide my property into two separate parcels (10 acre and 16 acre), so that my sister, Ida Davis, who will be in need of long-term care, can build a home adjacent to my home. I wish for the new construction to take place on the 10-acre parcel. Page 4 of 16 Melius Rezoning 20

21 Findings for Granting a Zone Change Request: NRS grants authority to the County to establish zoning districts, and to regulate the use of land within those zoning districts provided the districts and uses are adopted in accordance with the Master Plan and are designed to achieve specific goals. Within Title 10 under Section , the Lyon County Code declares the purpose and considerations of the establishment of zoning districts: : PURPOSE AND CONSIDERATIONS: The purposes of this title are to promote the public health, safety, morals, convenience and general welfare, to lessen traffic congestion in the streets, to provide light and air for all buildings, to avoid undesirable concentration of population, to prevent overcrowding of land and to facilitate adequate provisions of transportation, water, sewage, schools, parks and other public requirements and to provide the economic and social advantages gained from a comprehensively planned use of land resources. To accomplish these purposes, the zoning districts hereinafter described are established within Lyon County. In the creation of this title and inclusion of these land use provisions, the board has given due and careful consideration to the suitability of each district for the regulations applied thereto and the location and extent of each district and the comprehensive grouping and arrangement of the various uses and densities of population in accordance with a well-considered plan for the development of the county and its desirable relationship to adjoining jurisdiction. When making an approval, modification or denial of a zoning map or text, the Commission and the Board should, at a minimum, make one of the following findings of fact: A. The zone change is in substantial compliance with and promotes the Master Plan goals, objectives and actions. The master plan land use designation, goals, objectives and actions/strategies are an expression of the county s long-term expectations for development within a particular area. It does not necessarily mandate that zoning be changed concurrently to be consistent with the master plan designation (see Nevada Attorney General Opinion No. 84-6). The subject site is located within the Mason Valley region. Mason Valley is described in the 2010 Comprehensive Master Plan as follows: Mason Valley is a picturesque agricultural, mining and regional commercial center surrounded by mountain ranges of colorful canyons, and high desert vegetation. The City of Yerington, the Lyon County seat, lies on the valley s western side just north of where the West and East Forks of the Walker River come together and flow through the valley. Irrigation ditches branch out to carry water to the green fields and ranches where onions, alfalfa, grass hay, pasture grass, grains, and other crops grow. Cottonwood trees add seasonal color and mix with the native vegetation of sagebrush and rabbit brush. In addition to onion and hay fields, livestock, feedlots and dairies, other agricultural businesses add to the general rural character of the region. A full range of commercial and industrial businesses are located in Yerington, as well as government offices. Residents enjoy the rural character, convenience of local services, variety of housing opportunities, with low density residential development outside of the City of Yerington, surrounding open lands and an abundance of recreation opportunities. Page 5 of 16 Melius Rezoning 21

22 Within the 2010 Comprehensive Master Plan Mason Valley is an area categorized as having a Rural Character District. The general location of the subject site is highlighted in yellow below: The Character District guides the development intensity and standards which are to be applied. The 2010 Comprehensive Master Plan describes Rural Character Districts as follows: Rural Districts Rural Districts include those areas that are predominately low density residential development with limited neighborhood commercial uses. They may or may not have agricultural land uses or grazing lands. Improvement standards will reflect the rural character of the area. Rural districts are not likely to have municipal water and sewer. Roads are likely to have dirt shoulders, some equestrian paths as well as bike facilities within road rights-of-way. The proposed rezoning from RR-5 (20 acre minimum) to RR-4 (10 acre minimum) would be in keeping the single family residential development in the area at the low density designation level as described in the Rural Districts definition. In the 2010 Comprehensive Master Plan, the property has the land use designation of Agriculture. Page 6 of 16 Melius Rezoning 22

23 The Agricultural land use designation in the 2010 Comprehensive Plan is described as follows: Characteristics: Private properties under production. Residential density may be clustered or transferred (See Agriculture Land Options). Examples of uses: irrigated land for production of crops, pasture and grazing land. Agricultural related commercial and limited industrial uses, and other limited commercial and tourist commercial uses compatible with the agricultural use of the land and rural character. When reviewing the 2010 Comprehensive Plan, the Agricultural land use designation is focused on maintaining existing agricultural uses while realizing the need for single family residences as well as farm labor housing. However, the 2010 Comprehensive Plan delegates residential density at the level proposed in the rezoning request should occur in the Rural Residential land use designation versus the Agricultural land use designation where the residential density remains at 1 dwelling unit per 20 acres. The Rural Residential land use designation does include residential densities at the 1 dwelling unit per 10 acres intensity whereas the Low Density Residential land use designation includes residential densities at the 1 dwelling unit per acre to 1 dwelling unit per 5 acres range (refer to the Community Land Use Plan Categories Table information included below). Page 7 of 16 Melius Rezoning 23

24 1 Countywide Plan Land Use Category 2 Community Plan Land Use Designation 3 Density Range/ Size 4 Examples of Uses 5 Description/ Characteristic s Master Plan & WCLC Land Use Plan 7 Current Zoning Districts Agriculture and Resource Lands Agriculture Irrigated Agriculture (private) 1 DU per 20 acres (0.05DU /acre) Irrigated land used in the production of crops and pasture, and having requisite water rights. Private property under irrigated cultivation or irrigated pasture generally larger than 40 acres. Residential uses may be clustered or transferred away from agricultural lands to conserve large intact agricultural lands. Agricultural related commercial and limited industrial uses, and other limited commercial and tourist commercial uses compatible with the agricultural use of the land and rural character. AG VLDR RR-5 Page 8 of 16 Melius Rezoning 24

25 1 Countywide Plan Land Use Category 2 Community Plan Land Use Designation 3 Density Range/ Size 4 Examples of Uses 5 Description/ Characteristic s Master Plan & WCLC Land Use Plan 7 Current Zoning Districts Range & Non- Irrigated Agriculture (private) 1 DU per 20 acres (0.05DU /acre) Grazing land, feed-lot, hay stacking yard Private properties used for non-irrigated livestock grazing or feeding, or nonirrigated lands used in conjunction with a developed ranching or farming operation that are generally larger than 40 acres. Residential uses may be clustered or transferred away from agricultural lands to conserve large intact agricultural lands. Agricultural related commercial and limited industrial uses, and other limited commercial and tourist commercial uses compatible with the agricultural AG VLDR RR-5 Page 9 of 16 Melius Rezoning 25

26 1 Countywide Plan Land Use Category 2 Community Plan Land Use Designation 3 Density Range/ Size 4 Examples of Uses 5 Description/ Characteristic s Master Plan & WCLC Land Use Plan 7 Current Zoning Districts use of the land and rural character. Residential General Rural 1 DU per 20 acres (0.05DU /acre) Single-family residences, gentleman farms and ranches, etc. Typically found in rural districts and on the suburbanizing fringe. 20 acre or larger lots for single-family residential development. AG VLDR RR-5 Rural Residential Rural Residential 1 DU per 5 to <20 acres (> DU/acre ) Single-family residences, farmettes and ranchettes, etc. Typically found in rural districts and on the suburbanizing fringe. Lot size and layout varies. Typically not served by municipal utilities, depending on location in suburbanizing district. LDR RR-3 RR-4 Page 10 of 16 Melius Rezoning 26

27 1 Countywide Plan Land Use Category 2 Community Plan Land Use Designation 3 Density Range/ Size 4 Examples of Uses 5 Description/ Characteristic s Master Plan & WCLC Land Use Plan 7 Current Zoning Districts Low Density Residential Low Density Residential 1 DU per 1 to <5 acres (> DU/acre ) Single-family residences. Typically found in rural districts and on the suburbanizing fringe. Lot size and layout varies. Typically not served by urban or municipal utilities, depending on location in suburbanizing district. LDR RR-1 RR-2 However, the 2010 Comprehensive Master Plan also includes the following statement: Land Use Categories shown are generally consistent with Lyon County zoning and do not remove or vastly change owner entitlements to properties. However, some categories suggest a slight refocus of future development patterns to better achieve Comprehensive Plan Goals. For example, the intent for lands designated as Highway Corridor Mixed-Use is to gradually transition away from the strip commercial pattern along the county s highways to become a more cohesive mix of uses with offices, residential, and commercial that is focused in centers. Likewise, some of the lands in Smith Valley that are zoned for Rural Residential are shown as Agriculture, because the intent is that they are part of a larger agricultural area where options for landowners to conserve lands, do clustered development, or transfer density to more concentrated rural development areas is desirable. The Agriculture designation does not imply a change in potential development units from current zoning. Zoning is an implementation measure for carrying out the goals, objectives and actions contemplated in a Master Plan. It designates that the County feels that the time is right for development to occur to the densities/intensities allowed under the land use designation categories contained in the Master Plan. Zoning districts that are equal to or less dense/intense than the underlying master plan designation are considered to be consistent with the Master Plan. Page 11 of 16 Melius Rezoning 27

28 In looking at the southern portion of the Mason Valley designated as Agricultural in the 2010 Comprehensive Plan and having RR-5 zoning, staff has identified at least twenty-eight (28) individual parcels (identified below with blue outlines; subject site outlined in red) in the area surrounding the subject site that, while having the 2010 Comprehensive Master Plan land use designation of Agricultural and having RR-5 zoning, do not comply with the RR-5 s minimum 20-acre lot size. Additionally, there are parcels located in the southern portion of Mason Valley that are smaller than 20 acres and have the correct zoning for their current parcel size, but are not in compliance with the Agricultural land use designation residential density of 1 dwelling unit per 20 acres. Staff is of the opinion that the rezoning request would reflect the overall development pattern as stated for Rural District characteristics of low density residential. Staff also is of the opinion that the proposed zone change would help in the implementation of the 2010 Comprehensive Master Plan goals and the related policies and strategies: Goal LU 1: Orderly Growth Patterns Direct and manage development in the county so that it is orderly and fiscally responsible. o Policy LU 1.1: Follow Development Patterns as Established on Countywide Land Use Plan or a More Specific Community Plan o Policy LU 2.2: Service Levels to Vary by Character Areas Page 12 of 16 Melius Rezoning 28

29 While the proposed rezoning would allow for two single family residences on two parcels under twenty acres, the resulting development would reflect existing similar properties within the southern Mason Valley, is appropriate for the available service levels in the area. B. The proposed zoning promotes development that is commensurate with the character and current use of the surrounding land and will not have detrimental impacts to other properties in the vicinity. Subject Property and Surrounding Area Land Use Current Master Plan Zoning Current Land Use Subject Property Agriculture RR-4 (Proposed) Single family residence North Agricultural RR-5 South Agriculture RR-5 East Agricultural RR-5 West Agriculture RR-5 Active agriculture, associated out-buildings & single family residence Active agriculture, associated out-buildings Single family residence, active agriculture Active agriculture, associated out-buildings The property located north of the subject site currently has active agricultural, associated out-buildings and a single family residence on 838 acres. The single acre property located to the south and west of the subject site has active agricultural and associated out-buildings. One of the parcels to the east of the subject site is only 6.02 acres in size and has a single family residence. The other parcel located to the east of the subject site is acres in size and only has active agriculture use occupying the property. All of the properties surrounding subject site are zoned RR-5. The RR-5 zoning development standards include the following: A minimum parcel size of twenty (20) acres or larger; Permitted uses consisting of: o One or more single-family dwellings (more than one dwelling is permitted provided there is not less than twenty (20) acres for each dwelling unit and maintain a minimum of fifty (50) feet of separation between the dwelling units); o Detached guest building (having no separate kitchen facilities or equipment suitable for such use); o Accessory residential uses; o Barnyard animal buildings including coops, pens or other such structures provided they are not located closer than the required setback distances (corrals for horses are exempt from this requirement and farrowing pens/feedlots are excluded); o Buildings for the display and sale of products grown or raised on the premises (provided a fifty (50) foot separation is maintained from any adjacent property classified as non-rural residential district); o Farms for the raising or growing and marketing on a commercial scale of poultry, rabbits, livestock, tree, bush and field crops (but not including commercial slaughtering); o Hunting and fishing lodges, wildlife refuges and game farms; and home occupations. Uses requiring approval of a Special Use Permit include: o Airports; o Breeder kennels; Page 13 of 16 Melius Rezoning 29

30 o o o o o o o o o o o o o Cemeteries; Churches, temples, or other structures used exclusively for religious worship; Dude/guest ranches; Race tracks; Commercial stables; Recreational and educational uses and buildings; Residential industry (providing parking and setback requirements can be complied with); Rest/convalescent/nursing homes/homes for the aged/sanitariums/group care facilities; Tennis/golf/civic or country clubs; Utility/public uses and service centers; Commercial wind energy conversion systems; On land designated by the assessor as agricultural, landowners may provide buildings for use as farm labor housing for seasonal or temporary employees of the landowner. Such housing units may include cooking facilities and must comply with United States Department of Labor Standards per Title 20, Chapter V of the Code of Federal Regulations; and Other like uses. The RR-4 zoning district development standards are as follows: A minimum parcel size of ten (10) acres or larger; Permitted uses consisting of: o One or more single-family dwellings (more than one dwelling is permitted provided there is not less than ten (10) acres for each dwelling unit and maintain a minimum of fifty (50) feet of separation between the dwelling units); o Accessory residential uses (such as home occupations, storage sheds, etc.); o Barnyard animal buildings including coops, pens or other such structures provided they are not located closer than the required setback distances (corrals for horses are exempt from this requirement and farrowing pens/feedlots are excluded); o Buildings for the display and sale of products grown or raised on the premises (provided a fifty (50) foot separation is maintained from any adjacent property classified as non-rural residential district); o Farms for the raising or growing and marketing on a commercial scale of poultry, rabbits, livestock, tree, bush and field crops (but not including commercial slaughtering); o Hunting and fishing lodges, wildlife refuges and game farms. Uses requiring approval of a Special Use Permit include: o Airports; o Breeder kennels; o Cemeteries; o Churches, temples, or other structures used exclusively for religious worship; o Dude/guest ranches; o Race tracks; o Commercial stables; o Recreational and educational uses and buildings; o Residential industry (providing parking and setback requirements can be complied with); o Rest/convalescent/nursing homes/homes for the aged/sanitariums/group care facilities; o Tennis/golf/civic or country clubs; o Utility/public uses and service centers; o Mining (including extraction and/or processing of rock, sand, gravel, asphalt and like earth products including topsoil stripping; o Rifle and archery ranges, trap shoots; o Campgrounds; o Commercial farrowing pens and feedlots; and Page 14 of 16 Melius Rezoning 30