STAFF REPORT # CONDITIONAL USE PLANNING COMMISSION MEETING DATE: January 17, 2013

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1 STAFF REPORT # CONDITIONAL USE PLANNING COMMISSION MEETING DATE: January 17, APPLICATION: A conditional use application submitted by Millennium Investments, LLC for a recreational vehicle. This application is filed in conjunction with application a change of zoning to Commercial-2 on a duel zoned parcel of land zoned Open Space and Agricultural Residential. 2. LOCATION: A acre parcel of land lying within the N1/2 of Section 16, Township 35 North, Range 56 East M.D.B. & M., Nevada. 3. BACKGROUND INFORMATION: Assessor s Parcel Number: Owner(s) of Record: Millennium Investments, LLC Previous Applications on Property: COZ Open Space to Agricultural Residential, PCR 21-95, and Boundary line Adjustment File No , May, Size of Property: acres Access: Frontage Road 454 (Old US 40) Master Plan: Not Master Planned Comments: Attached to report as received. 4. PROJECT IMPACTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: The parcel is acres in size. Applicant will design for a maximum of 100 spaces and the actual number of spaces will be dependent upon design, parameters outlined in the Nevada Administrative Code (NAC), Elko County Code requirements and other applicable laws. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: The recreational vehicle park is expected to be utilized in part for transient housing as there is a housing shortage in the area. Page 1 of 17

2 Vehicle trips generated are calculated based upon 100 RV spaces at 7 vehicle trips per day generated per space for a total of 700 vehicle trips at full capacity. Improvements to the Frontage Road 454, Access Points/encroachments will be the responsibility of the applicant. A traffic Study is requested by the Nevada Department of Transportation to determine if improvements to Frontage Road 454 will be required. See attached NDOT letter dated Dec. 12, C. THE AEFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: o Applicant will be responsible for design and development of a commercial septic system, acquisition of a commercial water right, and the design and development of a commercial water system to serve the recreational vehicle park. These systems shall be designed by a Nevada licensed Engineer prior to construction in accordance with Nevada Administrative Code 445A under the direction of the Nevada Department of Environmental Protection. o A bond or cash amount equal to the projected five (5) year operational and maintenance costs of the public water and waste water systems shall be required. Said bond or cash amount shall be held for a period of five (5) years as per ECC and NRS 445A.895 which read in part: CONDITIONAL USES: Certain uses, referred to in this Title as conditional uses, are declared to possess characteristics which require special appraisal by the Planning Commission in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. (IN PART) NRS 445A.895 Systems constructed after June 30, 1991: Conditions for issuance of permit. A permit to operate a water system may not be issued pursuant to NRS 445A.885 unless all of the following conditions are met: Page 2 of 17

3 1. Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system. 2. The applicant fully complies with all of the conditions of NRS 445A.885 to 445A.915, inclusive. 3. The applicant submits to the Division or the district board of health designated by the Commission documentation issued by the State Engineer which sets forth that the applicant holds water rights that are sufficient to operate the water system. 4. The local governing body assumes: (a) Responsibility in case of default by the builder or developer of the water system for its continued operation and maintenance in accordance with all the terms and conditions of the permit. (b) The duty of assessing the lands served as provided in subsection The applicant furnishes the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system: (a) For 5 years following the date the system is placed in operation; or (b) Until 75 percent of the lots or parcels served by the system are sold, Ê whichever is later. o The applicants parcel fronts Old US 40 and is located approximately 5/8 of a mile from the Osino Interchange of I-80. The location is desirable for a recreational vehicle park from the viewpoint of surrounding land uses, need for additional transient housing and access to I-80. o Emergency services will access the recreational vehicle park by way of the I-80 Osino exit and by FR 454. o Fire water requirements will be established by the Nevada Department of Forestry prior to construction of the recreational vehicle park. o The RV Park is expected to be utilized in part for transient housing as there is a housing shortage in the area. o Vehicle trips generated are calculated based upon 100 RV spaces at 7 vehicle trips per day generated per space for a total of 700 vehicle trips at full capacity. o Page 3 of 17

4 o NDOT has requested that the applicant preform a traffic study to determine road improvement requirements. Improvements to Frontage Road 454, Access Points/encroachments will be the responsibility of the applicant. See attached NDOT letter dated Dec. 12, CONSISTENCY WITH EXISTING ZONING: The area is comprised of industrial, light industrial and ranching uses. The Charan Trailer Park was once located on what is now the Northeastern Nevada Regional Railport located approximately 5/8 of a mile east of the applicants proposal. 6. STAFF COMMENTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: The property is adequate in size and shape to accommodate the proposed. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: Improvements to Frontage Road 454, Access Points/encroachments will be the responsibility of the applicant. A traffic Study is requested by the Nevada Department of Transportation to determine if improvements to Frontage Road 454 will be required. C. THE AFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: o In addition to the above, Emergency services will access the recreational vehicle park by way of the I-80 Osino exit and by FR 454. o Fire water requirements will be established by the Nevada Department of Forestry prior to construction of the recreational vehicle park. o Applicant will be responsible for design and development of a commercial septic system, acquisition of a commercial water right, and the design and development of a commercial water system to serve the recreational vehicle park. Page 4 of 17

5 These systems shall be designed by a Nevada licensed Engineer prior to construction in accordance with Nevada Administrative Code 445A under the direction of the Nevada Department of Environmental Protection. o A bond or cash amount equal to the projected two (2) year operational and maintenance costs of the public water and waste water systems shall be required. Said bond or cash amount shall be held for a period of two (2) years. See attached memo dated Dec. 13, 2012 from Lynn Forsberg, Director of Elko County Public Works. D. CONSISTENCY WITH EXISTING ZONING AND USES: The area is comprised of Industrial, Light Industrial and ranching uses. The Charan Trailer Park was once located on what is now the Northeastern Nevada Regional Railport located approximately 5/8 of a mile east of the applicants proposal. E. Prior to the completion of this report comments may or may not have been received from the following: o Elko County Building & Safety Dept. o Elko County Sheriff s Office o Elko County Public Works Dept. o Elko County Highway Dept. o Elko County Manager Office o Nevada Division of State Health o Nevada Division Forestry o Nevada Department of Transportation o Nevada Div. of Water Resources o Nevada Div. of Environmental Protection o Frontier Communications o NV Energy o City of Elko Planning Dept. o Western Pacific Railroad 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings, staff recommends Approval with the following conditions and restrictions. Page 5 of 17

6 A. At the time of development, the developer shall comply with all applicable provisions of the Nevada revised Statutes and the Elko County Code development criteria pertaining to the proposed recreation vehicle park and other uses as permitted within the Commercial-2 zoning district. B. At the time of any development, the developer shall comply with all Federal. State and Local building and development requirements. C. Applicant at the time of development within the C-2 District will be responsible for design and development of a commercial septic system, acquisition of a commercial water right, egress and ingress to NDOT standards and other requirements which will be submitted with design and development plans. D. Conditional Use is subject to restrictions and conditions as outlined in Elko County Code attached at end of report. E. The conditional use is dependent upon the approval of the change of zoning as requested in Application No and the successful completion of the ten (10) day appeal period. F. The conditional use is dependent upon the applicant obtaining a commercial water right that that meets the criteria of NDEP for the operation of a public water system. G. Applicant shall have the commercial septic system, public water system and recreational vehicle park designed by a Nevada Licensed Engineer in accordance with the requirements of NAC, Elko County Code and other laws as applicable. H. A bond or cash amount equal to the projected five (5) year operational and maintenance costs of the public water and waste water systems shall be required. Said bond or cash amount shall be held for a period of five (5) years. Basis for recommendation: There is a need for temporary housing afforded by a recreational vehicle park for the transient population. The recreational vehicle parks in the Elko area are at capacity. Access to FR 454 borders the proposed and the Osino Interchange at I-80 is located nearby providing good access to points west and east. Page 6 of 17

7 Note: The recommendations of this report are based on the fact that prior to the completion of this report staff had not received any negative or adverse comments to the proposed. Should testimony from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may withdraw its recommendations. John W. Kingwell Elko County Associate Planner Page 7 of 17

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12 4-9-6: CONDITIONAL USES: Page 12 of 17

13 Certain uses, referred to in this Title as conditional uses, are declared to possess characteristics which require special appraisal by the Planning Commission in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. (A) Procedure: Any use of property which is listed as or specified in this Title to be a conditional use shall be approved or disapproved as to zoning only upon filing an application in proper form and in accordance with the procedure hereinafter set forth. (Ord A, , eff ; amd. Ord D, , eff ) (B) Submission Of Application: A completed application for a conditional use permit must be submitted to the Department of Planning and Public Works at least thirty (30) days prior to the Planning Commission meeting at which the application is scheduled to be heard. (C) Action By Commission: A public hearing before the Planning Commission shall be held upon every application for a conditional use permit. (Ord T, , eff ; amd. Ord D, , eff ) (D) Limited Approval Of Conditional Uses: The approval of a conditional use may be made valid only for a specified term. The approval may be made contingent upon the written acceptance and continued observance of specified conditions, including, but not limited to any one of the following: 1. Substantial conformity to approved plans and drawings; 2. Time period within which the use authorized shall be brought into existence, failing which the approval shall lapse and be void; 3. Guarantees as to compliance with the terms of the approval; 4. Dedication of and improvement of streets and other public facilities; 5. Special yards planting, fences or walls; 6. Limitations on signs; Page 13 of 17

14 7. Limitations as to the time of day during which specified activities may be conducted. Once a conditional use is established, all of the conditions specified in the approval shall become operative, and the violation of any of them shall constitute a violation of this Title. (E) Effective Date: The order authorizing a conditional use or disapproving the same shall be effective ten (10) days after the date of such order, unless a notice of appeal is filed within such a period of ten (10) days. (F) Lapse Of Approval: Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void unless the use is established or construction necessary and incident to its establishment is started within six (6) months of the date of final action of approval. (G) Changes In Conditions: The Planning Commission shall receive, hear and decide applications to extend the term or to modify any condition imposed upon a conditional use, or upon a use established under a use permit issued prior to the effective date of this Title. Every such application shall be subject to the same procedure and regulations as set forth in this Section for a conditional use. (Ord A, , eff ; amd. Ord D, , eff ) (H) Hazardous Waste: 1. No conditional use application shall be granted for use of property for hazardous waste disposal, incineration or treatment or for use in the storage or management of hazardous wastes for treatment, incineration or disposal for which use a permit to operate such a facility is required from the State of Nevada or the United States. (a) "Hazardous waste" is defined as it is defined in NRS and includes any hazardous waste or constituents of hazardous waste which are subject to regulation under 40 C.F.R. 261, as in effect on July 1, This subsection shall remain in full force and effect until the earlier of the State of Page 14 of 17

15 Nevada issuing regulations for operation of hazardous waste disposal and treatment and ending the moratorium on the issuance of State permits to operate facilities for the disposal, treatment and incineration of such hazardous wastes, or repeal of this subsection. (Ord K, , eff ; amd. Ord D, , eff ) NRS 445A.808 Community water system defined. Community water system means a public water system that: 1. Has at least 15 service connections used by year-round residents of the area served by the system; or 2. Regularly serves at least 25 year-round residents of the area served by the system. (Added to NRS by 1999, 1865) NRS 445A.827 Managerial capability defined. Managerial capability means the ability of a public water system to conduct its administrative affairs in a manner that ensures compliance with all applicable standards based on: 1. The accountability, responsibility and authority of the owner or operator of the system; 2. The personnel and organization of the system; and 3. The ability of the persons who manage the system to work with: (a) Jurisdictional, regulatory and other governmental agencies; (b) Trade and industry organizations; and (c) The persons served by the system. (Added to NRS by 1999, 1865) NRS 445A.847 Technical capability defined. Technical capability means the ability of a public water system to: 1. Obtain an adequate and reliable source of water that is necessary to provide the quantity and quality of water required by the system; 2. Establish and maintain an adequate infrastructure for the treatment, storage and distribution of the quantity and quality of water required by the system; and 3. Employ operators who have the technical knowledge and ability to operate the system. (Added to NRS by 1999, 1865) NRS 445A.895 Systems constructed after June 30, 1991: Conditions for issuance of permit. A permit to operate a water system may not be issued pursuant to NRS 445A.885 unless all of the following conditions are met: 1. Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system. Page 15 of 17

16 2. The applicant fully complies with all of the conditions of NRS 445A.885 to 445A.915, inclusive. 3. The applicant submits to the Division or the district board of health designated by the Commission documentation issued by the State Engineer which sets forth that the applicant holds water rights that are sufficient to operate the water system. 4. The local governing body assumes: (a) Responsibility in case of default by the builder or developer of the water system for its continued operation and maintenance in accordance with all the terms and conditions of the permit. (b) The duty of assessing the lands served as provided in subsection The applicant furnishes the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system: (a) For 5 years following the date the system is placed in operation; or (b) Until 75 percent of the lots or parcels served by the system are sold, Ê whichever is later. 6. The owners of the lands to be served by the water system record a declaration of covenants, conditions and restrictions which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the water system if there is a default by the applicant or operator of the water system and a sufficient surety, as provided in subsection 5, is not available. 7. If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance. 8. The declaration of covenants, conditions and restrictions recorded by the owners of the lands further provides that if the Division determines that: (a) The water system is not satisfactorily serving the needs of its users; and (b) Water provided by a public utility or a municipality or other public entity is reasonably available, Ê the local governing body may, pursuant to NRS or , require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system. Page 16 of 17

17 If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A Provision has been made for disposition of the water system and the land on which it is situated after the local governing body requires all users to connect into an available water system provided by a public utility or a municipality or other public entity. (Added to NRS by 1991, 401; A 1995, 2663; 1997, 1996; 2001, 549; 2005, 554) Page 17 of 17