LYON COUNTY PLANNING COMMISSION TUESDAY, FEBRUARY 13, :00 AM LYON COUNTY ADMINISTRATIVE COMPLEX 27 S. MAIN STREET YERINGTON, NV AGENDA

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1 LYON COUNTY PLANNING COMMISSION TUESDAY, FEBRUARY 13, :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 taken on any item until it is properly agendized). 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 efficient manner. Items may be combined for consideration and items may be pulled or removed from the agenda at anytime. Restrictions on comments by the general public: Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint. 1. Roll Call 2. Pledge of Allegiance 3. Public Participation (no action will be taken on any item until it is properly agendized) - 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. 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 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. Review and Adoption of Agenda (for possible action) 5. For Possible Action: Approval of Minutes

2 5.a. (For Possible Action) Approve January 9, 2018 Minutes Draft Minutes 6. Presentation and Reading of Miscellaneous Correspondence 7. Public Hearing Items 7.a. 7.b. (For Possible Action) TESTA, ANTHONY & JUDITH REVERSION TO ACREAGE MAP (continued from the January 9, 2018 Planning Commission meeting) - Request to revert a 1.5 acre parcel and a 1.37 acre parcel, both under common ownership, to a 2.87 total acre parcel through the Reversion to Acreage Map process; located at 27 Upper Colony Rd., Wellington (APNs & ) PLZ Staff Report (For Possible Action) WILBERT T BOOK, ETAL, Trustees of the BOOK LIVING TRUST - ZONE CHANGE Request to change the zoning of two (2) adjacent parcels totaling 7.51 acres, from RR-3T (Rural Residential-5 acre minimum with Trailer Overlay) to C-2 (General Commercial); located at 3650 & 3710 Ramsey Weeks Cut-Off, Silver Springs, NV (APNs & ) PLZ Staff Report RECESS TO CONVENE AS THE LYON COUNTY PUBLIC LANDS MANAGEMENT ADVISORY BOARD 8. Public Participation (no action will be taken on any item until it is properly agendized) 9. Action Items 9.a. Discussion and possible action regarding the annual review of the Lyon County Public Lands Policy with comments and recommendations to be forwarded to the Board of Commissioners 10. Board Member Comments 11. Future Agenda Items 12. Public Participation (no action will be taken on any item until it is properly agendized) ADJOURN TO RECONVENE AS THE LYON COUNTY PLANNING COMMISSION 13. Staff Comments and Commissioner Comments 14. Public Participation (no action will be taken on any item until it is properly agendized) - 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. 15. ADJOURNMENT

3 This agenda has been posted in accordance with the open meeting law at the following locations: Lyon County Courthouse, Lyon County Administrative Complex, Yerington City Hall, Yerington Post Office, Silver Springs Human Services, Dayton Utilities, City of Fernley. Lyon County recognizes the needs and civil rights of all persons regardless of age, race, color, religion, sex, handicap, family status, or national origin. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived 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 deadlines vary by program or incident. Persons with disabilities who require alternate means 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 Service at (800) Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete 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 Independence Avenue, 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 disabilities: members of the public who are disabled and require special assistance or accommodations at the meeting are requested to notify the Commissioners'/Manager'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

4 Lyon County Planning Commission Agenda Summary Meeting Date: February 13, 2018 Agenda Item Number: 5.a Subject: (For Possible Action) Approve January 9, 2018 Minutes Summary: Financial Department Comments: Approved As To Legal Form: County Manager Comments: Recommendation: ATTACHMENTS Draft Minutes

5 LYON COUNTY PLANNING COMMISSION MEETING MINUTES JANUARY 9, 2018 The Lyon County Planning Commission met this day with a quorum. The following members were present: Betty Retzer, Mike Hardcastle, Rick Jones, Audrey Allan, Doug Bennett, Leonard Lake and Harold Ritter. Attending staff were Rob Pyzel, Planner, Tammy Kinsley, Senior Planner and Kerry Page, Planning Technician. 1. Roll call All members were present and a quorum was acknowledged. 2. Pledge of allegiance Leonard Lake led the Pledge of Allegiance 3. Public participation None 4. Review and Adoption of Agenda Audrey Allan moved to adopt the agenda, as presented. Leonard Lake seconded and the motion passed unanimously (7 ayes; 0 nay; 0 abstention) 5. For Possible Action: Approval of Minutes Audrey Allan moved to approve the minutes of December 12, 2017, as corrected. Rick Jones seconded and the motion passed unanimously (7 ayes; 0 nay; 0 abstention) 6. For Possible Action: Election of the 2018 Planning Commission Officers Mike Hardcastle moved to nominate Betty Retzer for Chairman of the Planning Commission for Leonard Lake seconded the motion. There being no further nominations, the nomination for Betty Retzer as Chairman was closed and the motion passed unanimously, by acclamation. Mike Hardcastle moved to nominate Rick Jones as Vice-Chairman of the Planning Commission for 2018; Harold Ritter seconded the motion. There being no further nominations, the nomination for Rick Jones as Vice-Chairman was closed and the motion passed unanimously, by acclamation. Rick Jones made the motion to nominate Audrey Allan for Secretary of the Planning Commission for Mike Hardcastle seconded the motion. There being no further nominations, the nomination for Audrey Allan as Secretary was closed and the motion passed unanimously, by acclamation. 7. Presentation and Reading of Miscellaneous Correspondence Doug Bennett stated that he attended the Silver Springs Advisory Board on the previous evening, where it was suggested by that Advisory Board that the Planning Commission review the Special Use Permit for McFarland Cascade previously known as Nevada Wood Processing. 1

6 Betty Retzer asked if this is the correct process for discussing a specific SUP. Rob Pyzel explained what staff looks for during their monthly review of the SUPs. He said if complaints are presented to staff from the public or other entity, those can be presented to the Planning Commission for further scrutiny and appropriate action can be taken on a future agenda where necessary. 8. Public Hearing Items: 8.a. (For possible action) THE HIGHLANDS INDUSTRIAL PARK DEVELOPMENT AGREEMENT (continued from the December 12, 2017 Planning Commission meeting) Request for a Development Agreement to guide development requirements for The Highlands Project on approximately 12, acres; located approximately 3.62 miles west from the Highway 50/USA Parkway intersection and continuing to the Storey County/Lyon County line (APNs ; ; ; ; and ) PLZ Rob Pyzel explained that this item has been continued twice before. Due to the inability to gather all the necessary parties for an in depth discussion on the terms of this agreement, we find it necessary to table this item indefinitely. A table differs from a continuance in that a time certain item is required when it is re-agendized. Mr. Pyzel said that once each of the issues have been resolved the item will be agendized to remove it from the table and schedule a date certain to hear the item. Mr. Pyzel said we do have documentation stating the applicant s concurrence with tabling the item. Mike Hardcastle moved to table the Development Agreement for The Highlands Project. Rick Jones seconded and the motion passed unanimously (7 ayes; 0 nay; 0 abstention) 8.b. (For Possible Action) TESTA, ANTHONY & JUDITH REVERSION TO ACREAGE MAP - Request to revert a 1.5 acre parcel and a 1.37 acre parcel, both under common ownership, to 2.87 total acre parcel through the Reversion to Acreage Map process; located at 27 Upper Colony Rd., Wellington (APNs & PLZ Harold Ritter stated he will recuse himself from this hearing item as the applicant is a neighbor of his. Tammy Kinsley said that the map is missing some existing improvements and easements which are required to be shown. Additionally, a public utility easement may be necessary from NV Energy, which should be shown on the map. She stated that the applicant concurs with the continuance and she feels these items can be corrected in a short timeframe. Mike Hardcastle moved to continue the Reversion to Acreage Map for Anthony and Judith Testa, with the applicant s concurrence, until the next Planning Commission meeting. Leonard Lake seconded and the motion passed unanimously (6 ayes; 0 nay; 1 abstention-harold Ritter). 8.c. (For Possible Action) BALSAMO, JEFFERY REVERSION TO ACREAGE MAP - Request to revert a 2.09 acre parcel and a 2.05 acre parcel, both under common ownership, to 4.14 total acre parcel through the Reversion to Acreage Map process; located at 178 & 180 Highway 339, Yerington (APNs & PLZ

7 Tammy Kinsley clarified the request stating that the applicant wishes to reduce the number of encroachments onto Highway 95. Mrs. Kinsley said that NDOT has reduced its spacing between driveways. She said that another benefit resulting from this reversionary map is that Lyon County benefits from having only one parcel within the flood area rather than two. She added that the reverted parcel does comply with the existing zoning district requirements and that staff is recommending approval. Matthew Philumalee, surveyor and representative for the applicant, offered to answer any questions the Planning Commission might have. He acknowledged having read the staff report and stated his agreement with the conditions of approval. Rick Jones moved to approve the Reversion to Acreage map for Jeffery Balsamo, on APNs & Mike Hardcastle seconded and the motion passed unanimously (7 ayes; 0 nay; 0 abstention) 8.d. (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 Tammy Kinsley, Planner, explained the request and gave a brief history of the overall project. She said that final drainage, traffic and soils reports will be required at the time of the final map for the Copper Canyon Estates subdivision. Rick Jones questioned the recommendation for denial of this item by the Dayton Regional Advisory Council. Rob Pyzel said he did not attend that meeting however he believes that the council was not aware that this request is a part of a previously approved Tentative Subdivision Map and they didn t understand why all the technical reports were not provided with this map. Discussion followed. Chris Baker, Manhard Consulting represented the applicant. Mr. Baker said these parcel maps will break the development into four sections which will each be developed in sequence. The previous Copper Canyon development approved the entire development which when the tentative map expired, left a large portion undeveloped. This development will be phased allowing for a better regulated and more complete development, done in smaller portions. Doug Bennett asked why the applicant is not processing this parcel map and the one previously approved, together. Chris Baker said it is because this developer did not yet own the property. Discussion followed. Mike Hardcastle moved to approve the Parcel Map to divide a total acre parcel into two (2) parcels, the smallest being acres (APN ) based on the recommended findings and subject to the following 16 conditions: 1. The applicant shall comply with all Federal, State, County and special purpose district regulations. 2. The water rights relinquishment for proposed Parcels A-1 and A-2 would be required prior to recordation the parcel map. 3

8 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-foot 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. 4

9 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. 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. Harold Ritter seconded and the motion passed unanimously (7 ayes; 0 nay; 0 abstention) RECESS TO CONVENE AS THE LYON COUNTY PUBLIC LANDS MANAGEMENT ADVISORY BOARD 9. Public Participation (no action will be taken on any item until it is properly agendized) None 10. Action Items: 10.a. Discussion and possible action regarding the annual review of the Lyon County Public Lands Policy with comments and recommendations to be forwarded to the Board of Commissioners Jim Dunlap suggested adding state law into the document such as NRS which declares the property on which the Yerington Post Office sits, is the only Lyon County property that was ceded to by the State of Nevada to the Federal Government. Additionally, he requested reference to NRS which discusses the limits of Federal jurisdiction on public lands. Mr. Dunlap provided a paper copy of his discussion points to the board. Audrey Allan asked if there has been any progress on Lyon County becoming a cooperating agency. Rob Pyzel said the board is considering this on a couple of different items such as the Bi-State Sage Grouse issue and the Naval Air Base in Fallon. These items will be looked at separately from this discussion. Mrs. Allan asked how this board will be connected with this process. Mr. Pyzel said we recommend the board refer such items and information back to this advisory board for review and comment. Audrey Allan said she is looking for guidance for this board. She asked if this board should appoint a representative to attend the County Commission meetings and report back to this board because she feels disconnected from the process. Rob Pyzel said we need to be more proactive in convening as this advisory board and solicit those comments from the members and forward those comments to the boards. 5

10 Harold Ritter said that the Planning Department is not usually involved in Public Lands. He said the purpose of reviewing this public lands policy every year is to review the verbiage within the policy and revise as necessary rather than reviewing the specific issues such as the Bi-State Sagegrouse, although there are things within the policy that allow us to deal with specific issues. The purpose of the policy is to provide the county with a voice at the discussion table for these such issues and it is the Board of Commissioners that actually provide those specific comments. A lengthy discussion followed. Mr. Ritter said he cannot think of any more recommendations to amend the policy over and above what is already there. Mr. Ritter said he used to be on State Land Use Planning Advisory Council (SLUPAC) but resigned last December because he feels that a Planning Commissioner doesn t have much of a voice at that table. He suggested to the County Manager that it would be much more effective and beneficial to have a County Commissioner seated at that table. Doug Bennett referred to an from the County Manager which said the Public Lands Management Advisory Board requires the County Manager to administer the plan and I have requested Don Alt, County Commissioner to review and recommend changes to the plan. Mr. Bennett said he hopes, when Mr. Alt does make any recommendations to the plan that those comments be brought before this board for review and possible inclusion in the policy. Harold Ritter said that Commissioner Alt was recommended by the Commissioners to take his place on the SLUPAC. Rick Jones thanked Mr. Dunlap for his earlier comments and agreed that his recommendations should be considered. A lengthy discussion followed regarding the role and purpose of the PLMAB. Leonard Lake commented that this board should recommend to the BOCC that the policy remain the same and that the advisory board be able to make changes or revisions as they occur. Betty Retzer agrees with Harold Ritter that she feels the policy has been gone over with a fine tooth comb and doesn t see anywhere that needs to be revised. She said she has asked before for guidance on what their role should be and hasn t really received an answer. Audrey Allan said there will be new people coming on to this board in the future and they will also have questions as to their role. Harold Ritter said the policy was developed as a way for this board to review the policy annually. He doesn t feel it needs to be a word for word review however, only to review if new policies need to be added. Betty Retzer expressed her thoughts on how this review should proceed. She said first we should look at how we want to add in the roles and duties of this board and review the information provided by Jim Dunlap to see if we want that added into the policy. Ms. Retzer added that she also recommends discussion and review of what this board s role should be as we move forward. She added that she wants to request Don Alt, as our representative for Public Lands, provide presentations to this board relating to current projects and recommended policy changes. Ms. Retzer added that public input be promoted too. 6

11 Rick Jones suggested a more thorough examination of the NRS as it relates to Public Lands. Harold Ritter reminded the board that having a representative at SLUPAC doesn t mean he has control over the voting rights of others. It just gives him a voice at the main table. He added that just because a commissioner recommends something doesn t mean we have to go along with everything he says. Mr. Ritter stated that, in his opinion, Mr. Alt was the most logical choice for that position. Rob Pyzel said we will review NRS as it relates to public lands planning and talk to the County Manager about the issues raised here today. Mr. Pyzel said that Mr. Alt will likely be happy to come and talk with this board whenever he is able. Doug Bennett said that a policy statement is a generic document. We should not be injecting procedure into the policy statement. If we see a reason to have a procedure then we can develop a procedure or document for that but we don t necessarily have to change the policy. Discussion followed. Betty Retzer asked, when the County Manager sends us information regarding specific issues where comments are due by a certain date, should we be reviewing each document relating to that issue, do we need to write something up to present to the BOCC regarding that issue, and do we request help from the commissioner appointed to SLUPAC. Harold Ritter said if Lyon County desires to be a cooperating agency then maybe they could designate someone, preferably a staff member, for that position and then that person should come to this board to recommend updates to the policy. Mr. Ritter feels that Jeff Page has the most expertise in these issues. Discussion followed. 11. Board Member Comments Discussion was included in previous item. 12. Future Agenda Items Betty Retzer requested that staff contact the proper parties to discuss the above items and agendize the results of that discussion on a future agenda. 13. Public Participation (no action will be taken on any item until it is properly agendized) Jim Dunlap, Mason Valley resident, stated that NRS provides no authority to the federal agencies to regulate the public lands. He added that the County Sheriff has the sole authority over public lands. Kerry Page, Planning Technician, stated that the existing policy already recognizes that the County Sheriff has that authority. ADJOURN TO RECONVENE AS THE LYON COUNTY PLANNING COMMISSION 14. STAFF COMMENTS AND COMMISSIONER COMMENTS There were none. 15. PUBLIC PARTICIPATION None 16. ADJOURNMENT 7

12 At approximately 10:49 A.M. it was unanimously motioned that the meeting be adjourned. Betty Retzer, Chairperson Kerry Page, Planning Technician 8

13 Lyon County Planning Commission Agenda Summary Meeting Date: February 13, 2018 Agenda Item Number: 7.a Subject: (For Possible Action) TESTA, ANTHONY & JUDITH REVERSION TO ACREAGE MAP (continued from the January 9, 2018 Planning Commission meeting) - Request to revert a 1.5 acre parcel and a 1.37 acre parcel, both under common ownership, to a 2.87 total acre parcel through the Reversion to Acreage Map process; located at 27 Upper Colony Rd., Wellington (APNs & ) PLZ Summary: Financial Department Comments: Approved As To Legal Form: County Manager Comments: Recommendation: ATTACHMENTS Staff Report 4

14 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 Meeting Date: February 13, 2018 Owner(s): Applicant(s) Location: Reversion to Acreage (continued from the January 9, 2018 Planning Commission meeting) Testa, Anthony J. ET AL Trust Anthony Testa 23 & 27 Upper Colony Road, Wellington, Nevada Parcel Number: (APNs) & Master Plan: Zoning: Flood Zone(s): Case Planner: Request: Low Density Residential RR-2T - Second Rural Residential two (2) acre minimum with Trailer Overlay X Unshaded (areas determined to be outside of the 500-year floodplain) Tammy J. Kinsley The owner/applicant, Anthony Testa is requesting to revert two parcels into one parcel for the benefit of constructing a 16-foot by 30-foot storage shed, as described in the applicants narrative, received November 30, Location: The subject parcels are located at 23 and 27 Upper Colony Road, on the west side of Upper Colony Road approximately 248 feet south of the intersection at Davis Lane in the Wellington area of Lyon County, Nevada. Existing Improvements: Per the Assessor s data, improvements on the parcels are as follows: APN : 27 Upper Colony Rd. APN : 23 Upper Colony Rd. Mobile home 1972 Well - Well/pump house Single-Family detached dwelling unit 1984 Septic 1972 Septic System Shed 1990 Carport 2006 Parcel Sizes: The subject parcels are as follows: APN = 1.50 Acre; APN = 1.37 Acres The two parcels combined will total approximately 2.87 acres in size. Page 1 of 7 (cont. from Testa RTA 5

15 Assessor s Parcel Page Background: The action to combine parcels through the Reversion to Acreage process is found in NRS The statues afford an owner the opportunity to revert any recorded subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to revert the map or portion thereof, or to revert more than one map if the parcels are contiguous. These two parcels were originally created by Deeds Doc # and Doc #08956 prior to A Map to Support a Boundary Line Adjustment for Hutzler 1992 Family Trust, Williams 1992 Family Trust & Jack B. & Myra J. Linscott (Doc# ) recorded in Lyon County on the 8 th day of March Staff Review and Comments: Zoning: The subject parcels are zoned RR-2T (Second Rural Residential District) two (2) acre minimum (T Zoning: As a permanent single-family dwelling in those areas designated by the county as having a "T" Zoning mobile home overlay.) The Reversion to Acreage map will incorporate two contiguous parcels, increasing the size of the parcel to approximately 2.87 acres. Currently the parcels are non-conforming, meaning they do not meet the minimum parcel size of two (2) acres for the zoning district of RR-2T. Also, since the removal of a mobile home from the parcel at 27 Upper Colony Rd. on August 7-10th, 2017, this left only accessory buildings, such as a carport, sheds and a well/pump house on the parcel, increasing the non-conformity. With this Reversion to Acreage process the one parcel will meet the minimum parcel size, thus making the parcel consistent with the zoning district of RR-2T; and bringing the non-conforming parcel into compliance with Lyon County Code A. 1. It is unlawful to construct, erect or locate private garages or other accessory buildings without a permissible main building. Page 2 of 7 (cont. from Testa RTA 6

16 Access: There are currently two access points or a circular drive that covers both parcels, from Upper Colony Road. Per the Assessor s database, there are two addresses assigned to the two separate parcels, 23 & 27 Upper Colony Road. From a site visit conducted on December 28, 2017 there is only one mailbox that uses the address of 23 Upper Colony Road. The Owner with the Lyon County Assessor and Building Division will be required to verify that this address will be assigned to the reverted parcel. Flood Zone Designation: The parcels have flood zone designations of X Unshaded (areas determined to be outside of the 500 year floodplain) as per the Lyon County GIS and the FEMA FIRM Panel 32019C0950E dated January 16, Existing Structures on the Parcels: Per the Lyon County Assessor s database the following improvements are on the respective parcels: APN , 27 Upper Colony Rd.: Mobile home 1972: Per a telephone conversation with the property owner on Dec 29, 2017, this mobile home was removed without a Lyon County demolition permit on August 7-10 th Well/pump house 1972: Per the owner this is the only well that currently serves both parcels. Septic 1972: Per the owner he does not know where the location of the septic system and leach field locations are for the mobile home. Per the owner he was never informed of a septic for the mobile home when he purchased the property in The mobile home, has not been utilized as a residence, only as storage since he purchased the property and up until the time the mobile home was removed from the property. APN , 23 Upper Colony Rd.: Well - Per the Lyon County Assessor database this parcel has a well. Per the owner there is only one well located on the adjoining parcel (APN ) that serves both parcels. In researching this information, per the State of Nevada Well Logs, this well was Plugged and Abandoned on April 17, Therefore the owner is correct in stating that there is only one well that serves the two parcels presently at this time. (Please see attached, State of Nevada Well Log and the Well Driller s Report of April 17, 1993.) Septic- 1972: Location is in front of the house, as indicated on the Site Plan received with the application. Single-Family detached dwelling unit 1984 Shed 1990 Carport 2006 Existing Utilities on the Parcels: NV Energy: There are overhead power poles with utility lines that cross parcel and down the current property line that separates the parcels. Per an received January 17, 2018, NV Energy requests that an easement be indicated on the Final Reversion to Acreage map. (Please see attached) Water: There is a well and pump house on parcel Per the owner, this is the only well that serves both parcels. Sewer: Per the Assessor s information there is one septic system on each parcel. Per the owner, he is only able to locate the septic and leach field for the residence. He is unaware of the septic and leach field for the mobile home that was removed. Page 3 of 7 (cont. from Testa RTA 7

17 Aerial of properties showing improvements (Google earth image 2017) Applicant s Site Plan Page 4 of 7 (cont. from Testa RTA 8

18 Proposed Reversion to Acreage Map STAFF RECOMMENDATION: Staff is in favor of the proposed reversion to acreage map as per any necessary conditions of approval. The proposed reversion to acreage conforms to requirements in both Nevada Revised Statutes and Lyon County Code. This action will 7not cause the new parcel to become non-conforming. A new parcel number will be assigned by the assessor s office once the map is recorded, provided it is approved by the Planning Commission. Staff s recommendation is based on the three findings and recommended conditions as listed in this staff report and substantiated in the public record. FINDNGS: A. The requested Reversion to Acreage map is consistent with the applicable provisions of Lyon County Code and the Nevada Revised Statures; B. The requested Reversion to Acreage map will not be detrimental to the public health, safety, convenience and welfare; and C. The requested Reversion to Acreage map will not result in material damage or prejudice to other property in the vicinity. Page 5 of 7 (cont. from Testa RTA 9

19 Alternative Findings and Motions: The Planning Commission is authorized to take final action on a Reversion to Acreage. The alternative motions suggested below are offered for Planning Commission consideration. Alternative for Approval: If the Commission determines that there is sufficient reason to grant the Reversion to Acreage to this applicant, the Commission should make findings in support of the request and move for approval of the Reversion to Acreage map subject to the conditions listed below. The Planning Commission may wish to consider a motion similar to the following: The Lyon County Planning Commission finds that the requested Reversion to Acreage map: A. is consistent with the applicable provisions of Lyon County Code and the Nevada Revised Statures; B. will not be detrimental to the public health, safety, convenience and welfare; and C. will not result in material damage or prejudice to other property in the vicinity. Based on the aforementioned findings, the Lyon County Planning Commission approves the Reversion to Acreage for the Testa, Anthony J. ET AL Trust on APN s and (PLZ ), subject to the following nine (9) conditions: 1. The applicant shall pay the actual costs for County Engineer plan review 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. 2. The applicant shall provide the legal description and deed for the new parcel to record subsequent to the map. 3. The applicant shall comply with the map requirements as prescribed by NRS et seq. and Title 11 of the Lyon County code. 4. Should any public utility easement require abandonment as part of this action, documentation of the release of interest by all affected utility purveyors with interest shall be obtained prior to recording any abandonment or vacation documents. 5. The final map shall be conspicuously marked under the title The purpose of this map is to Revert to Acreage. 6. Structures placed on this newly created parcel shall adhere to the County s site and setback requirement standards for the zoning district. 7. The applicant shall comply with the Lyon County Building department for an after-the-fact demolition permit for the removal of the Mobile home on August 7-10 th This fee would be based on the cost of removing the mobile home and would be in addition to the cost of a building permit for the proposed 16 x 30 shed, as provided in the applicant s narrative. 8. The applicant shall provide the map of reversion to the Lyon County Planning Department for inclusion on the Lyon count GIS data base in a form compatible with the county geographic information system (GIS) pursuant to of the Lyon County Code. The scale of the site plan, improvements, monument and other items shall be in model space correctly oriented to the coordinate system as established by Lyon County. Cover Sheet and standard details need not be included. 9. At the request of NV Energy, the applicant shall provide and graphically show an easement on the map with a note that effectively states An easement 10 in width centered on existing overhead powerlines is hereby granted. In addition the owner s certificate on the map must have a statement that agrees to grant easements to public utilities. Page 6 of 7 (cont. from Testa RTA 10

20 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 reversion to acreage 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 reversion to acreage. Based on the finding listed above and the applicant s concurrence, the Planning Commission continues the Reversion to Acreage for Testa, Anthony J. ET AL Trust on APN s and (PLZ ), for days. Alternative Motion for Denial: If the Planning Commission determines that they should deny the reversion to acreage application, then the Planning Commission may wish to consider a motion similar to the following: The Lyon County Planning Commission finds that: A. The requested reversion to acreage is not consistent with the applicable provisions of Lyon County Code and the Nevada Revised Statutes; B. The requested reversion to acreage will be detrimental to the public health, safety, convenience and welfare; and C. The requested reversion to acreage 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 Reversion to Acreage for Testa, Anthony J. ET AL Trust on APN s and (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 7 of 7 (cont. from Testa RTA 11

21 Lyon County Planning Commission Agenda Summary Meeting Date: February 13, 2018 Agenda Item Number: 7.b Subject: (For Possible Action) WILBERT T BOOK, ETAL, Trustees of the BOOK LIVING TRUST - ZONE CHANGE Request to change the zoning of two (2) adjacent parcels totaling 7.51 acres, from RR-3T (Rural Residential-5 acre minimum with Trailer Overlay) to C-2 (General Commercial); located at 3650 & 3710 Ramsey Weeks Cut-Off, Silver Springs, NV (APNs & ) PLZ Summary: Financial Department Comments: Approved As To Legal Form: County Manager Comments: Recommendation: ATTACHMENTS Staff Report 12

22 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. M AIN ST REET YER INGTON, N E VAD A (775) F AX: (775) L AKES BOULE V ARD D AYTON, N E VAD A (775) F AX: (775) Lyon County Planning Commission PLZ Zone Change Meeting Date: February 13, 2018 Owner(s): Applicant(s) Location: BOOK, WILBERT T., ET AL, TRS. Laurie Sauro 3710 & 3650 Ramsey Weeks Cut-off (Corner of Graham Ave) Parcel Number: (APNs) & Master Plan: Zoning: Flood Zone(s): Case Planner: Employment RR-3T Third Rural Residential Five (5) acre minimum with Trailer Overlay X Unshaded Tammy J. Kinsley REQUEST: The applicant has submitted a zone change application to change the current zoning on the two subject parcels, totaling approximately 7.51 acres in size, from RR-3T (Five (5) acre minimum parcel size, with Trailer Overlay) to C-2 (General Commercial District). 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 general conformance with the 2010 Comprehensive Master Plan land use designation for the location and will be compatible with the existing and potential 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 Book Wilbert T Trust et al to change the current zoning designation from RR-3T (Third Rural Residential Five (5) acre minimum with Trailer Overlay) to C-2 (General Commercial) on the two parcels located at 3710 & 3650 Ramsey Weeks Cut-off (APNs & ) totaling 7.51 acres in size; located on the east side of Ramsey Weeks Cut-off, at the intersection of Graham Ave., Silver Springs, NV; PLZ , based on the findings contained in the staff report. Page 1 of 17 Book Wilbert T Trust et al - ZC 13

23 STAFF REVIEW AND COMMENTS: Location: The subject parcels are located at 3710 and 3650 Ramsey Weeks Cut-off, on the east side of Ramsey Weeks Cut-off, at the intersection of Graham Ave, in Silver Springs, NV. Page 2 of 17 Book Wilbert T Trust et al - ZC 14

24 Assessor s Parcel Page Size: 3710 Ramsey Weeks Cut-off; APN = 4.67 acres 3650 Ramsey Weeks Cut-off; APN = 2.84 acres Current Use: The two parcels are currently vacant. Access: Any future development on the subject parcels could be provided access via Ramsey Weeks Cut-Off or via Graham Ave. A Traffic Study/Report relative to any proposed improvements would be required with a development application for the site. Page 3 of 17 Book Wilbert T Trust et al - ZC 15

25 Sewer & Water: The closest existing Water line is located on the north side of Graham Ave (Silver Springs Mutual Water Company, a privately owned Mutual Co-Op) and the closest Sewer line is located within Graham Ave. (Silver Springs GID). Flood Zone: The two subject parcels are not located within a Special Flood Hazard Area (SFHA). The FEMA designation is X (Unshaded) areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2-percent-annual-chance flood as indicated on the FIRM 32019C 0200E dated January 16, Page 4 of 17 Book Wilbert T Trust et al - ZC 16

26 Land Use: The table below provides information on the current land uses, the master plan designations and the current zoning districts for the surrounding parcels of the subject site: Property location to Project Site APN: Current Use Master Plan Zoning District North VACANT Employment C-1 North Silver Springs Road Department Yard/ Animal Shelter Public/Quasi Pub C-1 East Manufacture Home/ Well & Septic Employment RR-3T East VACANT Employment RR-3T South Lyon Co School District Public/Quasi Pub RR-3T South Lyon County School District Public/Quasi Pub RR-3T South Lyon County School District Public/Quasi Pub RR-3T Master Plan Map Subject Parcels Page 5 of 17 Book Wilbert T Trust et al - ZC 17

27 Zoning District Map Subject Parcels 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 over- crowding 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. Page 6 of 17 Book Wilbert T Trust et al - ZC 18

28 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 wellconsidered 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. Master Plan: On December 23, 2010, Lyon County adopted the Comprehensive Master Plan Countywide Component. A master plan s land use designations are used to express the community s long term expectations for the desired type of development within a particular area. It does not necessarily mandate that zoning be changed concurrent with the master plan designation (see Nevada Attorney General Opinion No. 84-6). Zoning is one of the primary implementation tools for implementing or carrying out the goals, objectives and actions contained within the Master Plan. Zoning districts with land uses that are either equal to or less dense/intense than the underlying master plan designation are considered to be consistent with the Master Plan. The subject site is located within an area categorized as having a Suburban Character District (Silver Springs) within the 2010 Comprehensive Master Plan ( Master Plan ). The Character District guides the development intensity and standards which are to be applied. Suburban Character Districts are those areas that are predominately medium to high density residential development with regional, community and neighborhood commercial, industrial and employment uses. Improvement standards reflect the suburban character of these areas and will include requirements for municipal water and sewer, roadway design appropriate to the planned land uses, landscaping of public areas, and pedestrian facilities (sidewalks and paths). Per the Master Plan, the subject parcels currently have a land use designation of Employment. In the Land Use chapter of the Master Plan, includes a discussion as to the different types of land use designations. Within this section of the Master Plan, the County-wide Land Use Categories Table lists the land use types and specific categories that are shown on the County-wide Land Use Maps. Page 7 of 17 Book Wilbert T Trust et al - ZC 19

29 In Column 4 Description/Characteristics and Examples of Uses (pg Comprehensive Master Plan), the following description is stated for the Employment Use land use designation: Characteristics: Provides concentrated locations for employment, combined with a mix of complementary commercial and residential uses. Examples of uses: Offices, medical facilities, light industrial facilities, educational facilities. Within the Community Land Use Categories Table, this table shows a much greater level of detail for each land use; it provides a menu from which communities can build their land use plans. Page 8 of 17 Book Wilbert T Trust et al - ZC 20

30 (pg and 3.36 of the 2010 Comprehensive Master Plan), in Column 1 Countywide Plan Land Use Category lists Employment Mixed Use as an appropriate Community Plan Land Use Designations. The project density within Suburban Districts varies depending on the location and type of development as listed in Column 3. Column 4 lists the primary uses as: Employment facilities, such as corporate offices, medical facilities and offices, research and development, service and light industrial facilities, and educational facilities. Column 4 also lists as secondary uses as: Limited residential, including residential mixed-use and live-work units, or commercial (or combination of the two) uses are encouraged in Employment Mixed-Use areas. Open space, parks, pathways, schools, other public uses, and senior housing facilities are also appropriate. In Column 5 Description/Characteristics for Suburban Character District land uses are intended to: Provide concentrated areas of employment, combined with a mix of complementary commercial and residential uses Office/Research Park developments may be incorporated into a master planned neighborhood, or located in close proximity to residential areas. May include smaller live-work complexes consisting of a single building or several buildings that are not located within a typical office or industrial park setting, but are located on infill sites within established suburbanizing areas of the County. Activities typically take place indoors and outdoor storage or other more industrial types of uses are typically not permitted. The proposed zone change is in substantial compliance with and promotes the following goals, objectives and actions of the 2010 Comprehensive Master Plan: Policy LU 1.1: Follow Development Patterns as Established on Countywide Land Use Plan or a More Specific Community Plan Future development of Lyon County will be consistent with the Countywide Land Use Plan or a more specific Community Plan, if one has been adopted. The Countywide Land Use Plan will guide future growth and development by defining appropriate land use types, densities, and character in different locations including cities and towns, suburbanizing areas, rural areas, farm and ranch land, hillsides, and public lands. The county s future urban and suburban growth will develop largely around existing communities. The subject parcels are located within the Silver Springs community of the Master Plan with the land use designation of RR-3T. The proposed rezoning to C-2 would be more in line with the overall development pattern as shown on the 2010 Comprehensive Master Plan s land use plan for this area of Silver Springs. In addition the rezoning would offer another level of commercial amenities to be utilized by the existing employment uses in this area. Page 9 of 17 Book Wilbert T Trust et al - ZC 21

31 Policy LU 1.3: Commercial and Mixed-Use Development to be Located in Centers. Non-residential development will occur in defined and planned mixed-use centers, rather than in a linear pattern along roads, and in locations that are designated on the County-wide Land Use Plan. New suburban and rural residential development will be located near existing and future community centers. The subject parcels are located within an existing community center hub of Silver Springs. The subject site is conveniently across the street from the Silver Stage elementary, middle, and high schools, and the Boys & Girls Club of America, to the west. To the north, across Graham Ave. is the Silver Springs Road yard, the Lyon County Animal Services and Shelter. Also within close proximity to the subject parcels is Lahontan Medical Complex on Hwy 50. Policy LU 2.1: Residential Development in Areas with Services Urban and suburban development will only locate in Suburbanizing Districts where municipal water and sewer can serve it and that are close to other municipal services and not leapfrog into rural areas. Conversely, low-density rural development should not occur in existing or planned suburbanizing areas. Adopt a policy of not approving rezoning of land for urban/suburban-level uses in rural areas (i.e., Rural Districts and General County). The subject site is not designated as a rural area. Ensure that plans are in place for required services to occur concurrently with all proposed development. As noted above in the staff report, there are services in place that would support the rezoning. Do not approve new development if it will result in an unacceptable reduction of service levels for infrastructure. Appropriate mitigation may be provided with construction or through proportionately levied impact fees or other such mechanisms to prevent or offset a reduction of service levels. Staff believes there will not be an unacceptable reduction of service levels for infrastructure caused by rezoning the subject parcels as the C-2 zoning would offer another level of commercial services to this community hub of Silver Springs. Page 10 of 17 Book Wilbert T Trust et al - ZC 22

32 Policy LU 3.2: Business and Industry Locations that are Consistent with Future Land Use Plan Encourage commercial and industrial development to locate in designated locations shown on the Future Land Use Plan, where public facilities exist or are planned to accommodate such development cost-effectively. The County-wide Land Use Plan will reserve adequate lands for jobs and industry. Use the Countywide Land Use plan and Community Plans as a guide to determine appropriate locations for business and industry. A Community Center of Silver Springs Page 11 of 17 Book Wilbert T Trust et al - ZC 23

33 As was stated in the staff report above, this area of Silver Springs is designated Employment as per the Master plan for Silver Springs. This designation supports the C- 2 zoning district, as it supports the existing community area and land uses. In addition public facilities exists to support future development of the site. 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. As noted above in the staff report, the surrounding properties are, for the most part already zoned to support the proposed commercial density. The necessary infrastructure (roads, water and sewer service, etc.) are existing. As such the development of the subject site will be commensurate with the character and current use of the surrounding land and able to mitigate any potentially negative impacts to other properties in the vicinity. Zone Change: The property is currently zoned RR-3T (Third Rural Residential Five (5) acre minimum with Trailer Overlay). The RR-3T zoning has the following standards: Minimum parcel size five (5) acres minimum including rod rights of way. The ratio of lot length to width shall not be greater than four to one (4:1); minimum two hundred feet (200') average width. Building setbacks: a. Front yard: Not less than thirty feet (30'). b. Side yards: Not less than ten feet (10'). c. Rear yard: Not less than twenty feet (20'). Uses Permitted: Uses permitted on a lot or parcel having the required area and width are as follows: All uses permitted in RR-1 district. Hunting and fishing lodges, wildlife refuges and game farms. Special Uses: The uses requiring a special use permit in this zone shall be the same special uses as authorized in RR-1 under the same limitations and conditions; mining, including extraction and/or processing of rock, sand, gravel, asphalt and like earth products including topsoil stripping; rifle and archery ranges; trapshoots; campgrounds; commercial farrowing pens and feedlots. Page 12 of 17 Book Wilbert T Trust et al - ZC 24

34 The Trailer Overlay (T) allows for the use of manufactured or mobile homes as well as stick-built homes per Section (A) of Title 10: : MANUFACTURED AND MOBILE HOMES AUTHORIZED: A. In those areas which have been designated as having a "T" or "mobile home" overlay or other authority allowing the installation of a manufactured home, said manufactured home is authorized when installed in conformity with provisions of Nevada Revised Statutes, the regulations adopted by the State of Nevada, Manufactured Housing Division and the provisions of this title. For purposes of this title, the terms "manufactured home" and "MH", as described in chapter 5 of this title, shall apply to both manufactured homes and mobile homes as those terms are defined by chapter 489 of the Nevada Revised Statutes. The applicant proposes to rezone the subject site to C-2 (General Commercial). Section of the Lyon County Code Title 10 lists the development standards and permitted uses and those uses that require review and approval of a Special Use Permit. Site and Structure requirements of: No minimum required lot area. No minimum lot width requirement. Building Setbacks: There is no required front or side yard. A twenty foot (20') rear yard setback is required unless a dedicated alley exists. Permitted uses are as follows: Any use permitted in C-1 district; except, no residential uses are allowed unless otherwise specified in this title. Watchman or owner may reside in the same structure that the business occupies. Sales, repair, service or rental of goods or equipment. The following uses when within a building, plus other uses of a similar nature: Appliance repair shop. Appliance service. Arena boxing. Assayer. Assembly (incidental to warehouse or sales uses and limited to 45 percent of floor area) no machine shop or welding uses. Auditorium. Automobile repair (no body repair). Ballroom. Bar Bicycle (repair and rental). Billiard or pool hall. Blueprinting. Bookbinding. Bowling alley. Building supplies. Bus terminal. Business machine service. Carpet and rug service. Casino. Clothing cleaning, dyeing and pressing (no processing at site). Coin machine service and wholesale (food dispensers, etc.). Compressor air service. Diaper service. Delivery service. Distributing plant (electrical). Draperies, retail and wholesale and incidental manufacturing. Dry cleaning. Electrical contractor's shop. Page 13 of 17 Book Wilbert T Trust et al - ZC 25

35 Electrical substation. Employment agencies. Engraver. Express office. Exterminating. Feed store. Fire protection equipment and supplies. Floor materials, service and wholesale. Flower shop. Freight office. Funeral home or parlor. Furniture reupholstering and rebuilding and/or redecorating service, including draperies and incidental manufacturing. Gaming (unlimited). Garage, public. Glass (cutting and staining). Greenhouse. Guns, service and wholesale. Gymnasium. Handyman shop. Hotel Interior decorator workshop. Janitor and building cleaning service. Jukebox rental, sales and service. Kennel. Laboratory - experimental, scientific, medical or dental. Laundry (no processing). Lawn service. Leather goods (sale of and incidental manufacturing). Lithographer. Loan or pawnshop. Lockers. Lumberyards. Machine tools, wholesale, retail, rental. Mineral water distillation and bottling. Miniature golf. Motel. Multigraphing. Museum. Musical instrument service. Newspaper print office. Nightclub. Optical glass grinding. Paper hanger. Parcel delivery service, branch (off street loading only). Pawnshops. Photofinishing. Photostating. Picture framing. Plumbing shop. Poster illustration workshop. Printer and/or publisher. Printer illustration workshop. Reducing salon. Rubber and metal stamp store or shop. Safe, service and wholesale. Scales, commercial. Secondhand store (other than junkyards). Sharpening or grinding tools. Shoe repair shop. Sign painting. Skating arena (ice or roller). Slot car racing. Sports arena. Swimming pool. Taxi business. Taxidermist. Telephone exchange (answering service). Termite or pest control business. Tire repair (no recapping). Trade school. Trailer repair. Trampoline center. Transformer station. Upholstery (wholesale, retail, installation and incidental manufacturing). Used merchandise sales. Veterinarian (minimum lot size: 1/2 acre). Vocational school. Warehousing (light). Page 14 of 17 Book Wilbert T Trust et al - ZC 26

36 Outside storage may be allowed as an accessory use to any of the above permitted uses; provided, that: a. Storage areas shall be enclosed by a sight obscuring fence, wall or hedge, permanently installed and maintained at a minimum height of six feet (6'), so the equipment or materials stored will not be visible from a street. b. Outside storage areas shall not occupy more than twenty percent (20%) of the lot area. c. Storage shall not be allowed between the building and the street line. Outside uses permitted and not requiring a sight obscuring fence, wall or hedge: Automobile or truck rental. Automobile parking. Automobile sales lot (new and used). Boats, retail, wholesale, rental. Building supply sales yard (new). Car wash. Equipment rental yard. Farm machinery. Feed store. Lumberyard (new). Nursery. Recreational vehicle sales. Trailer/mobile home sales. Wood storage and sales yard (firewood, no power saw). Restrictions on Permitted Uses: Unless otherwise specified: All items sold, offered for sale or displayed shall be kept within a building. Special Uses: Uses requiring a special use permit are as follows: Adult characterized businesses. Amusement arcade (or park). Archery range (minimum lot size: 2 acres). Auction house/yard. Billboards. Cabinet or woodworking shop. Campgrounds. Childcare facilities. Flea market. Massage parlor. Ministorage. Motorcycle sales. Outdoor theater. Rest home, convalescent home, hospitals, nursing home, group care facilities, home for the aged, sanatoriums. Schools. Youth recreation facilities. Other like uses. Animals: No barnyard animals shall be kept or slaughtered on the premises. As noted above in the staff report, the stated reason for the rezoning to C-2 is to allow for the best and highest use of the parcels. To contribute to the existing community center of Silver Springs by allowing another level of commercial services to existing land uses in this area. Page 15 of 17 Book Wilbert T Trust et al - ZC 27

37 The proposed zoning is timely and contributes to the orderly and efficient arrangement of transportation and other public facilities and services. Transportation: Ramsey Weeks Cut-Off and Graham Ave. both abut the subject parcels, and currently provides direct access to Highway 50. The proposed rezoning will not allow for an increase in density/intensity on the subject site. As such, staff believes that the proposed zone change is timely and will contribute to the orderly and efficient arrangement of traffic. Public Facilities and Services: As noted above, the subject site is within the service district of Silver Springs GID for sewer and domestic water service is provided by the Silver Springs Mutual Water Company. The Central Lyon County Fire Protection District provides fire and emergency medical services. Fire stations are currently located at 460 Dayton Valley Road (Station 39) and 231 Corral Drive (Station 35) in Dayton. The Lyon County Sheriff s Department maintains a substation at 801 Overland Loop in Dayton. As such, staff believes that the proposed rezoning is timely and contributes to the orderly and efficient arrangement of public facilities and services. C. 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. In reviewing the subject parcels as well as the stated purpose of the rezoning request to utilize the parcels to their best and highest use, as these two parcels have remained vacant for the past 32-years, the 2010 Comprehensive Master Plan and the existing water, sewer and street infrastructure relative to the subject site, staff believes the proposed rezoning will not negatively impact existing or planned public services nor adversely impact the public health, safety and welfare of the community of Silver Springs. Findings: A. The zone change is in substantial compliance with and promotes the Master Plan goals, objectives and actions. 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. Page 16 of 17 Book Wilbert T Trust et al - ZC 28

38 ALTERNATIVE TO THE STAFF RECOMMENDED FINDINGS AND MOTION: The alternative motions suggested below are offered for Planning Commission consideration. ALTERNATIVE FOR CONTINUANCE If the Planning Commission determines that additional information, discussion and public review are necessary for a more thorough review of the proposed Zone Change, then the Commissioners should make appropriate findings and move to continue the Public Hearing with a specific time period for the applicant to provide additional specific information necessary for the analysis of the request: The Planning Commission may wish to consider a motion similar to the following: Based on the above findings and with the applicant s concurrence, the Planning Commission continues the rezoning request for Book Wilbert T Trust et al to change the current zoning designation from RR-3T (Third Rural Residential Five (5) acre minimum with Trailer Overlay) to C-2 (General Commercial) on the two parcels located at 3710 & 3650 Ramsey Weeks Cut-off (APNs & ) totaling 7.51 acres in size; located on the east side of Ramsey Weeks Cutoff, at the intersection of Graham Ave., Silver Springs, NV; PLZ , for days. A. Additional information, discussion and public review are necessary for a more thorough review of the proposed Zone Change. ALTERNATIVE FOR DENIAL If the Planning Commission determines that they should recommend denial of the requested zone change, the Board may take the following action: The Planning Commission finds that: A. The zone change is not in substantial compliance with the Master Plan goals, objectives and actions. B. The proposed use will be detrimental to the public health, safety, convenience and welfare; and C. The proposed use will result in material damage or prejudice to other property in the vicinity. Based on the aforementioned findings, the Lyon County Planning Commission recommends denial of the rezoning request for Book Wilbert T Trust et al to change the current zoning designation from RR-3T (Third Rural Residential Five (5) acre minimum with Trailer Overlay) to C-2 (General Commercial) on the two parcels located at 3710 & 3650 Ramsey Weeks Cut-off (APNs & ) totaling 7.51 acres in size; located on the east side of Ramsey Weeks Cutoff, at the intersection of Graham Ave., Silver Springs, NV; PLZ Page 17 of 17 Book Wilbert T Trust et al - ZC 29

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