: ::: NYE COUNTY AGENDA INFORMATION FORM lxi Action Presentation II Presentation & Action ITEM

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1 Discussion NYE COUNTY AGENDA INFORMATION FORM lxi Action Presentation II Presentation & Action Department: Planning Agenda : Category: Regular Agenda Item March 18, 2014 Contact: Robert Lewis Phone: Continued from meeting of: Return to: Robert Lewis Location: Pahrump Planning Phone: Action requested: (Include what, with whom, when, where, why, how much ($) and terms) For Possible Action and deliberation regarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No : A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by amending the Village Residential VR- 10 and VR-20 Zoning Districts to allow guest residences as permissive uses; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record. Complete description of requested action: (tnctude, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) Staff recommends setting a Public Hearing for April 22, 2014 at Commissioners Chambers, Pahrump, Nevada. 11:00 AM in the Board of County Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Form) Routing & Approval (Sign & ) U No financial impact 1. Dept HR : ::: 1O.Co:n 3 8. Legal Manager Pla Agenda D Board of County Commissioners Action Approved Li Disapproved Li Amended as follows: Clerk of the Board ITEM

2 NYE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING DEPARTMENT STAFF REPORT Meeting : March 1$, 2014 AGENDA ITEMS For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No : A Bill proposing to amend Nyc County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by amending the Village Residential yr-b and VR-20 Zoning Districts to allow guest residences as permissive uses; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record. GENERAL INFORMATION SUMMARY This Bill was reviewed and recommended for approval by the Pahrump Regional Planning Commission by a 6-0 vote on february 12, Attached is the proposed Bill. RPC MINUTES RPC Minutes (from the February 12, 2014 RPC meeting): for possible action Bill No : Discussion, deliberation and possible decision to recommend to the Board of County Commissioners to adopt, amend and adopt, or reject a Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pabrump Regional Planning District, by amending the Village Residential VR-10 and VR-20 Zoning Districts to allow guest residences as permissive uses. Mr. Osborne reviews the staff report. Staff recommends adoption of the bill based upon the findings in the staff report. Commissioner Koenig states yr-b and VR-20 states minimum lot sizes can be reduced to 8,000 sq ft not subject to conditions. So does this mean a 10,000 sq ft lot can be 8,000 sq ft. Mr. Osborne stated yes if you have land that is yr-b and you apply for a Planned Unit of Development overlay you could actually go to 8,000 sq ft lots if the overall density was the same. Commissioner King states the total number of square footage that could conceivably be permitted to be put onto a 10,000 sq ft residential lot seems to be a little much. Should we limit these zoning districts limit guest residences to 750 sq ft in yr-b and 1,000 sq ft in VR-20. IVIr. Osborne stated 1,500 sq ft is the maximum size for a quest residence in all the other zoning districts, but if it is something you want to change.

3 Commissioner Koenig voiced the same concerns as Commissioner King. Mr. Lewis stated in other communities they use a percentage of the lot coverage. In this particular zoning we don t show a percentage. Public comment opens at 6:17 pm. Richard Lauver asks how many lots are in that realm and aren t you allocating another 15 to 20,000 water right parcels by adding that many quest houses. There will be a lot more water use and that is a large concern. Adding the 1,500 sq ft guest house to 20,000 lots potentially creates that many water rights allocated. Public comment closed at 6:19 pm. Motion: Recommend to the BOCC to adopt bill with the provision of allowing the guest house, primary residence and accessory structures to not exceed 40% of the of the lot coverage, Action: Recommend, Moved by Bob King, Seconded by Bruce Earl. Commissioner Hafen states he is concerned that we haven t properly agendized the item by adding the 40% we are limiting the size of the primary structure as well as the guest residence. This was agendized to just add specifically the guest residence. Mr. Sutton states he doesn t see it could be a problem, suggests that staff re-agendize the item after the change has been made. Mr. Lewis we can add a condition to the ordinance in the recommendation and we should not have to bring this back to the board. Commissioner Koenig asks if the DA s office suggests withdrawing the motion. Mr. Sutton stated he believe it should be brought back. Commissioner Earl withdraws his second to the motion. Motion still stands. Motion dies for lack of second. Motion: Recommend to the BOCC to adopt bill based upon four case findings shown in the report, Action: Recommend, Moved by Gregory Hafen II, Seconded by Bruce Earl. Vote: Motion failed (summary: Yes 2, No = 4, Abstain 0). Yes: Gregory Hafen II, John Koenig. No: Bill Dolan, Bob King, Bruce Earl, Joseph Goode. Absent: Jennifer McCall Commissioner Koenig asks for another motion to be brought back. Motion: Remand this back to staff to make necessary revisions as appropriate but would like to see the 40% added, Action: Return to staff, Moved by Bob King, Seconded by Bill Dolan.

4 Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bill Dolan, Bob King, Bruce Earl, Gregory Hafen II, John Koenig, Joseph Goode. Absent: Jennifer McCall Item is reopened at 6:40 pm by request of Mr. Sutton. Mr. Sutton states if we agendize something and add the amendment adds additional items, it is then a whole new agenda item. We should be okay if we recommend with the recommended change. Motion: Recommend adoption to the BOCC of Bill based upon the four case findings with the provision that the maximum of 40% of the net lot be covered by structnres, Action: Recommend, Moved by Bob King, Seconded by Bruce Earl. Commissioner Hafen has concerns with a 40% cap, he lives in the yr-b zoning and this would limit the size of the structures to 4,000 sq ft. He has neighbors that he doesn t know, but does know that have over 5,000 sq ft that he wouldn t be permitted under the 40% cap where he wouldn t be allowed to have the structures and it doesn t include his garages or sheds. Some others have large RV garages, 3,000 sq ft homes and have three car garages. Public comment opened at 6:44 pm Carl Grnbb asks if we are addressing single story structures or two story structures? Commissioner Koenig stated the bill would address the actual footprint; you can t cover more that 40% of the land. Public comment closed at 6:45 pm. Commissioner Hafen stated the homes he was referring to were single stories. Vote: Motion failed (summary: Yes 2, No = 4, Abstain = 0). Yes: Bill Dolan, Bruce Earl. No: Bob King, Gregory Hafen II, John Koenig, Joseph Goode. Commissioner Koenig asks for another motion. Mr. Lewis asks the board what they would like to see changed. Commissioner King stated maybe we should look at using gross acreage instead of net acreage. We may not want to limit ourselves to 40%. Motion: to remand this back to staff and to rework this taking into consideration comments made, Moved by Bob King, Seconded by Gregory Hafen II. Vote: Motion failed (summary: Yes = 3, No = 3, Abstain 0). Yes: Bob King, Bruce Earl, Joseph Goode. No: Bill Dolan, Gregory Hafen II, John Koenig. Item fails and Commissioner Koenig asks for another motion. 3

5 Motion: motion to recommend adoption based on 4 required case fmdings, Action: Adopt per staff recommendation, Moved by Bill Dolan, Seconded by Gregory Hafen II. Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bill Dolan, Bob King, Bruce Earl, Gregory Hafen II, John Koenig, Joseph Goode. RECOMMENDATION Recommended BOCC Motion: I motion to set the date, time, and location for a Public Hearing regarding Nye County Bill No for April 22, 2014 at 11:00 a.m., in the Commissioners Chambers, Pahrump, Nevada. 4

6 NYE COUNTY, NV PAURUMP REGIONAL PLANNING COMMISSION REGULAR MEETING - FEBRUARY 12, 2014 Staff Report Agenda Item No. 15 CASE DESCRIPTION(S): for possible action Bifi No : Discussion, deliberation and possible decision to recommend to the Board of County Commissioners to adopt, amend and adopt, or reject a Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by amending the Village Residential VR-l 0 and VR-20 Zoning Districts to allow guest residences as permissive uses. LOCATION: APPLICANT(S): STAFF CONTACT: This proposed amendment applies to the Pahrump Regional Planning District (PRPD) N/A Steve P. Osborne, MCP, Principal Planner - (775) 75l4249,, PROJECT SYNOPSIS: Currently under Nye County Code, guest residences are allowed as permissive uses in the SE, RE-i, RE-2, RH-4.5, RH-9.5 and Business Opportunity Overlay (BO) Zoning Districts. Guest residences are not authorized as permissive or conditional uses within the VR-1 0 or VR-20 Zoning Districts. The purpose of this Bill is to allow guest residences as permissive uses in the yr-b and VR-20 Zoning Districts. Staff believes that guest residences would be appropriate uses of land within the VR-1 0 and VR-20 Zoning Districts as these uses would be harmonious and compatible with other uses allowed within these districts as long as the required setbacks and size restrictions are met. CONCLUSIONS: Conclusions Staff fmds sufficient justification to recommend approval. The proposed text amendment meets the findings as shown on page two (2). The proposed text amendment will improve the application of the Zoning Ordinance. STAFF RECOMMENDATION(S): Motion to recommend ADOPTION of Bill to the Board of County Commissioners, based upon the four (4) required case findings as shown on page two (2) of this report (or move to amend and adopt, or reject, based upon alternate or additional fmdings as established by the Pahnimp Regional Planning Commission.)

7 BILL NO NYE COUNTY ORDINANCE NO. SUMMARY: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by amending the Village Residential VR- 10 and VR-20 Zoning Districts to allow guest residences as permissive uses; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto. TITLE: A BILL PROPOSING TO AMEND NYE COUI.TTY CODE TITLE 17, THE ZONING ORDINANCE OF THE PAHRUMP REGIONAL PLANNING DISTRICT, BY AMENDING THE VILLAGE RESIDENTIAL VR-10 AND VR-20 ZONING DISTRICTS TO ALLOW GUEST RESIDENCES AS PERMISSIVE USES; AND PROVIDING FOR THE SEVERABILITY, CONSTITUTIONALITY AND EFFECTIVE DATE HEREOF; AND OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, pursuant to NRS , the Nye County Board of Commissioners (Board) is authorized to amend the Nye County Code; and WHEREAS, pursuant to NRS , for the purpose of promoting the health, safety and the general welfare of the residents of Nye County, the Board is authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures; and WHEREAS, any such regulation, restriction and control must take nto account the potential impairment of natural resources and the total population which the avi.i%e natural resources will support without unreasonable impairment; and WHEREAS, the Board finds that Nye County Cp ci:ently allows guest residences as permissive uses in the SE, RE-i, RE-2, RH-4.5, RHLI BO Zoning Districts; that guest residences would also be appropriate uses of land within tft(k-l0 and VR-20 Zoning Districts as these uses would be harmonious and compatible with other uses allowed within these districts; and that guest residences within the yr-b and VR-20 zones would not necessitate the additional review required by a conditional use permit process, and therefore it is appropriate to allow guest residences as permissive uses within the VR-lO and VR-20 zones; NOW, THEREFORE, the Board of County Commissioners of the County of Nye, State of Nevada, does hereby adopt, promulgate and order compliance therewith within the Pahmmp Regional Planning District, the following amendments and regulations: NYE COUNTY CODE TITLE 17 IS HEREBY AMENDED, with De1etion shown in strike through red font, and additions shown in underscored blue font:

8 : VR-20 VILLAGE RESIDENTIAL: A. Scope: The following regulations shall apply to the VR-20 village residential zones. No new building or structure shall be erected, or parcel developed in a VR-20 zone unless in conformance with the provisions identified herein. B. Purpose: The VR-20 village residential zone is intended as an area for lower density residential uses in a suburban environment, the principal purpose is for single-family residential development, and to preclude incompatible uses. The minimum lot size in the VR-20 zone is twenty thousand (20,000) square feet. The VR-20 zone is appropriate where suburban characteristics are desired and full public services are available. C. Height, Lot And Setback Requirements: Minimum lot size 20,000 tluare feet1 Minimum lot width (interior lot) 70 feet Minimum lot depth 100 feet Maximum building height 35 feet Note: 1. Application for a planned unit development overlay can allow for minimum lot size to be reduced to 8,000 square feet (net) subject to conditions. MINIMUM BUILDING SETBACKS Use Front Side Rear Street Side Principal residential buildings 25 feet 10 feet 35 feet f25 feet Pnncipal buildings for nonresidential uses1 r25 feet 25 feet 35 feet 25 feet Accessory buildings : feet 5 feet 5 feet 25 feet Note: 1. Principal buildings include institutional uses, quasi-public, churches, etc. D. Permissive Uses: Accessory buildings not to be used for residential purposes, provided that the floor area of any single accessory building, or combined floor area of multiple accessory buildings, shall not exceed three thousand (3,000) square feet. Home occupations, home based businesses and residential industry (subject to the general provisions for residential zones section). One guest residence not to exceed 1,500 square feet One single-family residence per lot.

9 E. Uses Subject To A Conditional Use Permit: The following are subject to a conditional use permit as provided for in articles V and VIII of this chapter: Adult daycare facilities. Bed and breakfast inns. Childcare facilities. Churches, temples, mosques and related facilities and accessory uses. Intermediate care facilities. Public or private recreation areas. Public or private schools. Public, quasi-public and institutional uses. Temporary living facilities. (Ord. 384, 2010) : yr-b VILLAGE RESIDENTIAL: A. Scope: The following regulations shall apply to the yr-b village residential zones. No new building or structure shall be erected, or parcel developed in a yr-b zone unless in conformance with the provisions identified herein. B. Purpose: The yr-b village residential zone is intended as an area for moderate density residential uses in a suburban environment, the principal purpose is for single-family residential development, and to preclude incompatible uses. The minimum lot size in the yr-b zone is ten thousand (10,000) square feet. The yr-b zone is appropriate where suburban characteristics are desired and full public services are available. C. Height, Lot And Setback Requirements: Minimum lot size 10,000 square feet Minimum lot width (interior lot) 70 feet Minimum lot width (corner lot) f8o feet Maximum building height 35 feet Note: 1. Application for a planned unit development overlay can allow for minimum lot size to be reduced to 8,000 square feet (net) subject to conditions.

10 MINIMUM BUILDING SETBACKS Use Front Side Rear Street Side Principal residential buildings 20 feet1 110 feet! 20 feet 20 feet 5 feet2 Principal buildings for nonresidential uses3 [20 feet 15 feet 15 feet 20 feet Residential and nonresidential accessory buildings 20 feet 5 feet 1 5 feet 20 feet Notes: 1. front loading garages must be set back 25 feet. 2. Minimum separation between buildings on adjacent lots shall be 15 feet. 3. Principal buildings include institutional uses, quasi-public, churches, etc. D. Permissive Uses: Accessory buildings not to be used for residential purposes, provided that the floor area of any single accessory building, or combined floor area of multiple accessory buildings, shall not exceed one thousand five hundred (1,500) square feet. Animal, agricultural care project. Home occupations, home based businesses (subject to the general provisions for residential zones section). One guest residence not to exceed 1,500 square feet One single-family residence per lot. E. Uses Subject To A Conditional Use Permit: The following are subject to a conditional use permit as provided for in articles V and VIII of this chapter: Adult daycare facilities. Childcare facilities. Churches, temples, mosques and related facilities and accessory uses. Intermediate care facilities. Public or private recreation areas. Public or private schools. Public, quasi-public and institutional uses. Ic

11 BY: Temporary living facilities. (Ord. 353, 2008: Ord. 346, 2007: Ord. 319, 2006: Ord. 285, 2004) SEVERABILITY. If any provision of this ordinance or amendments thereto, or the application to any person, thing or circumstance is held to be invalid, such invalidity shall not affect the validity or provisions or applications of the ordinance or amendments thereto which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance and amendments thereto are declared to be severable. CONSTITUTIONALITY. If any section, clause or phrase of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after passage, approval, and publication as required by law, to wit, from and after the day of Proposed on the day of, 2014 Proposed by: Commissioner Adopted on the day of,2014 Vote: Ayes: Commissioners: Nays: Absent: Commissioners: Commissioners: Daniel Schinhofen, Chairman Nye County Board of County Commissioners ATTEST: Sandra Sam Merlino Clerk and Ex-Officio Clerk of the Board *1

12 Guest Pahrump Regioital Planning commission Febrttary 12, 2014 StaffReport; Text Amendment Residences Page 2 of2 FINDINGS: Required findings for a proposed Text Amendment to the Zoning Ordinance as required under NCC (D) of the Nyc County Code: 1. The proposed Text Amendment conforms to the adopted Master Plan. The proposed text amendment is in conformance with the land use goals, objectives and policies identified in the Master Plan. The Master Plan states that there should be a diversity of housing types, a range of choices for residents, and affordable and senior housing opportunities; additionally, the Plan states that the availability of a mix of housing, including affordable housing options, is a priority. 2. The proposed Text Amendment will not adversely affect existing land uses and zoning districts. Guest residences would be appropriate uses of land within the VR-10 and VR-20 Zoning Districts as these uses would be harmonious and compatible with other uses allowed within these districts as long as the required setbacks and size restrictions are met. 3. Community growth and development factors indicate the need foi and appropriateness of the proposed Text Amendment. Guest residences (casitas) have been constructed in the master planned community of Mountain Falls, which has an average lot size of 6,500 square feet. Hotvever, guest residences are not authorized as permissive or conditional uses within the yr-b or VR-20 Zoning Districts. There does not appear to be any reason why guest residences would not be appropriate uses of land within the VR-lO and VR-20 Zoning Districts. 4. The proposed Text Amendment will provide clarity or readability to the Zoning Ordinance, will address or correct an oversight in the Zoning Ordinance, or improve the application of the Zoning Ordinance. The text amendment will correct a possible oversight and improve the application of the Zoning Ordinance. ANALYSIS: Title 17 of the Nye County Code, known as the Pahrump Regional Planning District Zoning Ordinance, was established under Ordinance 229 and became effective in September of Since its inception, the Zoning Ordinance has been amended on several occasions. Currently under Nye County Code, guest residences are allowed as permissive uses in the SE, RE-I, RE-2, RH-4.5, RH-9.5 and 30 Zoning Districts. Guest residences are not authorized as permissive or conditional uses within the yr-b or VR 20 Zoning Districts. Guest residences (casitas) have been constructed in the master planned community of Mountain Falls (zoned SP Specific Plan), which has an average lot size of 6,500 square feet. Staff believes that guest residences would be appropriate uses of land within the yr-b and VR-20 Zoning Districts as these uses would be harmonious and compatible with other uses allowed within these districts as long as the required setbacks and size restrictions are met. There does not appear to be any reason why guest residences would not be appropriate uses of land within the yr-b and VR-20 Zoning Districts. Attached is the proposed Text Amendment.