NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING December 14, 2016

Transcription

1 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING December 14, 2016 Staff Report Agenda Item No. 13 CASE DESCRIPTION(S): LOCATION: For Possible Action CU : Public hearing, discussion, deliberation and possible decision on a Conditional Use Permit (CUP) application to allow the restoration of a grandfathered use of land (recreational vehicle trailer as a permanent residence) which has been operationally abandoned or discontinued for a period of six (6) consecutive months or more, per NCC I.3 Grandfathered Uses, on a 1.0 acre parcel zoned Rural Estates Residential (RE-1) where recreational vehicles are allowed only as temporary residential uses. (This item is final action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (SO) 1610 W. Irons Street APN NUMBER(S): AP# # LEGAL DESCRIPTION(S): PROPERTY OWNER(S): APPLICANT(S): AGENT(S): Cal Vegas Ranchos Unit F, lot 289. Edward J. Schuler Property Owner/Applicant Edward J. Schuler Property Owner/Applicant N/A STAFF CONTACT: Steve P. Osborne, AICP, Principal Planner (775) PROJECT SYNOPSIS: The applicant is requesting a Conditional Use Permit to reinstate (restart) a Grandfathered Use of Land or Building which has been operationally abandoned or discontinued for a period of six (6) consecutive months or more, per Nye County Code I.3, to allow a recreational vehicle trailer as a permanent residence. The subject parcel is zoned RE-1. A single family residence is a permissive use in the RE-1 zoning district, however, the definition of single family residence includes a site-built home or a manufactured home, and doesn t include RV s. With the approval of this CUP, a recreational vehicle trailer as a permanent residence would be allowed. Conclusions Upon review of the application, staff finds the proposed reinstatement is contrary to the RE-1 zoning regulations which allow only a site-built home or a manufactured home as the primary residence; also, the request is inconsistent with Nye County Code which allows the use of a recreational vehicle on residentially-zoned parcels only for certain temporary uses such as during the construction of a residence by the owner or as a seasonal use; and, approval of this request to allow a permanent use of an RV should not be granted at this time based on pending code revisions related to this subject matter. RECOMMENDED MOTION(S): Move to DENY based upon the Findings as shown on page 2 (or move to APPROVE based upon alternate findings as established by the Pahrump Regional Planning Commission and subject to the conditions of approval).

2 Pahrump Regional Planning Commission Staff Report; CU December 14, 2016 Page 2 of 6 Findings for CU as required under NCC L of the Nye County Code: 1. The conditional use will not be harmonious with and in accordance with the general objectives or with any specific objectives of the currently adopted Master Plan, the Zoning Reference Map and this Title. Nye County Code I.3 allows for the reinstatement of Grandfathered Uses with the approval of a Conditional Use Permit. The subject property is master planned RDR and zoned RE-1. The RDR master plan designation allows RE-1 zoning as the most intensive zoning district permissible, which in theory would mean in terms of density the subject 1-acre parcel could accommodate one residence, and one guest residence. Neither the primary residence nor guest residences are allowed to be recreational vehicles. The subject CUP would allow for a recreational vehicle as the primary residence which is contrary to the RE-1 zoning regulations which allows only a site-built home or a manufactured home; therefore, the requested CUP is not in accordance with the Zoning Map/Title 17 (Zoning Ordinance). Additionally, the request is inconsistent with Nye County Code which allows the use of a recreational vehicle on residentially-zoned parcels only for certain temporary uses such as during the construction of a residence by the owner or as a seasonal use. 2. The conditional use will not be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity. The proposed use of a recreational vehicle as a primary residence is inconsistent with the intended character of the RE-1 zoning district which allows only a site-built home or a manufactured home as a permanent residence. 3. The conditional use will not be hazardous or disturbing to existing or future neighboring uses. The reinstatement of the RV as a dwelling unit would not likely be hazardous or disturbing to existing or future neighboring uses. 4. The conditional use is not a substantial improvement to property in the immediate vicinity and to the community as a whole. A recreational vehicle is not a substantial improvement to the vicinity or to the community. 5. The conditional use will be adequately served by essential public facilities and services (highways, streets, police and fire protection, drainage structures, refuse disposal, schools). Access to the property is via a paved County road. No additional public facilities or services would be needed to reinstate the requested use. 6. The conditional use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. Approval of the requested reinstatement is not anticipated to create any additional requirements at public cost for public facilities and services, nor is the requested use anticipated to be detrimental to the economic welfare of the community. 7. The conditional use will not involve uses, activities, processes, materials and equipment, and conditions of operation that are detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glares or odors. The proposed use would not create any additional traffic, noise, smoke, fumes, etc. 8. The conditional use is consistent with the intent and purposes of this Chapter. LAND USE MATRIX CURRENT ZONING MASTER PLAN DESIGNATION CURRENT LAND USE SITE RE-1 Rural Density Residential Recreational Vehicle (temporary) NORTH RE-1 Rural Density Residential Vacant SOUTH RE-1 Rural Density Residential Single Family Residence EAST RE-1 Rural Density Residential Single Family Residence WEST RE-1 Rural Density Residential Single Family Residence

3 Pahrump Regional Planning Commission Staff Report; CU December 14, 2016 Page 3 of 6 DISCUSSION Background: The subject property contains a domestic well, septic system and power (installed in 1992). According to the applicant, a recreational vehicle was previously used as the primary residence on the property, and was discontinued more than 6 months ago. The subject property was rezoned from Open Use (OU) to RE-1 with the Comprehensive Rezoning, approved by the Board of County Commissioners at their June 22, 2007 meeting. No further history follows. Area Characteristics: The subject property consists of one (1) parcel, approximately 1-acre that is bordered to the south by Irons Street. An inventory of surrounding land uses can be found in the above-listed matrix. The site is relatively flat and contains no unusual land features. Surrounding properties are residentially zoned parcels. The subject property is located in the flood zone X (shaded), which corresponds to areas of moderate flood hazard, usually the area between the limits of the 100 year and 500 year flood areas, as indicated by the Flood Insurance Rate Map (FIRM). External Comments: The Town of Pahrump, Emergency Services (Sheriff s Department), Pahrump Fire and Rescue Department, and the Nye County School District offer no comments. Staff has received one letter in support of the application. Public Works supports any facts, findings or conditions determined by the Pahrump Regional Planning Commission (PRPC) at this time, reserving the right to provide additional facts, findings and conditions upon the submission of the improvement plans for any commercial/industrial development of the property and/or complying with Nye County Code. ANALYSIS Application Details: The applicant is requesting a Conditional Use Permit to reinstate a Grandfathered Use of Land or Building which has been operationally abandoned or discontinued for a period of six (6) consecutive months or more, per Nye County Code I.3, to allow the re-establishment of a recreational vehicle as the primary residence The subject property contains a domestic well, septic system and power (installed in 1992). According to the applicant, a recreational vehicle was previously used as the primary residence on the property, and was discontinued more than 6 months ago. Nye County Code allows for a property owner to apply for a Conditional Use Permit to allow a previously grandfathered use of land or building to restart on the property; it must be shown that such use would not be hazardous or disturbing to existing or future neighboring uses, that the use would be a substantial improvement to property in the immediate vicinity and to the community as a whole, that the use would be consistent with the Master Plan and Zoning Ordinance, and that the conditions of operation will not be detrimental to any persons or property. Zoning: The subject property is currently zoned RE-1 which allows for a single family residence and a guest residence as permissive uses. A single family residence is a permissive use in the RE-1 zoning district, however, the definition of single family residence includes a site-built home or a manufactured home, and doesn t include RV s. NCC GRANDFATHERED USES A. Continuance of Use. A lawful use of land or buildings not in conformance with the regulations prescribed in this Chapter existing at the time of the adoption of the original Ordinance may be continued as follows in this Section. B. Expansion of Grandfathered Buildings. A grandfathered use of land or building shall not be extended or expanded, nor additional structures be added except by Conditional Use Permit. Minor modifications and maintenance necessary to said continuing condition is permitted.

4 Pahrump Regional Planning Commission Staff Report; CU December 14, 2016 Page 4 of 6 C. Abandonment of Grandfathered Use. A lawful use of grandfathered land or buildings, including house trailers, which is operationally abandoned or discontinued for a period of six (6) consecutive months or more, shall not be resumed. D. Repair and Construction of Damaged Buildings. Grandfathered buildings which have been damaged or destroyed by natural calamity or fire, may be repaired or reconstructed within (18) eighteen months from the date of damage, with an application for a building permit placed within six months from the date of damage, provided the repaired building is appropriate to, and is not an expansion of, the previous use. E. Compliance. Provisions of this Section shall comply with the uses of property or to buildings, which may become nonconforming by reason of amendment or supplement to this Chapter or the Land Use Plan. F. Changing to Another Nonconforming/Grandfathered Use. A grandfathered use, building or structure may not be changed to any other nonconforming use. G. Change of Ownership. A grandfathered use can continue with a change of ownership of the property. H. Sexually Oriented Businesses. 1. Any sexually oriented business lawfully operating on December 21, 2004, that is in violation of the Sexually Oriented Business Conditions and Safeguards of Article V of this Chapter shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 36 months, unless sooner terminated for any reason or voluntarily discontinued for a period of six (6) months or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming. 2. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in Subsection 1 above within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked. I. Restoration of Grandfathered Uses. 1. Any property owner may apply for a Conditional Use Permit to request an extension of time for a grandfathered use which has been operationally abandoned, but has not yet lost its grandfathered status (i.e., the grandfathered use has not been operationally abandoned for a period of 6 consecutive months or more). 2. A property owner may apply for a Waiver to allow relief from the 6 month time provision for abandonment of grandfathered uses, to allow for additional time in which a grandfathered use may be operationally abandoned before it is considered to have lost its grandfathered status. 3. In the case of a property that has lost its grandfathered status, the property owner may apply for a Conditional Use Permit to allow the previously grandfathered use of land or building to restart on the subject property. Requested Conditional Use: The requested Conditional Use application is to resume, or reinstate, a Grandfathered Use of Land or Building which has been operationally abandoned or discontinued for a period of six (6) consecutive months or more, per Nye County Code I.3, to allow the re-establishment of a single family residence.

5 Pahrump Regional Planning Commission Staff Report; CU December 14, 2016 Page 5 of 6 In order to allow a previously grandfathered use of land or building to restart, it must be shown that such use would not be hazardous or disturbing to existing or future neighboring uses, that the use would be a substantial improvement to property in the immediate vicinity and to the community as a whole, and that the conditions of operation will not be detrimental to any persons or property : TEMPORARY USE PERMITS: A. Purpose: The purpose of this section is to create a process for temporary use permits for the temporary placement of a mobile home or commercial coach or a recreational vehicle when used as a residence for uses defined in this section. 1. The placement of a temporary mobile home or commercial coach or recreational vehicle for temporary residential purposes may be allowed as follows with a temporary use permit: a. Watchman's Quarters: On a lot or parcel in the general commercial or industrial land use districts when used as a watchman's quarters; evidence of an active commercial or industrial operation will be required. The temporary use permit must be renewed annually by providing the planning department with an annual renewal fee and evidence that the commercial or industrial operation is active. The absence of an active business license for the commercial or industrial operation will automatically terminate the temporary use permit. b. Farming Or Ranching Operation: On a lot or parcel in the rural homestead land use districts when used as a temporary residence in conjunction with a bona fide functioning farming or ranching operation; evidence of an active farming or ranching operation and demonstration of need will be required. The temporary use permit must be renewed every two (2) years by providing the planning department with a renewal fee and demonstration of continued need. c. During Permanent Dwelling Construction: On a lot or parcel in the rural homestead, rural estates, suburban estates, and village residential land use districts when parked on the same parcel of land and utilized as a temporary residence during the construction or placement of an on site permanent dwelling. A building permit as required by the county ordinances and state law must be issued prior to issuance of a temporary use permit. The temporary use permit shall terminate upon expiration of the building permit or within thirty (30) days of the issuance of a certificate of occupancy. If the building has not been completed within one year, the temporary use permit must be renewed by providing the planning department with a renewal fee and an estimated time for building completion. On June 30, 2016, the applicant was granted approval of a Temporary Use Permit for one year to reside in an RV (motorhome) on the subject property under NCC A.1.c, while applicant installed a permanent manufactured home on the site. It is staff s opinion that the proposed reinstatement is contrary to the RE-1 zoning regulations which allows only a sitebuilt home or a manufactured home as the primary residence; therefore, the requested CUP is not in accordance with the Zoning Map/Title 17 (Zoning Ordinance); and thus does not comply with the required findings. Additionally, Nye County is currently in the process of reviewing and possibly revising the regulations relating to RV s, guest homes, tiny homes and temporary RV uses staff suggests that approval of this request to allow a permanent use of an RV should not be granted at this time based on the pending code revisions related to this subject matter. CONCLUSIONS Upon review of the application, Staff finds the proposed reinstatement is contrary to the RE-1 zoning regulations which allows only a site-built home or a manufactured home as the primary residence and does not comply with the required findings. The following CONDITIONS OF APPROVAL have been suggested should the Regional Planning Commission approve the application and these are subject to the discretion of the Regional Planning Commission:

6 Pahrump Regional Planning Commission Staff Report; CU December 14, 2016 Page 6 of 6 Conditional Use Permit Special Conditions of Approval 1. This CUP allows only for the use of one (1) recreational vehicle as the primary residence on the subject parcel. 2. The CUP will expire in one (1) year from the date of approval unless the use has commenced by that date. Any further extensions of time must be applied for prior to the date of expiration. 3. If the use is discontinued for six months or more, the CUP shall expire and become void and invalid. 4. Property owner/applicant must obtain approval of a Zoning Review application from the Planning Department for the RV. 5. Property owner/applicant shall obtain approval of all necessary building permits (if any) and inspections through Nye County Building and Safety.

7 David St PRPC Hearing Dec Item #13 CU W. Irons St. -- APN Edward Schuler -- Owner/Applicant Wilson Rd Subject Property Irons St Vondell Dr Ë Exhibit "A" -- Area Zoning Subject Property Notified Properties 500 Foot Buffer RE-1; Rural Estates Residential NC; Neighborhood Commercial DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.

8 David St PRPC Hearing Dec Item #13 CU W. Irons St. -- APN Edward Schuler -- Owner/Applicant Wilson Rd Subject Property Irons St Vondell Dr Ë Exhibit "B" -- Master Plan Categories Subject Property Notified Properties 500 Foot Buffer RDR RDA DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.

9 David St PRPC Hearing Dec Item #13 CU W. Irons St. -- APN Edward Schuler -- Owner/Applicant Wilson Rd Subject Property Irons St Vondell Dr Ë Exhibit "C" -- Aerial Perspective Subject Property Notified Properties 500 Foot Buffer DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.

10 PRPC Hearing Dec Item #13 CU W. Irons St. -- APN Edward Schuler -- Owner/Applicant Subject Property Irons St Ë Exhibit "D" -- Close-up Aerial Subject Property DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of this document beyond the purpose for which it is intended. This drawing is not to scale.

11

12

13

14

15

16

17 From: Krezlyn Waukau Sent: Tuesday, December 06, :23 PM To: Planning Subject: WV In reference to notice of Mr. Schuler's application to the Pahrump Regional Planning Commission: I own the property to the west of Mr. Schuler's. He is a quiet, considerate neighbor who keeps his property in excellent condition. His motor home is attractive and well kept. I would be pleased if Mr. Schuler were allowed to keep his motor home as a permanent residence on his land, if he so desires. Thank you. Krezlyn Waukau 1640 W. Irons Pahrump, NV