NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING May 10, 2017

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1 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING May 10, 2017 Staff Report Agenda Item No. 12 CASE DESCRIPTION(S): For Possible Action WV : Public hearing, discussion, deliberation and possible action on a request for a Waiver from Nye County Code D.4 and allow for unimproved parking and drive aisles in conjunction with the development of a mini-storage facility on two adjoining parcels of land that are 2.33 acres each totaling approximately 4.66 acres. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) LOCATION: 1901 & 1861 N. Leslie Street APN NUMBER(S): AP# s: & 08 LEGAL DESCRIPTION(S): Pechstein Ranch Unit 1, Block 1, Lots 3 & 4, T20S, R53E, Section 5 PROPERTY OWNER(S): APPLICANT/ AGENT: Steven M. Khoury William Browning STAFF CONTACT: Cheryl Beeman, AICP, Principal Planner (775) PROJECT SYNOPSIS: The applicant is requesting a Waiver from Nye County Code (NCC) to allow the use of unimproved (graveled) parking and drive aisles in conjunction with the development of a mini-storage facility. The owner has submitted a plan of development which includes office/warehouses fronting Leslie Street. There are no waivers requested for the office/warehouse portion of the plan of development. Behind the office/warehouses, the applicant is planning ministorage units and a fenced open/storage yard and it is this area (drive aisles and parking area) where the waiver is being requested. This application can move forward as a waiver from NCC over which the BOCC has delegated the decision authority to the RPC. And at the April 18 th, meeting the BOCC reviewed facts and approved a waiver of the requirements of Unpaved Parking and Storage Areas. Under of NCC, the BOCC is not required to make findings in their determination of this matter. RECOMMENDED MOTION(S): Move to APPROVE WV , based upon the findings shown BELOW or based on alternate findings. Subject to the conditions of approval (or move to DENY WV , based upon alternate findings as established by the Pahrump Regional Planning Commission).

2 Pahrump Regional Planning Commission Staff Report; WV May 10, 2017 Page 2 of 3 Planning Commission Evidence: required under Administration and Procedure (NCC E) 1. There are special circumstances or conditions applying to the subject property which makes compliance with the provisions of this Chapter difficult and a cause of hardship to, and abridgement of, a property right of the owner of said property. Cause of hardship is stated as the cost of paving. However staff notes that this requirement does not cause a reduction of the owner s property rights. 2. The circumstances or conditions do not apply generally to other properties in the same land use district. This circumstances or conditions (unpaved parking and storage yards) applies generally to all other NC zoned properties in the vicinity. 3. The granting of the waiver or exception will substantiate justice to the applicant or owner(s) of the property. Granting the waiver allows the development -- mini-storage facility and open storage yard to proceed with graveled drive and parking aisles. This might provide the property owner parity or equitableness to other similar business operations that are located outside of the Community Development Area (CDA). 4. The granting of the waiver(s) would not result in material damage or prejudice to other properties in the vicinity, and the granting of the waiver would not be viewed to be detrimental to public health, safety, and general welfare. Granting of this waiver would not result in material damage, prejudice or be a detriment to the neighboring properties. 5. The granting of the waiver(s) would provide an opportunity for improved zoning and planning that would benefit the community. The granting of this waiver from the requirement of paving the drive aisles and storage area of the proposed ministorage and outdoor storage area decreases the impermeable surface area and reduces the potential runoff from the site. LAND USE MATRIX SITE NORTH SOUTH EAST WEST CURRENT ZONING MASTER PLAN DESIGNATION CURRENT LAND USE Neighborhood Commercial (NC) Neighborhood Commercial (NC) Neighborhood Commercial (NC) Rural Estates Residential (RE-1) Rural Estates Residential (RE-1) RDA RDR RDR RDR RDR Commercial & Commercial with minor improvements Undeveloped and SFR Undeveloped Commercial/Undeveloped & SFR SFR Background: No previous details. DISCUSSION Area Characteristics: The subject two parcels are located on Leslie north of Mesquite. This area has been primarily planned as RDR, with the exception of a few lots that exhibit a commercial use or have some sort of commercial infrastructure development. The area was strip zoned Neighborhood Commercial. The subject property is located within flood zone X (shaded), which corresponds to a 0.2% annual chance flood.

3 Pahrump Regional Planning Commission Staff Report; WV May 10, 2017 Page 3 of 3 External Comments: The Town of Pahrump, Emergency Services (Fire and Sheriff s Departments), and the Nye County School District did not provide comments. Public Works supports any facts, findings or conditions determined by the 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: This application is a request for a Waiver (WV) from the General Development Standards that are outlined in NCC. If approved would allow for the development of a ministorage facility to be developed using graveled drive aisles instead of an all weather surface. Action on a waiver request requires a simple majority vote of the RPC. Since the adoption of the Dust Control Regulations, the Pahrump Valley has seen a significant improvement in air quality. Improvement of air quality have been achieved through paving or chip sealing roadways, and monitoring of construction sites, showing that annual concentrations of PM10 remain well below the annual standard. This improvement translated into certain goals outlined within the 2014 PRPD Master Plan Update. Chapter 6 Conservation Plan, Goal 3: Policy 2: Consider implementing additional low-cost alternatives to asphalt paving in certain circumstances as long as air quality is not degraded and street standards are not compromised. Zoning: The subject property is zoned Neighborhood Commercial (NC), ministorage facilities with or without a caretaker s residence are listed as permissive uses in this zoning district. The property is master planned as Rural Development Area (RDA). The purpose of the RDA is a rural multiple use designation that allows for low intensity/density mixed use area at appropriate rural locations, designed to provide limited good and services along with compatible rural residential uses. Distinctions of RDA include: Development standards are related to low and very-low residential densities and low intensity commercial development/ Property development may require significant investment to provide needed infrastructure for roads, water, and sewerage facilities. Roadways are rural in character and may require significant investment to meet standards. CONCLUSIONS Upon extensive review of the application, staff is able to find sufficient justification to recommend approval of the request under the standards for waivers, however, staff notes that approval of this waiver will not result in damage or prejudice to other property owners and approval of this waiver should not be detrimental to public health, safety or general welfare. Should the Regional Planning Commission desire to approve the application, the Commission must make finding in support of that decision. Should the Planning Commission approve this waiver from , the following CONDITIONS OF APPROVAL are suggested and are subject to the discretion of the Regional Planning Commission. CONDITIONS OF APPROVAL 1. Conformance with the submitted plan is required, waiver of parking is only for the mini-storage area and storage lot area that will be provided with gravel to a minimum depth of two (2 ) inches compacted. Gravel areas shall be maintained to prevent fugitive dust and prevent the gravel from being tracked out onto other asphalt surfaces. 2. Property owner/applicant shall obtain approval of Site Development Plan Reviews from the County and apply for all necessary building permits and inspections through Pahrump Building Safety. 3. The waiver shall be subject to review; a. In two (2) years from the date of final approval of the Site Development Plan Review, or; b. Review shall be triggered upon receipt of a substantiated violation of the Air Quality Regulations.

4 Landmark Av PRPC Hearing May Item 12 WV & 1861 N. Leslie St. -- APNs & 08 Stevem M. Khoury -- Owner / William Browning -- Applicant Mesquite Av Leslie St Appaloosa Ln Stardust Ë Exhibit "A" -- Area Zoning Notified Properties 500 Foot Buffer NC; Neighborhood Commercial GC; General Commercial CM; Commercial Manufacturing MU; Mixed Use RE-1; Rural Estates Residential RE-2; Rural Estates Residential 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.

5 Landmark Av PRPC Hearing May Item 12 WV & 1861 N. Leslie St. -- APNs & 08 Stevem M. Khoury -- Owner / William Browning -- Applicant Mesquite Av Leslie St Appaloosa Ln Stardust Ë Exhibit "B" -- Master Plan Categories Notified Properties 500 Foot Buffer RDA RDR 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.

6 Landmark Av PRPC Hearing May Item 12 WV & 1861 N. Leslie St. -- APNs & 08 Stevem M. Khoury -- Owner / William Browning -- Applicant Mesquite Av Leslie St Appaloosa Ln Stardust Ë Exhibit "C" -- Aerial Perspective 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.

7 PRPC Hearing Item 1 WV & 1861 N. Leslie St. -- APNs & 08 Stevem M. Khoury -- Owner / William Browning -- Applicant Leslie St Ë Exhibit "D" -- Close-up Aerial 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.

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10 15'-0" 50'-0" 247' 6" PL 247' 6" PL 495' combined PL 30'-0" 30'-0" 10'-0" 47'-5" 10'-0" 55'-0" 24'-11 1/16" 15'-0" 10'-0" 35'-0" 5'-0" 50'-0" leach field 100' 410' PL 410' PL EXISTING 6' CHAINLINK FENCE ADJOINING PROPERTY VACANT 30'-0" 5'-0" 20'-0" 9'-0" 495' combined PL 4'-0" 10'-0" 35'-0 5/8" EXISTING GRAVEL DRIVEWAY type II gravel drive PROPERTY LINE 36'-0" FUTURE 20' GATE 30 x 100 mini storage ADJOINING PROPERTY RESIDENTIAL ADJOINING PROPERTY RESIDENTIAL ADJOINING PROPERTY RESIDENTIAL 2% 1% FLOW LINE 1% FLOW LINE DROUGHT TOLERANT LANDSCAPING future well EXISTING GRAVEL DRIVEWAY EXISTING GRAVEL DRIVEWAY FUTURE GATE FUTURE GATE ACERAGE 2.33 EA. FUTURE future type II open storage yard EXISTING 6' CHAINLINK FENCE future type II open storage yard future 100' leach field future water 30 x 100 mini storage future water future septic tank future sewer line FUTURE 20' GATE 24'-0" 30 x 50 office 24 x 24 garage FUTURE 20' GATE 20'-0" 5'-0" 10' 35' 5' 50' 30' 50' 15' 5' 20' 50' 30' 30' 47.5' 10' 15' 10' 42'-0" 55' 10'-0" 33' 9' 24' 4' 42' Scale:...N.T.S. 20' 25' 5' EXISTING 6' CHAINLINK FENCE EXISTING 6' CHAINLINK FENCE PUBLIC UTILITY POLE PUBLIC UTILITY POLE future type II gravel drive 50'-0" N well power 30 x 100 mini storage 30 x 100 mini storage FUTURE FUTURE FUTURE water future type II gravel drive FUTURE FUTURE future type II gravel drive 30 x 100 mini storage 30 x 100 mini storage future type II gravel drive FUTURE REFUSE COLLECTION AREA septic STREET ACCESS FUTURE FUTURE ASPHALT DRIVE AND PARKING PUBLIC UTILITY POLE future type II gravel drive ASPHALT DRIVE AND PARKING 22'-0" STREET ACCESS FUTURE DECORATIVE ROCK STREET ACCESS 247' 6" PL 247' 6" PL PUBLIC UTILITY POLE DRAINAGE SWALL DRAINAGE SWALL 33'-5 7/16" 10' 10'-0 1/16" 10'-0" 30 x 100 office / mini storage 30 x 100 office / mini storage 30 x 100 office / mini storage 36' UNDER AWNING LIGHTING UNDER AWNING LIGHTING UNDER AWNING LIGHTING 1% FLOW LINE 1% FLOW LINE 22' exit and logo signs internally lite N. LESLIE entrance and logo sign internally lite APN: & OFFICE WHAREHOUSE LEASING SYSTEMS 1901 & 1861 N. Leslie Pahrump,NV DEVELOPER: O.W.L.S. LLC DATE: 12/27/2016