All items include discussion and possible action to approve, modify, deny, or continue unless marked otherwise.

Transcription

1 Jim Hindle Chairman Virgil Bucchianeri Planning Commissioner Larry Prater Planning Commissioner Summer Pellett- Planning Commissioner Storey County Planning Commission Meeting Agenda Thursday June 21, :00 p.m. Storey County Courthouse, District Courtroom 26 South B Street, Virginia City, Nevada John Herrington Vice-Chairman Kris Thompson Planning Commissioner Laura Kekule Planning Commissioner All items include discussion and possible action to approve, modify, deny, or continue unless marked otherwise. 1. Call to Order at 6:00 p.m. 2. Roll Call 3. Pledge of Allegiance 4. Discussion/Possible Action: Approval of Agenda for June 21, Discussion/Possible Action: Approval of Minutes for February 15, Discussion/Possible Action: Approval of Minutes for April 26, Discussion/Possible Action: Special Use Permit by Mark Menezes. The applicant requests a special use permit for the purpose of construction or placement of uses allowable in the F Forestry zone including a site-built or manufactured single-family residence, agriculture and horticulture uses incidental to the principal domestic use, general agricultural uses and structures, continued use and maintenance of an existing solar energy generating facility, and other accessory improvements related thereto on property located at 700 and 800 Menezes Way (APN ), Lockwood, Storey County, Nevada. 8. Discussion/Possible Action: Ordinance No amendment to the Storey County sign ordinance, Storey County Code Title 17 Zoning, including Chapters Signs and Billboards, General Provisions, Public zone, R1 Single-Family Residential zone, R2 Multi-Family Residential zone, A Agriculture zone, Chapter C Commercial zone, CR Commercial Residential zone, F Forestry zone, I1 Light Industrial zone, I2 Heavy Industrial zone, E Estate zone, SPR Special Planning Review zone, and Definitions as pertaining to signs and billboards, and other properly related matters. Additional information including, but not limited to, draft text may be obtained from the Planning Department at or planning@storeycounty.org, or viewed online at In addition to the provisions of the NRS, any person may complete and return to the Board a statement supporting or opposing the proposed amendments to the county code and/or zoning ordinance. 9. Discussion/Possible Action: Determination of next Planning Commission meeting. 10. Discussion/Possible Action: Approval of Claims. 11. Correspondence (no action) 12. Public Comment (no action) 13. Staff (no action) 14. Board Comments (no action) 1

2 15. Adjournment Notes: There may be a quorum of Storey County Commissioners in attendance, but no action or discussion will be taken by the Commissioners. Public comment will be allowed after each item on the agenda (this comment should be limited to the item on the agenda). Public comment will also be allowed at the end of each meeting (this comment should be limited to matters not on the agenda). Items on the agenda may be taken out of order, the public body may combine two or more agenda items for consideration, and the public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Additional information pertaining to any item on this agenda may be requested from the Planning Department ( ). Certification of Posting I, Lyndi Renaud, on behalf of the Storey County Planning Commission, do hereby certify that I posted, or caused to be posted, a copy of this Agenda at the following locations on or before June 12, 2018: Virginia City Post Office; Storey County Courthouse; Virginia City Fire Station 71; Virginia City RV Park; Mark Twain Community Center; Rainbow Bend Clubhouse; Lockwood Community Center; Lockwood Fire Station; Virginia City Highlands Fire Station; and the Virginia City Highlands Online Message Board. By Lyndi Renaud, Secretary 2

3 STOREY COUNTY PLANNING COMMISSION MEETING Thursday February 15, :00 p.m. Storey County Courthouse, District Courtroom 26 South B Street, Virginia City, NV MEETING MINUTES CHAIRMAN: Jim Hindle VICE-CHAIRMAN: John Herrington COMMISSIONERS: Virgil Bucchianeri, Larry Prater, Kris Thompson, Laura Kekule, Summer Pellett 1. Call to Order: The meeting was called to order by the Chairman at 6:00 P.M. 2. Roll Call: Jim Hindle, Summer Pellett, John Herrington, Virgil Bucchianeri (teleconference). Absent: Larry Prater, Laura Kekule. Kris Thompson, Also Present: Planning Director Austin Osborne, Planner Kathy Canfield, Deputy D.A. Keith Loomis, County Commissioner Jack McGuffey, and County Commissioner Marshall McBride. 3. Pledge of Allegiance: The Chairman led those present in the Pledge of Allegiance. 4. Discussion/Possible Action: Approval of Agenda for February 15, Motion: Approve agenda for February 15, 2018, Action: Approve, Moved by Commissioner Herrington, Seconded by Commissioner Pellett, Vote: Motion carried by unanimous vote (summary: Yes=4). 5. Discussion/Possible Action: Approval of Minutes for November 16, Motion: Approve Minutes for November 16, 2017, Action: Approve, Moved by Commissioner Pellett, Seconded by Commissioner Herrington, Vote: Motion carried by vote (summary: Yes=4). 6. Discussion/Possible Action: Approval of Minutes for December 14, Motion: Approve Minutes for December 14, 2017, Action: Approve, Moved by Commissioner Pellett, Seconded by Commissioner Herrington, Vote: Motion carried by vote (summary: Yes=4). 7. Discussion/Possible Action: Sign Ordinance revision update and discussion. Planner Canfield gave a power point presentation summarizing what the current sign ordinance allows and disallows, which includes pictures of signs in Virginia City and Gold Hill. 1

4 Comstock Historic District Sign Regulations o o o o o o Signs and supporting structures must be or appear to be of substance that can be shown to have existing for advertising purposes. Signs are not permitted on sides or rear of buildings unless there is a direct public access from an abutting legal public right-of-way. Signs not permitted to extend from buildings or porches over streets. Signs not permitted on porch posts or other porch-supporting apparatus. Signs not permitted when installed on a building where any window, door or opening has been altered, blocked, or removed for the purpose of installing or displaying the sign. Signs above ground floor windows: One sign between floors Maximum 15 in height x length of building or 36 in height if on the face of building Rectangular shape Any number of activities 8-feet above sidewalk o Signs between ground floor windows: Any shape Cumulative are of all signs not exceeding 5 square feet per business license o o Signs on end of porches are prohibited Signs perpendicular to building, with or without porches: Maximum size 12 x width of sidewalk Minimum height 8 feet above sidewalk Secondary sign hanging from primary sign allowed, 6 maximum width, 8 feet above sidewalk One sign for every 25 feet of sidewalk o o Neon signs prohibited outside of buildings or within windows or openings visible from a public place. No more than 3 signs per business license. County-wide Sign Ordinance o No more than 4 signs per business license, no more than 8 signs permitted per building regardless of number of business licenses. Temporary signs and banners County-wide o o o o Any sign or banner displayed for a period of time not exceeding 30 consecutive or non-consecutive days in a 12 month period is considered a temporary banner. Must be professionally painted or printed. No more than 4 temporary signs or banners displayed within a 12 month period. Only 1 temporary sign displayed at one time. Prohibited signs County-wide Hanging over a public right-of-way, unless an exception has been made. Inflatable signs. 2

5 Paper signs and fliers. Bulletin boards, including blackboards and whiteboards where other signs of similar size or structure are prohibited. Emit nose, flames, steam or other matter. Employ movement including, but not limited to, pennants, flags of non-national origin, banners, streamers, balloons, disks, searchlights and lasers. Employ direct or indirect internal flashing or other illumination of such brightness that is a hazard. Obstruct, obscure or impair the safe passage of pedestrians or persons with disabilities. Placed on the roof of a building unless a special use permit is granted. Installed on a building such that any window, door or opening will be altered for the purpose of installing the sign. Placed on a wall of a building exceeding an area equal to 25% of the wall area. Placed on a wall to extend beyond the wall of the building. Lighting County-wide Sign Ordinance o Lighting is identified as an exempt sign as long as it meets the following requirements: Not placed on the public domain. Decorative displays which only outline or highlight landscaping or architectural feature of a building. Steady burning, clear/white and do not blink, flash, or exhibit intermittent changes in intensity, animation. Comply with Dark Skies ordinance, 5 watts or less for each bulb. Not used to outline a sign. Not assembled to convey a message. Meet safety standards. Maintained. What is not a Part of the Sign Ordinance o Section C (General Provisions for all zones) Discussions included: Where a commercial business is allowed, a special use permit is required for the display, sale, barter, or trade of items associated with a business outside of a permanent building, except for permitted temporary uses and farmer s markets. A business may not display items for sale or conduct any business on the public right-of-way or between the public traveled way and building. Recessed door openings and thresholds may be used to display items for sale or trade and conduct business. Flags of national origin are permitted and first amendment signs are allowed. Sign shape should be more lenient and not just be limited to rectangular. Some for and some against signs on the backs of buildings. Changeable copy signs are only for electronic. 3

6 Size isn t necessarily an issue. Anything over 128 square feet is considered a billboard. Changes shouldn t be cost prohibitive to business owners. Chairman Hindle: Asked for the definition of legal public right-away. Planner Canfield: Said that if the public is allowed to be there, then it is public access. Vice-Chairman: Asked if a painted mural on the side of a building is considered a sign. Planner Canfield: Yes. Public Comment: Jack McGuffey, Highland Resident: Asked about the 8 sign limitation regardless of how many business licenses are held. Planner Canfield: Explained that signs would need to be shared to be compliant. Public Comment: Brian Shoaf, Virginia City Business Owner: Asked for the era they re trying to comply to. Planning Director Osborne: Said that according to the Historic District, Brian Shoaf, Virginia City Business Owner: Commented on the picture of the mechanical person standing outside his business. He explained that the mechanical person is part of the advertising for the shooting gallery. He does believe that every building/store has its own personality. Rules are good, but personal expression should be allowed as long as it s historical. Planning Director Osborne: Said that the current sign ordinance is too complicated and stringent. He supports the way Kathy is going about it, which is to come up with something that is sensible and easy to administer. Chairman Hindle: Said that he understands that this is only the beginning of this discussion and that a proposal is being put together. 8. Discussion/Possible Action: Determination of next planning commission meeting. Motion: Next planning commission meeting to be held on March 15, 2018, at 6:00 P.M. at the Storey County Courthouse, District Courtroom, Virginia City, Nevada, Action: Approve, Moved by Commissioner Bucchianeri, Seconded by Commissioner Herrington, Vote: Motion carried by unanimous vote (summary: Yes=4). 9. Discussion/Possible Action: Approval of claims None 10. Correspondence (No Action) - None 11. Public Comment (No Action) Gary Mack, Highlands 40 Acre resident: Introduced himself and explained that he and several of his neighbors have received letters that they are out of compliance. He and his wife are trying to become compliant and hope they can stay on the property while they are doing so. Chairman Hindle: Asked for the violations. Gary Mack, Highlands 40-acre Resident: Explained that they live in what is being referred to as a tiny home out in the 40s and have been operating under the assumption that it s permitted. They want to be compliant, but will need more than 30 days to put in a well. Chairman Hindle: Asked if they are currently working with the building and planning departments. Gary Mack, Highlands 40-acre Resident: Yes. Reginald Brooks, Highlands 40-acre resident: Introduced himself and said that he has recently made Storey County his home. He contacted the building department about a year and a half ago but they were just beginning to put together 4

7 information for tiny homes. After some reading online, he thought they were allowed. He also received notice that he isn t compliant. He also wants to become compliant, but it will take more than 30 days to do that. Vice-Chair Herrington: Asked if he has a well and septic system. Reginald Brooks, Highlands 40-acre Resident: Answered that he is in the process of putting in a septic system but he does not have a well. He planned on hauling his water in with tanks he purchased. 12. Staff (No Action): Planner Canfield: Attended a training workshop for the 2020 Local Update of Census Addresses (LUCA) operation. Planning Director Osborne: A meeting will be scheduled between planning and community development to discuss the well situation and both Mr. Mack and Mr. Brooks will be included. The next meeting will include a zone change because there are some potential issues with definitions of adult uses and how they tie in with the commercial zone. A second traffic light is going in at USA Parkway, but it will be Washoe s responsibility as it is on their side. Trying to schedule a meeting between planning and community development to figure out what do with the well situation and Mr. Mack and Mr. Brooks will be included. The next meeting will include a zone change, there are some potential issues with the definitions of adult uses and how they tie in to the commercial zone. These are simple but important corrections. We are looking at our second traffic signal at USA Parkway that will be Washoe County s responsibility. 13. Board Comments (No Action) Chairman Hindle: Thanked everyone for attending and invited them back to the next meeting. 14. Adjournment (No Action) - The meeting was adjourned at 7:37 P.M. Respectfully Submitted, By Lyndi Renaud 5

8 STOREY COUNTY PLANNING Commission and Mark Twain Area Drainage Master Plan Town Hall Meeting Agenda Thursday April 26, :00 p.m. (ADMP presentation at 5:30 p.m.) Mark Twain Community Center 500 Sam Clemens Avenue, Mark Twain, NV MEETING MINUTES CHAIRMAN: Jim Hindle VICE-CHAIRMAN: John Herrington COMMISSIONERS: Virgil Bucchianeri, Larry Prater, Kris Thompson, Laura Kekule, Summer Pellett 1. Call to Order: The meeting was called to order by the Chairman at 6:00 P.M. 2. Roll Call: Jim Hindle, Summer Pellett, John Herrington, Larry Prater, Laura Kekule. Absent: Virgil Bucchianeri, Kris Thompson. Also Present: Planning Director Austin Osborne, Planner Kathy Canfield, Deputy D.A. Keith Loomis, and County Commissioner Marshall McBride. 3. Pledge of Allegiance: The Chairman led those present in the Pledge of Allegiance. 4. Discussion/Possible Action: Approval of Agenda for April 26, Motion: Approve agenda for April 26, 2018, Action: Approve, Moved by Commissioner Prater, Seconded by Commissioner Kekule, Vote: Motion carried by unanimous vote (summary: Yes=5). 5. Discussion/Possible Action: Approval of Minutes for February 15, Motion: Continue Approval of Minutes for February 15, 2018 until next meeting due to lack of quorum to approve, Action: Approve, Moved by Commissioner Herrington, Seconded by Commissioner Pellett, Vote: Motion carried by vote (summary: Yes=5). 6. Mark Twain ADMP (Area Drainage Master Plan) Town Hall (Set up begins at 5:30). Mike Kellogg with J.E. Fuller explained the Dayton Area Drainage Master Plan study to the meeting attendees. This is the first meeting with the public and is intended to introduce the project, hear resident s experiences, and get input on where problems frequently occur. This is a planning level study of flooding hazards within a watershed. The goal of this study is 1

9 to develop a comprehensive understanding of the drainage existing conditions, and develop alternative mitigation solutions. Project funding comes from a FEMA grant, Lyon and Storey counties. He explained how active alluvial fans, distributary flooding and sedimentation work. The study will include concerns, comments, and past flood experiences from residents in the area of Mark Twain and the Dayton Valley. He encouraged residents to document past flood experiences for the study. Maps were presented to help identify problem areas. Data collection will include geological mapping, county data (general plans, drainage, reports, land use, photos, mapping, etc.), Historical aerial photography, soils mapping, alluvial fan study and rainfall and streamflow records. LiDAR (light detection and Ranging) is an element of the study, as well as an existing drainage infrastructure survey (culverts and bridges). The public discussed drainage problems in the area and looked at maps that Mr. Kellogg displayed. They were encouraged to highlight drainage problem areas on the maps. The second public meeting will occur in late spring of 2018 and will included project results, and mitigation alternatives. Alternatives formulation will included mitigation for the 25 year storm, mitigation for the 100 year storm, mitigation for sediment, development guidelines, and conceptual plan designs. 7. Discussion/No Possible Action: Proposed amendments to the Storey County sign ordinance, Storey County Code Title 17 Zoning, including Chapter Signs and Billboards. Additional information including, but not limited to, draft text may be obtained from the Planning Department at or planning@storeycounty.org, or viewed online at In addition to the provisions of the NRS, any person may complete and return to the Board or Planning Commission a statement supporting or opposing the proposed amendments to the county code and/or zoning ordinance. Planner Canfield: Draft revision of the most recent update is now posted on the website. After the last presentation some slight revisions were made, but overall the revision is complete. Asked the commissioners to please review the draft and comment as soon as possible. Action for this item will be on the May 10 th planning commission agenda. The goal of this revision is to simplify the ordinance for business owners, and make it easier to comply with. Commissioner Pellett: Commented regarding the revision to the ordinance requiring a special use permit for a political sign larger than what is allowed. Because there is a fee associated with a special use permit, does this violate 1 st amendment rights? Revision to which Commissioner Pellett is referring: 1. Signs and posters shall not be displayed prior to the close of business of the last day of election filing. 2. Signs and posters may not be placed on private property without the private property owner s permission. 3. Unsuccessful primary candidates must remove, or cause to be removed, their signs or posters no later than 10 days after the primary election. 4. All political signs and posters shall be removed no later than 10 days after the general election. 5. Political signs may not be affixed or placed on the public domain. The public domain placement restriction does not apply to political signs placed on the county-owned property located at the north and south intersections of B and C Streets in Virginia City as shown in Appendices A and B. 6. Signs shall not exceed 6 square feet in area for the R zoning districts and 32 square feet in all other zones. A Special Use Permit is required for any signs larger than these identified sizes. 7. The sign owner is responsible for knowing the location of the abutting state right-of-way and for complying with state and federal regulations. 8. The county is not responsible for state right-of-way non-compliance or penalties imposed against the sign owner for violation of those regulations. 9. Political signs and posters located near property lines and intersecting driveways and public right-of-ways are allowed outside of the vision clearance triangle as demonstrated in Figure 8.3 of this chapter. Any sign located within the vision clearance triangle must have a base that is higher than 8 feet above street/grade level or a total height not exceeding 2 feet above street/grade level. In instances where a safety or traffic hazard is identified with regard to these requirements, additional or more restrictive conditions may be imposed. Otherwise, setback requirements apply as follows: a. C, CR, E, and R zones - 7 foot clearance setback; b. All other zones 25 foot clearance setback. 2

10 Deputy D.A. Keith Loomis: Will look into this regarding potential First Amendment conflicts. Discussion on size allowance of political signs and public areas where they can be located. Additional discussion on potential revisions of the ordinance regarding signs. Action on revisions to the sign ordinance will be on next meeting agenda. Andrew Stroud, VC resident: Asked if there is a provision for allowing a large historic sign like St. Mary s to be located either offsite or onsite. Planner Canfield: Special circumstances can potentially be addressed with a special use permit. 8. Discussion/Possible Action: Determination of next planning commission meeting. Planning Director Osborne: USGS will be presenting an update the Highlands water monitoring project at the next meeting. Motion: Next planning commission meeting to be held on May 10, 2018, at 6:00 P.M. at the Virginia City Highlands Fire Station, 2610 Cartwright Road, Virginia City Highlands, Nevada, Action: Approve, Moved by Commissioner Kekule, Seconded by Commissioner Pellett, Vote: Motion carried by unanimous vote (summary: Yes=5). 9. Discussion/Possible Action: Approval of claims None 10. Correspondence (No Action) - None 11. Public Comment (No Action) None 12. Staff (No Action): Deputy D.A. Loomis: Sutro Springs Road which runs behind Mark Twain to the north through several private properties has been designated as a RS 2477 road which means that it is a public road. This has been in litigation to determine whether or not this is a public or private road. The process of determination to designate the road as public included testimony from longtime residents stating that the road has been there and utilized by the public for many years. Several maps dating back to around 1876 have also documented this road. Planning Director Osborne: AT & T has confirmed that they will be leasing the monopine tower in the Highlands and will be locating antennas there within the next few months. AT & T will also be erecting a cell tower in Virginia City. It will look like a water tower that you would see in the 1900s. A special use permit will be requested because the height will be over 45 feet. The county is still working with lobbyists on the Lands Bill and the Zip Code Bill 13. Board Comments (No Action) Commissioner Kekule: On May 28 th we are having a second anniversary event for our Veterans Memorial which is a living memorial. A gazebo is planned to be built where people can sit and reflect. 14. Adjournment (No Action) - The meeting was adjourned at 7:15 P.M. Respectfully Submitted, By Lyndi Renaud 3

11 Storey County Planning Commission Staff Report CASE NO.: APPLICANT: PROPERTY OWNER: PROPERTY LOCATION: REQUEST: MEETING LOCATION: Mark Menezes Herman and Mark Menezes 700 and 800 Menezes Way, Lockwood, Storey County Nevada The applicant requests a special use permit for the purpose of construction or placement of uses allowable in the F Forestry zone including a site-built or manufactured single-family residence, agriculture and horticulture uses incidental to the principal domestic use, general agricultural uses and structures, continued use and maintenance of an existing solar energy generating facility, and other accessory improvements related thereto on property located at 700 and 800 Menezes Way (APN ), Lockwood, Storey County, Nevada. Storey County Courthouse 26 South B Street, Virginia City, Nevada MEETING TIME & DATE: Planning Commission: 6:00 p.m., Thursday, June 21, County Commission: 10:00 a.m., Tuesday, July 3, STAFF CONTACT: Austin Osborne, Planning Director 1 of 13

12 Staff Report Storey County Planning Department Menezes SFR/Solar I. BACKGROUND & ANALYSIS 1.1 Site characteristics The subject property is approximately 187 acres and is located in the F Forestry zone. The land is situated upon an isolated bluff approximately three miles west of Canyon Way in Lockwood. Existing improvements include a solar energy generating facility encompassing approximately 2.5 acres in area, mass grading, and an access road. 1.2 Proposed use The applicant proposes to construct a site-built or manufactured single-family residence, agriculture and horticulture uses incidental to the principal domestic use, general agricultural uses and structures, continued use and maintenance of an existing solar energy generating facility, and other accessory improvements related thereto on the subject property. The solar energy system on the property is not proposed to be used for commercial energy production; however, the special use permit, as proposed, will allow it to be used for domestic and commercial energy production. If the solar energy facility expands in area, an amendment to this special use permit or a new special use permit exclusive to the solar expansion will be required. 1.3 Abutting uses The property is almost entirely surrounded by vacant F Forestry zoned land. Situated toward the northeast corner of the subject property are several parcels containing a mixture of commercial, industrial, and residential zones and uses, each of which are owned by the applicant and/or his immediate family. 1.4 Area Impacts The proposed use will be located in a remote area which is further isolated by the immediate surrounding topography. There are no uses, zoning allowances, or master plan provisions in the area with which the use may become in conflict. The future potential for the surrounding land includes additional heavy industrial uses to those already existing to the north, and other uses listed in the F Forestry zone on the remaining sides. The solar energy system on the subject property may be used for domestic and commercial energy production purposes. However, if the solar energy system expands in lateral area, an amendment to this special use permit is required in order to address safety, vehicular access, and other impacts that may be potentially caused by a large solar energy generation system. 2 of 13

13 Staff Report Storey County Planning Department Menezes SFR/Solar Figure 1.1: Subject property and vicinity. The image demonstrates the remoteness of the area subject to proposed development and its relation to existing uses located near the northeast corner of the property. The residence subject to the requsted special use permit will be connected into the exisitng solar energy generating facility shown in the image. 3 of 13

14 Staff Report Storey County Planning Department Menezes SFR/Solar II. USE COMPATIBILITY AND COMPLIANCE 2.1 Subject land and surrounding master plan and zoning designations The following table shows uses, zoning classifications, and master plan designations for the land at and surrounding the proposal. APPLICANT S LAND LAND TO NORTH LAND USE LAND TO SOUTH Vacant Mostly vacant, and including a solar energy facility Vacant (north) Industrial, manufacturing, and processing (northeast corner) AREA DESCRIPTION MASTER PLAN DESIGNATION ZONING Lockwood-Mustang Area, Resource Lockwood-Mustang Area, Resource (north) and Industrial (northeast corner) Lagomarsino Area, Resource (south) and Industrial (southeast corner) LAND TO EAST Vacant Lockwood-Mustang Area, Resource LAND TO WEST Vacant Lockwood-Mustang Area, Resource F Forestry F Forestry (north) I2 Heavy Industrial (northeast corner) F Forestry (south) I2 Heavy Industrial (southeast corner) F Forestry F Forestry 2.3 Conformance with the 2016 Storey County Master Plan The subject property is located within the Lockwood-Mustang planning area in the 2016 Storey County Master Plan. Lockwood is described as the principal population center at the north end of the county, at which approximately one-third of county s residents live. The area is described as an emerging mixed-use community of single-family residential uses intermixed with commercial and industrial uses and zones. This mixed-use pattern is expected and encouraged to continue into the foreseeable future; however, county leaders are encouraged to consider potential use compatibility and conflicts between residential and non-residential uses. The subject property is designated in the master plan as Resource. The south border of the subject property abuts the Lagomarsino planning area, and that abutting land is similarly designated as Resource. Conforming land use zoning and uses in the Resource designation include forest and rangeland, irrigated agriculture, natural resources, and recreation. Forest and rangeland are most appropriately zoned F Forestry, a zone which is intended to protect areas in the county having important environmental and resource qualities from unnecessary degradation, and to provide areas of very low density (i.e., 40-acre minimum) single-family residential and other compatible uses. Uses allowable within the F Forestry zone include rural residential; mining and processing; renewable energy generation; recreation; and certain agricultural uses. The master plan states that all uses are to require oversight and special approval by the board with action by the planning commission, and the F Forestry zone conforms to this guiding principle. 4 of 13

15 Staff Report Storey County Planning Department Menezes SFR/Solar Conformance with zoning The subject property is zoned F Forestry. Storey County Code F Forestry zone requires a special use permit for all uses listed in the zone. One single-family detached dwelling of permanent character and location, general agricultural uses and structures, agricultural uses incidental to the principal domestic use (i.e., to the single-family residence), and energy production including solar, are uses allowed in this zone with a special use permit. The south abutting parcel, located in the Lagomarsino master plan area and designated Resource, is also zoned F Forestry. The approval, approval with conditions, or denial of the special use permit request must be based on findings of fact that the proposed use is appropriate or inappropriate in the location. The findings of fact listed in Section III below are the findings recommended to be included in an approval or denial of the requested special use permit. There are no evident conflicts between the proposal and the county master plan and zoning. The proposed use is consistent with the surrounding rural undeveloped land that allows for very low density residential uses, and industrial developed land allowing light and heavy manufacturing, energy production, and distribution. Subject Property Figure 2.1: Master Plan Designation Map for Lockwood-Mustang Area Plan. 5 of 13

16 Staff Report Storey County Planning Department Menezes SFR/Solar Subject Property Figure 2.2: Master Plan Designation Map for Lagomarsino Area Plan. The subject porperty, located witin the Lockwood-Mustang area plan abuts to its south the Lagomarsino area plan. III. FINDINGS OF FACT 3.1 Motion for approval The following findings of fact are evident with regard to the requested special use permit when the recommended conditions of approval in Section IV Recommended Conditions of Approval, are applied. 1. This special use permit is granted for the purpose construction or placement of uses allowable in the F Forestry zone including a site-built or manufactured single-family residence, agriculture and horticulture uses incidental to the principal domestic use, general agricultural uses and structures, continued use and maintenance of an existing solar energy generating facility, and other accessory improvements related thereto on property located at 700 and 800 Menezes Way (APN ), Lockwood, Storey County, Nevada. 6 of 13

17 Staff Report Storey County Planning Department Menezes SFR/Solar The solar energy system on the subject property may be used for domestic and commercial energy production purposes. However, if the solar energy system expands in area (beyond 10 acres), an amendment to this special use permit or a new special use permit exclusive to that expansion will be required. Should such occur in the future, a conditional approval or denial of that exclusive special use permit or expansion for the solar use shall not affect the remaining uses on the property under this special use permit (Special Use Permit No ). 3. The existing solar energy generating system was permitted by the county and constructed without a required special use permit, and, therefore, is a non-conforming use. The use, however, conforms to the purpose and allowed uses in the F Forestry zone, and the special use permit hereby requested will resolve and nullify the nonconforming condition. 4. The proposed uses conform to Lockwood-Mustang planning area and do not conflict with the south abutting Lagomarsino planning area of the 2016 Storey County master plan, and the uses conform to the master plan Resource designation. 5. The subject property is zoned F Forestry. This zone provides for a wide-range of uses, and each use requires a special use permit to ensure that the subject land remains rural in character and that environmental qualities of the land are protected from unnecessary degradation. The proposals conform to the F Forestry zoning designation. 6. The subject property is located in a remote area of the county and the proposed use is further isolated by the property s immediate physical topography. 7. The special use permit will not impose substantial adverse impacts or safety hazards on the abutting properties or the surrounding area, and the zones and uses existing therein, and it will comply with all federal, state, and county regulations. 3.2 Motion for denial. Should a motion be made to deny the special use permit request, the following findings with explanation why should be included in that motion. 1. The proposed residence, agriculture and horticulture uses incidental to the principal domestic use, general agricultural uses and structures, continued use and maintenance of an existing solar energy generating facility, and other accessory improvements related thereto conflict with the master plan designation or zoning of the subject property or abutting properties. 2. The special use permit will impose substantial adverse impacts or safety hazards on the abutting properties or the surrounding area, and the zones and uses existing therein, and it will not comply with all federal, state, and county regulations. 3. The conditions of the special use permit do not adequately mitigate potential adverse impacts or safety hazards on surrounding uses. 7 of 13

18 Staff Report Storey County Planning Department Menezes SFR/Solar IV. RECOMMENDED CONDITIONS OF APPROVAL All conditions must be met to the satisfaction of each applicable county department, unless otherwise stated. 1. Purpose. This special use permit is granted for the purpose construction or placement of uses allowable in the F Forestry zone including a site-built or manufactured single-family residence, agriculture and horticulture uses incidental to the principal domestic use, general agricultural uses and structures, continued use and maintenance of an existing solar energy generating facility, and other accessory improvements related thereto on property located at 700 and 800 Menezes Way (APN ), Lockwood, Storey County, Nevada. The solar energy system on the subject property may be used for domestic and commercial energy production purposes. However, if the solar energy system expands in area (beyond 10 acres), an amendment to this special use permit or a new special use permit exclusive to that expansion will be required. A conditional approval or denial of that exclusive special use permit or expansion for the solar use shall not affect the remaining uses on the property under Special Use Permit No Permits and expiration. The permit holder must apply for all building and fire permits for the structure within 24 months from the date of board approval, and continuously maintain the validity of those permits, as appropriate, or this approval will become null and void. The permit holder is also responsible for obtaining a certificate of occupancy or certificate of completion for the existing solar energy generating facility within the timeframe specified herein. 3. Transfer of Rights. This special use permit shall inure to the record owner of the subject property and shall run with the land defined herein. This special use permit, subject to its terms and conditions, may be transferred by the permit holder, its successors, heirs or assigns. The record owner may rent or lease the land; however, in such case the record owner is ultimately responsible for compliance with the special use permit regulations. 4. Record of survey. The permit holder must submit to the building department a Record of Survey with the building permit application. The map must show existing parcel boundaries, easements, and right-of-ways. No building may be constructed over an easement or right-of-way, or within a building setback area. 5. Legal Access. The permit holder must establish legal access to the subject property via easement or other legal means before placement of the residence may occur. The access must be recorded with the Storey County Recorder s Office as required by NRS. 6. Physical Access. The permit holder must document the proposed access to the parcels. Access must be consistent with county and fire district requirements. Evidence of any proposed access easements across private property will be provided and the easements recorded prior to any permits being issued. 7. Taxes paid. Before obtaining a building permit, the applicant must show the building department evidence that all property taxes on the land are paid to-date. 8. Well and Septic Improvements. The property must be developed with a domestic well and septic system adequate in capacity to meet the minimum requirements for a singlefamily residence. 8 of 13

19 Staff Report Storey County Planning Department Menezes SFR/Solar Road and driveway improvement. The private driveway must be adequately compacted or surfaced to provide access for fire and emergency vehicles and equipment. The surface must be completed to the satisfaction of the building department and fire district. 10. Stormwater management. Any increased stormwater from development of the land must be detained on-site or directed appropriately to the abutting public right-of-ways and not allowed to enter abutting private properties. Stormwater drainage onto the rightof-way must be to the satisfaction of the Public Works Director. 11. Compliance. The permit holder is responsible for maintaining the premises in conformance with all conditions of this special use permit and all other federal, state, and county regulations. V. POWER OF THE BOARD & PLANNING COMMISSION At the conclusion of the hearing, the planning commission must take such action thereon as it deems warranted under the circumstances and announce and record its action by formal resolution, and such resolution must recite the findings of the planning commission upon which it bases its decision. The decision of the planning commission in the matter of granting the special use permit is advisory only to the Board of County Commissioners and that governing body must consider the report and recommendation and must make such a decision thereon as it deems warranted. VI. PROPOSED MOTIONS This section contains two motions from which to choose. The motion for approval is recommended by staff in accordance with the findings under section 3.1 of this report. Those findings should be made part of that motion. A motion for denial may be made and that motion should cite one or more of the findings shown in section 3.2. Other findings of fact determined appropriate by the planning commission should be made part of either motion. A. Recommended motion In accordance with the recommendation by staff, the findings of fact under section 3.1 of this report and/or other findings deemed appropriate by the planning commission, and compliance with all conditions of approval, I (planning commissioner) hereby motion to approve Special Use Permit No for the construction or placement of uses allowable in the F Forestry zone including a site-built or manufactured singlefamily residence, agriculture and horticulture uses incidental to the principal domestic use, general agricultural uses and structures, continued use and maintenance of an existing solar energy generating facility, and other accessory improvements related thereto on property located at 700 and 800 Menezes Way (APN ), Lockwood, Storey County, Nevada. The solar energy system on the subject property may be used for domestic and commercial energy production purposes. However, if the solar energy system expands in area (beyond 10 acres), an amendment to this special use permit or a new special use permit exclusive to that expansion will be required. A conditional approval or denial of that exclusive special use permit or expansion for the solar use shall not affect the remaining uses on the property under Special Use Permit No of 13

20 Staff Report Storey County Planning Department Menezes SFR/Solar B. Alternative motion Against the recommendation by staff, in accordance with the findings of fact under section 3.2 of this report and/or other findings deemed appropriate by the planning commission, I (planning commissioner) hereby motion to deny Special Use Permit No for the construction or placement of uses allowable in the F Forestry zone including a site-built or manufactured single-family residence, agriculture and horticulture uses incidental to the principal domestic use, general agricultural uses and structures, continued use and maintenance of an existing solar energy generating facility, and other accessory improvements related thereto on property located at 700 and 800 Menezes Way (APN ), Lockwood, Storey County, Nevada. Prepared by Austin Osborne, Planning Director Enclosures: Exhibit A Assessor s Vicinity Map/Record of Survey Exhibit B Zoom Assessor s Vicinity Map/Record of Survey Exhibit C Application No Exhibit D Document and Document includes access easement 10 of 13

21 Staff Report Storey County Planning Department Menezes SFR/Solar Exhibit A: Assessor s Vicinity Map (Record of Survey) 11 of 13

22 Exhibit B: Zoom - Assessor s Vicinity Map (Record of Survey) 12 of 13

23 Staff Report Storey County Planning Department Menezes SFR/Solar Exhibit C: Application No of 13

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