NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING APRIL 15, 2015

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1 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING APRIL 15, 2015 Staff Report Agenda Item No. 10 CASE DESCRIPTION(S): For possible action CU : Public hearing, discussion, deliberation and possible action on a request for a Conditional Use Permit (CUP) to allow a Bumper Boat Pond Recreational Facility on property zoned General Commercial (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (SO) LOCATION: Located at 2220 E. Nevada West Blvd. APN NUMBER(S): AP# LEGAL DESCRIPTION(S): Nevada West Commercial Center Unit 1, Lot 1, Township 20 South, Range 53 East, Section 24 PROPERTY OWNER(S): APPLICANT(S): AGENT(S): Ronald D. Taylor Trust Property Owner Daniel and Tynia Dickson Applicants Tynia Dickson STAFF CONTACT: Steve P. Osborne, AICP, Principal Planner (775) PROJECT SYNOPSIS: The applicant is requesting a Conditional Use Permit to allow a Bumper Boat Pond Recreational Facility. The bumper boat pond would be fifty (50) feet in diameter, and four (4) feet in height, with a water depth of approximately three (3) feet. There would be five (5) gasoline powered bumper boats available. The pond would be enclosed with a six foot chain-link fence. Conclusions Upon review of the application, Staff finds sufficient justification to recommend approval. The requested Conditional Use Permit is allowed per NCC , the use would be in accordance with the Master Plan and Zoning Ordinance, and would not pose a safety hazard or be detrimental to other persons or property. STAFF RECOMMENDATION(S): Move to APPROVE CU , based upon the Findings as shown on page two (2) and subject to the conditions as listed (or move to DENY CU , based upon alternate findings as established by the Pahrump Regional Planning Commission).

2 Pahrump Regional Planning Commission Staff Report; CU April 15, 2015 Page 2 of 6 Findings for CU as required under NCC L of the Nye County Code: 1. The conditional use is harmonious with and is in accordance with the general objectives or with any specific objectives of the currently adopted Master Plan, the Zoning Reference Map and this Title. The property is zoned General Commercial. The GC zone allows Public and private recreational areas and facilities such as country clubs and swimming pools with a Conditional Use Permit. The property is master planned as Community Development Area (CDA). 2. The conditional use appears to 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. Based on the information available it appears the use will be harmonious and appropriate in appearance with the existing and intended commercial character of the general vicinity. 3. The conditional use is not anticipated to be hazardous or disturbing to existing or future neighboring uses. It is not anticipated that the proposed use would have detrimental impacts on surrounding land uses. Adequate paved parking and vehicular circulation areas exist on the site. 4. The conditional use may be viewed as a substantial improvement to property in the immediate vicinity and to the community as a whole. The proposed commercial business could be viewed as an improvement to the vicinity and 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); the parties involved in establishing the proposed use will need to provide any such service. The subject property is currently serviced by central water and sewer (UICN). Access to the property is via a combination of County roads and State Highway. There are fire hydrants within close proximity to the property. 6. The conditional use will not potentially 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 use is not anticipated to create excessive 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 during its day-to-day operations. 7. The conditional use is not anticipated to 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 requested use is not expected to be detrimental due to excessive production of traffic, noise, smoke, fumes, glares or odors. 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 General Commercial CDA Community Office building Development Area NORTH General Commercial CDA Commercial strip mall SOUTH General Commercial CDA Vacant EAST General Commercial CDA Highway 160 WEST General Commercial CDA Mobile Home - Residence

3 Pahrump Regional Planning Commission Staff Report; CU April 15, 2015 Page 3 of 6 DISCUSSION Background: The subject parcel was originally platted as part of the NV West Commercial Center subdivision. The subject property was developed with a 3,069 square foot commercial shopping center building in The subject property was rezoned from Highway Frontage (HF) to General Commercial with the Comprehensive Rezoning, approved by the Board of County Commissioners at their June 22, 2007 meeting. Applicant has requested an administrative exception from NCC (Conceptual Site Development Plan Requirements) which has been granted by the Planning Director for the following reasons: Sufficient information is contained within the submitted conceptual site plan and application to allow the RPC to make a rational informed decision. No further history follows. Area Characteristics: The subject property consists of one (1) parcel, approximately 0.89 acres net that is bordered to the south by Nevada West Boulevard. Access to the site is from both Highway 160 and Nevada West Boulevard. 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 all General Commercial zoned lots. The subject property is located in the flood zone X (unshaded), which corresponds to areas outside the 100-year flood hazard area 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 no correspondence in opposition or in favor of the application at the time of the staff report. Nye County Public Works comments: Public Works does not support any exemptions from the site development plan and approval process. This development will be held to the same development standards required of all other commercial developments within the PRPD. The conceptual plan does not meet Nye County Code for Conceptual Site Development Plan requirements. Property dimensions are not labeled, existing structures and generic uses are not shown, drainage paths are not shown as well as the directional arrows for traffic flow. 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 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 allow a recreational area/facility, specifically a bumper boat pond amusement ride. Applicant proposes to lease an office in the commercial building located on the site, which would contain a restroom. Applicant is proposing to use water to fill the pond from a nearby fire hydrant utilizing a temporary meter authorized by UICN. Zoning: The subject property is currently zoned General Commercial (GC). The GC zone allows Public and private recreational areas and facilities such as country clubs and swimming pools with a Conditional Use Permit. 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:

4 Pahrump Regional Planning Commission Staff Report; CU April 15, 2015 Page 4 of 6 Agricultural products salesroom or shop. Amusement parks. Body art. Check cashing, payday loans or similar uses. Collection agency. Commercial parking lot. Convalescent or nursing home. Fireworks sales. Flea markets/swap meets. Fuel dispensing facility. Gaming establishments. Golf courses, except miniature golf. Hospital sanatorium. Hotel/motel/resort. Kennel, commercial. Live/work units providing services listed as permissive or conditional within this zoning district. Multi-family residence. Off premises sign (subject to article VI of this chapter). Outdoor sales display areas, with the exception of new and used automobile sales, lumberyards, garden centers, and other commercial displays that are commonly displayed in an outdoor setting on a permanent basis. Pawnshops. Private school. Public and private recreational areas and facilities such as country clubs and swimming pools. Public school/institute. Rail/motor freight terminal or bus storage. Recreational vehicle park, subject to article VI of this chapter. Retail sales with fifty percent (50%) outdoor display.

5 Pahrump Regional Planning Commission Staff Report; CU April 15, 2015 Page 5 of 6 Showroom (building supplies, etc.). Storage yards for construction equipment, including incidental vehicle repair. Veterinary facility (large animal). Requested Conditional Use: The requested Conditional Use application is to allow a recreational area/facility, specifically a bumper boat pond amusement ride, with a pond fifty (50) feet in diameter, and four (4) feet in height, with a water depth of approximately three (3) feet and an attached deck. There would be five (5) gasoline powered bumper boats available. The pond would be enclosed with a six foot chain-link fence. The subject parcel contains twenty-seven (27) paved parking spaces. The area proposed to be used for the bumper boat pond would be the corner located nearest to the intersection of Highway 160 and Nevada West Boulevard (see Conceptual Site Plan). In staff s opinion, the current application resolves the major issues of the previously proposed location which was denied on August 18, One of the main issues with the prior application was that the subject property was a small (1/4 acre) undeveloped vacant lot with a chain link fence, with no on-site paved or hard-surfaced areas for the parking of vehicles, and no landscaping existed. The applicant previously was not proposing to install a paved parking area or landscaping, or other improvements, except for the pond and deck. The current proposal is on a larger lot (almost 1 acre) with an existing commercial building, landscaping, and on-site paved parking and drive aisles. The previous application lacked adequate on-site paved parking, access and vehicle circulation areas. Access was only from the Frontage Road. The current proposal has on-site paved parking and vehicle circulation areas with two points of access - Highway 160 and Nevada West Blvd. Parking and vehicle circulation is much improved from the previous application. The previous application proposed use of a temporary portable toilet, or accessing the restroom at the restaurant on the adjacent parcel. The current proposal would utilize an office with a restroom in the existing commercial building on site. CONCLUSIONS Upon review of the application, Staff finds sufficient justification to recommend approval. The following CONDITIONS FOR APPROVAL have been suggested should the Regional Planning Commission recommend approval and these are subject to the discretion of the Regional Planning Commission: Conditional Use Permit Special Conditions of Approval 1. Applicant/Property Owner must comply with all Federal, State and County Regulations. 2. Failure to comply with any of the conditions of the approved Conditional Use Permit shall be deemed just cause for revocation. 3. If the use has not commenced within one year from the date of approval the Conditional Use Permit shall expire. 4. Approval of this Conditional Use Permit is not transferrable to subsequent property owners or tenants. 5. Any encroachment into a road easement must conform to NCC and a permit must be obtained from Public Works. 6. Applicant shall obtain a building permit and inspections through Pahrump Building & Safety prior to commencing the use.

6 Pahrump Regional Planning Commission Staff Report; CU April 15, 2015 Page 6 of 6 7. Nye County Planning, Public Works and Pahrump Valley Fire-Rescue Services reserve the right to provide further comment should any new development or expansion of the structure be proposed at a future date. 8. Applicant shall obtain a Business License through the Town of Pahrump, which may include Pahrump Valley Fire- Rescue Services inspection as deemed necessary by PVFRS. 9. Applicant must obtain approval from UICN prior to filling or disposing of water from the pond.

7 Loop Rd Taylor Family Trust-- Owner / Daniel & Tynia Dickson -- Applicants PRPC Hearing April CU Commercial Dr SUBJECT PROPERTY Nevada Rt 160 Nevada West Bv Joe Pye St Ë Industrial Rd Exhibit "A" -- Area Zoning Subject Property Notified Properties 700 Foot Buffer GC; General Commercial MF; Multi Family Residential UNDEFINED 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 Taylor Family Trust-- Owner / Daniel & Tynia Dickson -- Applicants PRPC Hearing April CU Commercial Dr Loop Rd SUBJECT PROPERTY da va Ne Rt 0 16 Nevada West Bv Ë Industrial Rd ye ep Jo St Exhibit "C" -- Aerial Perspective Subject Property Notified Properties 700 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.

9 Taylor Family Trust-- Owner / Daniel & Tynia Dickson -- Applicants PRPC Hearing April CU SUBJECT PROPERTY Nevada Rt 160 Nevada West Bv 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.

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