STAFF REPORT #17-4000-0005 CONDITIONAL USE PLANNING COMMISSION MEETING DATE: July 20, 2017 1. APPLICATION: An application submitted by Stephanie Moye requesting a conditional use permit to allow for a preschool (Caring 4 Cubs Preschool) as a conditional use within Elko County Code 4-3-3 (B) 1. 2. LOCATION: Spring Creek Tract 102, Block 12, Lot 22 as shown on that parcel map with File No. 60405 as filed in the Office of the Elko County Recorder. Physical address is 321 Spring Creek Parkway, Spring Creek, NV. 3. BACKGROUND INFORMATION: Assessor s Parcel No. 052-012-022 Owner(s) of Record: Sanchez, Adrian F. ET AL Current Zoning: R2 Previous Applications on Property: None Size of Property: 0.56 Acre Access: Spring Creek Parkway Master Plan: Spring Creek Lamoille Master Plan, Plan Area 3 Comments: Attached or Incorporated as Received Page 1 of 10
4. PROJECT IMPACTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: Yes, 0.56 Acre. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: APN 052-012-022 is served by Spring Creek Parkway, a paved major collector approximately 40 feet in travelled width. C. THE AEFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: 1) The proposed use will be located between 4-plex apartments to the west and east. 2) The proposed is located on a major collector (Spring Creek Parkway) with a 35 MPH speed restriction. A) A reduction in speed and proper signage is needed per the Manual on Uniform Traffic Control Devices (MUTCD). B) Applicant/Developer will be responsible for acquisition and posting of school zone and school zone speed signs near Parkchester Drive and Country Club Parkway. C) Applicant/Developer shall contact the supervisor of Elko County Roads for assistance with sign placement and traffic control methods required by the MUTCD. 3) APN 052-012-022 Is serviced for water and sewer by Great Basin Water Co. 4) Parking shall be provided at 1 space for each 200 sq. ft. of building floor space utilized. Additional parking/storage to accommodate the maximum number of student deliveries and staff will be required. Applicant will be required to provide an ingress / egress and parking plan to staff that will accommodate the maximum number of dropoffs and pickups at any one time. 5) At no time shall parking for the school be allowed upon the public street. If parking is found to be inadequate for the school by observation of traffic storage or traffic back-ups within the right-of-way, additional parking area will be required. 6) The proposed preschool will be licensed by the State of NV. Page 2 of 10
7) Applicant/Developer will comply with all Federal, Nevada Revised Statutes and Codes, Elko County Codes and the Uniform Building Codes as related to this project. 5. CONSISTENCY WITH EXISTING ZONING: A. COMPATIBILITY OF PROPOSED CONDITIONAL USE WITH EXISTING ZONING AND DEVELOPED USAGE IN THE AREA: 1) The proposed is a listed conditional use within Elko County Code 4-3-3 (B) 1. 2) There is an existing school site located on parcels 052-012-027, 052-012-028, 052-012-029 and 052-012-030, which lies approximately 400 to the West on Spring Creek Parkway. 3) The Khoury s grocery store and other businesses are located on the Southeast corner of the Spring Creek Parkway/Country Club Parkway. (next page) Page 3 of 10
B. CONFORMS TO THE EXISTING MASTER PLAN OF THE AREA: Conforms to the Spring Creek Lamoille Master Plan, Plan Area 3. 6. STAFF COMMENTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY: Yes, 0.56 Acre. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: APN 052-012-022 is served by Spring Creek Parkway, a paved major collector approximately 40 feet in travelled width. C. THE AFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: Health safety and welfare issues can be mitigated. D. CONSISTENCY WITH EXISTING ZONING AND USES: Like use is located to the west of the proposed. E. Prior to the completion of this report comments may or may not have been received from the following agencies listed below. Those received will be incorporated or attached to this report. Elko County Sheriff s Office Elko County Building & Safety Elko County Public Works Page 4 of 10
Elko County Highway Department Elko County Manager Office Elko County Fire District Nevada Department of Transportation Great Basin Water Co. Frontier Communications NV Energy Elko County School District NV Division of State Health Spring Creek Association F. In accordance with NRS Chapter 278 the 30 closest property owners were notified at least 10 days prior to this public hearing. 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings, staff recommends Approval with the following conditions and restrictions. A. Conditional Use is subject to restrictions and conditions as outlined in Elko County Code 4-9-6. B) Applicant/Developer will be responsible for acquisition and posting of school zone and school zone speed signs near Parkchester Drive and Country Club Parkway. C) Applicant/Developer shall contact the supervisor of Elko County Roads for assistance with sign placement and traffic control methods required by the MUTCD. Page 5 of 10
D) APN 052-012-022 Is serviced for water and sewer by Great Basin Water Co. E) The proposed preschool will be licensed by the State of NV. F) Parking shall be provided at 1 space for each 200 sq. ft. of building floor space utilized. Additional parking/storage to accommodate the maximum number of student deliveries and staff will be required. Applicant will be required to provide an ingress / egress and parking plan to staff that will accommodate the maximum number of dropoffs and pickups at any one time. G) At no time shall parking for the school be allowed upon the public street. If parking is found to be inadequate for the school by observation of traffic storage or traffic back-ups within the right-of-way, additional parking area will be required. H) Applicant/Developer will comply with all Federal, Nevada Revised Statutes and Codes, Elko County Codes and the Uniform Building Codes as related to this project. Basis for recommendation: Note: The recommendations of this report are based on the fact that prior to the completion of this report staff had not received any negative or adverse comments to the proposed. Should testimony from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may withdraw its recommendations. John W. Kingwell Supervisor, Elko County Planning and Zoning Division 4-9-6: CONDITIONAL USES: Certain uses, referred to in this Title as conditional uses, are declared to possess characteristics which require special appraisal by the Planning Commission in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. (A) Procedure: Any use of property which is listed as or specified in this Title to be a conditional use shall be approved or disapproved as to zoning only upon filing an application in proper form and in accordance with the procedure hereinafter set forth. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1996-D, 3-6- 1996, eff. 4-1-1996) (B) Submission Of Application: Each property owner requesting a conditional use must file a completed application upon forms supplied and approved by Elko County for a conditional use permit and a filing fee payment in full, as set by resolution approved by the Elko County board of commissioners, with the Page 6 of 10
division of planning and zoning at least thirty (30) days prior to the planning commission meeting at which the applicant is scheduled to be heard. (Ord. 2015-03, 4-1-2015, eff. 4-17-2015) (C) Action by Commission: A public hearing before the Planning Commission shall be held upon every application for a conditional use permit. (Ord. 1994-T, 10-6-1994, eff. 10-20-1994; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996) (D) Limited Approval of Conditional Uses: The approval of a conditional use may be made valid only for a specified term. The approval may be made contingent upon the written acceptance and continued observance of specified conditions, including, but not limited to any one of the following: 1. Substantial conformity to approved plans and drawings; 2. Time period within which the use authorized shall be brought into existence, failing which the approval shall lapse and be void; 3. Guarantees as to compliance with the terms of the approval; 4. Dedication of and improvement of streets and other public facilities; 5. Special yards planting, fences or walls; 6. Limitations on signs; 7. Limitations as to the time of day during which specified activities may be conducted. Once a conditional use is established, all of the conditions specified in the approval shall become operative, and the violation of any of them shall constitute a violation of this title. (E) Effective Date: The order authorizing a conditional use or disapproving the same shall be effective ten (10) days after the date of such order, unless a notice of appeal is filed within such a period of ten (10) days. (F) Lapse of Approval: Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void unless the use is established or construction necessary and incident to its establishment is started within six (6) months of the date of final action of approval. (G) Changes in Conditions: The Planning Commission shall receive, hear and decide applications to extend the term or to modify any condition imposed upon a conditional use, or upon a use established under a use permit issued prior to the effective date of this Title. Every such application shall be subject to the same procedure and regulations as set forth in this Section for a conditional use. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996) (H) Hazardous Waste: 1. No conditional use application shall be granted for use of property for hazardous waste disposal, incineration or treatment or for use in the storage or management of hazardous wastes for treatment, incineration or disposal for which use a permit to operate such a facility is required from the State of Nevada or the United States. (a) "Hazardous waste" is defined as it is defined in NRS 444.712 and includes any hazardous waste or constituents of hazardous waste which are subject to regulation Page 7 of 10
under 40 C.F.R. 261, as in effect on July 1, 1984. 2. This subsection shall remain in full force and effect until the earlier of the State of Nevada issuing regulations for operation of hazardous waste disposal and treatment and ending the moratorium on the issuance of State permits to operate facilities for the disposal, treatment and incineration of such hazardous wastes, or repeal of this subsection. (Ord. 1985-K, 12-5-1985, eff. 12-23-1985; amd. Ord. 1996-D, 3-6-1996, eff. 4-1-1996) 4-3-3: R2 MULTI-FAMILY RESIDENTIAL DISTRICT: The medium density multi-family residential district, designated herein by the symbol R2, is intended to protect established neighbourhoods of such dwellings and to provide space suitable in appropriate locations for additional housing developments of this kind such as garden apartments, townhouses, duplexes and similar dwellings, including condominium developments. (A) Permitted Uses: The following principal uses are permitted in an R2 district: 1. One-family dwelling, two-family dwelling. 2. Multiple dwelling. 3. Garden, orchard, field crop; where no building is involved. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975) (B) Conditional Uses; R2 Districts: The following are conditional uses in an R2 district, permitted only when authorized by the planning commission: 1. Church, school, recreational, utility or service facility, all as limited and regulated in R1 districts. 2. Community clubhouse. 3. Parking lot. 4. Boarding house. 5. Rest home. 6. Mobile home park. 7. Fraternal clubs. 8. Invalid or invalid caretaker secondary housing. A secondary independent living unit on a lot or parcel already developed to the maximum density allowed in the district, for the housing of an invalid family member or a caretaker of an invalid family member residing in the primary residence on the parcel, subject to the following: (a) The dwelling may be attached or detached from the primary residence. A mobile home may not be attached to the primary residence. (b) The floor area of the secondary dwelling may not exceed that of the primary dwelling. (c) The conditional use permit must be reviewed within two (2) years and every two (2) years thereafter. Page 8 of 10
(d) The secondary dwelling must be removed if it is a mobile structure when it is no longer used for invalid or invalid caretaker housing. In the case of an attached or conventionally constructed dwelling where removal is impractical, the unit may not be utilized as rental housing. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975; amd. Ord. 1993- U, 1-6-1994, eff. 1-24-1994) (C) Accessory Uses: Same as R1. (D) Building Site Area: Every building site in the R2 district shall have an area of not less than ten thousand (10,000) square feet. The minimum width of a lot shall be seventy-five feet (75'). (E) Yards: The minimum requirements for yards in the R2 district shall be as follows: Depth of front yard 15 feet Depth of rear yard 10 feet Width of side yard 5 feet (F) Height Of Building: No building in an R2 district shall have more than four (4) stories or a height in excess of fifty feet (50'). (G) Signs: Same as R1. (H) Parking: Off-street parking spaces shall be provided on a parking lot or within a garage or carport at the ratio of one and one-half (1.5) spaces per dwelling unit. (Ord. 1975-A, 3-5-1975, eff. 4-1-1975) 4-3-4: R3 CONSERVATION RESERVE DISTRICT: The one-family residence districts, designated herein by the symbol R3, intended to identify outlying lands that may be developed, but where the character of the land is unsuitable for intensive development. (A) Permitted Uses: 1. One one-family dwelling on a lot. 2. Garden, orchard, field crop. (Ord. 1981-E, 7-9-1981, eff. 8-1-1981) (B) Conditional Uses: 1. Church. 2. School, attendance at which satisfies the requirements of the compulsory education laws of the state. 3. Recreation facility owned and maintained by an agency of any city, the county, the state or federal agencies. 4. Invalid or invalid caretaker secondary housing. A secondary independent living unit on a lot or parcel already developed to the maximum density allowed in the district, for the housing of an invalid family member or a caretaker of an invalid family member residing in the primary residence on the parcel, subject to the following: (a) The dwelling may be attached or detached from the primary residence. A mobile home may not be attached to the primary residence. (b) The floor area of the secondary dwelling may not exceed that of the primary dwelling. Page 9 of 10
(c) The conditional use permit must be reviewed within two (2) years and every two (2) years thereafter. (d) The secondary dwelling must be removed if it is a mobile structure when it is no longer used for invalid or invalid caretaker housing. In the case of an attached or conventionally constructed dwelling where removal is impractical, the unit may not be utilized as rental housing. (Ord. 1981-E, 7-9-1981, eff. 8-1-1981; amd. Ord. 1993- U, 1-6-1994, eff. 1-24-1994) (C) Accessory Uses: Same as R1. (D) Building Site Area: Every building site in an R3 district shall have an area not less than two and one-half (2 1 / 2) acres, and a minimum width of two hundred feet (200'). (E) Yards: The minimum requirements for yards in R3 districts shall be as follows: Depth of front yard 50 feet Depth of rear yard 50 feet Width of side yard 20 feet In no event shall any structure be located closer than fifty feet (50') from the right of way of any state, county or federal highway. (F) Height: No building shall have a height of more than forty feet (40'). (G) Signs: No sign shall have an area in excess of nine (9) square feet. (H) Parking: All vehicles must be parked off the street. (Ord. 1981-E, 7-9-1981, eff. 8-1-1981) Page 10 of 10