NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION MEETING October 12, 2016 Staff Report Agenda Item No. 12 CASE DESCRIPTION(S): a. For Possible Action CU-2016-000015: Public hearing, discussion, deliberation and possible decision on a request for a Conditional Use Permit (CUP) to allow a Child Care Facility with up to 12 children in a single-family residence on property located within the Village Residential (VR-8) zoning district LOCATION: APN NUMBER(S): AP# 039-681-10 b. For possible action WV-2016-000024: Public hearing, discussion, deliberation and possible decision on a waiver request for an exemption from NCC 17.04.700.A.10.a. a requirement for a paved circular driveway, located a minimum of 30-feet from the entrance of the facility. (These items are Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) Located at 91 E. Fairway Street (generally situated east of Blagg Rd. and south of E Comstock St.) LEGAL DESCRIPTION(S): Calvada Valley Unit 7, Block 49, Lot 36. PROPERTY OWNER(S): APPLICANT/AAGENT: Brandon Bietar Property Owner Jacqueline Lawson Applicant STAFF CONTACT: Cheryl Beeman, AICP, Principal Planner (775) 751-4248 PROJECT SYNOPSIS: Applicant is requesting a Conditional Use Permit (CUP) to allow a Child Care Facility with up to 12 children in a singlefamily residence and a Waiver (WV) request for an exemption from NCC 17.04.700.A.10.a a requirement for a paved circular driveway, located a minimum of 30-feet from the entrance of the facility. CONCLUSION Upon extensive review of the application, staff is able to find sufficient justification to recommend approval of both requests. The proposed use will be harmonious with the existing uses in the vicinity and will provide an essential service to the community as a whole. Approval of the waiver will not result in damage or prejudice to other property owners, and will not be detrimental to public health, safety or general welfare. The facility will operate under state regulations and applicable building and fire codes. RECOMMENDED MOTION(S): Move to APPROVE CU-2016-000021 and WV-2016-000024, based upon the Findings listed below and subject to the special conditions of approval as outlined in the staff report (or move to DENY, based upon alternate findings as established by the Pahrump Regional Planning Commission).
Pahrump Regional Planning Commission October 12, 2016 Page 2 of 5 Staff Report; CU-2015-000021 WV-2016-000024 Findings for CU-2016-000021 and WV-2016-000024 as required under NCC 17.04.920.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 Zoning Ordinance allows for a Conditional Use Permit (CUP) in the RH-4.5 zone to allow the construction and operation of the requested use. 2. The conditional use will 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 conditional use will not change the essential character of the area. The proposed use is appropriate and compatible with the character of the property and general vicinity. 3. The conditional use will not be hazardous or disturbing to existing or future neighboring uses. The proposed use will be harmonious with the existing uses in the vicinity, and will not bring any additional disturbing factors to the neighboring properties. 4. The conditional use will be a substantial improvement to property in the immediate vicinity and to the community as a whole. The proposed project would result in substantial improvement to the subject property, which may be viewed as an improvement to property in the immediate vicinity and to the community as a whole. 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 proposed project will be adequately served by essential public facilities and services. 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. The proposed project will not create additional requirements and will not 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. Approval of the Indoor Agricultural Commercial Facility will not add activities that will be detrimental to any person or property in the vicinity or community as a whole. 8. The conditional use is consistent with the intent and purposes of this Chapter. The proposed use is allowed under Nye County Code through the approval of a Conditional Use Permit. Findings for WV-2016-000024 as required under NCC 17.04.915.E of the Nye County Code: 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. 2. The circumstances or conditions do not apply generally to other properties in the same land use district. The specific circumstances applying in this case do not appear to generally apply to other properties, due to the oddly configured parcel. 3. The granting of the waiver or exception will substantiate justice to the applicant or owner(s) of the property. Granting of the Waiver would allow for the operation of a Child Care Facility under a CUP and governed by State regulations. 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 or prejudice to other properties in the vicinity, and provides relief from the NCC for an oddly shaped lot. Staff has expressed concern about traffic circulation, drop off and pick up areas where children are involved.
Pahrump Regional Planning Commission October 12, 2016 Page 3 of 5 Staff Report; CU-2015-000021 WV-2016-000024 5. The granting of the waiver(s) would provide an opportunity for improved zoning and planning that would benefit the community. Granting of the waiver is based on the developed where the construction of the circular driveway is not possible with the present configuration of the parcel. LAND USE MATRIX CURRENT ZONING MASTER PLAN DESIGNATION CURRENT LAND USE SITE VR-8 HDR Single-family residential NORTH VR-8 HDR Undeveloped & single-family residential SOUTH Openspace OSP Discovery Park EAST VR-8 HDR Undeveloped & single-family residential WEST Openspace and MF OSP and HDR Discovery Park/Undeveloped DISCUSSION Background: The subject parcel was created in 1973 by a subdivision map in its current configuration as a flag lot. Single Family residence was constructed in 2005. No further history follows. Area Characteristics: The subject property is located in a residential subdivision on a paved cul-de-sac. The parcel also and has frontage onto what used to be the Willow Creek Golf Course. Property size is approximately 12,850 sq. ft. An inventory of surrounding zoning, master plan designations and land uses can be found in the above-listed matrix. The subject property is located in the flood zone AO-1 flood hazard area, and is an area that is subject to inundation by 1-% annual chance shallow flooding (usually sheet flow on sloping terrain as indicated by the Flood Insurance Rate Map (FIRM). External Comments: The Town of Pahrump, Emergency Services (Fire and Sheriff s Departments), and the Nye County School District did not submit comments. Regarding the CUP portion of the application, Nye County 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 for development of the property and/or complying with Nye County Code. However with regard to the Waiver, Public Works does not support having children dropped off on E. Fairway Street, and further states that the business should have adequate space that would promote safe traffic patterns onsite. ANALYSIS Application Details: Approval of the CUP is to allow the operation of a Child Care Facility in a single family residence, approval of the Waiver would waive the requirement related to the paved circular driveway and thereby allowing a portion of the residence to be used as a Child Care Facility. The applicant indicates that the subject property meets the other requirements outlined in NCC 17.04.700.A.10.a. (Conditions and Safeguards for Conditional Use Permits). Other applicable sections of NCC include: 17.04.240: VR-8- which provided for Child Care Facilities by CUP, 17.04.800: Home Occupations, 17.04.920: Conditional Use Permit Procedures, and 17.04.970: Conceptual Site Development Plan Requirements. NCC 17.01.110 Definitions CHILDCARE FACILITY: An establishment operated and maintained for the purposes of furnishing care on a temporary or permanent basis, during the day or overnight, to five (5) or more children under eighteen (18) years of age, if compensation is received for the care of any of those children. Childcare facility does not include: A. The home of a natural parent or guardian, foster home or maternity home;
Pahrump Regional Planning Commission October 12, 2016 Page 4 of 5 Staff Report; CU-2015-000021 WV-2016-000024 B. A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility; or C. A home in which a person provides care for the children of a friend or neighbor for not more than four (4) weeks, or longer in cases of medical hardship, if the person who provides the care does not regularly engage in that activity. NCC 17.04.700 Conditions and Safeguards for Conditional Use Permits Child Care Facility. Child Care Facilities which are owned and operated by and located on the grounds of, adjacent to, or in close proximity to, a church/synagogue shall not be regulated by these regulations as a Child Care Facility. Also, accommodation facilities as defined at NAC 432A.012 shall be exempt from the requirements of this Section. The following conditions and safeguards shall be used in deciding upon applications for this use: a. A paved circular driveway, 20 feet in width with a minimum inside radius of 20 feet, in an area, a minimum of thirty feet from the entrance of the facility where the children are picked up or dropped off, in which cars shall not park or backup shall be provided. b. A fenced outdoor play area for the children shall be provided unless exempted pursuant to State regulations. The use of any outdoor play area shall be limited to between 8:00 a.m. and 6:00 p.m. if the fenced play area is within 100 feet of existing residences unless otherwise specifically approved by the Planning Commission. c. The location and extent of the facility shall not adversely affect the character of the existing neighborhood. d. The Child Care Facility shall be of a design, intensity and scale to serve the surrounding neighborhood and to be compatible with the surrounding land uses and zoning. Water: Analysis of the potential impact of the proposed project on community water resources: 1. Community Source Water Protection Plan (CSWPP): Proximity of the proposed project to Public Water System(s)/Source Water Protection Area(s): The proposed use will not have a negative impact on or is located within any public well Capture Zone. The nearest public wells are more than one mile from the subject location (see map below from Nye County Community Source Water Protection Plan).
Pahrump Regional Planning Commission October 12, 2016 Page 5 of 5 Staff Report; CU-2015-000021 WV-2016-000024 2. Water Quality. Impact on Existing Groundwater Quality: Could the proposed project/land use potentially cause or contribute to the degradation of groundwater quality/is the proposed land use considered a Potential Contaminant Source? (Yes/No Table E-1): Yes Class: Residential. Source: Hazardous Household products. Risk Ranking: Moderate 3. Water Quantity. Estimated Water Use: Water usage estimate not provided or calculated for the proposed use. CONCLUSIONS Upon extensive review of the application, staff is able to find sufficient justification to recommend approval of the request. The Zoning Ordinance allows for a Conditional Use Permit (CUP) in the VR-8 zone for Child Care Facility and NCC authorizes the RPC to grant waivers from the strict interpretation of the chapter. The proposed use will be harmonious with the existing uses in the vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole. Should the Regional Planning Commission desire to approve the application, the following STANDARD CONDITIONS OF APPROVAL are suggested subject to the discretion of the Regional Planning Commission. STANDARD CONDITIONS OF APPROVAL 1. Applicant must comply with all applicable County, State, and Federal laws, rules, and regulations. 2. Applicant shall obtain a Business License through the Town of Pahrump prior to operating and occupying the day care facility. 3. Applicant must obtain the appropriate State license for the facility at this location prior to operating. 4. A fenced outdoor play area for the children shall be provided unless exempted pursuant to State regulations. The use of any outdoor play area shall be limited to between 8:00 a.m. and 6:00 p.m. if the fenced play area is within 100 feet of existing residences unless otherwise specifically approved by the Planning Commission. 5. Failure to comply with these conditions shall result in revocation of the Conditional Use Permit.
PRPC Hearing -- 12 Oct 2016 -- Item # 12 WV-2016-000024 & CU-2016-000021 -- 91 E Fairway St. -- APN 039-681-10 Brandon Beitar -- Owner / Jacqueline Lawson -- Applicant Fairway St Upland Av Glenoaks St Ironton St Happy Canyon Rd Ë Exhibit "A" -- Area Zoning Notified Properties 400 Foot Buffer VR-8; Village Residential MF; Multi Family Residential OS; Open Space 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.
PRPC Hearing -- 12 Oct 2016 -- Item # 12 WV-2016-000024 & CU-2016-000021 -- 91 E Fairway St. -- APN 039-681-10 Brandon Beitar -- Owner / Jacqueline Lawson -- Applicant Fairway St Upland Av Glenoaks St Ironton St Exhibit "B" -- Master Plan Categories Happy Canyon Rd Ë Notified Properties 400 Foot Buffer HDR OPR 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.
PRPC Hearing -- 12 Oct 2016 -- Item # 12 WV-2016-000024 & CU-2016-000021 -- 91 E Fairway St. -- APN 039-681-10 Brandon Beitar -- Owner / Jacqueline Lawson -- Applicant Fairway St Upland Av Glenoaks St Ironton St Happy Canyon Rd Ë Exhibit "C" -- Aerial Perspective Notified Properties 400 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.
PRPC Hearing -- 12 Oct 2016 -- Item # 12 WV-2016-000024 & CU-2016-000021 -- 91 E Fairway St. -- APN 039-681-10 Brandon Beitar -- Owner / Jacqueline Lawson -- Applicant Fairway 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.