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Nye County, Nv Pahrump Regional Planning Commission Regular Meeting - November 12, 2008

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Nye County, Nv Pahrump Regional Planning Commission Regular Meeting - November 12, 2008 NYE COUNTY, NV PAHRUMP REGIONAL PLANNING COMMISSION REGULAR MEETING - NOVEMBER 12, 2008 Staff Report Agenda Item No. 11 CASE DESCRIPTION(S): AB-08-0004: Application to vacate and abandon the following public street rights-of-way: (a) +/-30-foot wide by +/-152-foot long portion of Nevada West Boulevard consisting of +1-0.105 acres; (b) a +I 30-foot wide by +1- 194-foot long portion of Nevada West Boulevard consisting of +I0. 134 acres, and; (c) a +/-20-foot-wide by +/-870-foot long unnamed street right-of-way consisting of 0.340 acres. LOCATION: Located west of Nevada State Highway 160 APN NUMBER(S): 035-441-08 and 035-442-08 LEGAL DESCRIPTION(S): Nevada West Commercial Center Unit I, Lot 8 and Lots 9 through 15 PROPERTY OWNER(S): Ronald & Carol Taylor, Nevada West Mobile Home Park, LLC APPLICANT(S): Ronald & Carol Taylor, Nevada West Mobile Home Park, LLC AGENT(S): Civilwise Services, LLC STAFF CONTACT: Planner I— (775) 751-4033 PROJECT SYNOPSIS: Application to vacate and abandon a 20’ wide section of Nevada West Boulevard and two 30’ wide easements north and south of the west end of Nevada West Boulevard. Conclusions — The requested areas to be abandoned were previously approved by the Board of County Commissioners, however, it was never followed through to complete the abandonment. This application is an effort to complete the process. RECOMMENDED MOTION(S): Move to APPROVE AB-08-0004, based upon the Findings as shown on page two (2) (or move to deny AB-08-0004, based upon alternate findings as established by the Pahrump Regional Planning Commission). Pahrump Regional Planning Commission Staff Report; AB-08-0004 November 12, 2008 Page 2 of 4 Should the Planning Commission elect to approve this application based upon the analysis provided by staff, comments received, and the site inspection, the following required findings are provided for your consideration: 1. The applicant is the owner of the property abutting the public right of way for which they have applied to have abandoned 2. Access to any of the properties abutting the area proposed for abandonment will continue to have access from the remaining 40’ ofNevada West Boulevard. 3. Adequate utilities, sanitation, water supply, drainage and other necessary facilities will be provided to the site without the needfor utilizing the right of way. 4. The public will not be materially injured if the right of way is abandoned, and no parcels will become landlocked by this action. LAND USE MATRIX CURRENT ZONING MASTER PLAN DESIGNATION CURRENT LAND USE General Commercial General Commercial Mobile Home Park NORTH General Commercial General Commercial Vacant/Undeveloped SOUTH General Commercial General Commercial Vacant/Undeveloped EAST General Commercial General Commercial Abandoned mobile home sales center WEST Medium Density Multifamily Vacant/Undeveloped Residential DISCUSSION Background: The subject area was originally platted as part of the Nevada West Commercial Center Unit 1, recorded November 1973. Parcel 035-442-08, lots 9 through 15, were developed as Nevada West Mobile Home Park in 1977 and has been in operation as a mobile home park from that date to present. The County Commission, in 1981 approved a Quitclaim Deed returning the 30’ of right of way, perpendicular at the west end of Nevada West Boulevard. This deed was subsequently deemed invalid because it violated NRS 278.480, which sets forth the procedures for road abandonments, which include public hearing notices, providing a public hearing and the recordation of an order of abandonment. At the September 9, 1988 Board of County Commissioners meeting, this abandonment was heard, however it was tabled at the end of the discussion with no further meeting date set, and the abandonment has not been properly or legally completed to date. A Board of County Commissioners meeting in October 1984 discussed a petition to abandon Nevada West Boulevard. This request was unanimously denied by the Board. Another Board of County Commissioners meeting in February 1986 reviewed a petition to abandon a portion of Nevada West Boulevard, which was approved subject to conditions. A letter dated August 18, 1988, to Ms. Ness from then Planning Director Ron Williams, stated that the site was examined and it was found that none of the conditions of approval from the February 1986 Board approval had been completed. The subject area was rezoned from Open Use (OU) to General Commercial (GC) with the Comprehensive Rezoning on June 20, 2007. Area Characteristics: The subject property consists of seven (7) contiguous lots with one APN number, developed as the Nevada West Mobile Home Park, with a composite land area of +1-2.87 acres which is bordered by Nevada West Boulevard, a residential access roadway to the north; and an additional lot consisting of .41 acres which is bordered by Nevada West Boulevard, a residential access roadway to the south. An inventory of surrounding land uses can be found in the above-listed matrix. A portion of the mobile home park encroaches on the southern 20’ of Nevada West Boulevard. The subject property is located within flood zone X (unshaded), which corresponds to areas outside the 500-year flood hazard area as indicated by the Flood Insurance Rate Map (FIRM). Pahrump Regional Planning Commission Staff Report; AB-08-0004 November 12, 2008 Page 3 of 4 External Comments: The request for abandonment of Right of Way was submitted to the following agencies, who offered the following comments: • Nye County Public Works Department — Recommend denial because original conditions of approval have not been met. • Nevada Department of Transportation — No comments received. • Utilities Inc. of Central Nevada — Requests an easement as identified in the attached letter remain reserved for future utility needs, as there already exists a UICN wastewater collection line in the right of way and no fewer than 5 water service lines. • CMA Communications — No comment received. • Valley Electric Association — No comment received. • AT & T — No utility structures located within the right of way. • Pahrump Utilities Co. — No comment received. Mobile home park is not in Pahrump Utilities service area. ANALYSIS Application Details: The applicant is requesting abandonment of portions of Nevada West Boulevard in accordance with NRS 278.480, to complete an abandonment process that began many years ago. The portions of roadway requesting abandonment were approved roughly 20 years ago but the process was never completed. This application is being filed in an effort to complete the process. In addition to the request for abandonment of portions of Nevada West Boulevard, applicant has made mention of offering for dedication a portion of a parcel 035-441-08 to complete the cul-de-sac at the western end of Nevada West Boulevard. Offers of Dedication must be presented to the Board of County Commissioners who takes action on the application. The Regional Planning Commission takes final action on road abandonment requests; these types of requests require a simple majority vote of the members present to pass a motion. Zoning: The subject area is zoned General Commercial; it is a Commercial Zone intended to provide large community scale commercial developments, where the square footage of a lot is greater than twenty thousand (20,000) square feet (net). Office, service, and commercial uses in this district shall provide for retail needs with proximity to major arterial roadways as an amenity to the service provider. The established mobile home park on this property is a legal non conforming use that has been in consistent operation since 1977. CONCLUSIONS Upon extensive review of the application, Staff finds sufficient justification to recommend approval. The requested areas to be abandoned were previously approved by the Board of County Commissioners however, it was never followed through to complete the abandonment. This application is an effort to complete the process. The following CONDITIONS FOR APPROVAL have been suggested pursuant to this recommendation and subject to the discretion of the Regional Planning Commission: STANDARD CONDITIONS OF APPROVAL 1. Unless otherwise specified, all conditions must be met or financial assurances must be provided to satisfy the conditions prior to submittal for any required building permit or zoning review application. The Nye County Planning Department and/or Nye County Public Works Department is responsible for determining compliance with a specific condition, shall determine whether the condition must be fully completed or whether the applicant shall be offered the option of providing financial assurances. All agreements, easements, or other documentation required by these conditions shall have a copy filed with the Public Works and the Planning Departments. 2. Compliance with the conditions of this application is the responsibility of the applicant, its successor in interest, and all owners, assignees, and occupants of the property and their successors in interest. Failure to comply with any conditions imposed may result in the implementation of revocation procedures. Pahrump Regional Planning Commission StaffReport; AB-08-0004 November 12, 2008 Page 4 of 4 3. Nye County reserves the right to review and revise the conditions of this approval should it determine that subsequent license or permit issued by Nye County violates the intent of this approval. 4. For the purposes of conditions imposed by Nye County, “may” is permissive and “shall” or “must” is mandatory. 5. Developer(s) shall, at their own cost, perform and complete all work and improvements required by state and county statutes, codes, regulations, etc. 6. In order to record the Order of Abandonment, all taxes for the current fiscal year shall be paid in full. SPECIAL CONDITIONS OF APPROVAL 7. Any required utility easements must be accurately described in the Order of Abandonment; UICN easement to be provided per UICN request for future utility needs. 8. Applicant is required to pay advertising fees associated with this application.
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