Planning commissioners approve reuse of K-Mart building

Carson City planning commissioners are hoping to see progress soon on the old K-Mart building in north Carson, which has sat vacant for roughly two decades.

Wednesday, planning commissioners voted 6-1 to approve a special use permit for Carson Silver LLC to convert the approximately 179,000-square-foot building at 3456 N. Carson St., into a personal storage/retail/office complex. The SUP also allows the existing 24-foot-high building to be used for storage as compared to the 14-foot height limitation in current code.

The building will include 119,119 square feet of indoor personal storage, 21,160 square feet of indoor RV and boat storage, 37,899 square feet for retail or office use and 53,309 square feet of outdoor, screened storage of boats and RVs on the west side of the building, according to Carson City Community Development.

Commissioner Nathaniel Killgore voted against the project, saying there seemed to be an issue “with the surrounding peaceful enjoyment of the public.”

A layout from Frame Architecture for a revamp of the old K-Mart building. The colored blocks represent new frontage areas and spaces for a restaurant, gym and other commercial enterprises. 

Other commissioners, and many residents who spoke during public comment, were supportive of the project even when voicing concerns about traffic, lighting and noise. Generally, commissioners and residents wanted to see the property utilized and the site cleaned up. City staff pointed out the impacts of the proposed use would be less than those of the former K-Mart.

“I really see this as really a viable project for that structure and that development,” Commissioner Vern Krahn said. “In all honesty, we’ve been talking about the update to the Master Plan. We’ve been talking a lot about reuses and adaptive reuses, and this is kind of one that is staring us in the face.”

Some planning commissioners maintained the project had to make sense economically.

“I know there are folks that are out there that feel they have waited a very long time to see something go in,” said Commissioner Ellen Dechristopher. “And oftentimes when we go longer, the expectation becomes higher for what goes in. And I include myself in that group. But I do see the benefits of getting in there, and the tipping point for me was you showing up tonight. That means a lot.”

Dechristopher was talking to the new owner of the building, Michael Hariri, who told commissioners and the audience Wednesday that revitalization of the site would commence in the next year, entailing renovation and general upkeep.

“This is an underdeveloped area, but it’s definitely been vacant long enough,” said Hariri.

According to project designer Frame Architecture, the building was constructed for K-Mart in 1995 but was vacated by 2006. The city is now requiring 60 percent or more of its street frontage be developed with retail and/or office space. The property is zoned retail commercial.

Hariri confirmed with the Appeal he purchased the building in December for $5 million. A project spokesperson further stated the underlying land lease for the property would not be an issue for the proposed storage and commercial center. A restaurant, gym, auto shop and other retail spaces are planned for the site.

Another issue in Wednesday’s discussion was ongoing litigation concerning Northtown Plaza, of which the old K-Mart is part.

“Based on our review of the REOA (Reciprocal Easement and Operation Agreement), it appears that the applicant’s proposal to convert what was at one time retail space to indoor and outdoor boat and recreational vehicle storage violates the REOA,” wrote attorney Leslie Bryan Hart representing C&A Investments LLC, an adjacent property owner.

Hart’s July 25 letter to the planning department referenced litigation initiated in 2017 and now pending at the Nevada Supreme Court. The letter argued the conversion to storage could negatively affect the appearance of the shopping center and adjacent area — a claim refuted four days later in a letter from Carson Silver’s attorney, Owen Mackedon.

The city, however, does not enforce private contracts such as the REOA. Planning commissioners agreed to let the private parties involved figure it out themselves.

“Much like CCRs, the city is not a party to this agreement,” said Planning Manager Heather Ferris, adding the city’s review must be based on the merit of the project and the ability to make required findings.

In other action:

• Planning commissioners continued to a date uncertain a recommendation to the Board of Supervisors regarding a proposed amendment to city development standards. The proposed amendment would allow materials and equipment in certain zones to be stored higher than required fencing.

The applicant for the item was Rapid Space LLC. Current development standards stipulate “outside storage areas in the commercial and industrial zoning districts are required to be enclosed by a 100 percent sight obscuring fence or wall a minimum of six feet in height,” according to staff.

“Rapid Space LLC (applicant) currently operates an equipment storage yard and is unable to store all of their equipment in a manner consistent with the code,” reads a summary of the item.

Discussing storage containers, cranes and other equipment, planning commissioners wanted more time to modify language in the proposed amendment, explore the possibility of a height limitation and/or SUP requirement. Commissioners also wanted information on the ongoing update of Title 18 of Carson City Municipal Code, and how it would affect the proposed amendment.

• Planning commissioners unanimously approved a SUP request to expand an existing child care facility at 151 E. Park St. The property is zoned retail commercial and multifamily apartment.

“The proposed expansion will increase the building size from 4,525 square feet to 6,985 square feet, will increase the number of children served from 72 to 122 children, and will result in an increase from 10 to 14 employees,” according to planning staff.

“We need child care in our community,” said Commissioner Sena Loyd.

• Planning commissioners approved a SUP request for a temporary cellular on wheels (COW) at 1281 N. Roop St., to be installed in the interval between the decommissioning of an existing facility at 705 N. Plaza St., and the establishment of a new facility at the Roop Street site.

Verizon Wireless was the applicant. After public concerns about the health effects of the 67-foot-tall COW on residences in the area, EBI Consulting released a report, prepared for Verizon, on the radio frequency and electromagnetic energy involved in the project.

“As presented in the sections below, based on worst-case predictive modeling, there are no modeled areas on any accessible rooftop or ground-level walking/working surface related to the proposed antennas that exceed the FCC’s occupational or general public exposure limits at this site,” reads the report.

The full report is online: https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/2767543/6.F_Late_Material_Item.pdf.

Verizon Wireless Municipal Engagement Partner Yvonne Pinto said the cellular coverage in jeopardy is for the central part of town, from the Capitol to the community center. The existing facility is on the federal building on Plaza Street, but that lease was not renewed.

The vote on the COW was 5-1 with Kilgore absent and Commissioner Charles Borders voting no. Borders was worried the temporary facility would become permanent.

As mentioned by Deputy District Attorney Todd Reese, local governments are limited in regulating telecommunications facilities because they are regulated by the U.S. Federal Communications Commission.

• Planning commissioners approved a SUP, again, for a new marijuana store at 3060 Highway 50 on property zoned general commercial.

A nearly identical application was approved by the commission on Jan. 31, but the applicant had to change the company name as operator due to an error — from GTI Nevada LLC to Essence Henderson LLC. The SUP covers a 4,500-square-foot marijuana shop for an existing 5,500-square-foot building, and the applicant would have to amend the SUP to add drive-through or curbside services.

The city currently has two pot dispensaries, one in south Carson (RISE) and one already on Highway 50 close to the proposed store (Zen Leaf). City code was changed in 2022 to allow four marijuana retail establishments in the city versus the two previously allowed after state legalization of recreational marijuana in 2016.