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Sparks City Council Meeting 6/11/2018

General Business: 9.13

Title: First Reading of Bill No. 2740, an Ordinance to rezone real property approximately 386.87 acres in size located at 555 Highland Ranch Parkway, Sparks, NV from A40 (Agriculture) to SF6 (Single Family Residential – 6,000 sq. ft. lots) and C2 (General Commercial). (PCN160050)
Petitioner/Presenter: QK, LLC/Karen Melby, Development Services Manager
Recommendation: Instruct the City Clerk to read the Bill by title and set the date for the public hearing and second reading.
Financial Impact: None.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

This is a request from QK, LLC to rezone a parcel approximately 386.87 acres in size located at 555 Highland Ranch Parkway. The property owner has also requested, per a companion agenda item, annexation of the subject parcel. Upon annexation the parcel will convert from a Washoe County zoning designation of GR (General Rural) to a City of Sparks zoning designation of A40 (Agriculture). The applicant is requesting, following annexation, rezoning of the subject property from A40 (Agriculture) to SF6 (Single Family Residential – 6,000 sq. ft. lots) and C2 (General Commercial).  In addition to the annexation request, this rezoning request is coming forward for City Council consideration in conjunction with two other related requests for: approval of a development agreement pursuant to NRS 278.0201; and, certification of a Comprehensive Plan amendment to change the land use designation of the site from Open Space (OS), Employment Center (EC) and Commercial (C)  to Intermediate Density Residential (IDR) and Commercial (C). On April 5, 2018, the Sparks Planning Commission voted to forward recommendations of approval to the City Council for the rezoning, annexation and development agreement requests and approved the Comprehensive Plan amendment.



Background:

This is a request from QK, LLC to rezone a parcel approximately 386.87 acres in size located at 555 Highland Ranch Parkway. The property owner has also requested, per a companion agenda item, annexation of the subject parcel. Upon annexation the parcel will convert from a Washoe County zoning designation of GR (General Rural) to a Sparks zoning designation of A40 (Agriculture). The applicant is requesting, following annexation, rezoning of the subject property from A40 (Agriculture) to SF6 (Single Family Residential – 6,000 sq. ft. lots) and C2 (General Commercial).  In addition to the annexation request, this rezoning request is coming forward for City Council consideration in conjunction with two related requests for: approval of a development agreement pursuant to NRS 278.0201; and, certification of a Comprehensive Plan amendment to change the land use designation of the site from Open Space (OS), Employment Center (EC) and Commercial (C)  to Intermediate Density Residential (IDR) and Commercial (C).

The subject parcel is located north of Highland Ranch Parkway just west of the intersection with Pyramid Highway. (Refer to Vicinity Map). The site is currently vacant except for an existing Truckee Meadows Water Authority (TMWA) water tank located along Highland Ranch Parkway on the southwestern portion of the property. The subject property was formerly the site of an aggregate mining operation. The aggregate pit is not visible from either Highland Ranch Parkway or Pyramid Highway as it is situated in a bowl surrounded by ridges. The remaining quarry area and substantial portions of the site have been graded and are intended for development. There is a paved access road connecting Highland Ranch Parkway to the quarry site.

The applicant’s property is part of approximately 2,000 acres that were brought into the Sparks Sphere of Influence in 2002 as a Cooperative Planning Area with Washoe County. An area plan, known as the West Pyramid Plan, was prepared for this acreage and certified by the City Council in July of 2008. The land use designations for the subject property on the 2016 Sparks Comprehensive Plan Land Use Map – Open Space, Employment Center, and Commercial – are equivalent to but replaced the land uses designated for the site in the West Pyramid Plan. 

On March 13, 2017, the City Council directed staff to negotiate and prepare a development agreement pursuant to NRS 278.0201 concerning the development of the subject property. The proposed agreement is intended to address the type and intensity of development on the site, along with the entitlements necessary to develop the property. A development agreement is also proposed to address the requirements and terms for the provision of infrastructure, including the property’s possible inclusion in Impact Fee Service Area Number 1 (IFSA#1). Another purpose of the agreement is to provide for the applicant to waive, as permitted by NRS 278.0201, certain statutory timeframes for the processing of applications so that the land use requests can be considered concurrently by the Planning Commission and the City Council. Finally, for the owners and developer, the agreement is intended to assure more certainty for the duration of the project’s build-out.

On April 5, 2018, the Planning Commission reviewed these four requests and recommended the City Council approve the annexation petition, certify the comprehensive plan amendment and approve the development agreement and rezoning requests. (Please refer to the Planning Commission Report of Action.)

On May 9, 2018, the Regional Planning Commission (RPC) held a public hearing and reviewed the requested Comprehensive Plan amendment. The RPC also reviewed the project that is proposed for the site, as described in the development agreement, as a project of regional significance. The RPC determined that both the Comprehensive Plan amendment and the proposed project conform with the Truckee Meadows Regional Plan.



Analysis:

This is a request to rezone a parcel approximately 386.87 acres in size located at 555 Highland Ranch Parkway. As discussed in the Background section, this request is coming forward for City Council consideration in conjunction with three related requests for annexation, a development agreement, and a Comprehensive Plan land use amendment. The purpose of bundling a development agreement with these other requests is to provide the public, third-party reviewing agencies, the Planning Commission, and City Council with an understanding of the development proposed for the subject property at the time these requests are considered. The development agreement is also intended to serve as the basis for satisfying the so-called concurrency requirement (Goal 3.5 and Policy 3.5.1) of the 2012 Truckee Meadows Regional Plan for infrastructure and public services that must be addressed with the land use applications. For these reasons, the development agreement buttresses the Rezoning Findings that follow.

If annexed into the city of Sparks, the entire Quarry property will have a zoning designation of A-40 (Agricultural District). (Refer to Exhibit 03 – Existing Zoning). The applicant is requesting rezoning of 373.48 acres of the property to SF6 (Single Family Residential – 6,000 sq. ft. lots) and of 13.9 acres of the property to C2 (General Commercial. (Refer to Exhibit 04 – Proposed Zoning). The following table compares the uses permitted in each zoning district.

Use

A40

SF6

C2

Single family, detached

Permitted

Permitted

Not Permitted

Multi-family Building <110 units

Not Permitted

Not permitted

Permitted

Multi-family Building >110 units

Not Permitted

Not permitted

Conditional Use Permit

Manufactured home park

Permitted

Not permitted

Conditional Use Permit

Home Occupation

Permitted

Permitted

Permitted

Group Home

Permitted

Permitted

Not Permitted

Life Care or Continuing Care Services

Not Permitted

Not permitted

Permitted

Halfway House

Not Permitted

Not permitted

Conditional Use Permit

Bed and Breakfast

Conditional Use Permit

Not permitted

Not Permitted

Hotel/Motel (< 20 units)

Not Permitted

Not permitted

Conditional Use Permit

Hotel/Motel (>20 units)

Not Permitted

Not permitted

Conditional Use Permit

Recreational Vehicle Park

Not Permitted

Not permitted

Conditional Use Permit

Resort, Dude/Guest Ranch

Conditional Use Permit

Not permitted

Not Permitted

Animal Services, Indoor

Conditional Use Permit

Not permitted

Permitted

Animal Services, Overnight (whether indoor or outdoor)

Conditional Use Permit

Not permitted

Permitted

Financial Services: Payday Loan Establishment; ATM Stand Alone; Title Loan; and, Financial Institutions (including banks)

Not Permitted

Not permitted

Permitted

Pawnbroker

Not Permitted

Not permitted

Conditional Use Permit

Food & Beverage Sales/Service: Brewery; Craft Distillery; Grocer/Food Market; Liquor Store; Food Preparation; and, Restaurant

Not Permitted

Not permitted

Permitted

Office

Not Permitted

Not permitted

Permitted

Call Center

Not Permitted

Not permitted

Permitted

Personal/Business Services: Bail Bond Services; Copy Center; Courier and Messenger Services; Funeral & Internment Services; Maintenance and Repair Services; Personal Services; Tattoo Parlor; and, Wedding Chapel

Not Permitted

Not permitted

Permitted

Retail Sales: Building Material Sales and Services; Convenience Store; Retail, General

Not Permitted

Not permitted

Permitted

Nursery (commercial, retail and wholesale)

Conditional Use Permit

Not permitted

Permitted

Auto and Truck Repair (light)

Not Permitted

Not permitted

Permitted

Car Wash

Not Permitted

Not permitted

Permitted

Gas Station

Not Permitted

Not permitted

Permitted

Manufactured Home Dealers

Not Permitted

Not permitted

Conditional Use Permit

Vehicle Rentals

Not Permitted

Not permitted

Permitted

Adult Day Care

Not Permitted

Not permitted

Permitted

Child Care Facility

Not Permitted

Not permitted

Conditional Use Permit

Child Care Facility, In-home

Permitted

Permitted

Not Permitted

Church or Worship Center

Conditional Use Permit

Permitted

Permitted

Event Center / Banquet Hall

Not Permitted

Not permitted

Conditional Use Permit

Fraternal Club /Lodge / Community Service Facility

Not Permitted

Not permitted

Permitted

Public Safety Facility

Not Permitted

Not permitted

Permitted

Social Assistance, Welfare and Charitable Services

Not Permitted

Not permitted

Permitted

College, Technical School

Conditional Use Permit

Not permitted

Conditional Use Permit

School (Public or Private)

Administrative Review

Not permitted

Administrative Review

Personal Instructional Services

Not Permitted

Not permitted

Permitted

Hospital

Not Permitted

Not permitted

Conditional Use Permit

Hospice

Not Permitted

Not permitted

Permitted

Bodily Fluid Collection Services

Not Permitted

Not permitted

Permitted

Medical Office, Clinic or Laboratory (less than 50,000 gross floor area)

Not Permitted

Not permitted

Permitted

Medical Office, Clinic or Laboratory (more than 50,000 gross floor area)

Not Permitted

Not permitted

Conditional Use Permit

Medical Marijuana Dispensary

Not Permitted

Not permitted

Administrative Review

Bar / Lounge

Not Permitted

Not permitted

Permitted

Cultural Institution

Not Permitted

Not permitted

Permitted

Entertainment Facility / Theater

Not Permitted

Not permitted

Permitted

Health / fitness club

Not Permitted

Not permitted

Permitted

Park / Open Space

Permitted

Permitted

Permitted

Recreational Facility, Minor and Major

Not Permitted

Not permitted

Conditional Use Permit

Data Processing, Hosting and Related Services

Not Permitted

Not permitted

Permitted

Media Production

Not Permitted

Not permitted

Permitted

Mining and quarrying

Conditional Use Permit

Permitted

Conditional Use Permit

Production, Craftwork

Not Permitted

Not permitted

Permitted

Research and Development

Not Permitted

Not permitted

Permitted

Building Maintenance Services

Not Permitted

Not permitted

Permitted

Mini-warehouse

Not Permitted

Not permitted

Conditional Use Permit

Heliport / Miscellaneous Air Transportation

Not Permitted

Not permitted

Conditional Use Permit

Transportation Passenger Terminal

Not Permitted

Not permitted

Conditional Use Permit

Utility, minor

Conditional Use Permit

Conditional Use Permit

Conditional Use Permit

Renewable energy production

Conditional Use Permit

Permitted

Permitted

Communications Facility

Not Permitted

Not Permitted

Permitted

Wireless Communication Tower or Antenna

Permitted

Permitted

Permitted

Weather or Environmental Monitoring Station

Permitted

Not permitted

Permitted

Farm or Ranch

Permitted

Not permitted

Not Permitted

Winery

Permitted

Not permitted

Not Permitted

Urban Agriculture

Not permitted

Permitted

Permitted

 

Rezoning Findings:

FINDING Z1: The project, as submitted and conditioned, is consistent with the City of Sparks Comprehensive Plan.

The Comprehensive Plan Goals and Policies that are relevant to this proposal include:

Goal MG2       Foster diversity in the land use mix including residential, commercial, industrial, employment and recreational areas citywide.

Policy CF1:       When reviewing new development, the City will not approve an application unless the City services can be provided at acceptable service levels.

Goal H2           Promote a strong, diverse housing market that supports economic growth and vitality while ensuring environmental and fiscal sustainability.

Policy RC22:    Maintain development restrictions and standards in the Sparks Municipal Code as necessary to conform to policies in the Truckee Meadows Regional Plan pertaining to Development Constraints Areas and for slopes with gradients over 30%.

Policy RC23     Require new developments to preserve and protect significant natural amenities, unique features (e.g. rock outcroppings and drainage ways) and other natural features.

In the future, the intersection of Highland Ranch Parkway and Pyramid Way may potentially emerge as a commercial node in the Spanish Springs valley. Approval of the rezoning request would support Goal MG2 by adding land for a mix of residential and commercial uses west of Pyramid Highway.

With the proposed inclusion of the subject parcels in IFSA#1, development of the site will contribute to the construction of a fire station to serve the area and to storm drains, sewers, and regional trails. The development agreement requires the widening to 4 travel lanes, prior to the issuance of any building permits for structures, of Highland Ranch Parkway from Pyramid Highway to the project entrance. Also required are the improvements to the intersection of Highland Ranch Parkway and Pyramid Highway recommended in the Traffic Study to maintain a Level of Service E. The study has been reviewed by City staff and NDOT; both City and NDOT staff concur with the Traffic Study recommendations. The intersection improvements must be completed prior to issuance of any certificate of occupancy for, or final inspection of, any dwelling unit in excess of 650 dwelling units. (Refer to attached Traffic Study.)

Section 3.2 of the development agreement requires, per the determination of the City’s Fire Chief, construction of a second fire apparatus access road prior to issuance of a certificate of occupancy for and/or final inspection of any dwelling unit in excess of 650 dwelling units. The second fire apparatus access road must be open for public use, a condition to which the developer has objected. In addition, all dwelling units and commercial structures intended for or used for human occupancy must be equipped with fire suppression systems.

The Planning Commission concluded that, provided the development agreement is approved, the requested rezoning supports Goal MG5 and complies with Policy CF1. Approval of rezoning request would provide additional land for housing development, supporting Goal H2.

Policies RC22 and RC23 require that new development provide for the protection of natural features such as steep slopes. SMC 20.04.011 regulates project sites over 10 acres in size with slope gradients of 10 percent or greater over 25 percent or more of the site. This section of the zoning code requires that the site be analyzed to identify the maximum allowable disturbed area by slope categories. Any development on the subject site must comply with this section of the zoning code. In addition, Section 3.4 of the development agreement limits the total area to be cleared, graded or disturbed to 225 (58.2%) of the 387 acres. The developer is required to convey, with each final subdivision map, the lands designated as open space to the entity responsible for maintenance of those lands (e.g., homeowner’s association).

FINDING Z2:

The project is consistent with the surrounding existing land uses.

The surrounding land uses and zoning are summarized in the following table:

Direction

Land Use

Zoning

North

Large Lot Residential (LLR)

A40 and Washoe County GR (General Rural)

South

Commercial (C)

C2 (General Commercial)

East

Open Space (OS), Commercial (C), Community Facilities (CF), Low Density Residential (LDR)

New Urban District (NUD – Kiley Ranch North Planned Development)

West (Washoe County TMSA)

General Rural (GR) and Open Space (OS)

General Rural (GR) and Open Space (OS)

The subject property is located on the western side of Pyramid Highway, north of Highland Ranch Parkway. The Kiley Ranch North Planned Development on the east side of Pyramid Highway has 157 acres designated as Commercial, including a site for a proposed hospital. None of the commercial uses planned for Kiley Ranch North have been developed to date. The areas to the north are large lot single family properties. To the west are vacant lands with steep slopes. The subject site was formerly mined for aggregate. The single-family homes and commercial development along Highland Ranch Parkway will be more compatible with surrounding land uses than the previous mining operation.

The rezoning request is consistent with the commercial designations in the Kiley Ranch North Planned Development Handbook to the east and Highland Ranch properties to the south. Based on the approved Kiley Ranch North Planned Development Handbooks (Phases 3 and 4), there will be commercial uses, including the potential construction of a hospital, sometime in the future in that area. Commercial uses at the entrance to the subject site would be consistent with the potential future uses in the area. Single-family development is consistent with the single-family development within the Kiley Ranch North Planned Development further to the east and in the unincorporated area of Washoe County north of the subject property.

FINDING Z3:

Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code.

Public notice was given per the requirements of the Sparks Municipal Code and Nevada Revised Statutes. The Planning Commission and City Council meetings function as the public hearings for this item. This rezoning request was noticed, at a minimum, to all property owners within 750 feet of the subject properties; 50 property owners were mailed notices. Public notice was published in the Reno Gazette Journal on March 22, 2018. 



Alternatives:

This is the first reading of the ordinance to rezone the subject property.



Recommended Motion:

This is a first reading. No motion is required.



Attached Files:
     !001 - PCN160050_Rezoning_Ordinance and Exhibits The Quarry.pdf
     !001a PCN160050 - The Quarry Rezoning Map Exhibit.pdf
     !002- PCN160050-Maps.pdf
     !003 - Traffic Study.pdf
     !004 - Agency comments.pdf
     !005 - PC Report of Action PCN16-0050.pdf

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