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Sparks City Council Meeting 5/26/2020 2:00:00 PM

Meeting Link: https://zoom.us/j/92302995013
Meeting Dial-in #: 1-669-900-6833 Meeting ID: 923 0299 5013

General Business: 9.1

Title: Consideration, discussion and possible approval of a Tentative Map request for a 460-lot single family residential subdivision on a site approximately 386.87 acres in size located at 555 Highland Ranch Parkway, Sparks, Nevada in the SF-6 (Single-Family Residential – 6,000 sq. ft. minimum lot size) zoning district.
Petitioner/Presenter: 5 Ridges Development Co., Inc./Ian Crittenden, Development Services Manager
Recommendation: The Planning Commission recommends the City Council approve a Tentative Map for a proposed 460-unit single-family subdivision located at 555 Highland Ranch Parkway, Sparks, Nevada, in the SF-6 zoning district.
Financial Impact: No direct financial cost. The fiscal impact analysis submitted by the applicant estimates this project will produce a positive fiscal impact over the 20-year analysis period.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The proposed tentative map is for a site generally located northwest of the intersection of Highland Ranch Parkway and Pyramid Way.  A Development Agreement was approved for the development of this site in July of 2018.  That agreement was amended in January of 2020.  The applicant is proposing 460 single-family lots on 88.3 acres of the 386.87 acres site.  The net density of the proposed development is 5.21 dwelling units per acre, which complies with the density standards of the SF-6 zoning district as it does not exceed 7.3 dwelling units per acre.  However, the proposed density of 5.21 dwelling units per acre does not comply with the Comprehensive Plan land use designation for this site (IDR – Intermediate Density Residential), which specifies a density range of 6 to less than 10 units per acre. 

While Nevada law requires consideration of whether a proposed tentative map is in conformance with zoning ordinances and the Comprehensive Plan, if the zoning and Comprehensive Plan are inconsistent, the zoning ordinance takes precedence. In addition, the proposed density and the total number of units permitted in 5 Ridges were agreed upon in the development agreement.  This density proposed in this tentative map reflects the density and unit count used in the applicant’s fiscal analysis submitted as part of the Development Agreement.  The propose tentative map being in conformance with the development plan approved in the Development Agreement an updated fiscal analysis was not required with this request. 

This site contains significant slopes and a Conditional Use Permit for Slopes, Hilltops and Ridges was required prior to the development of the site.  The Planning Commission approved the Conditional Use Permit subject to 7 Conditions of Approval and recommended approval of this Tentative Map subject to 16 Conditions of Approval.

Subsequent to the approval of the Conditional Use Permit, the City has received multiple appeals of the approval.  The appeal should be on the agenda prior to this tentative map request.   If the City Council affirms the Decision of the Planning Commission this item should be heard.  If the City Council takes any other action on the appeal of the Conditional Use Permit this item should not be heard as the approval of the tentative map is contingent on the approval of the Conditional Use Permit.



Background:

In July of 2018, the City of Sparks entered into a development agreement (the “Agreement”) for the development of a 386.87-acre site located at 555 Highland Ranch Parkway (Exhibit 1 – Vicinity Map).  In conjunction with the Agreement, the City processed and approved annexation, Comprehensive Plan amendment, and rezoning requests for this site.  The Comprehensive Plan land use designation for the portion of the site relevant to this request for a tentative map is IDR (Intermediate Density Residential), and this portion of the site is zoned SF-6 (Single-Family Residential – 6,000 sq. ft. minimum lot size).

In January of 2020, the City Council approved an amendment to the Agreement that reflected changes to the development plan for the subject site (Exhibit 2 - Agreement).  The development plan had evolved since initial approval of the Agreement as the Master Developer undertook additional analysis that had substantive impacts on site access and provision of utilities (municipal water). 

This site was previously used for an aggregate mining operation, so a large portion of the internal area of the site (approximately 120.93 acres) was previously disturbed.  Many of the hillsides adjacent to the previously mined area were left with extreme and unnatural slopes. Due to these slopes and the natural topography of the site, the Agreement and the Sparks Municipal Code (SMC) require a Conditional Use Permit (CUP) prior to approval of a tentative map for the site. Accordingly, the applicant has applied for a CUP for development on slopes, hilltops, and ridges.  The Planning Commission approved the applicant request for a CUP on April 16th, 2020.  That approval has been appealed.  The City Council will consider the appeal prior to this request.  This request for approval of a tentative map is contingent on affirmation of the approval of the CUP; if the Planning Commission approval is overturned, then this tentative map cannot be approved. 



Analysis:

The proposed tentative map is for 460 single-family lots (Exhibit 3 – Tentative Map) on a site that is 386.87 acres in size.  The area that is included in this tentative map is approximately 88.3 acres.  The lots, as proposed in this request, range from approximately 4,050 square feet to 15,016 square feet. The proposed gross density would be 5.21 dwelling units per acre.

This density of 5.21 dwelling units per acre is below the minimum of 6 dwelling units per acre called for by the IDR (Intermediate Density Residential) Comprehensive Plan land use designation. While NRS 278.349(3)(e) requires consideration of whether a proposed tentative map is in conformance with zoning ordinances and the Comprehensive Plan, if the two documents are inconsistent, “the zoning ordinance takes precedence.” Here, the zoning for the site allows up to 7.3 dwelling units per acre with no minimum density, while the Comprehensive Plan calls for no less than 6 dwelling units per acre.

The site is being developed using the small lot standards provided in the SMC 20.02.004.  These standards allow lots that are smaller than 6,000 square feet (the minimum lot size in the SF-6 zoning district) so long as the maximum density does not exceed 7.3 dwelling units per acre, the maximum density allowed in the SF-6 zoning district.  The seeming incongruity of the proposed tentative map using the small lot standards and still not meeting the minimum density standard for the IDR land use is due to two reasons: 1) the provision of open space required by SMC 20.04.011 (Slopes, Hilltops and Ridges) and the Agreement; and 2) the provision of the primary access and drainage infrastructure for the entire 5 Ridges development within this tentative map. 

The Agreement dictates the minimum and maximum number of units permitted in the greater 5 Ridges development.  The Agreement permits between 1,200 and 1,800 total units.  This tentative map is the first in what is anticipated to be a series of tentative maps that combine to form the greater development plan that will comply with this unit number requirement. 

The applicant submitted a fiscal impact analysis for 5 Ridges in conjunction with the original Agreement and associated annexation and Comprehensive Plan amendment applications.  The analysis indicated a net positive fiscal impact to the City over a twenty-year period.  As this tentative map complies with the land plan that is part of the Agreement, an update to the fiscal impact analysis was not required. 

Access to the subdivision proposed by this tentative map will be from Highland Ranch Parkway via 5 Ridges Parkway, a reconstruction of the existing aggregate mine access road.  5 Ridges Parkway will travel north to approximately the center of the site and intersect with Antelope Ridge Parkway, which will turn west to connect to an existing water tower access road.  This connection will provide secondary access to the site.  As stated in the amended Agreement, this secondary access allows the developer to construct 5 Ridges Parkway as a two-lane, rather than a four-lane, road. 

The Agreement requires the developer to improve Highland Ranch Parkway and the intersection of Highland Ranch Parkway with Pyramid Way when certain triggers are met.  The required improvements include the widening of Highland Ranch Parkway from two to four lanes and associated capacity improvements at its intersection with Pyramid Way.  The improvements are required when any of the following occur: 1) a tentative map request is submitted that will bring the total number of dwelling units in the development to 650 or more; 2) the Level of Service (LOS) for Highland Ranch Parkway degrades below D; or 3) the LOS for the intersection with Pyramid Way degrades below E.  This tentative map request is the first in 5 Ridges and is only requesting 460 lots, which does not trip the first trigger.  The applicant submitted an analysis indicating that this tentative map will not degrade the LOS of Highland Ranch Parkway or its intersection with Pyramid Way to the levels specified in the Agreement (Exhibit 4 - Traffic Letter).  The off-site transportation improvements required by the Agreement are therefore not required for this tentative map.

Tentative Map Findings

FINDING T1:

The request conforms to the Master Plan and zoning ordinances.

RELATIONSHIP TO THE MASTER PLAN

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

GOALS

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

POLICIES

H1:      Ensure there are sufficient appropriately zoned areas with the infrastructure, public facilities and services necessary for the production of new housing.

C4:       Require sidewalks for pedestrians on all street networks within the City. 

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

The proposed tentative map is for a single-family subdivision with 460 lots. This project would advance Goal H2 and Policy H1 by providing traditional single-family housing in Sparks. In addition, the wide variety of lot sizes proposed in this tentative map would provide diversity in the single-family housing market.

The tentative map shows sidewalks throughout the development, complying with Policy C4. Plans for the improvement of water, sewer, streets, and stormwater were contemplated with the approval of the Agreement.  Subject to these improvements, the City’s services can be provided at acceptable levels to serve the 460 proposed homes, complying with Policy CF1.

FINDING T2:

General conformity with the City's master plan of streets and highways has been considered.

As discussed in the Analysis section above, the proposed development will have access from Highland Ranch Parkway. Street improvements necessary to serve this development will be installed after the triggers contained in the Agreement are met.  Those triggers have not been met at this time.  The existing street network that serves this site is sufficient to meet the needs of this request.

FINDING T3:

Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal, and, where applicable, individual systems for sewage disposal were considered.

This application was distributed to the agencies that provide basic services and administer environmental and health laws. Washoe County School District has provided comments, which are discussed in Finding T6 below. Washoe County Health District also submitted a letter with their standards for new subdivisions but did not cite any concerns unique to this site (Exhibit 5 – Agency Comments).  The developer must comply with the requirements of outside agencies with regulatory authority over tentative maps and final maps prior to recordation of a final map (Condition 4).

FINDING T4:

The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision has been considered.

The developer has estimated the domestic water requirement for the proposed development at 155.58 acre-feet per year. The water rights needed to serve the project will be supplied by Sun Valley General Improvement District (SVGID) and must be in place or be dedicated with the final map (Condition 5).  According to the Agreement, the availability of municipal water for this development is contingent upon SVGID and the City entering into an agreement to allow SVGID to locate its water utility infrastructure within City rights-of-way. That agreement must be approved by the City and SVGID prior to approval of a final map (Condition 6).

FINDING T5:

The availability and accessibility of utilities has been considered.

The availability of municipal water is addressed in Finding T4 above. NV Energy will provide electrical and natural gas services. Electric, telephone, and cable services will be extended underground within the roadway right-of-way to serve this development.

FINDING T6:

The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks have been considered.

SCHOOLS

This area is currently zoned for Hall Elementary School, Shaw Middle School, and Spanish Springs High School. As stated in the attached letter from Washoe County School District (Exhibit 5 – Agency Comments), this proposed development is anticipated to add 96 new students to Hall Elementary, 41 to Shaw Middle School, and 44 to Spanish Springs High School. Hall Elementary School’s current enrollment is 76% of base capacity; adding 96 new students from this development would increase enrollment to approximately 90% of the school’s base capacity. Shaw Middle School’s current enrollment is 79% of base capacity; adding 41 new students would increase enrollment to approximately 82%. Current enrollment at Spanish Springs High School is 106% of base capacity and adding 44 new students from this project would increase the enrollment to approximately 108%. Washoe County School District anticipates that the new Procter R. Hug High School, now under construction, will provide substantial enrollment relief to Spanish Springs High School.

POLICE PROTECTION

Law enforcement services will be provided by the Sparks Police Department.

TRANSPORTATION

The City received letters from Regional Transportation Commission (RTC) and Nevada Department of Transportation in response to this tentative map request (Exhibit 5 – Agency Comments).  The letter from NDOT reiterated the concerns addressed in the Agreement regarding improvements to Highland Ranch Parkway and its intersection with Pyramid Way.  The letter from RTC requested a 20-space Park-n-Ride site be provided for this tentative map.  However, a transportation use such as a Park-n-Ride is not a permitted use in the SF-6 zoning district.  This would be a more appropriate use in the C2 (General Commercial) area of the 5 Ridges development located adjacent to Highland Ranch Parkway.  However, a condition to this effect is not possible as tentative map conditions must be fulfilled by or prior to the final map.

FIRE AND EMERGENCY MEDICAL RESPONSE 

Fire and emergency medical service will be provided by the Sparks Fire Department. At this time, the project site is located outside the 4-minute travel time standard for the Sparks Fire Department. Dwelling units within this tentative map will be required to have fire suppression systems.  This requirement may be eliminated if the Master Developer can demonstrate, to the approval of the Fire Chief, that the dwelling units are within the 4-minute travel time (Condition 15). That would likely only occur if the City constructs a sixth fire station within a four-minute travel time of all or a portion of this proposed subdivision.

UTILITIES

NV Energy will provide electrical and natural gas services. Electric, telephone, and cable services will be extended underground within the roadway right-of-way to serve this development.

FINDING T7:

The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision has been considered.

The Traffic Analysis for 5 Ridges anticipates the entire development will generate 10,974 average daily trips with 1,046 peak hour trips. Trip generation for this tentative map is estimated at 4,379 average daily trips with 460 peak hour trips.  As described in the Analysis section above, the Agreement dictates when specific improvements to Highland Ranch Parkway and its intersection with Pyramid Way are required.  At this time the triggers established in the Agreement for these improvements have not been met.

FINDING T8:

The physical characteristics of the land such as flood plain, slope and soil has been considered.

FLOOD PLAIN

The site is located within Federal Emergency Management Agency (FEMA) Zone X, which indicates that the site is outside the 100-year flood hazard zone.

SLOPE

The applicant applied for a CUP for the development of slopes, hilltops, and ridges.  The Planning Commission approved the applicant request for a CUP on April 16th, 2020.  That approval has been appealed.  The City Council will consider the appeal prior to this request.  This request for approval of a tentative map is contingent on affirmation of the approval of the CUP; if the Planning Commission approval is overturned, then this tentative map cannot be approved. 

SOILS

A final geotechnical report will be required prior to recordation of any final map (Condition 9).

FINDING T9

The recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 to 278.348, inclusive, have been considered.

City staff has received comment letters from Washoe County School District, Washoe County Health District, Regional Transportation Commission, and Nevada Department of Transportation.  These letters are attached to this staff report as Exhibit 5 – Agency Comments. These agencies’ comments are addressed in findings T3 and T6 above.

FINDING T10

The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands has been considered.

Fire protection service will be provided by the Sparks Fire Department. Municipal water service for the containment of fires will be provided by SVGID as described in Findings T4 and T6 above.

FINDING T11:

The application, as submitted and conditioned, will address identified impacts.

This section identifies project-specific issues not discussed above such as:

Landscaping:

Landscaping on individual lots shall comply with the standards in the Sparks Municipal Code.  Landscaping in the right-of-way and common areas shall be maintained by a homeowners association or landscape maintenance association, as applicable.  Final landscape plans must be submitted with the final map and approved prior to recordation of the final map (Condition 12).  Conceptual landscape plans were submitted with this tentative map request and are attached as Exhibit 6.

Landscaping and revegetation conditions were proposed with the CUP (CU20-0005) for development on slopes, hillsides and ridges. Those conditions must be satisfied to the approval of the Administrator prior to the approval of a final map (Condition 16). 

Architecture:

The design standards in the Sparks Municipal Code govern the architecture for this project (Condition 11).

Architecture and ridgeline sensitive design conditions were proposed with the CUP (CU20-0005) for development on slopes, hillsides and ridges and must be satisfied to the approval of the Administrator prior to the approval of a final map (Condition 16).

FINDING T12:

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

Public notice for tentative maps is accomplished through the posting of the agenda for a public meeting.  The Planning Commission and the City Council meetings function as the public meetings for this item.



Alternatives:
  1. Council can approve the tentative map.
  2. Council can deny the tentative map.
  3. Council can remand the tentative map to Planning Commission with direction.


Recommended Motion:

I move to approve the Tentative Map associated with PCN19-0040 for a 460-lot single-family subdivision on a site 88.3 acres in size located in the SF-6 zoning district, adopting Findings T1 through T12 and the facts supporting these findings as set forth in the staff report, and subject to Conditions of Approval 1 through 16.



Attached Files:
     Conditions of Approval 5 Ridges PCN19-0040 alm.pdf
     Exh1_PCN19-0040_VicinityMap.pdf
     Exh3_PCN19-0040_TentativeMap.pdf
     Exh4_PCN19-0040_TrafficLetter.pdf
     Exh5_PCN19-0040_AgencyComments.pdf
     Exh6_PCN19-0040_ConceptualLandscape.pdf
     PCN19-0040.TM Report of PC Action.pdf
     PCN19-0040_ApplicationTM.pdf
     Staff Report PCN19-0040_5Ridges_TM alm.pdf
     Exh2_PCN19-0040_Agreement Correct.pdf

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