2013 2:00:00 PM

Monday, June 10, 2013 2:00 PM
City Council Chambers, Legislative Building, 745 Fourth St, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.1

Title: PCN13001- Consideration of and possible action on a request for Tentative and Final approval of an amendment to the Marina Village Planned Development Handbook to allow for greater flexibility in the types and location of uses specifically related to the mixed use buildings located between the Sparks Marina Lake and Harbour Cove Drive and other matters and property related thereto on a site generally located south of E. Lincoln Way, East of the Sparks Marina Part, and west of the Legends at Sparks Marina Planned Development, Sparks

Petitioner/Presenter: Sparks Marina Apartments, LLC/Karen Melby

Recommendation: The Community Services Department and Planning Commission recommends approval of PCN13001; see suggested motions below.

Financial Impact: None

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief:

The applicant is requesting to amend the Marina Village Planned Development. The proposed amendment to the planned development handbook provides flexibility. The approved handbook listed the square footage of the restaurant, retail space, office/personal service and the number of residential units. The amendment restricts the total maximum area for these uses to be 416,000 square feet.

Background:

The original Marina Village Planned Development was approved by the City of Sparks in January 2000. Since that time, much of the site has been improved and developed. The Handbook was modified on May 22, 2006 to change the use of a portion of the site from hotel/commercial to mixed use commercial/residential as follows:

Replace a proposed hotel and pavilion with a mixed-use retail and condominium development with a parking garage, “The Villas at Sparks Marina.”
Replace a proposed “lighthouse” with Marina Square, an “iconic” building incorporating a clock tower, a restaurant on the ground floor and condominiums above;
Change the use of the existing Waterfront Building from commercial to mixed use, with ground-level retail, office, and service retail and second and third floor town homes.

Several phases in Marina Village are developed. There are 59 single family homes on 6.6 acres on the southeast portion of the site. On the northeast portion of the site, there is an apartment complex consisting of 240 units on 9.31 acres. The purpose of the requested changes to the approved Planned Development Handbook is to allow for flexibility in the total number of residential units. The planning commission reviewed this item on May 2nd 2013 and recommended approval

Analysis:

The applicant is requesting to amend the Marina Village Planned Development. The recorded Marina Village Handbook covers of 32.5 acres. The remaining portion of Marina Village to be developed consists of two-sub areas: Marina Villas and Marina Square. These areas are planned to be a mix of commercial, office or restaurant uses on the first floor and residential units on the upper stories. The proposed amendment to the planned development handbook provides flexibility. The approved handbook listed the square footage of the restaurant, retail space, office/personal service and the number of residential units. The amendment restricts the total maximum area for these uses to be 416,000 square feet. The standards in the handbook restrict the commercial and office uses to the first floor of the buildings.

Planned Development Findings:

PD1 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for housing of all types and design.

This amendment does not change the uses but allows greater flexibility in how Marina Village Planned Development is built out.

PD2 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for necessary commercial and industrial facilities conveniently located to the housing.

The amendment does not change the nature of the planned development and will still be a mixed use project.

PD3 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for the more efficient use of land and public or private services.

The amendment is to continue developing Marina Village as a mixed use project just with some ability to adjust the number and size of residential units and the square footage of the commercial/office uses.

PD4 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for changes in technology of land development so that resulting economies may be available to those in need of homes.

This amendment does not affect the potential for housing in the planned development and housing remains a major component in the build out of Marina Village. The proposed amendment would allow for more and potentially more affordable housing units.

PD5 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for flexibility of substantive regulations over land development so that proposals for land development are disposed of without undue delay.

The amendment would provide the developer the opportunity to change the number and size of the housing units as well as greater flexibility of the ground non-residential uses. The proposed changes are intended to restart development of the Marina Villas project, which has been stalled since the start of the 2007 recession. Given the substantial investment to date in the project; its prominent location on the Marina waterfront and the blighting influence of the unused four story parking structure; it is important to the community to facilitate the completion of this project without undue delay.

PD6 The plan does not depart from zoning and subdivision regulations otherwise applicable to the property, and these departures are in the public interest for density.

The amendment to the Development Standards potentially allows an increase in the unit count, a positive for this location within the TOD Corridor. The amendment does not change the types of uses allowed.

PD7 The plan does not depart from zoning and subdivision regulations otherwise applicable to the property, and these departures are in the public interest for bulk.

The amendment does not significantly change the size or mass of the buildings. The maximum height is four stories which maintains the maximum height of 70 feet as in the approved handbook.

PD8 The plan does depart from zoning and subdivision regulations otherwise applicable to the property and these departures are in the public interest for use.

The development standards establish landscape, architecture, setbacks, height and lighting restrictions for the buildings placed within the planned development. The handbook does not propose any changes to these standards.

PD9 The ratio of residential to nonresidential use in the planned development is:

The proposed amendment does not change the ratio of residential to nonresidential use. The nonresidential uses, excluding the parking garage, will be approximately 15% of the project.

PD10 Common open space in the planned development exists for what purpose, is located where within the project, and comprises how many acres (or what percentage of the development site taken as a whole).

The amended handbook would maintain the same landscape standards that are consistent with code. The planned development is in this location to take advantage of one of the prime open space uses within the City of Sparks, the Sparks Marina Lake and park.

PD11 The plan does provide for the maintenance and conservation of the common open space by what method.

The Marina Village Development Standards Handbook does address the maintenance and conservation of the common open space through an association.

PD12 Given the plan’s proposed density and type of residential development, the amount and/or purpose of the common open space is determined to be adequate.

The planned development handbook requires a percentage for landscaping consistent with Title 20 for commercial projects. The proposed landscape will provide sufficient landscaping to meet the intent of the common space for residential and commercial uses.

PD13 The plan does provide for public services. If the plan provides for public services, then these provisions are adequate.

The planned development provides for public services to serve the proposed residential and commercial land uses as part of this planned development.

PD14 The plan does provide control over vehicular traffic.

The amendment does not change the pedestrian or vehicular circulation. The property is located south of Lincoln Way, which is an existing minor collector. As part of this handbook, there are no propose changes to the streets.

PD15 The plan does provide for the furtherance of access to light, air, recreation and visual enjoyment.

The standards in the planned development establish landscape requirements for the areas along the street frontages and within the future development.

PD16 The relationship of the proposed planned development to the neighborhood in which it is proposed to be established is beneficial.

Marina Village has been developing as a mix of residential, commercial and office land uses. There are no changes proposed to the access to the surrounding neighborhood and Marina Lake Park.

PD17 To the extent the plan proposed development over a number of years, the terms and conditions intended to protect the interests of the public, residents and owners of the planned development in the integrity of the plan are sufficient.

Approvals for development plans of Marina Village started in 2000. The approved tentative handbook was to develop a mix of land uses. The tentative handbook was approved originally with mixed use residential land use and this amendment does not change original concepts for development of the property.

PD18 The project, as submitted and conditioned, is consistent with the City of Sparks Master Plan.

The Land Use Plan Goals and Policies in the Master Plan update that are also relevant to this proposal include:

GOAL LU1: To create a growth pattern which assures flexible, feasible and efficient developments and which includes natural and cultural amenities.

POLICIES

LU1a. The City will support a preferred growth pattern which applies consistent and uniform standards to areas planned for similar uses.

ACTION STRATEGIES

Allow only developments which meet the proper land use designation of the City’s Master Plan and the Regional Master Plan.

The amended to Marina Village planned Development Handbook has development standards that address flexibility and efficient development of the Marina Area. This request is to provide the developer greater flexibility to complete the project to serve the residents and visitors to the Sparks Marina.

PD19 The project is consistent with the surrounding existing land uses.

The surrounding land uses and Zoning is summarized in the table below:

Direction	Land Use / Zoning
North	Mini Storage / TOD (Transit Oriented Development)
South	The Legends, Sparks Marina Lake Park and I-80 / NUD – The Legends and R1-40
East	Vacant , The Legends / NUD (New Urban District)
West	Sparks Marina Lake Park / R1-40

Marina Village is located in an area of a mix of uses with a concentration of commercial land uses. The proposed mixed-use development is consistent with the development of the area.

PD20 Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code.

Public notice was given. The Planning Commission and City Council meetings function as the public hearing per the requirements of SMC and NRS.

PD21 Modification of Marina Village Planned Development furthers the interest for the City and the residents and preserves the integrity of the plan.

When considering rezoning a Planned Development, the City must be able to identify that the “modification” is to “further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan as finally approved,” NRS 278A.380 (2).

The revised plan in the planned development handbook maintains the integrity of the plan by retaining land uses that were originally approved in the tentative handbook for Marina Village.

Final Handbook

The following is the SMC section on final handbook approval followed by the NRS regulations.

Section 20.18.080 Procedure for final approval

A. Application for final review by the Sparks Planning Commission and ultimate final approval by the Sparks City Council must be made to the Administrator within the time specified by the minutes granting tentative approval.

B. A public hearing on an application for final approval of the plan, or any part thereof, is not required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan which has been given tentative approval. The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the landowner of the plan as tentatively approved does not:

Vary the proposed gross residential density or intensity of use;
Vary the proposed ratio of residential to nonresidential use;
Involve a reduction of the area set aside for common open space or the substantial relocation of such area;
Substantially increase the floor area proposed for nonresidential use; or
Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings.

A public hearing need not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage.

C. All requirements and regulations pertaining to the application for final approval, substantial compliance with tentatively approved plan, alternative proceedings for final action on plans not in substantial compliance, recourse to courts for failure of city to grant or deny final approval, certification and filing of approved plan upon abandonment or failure to carry out approved plan shall be provided in NRS 278A.530 to 278A.580, inclusive.

Nevada Revised Statutes (NRS) 278A.540 states what constitutes substantial compliance with a tentative approved planned development application.

NRS 278A.540 What constitutes substantial compliance with plan tentatively approved.

The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the landowner of the plan as tentatively approved does not:

A. Vary the proposed gross residential density or intensity of use;

B. Vary the proposed ratio of residential to nonresidential use;

C. Involve a reduction of the area set aside for common open space or the substantial relocation of such area;

D. Substantially increase the floor area proposed for nonresidential use; or

E. Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings.

A public hearing need not be held to consider modifications in the locations and design of streets or facilities for water and disposal of storm water and sanitary sewer.

NRS 278A Plan not in substantial compliance, Alternative procedures; public hearing final action.

If the plan, as submitted for final approval, is not in compliance with the plans as given tentative approval, the city or county shall, within 30 days of the date of filing of the application for final approval, notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance.
The landowner may:

(a) Treat such notice as a denial of final approval;

(b) Refile his plan in a form which is in substantial compliance with the plans as tentatively approved; or

If the landowner elects the alternatives set out in paragraph (b) or (c) above, he may refile his plan or file a request for a public hearing, as the case may be, on or before the last day of the time within which he was authorized by the minutes granting tentative approval to file for final approval, or 30 days from the date he receives such notice of such refusal, whichever is later.

Any such public hearing shall be held within 30 days after the request for the hearing is made by the landowner, and notice thereof shall be given and hearings shall be conducted in the manner prescribed in NRS 278A.480.
Within 20 days after the conclusion of the hearing, the city or county shall, by minute action, either grant final approval to the plan or deny final approval to the plan. The grant or denial of the final approval of the plan shall, in cases arising under this section, contain the matters required with respect to an application for tentative approval by NRS 278A,500.

Staff has reviewed the final handbook for the Marina Village Planned Development. Based on the standards listed in NRS, staff is of the opinion that the proposed amendment of the Marina Village Planned Development is in substantial compliance with the tentatively approved plan as approved by the City Council. The final draft handbook:

does potentially vary the proposed gross residential density but not the intensity of the Marina Village Planned Development Standards Handbook since there could be more units while maintaining the size and bulk of the buildings but ;

does not vary the proposed ratio of residential to nonresidential use;

does not reduce the common open space area;

there is no increase to the floor area proposed for the nonresidential use from the approved tentative handbook;

there is no increase in the total ground areas covered by buildings nor is there substantial change in the height of buildings. There are no changes proposed in the final Handbook.

It is staff’s opinion that the final draft amendment for the Marina Village Planned Development Standards Handbook does not substantially vary from any of the five criteria and conforms with the tentative handbook but due to the fact that this request is an amendment to a recorded final handbook, staff determined this amendment should be reviewed through a public hearing process.

Alternatives: 1. The City Council can deny the request to amend the Marina Village Planned Development Handbook. 2. The City Council cqan remand the request back to Planning Commission with direction.

Recommended Motion: I move to approve the Tentative and Final Handbook amendment to the Marina Village Planned Development Handbook associated with PCN13001, adopting Findings PD1 through PD21 and the facts supporting those Findings as set forth in the staff report. Because the request includes final approval, the City Council does not require a bond at this time as stated in NRS 278A.490.

Attached Files:

PCN13001 Sparks Marina Apts.pdf

Handbook Markup Draft 4-25-13.pdf

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