BioSafe Systems is a family-owned manufacturer of biodegradable disease-control products. The company headquarters are in Connecticut. The company provides products and services in North and South America. In 1998, BioSafe began selling its flagship product, ZeroTol, to the horticulture industry. Their business expanded to agriculture, industry and consumer markets. The company mission is to provide disease control solutions utilizing reduced risk chemistry which do not negatively impact the health and safety of people and the environment. Their products are Peracetic acid (also known as peroxyacetic acid, PAA or activated peroxides) used for several different uses such as sanitizer/disinfectants, algaecides, fungicides and bactericides.

BioSafe Systems is currently located at 706 E. Glendale Ave, operating as their west coast distribution facility. BioSafe is planning to start manufacturing in Sparks. Initially, BioSafe plans to add 4 new employees for the manufacturing and within 2 years an additional 10 employees.

This entitlement falls under NRS 278.147 and not the Sparks Municipal Code (SMC). Unlike most Special Use Permits, in this case the Planning Commission serves as a recommending body to the City Council.

BioSafe is located at 706 E. Glendale within an existing industrial park. The industrial park consists of 18.39 acres and includes two separate parcels. The BioSafe operations are in the southwest portion of the site.

BioSafe is proposing to install two 9,500 gallon tanks to hold acetic acid and two 9,500 gallon tanks to hold hydrogen peroxide. The tanks will be 18 feet tall. The Special Use Permit is for the storage of hazardous materials. Acetic acid and hydrogen peroxide will be in raw form. The tanks will be located outside the building on the north side of their building. The four tanks will be located in a concrete containment area. Filling of the tanks is anticipated to occur weekly. The liquids will be trucked to the site and the tanks will be filled by pumping the liquids from a semi-truck tanker trailer into the outdoor storage tanks. The applicant plans to meet or exceed all local, state and Federal safety standards.

As required by NRS, a list of the approved chemicals will be stored in the file (PCN13009). Any additional hazardous chemicals shall be considered by an amendment to this entitlement.

SPECIAL USE PERMIT:

FINDING S1: The proposal, as submitted and conditioned, is in compliance with the Master Plan.

The current Master Plan designation for the site is Industrial (I). This use in Industrial is in compliance with the Master Plan Land Use designation for the site.

RELATIONSHIP TO THE MASTER PLAN

The development is located within an area that has the Master Plan Land Use designation of Industrial (I). Predominant uses within the Industrial land use designation are manufacturing, fabricating, processing, warehousing, storage, offices, clinics, retail outlets subsidiary to manufacturing or wholesale establishments and business, vocational or trade schools. Outdoor manufacturing, fabricating, processing or storage, truck terminals and recreational uses, churches (as an interim use) and any use that processes, stores, transports or distributes hazardous materials or waste materials may be permitted by discretionary action in these designated land use areas. Planned Development zoning may be applied to the area designated I for entitlement and construction.

The Land Use Plan Goals and Policies in the 2002 Master Plan update that are 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.

LU1b. The City will ensure that development is in accord with the Master Plan and other land use controls to accomplish growth management goals.

LU1c. The City will approve development plans which address conditions unique to the developing area to minimize impacts to adjacent properties and assure protection of natural and cultural resources."

Distribution and manufacturing are uses within the Industrial district. The storage of the hazardous materials will be part of the manufacturing process. When the building was constructed, the geographic location, impacts to adjacent communities and mitigation measures were assessed and through applying specific conditions of approval for the building the particular issues relating to this use are addressed. This project meets the required action strategies in the City of Sparks Master Plan.

FINDING S2:

The application, as submitted and conditioned, is compatible with the existing or permitted uses of adjacent properties.

The proposed use is placed within an approved industrial development. Manufacturing and distribution are typical uses within the industrial area. The storage of hazardous materials will comply with all laws and standards governing the use and storage of these materials, making the expansion of an existing business into manufacturing at this location compatible with the area.

FINDING S3:

The potential impairment of natural resources and the total population which available natural resources will support without unreasonable impairment has been considered.

This is a Special Use Permit to allow an outdoor storage of hazardous materials on a site that has been previously developed. The storage of the hazardous materials will be within a containment area to mitigate the potential impacts of the hazardous materials. The potential impairment of natural resources and the total population which available natural resources will support without unreasonable impairment has been previously considered when the site was designated as a Industrial (I) land use in the 2002 Master Plan update.

FINDING S4:

The affect the availability of and need for affordable housing in the community, including affordable housing that is accessible to persons with disabilities has been considered.

This project site has been Master Planned as an Industrial (I) land use for decades. The affect this project proposal may have on the availability and need for affordable housing in the community, including affordable housing that is accessible to persons with disabilities, has been considered when the building was constructed.

FINDING S5:

The application, as submitted and conditioned, will address identified impacts. This section identifies project specific issues such as:

Outdoor Storage: The storage tanks will be located outside on the north side of the building. There will be a concrete containment surrounding the tanks to mitigate any potential spills. The containment area shall be designed in compliance with Environmental Control Division and Fire Department. The applicant shall provide to Environmental Control Division a spill procedure plan to address how spills will be handled.

Chemical List: The list of chemical stored on site shall be filed with the City. An amendment to the Special Use Permit is required in the case of chemicals stored at the site that is not on the provided list and is considered by the State of Nevada as a hazardous chemical.

Building Department: The applicant shall comply with all requirements of the Building Division for installation of the tanks.

Fire Department: The applicant shall comply with all requirements of the Fire Department including other requirements which may result from site inspections.

Engineering Division: The applicant shall comply with the requirements of the Engineering Division.

Finding S6:

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

Public notice was given. The Planning Commission meeting functions as the public hearing per the requirements of Nevada Revised Statutes and Sparks Municipal Code.