Sparks City Council Meeting 11/12/2013 2:00:00 PM

    Tuesday, November 12, 2013 2:00 PM
    City Council Chambers, Legislative Building, 745 Fourth St, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.2

Title: PCN13019, City of Sparks, SECOND READING and possible discussion of Bill No. 2662, an ordinance for a voluntary annexation request by MNST Family Trust, in accordance with the City of Sparks 7-year annexation program, for three parcels totaling approximately 2.6 acres in size located at 1990 Country Circle, Sparks, NV. Upon annexation the parcels shall convert from the Washoe County zoning designation of A5 (Agriculture) to a City of Sparks zoning designation of A-5 (Agriculture).
Petitioner/Presenter: MNST Family Trust/Jim Rundle, Senior Planner
Recommendation: The Planning Commission and Community Services staff recommends annexation of the three parcels into the City of Sparks.
Financial Impact: Financial impacts have been analyzed and are included in the staff report.
Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief: This request by MNST Family trust is to annex a site approximately 2.6 acres in size into the City of Sparks. This area is generally referred to as the "Shadow Mountain Island" and currently exists as a County Island. The request for annexation is 100% voluntary. Staff made all of the findings and recommended approval to the Sparks Planning Commission. At its October 3, 2013 meeting, the Sparks Planning Commission voted to forward a recommendation of approval to the Sparks City Council.




PROJECT DESCRIPTION Voluntary Annexation


APPLICANT: Matt and Shirle Eiting

LOCATION: 1990 Country Circle

SITE SIZE: Approximately 2.6 acres


PROPOSED ZONING: Upon Annexation the parcel would convert from a Washoe County designation of A5 (Agriculture) to City of Sparks (A5) Agriculture zoning


WARD INFORMATION: Ward 5 (Ron Schmitt)

APPLICABLE REGULATIONS: NRS 278 and 268 City of Sparks Annexation Program SMC 20.23

This request is from MNST Family Trust Center to annex three parcels totaling 2.6 acres in size into the City of Sparks. This area was brought into the Sparks sphere of influence in 1980; these parcels are located within an area commonly referred to as the Shadow Mountain Island. A site plan has been attached with this report. The respective parcels were last identified for annexation consideration in 2008 by the 2008-2015 Sparks 7 year annexation program. As the respective site is contiguous with the city limits of the City of Sparks, the property owner can request annexation under NRS 268.670 as 100% of the property owners have signed the petition for annexation. An attached map demonstrates contiguity. The site being considered for annexation was developed with a main residence in 1965 with an attached garage and two other structures including a barn of 560 square feet which is depicted in an attachment.

As noted above, the Shadow Mountain area was brought into the Sparks sphere in 1980. As the need for expansion to accommodate regional growth centered on the Northern Sparks area, this area was identified for potential annexation. Because this area already included developed residential property, the City annexed around the Shadow Mountain area; along Vista Boulevard and along Sparks Boulevard heading north. The Shadow Mountain area was left alone and exists today as a county island. As the Shadow Mountain area was primarily built out prior to the City’s expansion, the large single family residential lots were permitted without public streets and municipal water or sewer systems. The City has not forcibly annexed any of the parcels in the Shadow Mountain Island and this request for annexation is 100 percent voluntary. The Planning Commission unanimously forwarded a recommendation of approval at the October 3, 2013 meeting.


The 2008-2015 Annexation Program was prepared in compliance with Nevada Revised Statutes. The program identified areas in the Sphere of Influence of the City of Sparks to be considered for annexation. Outside of the program of annexation, all unincorporated areas contiguous to the City are eligible for annexation upon 100% of the property owners’ consent. This property is both identified in the City of Sparks’ program of annexation and is contiguous with the existing City limits. A map of the program of annexation is included with this report.

Upon reviewing this annexation application, staff considered the goals and policies of Sparks’ Annexation Program:

• Annexations will be processed according to the Nevada Revised Statutes and City Code in effect at the time of annexation.

• The areas which the City intends to annex in the time frame of the Annexation Program, 2008-2015, are those shown on the map titled “City of Sparks 7 year Annexation area.

• The City of Sparks recognizes the distinct character of the different areas proposed for annexation. The City intends to maintain the appropriate standards for newly annexed properties. Urban level standards will be considered for these areas when supported by property owners or when new development/intensification occurs.

Reviewing this submittal, staff determined that the site exists within a “County Island” and was previously developed under Washoe County standards. Development standards for land uses within the unincorporated areas are intended to meet the needs of more suburban and rural locations, while the City’s development standards are intended to meet the needs of urban areas with higher population densities. Existing land uses are allowed to continue upon annexation. This applies both to uses which conform and those that do not conform to the City’s zoning regulations, as long as they were legally established and do not intensify. Proof or documentation of legal establishment of a use shall be the responsibility of the property owner. Single family residential is a permitted use per County zoning and translates to a permitted use under the equivalent City of Sparks zoning designation.

The City does not require, as a result of annexation, additional public improvements to be installed or constructed on sites developed prior to annexation. If and when additional development is proposed, the City will require improvements including but not limited to curb, gutter, sidewalk, streetlights, right of way, and sewer connection. This property is served by an existing domestic well and septic system. If this system were to need modification or fail in the future, connection to the City’s sewer system and municipal water system may be required by the Washoe County District Health Department and the City of Sparks.

Nevada law and Sparks' code require a fiscal analysis be submitted with an annexation request. This submittal requirement has been fulfilled by the applicant and the fiscal analysis projects a positive fiscal impact of $1,117 for the City of Sparks' general fund through 2023. The fiscal analysis is based on the assumption the City will provide police, fire and administrative overhead services to the residents of this site. More details regarding the fiscal analysis can be found in Finding A2.

This site was included in the City of Sparks Seven Year Program of Annexation which was approved and found in conformance by the Regional Planning Commission (September 2008). Sites included in the Annexation Program are sites which are anticipated to be annexed within the next seven years.

When the City proposed to include the identified parcels into the Program of Annexation the City was required (by NRS 268.625) to consider each of the following prior to including a parcel into the Program:

a. The location of property to be considered for annexation This site is within a County Island; annexation is logical as the area was identified for potential annexation as late as 2008.

b. The logical extension of city limits This area is surrounded and contiguous with land that has been previously annexed and developed under City zoning standards. This request for annexation is a logical extension of the Sparks city limits.

c. The need for the expansion to accommodate planned regional growth This area has been in the City of Sparks sphere of influence since 1980. Due to the significant amount of City development which has occurred near the respective site the site benefits from proximity to City services including fire and police.

d. The location of existing and planned water and sewer service The respective residence does not benefit from municipal water and sewer services and is served by a well and septic system which complies with District Health standards. Municipal services are within proximity to the site and any intensification at the site will require the site utilizing municipal water and sewer services.

e. Community goals that would be met by any proposed annexation This area was identified in the 2008-2015 Annexation program. Annexation of the site furthers the goals of annexing a portion of this County Island.

f. The efficient and cost effective provision of service areas and capital facilities This land was developed under Washoe County’s jurisdiction in 1965. Service areas and capital facilities have been provided for all development which has occurred under the City of Sparks jurisdiction since the City initially exerted planning jurisdiction over the area in 1980.

g. Any other factors concerning any proposed annexation deemed appropriate for consideration by the governing body of the city. This area has been included in the City’s sphere since 1980 and in the most recent Annexation program (2008) was again identified for potential annexation. Annexing this parcel furthers the goals of the Annexation Program.


FINDING A1: The request conforms to the requirements of NRS 268. Per the Nevada Revised Statutes (NRS), annexations within counties whose population level is at 100,000 or more, but less than 600,000 (which includes Washoe County) that has adopted a comprehensive regional plan pursuant to NRS 278.026-278.029, inclusive, also needs to adopt an annexation program per NRS 268.625. The city had its annexation program certified through the required processes as laid out in NRS 268.625. The project site is a contiguous annexation and complies with the goals and policies set forth in NRS and the Sparks Annexation Program. The annexation request is voluntary, is consistent with the certified annexation program and services and facilities required for the development of the land proposed for annexation were considered when the site was included and identified in the Annexation Program.

FINDING A2: The request conforms to the findings established for annexation applications pursuant to the Sparks Municipal Code Chapter 20.23. Sparks Municipal Code 20.23 requires annexations to be reviewed subject to the following:

A) Location of the property to be considered for annexation: The property being considered for annexation is generally located north of Shadow Lane, east of Sparks Boulevard, west of Vista Boulevard, and south of Satellite Drive.

B) The logical extension of City limits: This proposed property is a logical extension of City limits. The site is already developed and receives response from Sparks’ public safety services. If the property owners intensify, they will be required to utilize Sparks sewer service and TMWA water service.

C) The need for the expansion to accommodate planned regional growth: The property is within the City of Sparks' Sphere of Influence. The property exists within a “County Island.” The City of Sparks has notified Washoe County that a property owner has requested annexation and that the City of Sparks has assumed planning jurisdiction over this area within the Sphere of Influence. The site does accommodate planned growth for the City of Sparks, which is why it was identified in the 7 year annexation program.

D) The location of existing and planned water service: Water service is within proximity of the parcels being considered for annexation. The site does not currently receive municipal water services and is served by a well. Any intensification at the site would require connection to municipal sewer and water service.

E) Community goals that would be met by the proposed annexation:

Goal LU1: To create a growth pattern which assures flexible, feasible and efficient development and which includes natural and cultural amenities

Policy LU1d: Prohibit intensification, development beyond what is permitted by existing (translated) zoning, the subdivision/parceling of land or a change including an increase in zoning on property within the sphere of influence prior to annexation.

Action Strategy: "Allow only developments which meet the proper land use designation of the City's Master Plan and the Regional Plan." This annexation proposal would comply with the existing City of Sparks assigned land use designation of Agriculture.

F) The efficient and cost effective provision of service areas and capital facilities: The property is within the City of Sparks' Sphere of Influence. Annexation of this area does not, in and of itself, allow for any additional development to occur so the annexation does not mandate provision of all city services as the residential structure is a conforming use by Sparks’ zoning standards.

G) Fiscal analysis regarding the proposed annexation: Per the Fiscal Analysis submitted with the application the estimated cost to the City of Sparks to provide Police, Fire/EMS, Public Works, and administrative overhead services is $5,253 through 2023. Per the fiscal analysis, the estimated revenue through 2023 for the City of Sparks is estimated at $6,370 leaving a net surplus of $1,117 over ten years or approximately $111 per year.

H) Whether Washoe County has adopted a Community Management Plan for the proposed annexation area: The property is not within a Washoe County Community Management Plan Boundary.

I) Whether the annexation creates any islands: The annexation would not create a county island. The voluntary annexation reduces the size of an existing “County island” which was identified for annexation as late as 2008.

J) Any other factors concerning the proposed annexation deemed appropriate for consideration by the City Council. As an annexation is not an approval of development, cannot be conditioned, and the existing development at the site is a conforming structure, there will be no requirement for the property owners to utilize municipal water and sewer services at the site unless, at a later date, the property owner wishes to intensify the use of the existing parcels. This is a voluntary annexation. The request has been made by the property owner.

FINDING A3: The property requested to be annexed conforms to the Master Plan as it is within the City's Sphere of Influence and Seven Year Annexation Plan. The City of Sparks initially exerted planning jurisdiction in 1980 and the site was again identified in the 2008 7-year Annexation Program as a property to be annexed within seven years.

FINDING A4: 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 the Nevada Revised Statutes. The Planning Commission and the City Council meetings function as the public hearings for this item. Annexations are noticed, at a minimum, to all property owners within 750 feet of the respective property.

Alternatives: The Council may choose to remand the request back to the Planning Commission or the Council may choose to deny the request.

Recommended Motion:

I move to adopt Bill No. 2662 and approve the Annexation request associated with PCN13019 to Annex approximately 2.6 acres into the City of Sparks based on findings A1 through A3 and the facts supporting these findings as set forth in the staff report.

Attached Files:
     site plan.pdf
     vicinity map.pdf
     7 year annexation map.pdf
     Annexation ordinance.docx
     Exhibit a and b.pdf
     Annexation ordinance.pdf
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