On December 11, 2006, the Sparks City Council approved the Legends at Sparks Marina Planned Development Handbook. The Final Approval of the Planned Development Handbook allows for a destination commercial, retail, and entertainment development of more than 1.3 million square feet. The Final Approval of this particular handbook (PCN06028 – The Legends at Sparks Marina Planned Development Handbook) consolidated all previous entitlements into one common handbook which will govern the entire approximately 148 acre development.

When the project was originally approved, a luxury motor coach dealer was anticipated to occupy the northwest portion of the development. Specific use standards were included in the handbook and all site plans showed the future dealership. Because a “big box” retailer was not contemplated at this location and generates additional traffic which involves further mitigation, the project is required to obtain a Special Use Permit per the planned development handbook.

The proposed project would allow for a “big box” retailer on 17.69± acres located in the northwest portion of the Legends at Sparks Marina Planned Development. The proposal is a part of a larger destination retail and entertainment center which calls for approximately 1.3 million square feet of retail, entertainment, and restaurant space. The project is intended to draw tourists and visitors from outside the Truckee Meadows. The project site is included in both the Redevelopment Area 2 Area Plan and the Transit Oriented Development (TOD) Corridor Area Plan. Design standards are regulated by the Legends at Sparks Marina Handbook and were derived from the Sparks Municipal Code, the Design Standards Manual (DSM), and the retired Marina Area Plan.

At project inception, both Walmart and Target were slated to construct stores within the Legends project. However, Walmart decided not to construct a store within the development at that time. As a result, Target moved to the Walmart location and Lowes subsequently backfilled the original Target location. At this time, Walmart desires to construct a new store within the development and have been working diligently with the master developer to accomplish this goal.

Per the Legends at Sparks Marina Planned Development Handbook, this special use permit is required because the project site was anticipated to include a luxury motor coach dealership and not a “big box” retailer. It’s important to note that retail is a permitted use at the proposed location and staff’s focus is on ensuring compliance with the requirements set forth in the planned development handbook and addressing identified impacts.

The project consists of approximately 180,000 square-foot retail building on 17.69± acres. The site is located east of Windsurfer Drive, south of E. Lincoln Way, and west of Legends Bay Drive.

Staff identified several concerns related to the proposed project including: traffic, access and circulation; loading/delivery, screening and noise; buffering of adjacent uses; and architecture.

With the additional retail space, there are additional traffic impacts. The traffic analysis shows more than 9,000 average daily trips associated with the proposed Walmart. Several intersection and roadway segments were studied to determine the impact of the development. In order to mitigate the traffic impacts associated with the project, staff is conditioning the developer to widen Marina Gateway Drive from 2 through lanes to 4 through lanes from E. Prater Way to E. Lincoln Way. With the widening of Marina Gateway Drive, the developer shall construct capacity improvements at the E. Prater Way and E. Lincoln Way intersections which allow them to function safely to the approval of the City Engineer. This includes a protected right turn lane from eastbound E. Prater Way to southbound Marina Gateway Drive. The developer will also be required to extend the southbound left turn lane from N. McCarran Boulevard to east bound E. Prater Way.

Because Windsurfer Drive will be utilized as the primary truck access for deliveries, the developer shall be required to improve the roadway from Bayshore Drive to E. Lincoln Way to the approval of the City Engineer.

Site circulation was also identified as a concern. Staff worked with the developer on a solution to alter the primary access at Marina Gateway Drive and E. Lincoln Way which minimizes pedestrian and vehicle conflicts (see attached site plan).

Another concern is the location and functionality of the loading dock/delivery area. The loading dock must comply with the screening requirements included in the Legends at Sparks Marina Planned Development Handbook. The handbook includes buffering standards which require masonry walls and landscaping. The handbook also requires a minimum setback of 75 feet between the nearest residential structure and any building within the Legends development. The planned development handbook prohibits deliveries between the hours of 10:00 PM to 7:00 AM. No truck idling is permitted between 10:00 PM and 7:00 AM.

The handbook limits noise generating maintenance such as parking lot sweeping or snow removal to between the hours of 7:00 am and 10:00 pm, seven days a week. Given the proximity of the project to the adjacent residential, the proposed conditions include that this portion of the overall Legends project maintain these hours for noise generating maintenance. The use of temporary storage containers located anywhere on the site are also prohibited.

The developer is required to limit all construction and construction-related activities per the criteria listed in the planned development handbook.

The development of the subject site shall comply with the architectural requirements established within the Legends at Sparks Marina Planned Development Handbook and City of Sparks Design Standards Manual. Building elevations must be consistent with those submitted with this application. Any substantial changes to the elevations shall be reviewed and approved by the Planning Commission as a general business item prior to the issuance of a building permit. The developer shall articulate long facades by varying building mass, form, texture, and interplay of solid and open areas. The design of the Walmart shall be of the same quality and character as the other buildings within the development.

The developer is required to work in conjunction with the utility companies to locate utility equipment such as electrical, gas and water junction boxes, including transformer boxes, vaults and electrical panels, in areas where the equipment is screened by either architectural elements that match the main structure's colors and materials or by adjusting the approved landscaping to compensate.

The site will be landscaped in accordance with the standards in the Legends at Sparks Marina Planned Development Handbook.

Project conditions require the developer provide sufficient access for pedestrians and bikes into the project site. The developer is required to provide pedestrian paths throughout the project site and provide connections to existing paths and trails. The developer must also locate bike racks at several locations throughout the development to encourage alternative methods of transportation.

The Legends at Sparks Marina Planned Development Handbook includes a Regional Transportation Commission requirement that the developer implement an Employee Trip Reduction (ETR) program for business with more than 100 employees. The ETR program should include some combination of transit use, bicycling, walking, carpooling, parking management, flexible work schedules and telecommuting.

To reduce the impact of glare and minimize the effect of parking lot lighting, lighting fixtures with external “hoods” and internal glare reduction louvers will be used. The Sparks Municipal Code states that light cannot spill beyond the property line. Per the Design Standards Manual, the maximum height of lights cannot exceed 43 feet (40-feet pole, 3-foot base). These requirements will help to reduce the impact of the lighting. A photometric plan will be required along with the building permit submittal package.

The project meets the threshold for a Project of Regional Significance because the proposal will generate more than 6,250 ADT’s (average daily trips).

An amendment of this special use permit will be required to deviate from the conditions of the approval or if there are any substantial changes to the proposal.

Based on the facts and findings in this staff report, and subject to the conditions of approval, staff recommends the City Council uphold the Planning Commission's approval of PCN12035.