The City Council approved the Miramonte Planned Development handbook on April 25, 2005.  The Planned Development Handbook allowed approximately 244 acres of single family residential development (986-lots), 32 acres of multiple family residential development, and maintain approximately 555 acres of open space on a site approximately 831 acres in size.

As the project moved through the development process, several issues were identified which, in 2006, necessitated an amendment to the planned development handbook.  Additional uses such as underground public utilities and in-home child care for the number of children one caregiver may care for without a special use permit or site plan review were added as allowable uses.  Also included was a provision that a temporary sales trailer may be permitted for 6 months.   With the approval of the Administrator, a permanent sales trailer (on a foundation) may also be allowed.  This provision is consistent with current city code.

In both the SF6 and SF7 designations temporary sales office trailers, model home complexes, and construction yards were specifically listed as allowed uses; maximum building site area was changed to minimum building site area; minimum coverage of lot by structures was changed to maximum coverage of lot by structures; a provision which allows for "pop outs" was included; and, parking requirements for a model home complex were also modified.

The requested amendment proposes to revise the development standards by modifying the front yard setback requirements including reducing the front yard setback from 15 feet to 10 feet from the front property line to any livable space or a side load garage, reducing the setback from the front property line to a garage from 20 feet to 18 feet while maintaining a minimum 20-foot long driveway, allowing porches to encroach 5 feet in to the front yard setback, and increasing the maximum coverage of a lot by structures from 45% to 55% within the SF6 designation.

The property owner is requesting these changes in an attempt to stay competitive in the local housing market.  The changes are driven by market demand for certain types of housing and amenities.  Builders are constantly reacting to these demands and current trends.

In proposing the requested amendments, the applicant utilized the City’s design standards manual as a basis for the changes.  The design standards manual is referenced in the planned development handbook and was used as a guiding document in the development of the master planned community.  In short, the applicant is proposing to use some of the same concepts discussed in the design standards manual, specifically, a reduction in the front yard setback.  Because the proposed changes are consistent with the City’s design standards manual, staff is in support of the amendments.

The applicant is also proposing to increase the maximum coverage of a lot by structures from 45% to 55%.  The applicant is designing homes which have front covered porches and covered patios which are included within the roof structure for the homes, thus creating covered “outdoor living space.”  The minimum lot size within the development is 6,000 square feet.  Ten percent of 6,000 square feet would allow for an additional 600 square feet of lot coverage.  It’s important to point out that sheds, patio covers, or other accessory structure would also be included in this calculation.  The intent of this change would be to facilitate greater flexibility in design.

Staff’s primary concern is maintaining continuity throughout the development.  It is staff’s belief the proposed changes will help to enhance the development as a whole by providing additional flexibility which will in turn provide for more housing options as discussed in Findings PD1 and PD4 below.

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 project will be a high quality subdivision with an overall density of 1.7 dwelling units per acre.  This density is consistent with the density of the existing surrounding developments.  It is anticipated that the Miramonte development will offer a wide range of housing options, taking into account the existing housing types located to the north, west and south of the proposed project.  This includes both single family residential and multiple family residential units.

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.

This project is 100% residential.  There is no commercial component.  There are several commercial developments which are located at the Los Altos Parkway and Pyramid Highway intersection.  At the Sparks Boulevard and Pyramid Highway intersection, there is a large medical office/business park component.  Both of these areas are conveniently located to the proposed Miramonte 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 or private services.

This project will use the land in a responsible and efficient way through advanced planning and a realistic development scheme for this unique site. Development is proposed in areas of unconstrained or managed slope areas, as defined by the Truckee Meadows Regional Plan.  As such, the Miramonte Planned Development proposes to utilize the most developable portions of the land in a sensitive manner.

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.

The Miramonte Planned Development will provide opportunities for a wide spectrum of homes.

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 Miramonte Planned Development Handbook is intended to give the area a uniform theme and feel and is not intended to hinder development in the area.

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 proposed handbook is consistent with the Master Plan Designations of EDR and LMDR.  The development is consistent with the City of Sparks Standard Zoning Designations of R1-6, R1-7 and R2.  The overall density of the project is 1.7 dwelling units per acre.  This density is consistent with the densities of the existing, surrounding developments.

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 plan is consistent with the otherwise applicable zoning.  The site is best suited for low density cluster development to take advantage of the most developable portions of the property.

PD8:

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

Due to the location of the property at the eastern edge of the City of Sparks Sphere of Influence, any use other than residential (as is proposed) would be out of place.  As such, the proposed uses of residential and open space are appropriate for the subject property.

PD9:

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

Again, this development is 100% residential is nature.  The only non-residential uses would consist of the public facility site (water tank), which currently exists.  This development proposes to expand the public facility site with the addition of another water tank.  The other nonresidential uses are related to the recreational uses within the parks and open space.

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).

Of the 831 acres, nearly 555 acres have been designated as common area/open space on the site plan.  Two neighborhood park sites have been identified within the site, per discussions with the City of Sparks Parks and Recreation Department.  Approximately 66% of the total land area is to remain as common area/open space.  Common area/open space is provided throughout the development, creating pockets of development areas that generally follow the unconstrained slopes.  Development in this pattern retains drainage ways in an undisturbed fashion (with the exception of necessary roadway crossings) and retains most moderate and virtually all constrained slopes (as classified by the Truckee Meadows Regional Plan).  Perpetuation of public lands access at the eastern side of the site will be retained in the plan.

PD11:

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

This open space will be owned and maintained by the Homeowners’ 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 requirement for open space in a Planned Development is 20%.  The Miramonte development exceeds this minimum required amount of open space by providing more than three times the amount of required open space.

PD13:

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

As discussed in the “Public Infrastructure and Facilities” section of the handbook, public services will be provided and adequate in extent.  The utility infrastructure for this project has been designed to tie into the City’s and private utility purveyors existing utility infrastructure located outside of the boundaries of the project.  The final improvement plans will be submitted with the final map approval process and will be subject to the review and approval of the City Engineer.

PD14:

The plan does provide control over vehicular traffic.

The site design has been prepared such that a reasonable split of traffic to the two collector status streets serving the site (Vista Heights Drive and Belmar Drive) is maintained. Through discussions with RTC and the City of Sparks, a roundabout will serve to address intersection requirements on at Vista Heights Drive and Belmar Drive intersections with the arterial street (Los Altos Parkway).  With the proposed improvements, including the widening of Los Altos Parkway between Vista Boulevard south and Belmar, the traffic generated by the proposed development will not over tax existing roadways in the area.  If traffic calming is warranted, it will be constructed per the City of Sparks standards.

PD15:

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

Again, of the 831 acres, nearly 555 acres have been designated as common area/open space on the site plan.  Through the design of the Miramonte Subdivision approximately 633 of the 986 single family lots will back up to common area rather than to another lot.  As such, not only will those within the general subdivision area have the visual enjoyment of the open space, but, most significantly, those homeowners who are situated adjacent to the common area will enjoy these lands.  Perpetuation of access to public lands to the east is provided within the subdivision.

PD16:

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

This project contains uses and lot sizes that are compatible with the surrounding neighborhood.  Two neighborhood park sites are proposed within the Miramonte Subdivision.  The western most park site will be situated such that it provides a service area into the Vista Heights and Vista Terrace Subdivisions.

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.

It is expected that Miramonte will be built out over several years.  The majority of the development standards mirror the Sparks Municipal Code.  As such, the standards and conditions recommended by staff for the protection of the interests of the public and residents of the Miramonte development will be sufficient.

PD18:

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

The project, as submitted and conditioned, is consistent with the City of Sparks Master Plan.  The proposed development conforms to the Estate Density Residential and Low Medium Density Residential land use designations within the Sparks Master Plan.  The development also conforms to the hillside development and development constrained area requirements.

PD19:

The project is consistent with the surrounding existing land uses.

This project contains uses and lot sizes that are compatible with the surrounding neighborhood.  The subdivision has been designed so the proposed developed areas are within the most suitable slope areas (unconstrained slope areas) as defined by the Truckee Meadows Regional Plan.  Development in this manner, on this property presents a very logical extension from the existing Vista Heights, Vista Terrace and Desert Highlands subdivisions with greater densities to the west, where slopes are gentle and lesser densities to the east, as the terrain becomes steeper.

PD20:

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

The Planning Commission and City Council meetings will function as the public hearings for this tentative subdivision map.

PD21:

Modification of the Miramonte Planned Development furthers the interest for the City and the residents and preserves the integrity of the plan.

The proposed modification will maintain the integrity of the approved Miramonte Planned Development.  There are no changes in the land uses or master plan for the Miramonte Planned Development.  It is staff’s belief the proposed changes will help to enhance the development as a whole by providing additional flexibility which will in turn provide for more housing options as discussed in Findings PD1 and PD4 above.  Therefore, the proposed changes will further the interests of the City and its residents and preserves the integrity of the plan. 

Final Approval

Sparks Municipal Code 20.18 regulates the review process for Planned Developments.  Sparks Municipal Code 20.18.080 discusses the review process for the final approval of a planned development as follows:

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:

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

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

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

4. Substantially increase the floor area proposed for nonresidential use;

5. 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.(Ord. 2129, Add, 02/11/2002)

Nevada Revised Statutes (NRS) 278A.540 states what constitutes substantial compliance with a tentatively 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:

1. Vary the proposed gross residential density or intensity of use;
2. Vary the proposed ratio of residential to nonresidential use;
3. Involve a reduction of the area set aside for common open space or the substantial relocation of such area;
4. Substantially increase the floor area proposed for nonresidential use; or
5. 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.

Based on the standards listed in the NRS, staff is of the opinion that the final approval draft of the Miramonte Planned Development Handbook is in substantial compliance with the tentatively approved plan as approved by the City Council.  The final draft handbook:

• does not vary the proposed gross residential density or intensity of the  Miramonte Planned Development Handbook;

• 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 a 10% increase in the total ground areas covered by buildings/structure but no substantial change in the height of buildings.

While the amendment requests an increase in the percentage of a lot covered by structures, staff believes the 10% change is not significant.  Although the tentative and final approval requests are being processed simultaneously, a public hearing is required.  It is staff’s opinion that the final draft of the Miramonte Planned Development Handbook is in substantial compliance with the approved tentative Handbook.

If the City Council is not of the same opinion as staff, then NRS 278A.550 lays out the proceedings if the plan is determined not to be in substantial compliance with the tentatively approved plan.

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

(c) File a written request with the city or county that it hold a public hearing on his application for final approval.

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.

I move for Tentative and Final approval of a request for an amendment to the Miramonte Planned Development Handbook associated with PCN14014, 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 Planning Commission does not recommend that the City Council require a bond at this time as stated in NRS 278A.490.