On May 8, 1995 the City Council approved a Master Plan Amendment, zone change and tentative subdivision map for the property covered by the Crestgate Pyramid Handook. The tentative subdivision map was for development of 52 single family residential lots and created two office parcels. The tentative map expired.

On December 8, 1997, the City Council approved a Master Plan Amendment, and zone change to the Planned Development (PD) and tentatively adopted the Planned Development Design Standards Handbook and a tentative subdivision map for 11 parcels.  The planned development, called Crestgate Pyramid Planned Development, included a 150-unit independent living facility for senior citizens, 100-unit assisted care living facility, seven office parcels and two restaurants with low-volume retail/office uses on the 2^nd floor.  The Planned Development Handbook was reviewed and approved under the old process prior to the recording of Handbooks.  Therefore, on December 9, 2002, the Sparks City Council approved the final handbook for Crestgate Pyramid Planned Development that included 250 senior housing units, seven office parcels and 2 low volume commercial pads.

On September 13, 2004, the City Council approved the final handbook for another amendment to the Crestgate Pyramid Planned Development to allow the options on Parcels D and E (now Parcels 3 and 4) of either senior apartments or a maximum of 8 office buildings.  The amendment also included some minor corrections throughout the handbook.  The architecture section included the proposed architectural elevations for the possible offices on Parcels D and E. 

On June 12, 2012, the Sparks City Council approved the final draft of the Crestgate Pyramid Planned Development Handbook request associated with PCN11029 as the final draft was found in substantial compliance with the City Council’s action on the tentative approval of the 2^nd Amendment to the Crestgate Pyramid Planned Development.

Crestgate Pyramid is divided into 4 areas. Constructed in Area 1 is an auto parts store. In Area 2, ten office buildings have been constructed. In Area 3, personal storage was constructed. Areas 1, 2 and 3 are built out. The ten office buildings are one story and designed to have a residential character in Area 2. Area 4 is the only area still undeveloped.  The proposed amendments to the handbook  only affect Area 4. (Refer to Figure 1.5 – Development Areas on page 1-10).

On September 4, 2014, the Planning Commission held a public hearing to review the amendment for adding the option of expanding the personal storage into Area 4. The Planning Commission recommends approval. At the public hearing, there was one person who spoke in favor of the project. Staff received one email in favor of the proposed amendment. 

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

The Crestgate Pyramid Planned Development is designed to be a transitional land use between the shopping center and traffic on Pyramid Highway and the single family homes to the south and west. Maintaining offices along the public portion of Roberta Lane and placing the personal storage between the office buildings, will help sustain the transitional role of the area.

The subject site and surrounding land uses are described as follows:

SURROUNDING LAND USES & ZONING

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 Crestgate Pyramid 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 sustaining the office residential character along Roberta Lane. Installing the streetscape in front of the the personal storage wall as required by the handbook will soften the appearance of the personal storage from Roberta Lane. The proposed uses will generate less daily traffic than either the all office plan or the senior housing would have generated. The vehicular and pedestrian circulation is maintained with the amendment. Crestgate Pyramid Planned Development will still function as a transitional land use between the shopping center on the corner of Pyramid Way / McCarran Boulevard and the residential to the west and south.  

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:

                        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 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.

1. 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.
2. 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.

3. 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.
4. 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 requested changes to the final handbook of the Crestgate Pyramid Planned Development Handbook.  The final draft handbook:

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

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

• does not reduce the common open space area;

• does not increase the floor area proposed for the nonresidential use from the approved tentative handbook;

• could increase the total ground area covered by buildings and substantial change in the height of buildings.

If the personal storage is constructed rather than the RV storage parking, there will be increased ground coverage by buildings; however the increase is less than approved in earlier versions with senior housing. The personal storage construction would change the coverage from paved parking lot to covered storage. It is staff’s opinion that the final draft amendment for the Crestgate Pyramid Planned Development Standards Handbook does not substantially increase the ground coverage and therefore complies with the five criteria.  The proposed amendments preserve the integrity of the plan and protect the nearby residents. 

The City Council can deny the request to amend the Crestgate Pyramid Planned Development.

I move to approve the request for Tentative and Final approval of an amendment to the Crestgate Pyramid Planned Development Handbook associated with PCN14030, adopting Findings PD1 through PD21, the Final Handbook Criteria and the facts supporting those Findings as set forth in the staff report. The City Council does not recommend that a bond be required at this time as stated in NRS 278A.490.