Sparks City Council Meeting 6/8/2015 2:00:00 PM

    Monday, June 8, 2015 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th St., Sparks

General Business: 9.14

Title: PCN12010 – Consideration of and possible action on a request for final approval of a Planned Development found in substantial conformance with the tentative approval for a 1,645 acre development in the NUD (New Urban District – Wingfield Springs) zoning district generally located north of Miramonte Planned Development, east of the Pioneer Meadows Planned Development and west of the Foothills at Wingfield Springs Planned Development, Sparks, NV
Petitioner/Presenter: Red Hawk Land Company/Karen L. Melby, AICP
Recommendation: The Planning Commission and Community Services Department recommends approval of PCN12010; see suggested motion below.
Financial Impact: N/A
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The item is the review and possible approval of the final handbook for Wingfield Springs Planned Development.



Background:

Wingfield Springs was originally annexed into the City of Sparks by the City Council on March 23, 1992.

Wingfield Springs was reviewed in 1992 as a Tentative Map and Planned Development Handbook.  It did not require a Master Plan Amendment because it reflected the designations and policies in the Northern Sparks Sphere of Influence Plan, an element of the Sparks Master Plan.  A condition was placed on the Tentative Map to require a rezoning to PD (Planned Development) prior to approval of the final map.

On June 13, 1994, the City Council approved a rezoning (Z-6-94) request from Loeb Enterprises, LLC., to rezone 692.9 acres from A-40 (Agricultural) to PD (Planned Development), allowing for a multi-use development with an overall density of 2 dwelling units per acre (DU/AC).  Also approved on this date was the Wingfield Springs Planned Development Handbook which included a land use plan and established the standards for development within Wingfield Springs.  The handbook called for an overall density of 2 DU/AC which allowed for a maximum of 1,396 dwelling units.  The handbook devoted 343 acres to residential (294 acres of single family allowing for 957 dwelling units and 49 acres of multiple family allowing for 439 dwelling units), 13 acres to commercial, 5 acres to office, 23 acres to a resort complex, 1 acre to a fire station, 88 acres to open space, 190 acres to a golf course and 35 acres to arterial, parkway and collector roads.

On October 13, 1994, the City of Sparks Planning Commission approved the first Master Plan Amendment (MP-6-94) for Wingfield Springs, amending the Northern Sparks Sphere of Influence Plan.  This amendment allowed for a total of 2,242 residential dwelling units and a Resort Hotel/Casino with 400 rooms.  More specifically, the Master Plan was amended to include 3.9 acres of NC (Neighborhood Commercial) and 8.0 acres of VC (Village Commercial), reduce the TC (Tourist Commercial) from 28 acres to 11 acres, and increase the permitted density for HDR (High Density Residential) from 15 DU/AC (15 Dwelling Units per Acre) to 20-43 DU/AC (20-43 Dwelling Units per Acre).  This amendment was certified by the City Council on October 24, 1994 and approved by Regional Planning on November 9, 1994.

On July 14, 1997, the City Council approved a rezoning (Z-10-97) request from Loeb Enterprises LLC to rezone this acreage 2.53 acres in the northern section (the area north of Vista Boulevard) from R1-40 (Single Family Residential) to PD (Planned Development) to allow for a community private school.

On February 27, 2001, the City Council approved an annexation (A-9-00), rezoning (Z-16-00) and Planned Development Handbook Amendment (MISC-8-00) from Loeb Enterprises LLC/Wingfield Springs to annex 140.73 acres into the City of Sparks, rezone this acreage from S (Study) to PD (Planned Development) and amend the Wingfield Springs Planned Development Handbook to incorporate approximately 139.82 additional acres into the Wingfield Springs project area, amend the amenity lot standards, and incorporate development standards for slopes.

On April 8, 2002, the City Council approved an annexation, rezoning, and Planned Development Handbook Amendment (PCN02009) request to annex approximately 163.0 acres into the City of Sparks, to rezone the 163.0 acres from S (Study) to PD (Planned Development), and to incorporate the 163.0 acres into the Wingfield Springs Planned Development Handbook.  The approved handbook amendment also altered the location and increased the size for the resort site and altered the development standards of the builder lots, resort complex, resort condominiums, golf club, neighborhood commercial, community school and multiple family apartments/townhouses/flats.

On August 23, 2004 the City Council approved a Planned Development Handbook Amendment (PCN04036) to allow for a fire station to be built in the Foothills at Wingfield or Wingfield Springs, to change the description and definition of golf cottages, to update the Sparks Municipal Code reference to signs, and to allow for a 15-foot front yard setback on builder lots with side loaded garages.

On May 9, 2005 the City Council approved a tentative and final Planned Development Handbook Amendment (PCN05007) request to change the “Special Purpose Sign Standards” to allow for directional and information signs for the golf club, golf course and accessory uses.

On August 27, 2007 the City Council approved a Planned Development Handbook Amendment (PCN05072) and supplemental development agreement request to remove the resort casino/hotel land use designation.  The amendment eliminated casinos as a permitted land use within the Wingfield Springs Planned Development while retaining the resort complex as a permitted land use.

On April 14, 2008, the City Council certified an amendment to the Master Plan to change approximately 24 acres of 1 DU/AC (1 dwelling unit per acre), approximately 24 acres of 4 DU/AC (4 dwelling units per acre), and approximately 118 acres of OS (Open Space) to approximately 73 acres of 1 DU/AC (1 dwelling unit per acre), approximately 58 acres of 4 DU/AC (4 dwelling units per acre), and approximately 39 acres of OS (Open Space),

On July 27, 2009, the City Council certified a Master Plan Amendment resolution to change the land use designation from General Commercial (GC) to Tourist Commercial (TC) on a site approximately 20.5 acres in size generally located east of Pyramid Highway, north of the Lazy 5 Park within the Tierra Del Sol Planned Development and to change the land use designation from Tourist Commercial (TC) to 5 du/ac (dwelling units per acre) on a site approximately 27 acres in size generally located at the southwest corner of the intersection of Vista Boulevard and Wingfield Hills Road in the Wingfield Springs Planned Development.

In 2009 the City processed a Master Plan Amendment (PCN10006) to change 6.3 acres from Open Space to General Commercial located on the north (3.4 acres) and south (2.9 acres) sides of Vista Boulevard, approximately 1/3 mile west of the Wingfield Hills Boulevard intersection.  Subsequently there was a request for Tentative Approval of an amendment to the Wingfield Springs Planned Development Handbook (PCN08012) to allow: the designation of the "outparcel" as Village 30, Golf Cottages, including establishing Village 23 with 20 units, Village 25 with 100 units, Village 27, Phase 3 with 42 units; modifying uses under the Golf Facility to include a wider range of neighborhood serving retail and commercial uses; and modifying Neighborhood Commercial to allow for a wider range of commercial uses, inclusive of minor administrative changes.

This agenda item was considered by the Planning Commission on May 17, 2012.  Prior to the Planning Commission taking action on the item, the applicant asked to withdraw the requests associated with proposed Villages 5A and 20A.  The Planning Commission approved the remaining master plan amendment requests and forwarded a recommendation for tentative approval of the amendment to the WIngfield Springs Planned Development Handbook to the City Council.

The item was originally considered by the City Council on April 8, 2013.  The City Council voted to table the item. On November 24, 2014, the City Council granted tentative approval of an amendment to the planned development handbook for Wingfield Springs which included addition of several new villages; changes to the land use map and table; and changes to the setbacks within the Builder Lot and Patio Home designations.

The Planning Commission reviewed the final handbook on May 7, 2015 and recommends the City Council approve the final handbook.



Analysis:

Sparks Municipal Code 20.18 regulates the review process for Planned Developments. Sparks Municipal Code 20.18.080 specify 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; 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.

Staff has reviewed the final draft of the Wingfield Springs Planned Development Handbook.  All of the changes, as approved by City Council on November 24, 2014, have been incorporated into the final draft handbook.

Based on the standards listed in NRS, staff is of the opinion that the final approval draft of the Wingfield Springs Planned Development 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 Wingfield Springs Planned Development Standards 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 no increase in the total ground areas covered by buildings nor is there substantial change in the height of buildings.  There are no changes proposed in the final Handbook.

It is staff’s opinion that the final draft amendment for the Wingfield Springs Planned Development Standards Handbook is in substantial compliance with the approved tentative Handbook.



Alternatives:

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.

  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. 

  1. 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.
  2. 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.


Recommended Motion:

I move to approve PCN12010 as the final draft is in substantial compliance with the City Council action on the Tentative Approval of the Amendment to Wingfield Springs Planned Development and the facts supporting these findings as set forth in the staff report.   



Attached Files:
     Wingfield Springs Development Agreement Handbook Revised April 2015.pdf
     Report of Action PCN12010.pdf
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