On April 14, 2003, the City Council certified the master plan amendment to change the land use designation for this parcel to Mixed Use and to realign Disc Drive.  On June 10, 2003, the City Council approved the rezoning of this property to New Urban District (NUD).  The City Council approved on June 28, 2004 the final Planned Development Handbook for Sparks Galleria.

On June 26, 2006, the City Council approved an amendment to the final planned development handbook. The amendment included corrections within the development plan and design standards to establish conformance of these plan elements to the actual build out of the project site.

On June 10, 2008, the City Council approved an amendment to: add outdoor sales and automotive smog check as permitted uses; allow single story homes in the residential area; and update the Land Use Designation Map to better illustrate the commercial development areas at build out.

This request represents the third amendment to the planned development handbook.

The Planning Commission reviewed the proposed handbook amendment on June 18, 2015 and recommend the City Council approve the tentative and final handbook amendment.

The existing Costco Service Station consists of three islands (six dispensers) with a total of twelve vehicle fueling positions/nozzles. Costco proposes to add one additional dispenser, each with two vehicle fueling positions, to each of the three existing fueling islands. This will result in an additional 6 vehicle fueling positions or a new total of 18.

This request is for tentative and final approval for an amendment to the Sparks Galleria Planned Development Handbook. The proposed amendment is minor in scope and does not affect the integrity of the overall approved commercial and residential plan.

The Sparks Galleria Planned Development Table 2-1a Land Use Matrix-Commercial lists Service Station with the restriction that the sale of gasoline and petroleum products is to have a maximum of 12 nozzles. The applicant is requesting to amend the Table 2-1a Land Use Matrix-Commercial to allow a maximum of 18 fueling positions. As proposed in the table, this increase to 18 fueling positions is restricted to only the existing Costco Gas Station.

Costco Gas Station would like to add the sale of diesel along with adding six fueling positions. This will benefit the service station by both adding the sale of diesel and also decreasing the wait time for customers. The proposed amendment only affects page 7-148 of the planned development handbook. The page is attached to this staff report and the new text is shown in red. To conserve paper, staff has not included the entire handbook with this proposed amendment. If any of the city council would like to see the entire handbook, the staff can provide a copy.

The amendment facilitates Costco Gas Station to expand their existing operation to better serve their customers.

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.

This amendment does not affect the potential for housing in the planned development and housing remains a major component in the build out of Sparks Galleria Planned Development.

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.

This amendment will allow the existing gas station to expand by providing a fueling option (diesel) and new fueling positions to better serve customers.

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 adding of fueling positions at the Costco Gas Station does not depart from zoning regulations nor does it change the density of the planned development.

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 amendment does not significantly change the size or mass of any buildings, though with this amendment the fuel canopy will be expanded to cover the new fueling positions.

PD8     The plan does depart from zoning and subdivision regulations otherwise applicable to the property and these departures are in the public interest for use.

The amendment allows an existing gas station to expand and will not depart from zoning regulations.

PD9     The ratio of residential to nonresidential use in the planned development is:

The proposed amendment does not change the ratio of residential to nonresidential use.

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).

The amended handbook would maintain the same landscape standards. The expansion will be over the stacking area for the gas fueling positions and will not affect the common open space or landscaping areas for the Sparks Galleria Planned Development.

The surrounding land uses and Zoning is summarized in the table below:

Costco Gas Station is located in an area of a mix of uses with a concentration of commercial land uses. The proposed expansion of the gas station is consistent with the development of the area.

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 Sparks Galleria 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 proposed amendment maintains the integrity of the plan by retaining land uses that were originally approved in the handbook for Sparks Galleria Planned Development while allowing for the expansion of the Costco Gas Station. The handbook was approved originally with a mixture of residential and commercial uses and this amendment does not change original concepts for development of the property. The proposed amendment facilitates the expansion of the existing gas station and will not impact of the neighborhood.  There are no changes in the land uses or master plan for Sparks Galleria.

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 final handbook for the Sparks Galleria Planned Development.  Based on the provisions listed in NRS, staff is of the opinion that the proposed amendment of the Sparks Galleria 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;

• 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 though the canopy will be expanded to cover the new fueling positions; and

• 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 Sparks Galleria Planned Development Standards Handbook does not substantially vary from the five criteria and conforms to the tentative handbook. Due to the fact that this request is an amendment to a recorded final handbook, staff determined this amendment should be reviewed through a public hearing process.

The City Council could deny the tentative and final handbook amendment.

I move to approve the tentative and final  amendment to the Sparks Galleria Planned Development Handbook associated with PCN15025, adopting Findings PD1 through PD21 and the facts supporting those Findings as set forth in the staff report.