2011 2:00:00 PM

Monday, October 10, 2011 2:00 PM
Legislative Building, 745 4th Street, Sparks, NV 89431

General Business: 6.5

Title: First reading and possible discussion of PCN11017 Bill# 2637,a rezoning request from the Galloway Living Trust for a site approximately 17,511 square feet in size from I/T (Industrial/Transitional Overlay) zoning to I (Industrial) zoning generally located at 1933 Frazer Avenue.

Petitioner/Presenter: Galloway Living Trust/Jim Rundle, Senior Planner

Recommendation: City Council will instruct the City Clerk to read the First Reading of the Bill by title on October 10, 2011, and thereafter publish a notice of a second reading and public hearing of this Bill for its adoption and possible approval on October 24, 2011.

Financial Impact: None

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: The petition for detachment was received on September 22, 2010 from the owner of the respective three parcels in the East Truckee River Canyon. The item was heard in a public hearing by the Sparks Planning Commission, and the Regional Planning Commission acting within its capacity as the Annexation Commission. Both boards have found the appropriate action for the City of Sparks is to detach the parcels from the City. Final action to remove the property from the City of Sparks is up to the Sparks City Council. The Planning Commission, Annexation Commission and Community Development Department recommend detaching the three parcels totaling approximately 375 acres associated with PCN09007 from the City of Sparks; 1st reading, no motion at this time

Background: CASE NUMBER(S): PCN11017 REQUESTED ACTION(S): Rezoning PROJECT DESCRIPTION: Rezone three parcels from I/T (Industrial/Transitional Overlay) to I (Industrial) PROPERTY OWNER: Galloway Living Trust APPLICANT: James Galloway LOCATION: 1933 Frazer Avenue SITE SIZE: 17,511 square feet EXISTING ZONING: I/T (Industrial/Transitional Overlay) PROPOSED ZONING: I (Industrial) EXISTING LAND USE: Concrete/Asphalt Production MASTER PLAN DESIGNATION: Industrial WARD INFORMATION: Ward 1 - Julia Ratti A PUBLIC HEARING IS REQUIRED This rezoning request is to remove a zoning designation overlaid upon an area of land which dates back to the City of Sparks' incorporation. In the early part of the 1900's Sparks became the home to Southern Pacific Railroad's primary railroad repair facility for the western United States, and remained the City's primary employer for approximately 60 years. Establishment of the railroad at the turn of the century initiated instant demand for housing; therefore, just west of the main facilities for the Railroad, a 50 block residential neighborhood was constructed for the Southern Pacific employees. The neighborhood provided excellent views of the Truckee Meadows and was embraced by the best paid employees for the railroad, the conductors, hence the name "Conductor Heights." Today, Conductor Heights exists as a shadow of its former self with only 7 of the original fifty blocks remaining. Over time the area has transitioned from residential to industrial for numerous reasons: " noise of the railroad provided a less attractive neighborhood than originally envisioned; " construction of Interstate 80 cut the area off from other residential and commercial uses to the north; " noise impacts of the Reno airport as the flight path for commercial airlines, National Guard aircraft, and private aircraft pass directly above the neighborhood o noise studies have reflected the area is in the 65-75 ldn noise range. In 1981 an ordinance was adopted establishing the T (Transitional) overlay and at the same time an ordinance was adopted to rezone Conductor Heights from a residential zoning to Industrial. The T (Transitional) overlay was added to this new Industrial designation so residents of Conductor Heights would be considered whenever a typical Industrial use was proposed at a site within proximity to the residents. Residents of Conductor Heights had lived there all of their life and many established residents were reluctant to move. The Transitional designation applied to the Conductor Heights neighborhood ensured these residents would be considered when an Industrial use was proposed by requiring any use, even those permitted by right with standard I (Industrial) zoning, go through a Special Use Permit process. The Special Use Permit process includes noticing of property owners within 500 feet of the proposed site and a public hearing where citizens can suggest certain mitigation be applied to the proposal.. More recently, in 2008, a comprehensive revision was completed to the Industrial zoning code. After the completion of this code amendment, approximately 80% of the uses that once required a special use permit review were now permitted by right with use standards. Removal of the special use permit requirement, in some cases, creates an expeditious and predictable environment business investment. The expeditious and predictable nature of the 2008 code amendment does not apply to Conductor Heights. By 2008, residential uses in the area had become sporadic as the area had transitioned and integrated into the Industrial zoning designation applied in 1981. The Transitional Overlay has effectively managed the transition of the neighborhood over 30 years and now James Galloway is asserting it should no longer apply to his property in this area.

Analysis: This staff report serves to support a request from James Galloway to rezone three parcels from I/T (Industrial/Transitional Overlay) to I (Industrial) at 1933 Frazer Avenue. As described in the "Background" section this area is no longer transitioning from a residential area but has become an industrial area. The Transitional Overlay impedes development of the property because of the requirement of the Special Use permit process. All other areas without the Transitional Overlay, which are within proximity to the respective site, allow for the same uses, but not require a Special Use Permit. The following table reflects uses permitted by right in the Industrial zoning district. The right column reflects that these uses would require a Special Use Permit for parcels with the Transitional overlay. Industrial Use Industrial Zoning District Industrial/Transitional Overlay District Auto and truck repair Permitted Permitted by Special Use permit Indoor Manufacturing Permitted Permitted by Special Use Permit Indoor Fabricating Permitted Permitted by Special Use Permit Indoor Processing Permitted Permitted by Special Use permit Building and landscaping materials supplier Permitted Permitted by Special Use Permit Concrete or asphalt production Permitted Permitted by Special Use Permit Contractor shop Permitted Permitted by Special Use permit Fleet Services Permitted Permitted by Special Use Permit Freight terminal Permitted Permitted by Special Use Permit Machinery and heavy equipment sales and services Permitted Permitted by Special Use permit Mini Warehouse Permitted Permitted by Special Use Permit Outdoor Storage Permitted Permitted by Special Use Permit Parking lot Permitted Permitted by Special Use permit Public utility and installation Permitted Permitted by Special Use permit Recycling Plant Permitted Permitted by Special Use Permit Research and Development Permitted Permitted by Special Use Permit Transfer Station Permitted Permitted by Special Use permit Truck Stop Permitted Permitted by Special Use Permit Vehicle towing and storage facility Permitted Permitted by Special Use Permit Wholesale distribution Permitted Permitted by Special Use permit Warehousing Permitted Permitted by Special Use Permit Goals of the Sparks Master Plan which will be implemented if the Rezoning action occurs include: Goal LU1: To create a growth pattern which assures flexible, feasible, and efficient, developments and which includes natural and cultural amenities. Policy Lu1a: The City will support a preferred growth pattern which applies consistent and uniform standards for areas planned for similar uses. Policy Lu1b: The City will ensure development is in accord with the Master Plan and other land use controls to accomplish growth management goals. The Site (as reflected on page 6) is south of Interstate 80, south of the railroad tracks, west of Rock Boulevard, and directly under the flight path for the Reno International Airport. The site in the Industrial area of Sparks and the surrounding uses to this site are compatible with Industrial uses. Specific surrounding use information can be found under Finding Z2 REZONING FINDING Z1: The project, as submitted and conditioned, is consistent with the City of Sparks Master Plan and Truckee Meadows Regional Plan. This proposal will implement the Truckee Meadows Regional Plan goals of promoting a land use pattern which promotes a more diverse and expanding economic base; promotes the compatibility of land use with regional airport operations; and support the revitalization of, and maintain the character of, established neighborhoods and communities while encouraging infill development that is appropriate for its surroundings. The goals and polices this rezoning will implement pursuant to the Sparks Master Plan have already been discussed. FINDING Z2: The proposal is consistent with the surrounding existing land uses. North Electrical Contractor West Roofing Contractor East Residential South Transfer Facility All of these uses are permitted uses in the Industrial zoning district with the exception of the residential. The residential is "sandwiched" between the Industrial use occurring at 1933 Frazer and an electrical contractor. The residential use is "grandfathered" and has been considered a nonconforming use since the T (Transitional) Overlay was applied in 1981. FINDING Z3: Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code. Public notice was given per the requirements of the Sparks Municipal Code and the Nevada Revised Statutes. The Planning Commission and the City Council meetings function as the public hearings for this item. REZONING FINDING Z1: The project, as submitted and conditioned, is consistent with the City of Sparks Master Plan and Truckee Meadows Regional Plan. This proposal will implement the Truckee Meadows Regional Plan goals of promoting a land use pattern which promotes a more diverse and expanding economic base; promotes the compatibility of land use with regional airport operations; and support the revitalization of, and maintain the character of, established neighborhoods and communities while encouraging infill development that is appropriate for its surroundings. The goals and polices this rezoning will implement pursuant to the Sparks Master Plan have already been discussed. FINDING Z2: The proposal is consistent with the surrounding existing land uses. North Electrical Contractor West Roofing Contractor East Residential South Transfer Facility All of these uses are permitted uses in the Industrial zoning district with the exception of the residential. The residential is "sandwiched" between the Industrial use occurring at 1933 Frazer and an electrical contractor. The residential use is "grandfathered" and has been considered a nonconforming use since the T (Transitional) Overlay was applied in 1981. FINDING Z3: Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code. Public notice was given per the requirements of the Sparks Municipal Code and the Nevada Revised Statutes. The Planning Commission and the City Council meetings function as the public hearings for this item. REZONING FINDING Z1: The project, as submitted and conditioned, is consistent with the City of Sparks Master Plan and Truckee Meadows Regional Plan. This proposal will implement the Truckee Meadows Regional Plan goals of promoting a land use pattern which promotes a more diverse and expanding economic base; promotes the compatibility of land use with regional airport operations; and support the revitalization of, and maintain the character of, established neighborhoods and communities while encouraging infill development that is appropriate for its surroundings. The goals and polices this rezoning will implement pursuant to the Sparks Master Plan have already been discussed. FINDING Z2: The proposal is consistent with the surrounding existing land uses. North Electrical Contractor West Roofing Contractor East Residential South Transfer Facility All of these uses are permitted uses in the Industrial zoning district with the exception of the residential. The residential is "sandwiched" between the Industrial use occurring at 1933 Frazer and an electrical contractor. The residential use is "grandfathered" and has been considered a nonconforming use since the T (Transitional) Overlay was applied in 1981. FINDING Z3: Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code. Public notice was given per the requirements of the Sparks Municipal Code and the Nevada Revised Statutes. The Planning Commission and the City Council meetings function as the public hearings for this item.

Alternatives: First Reading

Recommended Motion: First Reading

Attached Files:

20110925134045822.pdf

map.pdf

REZONING ordinance.pdf

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