On November 8, 2008, the City Council adopted the final Planned Development Handbook for Copper Canyon.

This is the first request to amend the Handbook.

The existing land use table for Copper Canyon does not allow for gas stations in any of the land use designations.  This request is to add gas stations to the land use table as an allowed use in the Mixed Use (MX) land use designation. 

There is a developer interested in a 3.395 acre portion of Copper Canyon, located immediately northeast of the Vista Boulevard and I-80 interchange.  The site has a Mixed Use (MX) land use designation.  The developer’s proposed plan includes two drive-through restaurants and a gas station with a convenience store. 

The proposed amendment will alter the handbook to allow for a gas station in the Mixed Use land use area, which would only changes the zoning for this planned development.  This or any other development proposal will still require an Administrative Review before construction. Through the Administrative Review process impacts specific to this or other development projects will be considered and mitigated.

On March 3, 2016 the Planning Commission voted to forward a recommendation of approval to the City Council for this item.   

This request is to amend the Copper Canyon Planned Development Land Use Table to add “Gas Station” as a permitted use in the Mixed Use Land Use Designation.  The Copper Canyon Planned Development Table 3-1 (Land Use Table) does not list gas station or service station as a permitted use in any of the Land Use Designations. 

This addition to Table 3-1 changes a single page (page 3-13) so that is all that staff has included with this staff report. If any of the City Council members would like to see the entire handbook, the staff can provide a copy.

The proposed amendment is minor in scope and does not affect the integrity of the approved commercial and residential development plan.  For this reason, staff is asking that the City Council consider both tentative and final handbook approvals at this time. 

PLANNED DEVELOPMENT FINDINGS:

PDa   In what respects the plan is or is not consistent with the statement of objectives of a planned unit development.

The statement of purpose for this planned development cites a desire to coordinate a mix of uses to create and sustain a high quality business environment.  The ability to locate a gas station within the planned development provides a necessary service for future employees commuting into and the future residents of Copper Canyon. 

PDb   The extent to which the plan departs from zoning and subdivision regulations, otherwise applicable to the property, including but not limited to density, bulk and use, and the reason why these departures are or are not deemed to be in the public interest.

The addition of a gas station use does not depart from zoning or subdivision regulations that would otherwise be applicable to the property.

PDc    The ratio of residential to nonresidential use in the planned unit development.

The addition of a gas station as a permitted use will not change the previously approved ratio of residential to nonresidential uses in this planned development.

PDd   The purpose, location and amount of the common open space in the planned unit development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.

The addition of a gas station as a permitted use will not change the previously approved open space requirements in this planned development. 

PDe    The physical design of the plan and the manner in which the design does or does not make adequate provision for public services and utilities, provide adequate control over vehicular traffic, and further amenities of light, air, recreation and visual enjoyment.

The Handbook’s provision for public services and utilities and for the amenities of light, air, recreation and visual enjoyment will not be impaired or altered by the addition of a gas station as a permitted use.  The amendment adds a use – gas station – as a permitted use in the Land Use Table. Any impacts related to vehicular traffic from a gas station would be addressed when a development application is reviewed. 

PDf     The relationship, beneficial or adverse, of the proposed planned unit development to the neighborhood in which it is being proposed to be established. 

The amendment adds a use – gas station – as a permitted use in the Land Use Table.  Any impacts to the neighborhood from a gas station would be addressed when a development application is reviewed.

PDg   In the case of a plan which proposes development over a period of years, the sufficiency of the terms of conditions intended to protect the interests of the public, residents and owners of the planned unit development in the integrity of the plan.

The Handbook’s 2008 terms and conditions intended to protect the interests of the public, residents and owners during an extended development period are not modified by this amendment. 

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 proposal to amend the final handbook for the Copper Canyon Planned Development.  Based on the provisions listed in NRS, staff is of the opinion that the proposed amendment of the Copper Canyon 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; 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 Copper Canyon Planned Development 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 Planning Commission reviewed this proposed amendment to the Copper Canyon Planned Development Handbook and recommends that the City Council approve the requested amendment.

1) City Council may choose to deny the request to amend the Copper Canyon Planned Development Handbook.

2) City Council may choose to require a bond as stated in NRS278A.490.

I move to approve a request for tentative and final approval of an amendment to the Copper Canyon Planned Development Handbook associated with PCN16004, adopting Findings PDa through PDg and the facts supporting those Findings as set forth in the staff report.  Because the request includes final approval City Council will not require a bond at this time as stated in NRS 278A.490.