On August 26, 2002, the City Council approved the final handbook for Marina Landing Planned Development. On May 24, 2004, the City Council approved amendments to the Marina Landing Planned Development Handbook allowing the use of revised design standards for the development of the recreational park (RV Park). However, the City Council denied the expansion on the RV Park onto a 8 acre parcel located between the RV Park and Marina Gateway Drive. The 8 acres property was rezoned to NUD (New Urban District) but does not have an approved handbook to allow development of the property.

 The City Council approved an amendment to the Marina Landing Planned Development on February 27, 2012 to allow a gas station and convenience store (Marverik Gas Station and Convenience Store).

 A part of the Marina Landing Planned Development Handbook is a 2.46 acre parcel located at the northwest corner of Lincoln Way and Marina Gateway Drive. This parcel, referred to as the Marina Lighthouse area, has not been developed. The applicant is requesting to remove this parcel from the planned development handbook and develop it in combination with the 8 parcel to the north. There is a rezoning request associated with the handbook amendment which is reviewed as a separate agenda item.

The Planning Commission reviewed the rezoning request on May 5, 2016 and recommends approval. 

This request is to amend the Marina Landing Planned Development removing the Marina Lighthouse portion of this planned development handbook.  The Marina Lighthouse portion is 2.46 acres in size, reducing the planned development area to 17.26 acres. The handbook amendment eliminates all the development standards related to the Marina Lighthouse portion.

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 removal of the Marina Lighthouse portion of the Marina Landing Planned Development will not affect the public welfare or health of the Sparks Marina area. This property has not been developed and is the remaining vacant parcel in this planned development. The applicant is asking to remove this parcel from the handbook to allow it to be developed with the 8 acres to the north. The plan is consistent with the statement of planned unit development objectives. With the removal of this parcel, the planned development will be built out.

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 removal of the Marina Lighthouse parcel from the Marina Landing Planned Development does not depart from zoning or subdivision regulations that would otherwise be applicable to the property. Development of the property will have to comply with Zoning Code standards and requirements.

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

The removal of Marina Lighthouse area will not change the previously approved ratio of residential to nonresidential uses in this planned development as there are no residential 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 removal of Marina Lighthouse will not change the previously approved opens space requirements or maintenance provisions in this planned development.  The planned development was developed in accordance with the design standards in the handbook. There are no residential uses 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 removal of Marina Lighthouse area.

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 does not impact the already developed portions of the planned development.  Any impacts related to the neighborhood from a future project on the parcel proposed to be removed 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 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.  The proposed amendment only removes the Marina Lighthouse portion from the planned development so that if may be developed subject to the Zoning Code.

The proposed amendment maintains the integrity of the plan by retaining land uses that were originally approved in the handbook for Marina Landing Planned Development while removing a portion to be developed in conjunction with the parcels to the north.  The other portions of the planned development are built out. This amendment will only affect the Marina Lighthouse portion of the planned development.

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 revised final handbook for the Marina Landing Planned Development.  Based on the provisions listed in NRS, staff is of the opinion that the proposed amendment of the Marina Landing 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 since there are no residential uses as part of the 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; and

• there is no increase in the total ground areas covered by buildings nor is there substantial change in the height of buildings.  The amendment will reduce the area covered by the 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 request to amend the Marina Landing Planned Development Handbook.

I move to approve the request for tentative and final amendments of the Marina Landing Planned Development Handbook associated with PCN16013, adopting Findings PDa through PDg and the facts supporting those Findings as set forth in the staff report.