On February 25, 2005, the City Council adopted the final Planned Development Handbook for Spanish Springs Town Centre.

On January 14, 2008, the City Council approved the tentative and final amendment to the Spanish Springs Town Centre Planned Development to allow for and include standards for lodging and 24-hour uses without a special use permit.  The northwest section of the planned development is built out with a mixture of uses.

This request is the second amendment requested to the planned development handbook.

Planning Commission reviewed the tentative handbook on April 21, 2016 and recommended that the City Council approve the planned development handbook with modifications. The modifications are to set back the mini-warehouse wall on the south property line 20 feet and reduce the height of the south wall to 10 feet. The 20 feet will be fully landscaped and gated off to prevent access except by mini-warehouse maintenance people. City Council approved the tentative handbook on May 23, 2016 with the modifications. The Planning Commission reviewed the final handbook on June 16, 2016 and finds the handbook in substantial compliance with the tentative handbook and recommends the City Council approve the final handbook.

This request is for final approval of the Spanish Springs Town Centre Planned Development Land Use Table to add “Mini-warehouse (with or without office and caretaker residence)” as a permitted use in the RCS02 Land Use Designation.  This is the only land use designation where mini-warehouse would be an allowed use. RCS02 is located on the eastern portion of the planned development on the southeast corner of Los Altos Parkway and Galleria Parkway. In Chapter 2 Development Standards Section V Architecture, a new section was added to establish the standards for construction of a mini-warehouse project and operations standards.

The proposed amendment does not affect the integrity of the approved commercial development plan. The final handbook includes all the requirements in the tentative handbook for the construction of the mini-warehouse project relative to the south property line. 

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.

Staff has reviewed the revised draft final Spanish Springs Town Centre Planned Development Handbook and determines it is in substantial compliance with the approved tentative handbook.  The final draft handbook:

• does  not vary the proposed gross residential density or intensity of the Spanish Springs Town Centre Planned Development Standards Handbook;

• does not vary the proposed ratio of residential to nonresidential use;

• does not reduce the common open space area;

• could potentially increases to the floor area proposed for the nonresidential use from the approved tentative handbook;

• could increase the total ground area covered by buildings but will not  substantially change the height of buildings. 

It is staff’s opinion that the final draft of the Spanish Springs Town Centre Planned Development Standards Handbook complies with the five criteria.  There are no residential uses in this planned development so the ratio of residential to nonresidential does not change. Potentially, the construction of the mini-warehousing project could increase the amount of nonresidential use floor area compared to a typical shopping center building but the impacts are not expected to be greater such as less traffic is generated and no commercial loading docks located on the rear of the building, mostly likely adjacent to the homes . The twenty foot setback from the rear property line addresses the issues raised by the neighboring single family homes to the south of the mini-warehouse project. 

The City Council could find the final handbook to not be in substantial compliance with the tentative handbook and deny the request to approve the final handbook. 

I move to approve the final handbook of the Spanish Springs Town Centre Planned Development Handbook associated with PCN15066, and the facts supporting those Findings as set forth in the staff report.