Sparks City Council Meeting 6/26/2017 2:00:00 PM

    Monday, June 26, 2017 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

Planning and Zoning Public Hearings and Action Items: 11.1

Title: SECOND READING, Public Hearing, consideration and possible adoption of Bill No 2717 to rezone a site approximately 4.09 acres in size from PO (Professional Office) to C2 (General Commercial) located at 4950 Vista Boulevard, Sparks, NV.
Petitioner/Presenter: The Rock Community Church/Ian Crittenden, Senior Planner
Recommendation: The Sparks Planning Commission and Community Services Department recommend approval of PCN17-0015; see suggested motion below.
Financial Impact: None
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

This is a request by the Rock Community Church to rezone a site approximately 4.09 acres in size from PO (Professional Office) to C2 (General Commercial).  This rezoning request is in conformance with the Comprehensive Plan and is appropriate for the site location.  The site is adjacent to other C2 zoned properties and single family residential properties.  Staff believes that all the findings can be made and recommended approval to the Sparks Planning Commission. On May 4, 2017, the Sparks Planning Commission voted to forward a recommendation of approval to the Sparks City Council (Exhibit 1).



Background:

This request is from The Rock Christian Community Church to rezone a parcel approximately 4.09 acres in size from PO (Professional Office) (Exhibit 5) to C2 (General Commercial) (Exhibit 6).

The site is located at 4950 Vista Boulevard (Exhibit 3).  The site is currently used as a church that was, according to the Washoe County Assessor’s records, built in 2006.  The church use was approved through Special Use Permit in 2003 (PCN03051).  In 2006 a Special Use Permit was approved for the operation of a preschool. In 2012 that Special Use Permit was amended under PCN12030 to increase the number of students and expand to include a private school and child care facility.



Analysis:

The 4.09 acre site has been utilized as a church and a day care since 2006.  The site is bordered by commercial property to the north, single family residential properties to the east, office and commercial properties to the south, and office and single family residential (across Vista Blvd) properties to the west.

Rezoning the city to C2 would provide the applicant the option of adding uses that are permitted in the C2 zoning district that are not available to them in the PO zoning district.  With the operation of the day care, the property has effectively been functioning as a commercial use for years.

The Comprehensive Plan Land Use designation for the site is C (Commercial) (Exhibit 4).  The permitted zoning districts in the C land use designation are PO, C1 (Neighborhood Commercial), C2, NUD (New Urban District), and PD (Planned Development).  Accordingly, the request to rezone the site to C2 is permitted under the existing Comprehensive Plan land use designation.

The uses permitted in C2 that are not permitted in PO are:

  • Multi-family (over 110 units by CUP)
  • Halfway House (by CUP)
  • Hotels and Motels (by CUP)
  • Resort, dude/guest ranch (by CUP)
  • Animal services, overnight
  • Payday loan establishment
  • Title loan
  • Pawnbroker (by CUP)
  • Craft distillery
  • Brewery
  • Grocer/Food market
  • Liquor store
  • Drive Through
  • Bail Bond services
  • Funeral and internment services
  • Maintenance and repair services
  • Tattoo parlor
  • Wedding chapel
  • Building materials sale and services
  • Convenience store
  • Nursery (commercial, retail, and wholesale)
  • Retail, general
  • Auto and truck repair, light
  • Manufactured home dealer (by CUP)
  • Vehicle rentals
  • Bar / Lounge
  • Cultural institution
  • Entertainment facility / Theater
  • Recreational Facility, major (by CUP)
  • Production, Craftwork
  • Building maintenance services
  • Commercial and industrial supply and equipment providers
  • Mini-warehouse (by CUP)

Uses permitted in C2 but that require a CUP in PO:

  • Call Center
  • Car wash
  • Gas station
  • Church or worship center
  • Event center/Banquet hall
  • Fraternal Club / lodge / community services facility
  • Media production

While the number of uses and the intensity of the above uses are greater in the C2 zoning district, it is not uncommon in the City of Sparks to locate C2 properties adjacent to residential properties. The C2 zoned properties to the north and south of this site are adjacent to the same single family neighborhoods as the subject property is.  This would grant the subject property the same zoning enjoyed by the neighboring properties to the north and south.

In addition to the change in permitted uses in the C2 zoning district, the applicable sign regulations also change.  Per SMC 20.04.010 (Signs), building mounted signs in PO are allowed to be 1% of the gross floor area of the business whereas in C2 they are allow 1 square foot for every linear foot of business frontage.  Freestanding signs are not allowed in PO but they are allowed in C2 at a rate of .35% for each linear foot of site frontage.  The sign regulation for the PO zoning district do not allow electronic message signs but they are allowed in the C2 zoning district.

The rezoning ordinance and legal description, and the list of corporate officers are attached as Exhibit 2.  The Regional Transportation Commission (RTC) was the only outside agency that responded to the City’s request for comments by effected agencies.  RTC’s response letter stated that they did not have any comments or concerns (Exhibit 7).

The public did contact staff with questions regarding this request.  All of the public comment that staff received was inquiring into the nature of the request by the applicant.   After receiving an explanation the citizens had no further questions or complaints.   Staff received three phone calls and three emails, the emails are attached as Exhibit 9.

REZONE:

FINDING Z1:

The request, as submitted, is consistent with the City of Sparks Comprehensive Plan.

RELATIONSHIP TO THE COMPREHENSIVE PLAN

  1. The Comprehensive Plan Land Use designation for the site is C (Commercial).  The C2 zoning is permitted by the C Land Use designation.  Rezoning from PO to C2 will not create any inconsistencies or conflicts between the Comprehensive Plan and the zoning.
  1. The Land Use Plan Goals and Policies in the 2016 Comprehensive Plan that are relevant to this proposal include:

Goal MG1            Support economic vitality by providing a non-residential land use base.

This site has been used as a church and day care since 2006.  Rezoning from PO to C2 allows the property owner more flexibility in how they will use their property.  C2 properties adjacent to residential properties are common in the City of Sparks.  There are buffering standards in SMC 20.04.006 (Landscaping and Screening) that are intended to mitigate the potential impacts of sound, noise, and visual screening of non-residential properties from residential properties   The rezoning to C2 is also permitted in the C (Commercial) Comprehensive Plan Land Use (Exhibit 4) designation.  As such, staff believes substantial evidence supports a finding of consistency with the City’s Comprehensive Plan.

FINDING Z2:

The project is consistent with the surrounding existing land uses.

The proposed zoning is consistent with the surrounding uses.  The surrounding uses are:

Direction

SURROUNDING LAND USES

ZONING

North: 

Commercial

C2

East:

Single Family Residential

SF6

South: 

Commercial and Day Care

PO and C2

West:

Single Family Residential

PO and SF7

 

Staff believes the proposed zoning of C2 is compatible with the adjacent uses.  The adjacent properties are zoned PO and C2 and thus are also for commercial uses. Any impacts to adjacent single family properties from the proposed C2 property can be mitigated through buffering and design standards.  If future uses that require City approval and would impact the adjacent residential properties to a greater degree than the existing uses are requested, staff would require additional mediation to mitigate those impacts.   Furthermore, commercial properties can be complementary to residential properties as they provide convenient access to goods and services. 

FINDING Z3:

Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code.

Public notice was published in the Reno Gazette-Journal on April 20, 2017 and notices were mailed to all property owners within 750 feet of the subject property (196 notices) on April 20, 2017 (Exhibit 8). The Planning Commission and the City Council meetings function as the public hearings for this item.



Alternatives:

To adopt Bill No. 2717 and approve the rezoning request associated with PCN17-0015.

To reject Bill No. 2717 and deny the rezoning request associated with PCN17-0015.

To remand the rezoning request to the Planning Commission with request for further review and consideration of the case.



Recommended Motion:

I move to adopt Bill No. 2717 and approve the rezoning request associated with PCN17-0015 based on Findings Z1 through Z3 and the facts supporting these findings as set forth in the staff report.



Attached Files:
     PCN17-0015_Exhibits1-9.pdf
     PCN17-0015_LegalDiscription.pdf
     PCN17-0015_Rezone_Ordinance.pdf
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