The 30.5-acre property is located generally south of Desert Highlands Drive, north and west of Los Altos Parkway and east of Vista Boulevard. (Refer to Exhibit A – Vicinity Map)

On December 12, 2006, the City Council approved a rezoning request for the subject property from R1-40 (Single Family Residential – 40,000 square foot minimum lot size) to NUD (New Urban District). At the same public hearing, the City Council approved the tentative planned development handbook for Sierra View Town Homes. The City Council approved the final handbook on February 12, 2007, and it was recorded May 7, 2008. A tentative map for the 45 town home lots was on February 14, 2007. A final map was never recorded and the tentative map expired.

On November 16, 2017, the Planning Commission reviewed the proposed amendment to the Sierra View Town Homes Planned Development Handbook and recommended that the City Council approve the final handbook based on the findings as set forth in the staff report.

This handbook amendment applies to the Sierra View Town Homes Planned Development, consisting of a total of 30.5 acres and a proposed 45-lot town home development. Based on a slope analysis in the planned development handbook, the developable area is limited to 15.09 acres.  The area to be improved for the 45 town home lots is 4.33 acres.

The amendment proposes new architecture in a contemporary design for the town homes. The new design of the town homes is based on split level grading which reduces the overall site grading. Discussion of the architecture starts on page 22 in the planned development handbook.

There are minor changes throughout the handbook as a result of the new architectural design. The handbook establishes development standards for the project including architecture, landscaping, grading, amenities, lighting and signs. The access roadway, called Tecumseh Court, will be a private street, as identified in the previously recorded final handbook.

There are two types of town home designs. On the north side of the private road are the “uphill” units which have a garage at street level and living space in two stories above the ground floor garage.  On the south side of the private road are the “downhill” units, modified to have a walkout basement with a garage in the middle of the unit. The downhill units rise two stories from the private street, which reduces the ‘canyon’ feel and allows the uphill units to have a third story that overlooks the downhill units. The new unit design provides for a reduction in grading of the site and in the number of rockery walls.

Title 20 (Planning and Zoning) of the Sparks Municipal Code (SMC) is currently silent on the procedure and findings the City must use when considering modification of a planned development handbook that has previously received final approval. On November 2, 2017, the Planning Commission considered and recommended approval of SMC 20.02.012(G), which would clarify the procedures and findings required to modify an approved final handbook. The proposed addition of Section 20.02.012(G) is based on NRS 278A.380-420 (Enforcement and Modification of Provisions of Approved Plan) and mirrors, in part, the City’s rezoning procedure.

Because City Council approval of the proposed procedure for modifying a final planned development handbook is still pending Council adoption, the requested amendment to the Sierra View Town Homes has been reviewed both by:

1. employing the procedures and criteria for final approval of a planned development prescribed in SMC 20.02.012(F) and NRS 278A.540, which are intended for reviewing an application for final approval of a tentatively approved planned development; and
2. using the process and findings for modification of a final approved plan as specified in the proposed amendment to Title 20 and NRS 278A.380-420.  

Findings for Final Approval

After considering both sets of standards, the Planning Commission recommends approval of the modification application.

S.M.C. 20.02.012.F Procedure for final approval

1.         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. 

2.         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.

3.         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.

4.         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.

The proposed amendment to the Sierra View Town Homes Planned Development Handbook is, as discussed below, in substantial compliance with the previously approved final plan based on the criteria in SMC 20.02.012(B), which are taken from NRS 278A.540.

Staff has reviewed the development standards in the amended Sierra Town Homes Planned Development Handbook and have determined they are consistent with the development standards in the recorded final handbook. The amended final handbook:

-    does not vary the proposed gross residential density or intensity from the recorded Sierra View Town Home Planned Development Handbook;

The overall site density is 1.5 dwelling units per acre. The proposed amended handbook does not propose any changes to the density of the project.

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

Non-residential uses are not proposed in either the previously approved final planned development handbook or the proposed amended planned development handbook. The recorded final handbook has 4.33 acres of developable area for the town home lots. The proposed amended final handbook does not change the developable area.

-   does not reduce the common open space area;

The proposed amended handbook has 26 acres of open space and is consistent with the recorded Final Handbook.

-   there is no increase to the floor area proposed for the nonresidential use from the approved tentative handbook; and

Non-residential uses are not proposed in either the approved final planned development handbook or the proposed amended planned development handbook.

-   there is no increase in the total ground areas covered by buildings nor is there substantial change in the height of buildings.

The proposed amended handbook does not propose any changes in the developable area or ground areas covered by buildings. The recorded final handbook illustrates, in the architectural elevations, a proposed height of 33 feet. With the new architecture, there are two different maximum heights. The “uphill” units have an overall height of 34’-6”. The downhill units have an overall height of 24’-6”. The average height is 29.6 feet. The proposed amendment therefore does not propose a substantial change in the height of buildings. 

Based on the five substantial compliance criteria listed in SMC 20.02.012(B)and NRS 278A.540, the Planning Commission determined that the amended final planned development handbook for the Sierra View Town Homes Planned Development is in substantial compliance with the recorded final handbook as approved by the City Council.

Findings for Modification of Final Approved Plan

SMC 20.02.012.F does not require a public hearing if an application for final approval is in substantial compliance with the tentatively approved plan. However, because this application is for modification of a handbook with a previous final approval, a public hearing is being conducted in compliance with NRS 278A.410(2).

The proposed addition of Section 20.02.012(G) to the Sparks Municipal Code includes 10 findings required for the modification of a final planned development handbook. The proposed required findings are that modification of the approved final plan:

Finding A: Is consistent with the City’s Comprehensive Plan and Truckee Meadows Regional Plan and otherwise consistent with Nevada and federal law

The Truckee Meadows Regional Plan Goals relevant to this planned development are:

Goal 1.1 Between 2007 and 2030, at least 99% of the region’s population growth and 99% of the region’s jobs growth will be located in the Truckee Meadows Service Areas (TMSA).

The property is located within the City of Sparks portion of the TMSA.

Goal 2.3 Local governments will review and revise their master plans to include management strategies for areas with natural slopes greater than 15 percent but less than 30 percent.

The property is designated Open Space and Intermediate Density Residential on the Land Use map of the Sparks Comprehensive Plan. Part of the property was approved for town homes in 2007 and the development plan in the planned development handbook is consistent with the land use designation.

The Comprehensive Plan Goals and Policies that are relevant to this proposal include:

Goal MG6:  Promote compact development to reduce the per capita cost of providing infrastructure, public facilities and public services.

Policy CF1:  When reviewing new development, the City will not approve an application unless the City services can be provided at acceptable service levels.

Policy RC22: Maintain development restrictions and standards in the Sparks Municipal Code as necessary to conform to policies in the Truckee Meadows Regional Plan pertaining to Development Constraints Areas and for slopes with gradients over 30%.

Policy RC23 Require new developments to preserve and protect significant natural amenities, unique features (e.g. rock outcroppings and drainage ways) and other natural features.

The town home project is a cluster development that involves developing only 4.33 acres of the 30 total acres, supporting Goal MG6. This site has been anticipated to be developed as 45 town homes and has been included in the City’s sewer modeling and traffic studies and therefore will not change the service levels, supporting Policy CF1. The project would be served by Fire Station 4 and is located within the six-minute response time. The Sparks Fire Department is requiring the units to have fire sprinklers installed because there is only one access point to the site. This is required per a standard on page 18 of the handbook.

The handbook includes a slope analysis which calculates that approximately 15 acres could be disturbed. The proposed project will disturb much less area than permitted. The balance of the property has steep slopes and will remain open space. The slope analysis and planned project support Policies RC22 and RC23.

Finding B:  Is consistent with the surrounding land uses

Sierra View Town Homes Planned Development is located on an isolated section of the hills known as Desert Highlands/Liberty Hills subdivision. The town home sites are surrounded by open space on the north, east and west sides. The open space to the east and north is within the Desert Hills Planned Development. To the west, the open space is part of the Liberty Hills subdivision. On the south side of Los Altos Parkway are commercial uses. The cluster design proposed by this handbook will preserve over 80 percent of the site as open space. The town homes are not located adjacent to any existing single-family homes. For these reasons, the Planning Commission determined that the proposed town home project is consistent with surrounding land uses.

Finding C:  Will be fiscally positive to the City for a period of at least 20 years if the site affected by the modification, removal or release is 20 or more acres and the modification, removal or release involves permitted uses, residential density or nonresidential intensity

Finding C is not applicable as the proposed modification of the planned development does not change the permitted uses, residential density or non-residential intensity. It is important to note however, that the street and improvements will be private and maintained by a homeowners’ association.

Finding D:  Furthers the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan as finally approved

There are no existing residents or property owners living within the planned development and therefore this proposed amendment to the handbook will not impact any residents within the planned development. The proposed changes are in substantial compliance with the approved final planned development handbook, preserving its integrity.

Finding E:  Will not impair the reasonable reliance of the residents and owners upon the provisions of the plan

To date, no development has occurred within the Sierra View Town Home Planned Development so there are no residents relying on the provisions of the plan. The owners of the property have requested the changes to the plan.

Finding F:  Will not result in changes that would adversely affect the public interest

The proposed amendments to the handbook include an updated architectural design which reduces the number and size of rockery walls. The public’s interest will not be affected by the amendment as the proposed changes are in substantial compliance with the previously approved final planned development.

Finding G:  Is consistent with the efficient development and preservation of the entire planned unit development

There is no change in the number of town home lots, remaining at 45 lots. The 26 acres of open space on the site will not be affected.

Finding H:  Does not adversely affect either the enjoyment of land abutting upon or across a street from the planned unit development or public interest

The town home lots are located along an isolated section of Los Altos Parkway and do not adjoin any single-family homes. The existing single-family homes to the north are located at a higher elevation than the town home unit sites. The only access to the site will be directly from Los Altos Parkway and not through any other development in the area. The Planning Commission determined that the commercial uses across Los Altos Parkway to the south should not be adversely affected.

Finding I:  Is not granted solely to confer a private benefit upon any person

There is one owner of the property. However, the proposed amendments to the planned development handbook benefit the overall project and future homeowners by improving the architectural design and providing split level town homes, reducing site grading.

Finding J:  Public notice was given and a public hearing held as required by the Sparks Municipal Code and Nevada Revised Statutes

Public notice was given per the requirements of the Sparks Municipal Code and Nevada Revised Statutes. The Planning Commission and City Council meetings function as the public hearings for this item. This request was noticed, at a minimum, to all property owners within 750 feet of the subject properties; 114 property owners were mailed notices. Public notice was published in the Reno Gazette Journal on November 3, 2017.

1.  The City Council can approve the amendment to final planned development handbook for Sierra View Town Homes associated with PCN17-0028 as the amended final handbook supports the findings, as set forth in the staff report.

2.  The City Council could find that the amended final planned development for Sierra View Town Homes does not support the findings as set forth in the staff report or remand it back to the Planning Commission.

I move to approve the amendment to final planned development handbook for Sierra View Town Homes associated with PCN17-0028 as the amended final handbook supports the findings as set forth in the staff report.