Sparks City Council Meeting 3/12/2018 2:00:00 PM

    Monday, March 12, 2018 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, discussion and possible adoption of Bill No. 2732 to annex into the City of Sparks real property approximately 3.47 acres in size located at 3650 Wedekind Road, Washoe County, NV. (PCN16042)
Petitioner/Presenter: Lishu Liu, Applicant/Karen L. Melby, AICP, Development Services Manager
Recommendation: The City Council approve the annexation petition associated with PCN16042.
Financial Impact: The applicant submitted a fiscal impact analysis that projects the estimated revenues and costs associated with this proposed annexation. The fiscal impact on the City is discussed in the Analysis section of this staff report.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

This agenda item is a request by Lishu Liu to annex a site comprised of two parcels totaling approximately 3.47 acres and located at 3560 Wedekind Road. There is an accompanying request to rezone the properties from SF15 (Residential Single Family, 15,000 square feet) to SF6 (Residential Single Family, 6,000 square feet). On February 1, 2018, the Sparks Planning Commission voted to forward a recommendation of approval to the Sparks City Council of the annexation and rezoning requests (Refer to Planning Commission Report of Action). 



Background:

The subject property is on the south side of Wedekind Road and bordered on two sides by the Sparks city limits (Refer to Exhibit A – Vicinity Map). The request covers two parcels, 3.24 acres and 0.23 acres, totaling 3.47 acres. According to the Washoe County Assessor’s records, there are three residential units constructed between 1940 and 1951 on the two parcels. 

The City received applications for annexation and a zone change in August 2016. At that time, the City lacked the capacity to provide sewer service to the subject properties and was in the process of adopting the current Comprehensive Plan. The Comprehensive Plan includes a policy that the City will not annex properties until City services can be provided, or there is a plan and funding source to provide services, to the area proposed for annexation. The applicant agreed to postpone review of the annexation and zone change applications until the City knew whether sanitary sewer service could be provided to the subject properties. Accordingly, the applications were not processed until the 2017/2018 Capital Improvement Plan (CIP) was approved by the City Council on May 22, 2017. The CIP allocates funding to increase sanitary sewer capacity near the subject properties.

On June 15, 2017, the Planning Commission approved a City-initiated Comprehensive Plan amendment to change the land use designation from LDR (Low Density Residential) to IDR (Intermediate Density Residential) on the subject properties. On July 26, 2017, the Regional Planning Commission held a public hearing and determined that the Comprehensive Plan amendment conforms with the Truckee Meadows Regional Plan.  On September 11, 2017, the City Council certified the Comprehensive Plan amendment.

At the same June 15, 2017 meeting the Planning Commission also reviewed an annexation petition and a rezoning request (from SF15 to SF6) for the subject properties. During the Planning Commission public hearing, thirteen people spoke in opposition to the annexation request. Their concerns included traffic impacts on Wedekind Drive, increased crime, and residential density. The Planning Commission recommended that the City Council deny both the annexation petition and rezoning request because annexation of the property could also require the annexation of Wedekind Drive, which would have a negative impact on the City’s general and road funds.

On September 25, 2017, the City Council conducted public hearings for both the annexation petition and the rezoning request. However, during the period between the Planning Commission and City Council public hearings, the applicant proposed a new primary access to the subject properties from Garfield Drive. The access road required the applicant to obtain an easement from the First Church of Nazarene of Sparks. The easement is 65 feet wide and is located on the eastern portion of the First Church of Nazarene of Sparks property. This easement would allow for primary access to the subject properties from Garfield Drive, which is a City street (Refer to Exhibit E - Easement Documents).

Staff recommended that the City Council remand the annexation and rezoning requests back to Planning Commission to consider the new information. The City Council did so.

The Planning Commission reviewed the revised applications for annexation and rezoning on February 1, 2018, with the newly proposed access easement off Garfield Drive. 



Analysis:

The request is for voluntary annexation of two properties totaling 3.47 acres into the City of Sparks in anticipation of redeveloping the property. The three existing homes on the property are served by wells and septic systems. Annexation would permit these properties to receive municipal services (Refer to Exhibit B – Annexation Map).

Upon annexation, the Washoe County zoning designation would convert to the City’s SF15 (Single Family Residential – 15,000 square foot lots) zoning. The applicant has submitted a separate but companion application to change the zoning from SF15 to SF6 (Single Family Residential –6,000 square foot lots). 

On February 1, 2018, the Planning Commission reviewed this petition for annexation and recommended that the City Council approve the request based on the findings as set forth in the staff report.

ANNEXATION FINDINGS:

Finding A1.     The request conforms to the requirements of NRS 268.

The City’s Seven Year Annexation Program has expired. However, NRS 268.670 allows the Sparks City Council to consider annexing property without an annexation program if it is contiguous to the City limits and annexation is requested by 100 percent of the property owners. Because these properties are contiguous to the City limits and annexation is being requested by the only property owner, the annexation can be considered.

Finding A2.     The request conforms to the findings established for annexation applications pursuant to the Sparks Municipal Code Chapter 20.05.05.

Sparks Municipal Code 20.05.05 requires annexation requests to be reviewed based on the following considerations:

  1. Location of the property to be considered for annexation:

The properties being considered for annexation are located on the south side of Wedekind Road. The properties are contiguous to the City limits on two sides and are within the City’s Sphere of Influence.

  1. The logical extension of City limits:

The properties being considered for annexation are contiguous to the City limits on two sides. There are existing utilities in close proximity to the property. Access will be via a private easement through property owned by the First Church Nazarene of Sparks and all internal streets in the project will be privately maintained, reducing new costs to the City.

  1. The need for expansion to accommodate planned regional growth:

The property is within the City’s Sphere of Influence. Based on a study conducted by Truckee Meadows Regional Planning Agency, there is an existing housing shortage in the region. Redevelopment of the subject properties will modestly increase the region’s supply of single-family housing.

  1. The location of existing and planned water and sewer service:

The subject site is bordered on two sides by neighborhoods of single-family homes served by municipal utilities, placing water and sanitary sewer services in close proximity to the properties. Water service is provided by Truckee Meadows Water Authority and sanitary sewer is provided by City of Sparks. Sanitary sewer service cannot be provided to the subject site until the interceptor in Tyler Way is improved by the City. The developer will be responsible for the costs of extending a sewer line from the property to the Tyler Way interceptor.

  1. Community goals that would be met by the proposed annexation:

The Comprehensive Plan goals and policies that would be met by the proposed annexation are:

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

This site is an infill location within the McCarran loop. The subject properties are adjacent to an older part of Sparks with existing 6,000 square foot single family lots which are served by City services.

Policy MG7:    When reviewing annexation requests, the City will consider whether the proposed annexation: a) is included in the City’s Seven Year Annexation Program; b) is needed for the City’s growth within seven years; c) represents a logical extension of the City limits; d) allows for efficient and cost-effective provision of public services and capital facilities; and e) would be fiscally positive for a period of at least 20 years. When reviewing land use entitlements (e.g. master plan amendments, zone changes, tentative maps, conditional use permits) for land annexed within the previous 10-year period, the City may require an updated fiscal analysis if the proposed development materially varies from the development contemplated in the fiscal analysis prepared for the annexation.

Items a – d are discussed above. Item e is addressed in paragraph G below. 

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

This application was initially placed on hold until a sanitary sewer capacity upgrade was included in the Capital Improvements Plan, enabling the City to provide sanitary sewer service to these properties. Development of this property cannot occur until the sanitary sewer interceptor work on Tyler Way is complete. Currently, fire service to this unincorporated area is provided by the City of Reno. Upon annexation, fire and emergency response would be from City of Sparks Fire Station 1, and the properties are estimated to be within a 6-minute response time. With the inclusion of the planned interceptor improvements in the City’s CIP, the annexation request complies with this policy.

  1. The efficient and cost effective provision of service areas and capital facilities:

This item is discussed in the preceding paragraph. The subject property would be served by the Tyler Way sanitary sewer interceptor. This facility is currently over capacity. A capacity upgrade has been included in the City of Sparks Fiscal Year 18 Capital Improvement Plan. Development of this project will need to be timed to assure the sanitary sewer capacity improvements are in place. Fire service would be from Fire Station Number 1.

  1. Fiscal analysis regarding the proposed annexation:

The applicant provided a fiscal impact analysis (FIA) and an update letter addressing the proposed access off Garfield Drive (FIA and update letter are attached). The FIA update letter estimates the fiscal impacts from this annexation and development of 25 single-family units to the general fund as positive by the amount of $230,629 over the 20-year analysis period. The estimated expenses to the general fund in the FIA update letter includes those incurred by fire and emergency services to the subject properties.

The FIA update letter estimates 20-year revenues of $83,262 to the road fund.  This estimate is based on the assumption that the access easement and internal roads will be privately owned and maintained.

Staff believes that the projected revenues may be overly optimistic but that annexation and development of the subject site will be either modestly fiscally positive for the City or, should revenues fall short of projections, the project will nevertheless not excessively burden the City fiscally.

  1. Whether Washoe County has adopted a Community Management Plan for the proposed annexation area:

After reviewing the application, Washoe County staff commented they do not have any objections to the annexation of these properties because they are in the Sparks Sphere of Influence. Washoe County staff did note, however, that annexation would leave an island of Washoe County on the south side of Wedekind Road. Staff disagrees with this comment because there are still parcels in Washoe County to the north, making the remnant parcel a peninsula. 

  1. Whether the annexation creates any islands:

The properties proposed for annexation are contiguous to the City limits. There are parcels still within the jurisdiction of Washoe County on the north side of Wedekind Road. The annexation will not create an island but will create a peninsula because there will be a remnant parcel left on the south side of Wedekind Road.  

  1. Any other factors concerning the proposed annexation deemed appropriate for consideration by the City Council:

If this land is annexed, the City cannot provide sanitary sewer service until the Tyler Way interceptor improvements are completed.

Finding A3.     The property requested to be annexed conforms to the Comprehensive Plan as it is within the City’s Sphere of Influence and Seven Year Annexation Program.

The City of Sparks initially exerted planning jurisdiction by including this area in its Sphere of Influence in 2002. The City’s Annexation Program expired in 2015. However, NRS 268.670 allows the Sparks City Council to consider annexing property without an annexation program if it is contiguous to the City limits and annexation is requested by 100 percent of the property owners.

Finding A4.     Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code.

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. The proposed annexation was noticed, at a minimum, to all property owners within 750 feet of the subject properties. The public notice was published in the Reno Gazette-Journal on January 19, 2018. Letters were mailed to 130 property owners. 



Alternatives:
  1. The City Council can adopt Bill No. 2732 to annex the properties at 3650 Wedekind Road.
  2. The City Council could remand the annexation petition back to Planning Commission with direction.
  3. The City Council could deny the annexation petition.


Recommended Motion:

I move to adopt Bill No. 2732 to annex into the city of Sparks real property approximately 3.47 acres in size located at 3650 Wedekind Road, Washoe County, NV based on Findings A1 through A4 as set forth in the staff report.



Attached Files:
     01-Report of Action PCN16042.pdf
     02-Exhibit A_Vicinity and Exhibit B Annexation Map.pdf
     03-Exhibit E - Easement Documents.pdf
     04-Exhibit F - Fiscal Impact Analysis & Update.pdf
     06-Annexation ordinance and descriptions.pdf
     05-Annexation ordinance.pdf
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