This is a request from Landstar Companies to enter into a development agreement for a parcel approximately 7.72 acres. It accompanies an application to rezone the parcel from PD (Planned Development – The Vistas) (Exhibit 1) to MF2/PUD (Residential Multi-Family – 12-14 units per acre) (Exhibit 2).

The subject property is located at 2255 Los Altos Parkway (Exhibit 3).  It is a vacant site that is part of The Vistas Planned Development.  The Vistas Master Plan and Community Design Standards (hereafter, The Vistas Handbook) was approved in 1988 by Special Use Permit (SUP), which is how planned development handbooks were processed at that time. The Vistas Handbook is the oldest planned development in Sparks and predates the current planned development provisions of the City’s zoning code.

At the time The Vistas Handbook was approved, the subject site was designated as Vista Village East (Exhibit 4 at 1-2).  Vista Village East (Exhibit 5 at 2) is described in The Vistas Handbook as:

     12. Vista Village East and 13. Vista Village South

       These two projects are envisioned to be identical to that of Vista Village West. In fact, these two projects may be developed and operated together with Vista Village West to achieve scale economies in management.  Each site includes 5 to 6 acres, about 64 homes and densities of a dozen units per acre.

Vista Village West (Exhibit 5 at 1) is described in The Vistas Handbook as:

     8. Vista Village West

      Vista Village West is an apartment or condominium project proposed next to the school and park sites.  The intent is to create a “village” feeling in the natural bowl that includes this project and the school, the park, the fire station, the community center site, and the “built edge’ of Vista Village South and Vista Village East.  The apartment structures, being more massive than single family homes and with the landscaped grounds around them, add to the potential for creating the desired village effect at the community’s core.  This 5-6 acre site will fit about 64 homes at an approximate density of 12 units per acre.

These descriptions indicate that this site has been intended for multi-family development since The Vistas Handbook was approved in 1988. 

Rezoning was previously requested for this site.  PCN17-0032 was heard by the Planning Commission on August 3, 2017.  At the meeting there was substantial public comment in opposition to this request.  The Planning Commission voted to forward a recommendation of denial to the City Council.  After the Planning Commission meeting but prior to City Council consideration, the applicant withdrew their request.

The applicant is now requesting the same change in zoning but in conjunction with this proposed Development Agreement. Typically, rezoning requests are not project-specific and conditions cannot be attached to approval. The requested zoning would, in the absence of a development agreement, permit up to 108 units to be constructed on this site.  A development agreement can prescribe how a site is to be developed, providing the Planning Commission, the City Council, and the public with project-specific information that can be considered at the time rezoning is considered.  Such an agreement also allows the Planning Commission and City Council to place limits on or add conditions to approval of the rezoning request. If at some future date the applicant proposes to increase the unit count limit (75 units) or make another substantive change to the project described in the Development Agreement, it would have to be amended, which would require notice and a public hearing before the City Council.

On June 7, 2018, the Sparks Planning Commission conducted a public hearing on the development agreement and rezoning requests. The written public comments the City received prior to the Planning Commission public hearing opposing these requests are attached (Exhibit 15).  The Planning Commission also received extensive public comment opposing these requests at the public hearing; the comments are included in the report of action for the Planning Commission attached to this staff report. The Planning Commission determined, however, that they could make the applicable findings and voted to forward recommendations of approval to the City Council for both requests.  

Per a companion agenda item, the applicant is requesting rezoning of this site from PD to MF2/PUD in accordance with the requirements of The Vistas Handbook. The MF2 zoning district allows up to 14 dwelling units per acre. As this site is 7.72 acres in size, the MF2/PUD zoning would permit up to 108 units. However, the applicant has requested to enter into this Development Agreement to address concerns the Planning Commission and the public expressed at the August 3, 2017 public hearing related to the density and characteristics of the project that would be permitted on the site if rezoned for multi-family uses.

The proposed Development Agreement limits the number of units on the site to a maximum of 75. In addition, per the project description, the units would be attached townhomes. Because of the zoning code definition, “multi-family” must be permitted if the site is to be developed with three or more townhouses attached to each other, as reflected in the project plan attached to the Development Agreement. While “multi-family” includes more than just townhouses, the rest of the proposed Development Agreement (including the exhibits) provides additional limitations beyond the zoning code’s definition of “multi-family.”

The proposed Development Agreement must be approved by the Sparks City Council by ordinance to take effect. It includes the following provisions:

• Section Two provides the developer a degree of regulatory predictability for the duration of the build-out of the project by defining the rules and fees that apply to development of the project.  
• Permitted uses and density are addressed in Section 3.1, which specifies that a maximum of 75 residential units are permitted at a gross density of 10 dwelling units per acre. Single family detached/attached units and multi-family units are permitted on the property. At least 1.54 acres of the site must be reserved as open space.
• Infrastructure improvements required of the developer are addressed in Section 3.2.
• Section 6.1 specifies the duration of the agreement, which is 15 years. The agreement grants the developer the right to request one 5-year extension subject to certain conditions and approval by the City Council.

Consistency with Comprehensive Plan

As noted in the Background section, the purpose of bundling the Development Agreement with the rezoning request is to provide the public, the Planning Commission, and City Council with an understanding of the development proposed for the subject property at the time the rezoning request is considered. The reduction of units from the 108 permitted by the proposed zoning to a maximum of 75 could not be a condition of the rezoning without the adoption of a development agreement. Because the potential intensity and density of the development was a major concern of the public and the Planning Commission when the rezoning request was first considered, the applicant and staff determined that a development agreement could provide a vehicle for addressing these concerns. 

The property has a Comprehensive Plan land use designation of Multi-Family Residential 14 (MF14). The proposed use and zoning designation being requested (MF2/PUD) would be in conformance with the existing Comprehensive Plan land use designation. The Planning Commission viewed the Development Agreement as consistent with the Comprehensive Plan, in part because the Development Agreement further defines the development that will be permitted on the site. 

The Development Agreement thus supports and is consistent with the following Comprehensive Plan goals and policies:

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

Policy CC9:      Promote quality design for new construction through development standards that provide well-articulated building facades, defined entrances, clear pedestrian connections and landscaping.

Policy H1:        Ensure there are sufficient appropriately zoned areas with the infrastructure, public facilities and services for the production of new housing.

The site has been identified in the Vistas Planned Development Handbook for multi-family development for 30 years.  The infrastructure serving the site, including roads, water and sanitary sewer facilities, was designed to support this type of development, complying with Policy CF1. Los Altos Parkway will provide primary access to the subject site. Per the City Engineer (Exhibit 16), the most recent traffic impact study of record for the area that includes the subject site was prepared by Traffic Works to support the recently approved Miramonte Townhome Development (Traffic Works, 2016, attached as part of Exhibit 16). A review of the 2035 roadway analysis included in the report indicates that the subject property was included in the analysis and was modeled as a developed multifamily land use (Traffic Works, 2016, at 11). The results of the 2035 analysis conclude that Los Altos Parkway will have average daily volumes that correspond to a Level of Service C, which is in conformance with the standards of the 2035 Regional Transportation Plan (Traffic Works, 2016, at 4). For these reasons, rezoning of the site to permit additional housing units would support Policy H1.

The Development Agreement requires that the site and buildings be constructed in conformance with the multi-family design standards for the MF2 zoning district and the design standards of The Vistas Handbook, which complies with Policy CC9 of the Comprehensive Plan.

This is the first reading of the ordinance to approve the Development Agreement.

This is a first reading. No motion is required.