2012 2:00:00 PM

Monday, February 27, 2012 2:00 PM
Sparks Council Chambers

General Business: 6.4

Title: PCN11030, Maverik, Inc. Consideration of and possible action for final approval of amendments to the Marina Landing Planned Development Handbook for a site 3.86 acres in size in the PD (Planned Development) zoning district generally located at the southwest corner of Marina Gateway Drive and Prater Way, Sparks, NV (FOR POSSIBLE ACTION)

Petitioner/Presenter: Maverik, Inc./Jim Rundle, Senior Planner

Recommendation: The Planning Commission and Community Services Department recommend approval of PCN11030.

Financial Impact: N/A

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: This is the hearing to determine whether the final handbook is in substantial conformance with the tentatively approved handbook. The Planning Commission unanimously voted at its February 2, 2012 meeting to forward a recommendation of approval to the City Council that the final draft was in substantial compliance with the City Council's action on the tentative approval.

Background: CASE NUMBER(S): PCN11030 REQUESTED ACTION(S): Final Approval of an amendment to the Marina Landing Planned Development Handbook PROJECT DESCRIPTION:Request to alter the development standards to include additional landscaping requirements in lieu of building frontage requirements and changes to the sign criteria. PROPERTY OWNER: Sparks Marina RV Park, LLC APPLICANT: Maverik, Inc. LOCATION: Southwest corner of Prater Way and Marina Gateway Drive SITE SIZE: 3.86 acres EXISTING ZONING: PD (Planned Development) EXISTING LAND USE: Vacant MASTER PLAN DESIGNATION: TOD (Transit Oriented Development) WARD INFORMATION: Ward 3 - Ron Smith This agenda item asks the City Council to consider final approval of the proposed amendments to the Marina Landing-Planned Development Handbook to comply with the Sparks Municipal Code and Nevada Law regarding Planned Developments. The Sparks City Council previously provided tentative approval of the proposed amendments to this handbook on January 9, 2012. The Planning Commission unanimously voted at its February 2, 2012 meeting to forward a recommendation of approval to the City Council that the final draft was in substantial compliance with the City Council's action on the tentative approval. In 1997 the City of Sparks adopted the Marina Area Plan to address lands surrounding the Sparks Marina. The plan governed approximately 343 acres of land. The Marina Landing handbook, originally approved in 2001, covers approximately 22 acres and to date has been developed with a rv park and car wash. In 2009, the Sparks Transit Oriented Development (TOD) Corridor Master Plan replaced the Sparks Marina Area Plan as the governing master plan document. The property's zoning is established by the Marina Landing handbook. The applicant is proposing to add flexibility for two standards. Any new development within the Marina Landing area will require a special use permit. As such, staff and the Planning Commission will receive more detail when a project application is submitted to determine compliance of the proposed project with the standards in the development handbook. This site is located along the main Bus Rapid Transit (BRT) corridor for the City of Sparks, the Prater/4th Corridor.

Analysis: Final Approval Sparks Municipal Code 20.18 regulates the review process for Planned Developments. Sparks Municipal Code 20.18.080 prescribes the review process for the final approval of a planned development as follows: 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.(Ord. 2129, Add, 02/11/2002) Nevada Revised Statutes (NRS) 278A.540 states what constitutes substantial compliance with a tentatively 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: 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 locations and design of streets or facilities for water and disposal of storm water and sanitary sewer. Based on the standards listed in the SMC 20.18.080 and NRS 278A.540, Planning Commission recommended that the final approval draft of the Marina Landing Planned Development Handbook is in substantial compliance with the tentatively approved plan as approved by the City Council on January 9, 2012. The final draft handbook: " does not vary the proposed gross residential density or intensity of the Marina Landing Planned Development Handbook; -does not vary the proposed ratio of residential to nonresidential use; -does not reduce the common open space area; -there is no increase to the floor area proposed for the nonresidential use from the approved tentative handbook; -there is no increase in the total ground areas covered by buildings nor is there substantial change in the height of buildings. It is the Planning Commission's recommendation that the final draft of the Marina Landing Planned Development Handbook is in substantial compliance with the approved tentative Handbook and recommends that the City Council grand final approval of the Marina Landing Planned Development Handbook.

Alternatives: The Council may choose to remand the proposal back to the Planning Commission, or find the final handbook is not in substantial conformance with the tentatively approved handbook.

Recommended Motion: I move to find the final draft in substantial conformance with the City Council's action for Tentative Approval of the Marina Landing Planned Development handbook and the facts supporting these findings as set forth in the staff report.

Attached Files:

Marina Landing Planned Development Handbook.pdf

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