The site is generally located north of McCarran Boulevard and east of Sullivan Lane (Exhibit 1 - Vicinity Map) and is currently used as a public golf course.  In 1978, the Truckee Meadows Regional Planning Commission approved a rezoning of 260 acres of the site from R1-40 (Single Family Residential) to PF (Public Facility).  This property was already being used for a golf course at that time and was combined with adjacent land zoned PF to create the 330+ acre site on which the golf course is currently situated.

A 212+ acre portion of the site on which Wildcreek Golf Course was constructed was purchased in 1974 by the Reno-Sparks Convention and Visitors Authority (RSCVA).  An additional 118+ acres of land were made available by a Bureau of Land Management (BLM) patent assigned by the City of Sparks to Washoe County in 1975 for the development of a golf course. This BLM patent carries a customary BLM reversionary clause. The part of the site subject to the BLM reversionary clause is not included in the requests for land use approvals the Washoe County School District (WCSD) submitted to the City of Sparks.

WCSD identified a future need for a high school in this general area of the community as part of their 2009 School Facilities Plan.  WCSD also indicated the need for a high school in the Wildcreek area as part of the 2016 Capital Funding Initiative, WC-1, that was approved by the voters of Washoe County in November 2016.  Based upon the passage of WC-1, WCSD completed a site assessment for a new high school site in the area of the existing Hug High School that would also provide WCSD the ability to relieve overcrowding at Spanish Springs High School.  The site assessment analysis showed that the Wildcreek Golf Course property best met the educational and operational objectives of WCSD.  Wood Rodgers, Inc., a planning and engineering consulting firm retained by WCSD, completed a due diligence study of the site. The study did not indicate any constraints that would preclude the construction of a high school on the Wildcreek site. The report also indicated that the golf course property, because of its size and characteristics, afforded multiple site planning options to provide for a high school, recreational and public amenities, and open space. 

In May 2017, the governing bodies of Washoe County, the City of Sparks, the City of Reno, the RSCVA Board of Directors, and WCSD approved a Letter of Intent stating that the entities agreed that a new public high school at Wildcreek Golf Course was in the best interests of citizens of Washoe County, the City of Sparks, and the City of Reno. The entities further agreed to cooperate in the planning, development, and construction of a new high school at this location. 

On September 12, 2018, a parcel map was recorded dividing the 212+ acre parcel into three parcels, including an 87+ acre parcel on the north end of the property that WCSD identified as the preferred site for the proposed high school. In December 2018, the WCSD Board of Trustees, the Washoe County Board of County Commissioners, and the RSCVA Board of Directors approved general terms for WCSD’s acquisition of this parcel.

On February 7, 2019, the RSCVA Board of Directors unanimously approved a Cooperative Agreement to transfer its interest in the entire Wildcreek Golf Course property to Washoe County. One purpose of the Cooperative Agreement is for Washoe County to sell a portion of the property to WCSD for construction of a public high school.  On February 19, 2019, the Washoe County Board of County Commissioners unanimously approved the Cooperative Agreement, declaring that it is in the best interest of Washoe County and its citizens for Washoe County to convey an 87+ acre parcel to WCSD for the purpose of constructing a public high school. The remaining two parcels totaling 125+ acres will remain Washoe County property.

In July of 2018, the Sparks City Council sponsored an amendment to the Truckee Meadows Regional Plan to relocate a utility transmission corridor to facilitate development of Wildcreek Golf Course.  Due to the topography of the property, areas suitable for construction of a large building are limited.  The most appropriate portion of the site currently has a 120 KV electric transmission line across it.  The requested Regional Plan amendment was approved by the Truckee Meadows Regional Planning Governing Board (RPGB) at its February 2019 meeting.  The RPGB’s approval took the form of adding an additional transmission line corridor to the north of the existing corridor while maintaining the existing corridor to prevent the existing transmission line location from being out of conformance with the Regional Plan. The RPGB required the transmission line to be relocated within two years of the approval (i.e., by February 2021). If the transmission line is not relocated by February 2021, then the additional corridor will expire.  If the transmission line is relocated, a Regional Plan amendment will be required to remove the abandoned corridor.

In 2013, NRS 278.0211 was enacted. NRS 278.0211 requires consistency among local governments in zoning ordinances with respect to certain development standards and specifications that apply to the construction or alteration of public schools in Washoe County.  The law requires that such standards and specifications be developed in conjunction with the Washoe County School District. In February 2014, in compliance with NRS 278.0211, the City of Sparks adopted by ordinance the requirements for the development of public schools. These standards were coordinated with WCSD, Washoe County, and the City of Reno. Washoe County, the City of Reno, and the City of Sparks all adopted Administrative Review as the procedure for entitling the construction or alteration of public schools. 

However, development of the proposed site for Wildcreek High School still requires a public hearing as the project exceeds the parameters for administrative review. Both construction of a minor utility (transmission line) and development of a site with slopes of 10 percent or greater over 25 percent or more of the site trigger the requirement for Conditional Use Permits (CUP). 

While an Administrative Review and CUPs are required, these entitlement processes either limit the scope of the review as in the case of the CUPs, or do not require a public hearing and City Council approval as is the case with the Administrative Review. Given the size and significance of the project and the proposed site (i.e., a public golf course), as well as the concerns expressed by the public and the City Council, WCSD and City of Sparks staff identified that use of the development agreement process authorized by Chapter 278 of the Nevada Revised Statutes and Title 20 of the Sparks Municipal Code (SMC) could provide a mechanism for a more complete review of the Wildcreek High School proposal by the public, third-party reviewing agencies, Sparks Planning Commission, and Sparks City Council.

Without the proposed Development Agreement, WCSD would have submitted requests for the two CUPs associated with this request, and if approved, followed with an application for an Administrative Review of the school itself. The primary documentation for these CUPS would be: (1) a grading plan demonstrating compliance with the City’s hillside development ordinance (SMC 20.04.011), and (2) plans for construction of the new transmission line (SMC 20.02.013).  While this approach would have complied with all legal requirements, it would have favored piecemeal review rather than allowing review of the project in its entirety. The CUP process would also have limited any conditions of approval to those directly relevant to construction of the transmission line and the grading plan. The ability to consider and mitigate other impacts, such as traffic, would be outside the scope of the two CUPs.  WCSD therefore agreed, in the interest of permitting a full public review of the proposed Wildcreek High School, to enter into the proposed Development Agreement. By agreeing to do so, WCSD waived its right for the Sparks Planning Commission to approve the CUPs.  Instead, the Sparks Planning Commission was asked to review the Development Agreement and the CUPs in an advisory capacity. The Planning Commission reviewed these requests on April 4, 2019 and forwarded a recommendation of approval regarding these applications to the Sparks City Council (see Planning Commission Report of Action).  The City Council will act as the final decisionmaker. 

The Sparks Planning Commission unanimously recommended approval of three requests associated with construction of a high school at Wildcreek.  This includes the Development Agreement, a Conditional Use Permit for development on a site greater than 10 acres with slopes exceeding 10% or greater over 25% or more of the site, and for the construction of an electrical transmission line.

These three items will be considered concurrently at the May 28, 2019 Sparks City Council meeting.  Because the Development Agreement is approved by ordinance, two readings are required.  Since the Conditional Use Permits are not approved by ordinance and do not require a first reading, the remainder of this staff report addresses only the Development Agreement. The staff report for the May 28^th meeting will address the Conditional Use Permits as well as the Development Agreement.

DEVELOPMENT AGREEMENT

The proposed Development Agreement must be approved by the Sparks City Council by ordinance to take effect. The Planning Commission was responsible for reviewing the agreement for consistency with the Comprehensive Plan. The Development Agreement includes numerous provisions that the WCSD must comply with to mitigate impacts the proposed public high school is anticipated to have on the surrounding area.  Thorough analysis has been completed on this project by staff from the City of Sparks, Nevada Department of Transportation (NDOT), Regional Transportation Commission (RTC), and other public agencies. 

The Development Agreement, inclusive of its exhibits, describes parameters for the project and development of the site, identifies the project’s anticipated impacts, and specifies required improvements to offsite public facilities and infrastructure needed to mitigate anticipated impacts. The next section of this staff report is devoted to describing the Wildcreek High School project and key parts of the Development Agreement.

The requirement of 1,517 parking spaces greatly exceeds the number of cars counted during a typical day as well as during special events at other WCSD high schools. Even with a 10 percent reduction, Wildcreek High School is required to have 1,366 parking spaces, a number well in excess of the parking space usage at other WCSD schools documented in the parking analysis. The site plan depicted on Exhibit 4 provides 1,366 parking spaces. 

• SMC 20.04.006 provides standards for landscaping a site. A minimum of 20 percent of the developed area of the site must be landscaped, which equates to approximately 12.3 acres. The landscape plan submitted for the Development Agreement (Exhibit 5) shows that 44.5 acres will be landscaped (including sports fields), exceeding the 20 percent landscaping requirement by 32.2 acres.  The required landscaping includes trees in parking areas at a ratio of one tree per 10 parking spaces, in addition to one tree for every 500 square feet of required landscaped area, totaling 1,073 trees. However, the preliminary landscape plan only includes 945 trees. This is due to the inappropriateness of planting trees in the areas dedicated to sports fields. This discrepancy will be addressed during the Administrative Review process for the high school.

• Required infrastructure improvements. Development of the subject site as a high school requires infrastructure enhancements to mitigate impacts on, and ensure compatibility with, the surrounding area.  Section 3.2 of the Development Agreement outlines required infrastructure capacity improvements necessary to mitigate the impacts of the proposed Wildcreek High School. This includes the offsite infrastructure, at the WCSD’s expense, necessary to serve the proposed high school.

The Development Agreement requires significant mitigation of the offsite impacts associated with development of a high school on the subject site. Section 3.2(g) of the Development Agreement requires WCSD to provide to the City a performance bond, an irrevocable letter of credit, or other form of surety in the amount of the estimated construction cost of the public improvements described in the Development Agreement and its exhibits.  This provision is intended to ensure that all offsite improvements are completed.  The required improvements include the following.

Sewer

Exhibit 6 identifies the anticipated sewer demand for the project. The sewer demand analysis is based on a new 285,000 square-foot high school, a new stadium concession building of 1,685 square feet, a new visitor’s stadium concession building area of 1,980 square feet, the existing golf clubhouse building, and the grounds and maintenance building of 2,440 square feet. 

Sanitary sewer conveyance upgrades are necessary to support the increased flows that a change in land use from a golf course to a high school would generate. The analysis indicates that sanitary sewer upgrades are required in the area of Tyler Way and 18^th Street.  These upgrades have been incorporated into the City of Sparks Capital Improvement Plan for fiscal year 2020 and are anticipated to be completed by June 30, 2020.  A certificate of occupancy cannot be issued to WCSD for Wildcreek High School until these upgrades are completed. 

        Transportation

The traffic study submitted by WCSD for the proposed Wildcreek High School was reviewed by RTC, NDOT, and the City of Sparks.  The study is attached as Exhibit 9 and includes numerous illustrations outlining the analysis.  WCSD has identified that most students attending the proposed high school will come from Sun Valley and the current attendance zone for Hug High School.  This is depicted in Figure 4 of Exhibit 9 (page 29 of Exhibit 9). While not a final student zoning map, Figure 4 allows for consideration of transportation mitigation requirements. 

The traffic study projects that this high school will generate 4,314 total daily trips, and 1,105 A.M. peak hour trips.  To mitigate the impacts from the increase in trips in this area, Sparks staff has proposed requiring that WCSD improve the public road network as reflected in Exhibit 8 and Section 3.2(b) of the Development Agreement.  These traffic mitigation requirements are to be completed at the expense of WCSD and prior to opening of the school.  If they are not completed, the City of Sparks will not issue a certificate of occupancy, which will prohibit the school from opening.  The mitigation measures illustrated in Exhibit 8 include:

        Flood Control

Staff’s analysis of the change in land use from a golf course to a high school indicates the need for flood control mitigation measures and drainage improvements.  Hydraulic calculations and analysis utilized by Sparks staff can be found in Exhibit 19, as are plans for construction of a siphon for realignment of the Orr Ditch. The Development Agreement therefore requires WCSD to design and construct an inverted siphon to divert approximately 5,630 linear feet of the Orr Ditch (Exhibit 12). This diversion (along with the realignment of the transmission line) has influenced the location of the school on the Wildcreek site, as reflected in the site plan. 

Washoe County, Washoe County School District, Orr Ditch Company and Reno Sparks Convention and Visitors Authority are entering into an agreement in which Washoe County will be solely responsible for preforming all maintenance, cleaning, repairs and replacement of the siphon facilities.  With Washoe County being responsible for the operation of the facilities, the potential of the mechanical drain system being open during flood or highwater condition in the Orr Ditch is diminished.  Initially, this was identified as a major concern by Sparks staff.  With this agreement, and Washoe County taking on responsibility for operating the system, Sparks staff feels comfortable coordinating directly with Washoe County during the operation and maintenance of the drain system.   The drain system will allow Washoe County to periodically clean or flush any sediment that collect in the low point of the siphon once irrigation water is turned on.  This is further articulated in Section 3.2(d)(i) of the Development Agreement.

The Development Agreement also requires WCSD to develop a maintenance and operating plan for drainage.  This includes the outfall from the Sun Valley Dam through the project site.  The maintenance plan shall include scheduled inspections of the system, debris removal, outlet protection maintenance, and detention facility maintenance. 

Sparks staff has analyzed the Offsite Drainage Mitigations proposed by WCSD (Exhibit 20) and is requiring WCSD to submit an updated Emergency Action Plan (EAP) for the Sun Valley Dam (see also Exhibit 4).  NRS 532.120 and NAC 535.320 require an EAP to be developed using the FEMA Publication P64 format, include a detailed response for each foreseeable emergency, and address downstream hazard conditions affected by development of the high school.  The EAP must also include sections covering detection, decision making, notification and communication, pre-planned action, and post-event action items.  It must incorporate inundation maps that illustrate that the Wildcreek High School property is in both the emergency spill discharge and dam failure flow paths. The EAP will be reviewed and approved by the City Engineer and State of Nevada Department of Conservation and Natural Resources, Division of Water Resources, prior to the issuance of a grading permit for the site. 

        Public Safety

The Fire Chief has identified that a secondary fire access road is necessary for this project. Section 3.2(e) of the Development Agreement therefore requires an appropriate road for this purpose to be completed prior to the storage of combustible materials on the school site.  This road shall utilize all-weather materials, have a minimum width of 20 feet, and be capable of maintaining access during a 100-year flood event.  This road will not be public right of way and will be maintained by WCSD.

Flight Path

This project will not affect the Reno-Tahoe Airport Authority’s operations or the approach/departure path to the runway at Reno-Tahoe International Airport (RNO).  The project site is approximately three miles north of RNO.  With the development of this project, a preliminary Federal Aviation Administration (FAA) Airspace Review, Aircraft Noise analysis, and site lighting analysis was completed. 

The proposed high school lies under the approach and departure for runways 16R/34L and parallel runway 16L/34R.  Federal Regulations, part 77 require any potential development within this proximity to the airport to comply with certain requirements.  These requirements include providing the FAA the opportunity to evaluate the effect of the proposed construction on safety in air commerce, the efficient use and preservation of navigable airspace, and airport traffic capacity at public use airports.  In addition, this process determines whether the project is a hazard to air navigation, whether there are appropriate measures to be applied for the continued safety of air navigation, whether the aviation community must be notified about objects affecting navigable airspace, and whether navigational charts require updating. 

Based on the analysis attached as Exhibit 17, the site can be developed without creating any airspace surface obstruction.  The analysis indicates that a structure of up to 150 feet in height can be constructed at the site within the parameters set by the FAA.  The proposed building height for this structure is only 61 feet. 

The impacts of noise from aviation traffic on this high school have been considered. Based on the FAA-approved noise contours, the project resides outside of the 65-decibel noise contour.  The FAA recommends construction methods and materials be used to attenuate noise exposure for buildings (including schools) when they are within the 65-decibel noise contour. 

City staff also required the applicant to demonstrate how lighting on the school site could affect air traffic.  With the inclusion of several athletic fields, substantial illumination is likely during evening hours.  Section 3.4(d) of the Development Agreement requires a photometric plan to ensure lighting will not affect air traffic or neighboring properties. Exhibit 13 illustrates the lighting shields Sparks is requiring.  Exhibit 13 also includes a letter documenting lighting will not spill onto adjacent properties or be projected above the light standards.  The letter is signed and stamped by Joseph Ganser, P.E. 

Consistency of the Development Agreement with the Sparks Comprehensive Plan

SMC 20.05.09(E) specifies that the Planning Commission and City Council shall review a development agreement for consistency with the Comprehensive Plan. 

One purpose of bundling the Development Agreement for Wildcreek High School and the CUP requests for a transmission line and development on a hillside is to provide the public, third-party reviewing agencies, the Planning Commission, and City Council with a complete proposal for the development at the time these requests are considered. This approach enables the reviewing entities to better evaluate whether the proposed development is consistent with the Comprehensive Plan.

In the view of City staff, the Development Agreement supports and is consistent with the following Comprehensive Plan goals and policies:

Goal MG3       Maintain a land use plan which integrates land uses and facilitates access by multiple modes of transportation.

Goal MG4       Facilitate infill and redevelopment

Policy MG11   Require new infill development to consider and be sensitive to the character of existing neighborhoods in regard to zoning, building mass, structure placement, height transitions, landscaping, streetscape, access and other physical features of the existing neighborhood.  

Policy C4         Require sidewalks for pedestrians on all street networks within the City.

Policy C14       Work with WCSD to strategically plan the location of new public schools.

Policy CC10     Work with RTC and NDOT to plan and design major road capacity expansions to minimize the degree to which the widening of roads divides neighborhoods or adds barriers for pedestrians, bicyclists, and other non-motorized travel.

Construction of a high school at this proposed location would place a major new public facility in an area characterized by a mix of uses, including single-family housing, multi-family housing, and commercial development, supporting Goal MG3. The proposed school would provide for redevelopment of a portion of the Wildcreek Golf Course, which has struggled financially, and a major public investment on this site should encourage redevelopment and infill in the surrounding area, in accordance with Goal MG4. The Development Agreement’s provisions regarding the design of the school and improvements to offsite infrastructure to mitigate the project’s impacts are in furtherance of Policy MG11. These offsite improvements include the addition of sidewalks for pedestrians, in compliance with Policy C4 and promoting Policy CC10. Finally, City staff views the proposed Development Agreement as supporting a finding that the City has worked with WCSD to strategically plan for new public schools, in support of Policy C14.

First Reading - not applicable

First Reading - not applicable