Sparks City Council Meeting 9/23/2019 2:00:00 PM

    Monday, September 23, 2019 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th Street, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 11.1

Title: PUBLIC HEARING, consideration of and possible action on an appeal of the Sparks Planning Commission’s decision to not approve a request for a Conditional Use Permit to allow for the construction and operation of an approximately 4,512 square-foot car wash on a site 1.61 acres in size located at 4620 Wedekind Road, Sparks, Nevada, in the PO (Professional Office) zoning district (PCN19-0023).
Petitioner/Presenter: Stratt Poland, Vice President, BLUEWAVE/Ian Crittenden, Senior Planner
Recommendation: Staff recommends that the City Council approve the Conditional Use Permit.
Financial Impact: None.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

On August 1, 2019, the Sparks Planning Commission considered a Conditional Use Permit request to allow the construction and operation of a car wash on a site 1.61 acres in size located at 4620 Wedekind Road, Sparks, Nevada, in the PO (Professional Office) zoning district. A motion to approve the Conditional Use Permit failed but no motion to deny the application was made, which means no action was taken by the Planning Commission and the application was effectively denied. The applicant, BlueWave Car Wash, has appealed the Planning Commission’s decision to the City Council.

The City Council’s review of this appeal is de novo, meaning that the City Council owes no deference to the Planning Commission’s decision and may weigh all of the evidence anew. The City Council may approve the Conditional Use Permit, deny the Conditional Use Permit, or remand the application to the Planning Commission with instructions.



Background:

4620 Wedekind Road, Sparks, Nevada (the Site) is located at the northeast corner of McCarran Boulevard and Wedekind Road (Exhibit 2 – Vicinity Map). The Site is vacant and zoned PO (Professional Office). The Site has carried this designation for more than a decade:  requests for a master plan amendment from LDR (Low Density Residential) to OP (Office Professional) and a rezoning from R1-15 (Single Family Residential) to PO (Professional Office) were approved in 2006 (PCN06078). The 2016 approval of the Comprehensive Plan changed the OP (Office Professional) land use designation to the C (Commercial) land use designation. The PO zoning district allows car washes upon approval of a Conditional Use Permit (CUP).

In fact, the Planning Commission previously reviewed and approved a CUP for an approximately 5,369 square-foot car wash on this site in 2016 (PCN16041).  The application was submitted by Miles Construction on behalf of Surf Thru Car Wash.  That approval expired in 2018 because construction was not initiated and the use was not established.

The current application was submitted by BlueWave Car Wash. On August 1, 2019, the Planning Commission reviewed this request and conducted a public hearing. After closing the public hearing, a Commissioner made a motion to approve the CUP, subject to the four Conditions of Approval proposed by staff. The motion received a second. Two Commissioners voted to approve the motion, while five Commissioners voted against the motion, resulting in a failed motion and no action by the Planning Commission, effectively denying the application.

On August 12, 2019, the applicant submitted a timely appeal from the Planning Commission’s decision.  The applicant has submitted additional information in support of its appeal (Exhibit 1 – Appeal and Additional Information).



Analysis:

This site has PO (Professional Office) zoning and a C (Commercial) Comprehensive Plan land use designation.  Car washes are a permitted use in the PO (Professional Office) zoning district subject to approval of a CUP.  The applicant is proposing to construct and operate an approximately 4,512 square-foot tunnel-type car wash (Exhibit 3 – Site Plan). Wildcreek Golf Course is located to the north and west of the subject site; there are office uses directly to the east.  The nearest residential use is to the south, across McCarran Boulevard.

The landscaping proposed by the applicant (Exhibit 4 – Landscape Plan) is in substantial compliance with the requirements of SMC 20.04.006 (Landscaping and Screening).

The applicant submitted building elevations (Exhibit 6 - Elevations) that are in substantial compliance with the design standards for the PO zoning district. The elevations reflect a mix of materials that includes both smooth and split face CMU block, stucco, and a corrugated perforated metal panel system. The elevations also incorporate a variety of colors including Sierra Spruce and Alpolic Blue.

City staff recommended approval of the CUP associated with PCN19-0023 to the Planning Commission, subject to four (4) Conditions of Approval (Exhibit 7 – Planning Commission Staff Report).

At the August 1, 2019 public hearing on the request for the CUP associated with PCN19-0023 before the Planning Commission, public comment was provided by 10 speakers, one email, and one letter. All of the public comments were in opposition to the request. Opponents expressed various concerns about the request, predominantly about the potential traffic impacts that a car wash would have on Wedekind Road (Exhibit 8 – Report of Action).

The Sparks Municipal Code prescribes five (5) findings for the evaluation of a CUP application.  City staff’s analysis of those findings is as follows:

Finding C1

The proposal, as submitted and conditioned, is in compliance with the Comprehensive Plan.

Staff recommends that the City Council find the use of this site as a car wash in compliance with the Comprehensive Plan for the following reasons.

The site has a C (Commercial) Comprehensive Plan land use designation.

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

Goal MG1:       Support economic vitality by providing a non-residential land use base.

 Goal MG4:       Facilitate infill and redevelopment.

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

Allowing this proposed car wash would provide a non-residential land use, which supports Goal MG1. The site is adjacent to and surrounded by developed land, and this infill development supports Goal MG2.  As the site is surrounded by a developed area, all City services can be provided at acceptable levels, which is in conformance with Policy CF1.

Finding C2

The application, as submitted and conditioned, is compatible with the existing or permitted uses of adjacent properties.

Staff recommends that the City Council find the proposed use of the site as a car wash  compatible with the surrounding land uses.

The existing uses of the adjacent properties are as follows:

Direction

COMPREHENSIVE PLAN LAND USE

ZONING

North:

Community Facilities (CF)

PF (Public Facilities)

East:

Commercial (C)

PO (Professional Office)

South:

Multi-Family Residential (MF14)

MF-2 (Multi-Family Residential)

West:

Community Facilities (CF)

PF (Public Facilities)

This request is to permit a car wash on a site in the PO zoning district. This use is permitted in this location with approval of a CUP.

The site is adjacent to other commercial uses located to the east, a golf course to the north and west, and multi-family residential to the south. The area is characterized by a mix of land uses, is located on a busy arterial, and is not expected to conflict with the other commercial uses to the east and the golf course use to the north and west. The multi-family residential properties to the south are located across McCarran Boulevard. The distance and proposed design of the car wash are anticipated to mitigate potential noise impacts to surrounding properties, including the residential properties to the south, because all washing machinery and equipment will be located inside the building.  The plans also include the construction of carport/canopy areas with vacuum stations.  The vacuum equipment would be located in two small structures on the eastern portion of the site. Additionally, the applicant has indicated that their proposed hours of operation are 8am to 7pm, seven days a week.  Staff did not propose a condition restricting the hours of operation.

Finding C3

The potential impairment of natural resources and the total population which available natural resources will support without unreasonable impairment has been considered.

Staff recommends that the City Council make Finding C3 because this site, while undeveloped, has been graded and fenced for many years. City staff does not believe that approval of this CUP to allow a car wash would impair the availability of natural resources or the region’s ability to support its population.

Finding C4

The application, as submitted and conditioned, will address identified impacts.

Staff recommends that the City Council find that identified impacts will be adequately addressed by the proposed conditions of approval. Staff identified the following potential impacts and proposed mitigation measures:

Parking:

Required parking for car wash facilities under SMC 20.04.009 (Parking and Loading) is one (1) space per 1,500 square feet of building gross floor area. The proposed building is 4,512 square feet in size, so three (3) parking spaces are required. The site plan for the proposed car wash shows 29 parking spaces. The proposed car wash thus complies with the parking requirements contained in SMC 20.04.009.

The zoning code does not specify vehicle stacking standards for drive-through car washes, but Section 20.03.016 requires drive-through restaurants to have a minimum of 160 feet of stacking distance. The stacking distance provided in the proposed site plan is approximately 600 feet, nearly four times the stacking distance required for a drive-through restaurant. Staff believes that this is adequate for this car wash use and will prevent vehicles from stacking in the public right-of-way.

Traffic:

Traffic is one potential impact of a car wash at this location. The applicant is proposing right-in-only site access from McCarran Boulevard and a full-movement site access from Wedekind Road.   The applicant submitted a Traffic Impact Study (Exhibit 5 – Traffic Study). The study estimated the use would generate 775 Average Daily Trips (ADT) including 78 PM peak hour trips. Typically, a traffic study is not required for uses that are estimated to generate less than 80 peak hour trips. Due to this site being located on McCarran Boulevard, a Nevada Department of Transportation (NDOT) controlled road, and the request from the applicant to locate an access to the site in relatively close proximity to the intersection of McCarran Boulevard and Wedekind Road, staff requested a traffic study as part of this application.

Transportation and engineering staff reviewed the Traffic Impact Study submitted by the applicant. Staff supplied the applicant with a letter detailing their comments. This letter (Exhibit 6 – Engineering Letter) also proposed a Condition of Approval requiring the applicant to submit to the City documentation of NDOT permits prior to the issuance of any building permits for the site (Condition 4). The applicant has been working with NDOT to obtain permits for the proposed roadway improvements and anticipates that the proposed site design can be approved by NDOT. In its Evaluation Safety Control study, NDOT identified needed improvements in the McCarran Boulevard/Wedekind Road intersection.  The intersection improvements consist primarily of the installation of a worm island that would restrict the left-out and through movements from Wedekind Road to McCarran Boulevard.  In its Evaluation Safety Control study, NDOT identified these improvements as necessary for this intersection, regardless of the ultimate use of the site. Proposed Condition 4 would require documentation of approved NDOT permits for these improvements prior to the issuance of any building permits.

If the City were to approve a CUP for this project but NDOT subsequently denied the request for access to the site from McCarran Boulevard, the applicant would have to return to the Planning Commission to amend the CUP to revise the site plan by removing the access from McCarran Boulevard.  During review of the submitted Traffic Impact Study, transportation and engineering staff determined that the vehicle trips estimated to be generated by this use will not require any other off-site street improvements as the adjacent streets have ample capacity to handle the anticipated increase in vehicle trips.

Noise:

Noise issues can be a concern with the operation of car washes near residential uses. Locating the car wash equipment inside of structures and screening the vacuum equipment with walls onsite would reduce the amount of noise generated by this use. In addition, the distance across McCarran Boulevard (approximately 130 feet), the existing sound wall adjacent to those residences, and the ambient traffic noise on McCarran Boulevard would mitigate any noise impacts this use would have on the residential properties to the south of the subject site.

Finding C5

Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code and the Nevada Revised Statutes.

Public notice for the Planning Commission meeting was published in the Reno Gazette-Journal on July 7, 2019. In addition, 98 notices were mailed to owners of property within 500 feet of the subject property on July 17, 2019. The Planning Commission meeting functioned as the public hearing required by Nevada Revised Statutes and the Sparks Municipal Code.

Public notice for the City Council’s hearing of the applicant’s appeal was published in the Reno Gazette-Journal on September 6, 2019. In addition, 98 notices were mailed to owners of property within 500 feet of the subject property on September 5, 2019. The City Council meeting functions as the public hearing for this appeal required by Nevada Revised Statutes and the Sparks Municipal Code.



Alternatives:
  1. The City Council may approve the Conditional Use Permit with the four Conditions of Approval proposed by staff.
  2. The City Council may approve the Conditional Use Permit with modified Conditions of Approval.
  3. The City Council may deny the Conditional Use Permit.
  4. The City Council may remand the case back to Planning Commission with instructions.


Recommended Motion:

I move to approve Conditional Use Permit CU19-0008 associated with PCN19-0023, and adopt Findings C1 through C5, and the facts supporting these findings as set forth in the staff report and subject to the four Conditions of Approval proposed by staff.



Attached Files:
     Exhibit 1 - Appeal and additional info submitted by the applicant.pdf
     Exhibit 2 - VicinityMap.pdf
     Exhibit 3 - SitePlan.pdf
     Exhibit 4 - Landscape Plan .pdf
     Exhibit 5 - TrafficStudy.pdf
     Exhibit 6 - EngineeringLetter.pdf
     Exhibit 7 - Elevations.pdf
     Exhibit 8 - PlanningCommissionFinalStaffReport.pdf
     Exhibit 9 - Report of Action.pdf
     Public Comment Item 11.pdf
     Public Input Item 11 - Provided at meeting 2.pdf
     Public Input Item 11 - Provided at meeting.pdf
     20190923-BW CC Presentation.pptx
     Blue Wave Appeal Staff Presentation.pptx
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