Sparks City Council Meeting 10/28/2019 2:00:00 PM

    Monday, October 28, 2019 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th Street, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 11.1

Title: SECOND READING, Public hearing, discussion, and possible adoption of Bill 2766 to rezone a site approximately 17,043 square feet in size located at 1620 Pyramid Way, Sparks, Nevada, from C1 (Neighborhood Commercial) to C2 (General Commercial) (PCN19-0027).
Petitioner/Presenter: Michael E. Mardian/Ian Crittenden, Senior Planner
Recommendation: The Planning Commission recommends that the City Council adopt Bill No. 2766, an ordinance rezoning real property approximately 17,043 square feet in size located at 1620 Pyramid Way from C1 (Neighborhood Commercial) to C2 (General Commercial).
Financial Impact: None.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

This is a request to rezone a parcel approximately 17,043 square feet in size located at 1620 Pyramid Way, Sparks, Nevada, from C1 (Neighborhood Commercial) to C2 (General Commercial). On September 5, 2019, the Sparks Planning Commission voted to forward a recommendation of approval for the rezoning request to the City Council.



Background:

The subject site is a triangular parcel located at 1620 Pyramid Way, east of the “T” intersection of Holman Way and Pyramid Way (Exhibit 1 – Vicinity Map). The site is approximately 17,043 square feet in size.  Until recently, the site was occupied by a single-family house which was demolished in July of 2019 to prepare the site for future commercial development. 

The site has access from Pyramid Way; it also has access from a private alley on the south side of the parcel.

The Comprehensive Plan land use designation for this property is Commercial (C). The site is currently zoned C1 (Neighborhood Commercial) (Exhibit 2 – Existing Zoning). The applicant has requested rezoning of the property to C2 (General Commercial) (Exhibit 3 – Proposed Zoning), which is consistent with that of surrounding properties. The properties to the north and the east of this site were rezoned by this same applicant from C1 (Neighborhood Commercial) to C2 (General Commercial) in 2015 (PCN15043). The site to the east was subsequently developed by this applicant as a mini-warehouse facility subject to a Conditional Use Permit (CUP) (PCN17-0044). The site to the north was sold and developed by others as a carwash subject to an Administrative Review (AR) (PCN17-0045).

On September 5, 2019, the Sparks Planning Commission voted to forward a recommendation of approval for the rezoning request to the City Council.



Analysis:

The applicant is requesting to rezone the site from C1 (Neighborhood Commercial) to C2 (General Commercial). The C2 (General Commercial) zoning district allows a wider range of uses, either by right or with approval of a Conditional Use Permit, than are permitted in the C1 (Neighborhood Commercial) zoning district. However, because the commercial properties adjacent to this site are zoned C2 (General Commercial), the additional uses permitted in the zoning district are not anticipated to inherently conflict with the uses on adjacent sites.   

The following table compares the uses permitted in each zoning district:

Use

C1

C2

Multi-family Building <110 units

Conditional Use Permit

Permitted

Multi-family Building >110 units

Conditional Use Permit

Conditional Use Permit

Manufactured home park

Not Permitted

Conditional Use Permit

Home Occupation

Permitted

Permitted

Life Care or Continuing Care Services

Permitted

Permitted

Halfway House

Not Permitted

Conditional Use Permit

Hotel/Motel (< 20 units)

Conditional Use Permit

Permitted

Hotel/Motel (>20 units)

Conditional Use Permit

Permitted

Recreational Vehicle Park

Conditional Use Permit

Conditional Use Permit

Animal Services, Indoor

Permitted

Permitted

Animal Services, Overnight (whether indoor or outdoor)

Permitted

Permitted

Payday Loan Establishment

Not Permitted

Permitted

ATM Stand Alone

Permitted

Permitted

Title Loan

Not Permitted

Permitted

Financial Institutions (including banks)

Permitted

Permitted

Pawnbroker

Not Permitted

Conditional Use Permit

Brewery

Permitted

Permitted

Craft Distillery

Permitted

Permitted

Urban Winery

Permitted

Permitted

Grocer/Food Market

Permitted

Permitted

Liquor Store

Permitted

Permitted

Food Preparation

Permitted

Permitted

Restaurant

Permitted

Permitted

Drive Through

Permitted

Permitted

Office

Permitted

Permitted

Call Center

Permitted

Permitted

Copy Center

Permitted

Permitted

Courier and Messenger Services

Conditional Use Permit

Permitted

Funeral & Internment Services

Permitted

Permitted

Maintenance and Repair Services

Permitted

Permitted

Personal Services

Permitted

Permitted

Tattoo Parlor

Not Permitted

Permitted

Wedding Chapel

Not Permitted

Permitted

Building Material Sales and Services

Permitted

Permitted

Convenience Store

Permitted

Permitted

Nursery (commercial, retail and wholesale)

Not Permitted

Permitted

Retail, General

Permitted

Permitted

Auto and Truck Repair (light)

Conditional Use Permit

Permitted

Car Wash

Conditional Use Permit

Permitted

Gas Station

Conditional Use Permit

Permitted

Manufactured Home Dealers

Not Permitted

Conditional Use Permit

Vehicle Rentals

Permitted

Permitted

Adult Day Care

Permitted

Permitted

Child Care Facility

Conditional Use Permit

Conditional Use Permit

Church or Worship Center

Conditional Use Permit

Conditional Use Permit

Event Center / Banquet Hall

Not Permitted

Permitted

Fraternal Club /Lodge / Community Service Facility

Permitted

Permitted

Public Safety Facility

Permitted

Permitted

Social Assistance, Welfare and Charitable Services

Permitted

Permitted

College, Technical School

Conditional Use Permit

Conditional Use Permit

School (Public or Private)

Administrative Review

Administrative Review

Personal Instructional Services

Permitted

Permitted

Hospital

Not Permitted

Conditional Use Permit

Hospice

Permitted

Permitted

Bodily Fluid Collection Services

Permitted

Permitted

Medical Office, Clinic or Laboratory (less than 50,000 gross floor area)

Permitted

Permitted

Medical Office, Clinic or Laboratory (more than 50,000 gross floor area)

Conditional Use Permit

Conditional Use Permit

Medical Marijuana Dispensary

Not Permitted

Administrative Review

Bar / Lounge

Conditional Use Permit

Permitted

Cultural Institution

Not Permitted

Permitted

Entertainment Facility / Theater

Conditional Use Permit

Permitted

Health / fitness club

Permitted

Permitted

Park / Open Space

Permitted

Permitted

Recreational Facility, Minor

Conditional Use Permit

Conditional Use Permit

Recreational Facility, Major

Not Permitted

Conditional Use Permit

Data Processing, Hosting and Related Services

Not Permitted

Permitted

Media Production

Not Permitted

Permitted

Mining and quarrying

Conditional Use Permit

Conditional Use Permit

Production, Craftwork

Not Permitted

Permitted

Research and Development

Permitted

Permitted

Building Maintenance Services

Not Permitted

Permitted

Mini-warehouse

Not Permitted

Conditional Use Permit

Bike share kiosk

Permitted

Permitted

Heliport / Miscellaneous Air Transportation

Not Permitted

Conditional Use Permit

Transportation Passenger Terminal

Conditional Use Permit

Conditional Use Permit

Utility, minor

Conditional Use Permit

Conditional Use Permit

Renewable energy production

Permitted

Permitted

Communications Facility

Permitted

Permitted

Wireless Communication Tower or Antenna

Permitted

Permitted

Weather or Environmental Monitoring Station

Permitted

Not permitted

Urban Agriculture

Permitted

Permitted

FINDING Z1:

The request is consistent with the City of Sparks Comprehensive Plan.

The site has a Comprehensive Plan Land Use Designation of Commercial (C). Both the C1 and C2 zoning districts conform with the Commercial (C) land use designation. Approval of this request to change the zoning from C1 to C2 will not create any inconsistencies or conflicts between the Comprehensive Plan and zoning. Additionally, the Comprehensive Plan specifically indicates that C2 (General Commercial) is an appropriate zoning district for the Commercial (C) land use designation.

As described in greater detail below, this request supports the following Goals and Policies of the Comprehensive Plan:

Goal MG1: Support economic development 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 levels.

Goal EV1: Grow and diversify Sparks’ economy.

Policy EV6: Support entrepreneurs by providing appropriately zoned areas with the infrastructure, public facilities and services necessary to start and grow a small business.

Rezoning this property from C1 to C2 maintains the commercial nature of this site while permitting a wider variety of commercial uses, which supports Goal MG1. The site is in an area that has been developed for some time and is adjacent to redeveloped sites, such as the properties directly to the north and east, that have been redeveloped. That nearby development is indicative of the redevelopment potential of the subject site, supporting Goal MG4. City services can be provided at acceptable levels in compliance with Policy CF1. Amending the zoning on this site permits a wider range of uses on a smaller commercial property, making it more likely to attract a small business in support of goals Goal EV1 and Policy EV6.   

FINDING Z2:

The project is consistent with the surrounding existing land uses.

The proposed zoning is consistent with the surrounding uses.  The surrounding uses are:

Direction

SURROUNDING LAND USES

ZONING

North: 

Commercial

C2

East:

Commercial

C2

South: 

Commercial

C2

West:

Commercial and Burgess Park

C2 and PF

The proposed zoning of C2 (General Commercial) is compatible with the adjacent uses, which are primarily C2 (General Commercial). The western border of the site is adjacent to Pyramid Way.  Across Pyramid Way from the site is Holman Way. The Scolari’s shopping center, which is zoned C2 (General Commercial), is located on the north side of Holman Way. South of Holman Way is Burgess Park, which is zoned PF (Public Facilities). The proposed change to C2 (General Commercial) is consistent with the adjacent C2 (General Commercial) properties to the North, South, East, and West. The Planning Commission found that PF zoning, in this instance for a City park, and commercial uses can be compatible, as both uses are destinations for the public and the park is adjacent to other C2 (General Commercial) zoned properties. Pursuant to Sparks Municipal Code 20.05.007(A)(2), any future commercial development of the site will, at a minimum, be subject to the City’s Administrative Review process, during which any potential impacts on surrounding properties can be considered and mitigated.

FINDING Z3:

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

Public notice was given as required by the Sparks Municipal Code and Nevada Revised Statutes. Notice of this rezoning request was sent to all property owners within 750 feet of the subject property; 98 property owners were mailed notices. Public notice was published in the Reno Gazette Journal on August 21, 2019. The Planning Commission and City Council meetings function as the public hearings for this item.



Alternatives:
  1. The City Council can adopt Bill No. 2766, an ordinance rezoning the subject 17,043 square foot property from C1 (Neighborhood Commercial) to C2 (General Commercial).
  2. The City Council can reject Bill No. 2766.
  3. The City Council can remand this rezoning request to the Planning Commission with direction.


Recommended Motion:

I move, based on Findings Z1 through Z3 as set forth in the staff report, to adopt Bill 2766, an Ordinance to rezone real property approximately 17,043 square feet in size and located at 1620 Pyramid Way, Sparks, Nevada from C1 (Neighborhood Commercial) to C2 (General Commercial).



Attached Files:
     Exh1_Vicinity Map 1620 Pyramid PCN19-0027 Rezone.pdf
     Exh2_ExistingZoning PCN19-0027.pdf
     Exh3_ProposedZoning PCN19-0027.pdf
     Exh4_ Pyramid Way Rezone Legal Description PCN19-0027.pdf
     Exh5_ Report of PC Action PCN19-0027.pdf
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