Sparks City Council Meeting 11/23/2020 2:00:00 PM
Meeting Link: https://zoom.us/j/99377867181Meeting Dial-in #: 1-669-900-6833 Meeting ID: 993 7786 7181
Planning and Zoning Public Hearings and Action Items: 11.1
A Business Impact Statement is not required because this is not a rule.
This agenda item asks the City Council to certify a Comprehensive Plan Amendment applying City of Sparks Comprehensive Plan land use designations of Intermediate Density Residential (IDR) to approximately 10.00 acres and Open Space (OS) to approximately 24.71 acres on a site 34.71 acres in size generally located at 555 Highland Ranch Parkway.
This Comprehensive Plan Amendment certification request is coming forward for City Council consideration in conjunction with three related requests for: (1) annexation of the subject parcel; (2) a development agreement amendment pursuant to NRS 278.0201; and (3) rezoning of the subject parcel from A-40 (Agriculture) to SF-6 (Single Family Residential – 6,000 sq. ft. lots) and A-5 (Agriculture). Collectively, these requests incorporate the 34.71-acre subject parcel into the 5 Ridges project site (Exhibit 1 – Vicinity Map). On July 2, 2020, the Sparks Planning Commission voted to forward a recommendation of approval to the City Council for the annexation, development agreement amendment and rezoning requests and approved the Comprehensive Plan amendment. On September 23, 2020, the Truckee Meadows Regional Planning Commission found this Comprehensive Plan amendment in conformance with the Regional Plan.
Background:
In June of 2018, the City Council entered into a development agreement (the “Agreement”) for a 386.87-acre property located at 555 Highland Ranch Parkway. In conjunction with the Agreement, the City Council approved annexation, Comprehensive Plan land use amendment, and rezoning requests for the site. As the subject property was formerly the site of an aggregate mining operation, the 2018 development proposal was referred to as the Quarry.
In February of 2020, the City Council approved Amendment Number 1 to the Agreement. Modifications to the Agreement resulted from the Master Developer’s further analysis of the site and the land and infrastructure plans. Substantive changes approved in Amendment Number 1 addressed property ownership changes, clarified permitted residential uses, provided an explicit exclusion of previously disturbed slopes from the calculation of maximum disturbed area pursuant to SMC 20.04.011, and altered the timing and scope of required infrastructure improvements. The name of the project also changed to Five Ridges.
Pursuant to the approved the Agreement, a minimum of 1,200 and a maximum of 1,800 residential units are permitted. Single family, duplex and townhome uses are identified as permitted residential uses. Commercial or multi-family development may occur in the C2 zoning district currently located adjacent to Highland Ranch Parkway. At least 100 acres of open space must also be reserved.
Tentative map and Conditional Use Permit (CUP) permit requests within the Five Ridges project site were considered by the Planning Commission and City Council in April and May of 2020, respectively. On May 26, 2020, the City Council upheld the Planning Commission’s decision to approve a CUP for development on slopes, hilltops, and ridges applicable to a 138.13-acre portion of the Five Ridges project site. In conjunction with the CUP, the City Council also approved a tentative map for a 460-lot single-family subdivision on an 88.83-acre portion of the site.
On July 2, 2020, the Sparks Planning Commission voted to forward a recommendation of approval to the City Council for the rezoning, annexation and development agreement requests and approved the Comprehensive Plan amendment. The Planning Commission also forwarded a recommendation of support to City Council for sponsorship of a Regional Plan amendment to re-designate the site from Rural Area to Tier 2 Land and amend the boundaries of the TMSA and City of Sparks SOI to include the site (Exhibit 7 - Planning Commission Report of Action).
On July 27, 2020, the City Council sponsored the Regional Plan amendment to re-designate the 34.71-site from Rural Area to Tier 2 Land and amend the boundaries of the TMSA and City of Sparks SOI to include the site.
On September 24, 2020, the Regional Planning Commission (RPC) held public hearings to review the Regional Plan Amendment sponsored by City Council and the Comprehensive Plan amendment requested by the applicant. The RPC voted to forward a recommendation of approval to the Regional Planning Governing Board for the Regional Plan Amendment and determined that the Comprehensive Plan amendment conforms with the Truckee Meadows Regional Plan. On October 8, 2020, the Regional Planning Governing Board (RPGB) held a public hearing and adopted the Regional Plan Amendment.
With the Regional Plan amendment and conformance review processes complete, the applicant is now seeking City Council action on the development agreement amendment, annexation, Comprehensive Plan land use amendment, and rezoning requests.
Analysis:
As proposed, a 34.71-acre parcel would be added to the Five Ridges project site (Exhibit 1 – Vicinity Map). The entire parcel currently has a Washoe County land use designation of Rural. The applicant is requesting City of Sparks Comprehensive Plan land use designations of Intermediate Density Residential (IDR) for 10.00 acres and Open Space (OS) for 24.71 acres (Exhibit 2 – Existing and Proposed Land Use).
The table below shows the acreage and percentage of Comprehensive Plan land use designations within the expanded 5 Ridges project site.
Land Use Designation |
Proposed Land Use Area (Acres) |
Percentage |
Intermediate Density Residential (IDR) |
368.06 |
87.3 |
Multi-Family Residential (MF14) |
28.81 |
6.8 |
Open Space (OS)* |
24.71 |
5.9 |
Total |
421.58 |
100 |
Comprehensive Plan Amendment Findings
Finding CP1: The proposed Comprehensive Plan amendment would be in conformance with the Regional Plan land use/intensity designation.
Truckee Meadows Regional Plan policies for land use and intensity designations that are relevant to this request include:
RF3 – Density Requirements and Nonresidential Standards: The Regional Plan requires the residential densities and nonresidential standards within the Regional Land Designations, as shown in Table 3.1. The densities listed in Table 3.1 apply to proposed master plan amendments and projects of regional significance that are subject to conformance review.
NR 3 – Development Constraints Area: The Regional Plan defines the Development Constraints Area (DCA) as an overlay upon the Truckee Meadows Service Area and the Rural Area…The DCA consists of playas, jurisdictional waters/wetlands in accordance with Section 404 of the Clean Water Act, designated FEMA floodway areas within the floodplain zone AE, significant water bodies, natural slopes over 30%, publicly-owned open space, and properties that are deed restricted to prevent development…allowed land uses are limited to communication facilities, recreational facilities, parks and open space, utilities, agriculture, forestry, mining, and transportation necessary to service development…Other uses may encroach into the DCA in isolated areas if the encroachments enhance the overall project design and a 2:1 ratio of non-constrained area is preserved as open space for every constrained area that is developed…
Pursuant to an amendment to the 2019 Truckee Meadows Regional Plan adopted on October 8, 2020, the subject site has a Tier 2 Land designation and is located within the Truckee Meadows Service Area (TMSA). Properties located in the Tier 2 Land designation are characterized by suburban development that is less dense than development in the Mixed Use Core or Tier 1 Land designations. Residential density for Tier 2 Land is limited to 30 dwelling units per acre, with allowances for higher density nodes that meet certain criteria. The proposed Intermediate Density Residential (IDR) Comprehensive Plan land use designation allows for a density range of six to less than ten dwelling units per acre and complies with policy RF3. The proposed Open Space (OS) land use designation also complies with policy RF3 as it accommodates passive and active open space, common areas, green space, environmentally sensitive areas, parks, and trails rather than suburban development.
The 2019 Truckee Meadows Regional Plan Development Constraints Map shows portions of the subject site as development constrained due to the presence of slopes with gradients of 30 percent or greater. Most slopes of 30 percent or greater on the subject site are located in the portion of the property where the OS land use designation is proposed. However, smaller areas with slopes exceeding 30 percent are present in the portion of the property where the IDR land use designation is proposed.
The Sparks Comprehensive Plan includes policies discussed in Finding CP2 below that restrict disturbance and development of areas characterized by steep slopes and unique geological features. Hillside development is further regulated by SMC 20.04.011, which not only reduces the amount of land area that may be disturbed for slopes between 15 and 30 percent as slope increases, but also requires a 2:1 ratio of non-constrained area be preserved as open space for all areas with slopes over 30 percent that are developed. These policies are applicable to the annexation area for which this Comprehensive Plan land use amendment is requested. Applying these regulations means that the Comprehensive Plan land use amendment complies with policy NR3.
Finding CP2: The Comprehensive Plan amendment would implement the goals listed within the Sparks Comprehensive Plan as listed in the staff report.
The Comprehensive Plan Goals and Policies that are relevant to this request include:
Policy MG5: When reviewing master plan amendments for sites over 5 acres, the City will evaluate or cause to be evaluated: a) the impacts on existing and planned facilities and infrastructure; b) the impacts on existing and planned public services; c) the proposed land use in relationship to existing land uses; and, d) the fiscal implications for public service providers of the proposed land use changes as documented in a fiscal impact analysis.
Policy CF1: When reviewing new development, the City will not approve an application unless the City services can be provided at acceptable service levels.
Goal H2: Promote a strong, diverse housing market that supports economic growth and vitality while ensuring environmental and fiscal sustainability.
Policy H2: Promote a variety of housing types throughout Sparks, including within mixed-use settings, to expand the choices available to meet the financial and lifestyle needs of a diverse population and workforce.
Policy RC22: Maintain development restrictions and standards in the Sparks Municipal Code as necessary to conform to policies in the Truckee Meadows Regional Plan pertaining to Development Constraints Areas and for slopes with gradients over 30%
Policy RC23: Require new development to preserve and protect significant natural amenities, unique features (e.g., rock outcroppings and drainageways) and other natural features.
The entire site currently has a Washoe County land use designation of Rural. The applicant is requesting City of Sparks Comprehensive Plan land use designations of Intermediate Density Residential (IDR) for 10.00 acres and Open Space (OS) for 24.71 acres (Exhibit 2 – Existing and Proposed Land Use). The IDR land use designation supports single-family housing development with density between six and less than ten dwelling units per acre. Approval of the Comprehensive Plan land use amendment (and corresponding rezoning request) would permit development of residential units consistent with the Agreement, promoting Goal H2.
Policy MG5 and the Agreement both require a fiscal impact analysis (FIA) with review of Comprehensive Plan amendments. The applicant submitted an updated FIA dated April 2020. The conclusions of the revised FIA are discussed in Finding A(2)(G) above.
The Agreement dictates the minimum and maximum number of units permitted in the greater Five Ridges development and specifies the timing and scope of improvements needed to provide City services at acceptable service levels to future units. To serve between 1,200 and 1,800 total units, the Agreement requires:
- Improvements to Highland Ranch Parkway and the intersection of Highland Ranch Parkway with Pyramid Way when certain level of service (LOS) and/or residential unit number thresholds are met;
- Construction of a secondary fire apparatus access road prior to the issuance of a certificate of occupancy for and/or final inspection of any dwelling unit;
- Equipping all dwelling units and commercial structures intended for or used for human occupancy with fire suppression systems;
- Improvements to upsize the sanitary sewer collection system when certain equivalent residential unit (ERU) triggers are met;
- Construction of all flood control and drainage improvements, whether onsite or offsite; and
- Construction of all water transmission facilities and improvements, whether onsite or offsite, to specifications equal to or exceeding those of TMWA.
The applicant provided an updated trip generation letter dated April 2020 based on 1,062 detached single-family units and 158 townhomes (1,220 total units) (Exhibit 3 – Trip Generation Letter). Compared to the previous 2017 traffic study that assumed 1,223 detached single-family units and 13 acres for mini-warehouse use, average daily trips decrease by 679 trips, AM peak hour trips decrease by 67 trips, and PM peak hour trips increase by 24 trips. The April 2020 analysis finds that these trips will result in traffic impacts less than or similar to the trips analyzed in the 2017 traffic study. City staff reviewed the updated trip generation letter and concur with this conclusion.
The applicant also provided sewer and water studies analyzing development of the Five Ridges project site with solely residential development. The sewer study finds existing sanitary sewer mains, trunk mains, and interceptors have available capacity to serve the 1,241 residential units analyzed (Exhibit 4 – Master Sewer Study). Should development exceed 1,650 equivalent residential units (ERUs), Section 3.2 of the Agreement requires existing sanitary sewer collection system capacity upgrades at the developer’s expense. The preliminary water service study assesses the ability of SVGID to supply potable water to the Five Ridges project and associated costs (Exhibit 5 – Preliminary Water Service Planning Report). Section 3.2 of the Agreement requires the Master Developer to construct all water transmission facilities and improvements (both onsite and offsite) to specifications that meet or exceed those of TMWA.
With the Agreement already in place and Amendment Number 2 in process, it is staff’s view that the requested Comprehensive Plan land use amendment complies with Policies MG5 and CF1.
Policies RC22 and RC23 require that new development provide for the protection of natural features such as steep slopes. SMC 20.04.011 regulates project sites over 10 acres in size with slope gradients of 10 percent or greater over 25 percent or more of the site. This section of the zoning code requires the site be analyzed to identify the maximum allowable disturbed area by slope categories. Section 3.3 of the Agreement requires compliance with SMC 20.04.011 for naturally occurring slopes. In addition, Amendment Number 2 limits the total area to be cleared, graded or disturbed to 298 (70.6%) of the 422 acres. The developer is required to convey, with each final subdivision map, the lands designated as open space to the entity responsible for maintenance of those lands (e.g., homeowner’s association).
Finding CP3: The Comprehensive Plan Amendment would be compatible with surrounding land uses.
The surrounding land uses and zoning are summarized in the following table:
Direction |
Land Use |
Zoning |
North |
Rural (Washoe County) |
Open Space (Washoe County) |
South |
Rural (Washoe County) |
Open Space (Washoe County) |
East |
Intermediate Density Residential (IDR) |
SF-6 (Single-Family Residential, 6,000 sq. foot lots) |
West |
Rural (Washoe County) |
Open Space (Washoe County) |
The subject site is located at the northwest corner of the current Five Ridges project site (Exhibit 1 – Vicinity Map). Federally or homeowners-association-owned vacant land is located to the north, south, and west of the site. These vacant lands have a Rural Washoe County Master Plan land use designation. As proposed, the Open Space (OS) Comprehensive Plan land use designation would be applied to the western 24.71 acres of the site. The OS designation is compatible with surrounding unincorporated lands designated Rural. The Intermediate Density Residential (IDR) Comprehensive Plan land use designation proposed for the eastern 10.00 acres of the site is compatible with adjacent land to the east already designated IDR.
FINDING CP4: Public notice was given and a public hearing held per the requirements of Nevada Revised Statutes and Sparks Municipal Code.
Public notice was published in the Reno Gazette-Journal on June 19, 2020. The Planning Commission and City Council meetings function as public hearings for this matter as required by Nevada Revised Statutes and Sparks Municipal Code.
The neighborhood meeting required by NRS 278.210(2) for the proposed Comprehensive Plan land use amendment was conducted by the applicant’s representative on June 8, 2020 (Exhibit 6 – Certificate of Verification for Neighborhood Meeting). Nine people attended the meeting. The applicant’s representative presented the Comprehensive Plan land use amendment. Those in attendance expressed concern about development of the greater Five Ridges project area including development of homes on ridgelines in a manner that will be visible from properties to the north, traffic impacts, and impacts to groundwater due to municipal wells.
Alternatives:
- Council can certify the Comprehensive Plan amendment to apply City of Sparks Comprehensive Plan land use designations of Intermediate Density Residential (IDR) to approximately 10.00 acres and Open Space (OS) to approximately 24.71 acres.
- Council can remand the Comprehensive Plan amendment to the Planning Commission.
Recommended Motion:
I move, based on Findings CP1 through CP4 as set forth in the staff report, to certify a Comprehensive Plan amendment to apply City of Sparks Comprehensive Plan land use designations of Intermediate Density Residential (IDR) to approximately 10.00 acres and Open Space (OS) to approximately 24.71 acres on a site 34.71 acres in size generally located at 555 Highland Ranch Parkway, Sparks, Nevada.
Attached Files:
01 - Exhibit 1 - PCN19-0040 Vicinity Map.pdf
02 - Exhibit 2 - Existing and Proposed Land Use.pdf
03- Exhibits 3-5.pdf
04 - Exhibit 6 - Certificate of Neighborhood Meeting.pdf
05 - Exhibit 7 - Planning Commission Report of Action.pdf