2012 2:00:00 PM

Monday, July 9, 2012 2:00 PM
City Council Chambers, Legislative Building, 745 Fourth St, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.1

Title: PCN12016- Consideration of and possible action on a request for Tentative and Final Approval of an amendment to the Marina Landing Planned Development Handbook to amend the time limit for occupancy in the RV park from 25 days to 90 days and increase the maximum sign height from 8 feet to 20 feet on a site 13.4 acres in size in PD (Planned Development – Marina Landing Planned Development) zoning district.

Petitioner/Presenter: Sparks Marina RV Park/Karen L. Melby

Recommendation: The Community ServicesDepartment and Planning Commission recommend approval of PCN12016; see suggested motions below.

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: A request for Tentative and Final Approval of an amendment to the Marina Landing Planned Development Handbook to amend the time limit for occupancy in the RV park from 25 days to 90 days and increase the maximum sign height from 8 feet to 20 feet.

Background: 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, consists of approximately 22 acres and to date has been developed with a RV park and car wash. On May 17, 2012, the Planning Commission approved a Special Use Permit to allow a convenience store with fuel sales. 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 Planned Development Handbook. The applicant is proposing to change standards relating to the length of stay in RV Park and the height of the RV Park sign. The NRS 40.215 Definitions 7 states “Recreational vehicle park means an area or tract of land where lots are rented or held out for rent to accommodate a recreational vehicle overnight or for less than 3 months.” This definition is the only reference in NRS on the maximum length of stay in a RV Park and has been utilized to restrict the maximum stay in a RV Park to 90 days. Sparks Municipal Code (SMC) in Title 20.98.060 (C) Unlawful Acts restricts a RV to occupy a RV Park for a period of more than 25 days and any RV space at the same RV Park for more than 50 days during any three consecutive calendar months. The Marina Landing Planned Development Handbook was written with this restriction. Planned Development Handbooks are the zoning documents governing the use of the lands within the legal boundary of the planned development. The NRS and SMC both allow the regulations and standards within a planned development to vary from their requirements. The applicant is proposing to make the maximum length of stay to be 90 days, following the NRS definition. Staff considered the proposed amendment minor so we are processing the changes concurrently for the tentative and final handbook amendment.

Analysis: This request is for tentative and final approval of amendments to the Marina Landing Planned Development Handbook. The applicant is requesting to amend the current limits within the handbook for maximum occupancy within the RV Park from 25 days to 90 days. The applicant states that the RV Park has been serving ‘longer-term’ clientele as a place for workers who live other places but are working within the Truckee Meadows area for an extended period and decide to reside in their RV. Restricting their stay to 25 days is difficult since most jobs are generally longer than 25 days. The applicant is proposing to be consistent with the NRS definition of RV Park to make the maximum stay as 90 days. The other amendment to the Handbook includes changes to the sign regulations. The applicant is proposing to allow the sign for the RV Park to be a maximum height of 20 feet and the sign to be designed so that any pole is covered by architecture element consistent with the project architecture and the standards of the Marina Landing Handbook. The current regulation in the Handbook is maximum height of 8 feet. The applicant is requesting to increase the height of their sign because approaching the RV Park from the west on Lincoln Way their customers are unable to see the current sign and tend to miss the turn into their driveway. The property is designated Mixed Use - Commercial which follows the C2 requirements for signs and allows the maximum height to be 30 feet. PLANNED DEVELOPMENT FINDINGS: PD1 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for housing of all types and design. This amendment permits a temporary housing option particularly for out of state construction or mining workers. PD2 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for necessary commercial and industrial facilities conveniently located to the housing. This amendment does not change the original intent of allowing a RV Park as one of the land uses within the Marina Landing Planned Development. The applicant will still have to comply with the other regulations in the handbook, not permitting the occupancy of RVs with back-up beepers adjoining the mobile home park and the occupants of the RV Park must comply with the quiet hours. The operator of the RV Park will still have to comply with the requirements as outlined in Title 20.98.060 (l) for registering of occupants of the RV Park. PD3 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for the more efficient use of land and public or private services. This amendment does not affect the use of lands and public or private services. PD4 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for changes in technology of land development so that resulting economies may be available to those in need of homes. This amendment provides a temporary housing option. PD5 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for flexibility of substantive regulations over land development so that proposals for land development are disposed of without undue delay. This amendment allows some flexibility in the operation of the RV Park. PD6 The plan does not depart from zoning and subdivision regulations otherwise applicable to the property, and these departures are in the public interest for density. This amendment is different than the SMC permits as the maximum stay in a RV Park but does not exceed the definition of RV Park in the NRS. PD7 The plan does not depart from zoning and subdivision regulations otherwise applicable to the property, and these departures are in the public interest for bulk. This amendment does not affect the bulk. This amendment does not change the number of spaces to be occupied only the length of stay. PD8 The plan does depart from zoning and subdivision regulations otherwise applicable to the property and these departures are in the public interest for use. This amendment does not change the use of the land. PD9 The ratio of residential to nonresidential use in the planned development is: This amendment does not include any residential so there is no ratio of residential to nonresidential use. PD10 Common open space in the planned development exists for what purpose, is located where within the project, and comprises how many acres (or what percentage of the development site taken as a whole). This amendment does not change amount of open space of the RV Park or the Marina Landing Planned Development. PD11 The plan does provide for the maintenance and conservation of the common open space by what method. The Marina Landing Development Standards Handbook continues to address the maintenance and conservation of the common open space. PD12 Given the plan’s proposed density and type of residential development, the amount and/or purpose of the common open space is determined to be adequate. The planned development handbook requires a percentage for landscaping consistent with Title 20. PD13 The plan does provide for public services. If the plan provides for public services, then these provisions are adequate. The planned development provides for public services to serve the existing RV Park, car wash and proposed buildings as part of this planned development. PD14 The plan does provide control over vehicular traffic. The street design conforms to City of Sparks street standards. PD15 The plan does provide for the furtherance of access to light, air, recreation and visual enjoyment. This amendment will not change the access to light, air, recreation and visual enjoyment. PD16 The relationship of the proposed planned development to the neighborhood in which it is proposed to be established is beneficial. This amendment does not affect the standards in the handbook to mitigate the impacts to the neighboring mobile home park. PD17 To the extent the plan proposed development over a number of years, the terms and conditions intended to protect the interests of the public, residents and owners of the planned development in the integrity of the plan are sufficient. The standards in the handbook added during the public hearing process to mitigate the impacts on the mobile home park are unaffected by this amendment. PD18 The project, as submitted and conditioned, is consistent with the City of Sparks Master Plan. Since adoption of the Marina Landing Planned Development Handbook, the Transit Oriented Development (TOD) master plan was approved and governs the land. As this is not a project but rather a proposal to alter the standards within the planned development handbook, the amendment is neither more or less consistent with the Sparks Master Plan. PD19 The project is consistent with the surrounding existing land uses. The RV Park is an existing use and this amendment only affects the use of the RV Park. PD20 Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code. Public notice was given. The Planning Commission and City Council meetings function as the public hearing per the requirements of SMC and NRS. PD21 Modification of Marina Landing Planned Development furthers the interest for the City and the residents and preserves the integrity of the plan. When considering rezoning a Planned Development, the City must be able to identify that the “modification” is to “further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan as finally approved,” NRS 278A.380 (2). The proposed amendment governs the operations of the RV Park and its sign. This amendment maintains the integrity of the originally adopted Marina Landing Planned Development. FINAL HANDBOOK Sparks Municipal Code 20.18 regulates the review process for Planned Developments. Sparks Municipal Code 20.18.080 specifies 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 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. Nevada Revised Statutes (NRS) 278A.540 states what constitutes substantial compliance with a tentative approved planned development application. ANRS 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: A. Vary the proposed gross residential density or intensity of use; B. Vary the proposed ratio of residential to nonresidential use; C. Involve a reduction of the area set aside for common open space or the substantial relocation of such area; D. Substantially increase the floor area proposed for nonresidential use; or E. 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 NRS, staff is of the opinion that the final approval draft of the Marina Landing Planned Development can be processed concurrently with the tentative handbook amendment since the proposed changes are minor in nature and maintains the integrity of the planned development handbook and is in substantial compliance with the tentatively approved plan as approved by the City Council. The final draft handbook: • does not vary the proposed gross residential density or intensity of the Marina Landing Planned Development Standards 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. There are no changes proposed in the final Handbook.

Alternatives: 1. The City Council may deny the request for amendment to the Marina Landing Planned Development Handbook both the tentative and final planned development handbook. 2. The City Council may approve the tentative handbook amendment and require the applicant to bring back the final handbook because the City Council is of the opinion that the amendment is a substantial change and should not be reviewed concurrently.

Recommended Motion: I move to approve the tentative and final Planned Development Handbook for Marina Landing, PCN12016, adopting Findings PD1 through PD21 and facts supporting these Findings as set forth in the staff report.

Attached Files:

PCN12016 Marina Landing PD HB tentative and final approval (2).pdf

page 24.pdf

page 52.pdf

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