2012 2:00:00 PM

Monday, August 13, 2012 2:00 PM
Sparks Council Chambers, 745 4th Street, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.1

Title: PCN12020, Alfa Aesar, Consideration of and possible action on a request for a Special Use Permit to allow for storage and distribution of hazardous chemicals on a site approximately 9.6 acres in size in the TOD (Transit Oriented Development-Employment) zoning district located at 2070 Brierley Way in Sparks, NV.

Petitioner/Presenter: Prologis for Alfa Aesar/Jim Rundle, Senior Planner

Recommendation: The Planning Commission recommends that the Sparks City Council approve the Special Use Permit to allow for storage and distribution of hazardous chemicals at 2070 Brierley Way.

Financial Impact: None.

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: The Sparks Planning Commission, at its July 19 meeting, forwarded a recommendation of approval to allow for storage and distribution of hazardous chemicals on a site approximately 9.6 acres in size in the TOD (Transit Oriented Development-Employment) zoning district located at 2070 Brierley Way. This entitlement actually falls under NRS and not the Sparks Municipal Code (SMC). Unlike most Special Use Permits, in this case the Planning Commission served as a recommending body to the City Council. NRS 278.147(5) states, “The planning commission shall, within a reasonable time after the public hearing, submit to the governing body its recommendations for any actions to be taken on the application." CASE NUMBER(S): PCN12020 REQUESTED ACTION(S):Special Use Permit PROJECT DESCRIPTION:Special Use Permit to allow for storage and distribution of hazardous chemicals. PROPERTY OWNER: Prologis APPLICANT:Alfa Aesar LOCATION:2070 Brierley Way SITE SIZE:9.6 acres EXISTING ZONING: TOD (Transit Oriented Development) MASTER PLAN DESIGNATION:Transit Oriented Development - Employment EXISTING LAND USE: Industrial WARD INFORMATION:Ward 3 – Ron Smith A PUBLIC HEARING IS REQUIRED

Background: In 2009 the Planning Commission, in conjunction with City Council action, re-master planned and rezoned approximately 2,300 acres of the city of Sparks to TOD (Transit Oriented Development). The site at 2070 Brierley Way was included in this action and is now designated TOD-Employment. Prior to this, the site was zoned I (Industrial) the designation it received when it was annexed into the City. Construction of the present building (for which this Special Use Permit will allow occupancy of for the proposed use) was completed in the early 1990’s. The buildings have since been utilized for industrial land related uses; most recently, Caterpillar occupied the site. This past spring, the applicant (Alfa Aesar) contacted the City of Sparks and a pre-application meeting was scheduled. Staff identified and informed the applicant of the Nevada Revised Statute requirement (NRS 278.147) for a “conditional use permit” to store hazardous substances in a facility in this state. The applicant subsequently submitted for a “Special Use Permit” which is the City of Sparks’ version of a conditional use permit. This entitlement actually falls under NRS and not the Sparks Municipal Code (SMC). Unlike most Special Use Permits, in this case the Planning Commission will serve as a recommending body to the City Council. NRS 278.147(5) states, “The planning commission shall, within a reasonable time after the public hearing, submit to the governing body its recommendations for any actions to be taken on the application.” Alfa Aesar is an international company that sells specialized chemicals for use in research and development by manufacturing companies, academia, and pharmaceutical companies throughout the world. A typical customer would be a university with research funds dedicated to discovering cures for disease. The Sparks site will serve the western United States. Currently, Alfa Aesar serves the western United States from a facility in Massachusetts. On July 19, 2012, the Sparks Planning Commission Planning moved to forward a recommendation of approval to City Council the Special Use Permit request associated with PCN12020 based on findings S1 through S6 and to include Conditions 1 through 6 and the facts supporting these findings as set forth in the staff report.

Analysis: The site for which this application applies is within the Employment District of the TOD. This district is dominated by warehouse and light industrial development and the location for several distribution operations and a number of office uses. This City’s master plan encourages additional employment and supports adaptive reuse. Finding S1 addresses specific master plan goals for the Employment district which support the City diversifying its economic base by expanding the types of uses within the area. Diversification requires reinvestment and intensification of existing buildings in the area. The respective entitlement would provide Alfa Aesar the opportunity to adapt an existing industrial building to suit their needs. It is anticipated Alfa Aesar’s operations at the site on Brierley Way would generate 17 peak hour trips and 105 average daily trips, and therefore does not require any type of traffic study. Alfa Aesar anticipates 12 full-time employees but hopes to double that within three years. Even with the additional employees, the intensification is well within what Brierley Way was designed to accommodate in regard to traffic impacts at the site. The operations would be entirely within the building at 2070 Brierley Way. As discussed in the “Background” section, the Special Use Permit is required by NRS. Outside of standard SMC noticing requirements, staff has complied with NRS 278.147 and noticed all property owners within 1,000 feet, the Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, the State Fire Marshal, and the Administrator of the Division of Industrial Relations of the Department of Business and Industry. In reviewing the Special Use Permit application, staff has identified that the project would support the goals and strategies of the TOD Master Plan for the Employment district but does require special consideration regarding compatibility with the surrounding properties. A hotel exists south across Brierley Way from the site. Staff proposes as a condition that the applicant conduct a meeting with the manager of the hotel informing them of the intent to store hazardous (as defined by NRS) chemicals at the site. As required by NRS, a list of the approved chemicals will be stored in the file (PCN12020). Any additional hazardous chemical shall be considered by an amendment to this entitlement (should this permit be approved.) FINDING S1: The proposal, as submitted and conditioned, is in compliance with the TOD Master Plan (a component of the Sparks Master Plan). The respective development is located within an area that has the Master Plan Land Use designation of TOD. The equivalent zoning district is TOD (Transit Oriented Development-Employment). The uses in the Employment area include a range of light industrial, professional services, medical, and office uses. Secondary uses, such as restaurants, retail services, and personal services may also be appropriate to serve employees. The TOD Master Plan document goes on to state the employment district is a major employment center for the City of Sparks. The Medical Center at the east end serves as an anchor in this district but other employment opportunities for residents are available along Sparks Boulevard, Vista Boulevard, and Prater way. Small parks and plazas throughout the district are linked together and to the bike path with a connected pathways system. The Land Use Plan Goals and Policies in the TOD Master Plan relevant to the Employment district, where this proposal is located, include: Goal 4.1: Develop and Enhance the Employment District as an Employment Hub. Key Strategies to implement this Goal are: Strategy 4.1 a. Diversify Economic Base Strategy 4.1 b. Encourage Reinvestment and Intensification along Vista Boulevard, Sparks Boulevard, and Prater Way FINDING S2: The application, as submitted and conditioned, is compatible with the existing or permitted uses of adjacent properties. The uses within proximity of the proposed use at 2070 Brierley are compatible Industrial uses; however the hotel to the south requires special consideration. This Special Use Permit serves to provide notice to the hotel as well as consider and address potential impacts from the storage of hazardous chemicals (as defined by NRS) upon the hotel use. These impacts have been addressed as described in Finding S4. The existing surrounding land uses are as follows: SURROUNDING LAND USES & ZONING • North: Industrial use (TOD-Employment) • East: Industrial use (TOD-Employment) • South: Interstate 80 and a Hotel (TOD-Mixed Commercial) • West: Industrial-outdoor storage (TOD-Employment) FINDING S3: The potential impairment of natural resources and the total population which available natural resources will support without unreasonable impairment has been considered. The application is to allow for storage of hazardous chemicals in the “Employment” area within the TOD zoning district. The potential impairment of natural resources and the total population which available natural resources will support without unreasonable impairment was considered when the site was designated within the Transit Oriented Development Corridor in the 2002 and 2007 Master Plan Updates. The area was officially remaster planned to TOD by resolution in 2009. FINDING S4: The affect the availability of and need for affordable housing in the community, including affordable housing that is accessible to persons with disabilities has been considered. See the discussion presented above. This application is to allow for storage of hazardous chemicals. The effect the availability of and need for affordable housing in the community including affordable housing that is accessible to persons with disabilities has been considered when the site was designated as “Employment” within the TOD master plan. FINDING S5: The application, as submitted and conditioned, will address identified impacts. Outdoor storage: The developer shall store all materials, including but not limited to the hazardous chemicals, within the building. Any outdoor storage of any materials shall be considered through the Site Plan Review process. Chemical List: The applicant shall provide a list of each chemical they will have stored or potentially stored at the site. An amendment to the Special Use Permit is required in the case a chemical is stored at the site that is not on the provided list dated “received July 9, 2012” and is considered by the State of Nevada as a hazardous chemical. Hotel: The applicant shall provide documentation to the approval of the administrator that a meeting was held with the manager of the hotel at 2080 Brierley informing them of the intent to store hazardous chemicals (as defined by the Nevada Revised Statutes) at 2070 Brierley Way. FINDING S6: Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code and the Nevada Revised Statutes. Public notice was provided. The Planning Commission and City Council meetings function as the public hearings for this item per the requirements of Nevada Revised Statutes and Sparks Municipal Code. The application was noticed to all property owners within 1,000 feet of the site as required by NRS for facilities storage certain substances. Over 30 property owners were notified of the Planning Commission public hearing. CONDITIONS FOR PCN12020 1. Approval: The Project is approved as submitted and conditioned. Any substantive change shall require review and approval by the Planning Commission as an amendment to this Special Use Permit. 2. Expiration Date: The Special Use Permit shall expire within one year of the date of Planning Commission approval unless the permitted use has been established. A one year extension may be granted by the Planning Commission if the requested use has not been established. Any request for a one year extension shall be submitted in writing to the Administrator and shall occur prior to the original Planning Commission approval date. 3. Washoe County District Health: Environmental Health Services Division: The developer shall comply with the letter from Bryan W. Tyre, P.E. dated June 13, 2012. 4. Outdoor storage: The developer shall store all materials, including but not limited to the hazardous chemicals, within the building. Any outdoor storage of any materials shall be considered through the Site Plan Review process. 5. Chemical List: The applicant shall provide a list of each chemical they will have stored or potentially stored at the site. An amendment to the Special Use Permit is required in the case a chemical is stored at the site that is not on the provided list dated “received July 9, 2012” and is considered by the State of Nevada as a hazardous chemical. 6. Hotel: The applicant shall provide documentation to the approval of the administrator that a meeting was held with the manager of the hotel at 2080 Brierley informing them of the intent to store hazardous chemicals (as defined by the Nevada Revised Statutes) at 2070 Brierley Way.

Alternatives: The Council may remand the application back to the Planning Commission or deny the Special Use Permit request.

Recommended Motion: I move to approve the Special Use Permit associated with PCN12020 based on Findings S1 through S6 including conditions 1 through 6 and the facts supporting these findings as set forth in the staff report.

Attached Files:

PCN12020 Alfa Aesar Report of Action.pdf

Alfa Aesar Attachment.pdf

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