2012 2:00:00 PM

Monday, August 27, 2012 2:00 PM
Sparks Council Chambers, 745 4th Street, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.1

Title: First Reading, Bill No. 2646, PCN12009, DDC – II, LLC, to change the zoning from PO (Professional Office) to C2 (General Commercial) on a site 3.37 acres in size generally located east of Vista Boulevard, south of Basco Way, and north of Iratcabal Drive, Sparks, NV.

Petitioner/Presenter: DDC-II, LLC/Tim Thompson

Recommendation: To read bill by title and schedule 2nd reading and public hearing for the regularly scheduled meeting on September 10, 2012.

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: The proposed zone change is intended to provide greater flexibility with regard to the number of allowable uses. Currently, the zoning is PO (Professional Offcie). The PO zoning is primarily for office type uses. The project site includes several undeveloped building pads and a new building which was completed several years ago, but has never been occupied. The property owner has had a difficult time finding a user that can operate within the parameters of the PO zoning. The applicant it seeking to expand the number of permissible uses by requesting a zone change to C2 (General Commercial). The C2 zoning district provides a wider range of uses than the PO zoning.

Background: The project site was located within the Iratcabal East Area Plan, which was a component of the City of Sparks Master Plan. The area plan was adopted in December 1998. The intent of the Iratcabal East Area Plan was to govern the future development of approximately 41 acres of land east of Vista Boulevard, north of Disc Drive, and south of the northern intersection of Los Altos Parkway and Vista Boulevard. It was expected that the proposed modifications to the land use designations on the subject property would reduce the potential traffic generation relative to the existing designations. Additionally, a more diverse mix of smaller uses was projected along the Vista Boulevard corridor. The area plan included specific master plan land use designations as well as specific design standards. It also included restrictions on uses that would otherwise be permissible in the zoning ordinance. Following plan adoption in 1998, four Master Plan amendments occured. The first two amendments were adopted in 2001. MP-1-01 added public utility structures as an allowed use with the approval of a Special Use Permit in the low density residential land use designation. MP-2-01 altered design standard #10 to include alternative roof treatments and removed 3 acres of mini-storage/R.V. storage in favor of 3 acres of General Commercial land use. In 2003, another Master Plan amendment (PCN03026) was adopted which eliminated the Senior Convalescent land use designation and changed it to Office Professional. Secondly, Personal Service Shop was added as an allowable use within the Office Professional land use designation with the approval of a Site Plan Review. Lastly, design standard #10 was again modified to allow alternative roof materials. In 2006, a Master Plan amendment was adopted which allowed for the inclusion of preschools as an allowed use in the Office Professional land use with a Special Use Permit. As required by NRS, a neighborhood meeting was held on May 7, 2012. The applicant has submitted the required certificate of verification that the neighborhood meeting was held.

Analysis: The proposed Master Plan Amendment is intended to provide greater flexibility with regard to the number of allowable uses. Currently, the zoning is PO (Professional Offcie). The PO zoning is primarily for office type uses. The project site includes several undeveloped building pads and a new building which was completed several years ago, but has never been occupied. The property owner has had a difficult time finding a user that can operate within the parameters of the PO zoning. The applicant it seeking to expand the number of permissible uses by requesting a zone change to C2 (General Commercial). The C2 zoning district provides a wider range of uses than the PO zoning. Following is a table that demonstrates the differences in uses between the PO and C2 zoning districts: PO Zoning C2 Zoning Uses permitted without a special use permit: • Professional and medical offices and medical clinics • banks and other similar financial institutions • renewable energy production – private • in-home child care for the number of children one care giver may care for in accordance with the rules and regulations of child care facilities. • Comparison goods and shopping facilities • offices and clinics • retail and wholesale stores and personal service shops conducted wholly within a building • renewable energy production – private • in-home child care for the number of children one care giver may care for in accordance with the rules and regulations for child care facilities • accessory uses • entertainment facilities • restaurants & bars • health clubs. Uses Permitted in compliance with standards in S.M.C. 20.42: • Drive-through businesses that do not exceed 17 hours of operation in any 24 hour period • accessory uses • Adult Day Care. • Drive-through businesses that do not exceed 17 hours of operation in any 24 hour period • Adult Day Care. Uses requiring a special use permit: • Office projects over 50,000 square feet gross floor area child care facilities requiring more than one care giver • drive-through businesses • single or multi-family residential dwellings (must conform to requirements for R3 districts) • churches • assisted living facilities • health clubs • private recreation clubs and facilities. • Boarding or rooming houses • single family or multi-family residential dwellings (must conform to requirements for R4 districts) • public utility structures • automotive service stations and repair shops • outdoor sales and service operations • mortuaries • drive-through businesses • developments over 20,000 square feet gross floor area • churches • mini-warehouses • child care facilities requiring more than one care giver • schools • outdoor storage accessory to retail stores • assissted living facilities. Based on the above table, it’s evident that the C2 zoning would provide the property owner with greater flexibility with regard to the number of allowed uses. Because the existing zoning and land use are consistent, to consider a zone change to C2 would also require a Master Plan Amendment from Office Professional (OP) to General Commercial (GC). The Findings for a zone change cannot be met unless the land use is compatible with the zoning. The Master Plan document states that GC areas are located adjacent to major arterial street intersections in the City and the City's Sphere of Influence Area boundary. GC areas are suitable near other community facilities such as convention centers, recreational facilities, theaters, and parks. Offices or mixed residential uses usually surround General Commercial shopping land use designated areas. According to the locational criteria, staff believes the General Commercial land use is appropriate for the project site. It should be noted that the adjacent residential may be subject to greater impacts from some of the commercial uses as compared to the office uses. However, it is not uncommon in the City of Sparks to have General Commercial land use and C2 zoning adjacent to single family residential. Because the adjacent residential lots are located at a higher elevation and given the size of the project site, it is conceivable that there will be little or no impact to the adjacent residential from any commercial uses as compared to professional offices. The associated zone change is consistent with the existing land use designation of General Commercial. The requested changes would also be consistent with the existing surrounding land uses.

Alternatives: There are no alternatives.

Recommended Motion: There is no motion. Read bill by title and schedule 2nd reading and public hearing for the regularly scheduled meeting on September 10, 2012.

Attached Files:

PCN12009 - PC staff report - MPA & RZ.pdf

PCN12009 Ord & legal.PDF

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