Sparks City Council Meeting 11/26/2012 2:00:00 PMMonday, November 26, 2012 2:00 PM
Sparks Legislative Building, 745 E. 4th Street, Sparks, NV 89431
Planning and Zoning Public Hearings and Action Items: 8.2
Title: Public Hearing, 2nd Reading, and possible action of PCN12026 Bill#2648, an ordinance rezoning 88 parcels totaling approximately 472 acres from TOD-Employment and TOD-Mixed Use Commercial to 331 acres of I (Industrial), 61 acres of PO (Professional Office), 46 acres of PF (Public Facility), 30 acres of TC (Tourist Commercial), and 4 acres of C2 (General Commercial) generally located south of Prater Way, north of Interstate 80, east of Sparks Boulevard, and west of Vista Boulevard.
Petitioner/Presenter: City of Sparks/Jim Rundle, Senior Planner
Recommendation: The Planning Commission and Community Services Department recommend approval of PCN12026. This is the second reading and public hearing.
Financial Impact: N/A
Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief: This past summer the City Council directed staff to consider removal of the area generally north of I-80, south of Prater Way and east of Sparks Boulevard from the TOD corridor. Doing so requires a Master Plan Amendment, Rezoning and Code Amendment. The Sparks Planning Commission has forwarded a recommendation to remove the area from the TOD corridor. Regional Planning Commission has found the Master Plan Amendment in conformance with the Regional Plan.
Background: CASE NUMBER: PCN12026 REQUESTED ACTION(S): Rezoning PROJECT DESCRIPTION: Master Plan Amendment, Rezoning, and Code Amendment associated with removing the TOD-Employment Designation. APPLICANT: City of Sparks LOCATION: Generally located east of Sparks Boulevard, north of Interstate 80, south of Prater Way and west of Salomon Circle. SITE SIZE: Approximately 352 acres EXISTING ZONING: TOD (Transit Oriented Development - Employment) and Planned Development (PD) PROPOSED ZONING: I (Industrial), PO (Professional Office), PF (Public Facility), TC (Tourist Commercial) and C2 (General Commercial) EXISTING MASTER PLAN DESIGNATION: Transit Oriented Development – Employment PROPOSED MASTER PLAN DESIGNATION: Industrial, Office Professional, Public Facility, Tourist Commercial, and General Commercial 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). This staff report supports a Master Plan change, zoning change, and removal of the “TOD-Employment” design standards. The combination of these three requests will revert most properties within the TOD-Employment district back to their “previous” zoning designations. The 2009 TOD plan was developed through stakeholder meetings, site visits and an inventory analysis over seven years. Prior to the 2009 TOD plan being adopted, interim TOD standards were adopted in 2007 by the Planning Commission and City Council. This TOD plan has now been in place for three years and only a small number of projects have been proposed within the corridor. Staff had identified in the 2009 plan that the TOD corridor was largely built out, and future development activity would occur in the form of infill and redevelopment. The goal was to adopt design standards that would ensure new development is compatible and integrated with the existing structures/neighborhoods in terms of scale and use. Most of the projects proposed to date have not been “typical” TOD projects. Most notable is the NOW Foods project, which required a variance. The Planning Commission voted to approve the variance for the project. Per direction from the Sparks City Council, the Truckee Meadows Regional Planning Governing Board, and the Truckee Meadows Regional Planning Commission, staffs at the respective jurisdictions are reconsidering past plans regarding TOD. This proposal is a first step toward implementing the direction of pulling TOD back to more strategic areas of the Truckee Meadows. All property owners within the existing TOD-Employment area and within 750 feet of the boundary of the Employment district were sent notice of a neighborhood meeting at the Sparks’ Police Station which occurred on July 24, 2012. The process of re-drafting the TOD plan has included other agencies such as RTC, City of Reno and Truckee Meadows Regional Planning. Vision: The Truckee Meadows Regional Plan requires that both cities (Sparks and Reno) plan for transit oriented development. Sparks created a TOD corridor to comply with the regional plan requirement but more so to provide new zoning, development standards and policy guidance to promote infill and redevelopment within Sparks’ urban core. The plan promotes future development within the corridor that is compatible with and complementary to existing neighborhoods and supports enhanced pedestrian networks and utilization of the transit system. The plan has five guiding principles to promote the TOD: 1. Promote Downtown Sparks as the civic/cultural heart of the community; 2. Provide for vibrant mixed use activity centers; 3. Provide for a high quality, context sensitive pattern of development; 4. Provide for an integrated multi-modal transportation system; and 5. Provide for a strong downtown and core area neighborhoods. The Truckee Meadows Regional Plan requires local government master plans to require non-residential development to provide for minimum floor area ratios (FAR) of 1.5 within TOD Corridors. A policy had been included in the Regional Plan to allow for alternative floor area ratios. Policy 1.2.14 in the Regional Plan allows for lower non-residential densities if: 1. Required densities are deemed incompatible; 2. Analysis determines that the minimums are sufficient to support the desired level of public transit; 3. Natural resource constraints limit the desired density or intensity of use; or 4. Facilities or infrastructure are not currently available to support the desired density of development. While Sparks allowed for densities lower than required in the Regional Plan, the minimum densities in Sparks’ codes may still be too high given market conditions and development patterns in the Truckee Meadows. The Sparks Planning Commission has forwarded a recommendation of approval to the Sparks City Council to remove the employment district. The Truckee Meadows Regional Planning Commission found the master plan amendment associated with PCN12026 to be in conformance with the Regional Plan. The master plan amendment was forwarded from Sparks Planning Commission to Regional Planning prior to the Sparks City Council’s review so that at the second reading of this item, the master plan amendment, rezoning and code amendment could be reviewed together.
Analysis: This proposal is to rescind application of the TOD in the general area bounded by Vista Boulevard, Sparks Boulevard, Prater Way and Interstate-80. With the higher development intensities required to support TOD, this area may not be suitable for inclusion in the corridor. When the TODs were established in 2002, the Reno/Sparks corridor was drawn from Northern Nevada Medical Center to Verdi. Since that time, the TOD concept has evolved and there is growing consensus that TOD should be more “concentrated,” as opposed to long corridors. This proposal could be considered a step in that direction. The area to which this proposal would apply is largely built out. Most development in this area will involve reuse of existing buildings. Staff has analyzed every parcel and is proposing a land use and zoning designation most appropriate for the current use of the property and potential future use of the property. This includes designating the Wild Island Park as TC (Tourist Commercial). Present and Future: The rezoning associated with this case is one of the larger rezoning efforts the City has initiated. Staff’s primary concern is, “Are property owners losing anything they gained when they were rezoned TOD?” Most uses permitted by the current TOD-Employment district zoning will be permitted in the proposed zoning district. As with prior rezonings, there may be uses that are not specifically listed in the permitted use tables. However, utilization of our definition section in the Title 20 allows us to classify many uses as uses listed in this table. An example would be a bowling center, which would be classified as an entertainment facility. Table 1 (below) compares the uses allowed by the proposed Industrial zoning to those allowed as the current TOD zoning. The uses in italics are the differing uses. Certain properties (properties within 600 feet of Sparks Boulevard) may meet the parameters to allow for commercial uses. These uses have been depicted in Table 2. Table 1 I (Industrial) *Proposed Zoning* TOD-Employment *Existing Zoning* Use Use Indoor Manufacturing, Fabricating, Processing Indoor Manufacturing, Fabricating, Processing Mini-Storage Mini Storage Outdoor storage Outdoor storage Research and development Research and development Truck Stop Truck Stop Parking Lot, Parking garage Parking Lot, parking garage Public utility structures Public utility structures Auto repair Auto repair Wholesale distribution, warehousing and storage Wholesale distribution, warehousing and storage Accessory retail and personal service shop Accessory retail and personal service shop Building and landscaping supplier Adult Day Care Co-Generation Facility Live/Work dwelling Concrete or Asphalt production Assisted Living Facility Contractor shop Child Care Fleet services Gaming establishment (restricted) Fuel Distribution Hotels Fuel recycling Smog Shop Freight terminal or brokerage Public Transit parking Facility Machinery and heavy equipment sales and service Hospital Recycling Plant, outdoor operations, or storage Library Renewable energy production-utility Museum Renewable energy production-private Rock and concrete crushing and processing Sewage treatment facility Transfer station Vehicle towing and storage Auto Dismantling Table 2 Industrial (parcels within Commercial Corridor) TOD-Employment Financial Institutions –Banks Financial Institutions –Banks Offices Offices Medical office/clinic Medical office/clinic Automotive service station Automotive service station Drive through businesses Drive through businesses Health club, recreational facility Health club, recreational facility Restaurant/Bar Restaurant/Bar Veterinary Clinic Veterinary Clinic Indoor manufacturing, fabricating or processing Indoor manufacturing, fabricating or processing Mini Warehouse, self-storage Mini Warehouse, self-storage Outdoor storage Outdoor storage Research and development Research and development Truck Stop Truck Stop Church Church College/Technical school College/Technical school Public parking Public parking Public Facility Public Facility Public Utility structure Public Utility structure Animal Shelter Animal Shelter Auto repair shop Auto repair shop Wholesale distribution, warehousing, and storage Wholesale distribution, warehousing, and storage Personal Service Personal Service Building and Landscaping supplier Adult day care Concrete or Asphalt production Live/work dwelling Contractor shop Assisted living facilities Fleet Services Child care facility Fuel Distribution Gaming establishment Fuel Recycling Hotels Freight Terminal or Brokerage Smog Shop Machinery and heavy equipment sales Hospital Recycling plant, outdoor operations or storage Library Renewable energy production – utility Museum Renewable energy production – private Rock and concrete crushing and processing Sewage treatment facility Transfer station Vehicle towing and storage facility Auto Dismantling Adult Business Club Large format retail Massage establishment Minor Vehicle testing, service and repair Pawnbroker, autopawn Payday loan establishment Retail sales Tool and equipment rental and sales Vehicle sales and rentals A map depicting the existing and the proposed zoning has been included at the end of the staff report. Certain parcels are currently master planned as TOD, but are not zoned with a TOD designation. This is because in 2009, staff identified certain parcels which had an approved handbook, or City of Sparks parcels which were parks, government buildings, etc. These parcels were not rezoned. Therefore, at this time there is no need to rezone those parcels, they will remain, PF public facility, or PD (Planned Development). The master plan amendment (not a part of this first reading) does not simply include a change in master plan land use designations but includes a modification to the TOD area plan. Staff is proposing amending the TOD area plan to no longer include the employment district or any reference to it. Most of the changes are reflected by underline (addition) and strike-out (deletion); others are reflected in amended illustrations and updated maps REZONING FINDING Z1: The project, as submitted and conditioned, is consistent with the City of Sparks Master Plan and Truckee Meadows Regional Plan. Relationship to the Regional Plan The Regional Plan is intended to manage how and where development occurs. These amendments to the Sparks Master Plan TOD area plan will provide clear policy direction for how future development occurs within the City of Sparks. This Master Plan amendment specifically addresses direction from the Truckee Meadows Regional Planning Governing Board. and Sparks City Council to: -promote sustainable growth and efficient growth patterns through a defined area within which municipal services and infrastructure will be provided. -provide a land use pattern which will promote a more diverse and economic base. -ensure that necessary public services and facilities to support new development are or will be available and adequate, based on adopted levels of service standards, at the time the impact of new development occurs. -lessen sprawl and support a higher intensity and density of development within designated centers and transit corridors suitable for infill development. -place residential, commercial, civic and other uses in proximity to each other to reduce the dependency upon the private automobile, reduce vehicle miles traveled, and conserve energy. -support the revitalization of, and maintain the character of, established neighborhoods and communities while encouraging infill development that is appropriate for its surroundings. -embrace the importance of place making as the creation of spaces that are lively, inviting, enduring, and distinct in character. Important factors include access, comfort, image, activities, and social interactions. Place making fosters a strong sense of community. -create a system of incentives to support a sustainable and economically healthy region. More specifically, this Master Plan proposal promotes specific planning principles listed in the Regional Plan which promote Regional Form and Pattern including: -promoting a regional form that lessens sprawl and supports a higher intensity and density of development within centers and transit corridors. This plan strongly promotes infill development within the designated downtown center and transit corridor. This plan encourages development that promotes: -optimization of existing infrastructure -human scale design -a range of housing types -sense of place through a distinct and attractive community -a community that is complementary to the existing community -a range of transportation choices -provides a land use plan that directs intensification toward the appropriate areas This master plan will promote Goal 1.1 of the Regional Plan “Between 2007 and 2030, at least 99% of the region’s population growth and 99% of the region’s jobs growth will be located in the Truckee Meadows Service Area (TMSA). This proposal will promote Policy 1.2.6 of the Regional Plan “The master plans of local governments must include policies that take maximum advantage of existing resources such as: special transportation assets (air, rail, streets and highways, public transit). This proposal further defines Policy 1.2.10 of the Regional Plan by further refining the Sparks TOD corridor. This proposal promotes Policy 1.2.11 of the Regional Plan as it: -refines the boundaries of the TOD Corridor. -allows for efficient delivery of infrastructure and services through optimization of existing public investment and proximity of services to demand. This proposal will promote Policy 1.2.13 of the Regional Plan as it: -conform with the Regional Plan by including implementation tools to: promote infill development, preserve neighborhoods, and revitalize urban areas.” The changes proposed in the master plan amendment will provide flexibility which will promote infill. The additional permitted uses will provide job growth. Ultimately the flexibility and additional uses will promote revitalization and optimization of existing resources. The Land Use Plan Goals and Policies in the Sparks Master Plan update that area also relevant to this proposal include: GOAL LU1: To create a growth pattern which assures flexible, feasible and efficient developments and which includes natural and cultural amenities. Policy LU1a. The City will support a preferred growth pattern which applies consistent and uniform standards to areas planned for similar uses. LU1b. The City will ensure that development is in accord with the Master Plan and other land use controls to accomplish growth management goals. LU1c. The City will approve development plans which address conditions unique to the developing area to minimize impacts to adjacent properties and assure protection of natural and cultural resources. GOAL LU3: To provide for intergovernmental coordination regarding regional policies for land use intensity of development and promote environmental quality protection. Policiy LU3a. The City will continue to work with other local and regional governments by sharing information and identifying regional issues GOAL LU5: To support land uses and development that assures an appropriate balance of population, housing, and employment distribution within the City. Policy LU5a. The City will encourage land uses and development which maintains a balance of population, housing and employment within urban and emerging growth areas. LU5b. The City will support sustainable economic development resulting in efficient use of resources. LU5c. The City will provide adequate land for future non-residential development. LU5d. The City will facilitate development of clean manufacturing, high technology, recreational or eco-tourism, professional and corporate business, and health care services. LU5e. The City will ensure development of employment centers that preserve and enhance the character of neighborhoods, the natural environment, and visual integrity of surrounding viewsheds. LU5f. The City will ensure development of employment centers in close proximity to established or developing residential areas, along major arterials or freeways, on public transit routes, or implementation of other vehicle trip reduction strategies. LU5g. The City will encourage employment center development on infill sites. LU5h. The City will ensure pedestrian connections throughout emerging employment center developments and to nearby residential areas. LU5i. The City will promote trip reduction as well as reverse commute strategies. The goals and policies listed above support the proposed text and land use changes. . FINDING Z2: The proposal is consistent with the surrounding existing land uses. Should the proposal be adopted, all legally established uses will be consistent with the land use designations proposed. The potential rezoning of all the land within the TOD-Employment district to I, PO, TC, C2, and PF does not provide for inconsistencies in surrounding land uses rather will conform to the land use master plan map. FINDING Z3: Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code. Public notice was given per the requirements of the Sparks Municipal Code and the Nevada Revised Statutes. The Planning Commission and the City Council meetings function as the public hearings for this item. A neighborhood meeting was conducted at the Sparks Police Department on July 24, 2012.
Alternatives: The City Council may choose to remand the request back to the Planning Commission or the Council may choose to deny the request.
Recommended Motion: I move to adopt Bill#2648 and approve the Rezoning request associated with PCN12026 based on findings Z1 through Z3 and the facts supporting these findings as set forth in the staff report.
8.2 REZONING ordinance.pdf