2013 2:00:00 PM

Monday, March 25, 2013 2:00 PM
Sparks Council Chambers, 745 4th Street, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.1

Title: Public Hearing, 2nd Reading, discussion and possible action CA-6-12 of Bill#2651 an ordinance amending Title 20 of the Sparks Municipal Code to modify the expiration provisions for Special Use Permits (Chapter 20.13) and Site Plan Review (Chapter 20.31) and other matters properly relating thereto. (CONTINUED FROM THE 2/11/13 CITY COUNCIL AGENDA)

Petitioner/Presenter: City of Sparks/Jim Rundle, Senior Planner

Recommendation: The Planning Commission and the Community ServicesDepartment recommend approval of CA-6-12.

Financial Impact: Not applicable

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

Agenda Item Brief: At a City Council meeting in 2012, the City Council directed that staff look at amendments to the development codes to remove barriers to development and job creation. This proposal would change the expiration date related to the approval of a use established by a Special Use Permit or Site Plan Review from one year to two years. This item was continued from the February City Council meeting to provide staff the opportunity to determine whether or not this item could be retroactive.

Background: At a City Council meeting earlier this year, the City Council directed staff to look at amendments to the development codes to remove barriers to development and job creation. Staff, with the help of a consultant team, conducted an analysis of the chapter of its municipal zoning code (Title 20). In September the Council received a Zoning Code Assessment providing a detailed analysis of Clarion’s findings and recommendations. There have been two workshops for the City Council to discuss the findings of the report. Through those discussions, the City Council has directed staff to prepare certain amendments to the zoning code. This proposal is to amend Chapters 20.13 and 20.31 of the Sparks Municipal Code. Specifically, this amendment would change the expiration date related to the approval of a use established by a Special Use Permit or Site Plan Review from one year to two years. At the initial City Council public hearing for this item in February (2103), the item was continued to provide staff the opportunity to investigate the Council’s question as to whether this ordinance could be applied retroactively and, if so, which entitlements this ordinance could affect. After consulting with the City Attorney’s office, staff believes this ordinance will not only apply to new Special Use Permits and Site Plan Reviews, but any approved Special Use Permit which have not yet expired. An attachment has been included with this staff report which includes a table reflecting which previously approved Special Use Permits and Site Plan Reviews this ordinance would affect.

Analysis: Typically the use/building for which the Special Use Permit\Site Plan Review was approved is established prior to the one year expiration date. There are times applicants are unable to establish the use within one year in which case they can request a one year extension. The Special Use Permit extension is considered by the Planning Commission. The extension requires the applicant to make a request to staff, staff to create a staff report and hold a public hearing with the Planning Commission. The Planning Commission has consistently approved one year extension requests of applicants. A Site Plan Review time extension is considered by staff as staff made the final decision of approval. Approval of an extension allows for the use to be established or construction to begin within one year of the initial expiration date. This proposal is to change Special Use Permit and Site Plan Review expiration dates from one year to two years. The expiration date extension provision would remain the same, permitting an applicant to request a one year extension beyond the expiration date. Assuming the code amendment is approved, changing the expiration date from one year to two years, this could allow the applicant up to three years to establish a use for which the Special Use Permit or Site Plan Review was approved. These proposed extensions can help projects that have slowed or stalled because of market conditions. Granting an additional year gives developers more time and flexibility to modify or renew financing and make other adjustments necessary to recalibrate the original project to adjust to a changing market. However, too long of an extension allows old approvals to stay active and, at some point, old approvals should be allowed to expire to make room for new applications with projects that reflect development priorities. The Zoning Code Assessment report provided to the City Council by Clarion states, “Our research shows that communities across the country are granting similar extensions (one to two years).” Staff supports extending the expiration date on a Site Plan Review and Special Use Permit from one year to two years plus the option of a one year extension beyond two years. Staff also recommends retroactive application of the ordinance to active special use permits and site plan reviews that have not yet met all of their conditions of approval. The amendment proposals are below. Staff has struck words and added words. Struck words are reflected by line-out, added words are reflected by both italics and underline. Staff is proposing to amend the code as follows: Section 20.13.070 Issuance of special use permit and recission of approval. Following final approval of a special use, the administrator shall issue the permit after the conditions of approval, except for continuing conditions, have been satisfied. If such conditions of approval have not been satisfied within one two years after final action was taken, or within such other time limit specified in the permit, the approval is automatically rescinded. Section 20.13.080 Expiration of special use permit. Once a special use permit has been approved, the applicant has one two years after the date of the approval to establish the permitted use. If the permitted use has not been established, or construction to accommodate that use has not begun within one two years after the approval, and diligently pursued, it shall become null and void. Section 20.13.090 Extension of time. If a permit holder is unable to establish the permitted use or begin construction to accommodate such use within one two years, or the time specified in the special use permit, the body which approved it may extend the expiration date of the special use permit for a maximum of one year beyond the original expiration date. To obtain such an extension, written request must be submitted to that body by the permit holder before permit expires. Section 20.31.090 Expiration of site plan review. Once a site plan review has been approved by the administrator, the applicant has one two years to establish the permitted use. If the permitted use has not been established or construction to accommodate that use begun within one two years following approval and diligently pursued, it shall become null and void. Once a permitted us has been established in accordance with the conditions of approval of the site plan review and the site plan review permit has been issued by the administrator, the permit will be valid until revoked unless there is a specific expiration date. Section 20.31.110 Extension of time. In the event that an applicant is unable to establish the approved use or begin construction to accommodate such use within one two years or a time specific to the particular site plan review, the administrator may extend the expiration date, provided that a written request, which includes the current status of the project, is submitted to the administrator by the applicant before the approval expires.

Alternatives: The Council may choose to remand the proposal back to the Planning Commission, modify the proposal or to deny the proposal.

Recommended Motion: I move to adopt Bill #2651 amending Title 20 of the Sparks Municipal Code modifying the expiration provisions for Special Use Permits (Chapter 20.13) and Site Plan Review (Chapter 20.31) and other matters properly relating thereto.

Attached Files:

SUP-SPR time extension3-8-13.pdf

ordinance.pdf

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