CITY OF SPARKS PLANNING COMMISSION MINUTES THURSDAY, MARCH 6, 2014

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1 CITY OF SPARKS PLANNING COMMISSION MINUTES THURSDAY, MARCH 6, 2014 Planning Commissioners: Art Sperber Chair Barbara Sanders-Vice Chair Doug Voelz George Cammarota Tom Lean Mitch Nowicki James Fewins 1. CALL TO ORDER The meeting was called to order at 6:00 p.m. 2. ROLL CALL PRESENT: STAFF: Thomas Lean, George Cammarota, Mitch Nowicki, and James Fewins, and Barbara Sanders Art Sperber and Doug Voelz. City Planner Armando Ornelas, Assistant City Attorney Doug Thornley, Senior Planner Karen Melby, Senior Planner Jim Rundle, Senior Planner Tim Thompson and Administrative Assistant Janet Stout. 3. PUBLIC COMMENT There was no public comment. 4. *APPROVAL OF THE AGENDA MOTION: Planning Commissioner Nowicki made a motion to approve the agenda. Planning Commissioner Lean, Cammarota, Nowicki, and Fewins, and

2 Page 2 of 7 5. *APPROVAL OF MINUTES Review and possible approval of the minutes from the January 16, 2014 Planning Commission meeting. MOTION: Planning Commissioner Nowicki moved to approve the minutes from the January 16, 2014 meeting. 6. ANNOUNCEMENTS AND COMMITTEE REPORTS There were no announcements or committee reports. 7. *INFORMATIONAL ITEMS There were no informational items. PUBLIC HEARING ITEMS 8. *PCN14003, RISING TIDES, LLC, Consideration of and possible action to rezone from A-40 and A-5 (Agriculture) to NUD (New Urban District) on a site approximately acres in size located east of Pyramid Way and north of Kiley Parkway, Sparks, NV. An agenda item from Senior Planner Karen Melby recommending approval of the rezoning associated with PCN This request is to change the zoning for the balance of the Kiley Ranch North Planned Development to NUD. This area has never had a final handbook reviewed or approved. The subject property included in this request represents the remaining parcels held by Rising Tides, LLC. The total area to be rezoned is acres. Mike Railey with Rubicon Design Group, representing the applicant, introduced himself as well as Scott Christy who is one of the partners of the Project. Brenda Becker of Sparks, NV asked what types of buildings are proposed to be built on this property. Mr. Railey noted with the upcoming handbook it is proposed to have residential, single and multi-family. Karen Rainey of Sparks, NV has concerns of the traffic impacts. Ms. Melby stated at the time the Kiley Ranch handbook was approved in 2004, traffic studies were conducted. The infrastructure has been improved to accommodate the anticipated traffic. At this point, there are no proposed changes to the uses that were approved for the Master Plan. The public hearing was closed. At the request of Commissioner Fewins, Ms. Melby clarified this is a rezoning request only and the applicant will need to bring forward a request for a final planned development handbook.

3 Page 3 of 7 MOTION: Planning Commissioner Lean moved to forward a recommendation of approval, to City Council, for the rezoning, associated with PCN14003, based on the Findings Z1 through Z3 and the facts supporting these Findings as set forth in the staff report. SECOND: Planning Commissioner Nowicki. 9. *CA-2-14, CITY OF SPARKS, Consideration of and possible action on an ordinance amending Title 20 of the Sparks Municipal Code to provide zoning authorization (Section ) for the establishment of medical marijuana cultivation facilities, independent testing laboratories and facilities for the production of edible marijuana products or marijuana-infused products and other matters properly related thereto. An agenda item from Karen Melby recommending approval to City Council of CA-2-14 to amend Chapter 20 of the SMC to establish zoning authority for the establishment of medical marijuana cultivation facilities, independent testing laboratories and facilities for the production of edible marijuana products or marijuana-infused products. In the year 2000, voters in Nevada passed Question 9, amending the state constitution to sanction medical cannabis (i.e. marijuana) and, specifically, to allow physicians to authorize qualified patients to consume and grow cannabis for personal use. The State Legislature passed and Governor Sandoval signed into law SB 374, which directs the Nevada Department of Health and Human Services to develop regulations for and to oversee the creation of licensed establishments for the production, testing, and dispensing of cannabis and cannabis-infused products to authorized patients for medical use. The Division of Public and Behavioral Health of the Nevada Department of Health and Human Services have issued proposed regulations for the operation of medical marijuana establishments. It is anticipated that in April 2014 the final regulations will be issued and the state will begin a process to accept applications for registration certificates for medical marijuana establishments. As part of the State s review of these applications, the locations must be identified. If the local government has not enacted zoning restrictions, the medical marijuana establishment is not required to secure approval from the local government. By enacting regulations in Sparks, this will give the City review and input of operation for these types of facilities. The code amendment establishes zoning regulations for cultivation, independent testing labs, and production of infused products into edible products. This code amendment restricts the three uses to the City s industrial district along with the issuance of an Administrative Review. The public hearing was closed MOTION: Planning Commissioner Lean moved to forward a recommendation of approval to City Council of CA-2-14 to amend Chapter 20 of the Sparks Municipal Code to establish zoning authority for the establishment of medical marijuana cultivation facilities, independent testing

4 Page 4 of 7 laboratories and facilities for the production of edible marijuana products or marijuana-infused products.. SECOND: Planning Commissioner Nowicki. 10. *CA-3-14, CITY OF SPARKS, Consideration of and possible action on an ordinance amending Title 20 of the Sparks Municipal Code to establish an administrative review (Section 20.12), including the process, application requirements, findings and other matters properly related thereto. An agenda item from Karen Melby recommending approval to the City Council of CA-3-14 to amend Chapter 20 of the SMC to establish an administrative review process. The Zoning Code currently has a Site Plan Review process which is for new construction. The Administrative Review is an administrative process, reviewed by the reviewing agencies. There is no public noticing or public hearing. A letter of approval is issued with conditions of approval. An administrative review process is being proposed to establish a process to review proposed uses such as medical marijuana establishments. As written, the review is conducted by the reviewing agencies with no public hearing or noticing. The Zoning Code will provide use standards that are typical conditions for the operation and location of the proposed use. The public hearing was closed. MOTION: Planning Commissioner Fewins moved to forward a recommendation of approval to City Council of CA-3-14 to amend Chapter 20 of the Sparks Municipal Code to establish an administrative review process.

5 Page 5 of *PCN14002, CTB, INC, Consideration of and possible action on a Special Use Permit request to allow a church and office on a site 6,970 square feet in size in the TOD (Transit Oriented Development) zoning district located at 1188 Victorian Plaza Circle, Sparks, NV. An agenda item from Senior Planner Tim Thompson recommending approval of the Special Use Permit associated with PCN14002 to allow for the establishment of a church. Although the project site is zoned TOD, the project itself does not qualify as a TOD project pursuant to the applicability section in the TOD Development Guide. In reviewing this application, Staff has concerns with parking issues as well as hours of operation. These issues have been addressed in Conditions of Approval #6 and #7. Should the church desire to provide child care services or establish school at the project site, an amendment to this Special Use Permit is required. Frank Lepori, the applicant, introduced himself and confirmed there will be a choir in the future. Patricia White of Sparks, NV, has concerns with street parking and the children playing outside of the church near her house. The public hearing was closed. MOTION: Planning Commissioner Fewins moved to approve the Special Use permit associated with PCN14002 to allow for the establishment of a church adopting Findings S1 through S6 and the facts supporting these Findings as set forth in this staff report, subject to the Conditions of Approval 1 through 7 as listed in this staff report. GENERAL BUSINESS 12. *PCN TL MANAGEMENT, INC., Consideration of and possible action on a Tentative Map (Upper Highlands at Cimarron Phase 4) request for a 41 lot residential subdivision on a site approximately acres in size in the NUD (New Urban District) zoning district located south of the intersection of Orange Plains Drive and Desert Fox Drive, Sparks, NV. An agenda item from Tim Thompson recommending forwarding a recommendation of approval of The Tentative Map associated with PCN A tentative map request for Upper Highlands at Cimarron East, a 251-lot single family residential development, was originally approved by the City Council on March 22, Subsequently, three final maps were recorded. The final map for Phase 3 included improvement plans for Phase 4. However, no final map was ever recorded for Phase 4. Because a final map was not recorded for the remaining lots (Phase 4) within the oneyear time frame, the tentative map expired. This is a review of an expired tentative map. In

6 Page 6 of 7 reviewing the application staff could not identify any significant changes or concerns regarding the project as compared to the previous approval. Therefore, staff is simply renewing the previous approval, including any conditions imposed on the project. Melissa Lindell with Wood Rodgers, representing the applicant, introduced herself. She made note the construction being conducted now is moving forward without placing fire sprinklers in the homes and will continue to do so. MOTION: Planning Commissioner Nowicki moved to approve the Tentative Map associated with PCN14004 adopting Findings T1 through T12 and the facts supporting these Findings as set forth in the staff report and subject to the Conditions of Approval 1 through 17 as listed in the staff report. SECOND: Planning Commissioner Fewins. 13. *CITY OF SPARKS 2013 ANNUAL REPORT TO THE TRUCKEE MEADOWS REGIONAL PLANNING AGENCY, Consideration of and possible action on the City of Sparks' Regional Planning Annual Report to the Truckee Meadows Regional Planning Agency. An agenda item from Senior Planner Jim Rundle recommending the Sparks Planning Commission endorse and forward to the Truckee Meadows Regional Planning Agency, the Regional Planning Commission, and the Regional Planning governing Board the 2013 Annual Report. Mr. Rundle reviewed the information in the Report such as Regional Form and Pattern, the Capital Improvement Programs to Promote Growth Priorities, Redevelopment Areas #1 and #2, and the TOD Corridor Area Plan. MOTION: Planning Commissioner Lean moved to endorse and forward to the Truckee Meadows Regional planning Commission and Governing Board the City of Sparks annual report for calendar year SECOND: Planning Commissioner Cammarota. 14. *ELECTION OF SPARKS PLANNING COMMISSION OFFICERS FOR 2014

7 MOTION: Planning Commissioner Lean moved to appoint Barbara Sanders as Chair of the Sparks Planning Commission for the 2014 year. SECOND: Planning Commissioner Nowicki. Page 7 of 7 MOTION: Planning Commissioner Nowicki moved to appoint James Fewins as Vice Chair of the Sparks Planning Commission for the 2014 year. 15. PUBLIC COMMENT There was no public comment. 16. COMMENTS FROM THE COMMISSIONERS There were no comments from the Commissioners. 17. *ADJOURNMENT The meeting adjourned at 6:47 p.m.