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Sparks City Council Meeting 1/8/2018

General Business: 9.6

Title: Consideration, discussion and possible action on a request for approval of the Final Development Handbook for Kiley Ranch North Phase 7 on a site approximately 68.7 acres in size in the NUD (New Urban District – Kiley Ranch North) zoning district generally located east of Kiley Parkway, north of Windmill Farms Parkway and south of Lazy Five Parkway, Sparks, NV (PCN17-0051).
Petitioner/Presenter: Rising Tides, LLC/Karen L. Melby, AICP, Development Services Manager
Recommendation: The Planning Commission recommends that the City Council approve the Kiley Ranch North Phase 7 Planned Development Final Handbook.
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 Kiley Ranch North Phase 7 Final Development Handbook covers 68.7 acres located east of Kiley Parkway, north of Windmill Farms Parkway and south of Lazy Five Parkway.  This final handbook establishes development standards for land with the designations of Low-Medium Residential (LMR) and Open Space (OS) located within Phase 7.

The Planning Commission reviewed the Phase 7 Final Development Handbook on December 7, 2017 and found it in substantial compliance with the Tentative Kiley Ranch North Planned Development Handbook. Accordingly, the Planning Commission recommended the City Council approve the Phase 7 Final Development Handbook.



Background:

The proposed Kiley Ranch North Phase 7 Final Development Handbook covers 68.7 acres east of Kiley Parkway, north of Windmill Farms Parkway and south of Lazy Five Parkway. (Refer to Vicinity Map)

The tentative handbook for Kiley Ranch North covers 874.2 acres. Unlike other planned developments, Kiley Ranch North is being reviewed and approved incrementally as a final handbook is submitted for each respective phase. To date, there have been seven final planned development handbooks approved and recorded for the Kiley Ranch North Planned Development.

The City Council approved an amendment to the tentative planned development handbook for Kiley Ranch North on July 11, 2016. The approved tentative handbook designates the land uses in Phase 7 as LMR (Low-Medium Residential) and OS (Open Space). (Refer to Figure 1-1 – Kiley Ranch North Land Use Plan on page 1-2 and Figure 1-2 – Kiley Ranch North Phase 7 Master Plan on page 1-3 in the Kiley Ranch North Phase 7 Final Development Handbook)

On December 7, 2017, the Planning Commission reviewed the Phase 7 Final Development Handbook and recommended the City Council approve the final handbook as it is in substantial compliance with the Tentative Handbook for Kiley Ranch North.  



Analysis:

This final handbook applies only to Phase 7 of the Kiley Ranch North Planned Development, consisting of 68.7 acres.  It establishes development standards for land with the designations of Low-Medium Residential (LMR) and Open Space (OS) located within Phase 7. (Refer to Figure 1-2 - Kiley Ranch North Phase 7 Master Plan on page 1-3 of the Final Development Handbook).

The Phase 7 Final Development Handbook does not include development plans. Any of the land uses permitted in the final handbook may be developed in conformance with the handbook’s development standards. When final development plans are submitted, they will be reviewed as outlined in Section 1.5 Individual Project Approval Process of the final handbook starting on page 1-13.

SMC 20.18.080 describes the review process for final approval of a planned development handbook, as follows:

S.M.C. 20.02.012 Procedure for final approval

A.        Application for final review by the Sparks Planning Commission and ultimate final approval by the Sparks City Council must be made to the Administrator within the time specified by the minutes granting tentative approval. 

B.         A public hearing on an application for final approval of the plan, or any part thereof, is not required if the plan, or any part thereof, submitted for final approval is in substantial compliance with the plan which has been given tentative approval. The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the landowner of the plan as tentatively approved does not:

 1.        Vary the proposed gross residential density or intensity of use;

 2.        Vary the proposed ratio of residential to nonresidential use;

3.         Involve a reduction of the area set aside for common open space or the substantial relocation of such area;

4.         Substantially increase the floor area proposed for nonresidential use; or

5.         Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings.

A public hearing need not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage.

C.        All requirements and regulations pertaining to the application for final approval, substantial compliance with tentatively approved plan, alternative proceedings for final action on plans not in substantial compliance, recourse to courts for failure of city to grant or deny final approval, certification and filing of approved plan upon abandonment or failure to carry out approved plan shall be provided in NRS 278A.530 to 278A.580, inclusive.

The Phase 7 Final Development Handbook has been submitted within the specified time.

NRS 278A.540 governs what constitutes substantial compliance with a tentatively approved planned development handbook. The statute states:

NRS 278A.540     What constitutes substantial compliance with plan tentatively approved.

The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the landowner of the plan as tentatively approved does not:

  1. Vary the proposed gross residential density or intensity of use;
  2. Vary the proposed ratio of residential to nonresidential use;
  3. Involve a reduction of the area set aside for common open space or the substantial relocation of such area;
  4. Substantially increase the floor area proposed for nonresidential use; or
  5. Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings.

City staff and the Planning Commission have reviewed the Phase 7 development standards and determined that they are in substantial compliance with those in the approved tentative handbook for Kiley Ranch North as the Phase 7 Final Development Handbook:

  • does not vary the proposed gross residential density or intensity from the Kiley Ranch North Tentative Handbook;

The Low-Medium Residential (LMR) designation has a maximum density of 7.9 units per acre for single family detached or cluster housing. The Phase 7 Final Development Handbook does not propose any changes to the maximum density.

  • does not vary the proposed ratio of residential to nonresidential use;

The Phase 7 Final Development Handbook has 66.76 acres of LMR and 1.85 acres of Open Space (OS) which are the same acreages as approved in the tentative handbook.

  • does not reduce the common open space area;

The Phase 7 Final Development Handbook has 1.85 acres of open space in the form of the lineal buffer on the eastern boundary of Kiley Ranch North and is consistent with the tentative handbook.

  • there is no increase to the floor area proposed for the nonresidential use from the approved tentative handbook; and

The Phase 7 Final Development Handbook does include any nonresidential land uses and, therefore, does not propose any increase in the floor area of the nonresidential uses.

  • there is no increase in the total ground areas covered by buildings nor is there substantial change in the height of buildings. 

The Phase 7 Final Development Handbook does not propose changing any of the development standards in the approved handbook. Future development plans will be reviewed in conformance with Section 1.5 of the final handbook.

Based on the five substantial compliance criteria listed in SMC 20.02.012 and NRS 278A.540, the Planning Commission recommended the City Council approve the Phase 7 Final Development Handbook based on a determination that it is in substantial compliance with the tentative handbook previously approved by the City Council for the Kiley Ranch North Planned Development. 



Alternatives:
  1. The City Council may approve the Phase 7 Final Development Handbook based on a determination that it is in substantial compliance with the tentative handbook previously approved by the City Council for the Kiley Ranch North Planned Development.
  2. If the City Council does not agree that the proposed final handbook is in substantial compliance with the approved tentative handbook, the Council may deny the application.  NRS 278A.550 lays out the procedure to follow if a plan is determined not to be in substantial compliance with a tentatively approved plan, as follows:

NRS 278A.550     Plan not in substantial compliance, Alternative procedures; public hearing final action.

  1. If the plan, as submitted for final approval, is not in compliance with the plans as given tentative approval, the city or county shall, within 30 days of the date of filing of the application for final approval, notify the landowner in writing, setting forth the particular ways in which the plan is not in substantial compliance.
  2. The landowner may:

(a) Treat such notification as a denial of final approval;

(b) Refile his or her plan in a form which is in substantial compliance with the plans as tentatively approved; or

(c) File a written request with the city or county that it hold a public hearing on his or her application for final approval.

If the landowner elects the alternatives set out in paragraph (b) or (c) above, the landowner may refile his or her plan or file a request for a public hearing, as the case may be, on or before the last day of the time within which the landowner was authorized by the minutes granting tentative approval to file for final approval, or 30 days from the date he or she receive such notice of such refusal, whichever is later. 

  1. Any such public hearing shall be held within 30 days after request for the hearing is made by the landowner, and notice thereof shall be given and hearings shall be conducted in the manner prescribed in NRS 278A.480.
  2. Within 20 days after the conclusion of the hearing, the city or county shall, by minute action, either grant final approval to the plan or deny final approval to the plan.  The grant or denial of the final approval of the plan shall, in cases arising under this section, contain the matters required with respect to an application for tentative approval by NRS 278A,500.
  3. Remand the Phase 7 Final Development Handbook back to the Planning Commission with direction. 


Recommended Motion:

I move to approve the Kiley Ranch North Phase 7 Final Development Handbook (PCN17-0051) as it is in substantial compliance with the Kiley Ranch North Planned Development Tentative Handbook based on the facts and findings set forth in the staff report.         



Attached Files:
     01-PCN17-0051 Report of Action.pdf
     02-Kiley Ranch cs-Phase 7 Final Handbook - Public Hearing Draft.pdf
     03-Kiley Ranch North Phase 7 Vicinity Map.pdf

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