The tentative handbook for Kiley Ranch North Planned Development covers the entire 874.2 acres planned development. The proposed Kiley Ranch North Phase 6 Handbook covers 146.68 acres on the southeast corner of Kiley Ranch North Planned Development.  

On  March 18, 2004, the Planning Commission approved a Master Plan Amendment to amend the land use designation from Open Space(OS), 3 dwelling units per acres (3 du/ac),  4 dwelling units per acres (4 du/ac), 10 dwelling units per acres (10 du/ac); General Commercial (GC), Business Park (BP), and School/Park to Low-Medium Residential (LMR 5.0 - 7.9 DU/AC), Medium Residential (MR 6.0 - 11.9 DU/AC), Medium-High Residential (MHR 12.0 - 17.9 DU/AC), High Residential (HR 15.0 - 23.9 DU/AC), Community Commercial (CC), Neighborhood Commercial (NC), Arterial Commercial (AC), Village Center (VC), Office/Business Park (OBP), Business Park (BP), School/Park, Public/Institutional (PI), Neighborhood Park (NP) and Open Space (OS).

Unlike other planned developments, Kiley Ranch North is being reviewed and approved in incremental phases with final handbooks for each phase.

The final handbook for Phase 6 of Kiley Ranch North was originally approved by City Council on May 12, 2014.  The Tentative Planned Development Handbook for Kiley Ranch North was approved by City Council on July 11, 2016. The Planning Commission reviewed the final handbook for Kiley Ranch Phase 6 on July 7, 2016 and recommends the City Council approve the handbook. 

This final Handbook applies only to Phase 6 of the Kiley Ranch North Planned Development.  Phase 6 consist of 146.68 acres.  This amendment adds 38.2 acres to this phase of the planned development. The other amendments include adding a community park site and open space. The community park is proposed to be 9.42 acres and there is approximately 10 acres of open space. There will be approximately 18 acres added to the LMR designation. There are also some changes to the development standards to comply with the tentative Kiley Ranch North Planned Development Handbook.

Both the Sparks Municipal Code (20.18.080) and NRS 278A.540 specify 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.

Nevada Revised Statutes (NRS) 278A.540 states what constitutes substantial compliance with a tentative approved planned development application.

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.

Staff has reviewed the proposed amendments to the Kiley Ranch North Phase 6 Planned Development.  Based on the standards listed in SMC and the NRS, staff is of the opinion that the final planned development handbook of the Kiley Ranch North Phase 6 Planned Development Handbook is in substantial compliance with the tentative approved handbook as approved by the City Council.  The final handbook:

- does not vary the proposed gross residential density or intensity of the Kiley Ranch North Phase 1 Handbook;

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

            -does not reduce the common open space area;

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

-there is no increase in the total ground areas covered by buildings nor is there substantial change in the height of buildings.  There are no changes proposed in the final Handbook.

Therefore, it is staff’s opinion that the final Kiley Ranch North Phase 6 Handbook is in substantial compliance with the approved tentative Handbook. 

The City Council can determine that the handbook for Kiley Ranch North Planned Development Phase 6 Handbook is not in substantial compliance with the tentative approved Kiley Ranch North Planned Development Handbook. 

I move to approve the final handbook for Kiley Ranch North Phase 6 Planned Development Handbook (PCN14037) and the facts supporting these findings as set forth in the staff report.