In 2003, this property, which is 43.83 acres in size, was part of an annexation, master plan amendment, and a rezoning that created the Kiley Ranch Northeast Golf Community Planned Development.  At the time the handbook for the project was created, this site was left with an Open Space (OS) land use designation and zoned A-40 (Agriculture).  In 2014, the master plan land use designation was changed from OS to Mixed Use (MX) and the zoning was changed from A-40 to NUD (New Urban District).  Subsequently, in 2015, the handbook for the Kiley Ranch Northeast Golf Community was rescinded.

In 2015 the applicant submitted the Planned Development Handbook for Golden Triangle which was formerly a part of the Northeast Golf Communities. Planning Commission, at their April 21, 2016 meeting, made a recommendation for tentative approval of that handbook to the City Council.  At the May 23, 2016 City Council Meeting, the City Council approved the tentative handbook for Golden Triangle.  At the June 16, 2016 Planning Commission Meeting, the Planning Commission made a recomendation for final approval of the Golden Triangle Planned Development Handbook to the City Council.

This request is for final approval from City Council of the Golden Triangle Planned Development Handbook. 

As noted above, the site is currently master planned as Mixed Use (MX) and zoned as NUD (New Urban District).  The property cannot be developed without the adoption of a planned development handbook.  

This is a review for the final approval of the Planned Development Handbook for Golden Triangle. 

The site is located in the North Sparks Sphere of Influence (NSSOI). Policy NSSOI 22a says:

Require developers to prepare development standards handbooks for all residential, commercial and restricted industrial/business park projects which outline architectural guidelines and performance standards in accordance with the policies of this plan.

The Golden Triangle handbook outlines a palette of uses which range from single and multi family residential to a variety of commercial uses including mini-warehouse with the ability to locate a health club over 3000 square feet in size on the site subject to a Conditional Use Permit (CUP).

The handbook does not dictate the specific amount of each use that can be located in the Golden Triangle.  Market demand as well as the developer’s experience, expertise and preferences will determine which uses are developed first and how much of each potential use will be developed. 

This approach allows for a high level of flexibility in development.  The handbook creates development standards for the permitted use but the mix of those use is intentionally left open.  This allows the development to be more reactive to the market.

The development process in this handbook will be similar to the development process in areas with standard zoning.  This is acceptable to staff as the requirement for all development in the NSSOI to be developed via the Planned Development process is intended to be removed in the current Comprehensive Plan update.

The Golden Triangle Planned Development will consist of a series of projects that will be developed over time.  These projects will be individually reviewed through either the Administrative Review (AR) process or through a Conditional Use Permit (CUP). 

Standards for each use type are set out in the handbook for this development.  These standards address setbacks, landscaping, and quality of materials and building design.  The AR or CUP review will also look at traffic and pedestrian circulation, site layout and design, and how each project will relate to, and interact with, past and future projects in the development.

A traffic study has been performed.  The executive summary is included in the staff report packet.  If any Planning Commission members would like the entire traffic report staff will provide you with a copy upon your request.

The traffic study indicates, and the opinion of staff is, that a signal light on Vista Boulevard will be required with the first development on the site.  Any subsequent development will be required to update said traffic report to measure and address any additional impacts that the new development will have on Vista and the nearby transportation system.

The handbook proposes four access points on Vista Boulevard. The main access will be at approximately the midpoint of the development’s frontage along Vista.  A signal light will be required at this access point.

A right-in-right-out access point is proposed at both the northeast and southwest ends of the site.  There is an additional secondary gated access point proposed between the main access and the northeast access points.

Staff has reviewed the proposed access points in conjunction with the traffic study and feel comfortable with their tentative locations. Precise locations and details for each of those access points will be submitted with project plans and will be reviewed at that time, along with required updates to the traffic study.

FINAL HANDBOOK

The following is the SMC section on final handbook approval followed by the NRS regulations.

Section 20.18.080           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, as follows.

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:

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

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

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

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

E.         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 locations and design of streets or facilities for water and disposal of storm water and sanitary sewer.

NRS 278A     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 notice as a denial of final approval;

(b) Refile his 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 application for final approval.

If the landowner elects the alternatives set out in paragraph (b) or (c) above, he may refile his 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 he was authorized by the minutes granting tentative approval to file for final approval, or 30 days from the date he receives such notice of such refusal, whichever is later. 

3. Any such public hearing shall be held within 30 days after the 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.
4. 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.

Staff has reviewed the request for final approval of the Golden Triangle Planned Development Handbook.  Based on the provisions listed in NRS, staff is of the opinion that the submitted final handbook for Golden Triangle is in substantial compliance with the tentatively approved plan as approved by the City Council.  The final draft handbook:

• does not vary the proposed gross residential density;

• 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; and

• 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.

It is staff’s opinion that the final draft of the Golden Triangle Planned Development Handbook does not substantially vary from the five criteria and conforms to the tentative handbook.

City Council may choose to deny the request to approve the final Planned Development Handbook for the Golden Triangle or provide other direction to staff.

I move to approve the Final Handbook for the Golden Triangle Planned Development associated with PCN15058, and the facts supporting those Findings as set forth in the staff report.