The proposed Kiley Ranch North Phase 8 Final Development Handbook covers 33.87 acres located north of Windmill Farms Parkway, east of David Allen Parkway and west of Kiley Parkway. (Refer to Vicinity Map)

The City Council approved an amendment to the tentative planned development handbook for Kiley Ranch North on July 11, 2016. The tentative handbook for Kiley Ranch North covers 874.2 acres. Unlike other planned developments, Kiley Ranch North is being reviewed and approved in incremental phases as final handbooks are approved for each respective phase. The approved tentative handbook designates the land uses in Phase 8 as Business Park, Open Space and Medium Density Residential. A school overlay has been applied to Villages 17 and 18 to permit the development of schools in these villages. (Refer to Figure 1-1 – Kiley Ranch North Land Use Plan on page 1-2 in the Kiley Ranch North Phase 8 Final Development Handbook)

To date, there have been six final planned development handbooks approved and recorded for the Kiley Ranch North Planned Development. The master developer for Kiley Ranch North has been working on the Phase 7 Planned Development Handbook but it has not been completed or submitted. City staff anticipates submittal of Phase 7 in the near future.

On September 7, 2017, the Planning Commission reviewed the Kiley Ranch North Phase 8 Planned Development Handbook and recommends that the City Council approve it as it is in substantial compliance with the tentative handbook for Kiley Ranch North.

This final handbook applies only to Phase 8 of the Kiley Ranch North Planned Development, consisting of 33.87 acres.  The Kiley Ranch North Phase 8 Planned Development Handbook establishes development standards for the Business Park, Multi-family, Single Family (allowed in the MHR designation) and Open Space uses. It also applies an overlay designation of School (elementary and middle) over Villages 17 and 18. (Refer to Figure 1-2 - Kiley Ranch North Phase 8 Master Plan on page 1-3 of the handbook)

The final handbook for Phase 8 does not include development plans. Any of the land uses permitted in the final handbook may be developed to the standards in the handbook. When final development plans are submitted, the plans will be reviewed as outlined in Section 1.5 Individual Project Approval Process of the final 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.

The Phase 8 Final Planned Development Handbook has been submitted within the specified time.

Nevada Revised Statutes (NRS) 278A.540 specify what constitutes substantial compliance with a tentatively 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:

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 compared the Phase 8 development standards with those in the approved tentative handbook and determined that the development standards in the Kiley Ranch North Phase 8 Planned Development Handbook are identical to the development standards in the tentative handbook. The final handbook:

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

The Medium High Residential (MHR) designation has a maximum density of 17.9 units per acre for either single or multi-family housing. The Phase 8 Handbook does not propose any changes to the maximum density.

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

The Phase 8 Handbook has 14.71 acres of Business Park and 19.16 acres of MHR which are the same acreages as approved in the Tentative Handbook.

-  does not reduce the common open space area;

The Phase 8 Handbook has 1.13 acres of open space in the form of the Orr Ditch lineal trail 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 8 Handbook does not propose an increase in the floor area of the nonresidential uses. Even if both villages are developed as schools, the school overlay is approved in the Tentative Handbook.

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

The Phase 8 Handbook does not propose any changes in the development standards. 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 and the NRS, City staff and the Planning Commission have concluded that the Kiley Ranch North Phase 8 Planned Development Handbook is in substantial compliance with the tentative handbook as approved by the City Council. 

1. The City Council can approve the Kiley Ranch North Phase 8 Planned Development Handbook if the Council determines that it is in substantial compliance with the tentative handbook for the Kiley Ranch North Planned Development.    
2. If the City Council does not agree that the proposed Kiley Ranch North Phase 8 Planned Development Handbook is in substantial compliance with the approved tentative handbook, NRS 278A.550 lays out alternative procedures:

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 either of the alternatives set out in paragraph (b) or (c) above, they may refile their 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 they were authorized by the minutes granting tentative approval to file for final approval, or 30 days from the date they receive 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.

3. Remand the Kiley Ranch North Phase 8 Planned Development Handbook back to the Planning Commission with direction. 

I move to approve the Kiley Ranch North Phase 8 Planned Development Handbook as it is in substantial compliance with the Tentative Kiley Ranch North Planned Development Handbook based on the facts supporting these findings as set forth in the staff report.