2013 2:00:00 PM

Monday, January 14, 2013 2:00 PM
Sparks Council Chambers, 745 4th Street, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.1

Title: PCN12029- Consideration of and possible action on to amend a final planned development handbook (Kiley Ranch North Phase 3) found not in conformance with the tentative handbook to change land use designation from 12.01 acres of HR (High Residential) and 29.8 acres of NC (Neighborhood Commercial) to CC (Community Commercial) and to revise development standards and other matters properly relating thereto, on a site totaling approximately 101.4 acres in size in NUD (New Urban District) zoning district located east of Pyramid Way between Lazy Five Parkway and Sparks Boulevard.

Petitioner/Presenter: Rising Tides, LLC/Karen Melby

Recommendation: Planning Commission and staff recommend approval.

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 applicant is requesting to amend the Phase 3 Handbook for Kiley Ranch North add 41.7 acres and to amend the land use designations from 12.01 acres of High Residential (HR) and 29.8 acres of NC (Neighborhood Commercial) to CC (Community Commercial). The applicant is requesting to amend the Phase 3 Handbook because they have a buyer who wants locate a hospital and/or medical campus on approximately 40 acres of the 101.4 acres within Phase 3.

Background: The proposed Kiley Ranch North Phase 3 Handbook covers 101.4 acres along the east side of Pyramid Way between Sparks Boulevard and Lazy 5 Parkway. On March 18, 2004, the Planning Commission approved a Master Plan Amendment to amend the existing 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). On October 18, 2004, the City Council tentatively approved the Development Standards Handbook for Kiley Ranch North. On January 12, 2005, the Regional Planning Commission found the project in conformance with the Regional Plan and approved a project of regional significance. The City annexed 57 acres if the area included in the amended Phase 3 Handbook on October 18, 2004. The other portion of this property was annexed into the City with City Council approval on July 24, 2006 with a total of 311 acres of Kiley Ranch North property . Upon annexation the property was zoned A-40 and A-5. On August 27, 2007, the City Council approved an ordinance to rezone the properties from A-5 (Agricultural) to NUD (New Urban Development). On November 26, 2007, the City Council approved the Phase 3 Final Handbook for Kiley Ranch North. The Phase 3 Handbook allowed Community Commercial land uses on 52.1 acres. The tentative handbook for Kiley Ranch North Planned Development covers the entire 834.5 acres planned development. Phase 3 has a final recorded planned development handbook. Unlike other planned developments, Kiley Ranch North is being reviewed and approved in incremental phases with final handbooks for each phase. The previously approved final handbook for Phase 3 conformed to the tentative handbook in that it designated the land use Community Commercial (CC). The proposed amendment to the handbook land use designations differ from the designations approved in the tentative handbook. NRS 278A.550 has the alternative procedure to conduct a public hearing on the final action. Staff determined that a public hearing should be held to notice the property owners within the planned development and surrounding area of the proposed amendment to Kiley Ranch North Planned Development Phase 3.

Analysis: The applicant is requesting to amend the Phase 3 Handbook for Kiley Ranch North. The recorded Phase 3 Handbook was for Villages 13 and 15 which consists of 55.9 acres. The applicant is requesting to add to the Phase 3 Handbook 41.7 acres adjacent to the south and on the northeast corner of Sparks Boulevard and Pyramid Way. The request is to amend the land use designations from 12.01 acres of High Residential (HR) and 29.8 acres of NC (Neighborhood Commercial) to CC (Community Commercial). The Phase 3 Handbook is amending the standards for development to reflect commercial uses and a medical campus. The standards being amended include but are not limited to landscape, architecture and site development standards. The applicant is requesting to amend the Phase 3 Handbook because they have a buyer who wants locate a hospital and/or medical campus on approximately 40 acres of the 101.4 acres within Phase 3. Planned Development Findings: PD1 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for housing of all types and design. This Planned Development amendment is removing the multi-family housing and designating the property for commercial and medical campus uses. The amendment makes Phase 3 entirely commercial uses. There remains an opportunity for the development of multi-family housing and single family housing in the balance of the Kiley Ranch North Planned Development. PD2 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for necessary commercial and industrial facilities conveniently located to the housing. The community commercial and medical campus uses will provide land uses that will serve the general Spanish Springs and Sun Valley areas. PD3 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for the more efficient use of land and public or private services. The area is served by public services and utilities which makes the site ideal for a medical campus and future commercial uses. The proposed medical campus will be located generally in the center of the Spanish Springs Valley providing an ideal location to serve northern Sparks and Sun Valley. PD4 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for changes in technology of land development so that resulting economies may be available to those in need of homes. The proposed removal of the option to build multi-family housing makes this planned development entirely commercial uses. The Kiley Ranch North project was approved for the potential of 4,463 units. This amendment does not diminish the potential for housing in the planned development. PD5 The plan is consistent with the objective of furthering the public health, safety, morals and general welfare by providing for flexibility of substantive regulations over land development so that proposals for land development are disposed of without undue delay. The applicant is seeking approval of commercial uses because they desire to develop Phase 3 as commercial uses and a medical campus. The tentative handbook has designated the northern Villages as commercial and multi-family on the southern 13 acres. This request is changing the designation of the entire 101 acres to be community commercial land uses. The handbook establishes standards to minimize entitlement review time for new development. PD6 The plan does not depart from zoning and subdivision regulations otherwise applicable to the property, and these departures are in the public interest for density. The amendment to the Development Standards for Kiley Ranch North Phase 3 does change potential residential densities, in that eliminating the multi-family housing substantially increases the possible need of another handbook amendment in the future. PD7 The plan does not depart from zoning and subdivision regulations otherwise applicable to the property, and these departures are in the public interest for bulk. Generally, the development of commercial is single story development. The medical campus is proposed to be a multi-story hospital building. Zoning regulations allow for multi-story office buildings so the proposed handbook amendment will not depart from zoning regulations for bulk. PD8 The plan does not depart from zoning and subdivision regulations otherwise applicable to the property and these departures are in the public interest for use. The development standards establish landscape, architecture, setbacks, height, sign and lighting restrictions for the placement within the planned development. PD9 The ratio of residential to nonresidential use in the planned development is: The proposed amendment does not include any residential so Phase 3 would be 100% non-residential use. Residential development has and will occur elsewhere in the Kiley Ranch North Planned Development. PD10 Common open space in the planned development exists for what purpose, is located where within the project, and comprises how many acres (or what percentage of the development site taken as a whole). The majority of common open space within Phase 3 are the landscaped areas. The standards within the Planned Development Handbook maintain the streetscape and propose landscape standards that are consistent with code and exceed some standards. Part of the Orr Ditch linear trail crosses through the southern portion of this property. The Handbook addresses the improvements and installation timing. PD11 The plan does provide for the maintenance and conservation of the common open space by what method. The Kiley Ranch North Development Standards Handbook – Phase 3 does address the maintenance and conservation of the common open space through a maintenance organization. PD12 Given the plan’s proposed density and type of residential development, the amount and/or purpose of the common open space is determined to be adequate. The planned development handbook requires a percentage for landscaping consistent with Title 20 for commercial projects. The streetscape and the proposed landscape will provide sufficient landscaping to meet the intent of the common space for commercial uses. PD13 The plan does provide for public services. If the plan provides for public services, then these provisions are adequate. The planned development provides for public services to serve the proposed commercial land uses as part of this planned development. PD14 The plan does provide control over vehicular traffic. The amendment does not change the pedestrian or vehicular circulation. The property is located at the northeast corner of Sparks Boulevard and Pyramid Way, which are existing arterials. As part of this handbook, there are no proposed changes to these streets. The Handbook addresses the timing of street improvements to address the traffic impacts. PD15 The plan does provide for the furtherance of access to light, air, recreation and visual enjoyment. The standards in the planned development establish landscape requirements for the areas along the street frontages and within the future commercial site. PD16 The relationship of the proposed planned development to the neighborhood in which it is proposed to be established is beneficial. Kiley Ranch North has been developing as a mix of residential, commercial and business park land uses. There are no changes proposed to the access to the surrounding neighborhood. The medical campus will provide medical services for the Spanish Springs Valley. PD17 To the extent the plan proposed development over a number of years, the terms and conditions intended to protect the interests of the public, residents and owners of the planned development in the integrity of the plan are sufficient. Approvals for development plans of Kiley Ranch North started in 2004. The approved tentative handbook was to develop a mix of land uses, providing a housing-job balance. The tentative handbook was approved originally with commercial land use in this area. This amendment is changing the property to allow for a medical campus. PD18 The project, as submitted and conditioned, is consistent with the City of Sparks Master Plan. The Land Use Plan Goals and Policies in the 1991 NSSOI Master Plan update that are also relevant to this proposal include: GOAL LU1: To create a growth pattern which assures flexible, feasible and efficient developments and which includes natural and cultural amenities. POLICIES LU1a. The City will support a preferred growth pattern which applies consistent and uniform standards to areas planned for similar uses. ACTION STRATEGIES Allow only developments which meet the proper land use designation of the City’s Master Plan and the Regional Master Plan. The proposed Kiley Ranch North Phase 3 planned development has development standards that address flexibility and efficient development of the Ranch. Goal SIP 1: Ensure that the primary scenic views of the planning area from Pyramid Highway and Spanish Springs Road are protected. Policy: SIP 1a: A minimum 25-foot buffer should be provided between all property lines and pavement along all arterial streets. Fences, walls or structures should be discouraged in these areas. At time of subdivision application review, a landscape/xeriscape plan should be evaluated. The proposed planned development standards handbook has landscape buffers on all the arterial streets and provides minimum 20% open space. Goal SIP 22: Support master planned development and master development agreements. SIP 22a: Require developers to prepare development standards handbooks for all residential, commercial and restricted industrial/business park projects that outline architectural guidelines and performance standards in accordance with the policies in this plan. The development standards handbook governs the standards for development within the Kiley Ranch North Planned Development Phase 3. Goal SIP 23: Encourage a mix of land uses and densities to promote a balanced community with residential,, commercial, thorough architectural guidelines, signage and development standards, restricted industrial, business and recreational areas. This request to provide an area of commercial and medical uses that will serve the residents of the area. PD19 The project is consistent with the surrounding existing land uses. Kiley Ranch North Phase 3 is located at the intersections of major roads serving Kiley Ranch North which is an ideal location for the proposed uses. Phase 3 is located adjacent to arterials that serve the Spanish Springs Valley and provides access to Sun Valley. The surrounding land uses to the north, east, south and west are vacant and NUD (Kiley Ranch North Planned Developemtn) zoning. PD20 Public notice was given and a public hearing held per the requirements of the Sparks Municipal Code. Public notice was given. The Planning Commission and City Council meetings function as the public hearing per the requirements of SMC and NRS. PD21 Modification of Kiley Ranch North Planned Development Phase 4 furthers the interest for the City and the residents and preserves the integrity of the plan. When considering rezoning a Planned Development, the City must be able to identify that the “modification” is to “further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan as finally approved,” NRS 278A.380 (2). The Phase 3 amendment proposes land uses that differ from the tentative handbook. This amendment to Phase 3 proposes to change NC and HR to community commercial and medical campus land uses. The revised plan in the planned development handbook maintains the integrity of the plan by proposing these land use designations in an area where the property is surrounded by arterials and not a preeminent location for high density residential and smaller neighborhood commercial uses. The community commercial and medical campus uses will complement and contribute to the mixed-use community character which was a primary goal of the Kiley Ranch North Planned Development. The tentative handbook states that it encourages a live-work community by providing land uses to support a job/housing balance. 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. ANRS 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 revised final handbook of the Kiley Ranch North Planned Development Handbook. The final draft handbook: • does not vary the proposed gross residential density or intensity of the Kiley Ranch North Planned Development Standards Handbook; • varies the proposed ratio of residential to nonresidential use; • does not reduce the common open space area; • potentially increases to the floor area proposed for the nonresidential use from the approved tentative handbook; • could increase the total ground area covered by buildings and substantial change in the height of buildings. It is staff’s opinion that the final draft amendment for the Kiley Ranch North Planned Development Standards Handbook Phase 3 could potentially vary three of the five criteria. Due to the fact that this request is an amendment to a recorded final handbook, staff determined this amendment requires a public hearing process. Based on the standards listed in NRS, staff is of the opinion that the amendment of the Kiley Ranch North Planned Development Handbook complements and contributes to creating a mixed-use community and job-housing balance which furthers the mutual interests of the residents of Kiley Ranch North Planned Development.

Alternatives: 1. The City Council can deny the request to amend Kiley Ranch North Planned Development Handbook Phase 3. 2. The City Council can remand the request back to Planning Commission with direction.

Recommended Motion: I move to approve on the final handbook amendment associated with PCN12029 (Kiley Ranch North Planned Development Phase 3) based on the facts supporting these findings as set forth in the staff report.

Attached Files:

Kiley Ranch Phase 3 Handbook .pdf

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