City of Reno
Nevada

Staff Report
8966

Staff Report (For Possible Action): Case No. LDC17-00061 (Meridian 120 South Villages 1 & 2) Appeal of the Planning Commission’s denial of a tentative map to develop a 78 lot single family residential subdivision. The ±53.6 acre site is located southeast of the intersection of Boomtown Garson Road and Blue Heron Circle in the Large Lot Residential – 1 Acre (LLR1), Single Family Residential – 9,000 Square Feet (SF9), Open Space (OS), Hotel Casino (HC) zones and the Mortensen-Garson Overlay District. The site has a Master Plan Land Use designation of Special Planning Area/Mortensen-Garson Neighborhood Plan. The appeal was brought by Andrew Durling with Wood Rodgers, and possible action by the Council could be to either affirm, modify, or reverse the denial and if denial is reversed the Council may directly approve the tentative map or remand back to the Planning Commission.

Information

Department:Community Development - Planning & EngineeringSponsors:
Category:AppealWards:Ward 5

Recommendation and Proposed Motion

Recommendation: Staff recommends that the Council review the letter of appeal and Planning Commission action and affirm, modify, or reverse the Planning Commission’s decision. If the denial is reversed, the Council may directly approve the tentative map or remand back to the Planning Commission.

 

Proposed Motion: Below are proposed motions with the findings for affirmation, modification, or reversal of the Planning Commission decision.

 

Motion to Affirm Planning Commission Decision

(denying the appeal and denying the tentative map)

 

In regards to appeal of LDC17-00061 (Meridian 120 South Villages 1 & 2), based on this Council’s review of the staff report, the record on appeal, and information presented at the public hearing for this appeal, I move to AFFIRM the denial of the tentative map by the Planning Commission, based on the inability to make findings ______* stated in the staff report.  The City Clerk is instructed to prepare and file an order.   

 

Motion to Modify Planning Commission Decision

(partially upholding the appeal and amending the tentative map)

 

In regards to appeal of LDC17-00061 (Meridian 120 South Villages 1 & 2), based on this Council’s review of the staff report, the record on appeal, and information presented at the public hearing, I move to MODIFY the decision of the Planning Commission as follows and as modified I move to make all of the required findings* as listed in the staff report and APPROVE the tentative map subject to conditions stated in the Staff Report.  The City Clerk is instructed to prepare and file an order.

 

Modifications to the decision by the Planning Commission are:  [List modifications]

 

Motion to Reverse Planning Commission Decision

(upholding the appeal and approving the tentative map)

 

In regards to appeal of LDC17-00061 (Meridian 120 South Villages 1 & 2), based on this Council’s review of the staff report, the record on appeal, and information presented at the public hearing, I move to REVERSE the denial of the tentative map by the Planning Commission and to directly APPROVE the tentative map, based on the ability to make findings ________* as listed in the Staff Report.  The City Clerk is instructed to prepare and file an order. 

 

Staff Report Formal Body

Summary: This is a public hearing and appeal of the Planning Commission’s decision to deny a tentative map to develop a 78 lot single family residential subdivision. The ±53.6 acre site is located southeast of the intersection of Boomtown Garson Road and Blue Heron Circle in the Large Lot Residential – 1 Acre (LLR-1), Single Family Residential – 9,000 Square Feet (SF9), Open Space (OS) zones and the Mortensen-Garson Overlay District. The site has a Master Plan Land Use designation of Special Planning Area/Mortensen-Garson Neighborhood Plan. The case was appealed by Andrew Durling, with Wood Rodgers, on behalf of the applicant and possible action by the Council to affirm, modify, reverse or remand the decision.

 

The Planning Commission Denial:

At the October 4, 2017, Planning Commission public hearing, the applicant’s representative presented an overview of the tentative map request and associated special use permit for fills in excess of ten feet and indicated that they agreed with staff’s recommendation and conditions in the staff report. Staff concurred with the presentation and identified additional clarifying language to conditions of approval 12, 15 and 17 provided in a memo to the Planning Commission.

 

Thirty people indicated that they are opposed to the request. Reasons cited for opposition included concerns related to: water supply; wells; water rights; flooding; drainage; traffic; schools; wildlife interface; and density. Additionally, Michael Pagni addressed concerns related to conflicts with development adjacent to canals on behalf of the Steamboat Ditch Company.

 

No one else spoke for or against the proposal.

 

Discussion: The primary areas of discussion by the Planning Commission included the adequacy of water provision, current negotiations with the Truckee Meadows Water Authority (TMWA), flood management, steamboat ditch interface, roadway design, and entitlement history of the Mortensen-Garson Plan.

 

In response to Commissioner’s questions, John Enloe (TMWA) stated that it would take approximately three years to design and construct facilities to serve the Verdi area. Mr. Enloe outlined outstanding concerns related to water quality and fiscal equity of service provision in the area and noted TMWA’s preference to provide retail water service in the near term, pending further direction from the board of directors. Mr. Enloe explained that the State Engineer has the ultimate authority to approve groundwater rights for a will serve commitment and stated that his discussions with the State Engineer indicate that there are sustainable water resources in the area sufficient to support limited development. City Engineering staff reiterated that the State Engineer has identified adequate resources to serve the subdivision and that there are appropriate records to support that there are both water rights and resources to serve the project.

The applicant’s representative explained the design components proposed to manage the stormwater basin and historical flooding in the area, and the implications of staff conditions of approval on site design and flood mitigation. It was noted that coordination with the Steamboat Ditch Company is integral to the design and improvements would be necessary to manage peak discharge.

 

There was discussion regarding traffic and the need to maintain a level of service “C” within the Mortensen-Garson plan area. It was noted that the traffic study includes the development projects to the north, that access to adjacent federal lands will be maintained, that Boomtown-Garson Road will be appropriately sized to facilitate planned development in the area, and that further coordination with the Nevada Department of Transportation (NDOT) will be required in determining future road widths, access and design criteria.

 

Several Commissioners commented that they did not necessarily agree with the assigned density in the area but deferred to the terms of the original settlement agreement and subsequently adopted zoning and overlay standards. In response to questioning, the applicant’s representative identified compatibility aspects including perimeter lot matching and grading, limited access to existing Blue Heron subdivision, and an overall density of 1.7 dwelling units per acre on the site.

 

Planning Commission Vote:

The Planning Commission made an unsuccessful motion to approve the tentative map: three in favor; one opposed, one recused; and two absent, resulting in a technical denial.

 

Planning Commission then voted to approve the special use permit: Four in favor; one recused; and two absent. The special use permit was approved and no appeal filed; however, implementation is contingent upon approval of the tentative map.

 

Appeal of Planning Commission’s Decision:

The appeal of the Commission’s technical denial (failed motion to approve the tentative map) was filed by Andrew Durling, with Wood Rodgers, on behalf of the applicant BT South LLC, on October 16, 2017. The appeal outlines the technical denial and states that the aggrieved person does not concur with Commissioner Hawkin’s stated inability to make tentative map finding two regarding the availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision. The applicant’s representative has outlined a position in support of tentative map finding two with the filed appeal. No additional material or information was provided.

 

Additional Public Safety Information:

The Reno Fire Marshall has provided a memorandum outlining expanded information on fire response for Council’s consideration. As noted, fire sprinklers are required within the proposed 78 unit subdivision as well as adherence to the Wildland-Urban Interface Code and Wildland provisions of the Mortensen-Garson Overlay District. A secondary access road would be recommended for future residential development beyond the 78 units in this request.

 

Financial Implications: None at this time.

 

Legal Implications: None at this time.

 

Findings:

 

Tentative Map: When issuing a decision on a tentative map, the Planning Commission shall consider the following:

 

(1)              Environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community or public sewage disposal and, where applicable, individual systems for sewage disposal;

 

(2)              Availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision;

 

(3)              Availability and accessibility of utilities;

 

(4)              Availability and accessibility of public services such as schools, police and fire protection transportation, recreation and parks;

 

(5)              Conformity with the zoning ordinances, master plan, and elements thereof, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

 

(6)              General conformity with the governing body’s master plan of streets and highways;

 

(7)              Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

 

(8)              Physical land characteristics such as flood plain, slope, soil;

 

(9)              Recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 and 278.348;

 

(10)              Availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands; and

 

(11)              Submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by Chapter 375 of NRS and for compliance with the disclosure and recording requirements of subsection 5 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.

 

Meeting History

Dec 6, 2017 12:00 PM Video Reno City Council Regular

Mayor Schieve asked if proper notice was given.

City Clerk Turney stated that proper notice was given and four letters in opposition were received: 1) Gideon Caplovitz, gcaplovitz@unr.edu; 2) Spencer Bocks, 2355 Warrior Lane; 3) Jeffrey Millman, M.D., 1321 North McCarran Boulevard, Suite 103; and 4) Cheryl Sedestrom, 340 River Bend Drive.

The Mayor opened the public hearing and asked if anyone wished to speak.

The following individuals spoke in opposition and/or expressed concerns: 1) Vernon Anderson, 825 Pinecone, Verdi; 2) Chance Reading, P.O. Box 798, Verdi; 3) Giselle Abi-Habib, 2485 Blue Heron Circle; 4) Laura Sandke, 2485 Blue Heron Circle; 5) Kollin George, 4050 Gardella #523; 6) Chris Gardella, 15710 Whisper Rock Way; 7) Rob Judd, 2385 Warrior Lane; 8) Pam Mortara, 2350 Blue Heron Circle; 9) Madison Moore, 8785 Steelhead Court; 10) Robert Dinning, 2105 Warrior Lane; 11) Colleen Sykes, 155 Deer Mountain Road; 12) Kathie Mead, 2155 Warrior Lane; 13) Jim Dunnavant, 2820 Erminia Road; 14) Greg Gardella, 3685 Renee Way; 15) Hunter Sykes, 155 Deer Mountain Road; 16) Sara Sykes, 155 Deer Mountain Road; 17) Taylor Sykes, 155 Deer Mountain Road; 18) Ian Judd, 2385 Warrior Lane; 19) Cheryl Sedestrom, 340 River Bend Drive; 20) Jean Bechdolt, 535 River Bend Drive; 21) Jon Kane, 2485 Blue Heron Circle; 22) Matt Virden, 400 Deer Mountain Road; 23) Alice House, 450 Leventina Canyon Road; 24) Kitty Smith, 2865 Arentz Court; 25) Dennis Cochran, 2305 Blue Heron Circle; 26) M.L. Belli, 2450 Warrior Lane (petition); 27) Fletcher Gilson, 375 River Bend Drive; 28) Ed Kaufer, 605 Deer Mountain Road; 29) Casey Corbett, 205 Deer Mountain Road; 30) Shane Sykes, 155 Deer Mountain Road; 31) Dee Anne Radcliffe, 2385 Warrior Lane; 32) and Gene Gardella, 505 U.S. Highway 40 West, Verdi.

The following individuals submitted Public Comment cards in opposition, but did not wish to speak: 1) Paula Balsi, 505 River Bend Drive; 2) Pat Mead, 2155 Warrior Lane; 3) Laura DeMaranville, 563 South Verdi Road, Verdi; 4) Marie Belli, 2450 Warrior Lane; 5) Donald Oar, 2485 Warrior Lane; 6) Aubri Harrigan, 225 River Bend Drive; 7) Jeannette Belli, 2450 Warrior Lane; 8) Cheryl Besso, 3560 Mario Road; 9) Steve Besso, 3560 Mario Road; 10) Salene Pecetti, 3560 Mario Road; 11) William Balsi, Jr., 505 River Bend Drive; 12) Brooke Balsi, 505 River Bend Drive; 13) Trevor Balsi, 505 River Bend Drive; 14) Rodney Burke, 1760 South Verdi Road; 15) Don Archibald, 1740 South Verdi Road; 16) Lori Archibald, 1740 South Verdi Road; 17) Flicka Corbett, 205 Deer Mountain Road; 18) Sheila Warren, 300 Deer Mountain Road; 19) Pat Harrigan, 225 River Bend Drive; 20) Carly Borchard, 1000 West Highway 40, Verdi; 21) Shirley Talton, 2485 Warrior Lane.

Michael Pagni, representing Steamboat Canal and Irrigation Company, discussed the conditions included by staff that address Steamboat's concerns. Agreements need to be finalized to the satisfaction of Steamboat prior to Steamboat signing off on any final map.

COUNCIL MEMBER DELGADO ABSENT AT 7:56 P.M.

Mayor Schieve made the following disclosure:

"I have a personal friendship with Jessica Sferrazza. On this matter I have sought guidance from the City Attorney's Office. I understand that she has been retained by the applicant as a consultant on this project. I do not have any commitments, obligations, or financial ties to her. The public policy of this State favors the right to perform the duties for which the public officer was elected or appointed and to vote or otherwise act upon a matter provided the public officer has properly disclosed the potential conflict."

Council Members Duerr, Bobzien, Brekhus and Jardon disclosed that they met with the applicant before the appeal was filed.

Nathan Gilbert, Community Development Associate Planner, presented an overview of the appeal process.

City Attorney Karl Hall confirmed for Vice Mayor Jardon that the appellant has standing.

It was moved by Council Member Jardon, seconded by Council Member Bobzien, to find that the appellant has standing.

Motion carried.

RESULT:APPROVED [UNANIMOUS]
MOVER:Neoma Jardon, Councilmember
SECONDER:David Bobzien, Councilmember
AYES:Hillary Schieve, Jenny Brekhus, Naomi Duerr, Paul McKenzie, Neoma Jardon, David Bobzien
ABSENT:Oscar Delgado