City of Reno
Nevada

Staff Report
9117

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. This item was continued from the December 6, 2017 City Council meeting.

Information

Department:Community Development - PlanningSponsors:
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 all of the required 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 (LLR1), 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 is 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 Hawkins 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.

 

Previous Council Action:

 

December 6, 2017              The City Council continued the public hearing to 6:00 p.m. February 28, 2018.

 

Ayes:                            Bobzien, Delgado, Duerr, Jardon, McKenzie

Nays:                            Brekhus,

Abstain:              None                                                        Absent:              Delgado

 

Background: At the December 6, 2017 Reno City Council meeting, the Council continued the item in order to provide added time to work with a focus group of community stakeholders with the intention of better understanding and prioritizing concerns.  Accordingly, staff has hosted three meetings to facilitate additional dialogue between the applicant and a neighborhood stakeholder group of approximately seven members.  Issues discussed have included storm water/hydrology, Steamboat Ditch interface, traffic concerns, NDOT reviews, fire protection, secondary emergency access, domestic water supply, wildlife concerns, and related matters. Additional stakeholder meetings are planned to occur prior to the scheduled hearing.  To date, no new documentation or proposed modifications to conditions of approval have been submitted by the applicant’s representatives.

 

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

Feb 28, 2018 10:00 AM Video Reno City Council & Redevelopment Agency Board Joint Regular
draft Draft

Vice Mayor Jardon asked if proper notice was given.

City Clerk Turney stated that proper notice was given and a letter requesting that the public hearing be continued was received from the applicant.

The Vice Mayor opened the public hearing.

Council Member Brekhus discussed the lateness of the request and said that she would prefer to move forward with the public hearing.

Discussion ensued regarding the continuation requested by the applicant at the Planning Commission hearing, and the December 6, 2017, continuation that was initiated by the Council.

It was moved by Council Member Bobzien, seconded by Council Member McKenzie, to continue this item indefinitely.

Motion carried with Mayor Schieve and Council Member Delgado absent and Council Member Brekhus voting nay.

It was moved by Council Member Duerr, seconded by Council Member Bobzien, to reconsider the motion to continue this item indefinitely.

The motion and second were withdrawn.

Vice Mayor Jardon called for public comment.

Richard Jay, online public comment form, stated his support for the project.

The following individuals spoke in opposition to the project: 1) Gideon Caplovitz, P.O. Box 566, Verdi; 2) D. Robert Harden, 245 Prickly Pear Road, Verdi; 3) M.L. Belli, 2450 Warrior Lane; 4) Alice C. House, 450 Leventina Canyon Road; 5) Janice L. Moulian, 7626 Bareback Drive; 6) Spence Bocks, 2355 Warrior Lane; 7) Vernon Anderson, P.O. Box 151, Verdi; 8) Kathie Mead, 2155 Warrior Lane; 9) Shane Sykes, 155 Deer Mountain Road; 10) Cheryl Sedestrom, 340 River Bend Drive; 11) Christopher Lynett, 2405 Warrior Lane; 12) Jean Bechdolt, 535 River Bend Drive; 13) Chance Reading, P.O. Box 798, Verdi; 14) Patrick Schickler, 2085 Stoneridge Drive; 15) Carly Borchard, 1000 West Highway 40, Verdi, representing the Verdi Community Council; 16) Dee Ann Radcliffe, 2385 Warrior Lane; 17) Fletcher Gilson, 325 River Bend Drive; 18) Casey Corbett, 205 Deer Mountain Road; 19) Bruce Comer, P.O. Box 1036 and 130 Sageglen Drive; 20) Michael Gustin, 100 Prickly Pear Road; 21) Steve Wolgast, 5220 Cedarwood Drive; and 22) Gene Gardella, 505 U.S. Highway 40, Verdi.

The following individuals presented public comment forms in opposition to the project, but did not wish to speak: 1) Breck Middleton, 4850 Hilton Court; 2) Amy Middleton, 4850 Hilton Court; 3) Adrian Argyris, P.O. Box 383, Verdi; 4) Celeste Povey, 520 Dusty Lane, Verdi; 5) Anthony DoMoe, 520 Dusty Lane, Verdi; 6) Carolyn Geiger, 140 Stonecrest; 7) Margaret Argon, 2300 Dickerson Road, Unit 82; 8) James N. Bolotin, 1647 Ordway Avenue; 9) Paul MacNeilage, 10295 Mogul Road; 10) Guy Borchard, 1050 Highway 40 West; 11) Lisa Schuster, 1545 Bramble Court; 12) Mary De La Mare, 1638 Wheatgrass Drive; 13) Joanne Melhan, 150 Summerset Drive, Verdi; 14) Janet Ravey, P.O. Box 504; 15) Katherine Bock, 300 Hirsh Road, Verdi; 16) Matt Bock, 300 Hirsh Road; 17) Leif Anderson, 408 Hunken Circle, Verdi; 18) Samette Morelli, 408 Hunken Circle, Verdi; 19) Jason Price, 1000 U.S. Highway 40 West; 20) Paige Miller, 435 South Verdi Road; 21) Ron Kaminkow, 10265 Mogul Road; 22) Courtney O'Mara, 3073 Bramble Drive; 23) Katie Lynn Ogden, 150 Sagebrook Drive; 24) Nancy Podewils-Baba, 55 Waterbuck Way, Verdi; 25) Kathy Kluge, P.O. Box 545; 26) Valli Camilleri, P.O. Box 907 & 950 Silverfox Circle; 27) David T. Davis, 1550 Old Highway 40, Verdi; 28) Kyle Powning, 265 Bridge Street, Verdi; 29) Dustin Coli, 614 Front Street, Verdi; 30) Joanne Miller, 1150 Dartmouth Drive; 31) Christie Bess, 155 Marmot Drive; 32) Michele Welch, 2124 Stoneridge Drive; 33) Gary Ynoareosa, 195 Moonshine Circle; 34) Chelsey Ynostrosa, 195 Moonshine Circle; 35) Evan Garrahan, P.O. Box 711, Verdi; 36) Sandra Wagner, 170 Sagebrook Drive; 37) Amy Garrahan, P.O. Box 711, Verdi; 38) Steve Marsh, 560 Crystal Park Road; 39) Jared Kisson, 165 Stonecrest Drive, Verdi; 40) Jared Dumont, 165 Stonecrest Drive, Verdi; 41) Mae Gustin, 100 Prickly Pear Road, Verdi; 42) Max Anderson, 3335 Everett Drive; 43) Lindsy Judd, 664 Beckwourth Drive; 44) Andrew Morghan, 831 West Second Street, Verdi; 45) Michael A. Perry, P.O. Box 1067, Verdi; 46) Carrie Argyris, 1335 Meridia; and 47) Aaron Cumashut, P.O. Box 866, Verdi.

The following individuals submitted online public comment in opposition to the project, but did not wish to speak: Dawne Rice and Taissa Lyctchenko.

The Vice Mayor closed the public comment portion of the meeting.

Vice Mayor Jardon discussed the need for the applicant/appellant to participate in an additional neighborhood meeting. She suggested that someone on staff run the neighborhood meeting to provide structure and ensure due process.

John Enloe, Operational Strategies Manager, Truckee Meadows Water Authority (TMWA), provided an update on water acquisition for the project.

AT THE REQUEST OF THE APPLICANT/APPELLANT, THIS ITEM WAS CONTINUED INDEFINITELY.

RESULT:CONTINUED [4 TO 1]
MOVER:David Bobzien, Councilmember
SECONDER:Paul McKenzie, Councilmember
AYES:Naomi Duerr, Paul McKenzie, Neoma Jardon, David Bobzien
NAYS:Jenny Brekhus
ABSENT:Hillary Schieve, Oscar Delgado