LEGACY FARMS — IS
THIS THE LEGACY WE WANT?
NOTICE
OF HEARING BEFORE THE SOUTHWEST
TRUCKEE MEADOWS CITIZEN ADVISORY BOARD
Thursday, February 20, 2003, 7:00 p.m.
Wolf Run Golf Club Clubhouse
1400 Wolf Run Road, Reno, Nevada
(Turn
south from Zolezzi Lane onto Silver Wolf,
turn right onto LaGuardia, right onto Wolf Run)
[UPDATE
— The board voted unanimously to deny the application.]
Please come to the meeting of the Southwest Truckee Meadows Citizen Advisory Board (the "Citizen Advisory Board") to express your views with respect to the development, which has significant implications for the future of the Southwest Truckee Meadows.
Legacy Farms has proposed a 13-home development on the Elcano property (consisting of 33.37 acres) on the corner of Lakeside Drive and Holcomb Lane. It proposes a development with similar or uniform type architecture, restricted rural use, and unclear protection for water, which is a concern with respect to the future, which is considered by many a potential threat to the rural residential character of the Southwest Truckee Meadows that has been fought for by the citizens for many years. The citizens have expressed concern that it will establish a precedent by which developers will seek to inject their own taste for architecture and use into that which has been a quiet, comfortable, and quite rural, residential area, without constraints of uniformity or significant restricted use in the area.
On November 21, 2002, an application for approval of a tentative subdivision map for Legacy Farms came before the Citizen Advisory Board for consideration. After an extended hearing, the Citizen Advisory Board voted against it. A copy of the list of concern of the Citizens Advisory Board is a part of this notice.
On January 16, 2003, representatives of the Developers returned to the Citizen Advisory Board, asking for approval for a Special Use Permit for a sewer lift station. Again, adequate information was not made available to the Citizen Advisory Board. The Citizen Advisory Board turned down the request, requesting they come back again.
A copy of the transcript of the actions taken by Citizen Advisory Board on November 21, 2002, and January 16, 2003, are on the website of Protect Our Washoe (POW).
On January 30, 2003, a town hall meeting was held by POW. The meeting was well attended, and representatives of Legacy Farms were present. It was clear that nearly all of the attendees other than Legacy Farms representatives, had deep and strong reservations with respect to a number of aspects of the development. A transcript of the Protect Our Washoe town hall meeting is available on the POW website.
On February 1, the Legacy Farms developers held their own meeting. Many people present also expressed serious concerns. Although the developers contended some changes would be made, as indicated below, most of those changes have, to the knowledge of POW, still not been filed with the Washoe County Planning Department, as they should, in advance of the hearing before the Advisory Board.
Legacy Farms developers said (a) the architecture would not require a white exterior (but the documents filed with the County still make that requirement); (b) that the declarations, covenants, conditions and restrictions that they filed with the County were only a "draft" and not the ones they fully intended to use (but the ones they intend to use have still not been filed with the Washoe County Planning Department); (c) that the lift sewer station originally proposed would not be pursued (but the application has not been pulled from the County); (d) that the Dry Creek areas would be protected (but no CC&R's are proposed at this time which would provide a mechanism to protect the Dry Creek areas to assure that their pristine character will be protected and wetlands restrictions will be enforced); and (e) that there would be horses permitted on some parcels (but there are no provisions in the CC&R's providing for such protection at this time).
Accordingly, POW is concerned that these promises made at the hearing may not become a reality, because nothing has been filed yet with the County consistent with those remarks.
Click here to go to a map of the Legacy Farms site plan.
The concerns which the public has expressed
to date include the following:1. Nature of the Subdivision. This development is a "look-alike subdivision" which is substantially constricted in its appearance and use. Although the architecture is attractive (the developers show a "Kentucky Horse Farm" appearance), this will be first time there has been an attempt to impose a developer's view of uniformity of architecture and exterior appearance on this area. This is something entirely new. It is now time to express your views as to whether or not this concept violates the "community character" including the "rural" character of the area.
2. The Rural Issue. Developers contend that the development will provide for a "rural" environment. However, the declarations the developers have filed with the County (now they contend they are only a "draft") still restrict the use of the property and provide that any person or entity owning a home on the lot is restricted to two household pets, architectural restrictions, exterior appearance restrictions, and restrictions of other rural uses. One may not have a horse or non-household pet without the approval of the developer, and only if the owner retains a full acre for the use of the animal. Provisions do not exist for automatically providing outbuildings (i.e., a barn) if a person chooses to own a horse. The rules are a change in the "rural" use of the property (defined, as we know it) in the area. Many are concerned that this will be the beginning of a trend toward an "urban" use of the property in the area.
3. Endangerment of Dry Creek Tributary. As mentioned below, the Dry Creek tributary is in a "critical stream zone, " a "sensitive stream zone," and constitutes part of the wetlands. They must comply with Article 418 of the Development Code if they are in either the critical stream zone or the sensitive stream zone. Yet, details have not been filed to show how compliance will occur and the CC&R's do not make an attempt to protect the portion of the property falling within the critical stream zone or the sensitive stream zone.
4. Sewage/Effluent Lift Station. The Developers propose to build a sewage lift station that will bring sewage out of their development by connecting it to a sewage connector pipe they intend to construct from Huffaker Lane all the way down Lakeside Drive, to the proposed subdivision. While they still intend to use the sewage connector pipe, they have said they will no longer require a lift station but use "grinders" on each parcel. No modification has yet been filed with Washoe County to provide for this.
5. Wetlands/Flood Plain. There are some areas on some of the lots that are designated as federal wetlands. Two or three of lots may also be in a flood plain. The Developers propose that the wetlands be included in the parcels and the Declarations that they have distributed to date (and are already signed) show no restrictions as to use. Therefore, it is most likely, as indicated at the hearing of the Citizens Advisory Board on January 7th, that all wetland protections for this area will likely not be followed, and the wetlands will ultimately be destroyed. Therefore, many citizens believe that there will be no mechanism to assure that wetlands requirements and restrictions will be enforced, notwithstanding the promises of the developers.
6. Possible variances. Because of lack of information at this point, there is a concern that a number of variances will be requested by the Developers when the project is underway, both with respect to lot configuration, possible drainage, possible use of wetlands, limitation of uses, etc. The Developers have not yet discussed a policy with respect to "drainage," and information is not yet specifically detailed at this time to determine what variances the Developers, or persons purchasing those lots, might seek.7. Water Usage Plan. There are three sources of water for the property: Wells (11 of them); Dry Creek (a year round tributary fed by springs); and Steamboat Ditch irrigation water. There is no detailed written plan which has been prepared to date (or at least filed with the County) spelling out the usage of the water in the area from those three sources and how they will be integrated with the complex lot development proposed. At their own meeting on February 1st, the developers acknowledged they have not prepared such a plan. None has been filed to date with the County, and substantial questions have been raised by a number of the persons residing close to the area who are familiar with the particular water issues on that parcel.
8. Rural or Urban. The question is largely one of future lifestyle. The question is whether this will be the beginning of future developments of this kind ("tract-like," however attractive) in the remaining few large parcels in the southwest, thus causing the beginning of a true urban trend, as opposed to rural appearance and environment, thus encouraging future developments of that kind.9. Traffic — particularly Dead Man's Curve. One person appearing before the Citizen Advisory Board on November 21st, made the point that the three access roads (one on Lakeside Drive and two on Holcomb Lane) might raise some serious safety and congestion issues. One person stated that it would be dangerous for traffic (and pedestrians, including youth) where there is frequently overly high-speed traffic around "Dead Man's Curve," namely the curve at the intersection of Lakeside Drive and Holcomb Lane. At the developer's meeting on February 1st, the developers indicated that there would be restrictions on the parcels adjacent to Dead Man's Curve so there would be no visual obstruction, but at the same time inconsistently indicated that each of the parcel owners would be entitled to do what they want on their own parcels. The CC&R's (at least the "draft" given to the County) do not attempt to restrict the parcels in such a way to assure that visual obstruction will not occur. The desire on the part of parcel owners adjacent to Lakeside and Holcomb to build visual obstructions has been manifested by the visual barriers that exist along those roads at present. These kinds of obstructions, if created, would exacerbate the danger involved traveling around this curve.
Please review our website, but more important, please come to the meeting.
Also, Protect Our Washoe is a purely voluntary effort, and any contributions would be most welcome. Please send any checks to "Protect Our Washoe" at the address indicated, below. Your support in this regard would be most appreciated.
Information on January 30, 2003, POW Town Hall on Legacy Farms
E-mail
info@protectourwashoe.org
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