TOWN HALL MEETING REGARDING LEGACY FARMS HELD BY PROTECT OUR WASHOE
Thursday, January 30, 2003 6:30 p.m.
Meadow Wood Courtyard
5851 South Virginia Street
Reno, Nevada


TRANSCRIPT OF PROCEEDINGS

MR. WALTHER: My name is Steve Walther. Thank you very much for coming. This is an opportunity to talk about a development that is being proposed at the corner of Lakeside and Holcomb, and we felt it was important for everyone to understand what the development was about. We'll do our best to do that this evening to the extent we have all the information.
Part of the information we do have. We did invite Legacy Farms representatives to be here, and I am told there may be somebody here from Legacy Farms -- you are from Legacy? [Chris Barrett holding up his hand and nodding in the affirmative.] Will you be willing to speak and answer questions so we can have someone [from Legacy Farms] clarify anything that may take place with their questions or statements? [Chris Barrett nodding in the affirmative.]
I would also like to mention a little bit with respect to the Ballardini ranch. Let me take just a minute first on that, so that people can have kind of an update on what is going on. As most of you know, the Ballardini Ranch is a 1,019-acre located from McCarran Boulevard down toward ArrowCreek in a southerly direction. It is an old time beautiful ranch. Much has been done to preserve it. The effort started over 20 years ago to try to preserve the Ballardini Ranch for open space.
The Ballardini Ranch is owned by Minnesota developers and they have a limited liability company called Evans Creek, LLC. But the property is divided half into the county, about 500 to 550 acres, and the other half is in the sphere of influence of the city, but still located in the county.
The Washoe County bond -- the Washoe County voters approved a bond issue of $4 million for the Ballardini Ranch a couple years ago toward the possible acquisition of the Ballardini Ranch.
Since that time, the federal government has approved allocation of an additional $15 million to acquire the Ballardini Ranch for a total of $19 million. It was acquired by the Minnesota developers in May of 1998 for approximately $8.5 million. So this is a good start, but I know the developers will probably be asking for something more than that, but at least it is a way to begin the process.
However, the developers in the last couple of weeks have filed an application with the County to develop the southern portion which is in the county, and not within the sphere of influence of the City of Reno, into lots of approximately -- I think -- it is one per 13 acres. And Herb Rubenstein has a copy of that. Let's put that one up now. And that will be coming before the Board [Southwest Truckee Meadows Citizen Advisory Board] in February for consideration and then go through the process for a tentative map approval.
We are sorry to see this application being made at this time, but nevertheless, the owner certainly has a right to go ahead and do that, and we will be there to raise any issues that may come before the Advisory Board [Southwest Truckee Meadows Citizen Advisory Board] and the planning groups as time goes along.
We are hopeful that the process in terms the Ballardini Ranch can take place as soon as possible and the Minnesota developer will work with county officials to help work out a satisfactory deal. It is truly an extraordinary piece of property and one that would be a tremendous legacy for the whole community.
I would add that it also links to the ArrowCreek property, and they [ArrowCreek representatives] have indicated they would dedicate approximately 1,500 acres. So it if you take the property that is being dedicated by ArrowCreek together with the Ballardini Ranch, you find yourself with a swath of open space that goes nearly to the Mt. Rose Highway, and there would be nothing greater in terms of access for the community to the mountains and also to preserve the deer herd which probably would never survive unless the Ballardini Ranch was acquired.
Dr. Paul Tueller, who is a biologist, has reported that, in his opinion, with just the ArrowCreek alone, the deer herd would not survive. They need the Ballardini Ranch in order to make it because what is the only shelter that is really available anymore is along this side of the Foothills.
But tonight I would like to devote our attention to Legacy Farms. This is an application to put in 13 homes at the corner of the Lakeside Drive and Holcomb Lane. Most of you are here because you received a notice regarding Legacy Farms. It is an LLC [Limited Liability Company] and the BrunsonBuilt entity who builds homes in this valley is one of the Managing Members of the LLC.
The LLC proposes to construct the lots basically in accordance with the map that you see here. And this is the map, the most recent map which shows the depiction of the various lots. The lots, I think all of these are two and a half acres. The lots are each two and a half acres per parcel at this time. Although it started off differently, that is the configuration at this time. You can see where they are.
On this particular map that you have before you, you see three different colors of lines and they basically align themselves along the tributary of Dry Creek. The northern tributary of Dry Creek comes from the west traveling in an easterly direction. Basically you can see that blue line.
Lynn Mundt has colored the map so that you can see the depictions on there with respect to three different sensitive areas. One is the wetlands, which are green and dotted green. The other is pink, which is the ìsensitive stream zoneî and the part that is darker blue is what is called a ìcritical stream zoneî and each of those have different requirements and, then we'll talk about those from her perspective, too. The issue as part of this development -- and these have been handed out to you -- there are some restrictions, declarations and restrictions which at this time Legacy Farms proposes would be placed upon the land. A copy has been handed out to each of you. Feel free to grab one. I can see from the crowd you are just about the right number. So I am sure there is a copy for everyone.
They restrict the uses of the landowners. As you can see, there are a number of restrictions that are quite restrictive in some respects. They limit the number of household pets. They will limit some of the things that you can do. They would have to get permission from the developer in order to have a 4-H animal, and that kind of thing. Generally no outbuildings. Things that are typical rural use for most of the property in this area.
The proposal also restricts the appearance of each of the homes. BrunsonBuilt would propose, as I understand it, and this can be corrected, three model homes, perhaps four model homes off the bat. And they will all have essentially the same appearance, same color, same color roof, same color siding, same color country look. And those will be the similar requirement for all the rest of the Brunson and other homes landowners build their own.
There will be, as I understand it, approval to dig 11 wells on there, but they will also bring in a sewage Lift Station and sewage pipeline clear down from Huffaker all the way down to Lakeside into the property which will be eight inches in diameter perhaps more, but I think and minimum of eight inches. As I understand it, an eight-inch pipe will feed a development of up to 300 homes, if they are ever used. So that penetration of the sewer line is not without significance with other uses down the line.
The application came before the Citizens Advisory Board [Southwest Truckee Meadows Citizens Advisory Board]. Let me mention this. There are two applications on file currently. One is an application for approval of a tentative map. That's what you see here. The other is an application for a Special Use Permit for a sewage Lift Station, which we will talk about.
Those applications were filed, but the application on the tentative subdivision map came before the Southwest Truckee Meadows Citizen Advisory Board [2002] and it was turned down. One of the chief concerns at that time was the Advisory Board did not feel they had the information that they needed to consider the merits and they turned it down at that time, but asked the Legacy Farms to return with more information.
There was a number of questions which were raised at that time, and I think if you got a copy of the notice, you will see the minutes that were prepared by the County of that meeting which itemized a number of questions and concerns that people voiced at that time, even though they didn't have all of the information before them.
On January 16th, the application for the Special Use Permit for the Lift Station came on before the Citizens Advisory Board and that was also turned down. Once again the Advisory Board was upset because it did not have information that it was filed January 10, I think a packet about this thick here and they had not been given a copy of that and did not have the information that they wanted and had a number of questions could not be answered by the representative. Once again they turned it down and asked Legacy Farms to return to them in February and hopefully Legacy will return on both issues at that time.
Some of the issues that were raised at the hearing were the appearance restrictions with respect to the basically the identical either type of architecture, color of the buildings, this would be something new in this particular area -- where there has been proposed a subdivision which has such general appearance requirements in it, together with some of the other restrictions that also occur with respect to use. A concern was raised with respect to the intrusion of the lots and the building pads to some degree and to some of the more regulated parts of the area around the creek, Dry Creek, both tributaries. And concerns were raised with respect to the location of the road on Holcomb. For example, with respect to its close proximity to the curve is referred to as Dead Man's Curve. It is regulated at 35 miles per hour, but people on occasion do go faster than 35 miles per hour around that turn and as a result that close proximity of these here seem to be perhaps seem to be unnecessary, but more negative risk than should probably be there.
Other concerns are with respect to whether or not the Sewer Lift Station should be located where it is, why there is a Lift Station, and basically there was some information that just wasn't there to point out the reasons why the Lift Station was there, and why it should be placed in such close proximity to Dry Creek.
As we understand it, the subdivision will be enclosed by a white vinyl fence as will each of the lots. So the various fences themselves will be uniform in appearance.
There was some question with respect to adjacent landowners access and whether it would intrude on that. There was some question with respect to whether or not the traditional irrigation ditches would be interfered with and how it would be dealt with, both inside and outside the subdivision. There was some question with respect to whether or not ñ and to what extent -- some of the uses should be. It says highly restricted -- basically to eliminate many typical rural uses.
Those were some of the issues that arose. Because it is new and because there remains a lot of questions about it, we are having the meeting tonight to talk about it from our perspective and let people learn and think about it and see what they want to do.
Legacy Farms is having a meeting of their own, and we have a copy of their notice, and that is on Saturday, this coming Saturday at 10:45 at Bartley Ranch. I think all of you should try and go if you can and hear their perspective on it. At least you will have some information to think about it in the meantime so that you can ask the right questions and see if the questions you have can be answered by the people that are there.
But our concern with respect to this notice was that it didn't give people much information about what was really going on. Hopefully, Legacy Farms will come before the Advisory Board in February so there is not a lot of time to learn about this.
So our thinking was if we had this hearing tonight -- and invite Legacy Farms -- we can shed some light on this and you will be able to walk away a little more educated about the situation. The Legacy Farms notice didn't say anything about how many lots were being proposed, what the restrictions were proposed to be, what some of the concerns are about the Lift Station and streams, and what their policy is, and that sort of thing. That is why we felt we should try and have this meeting.
In addition, the actual picture on the Legacy Farms card, giving notice of the meeting, is not a genuine picture of the property itself. It is just a different picture of a different property. It is not an actual picture of the property. We just wanted to make sure that -- since Protective Washoe has been around so long -- that we had a meeting, so that people could be educated before the Legacy Farms and before the hearing before the Advisory Board [Southwest Truckee Meadows Citizen Advisory Board] which we are hoping will take place in February.
I call on Lynn Mundt who was a member of the Southwest Truckee Citizens Advisory Board. Lynn has also very active and one of the principal drafters regarding Special Use Permits and Article 418 of the Development Code. And we have copies handed out to you here. This tells about the restrictions involved with respect to the use of the water in Dry Creek which penetrates most all of the southwest, either through one of the two tributaries -- where they actually merge on this particular property.
Lynn, let me call you on you first. Maybe can you have a discussion on that issue.
MS. LYNN MUNDT: Thank you, Steve. I got involved with streams about three or for years ago when I realized that streams were being developed ñ that the people were building houses that backed up right to streams and that at the same time people were planning on using water in the streams to supply drinking water to residences.
So it seemed to me that it was very counterproductive, that we needed to either protect our streams and the water in it, and then if we do need to use the water for the Truckee Meadows, which I'm sure eventually the ground water is going to run out, that we should keep it as clean as possible and not let it get polluted.
So the Stream Ordinance has several purposes. Those purposes need to be addressed and they are called findings when the Special Use Permit is presented to the Planning Commission.
So just speaking now in terms of the Stream Ordinance, the types of things that we need to protect that affect Legacy Farms, if you have this copy of this Significant Hydrological Resources Ordinance, if you look under the first page under ìPurposeî at the bottom of the first paragraph it says: "The intent of these regulations is to protect the public health safety and welfare by" -- and then it lists A through I. Those are the findings that the developer needs to make in order for his Special Use Permit to be granted. And they cover things such as reducing the need for expenditure of public funds to remedy or avoid flood hazards. In other words, if people build houses in flood zones and then the flood comes and they get their houses wiped out, public funds have to rebuild that house for them.
I don't know about you, but I am kind of tired of having people build in the flood plains in the first place. This ordinance is to try to keep people from building in the flood plains.
Ensuring the natural flood control functions of perennial streams, including but not limited to storm water retention and slow release detention capabilities. If planning is done properly on a stream, then you can prevent the buildings and the roadways from adding to the flood hazard. That is done by creating a corridor along the stream so that the water that comes from the impervious surfaces such as roadways and building pads doesn't just rush right down to the creek and create more flood water, but, in fact, flows over a buffer area where it can be reabsorbed into the earth and actually recharge the ground water.
So those of you who are on wells, this allowing the water during floods to flow over a wider space and go back into the ground recharges your wells. Also making sure that the storm water runoff and erosion control techniques are utilized to stabilize existing stream banks, reduce downstream sediment loading and ensure the safety of people and property.
If flood waters come down here too quickly and if as in this case there is a pond right on the stream, that pond will tend to slow the water down and allow the sediment to settle into the pond which sounds like a good thing and it is.
And when we have a two-year flood water come down, it will go into that pond, the settlement will settle down, and after we have a couple of two-year floods and that pond starts to fill up with sediment and we have a 25-year flood, that water will come down and scoop up all of that sediment to the pond and shove it down the creek to the people that are living downstream, down here.
So what is usually done in planning of putting a detention basin is to take it off the creek so that when there is a flood, the water can go into the pond and let the settlement settle out, but won't necessarily come down and scoop all that sediment up and send it down to the downstream homeowners.
So there are several things that I would like to see addressed before this project is approved concerning just the stream. I have drawn on here the green is the ìjurisdictional wetlands.î These are wetlands that have been evaluated, they are true wetlands and they need to be maintained. They provide a lot of the ground water resources that you all have with your wells and for the creek and for the irrigation. Wetlands are kind of a living thing, and to the best of my knowledge nobody has figured them out, and the best thing to do with them is to leave them alone.
The creek runs right through the middle here of the wetlands, the yellow, which runs along the creek, really starts to spread out as you get towards the end is the 100-year flood plain. And the 100-year flood plain, it may not cover 20 feet high, but that's the area that the water will spread out. And so if you have a house there in that area, you are going to have flood damage.
The orange that runs right along the creek is called the ìcritical stream zone.î That is 30 feet each side of the creek. When we did this ordinance, that 60 feet, 30 feet each side is sort of a leave it alone, don't touch it, because the creek needs that width just to maintain its normal functions.
The pink on the outside is the ìSensitive Stream Zone.î That is 150 feet each side of the creek. And this area although it is important can have some functions. It can -- you can have a person's yard or property in that area, but it is important that they don't fertilize heavily or have it so whatever poisons they put on their vegetation automatically flows right into the stream.
So when you are in this sensitive stream zone, it is important that you are careful with what goes on, what activity goes on in that area.
Specifically on this site it seems to me as I was coloring these maps that an area on both sides of the stream that follows the green wetlands and the yellow flood plain would be a good corridor to keep property lines out of.
And one of the problems with these three lots right here -- actually, one, two, and five, and also down here, number eight, is that so much of them is in this area, that they have had to put the building envelope still in the sensitive stream zone, but right up by the roads, and this one, the building envelope is actually in the sensitive stream zone.
I don't think it is possible to have -- to put somebody on two and a half acres and tell them not to use the stream corridor. I believe in private property rights. If you give them two and a half acres, I don't think they should be told that they really have to stay out of the stream. So I don't think these lots, these four here can be put there and still maintain the functions and the uses of the stream.
So I would like you to look at these maps and see the corridor width that we would be protecting -- I am going to try to protect -- is the green and yellow area and that just keeps these lots out of the flood plain and out of the wetlands.
Then out of the pink area I just hate to see building envelopes, because if somebody puts up a cement slab in a sensitive stream zone, then they are interfering with the ability of the stream corridor to take pollutants out of the sediment and the runoff, storm runoff, before it gets to the stream.
At this point I would like to see if there are any questions. One other thing, they are going to do a crossing and have two ten-foot by four-foot culverts so that the road, Legacy Lane can cross Dry Creek. In itself, you have got to cross it some way. I would rather see a span bridge there, something that is attractive and aren't just cement culverts. I can see doing that.
The problem is that if you look at the contour lines, the grading contour lines, they are going to be grading right in the creek and right in the critical stream zone a tremendous amount. And I don't feel that that is necessary. I think that the project could be designed in such a way that they don't have to go into the creek and the wetlands and the flood zone with bull dozers and grade cut and fill to that extent to drop two four by ten culverts.
So I have seen other projects that have come before us on Special Use Permits where people are doing the thing to make it a little more artistic, to value the stream a little bit more than this, and I am very much against the cut and fill that would go into the stream area.
Are there any questions?
MR. HERB RUBENSTEIN: Could you show where the Sewer Lift Station is going to go that the Special Use Permit covers?
MS. MUNDT: The question was where is the Sewer Lift Station going to go in relationship to the stream. And the Special Use Permit actually covers two things: The Sewer Lift Station and also it has to address the Significant Hydrological Resource part of the Development Code.
The Sewer Lift Station is right here -- which is not only in the sensitive stream zone, but it is also in the 100-year flood plain. I know I am not an engineer, but I do know up in Montreaux they put in a Lift Station and it just does not seem ñ it may be different, but it does not seem to be an appropriate place to put a sewer lift stage in a flood plain.
So I think that that location really needs to be looked at and hopefully the Legacy Farms people will address that. I know at the CAB [Southwest Truckee Meadows Citizens Advisory Board] meeting they said it is all self-contained and I do know that they are built with redundancy if the pump doesn't work, but I also know sewage doesn't stop when there is a flood. So it is going to go somewhere. And I really don't want it in the sensitive stream zone and I don't want it in the flood plain.
MR. CUNNINGHAM: What is a Sewer Lift Station?
MS. MUNDT: The question was why is it needed, why is the Sewer Lift Station needed and what is it. It is actually a collector -- the sewer line comes down Lakeside, which is at a higher elevation. So this Sewer Lift Station collects all the sewage from this particular subdivision in this little pump station and then pumps it back uphill to the sewer line which goes back up Lakeside. That's a good question.
MR. CUNNINGHAM: That line isn't on Lakeside yet, is it?
MS. MUNDT: It isn't. I think right now it is on Huffaker and Lakeside. They will bring it along Lakeside.
MR. ART OíCONNOR: Artie OíConnor. Why didn't they run it by gravity down Holcomb to Diamond Jay where the sewer already is?
MS. MUNDT: I don't know, so there is the question you are going to ask them.
MS. PALMER: Robin Palmer. So is this plan in violation of the code?
MS. MUNDT: The code that I am addressing is the Significant Hydrological Resources and that is a good question. Because when we ñ we spent three years a group of citizens and developer representatives and water rights representatives hashing this out, trying to write the best ordinance we could, and we found we had to put a lot of flexibility into it. So the best way that we could come up with so that we weren't having to over manage was to require a Special Use Permit. If somebody was going to do something within this wide band here, the pink band here known as the significant hydrologic area or sensitive stream zone.
In that Special Use Permit [application], there is nothing that says that you can't build that. There are a few things that you absolutely cannot put in there. We didn't think of a Sewer Lift Station. I wish we had. It would have been in here. But we tried to make it so it would get reviewed because we knew people were going to try to do things that we couldn't even imagine. So this Special Use Permit is to bring it to your attention so that we can look at it. And then some things I don't personally object to as long as protections are put in with them.
And so I wouldn't mind some yards being in the sensitive stream zone as long as the drainage isn't down towards the stream if they are going to put in lawns.
The CC&R's that you have a copy of don't address anything in the creek [Dry Creek]. And so there are no CC&R restrictions saying don't put fertilizer so that it is going to drain into the creek, don't set back a certain distance from the creek.
I feel again since it is individual property rights, if somebody owns the property, I have a hard time saying don't do this. And so I would like to see this area, the green and the yellow set aside as a common open space, that is protected. And the best of all worlds, I would love to see it dedicated to Washoe County parks.
It doesn't matter. If they want to put a fence here and here, but keep that corridor clean and clear and free of pollutants and don't build on it, that's okay, too. I do respect that they own the property, not I. But I think the stream needs to function properly for all of us and I think we do have a right to protect that.
MR. MIKE O'BRIEN: Mike O'Brien. The development on the corner of Huffaker, is there any similarities with this project and that project and maybe some mistakes that were learned from that project?
MS. MUNDT: There are. The biggest one is most of the wetlands in that area are from ditches. This is a perennial creek. This creek has fish and it flows, and although in Nevada a lot of times our creeks are used for irrigation, it is actually also a creek and a perennial stream. That is the biggest difference in this case. Our ordinance only applies to the perennial stream. The Army Corps does regulate wetlands, but they have different criteria for wetlands created by irrigation versus wetlands created by creeks. This green area is an Army Corps jurisdictional wetland. I am not sure there were any jurisdictional wetlands on the one on Huffaker.
MR. DON BETTER: Don Better. Do you have a Corps letter that says that is jurisdictional wetlands or is that just in your opinion?
MS. MUNDT: Good question. JBR did a wetland delineation and it is from the developer's wetland report.
MR. BETTER: I read that report and it was .5 acres was actually the true delineations based upon soil and plants.
MS. MUNDT: 3.17 acres. There are 17 acres of irrigation wetlands, and unless this has changed since the one that I had, there are 17 acres of the irrigation wetlands which are treated differently and three point something of the jurisdictional wetlands.
MS. LAURA MEACHAM: Laura Meacham. Where is the pond?
MS. MUNDT: This is a question for the developer, too. It is written on the map as a pond, but I also heard that they are thinking of it being a retention basin and I don't know which. It is right before the bridge and it also would require a great deal of excavation of cut and fill in order to put that in. And that's right in the critical stream zone and right in the creek.
My objection to it is the fact that it is on the creek. It could be somewhere else where it is offset and then I would have no objection.
MS. ROBIN PALMER: Robin Palmer again. It is my understanding that lot owners may be able to have a pond. How does that impact all of this?
MS. MUNDT: I think it said in the CC&Rís that those can be brought back in the future. That those will be placed in the location. And so at this point there they are not looking at that and whether they can or can't be, I just don't know. A lot of it would depend on water rights, which I know Jack Quade is going to talk a little bit about.
MR. BOB MARSH: Bob Marsh. There is a wooden bridge on Timothy. It was wood until it was going to wash away during one of the floods. What would ensure that that wouldn't happen to the Lift Station?
MS. MUNDT: Not a thing. I think they are going to make it out of very strong cement. However, I am still worried about the sewage that is in there.
Thank you very much for your attention. If any of you have any questions just on the stream and the functions and how you want to deal with it, I would like you to give me a call. Again, my name is Lynn Mundt and my phone number is 853-2907. I welcome it. You don't even have to be on my side. I love to talk about the stream.
MR. WALTHER: It says here -- in this particular scenario -- there is no reference to what they mean by lakes or piers or anything or they could even ask for permission and, if so, where would the water come from and how would it be dealt with and how is the irrigation going to deal with that. So that was the reason for raising the question with respect to that issue. This is not mentioned here, unless it is the pond that is being referred to in the CC&Rís.
There is a neighbor, Jack Quade who lives next door to the development who is also technically equipped to talk about some of the water issues. So Jack, I am going to turn it over to you and maybe you can raise some of the questions that you had about it.
MR. QUADE: My name is Jack Quade. I live at 8690 Lakeside Drive. It is immediately adjacent to the Legacy Farms property. I have lived there for 41 years with my family. I am familiar with Paul Elcano and the original land and irrigation systems that were in place over the years.
Paul [Elcano], as I knew in the early days, had associated with his deeded 134-acre feet of Truckee River water rights and was I curious when this property came on line, and Legacy Farms first proposed their Special Use Permits, how they were going to go about irrigating this property.
So I read their Special Use Permit Application. And one of the things that astounded me was in spite of the fact that they had all these water rights and sometimes Paul had some spring rights up Dry Creek and had some spring rights out of this. I can't say I know the numbers anymore. He also had 50 shares of ditch rights in the canal [Steamboat Ditch Canal]. So how are they going to go about irrigating this piece of property. And one of the things that came to mind was -- these people have no capacity to divert any of the water without some water rights. So I wrote a letter to the Planning Commission [Washoe County Planning Commission] on January the 6th [2003]. I expressed some concerns about the fact that they weren't giving anything to these new landowners and clearly they needed some capacity to be able to divert water.
They came back about two weeks later with an amended version of this [their tentative maps and subdivision application]. It didn't significantly change very much, but it did go about allocating four acre feet of Truckee River water rights to each one of the individual parcels. That was great for a start. The people now had a chance to do something with the water if it came their way.
What it could do, though, is they would have to submit these four acres feet to the canal, then in turn would ultimately put them in gates. This is up in this direction and they would put the water rights in the ditches and bring them down to the western boundaries of these properties.
And there are four locations, really. One cuts across my property to the north, another comes in on the Sanford property approximately here. And we have already talked at length about Dry Creek. And there is -- I am not sure what his water rights were -- but he had some claim to water right up here. There is another water encroachment, but it comes through a culvert. There are four culverts. Actually there are two culverts going here cross Dry Creek. One is a main one and another one comes across approximately here, wraps itself around the hill and comes into Jim Sanford's pond just about here and comes around and fills in a low spot in this part of the development.
At that point you might have thought -- ìWe have four supplies of water down here, we can do something with that.î But if you look at it and think about it, there is no way you are going to get ditches to serve some of these pieces of property. So you have the water rights down here, but no way to serve the 13 parcels. It is kind of an empty hat.
But what is in place -- and let's back up a little bit. In the past the upstream people have used their ditch rights and water rights to bring water down from up above through individual gates, mostly Gate 44 and 45 [as designated by the Steamboat Canal Irrigation Company], and they have been turned either to irrigate it directly from ditches and/or brought the water into the pond and then pumped out of the pond.
But what they have not done is use subsurface water rights. They have maintained almost religiously the idea that they ought to use the allocated Truckee River water rights, pay for their assessment and bring it to the land.
How are these people intending to irrigate this property? It is designated for each parcel. It is 2.2-acre feet or 1,800-gallon a day water right for each one of the 13 parcels. They are going to drill 11 more wells. What those wells would do then according to their CC&R's is provide water for each one of the buildings, water for the septic system and it would irrigate the two and a half acre parcels. That's in the landscape plan.
It seemed just incredible that somebody would be proposing to irrigate two and a half acres of land using a 1,800-gallon-a-day domestic water right. They will be exceeding the allocation. That is what is in the CC&Rís. There is no way to get the water from here into there.
Within the eight months of completion of the main dwelling unit, each lot on two and a half acres should be completely landscaped and goes on to describe the plan, and then in the end it says an automatic irrigation system must be part of the overall landscape plan.
Now, obviously it is hooked to the domestic water well. There is no way to get the water from here into that irrigation system to pump water for each of the two and a half acre parcels. It is not provided for in any of the plans. They would be allowing each one of the parcels to have a structure in a pond some place or a holding place and then they can pump water to irrigate. That would be a network as these people up here have always done where we are adding to the ground system rather than subtracting from it.
I think that summarizes what we need to think about. But this case is something that breaks all precedent. It is going to use ground water to irrigate as opposed to using the available water and bringing water in and adding to the ground water system.
I would be happy to entertain any questions.
MR. ROY WALKER: Roy Walker. Why don't you do something about that?
MR. QUADE: What we have done up here, Jim [Sanford] and I have done this on our two properties, you can see we have a pond, big pond. And what we do is we bring water either from our systems in some cases, but surface water rights, because my water rights are in place, I bring them down and I fill up the pond and then I back pump, but I don't irrigate my pasture with anything that comes out of the subsurface ground water. So here we are in a position to add to the water rather than subtract from it.
Lynn [Mundt] certainly has an aversion to using this one, but whether we use it here or in some other places, maybe more than one, bringing this water that we now have available from four different avenues to these via a ditch or whatever, a culvert and then either pump directly from them or push from them to irrigate these parcels, we would be adding from the ground water rather than subtract.
MR. WALKER: How would you enforce this? These guys are doing this. How would you do it?
MR. QUADE: We are putting a plan before the Planning Commission. These 13 aren't here. They aren't violating. They are going to be here under some kind of restrictions that are going to be part of this plan if we get with it. I think you know it is going to happen. We need to have it in place as part of the final plan that they are going to use this irrigation water from the Truckee River and not the ground water.
MR. WALKER: Are they going to have wells on all 13 parcels?
MR. QUADE: Yes. One of them here and this one down here that is associated with the old house, additional house. Then they are going to drill 11 others. Paula [Dermody] has bought sufficient ground water rights to deliver to each of the parcels 2.2-acre feet of subsurface water rights, which is equivalent to 1,800 gallons a day.
AUDIENCE MEMBER: Before you were there, they had built a well there. It was an Artesian well. They drained everybody up on Lone Tree Lane.
MR. QUADE: That is true. I have never used that well for irrigation. I trickle water out of the pond that's in my front yard.
AUDIENCE MEMBER: It also took away all the water from up above.
MR. QUADE: If I flowed the well it would have done that, and if I have irrigated the property, it would have done that. But even Charlie Haas who lived up above me, he was practically on the surface with his well. Once it settled down, it stayed that way. And I have never used that water right to irrigate the field and I have been there all this time.
MR. PARSONS: I was going to ask you about the 2.2-acre feet. Is that a regulation?
MR. QUADE: Yes.
MR. PARSONS: Is that per acre or per family?
MR. QUADE: Per domestic well. Each residence. That 2.2 is you buy it, you have -- there's the other thing. It is really tough to buy some surface rights and they are very expensive. Young Haas across the street paid $20,000 for the water right, 2.2-acre feet to subdivide that land. And before you can you parcel lands, it must go along with the parcel. You can't just go in and promise to do it at a later date. In the case of a lot of us, we had to do this from a single source. We said to buy it from one guy.
MR. PARSONS: I recall an Artesian well, I think had electric power service to it that was farther north from your house, a large one and it has a pipe that goes across the gully. Is that well the one you are talking about?
MR. QUADE: You have seen the pipeline running across. Yeah, he drilled that and he was irrigating some land up in here for reasons that are better known to him than me because I always thought he had enough water right here. Paul [Elcano] liked to use all the water he could get. These parcels up here are practically sitting on a cliff. The building sites are almost nonexistent.
MR. PARSONS: Who owns the water rights for that well?
MR. QUADE: When you get a right to drill the property, you buy the 2.2 acre feet and you pass the ownership to the county, utilities people and they put it in their pocket. It is a tax for the privilege of drilling the well.
Let's go to the other side of this argument. How much water is too much water? Because in truth we don't have in place a system that puts a meter on the well and measures the water or we would wish we didn't have it on if we did.
The other side of it is there is no enforcement. I have been to the State Water Master's office. They cannot enforce this law. It's a wink and a nod. The honor system.
MS. MARY DUGAN: Mary Dugan. When this gentleman in the blue asked you about what can we could do, how can we stop this and you said we were coming up with a plan ñ it is your plan to show up at the Citizens Advisory Board [Southwest Truckee Meadows Citizens Advisory Board] or Planning Commission?
MR. QUADE: They are going to put their fingerprint on this, and if they do it right, they are going to say we are not going to -- they are going to put in whatever is needed to make this right in terms of not using ground water. There are enough people on that Board [Southwest Truckee Meadows Citizen Advisory Board] if we alert them and tell them the right story.
MR. ROY WALKER: Roy Walker. Will we be notified about that meeting?
MR. WALTHER: I hope that Legacy Farms will bring it back before the Advisory Board in February. I think it is the third Thursday in February and notice will go out on that. Then if I understand it correctly, they are going before Washoe County Planning [Commission] in March. They don't have to go before the Advisory Board at this point. They can ignore it. Given all that has happened, I think it will be great if they come back in February and address these issues which are raised tonight and which will be raised Saturday morning.
MR. QUADE: I wanted to add, my greatest claim to fame is digging ditches. Forty-one years of digging ditches. My neighbors have joined me in the great spirit of cooperation and I can't say enough about how that has worked to our benefit. This is an abomination in that it doesn't stay with the old game plan.
MR. WALTHER: I am going to mention at this time one of the lot owners right next door is James Sanford. I am going to ask James to come up and talk about a couple of issues that you mentioned before so that those issues can be addressed at this time just with respect to people who are adjacent to the property.
MR. JAMES SANFORD: I am James Sanford and my driveway access is right here directly next to where the plan is to put the road. The entry here. I don't want to reiterate some of the concerns that you have already said, but I have some additional ones.
One of the things that is really troublesome for me is -- I know that they want to be able to get as many lots out of the piece of property that they can -- but in order to be able to do that, not only have they used the stream, but they made some really odd shaped parcels that really don't work to my benefit especially because the building pads have to be so far up close to the road here. And this parcel here, it is extremely skinny and extremely long. All that means is that in order to be able to get the number of parcels that they want, they really haven't done much to be able to benefit the existing people that are there.
When I built my house and bought my property it was because it was next to 34 acres of nice rural farmland that is there. And so my other concern is how common the houses are going to look and the same pattern of them. And I really don't think it fits with the area out there and people being able to have a unique type of a house, and I am personally concerned about property values and what is going to go on with my parcel simply because of what is being built here. I guess I have some additional concerns. If these were going to be sold as individual lots and then people could build the houses that they wanted to be able to build, that would be far different than having Legacy Farms LLC, which the Brunson people have a membership interest in. I'm concerned that the profit aspects of this are not necessarily going to lead to potentially the highest grade of construction. I certainly emphasized that when I built my place. So I have some concerns about that as well.
When she was mentioning a stream, there is a tremendous amount of wildlife. There is a family of Great Blue Herons that live down here. There are thousands and thousands of quail and ducks and geese. So I think it is real important for the area as a whole and the wild life that is there to be able to maintain this.
And I agree with putting some restrictions on there. And I am very much in favor of dedicating, I am not sure whether it is the wetland zone or the critical zone or whatever needs to be maintained to be able to have that creek work, but I would be very much in favor of a dedication of that to the Homeowners Association so that there would be some responsibility towards continuing to maintain that. As Steve mentioned, people don't drive slow around here. My children have mentioned to me safety issues, but their school bus stop is right here on the corner. I am personally not all that interested in having 13 lots be serviced by this because the majority of the people who are going to be going anywhere, they are going to be coming here. I am thinking that rather than having a private driveway here I am going to be seeing two or 300 cars go by my house every day. That doesn't really excite me.
One of the other things that we have been talking about a little bit is safety, just because as you are going around this corner and people don't go all that slow, it is problematic having those roads there to begin with. But when you start talking about putting building pads out here and two story houses, there is not going to be any visibility around these corners at all. So having the road configured like it is problematic both for me, but I think from a safety standpoint as well.
One of the things that we talked about was potentially having -- maybe suggesting a different approach towards the entry to the property. There is a Council Lane up here right now and it could come to here. That way you might be able to have one access road that could even be a little bit further to the south that would come up this way and service these properties and then a road that would come down here and then you would only have to have one access out here. And it would certainly get rid of this. To the extent that you want to get rid of this, it also provides a little bit more flexibility with regard to the building pads that are here.
I guess overall I would like to be able to see the area maintained in itself rural fashion the way that it is. As was mentioned, there are two culverts that come over here. One that comes right around here and comes around -- Jack mentioned it is kind of like a cliff, but it comes over here right underneath the road and it has water that flows into it and that is what I use as my source of irrigation. So it would be very important to me to be able to maintain that because that is what has provided water for irrigation on my property on a historical basis. I have some concerns with regard to doing anything to be able to put a building envelope over the top of where that creek runs because it really is pretty flat. That is one methodology to be able to get water, Truckee River -- it is not Truckee River water, but it is surface water from those creeks and it could come down here. And if you wanted to be able to have a pond, that would be the best way to do that. It does run you around and you could get it there if you wanted to.
I think that is about all I have. Thanks.
MS. DUGAN: Mary Dugan. I am not going to talk very long here, but I am going to echo a little bit of what a few other people have said. I live ñ my lot backs up onto Lakeside, just south of Windy Hill, and safety is one of my biggest concerns. I have got four kids. We don't get down in this area down here that much, but I know James Sanford's kids and I am concerned about them and all the kids that are going to live in these homes.
For those of you who don't live on this driveway, people come around Windy Hill, and just as they turn south to go straight, they just open it up and they go as fast as they can down here. Not everybody. Iím sure none of you good people do that. In the summer you can hear it. In the summer you can hear the motorcycles and the cars. And I am informed that this is where it gets really tricky. There are some mailboxes that regularly get taken out.
Unfortunately, this part isn't funny, a gentleman didn't make it sometime in the last few years. So we have one death on this corner on Dead Man's Curve already. And as James said, if you put some trees here or a nice big house here, these people aren't going to be able to see at all. So with this entrance here and here, I just think this is a disaster waiting to happen.
So I think too that some consideration ought to be given to this Council Lane extension and that might be able to do away with this. And if this entrance were moved down here, you would increase the likelihood that people could navigate Dead Man's Curve without adding to the hash marks that already exist for the casualties it has taken. So I just
think that there needs to be more consideration. This isn't that big of an area that it should require these two entrances on Lakeside and one on Holcomb. I just think nobody is going to be happy when another person dies on this. I would really like it if some consideration were given to that.
My other big concern is the thing that makes this Southwest Truckee Meadows beautiful is the character of the place. You have houses that look all different types, you have all kind of fences, split rail, you have got white, you have got brown painted, you have got no fences, you have got barbless wire and barbwire and everybody thinks it is just fine.
What I understand the plans for this to be are white vinyl fences. I don't have anything against vinyl fences or white vinyl fences, but if you have 13 lots on this and it is all fenced, it is going to look like a waiting line at Southwest Airlines with those little things you have to walk through. It is not going to be pretty at all, I don't think.
Not only that, you are going to have look-alike homes, look-alike fences, it is going to look like you have taken a nice little sub-division built by Lewis Homes or whoever builds lovely subdivisions and planted it smack dab in the middle of this rural area and it is going to be as far as I can tell, it is going to be the biggest blight. I am not sure what could be worse. Maybe a sand pit. So I am very concerned about that. Why would somebody want to make a subdivision that looks like cookie cutter houses and cookie cutter fences in this beautiful rural area. I don't get it. I can't imagine anything uglier. It is cheaper of course.
Apparently you can have some domestic animals, maybe can you have some goldfish as long as you don't take them for a walk. You can't have any livestock or horses, sheep, cows, chickens and it is going to be a gated community. What do you need the gate for if you are not going to have any livestock? They are not trying to keep animals, they are trying to keep us riffraff out and that is kind of not the feel we want in that whole southwest area. We want to be inclusive, not exclusive. I think that is how most of the people in the area feel. It is certainly the feel we want people to have. So I am concerned about the gated aspect of it, too. I don't see what purpose it really serves, unless it is more city-fying it.
I guess it boils down to a homeowner in the southwest area. When he moved in, he was buying a house, living there a long time and the fence was painted brown. Somebody tried to tell him a lot of us have white fences here -- I think suggesting politely that he should paint his fence white. So he got out more brown paint and spruced it up. But it is all individual. It is not cookie cutter and we don't want it to look that way and I think the plan as it is right now, it might be lovely elsewhere, but to put it right here in the country, I think is a big mistake.
So I would encourage you all to show up at the Citizens Advisory Board [Southwest Truckee Meadows Citizen Advisory Board] meeting, at the hearing before the Washoe County Planning Commission, and at the meeting to be held this Saturday morning [February 1, 2003] at Bartley Ranch. Any time any one of these meetings comes, the POW website will tell you when you need to show up. But show up and let your wishes be known. It's important.
MS. KAREN COLOMBINI: My name is Karen Colombini. I live on Council Lane and I have a big problem with them putting that road in there. Why should they put a road through another community and include us in their community?
MS. DUGAN: That's a good point. You are going have to show up at the meeting and express your views. I don't know. I am sure you don't want that. I am concerned about this and your concerns are different and they are just as valid, so you need to show up and express your views, too.
AUDIENCE MEMBER: If they can't come, can they write letters?
MS. DUGAN: Yes. I think you can write letters to the Citizens Advisory Board and that meets the third Thursday of every month. You can write the same letter to the Planning Commission, just put everybody's name on it. Thank you.
MS. DARLEEN HUFF: Darleen Huff. We have been attending meetings for probably the last 20 years keeping developers at bay and we go get our voices heard, but nothing seems to happen. How can we be assured that somebody in the Planning Department and County and people who get the final say on this actually hear what we are saying, listen to us? It doesn't seem to make any difference.
MR. WALTHER: I think that all that happened in the last several years -- I have been living out here since '48 -- I think a lot of good has come from citizens' input here. When you look at all the things that have been done to protect the area in general, I think a lot has been done and the best thing that can be done is to be here, learn about it and come to meetings and express those concerns. You can sign a petition. You can come to the meetings. I do think it does make a difference, but it takes input. If it doesn't happen, [i.e., citizens input isnít given] the County Commissioners who ultimately who will decide this will think ìI really don't know how people feel, -- maybe by not being there -- probably okay.î So that is the reason Protect Our Washoe held this meeting -- to get the notice out, let people know what is going on, learn about it and be in a position to voice your opinion.
As I understand it, the Advisory Board meeting is held the third Thursday of February at 7:00.
MS. ROBIN PALMER: Robin Palmer again. It seems to me that since the Regional Plan settlement that there has been more emphasis on what the CAB's [Citizen Advisory Boards] are saying and the County Commission is listening more to CAB's. But that question relates to the question that I have, isn't settlement -- are things changing as far as code goes and is there -- is it better if this gets through now versus six months from now? Can someone address that?
MR. WALTHER: I am not sure who is qualified to give you the best answer there. Maybe somebody else is. I think that it still remains to be seen, the impact of the so-called settlement, but I do think it is not likely that the changes in overall density by county ordinance are likely to get more dense here, especially if we keep our eyes open.
The first Advisory Board [Southwest Truckee Meadows Citizens Advisory Board] -- and I served on that from '81 through '83 -- but over a two-area period, the first plan was put together for this the hallmark of this area -- basically the hallmark was rural residential. And from that a lot happened. Lakeside Drive was to be four lanes all the way to the Mt. Rose Highway, Plumas Street was going to be four lanes, Thomas Creek was going to be four lanes all the way down to the Mount Rose Highway from McCarran. A freeway was going to be run through, and it was then called the A-line, that freeway has been moved to the central valley corridor as a result of the influence of the southwest. Plumas Street has been stopped, Lakeside Drive has been stopped, Thomas Creek has been stopped. That does allow then for permanent rural residential character.
Now, the questions come up time and time again what about cluster zoning, why can't we put a number of houses in the corner here of this lot and then have a lot of open space. There are pluses and minuses to that. If you have a lot of people living in an urban environment in a pod of highly dense areas, they are less likely to really want to live in a rural area and have rural activities of the kind that this area always has had. And that has been one of the chief arguments for feeling that there should be two-and-a-half acres per residence so people who live out there can have a rural.
AUDIENCE MEMBER: Could you please tell us exactly how to find the POW website?
MR. WALTHER: Yes, it is www.protectourwashoe.org.
MR. STEVE CUNNINGHAM: Steve Cunningham. With increased density is there a chance that the plan to make Lakeside Drive a four-lane road could be resurrected?
MR. WALTHER: Well, we are nervous about that. But as long as the density remains two and a half acres without peripheral increase around the area, we should be okay. When you see the development, for example, the Ballardini Ranch and they proposed 2,000 homes in all of Ballardini Ranch. If that were to go, even the thousand-acre one, it would start building real pressure on Ridgeview, Lone Tree Lane and even McCarran to come down Lakeside. That is the thing that would change the whole area. If you look at Ballardini Ranch alone and say they just build those houses up there, but bear in mind that Ballardini; in the North has been proposed for high density, very high dense development. If that goes through and gets annexed to the city and high dense development comes in, it will be one of the first parcels in the southwest that have ever asked for and gotten high density development. Most everybody down here is still two and a half acres.
Even with ArrowCreek, there was some cluster zoning approved as part of a compromise to get 1,500 acres along the Foothills. And that was a compromise that came with a lot of benefit with a property that big.
MR. CHRIS BARRETT: My name is Chris Barrett. It feels like coming home in more ways than one. I see a lot of parents out there that I grew up with your kids, Mr. Quade, ran track with Jay and Conrad. Mr. Berry, Mr. Walther. My favorite, Mr. Beasley. I got all kinds of lectures from Mr. Beasley, thank goodness. I say that because I am really back in trouble again. Geez, what a crowd. I grew up out in that area, 3720 Fairview Road and had a lot of fun out there. It is a great area.
Steve, I used to cut your mom's lawn. The property that we are talking about in all seriousness is a beautiful piece of property. And, in fact, when the owners -- one of the developers is an adjacent property owner [Paula Smith Dermody] and they have put a lot into this. And I can't tell you how much they were excited about this project and I have heard a lot of comments that we don't want the cookie cutter, et cetera and that's why we are having a meeting on Saturday [February 1, 2003] to explain that to you they don't want it either.
They see development heading out that way. They hear your problems. They have experienced them out there over the years. God knows my Mom and Dad -- and I can't tell you how much ditches I cleaned with Mr. Berry and his son and Bob and Bob, Jr. We have faced a lot of problems out there. A lot of the CC&R's were designed to protect that area so it doesn't degrade any further than what we have seen. There are no models. They are custom homes. There is no pond. I don't know where to start. I am just going to look at a sheet that was passed out that was sent out to the mailboxes, if I could just highlight on those. I am not technical so that is what Saturday's meeting is about. Please come by.
MS. JANET HUNT: Janet Hunt. If this is supposed to be rural, why aren't they allowing animal like the rest of the community?
MR. BARRETT: They are not saying you can't have animals.
MS. HUNT: Yeah, they are.
MR. BARRETT: Again, I am not going to get technical. You are going to have to ask the developers that on Saturday. They wanted to make sure that the area stays as pristine as it is right now ñ including the pump station. That pump station was designed and put in the plans there in case the County does not approve the grinder station for each lot to put in the sewer pipe. Their intention is not to put a pump station down in that area. It is an alternative if the County does not approve their intention, which is to have a grinder station pump the sewer into the pipe so it doesn't have to go down in that pristine
area.
A grinder pump station, my understanding is rather than have 13 septic tanks on each lot, they want to have a sewer line in there. I guess it is like a big garage disposal that pumps the sewage into the pipe and then it will go down to the sewer treatment. That is going to protect the ground water there and again they design the pump station
over in the low land of the lowest part of that area in case the County does not approve the grinder station for these home lots.
MR. HERB RUBENSTEIN: I know we have a copy of your Special Use [Permit] Application for the ìLift Station.î Is that something different than the ìpump stationî that you are saying that they aren't asking for?
MR. BARRETT: Yes, it is my understanding that they put that in there in case the County does not approve the grinder station at each home line. So if they don't approve it they don't have to come back and go through another delay in the process to get that approved.
MR. RUBENSTEIN: You don't really want the Lift Station?
MR. BARRETT: It is my understanding it is in there like I stated.
MR. RUBENSTEIN: Because my point is when you make an application for Special Use Permit, a whole lot of people have to study that and look at that plan and it has to go through the CAB and everything else.
MR. BARRETT: I agree with what you are saying and I support your all coming to the Citizens Advisory in February and the Planning Commission and tell them approve the grinder station.
MR. HORACE COSTANZO: Horace Costanzo. What is your position in this? Are you hired by Brunson, do you work for Summit, are you a lawyer involved?
MR. BARRETT: I am not a lawyer. I am not an engineer. I have had a lot of meetings in the Citizens Advisory committee and the folks did hire me to come talk to you tonight and to help smooth out the information process so people are informed.
MR. COSTANZO: Who do you work for?
MR. BARRETT: I work for IW Strategies, a government relations firm. Mr. Berry.
MR. ROBERT BERRY: With all due respect to you [Mr. Barrett] and your wonderful family, I love you all, I really truly do. My covenants and restrictions provide that I can't sell to a black person or Chinese people can only live in a little outhouse that is 800 square feet. That was passed in 1946.
There are some really serious problems here. Really serious water problems, some really serious ecological problems, and I am personally disappointed that the owners of this project are not here [note: the developers and owners of the project did not personally appear before the Citizen Advisory Board on November 2, 2002 or before the Citizens Advisory Board on January 16, 2003, as well as the Protect Our Washoe meeting] because it just seems to me the Dermody's are a well-known family here in Reno. It just seems to me that people can sit down and work these things out. Okay, you have a problem here, let's do it this way, let's do it this way.
But this is not about CC&R's. This is about sitting down in a community, neighbors and making something happen that makes sense for everybody.
MR. BARRETT: You are absolutely right and that is why we sent out notices for Saturday's meeting. We just found out about this meeting yesterday when Mr. Walther called the developers at 3:00, they have families, they have obligations as well. I was the fortunate one, I guess the unfortunate one that drew the short straw and was chosen to be here tonight. Saturday's meeting, as I said, we sent out the notices way before this came out to answer the questions that you guys have.
MR. BERRY: The point is not public meetings. The point is your owners get together with the principal movers of POW [Protect Our Washoe] and you negotiate something that makes sense rather than a win/lose kind of thing.
I have been with POW since Steve Walther was a sophomore at the University of Notre Dame in 1961. Every single time it is this win/lose, ìI want to do this, no, I want to do this,î and POW has won every single time. Every single time. And the time has come with descent young people like you and with all due respect to your family, why don't you sit down with Steve Walther and work it out?
MR. BARRETT: You are absolutely right and it was my understanding there was a meeting with Mr. Walther and there were numerous phone calls to Steve's office that were not returned and that is why we ended up doing the meeting on Saturday. We have been to the CAB [Southwest Truckee Meadows Citizen Advisory Board]. We recognize that there was a communication problem with the information getting out and that's why we are doing Saturday.
Again, we called Mr. Sanford, we called Mr. Walther, calls went unreturned so we took it upon ourselves to have this meeting on Saturday, 10:45 on Saturday morning over at Bartley Ranch.
AUDIENCE MEMBER: We live on Fairview Road, and we didn't get advised.
MR. BARRETT: I did not see the list. It is my understanding this went out a half-mile radius from the corner. I apologize. I apologize right now for that. It was a mistake. You are invited to be there Saturday morning and I appreciate Steve for announcing that at the beginning of the meeting and there are directions to the meeting on the table in the back.
MR. BOB HUNT: Bob Hunt. Who will be at the meeting on Saturday? Who would be capable of really talking about what their goal is and how it can be adjusted to fit with the rural area. Because otherwise, the meeting on Saturday isn't going to be any better -- or they more friendly, if you will, than this meeting.
MR. BARRETT: The developers will be there. The owner of the property will be there, the architect, the engineers, the hydrologist will be there and the developers can answer those CC&R questions better than I can. I did not draft those. Everyone who is involved in that project will be there. I also believe that there is going to be some County folks so they are aware of what we are doing as well.
MS. ELAINE STEINER: Elaine Steiner. I would like to know what the format will be.
MR. QUADE: We'll have pictures of the development, most important, coffee and donuts for everybody to sit down. I am not being sarcastic. We'll have engineers to answer questions, depending on how many people show up, one to one, if it is more of a classroom setting like this, we can do that as well. We want to make sure everyone has their questions answered to their satisfaction.
So again we can do it in a form like this or we can do it one on one and have people go to different stations and ask their questions to
appropriate people there.
AUDIENCE MEMBER: You have seen the maps, has anyone in the group seen any of these maps and thought a little bit what they might address on Saturday ahead of time or is this all alien to you?
MR. BARRETT: No, thank you for asking that. We have gone through these maps a number of times and we have looked at -- we did one of the first layouts was, oh, my god, that is in the creek that is too far in there, that lot is below two and a half acres, how can we redesign --
AUDIENCE MEMBER: But something where you are specifically addressing some of the width issues, some of the problems with getting water to certain properties, is somebody going to be able to talk about a long sort of laundry list of problems?
MR. BARRETT: Yes.
AUDIENCE MEMBER: It appeared to me to be a sales pitch and not come and let us know what you feel about this in your neighborhood.
MR. BARRETT: That was not the intention. There will be no salespeople there. We are not selling lots. I think it said in the invitation it is an informal meeting.
MR. VANCE BELL: Vance Bell. I think from our response here, notification has been very, very poor on your Saturday meeting. Did you get an ad in the paper or anything on this?
MR. BARRETT: No, I believe it was sent out like I said a half-mile radius to that. Again, I apologize to the folks that did not get them.
MR. RUBENSTEIN: I would like to say something about the maps because I had a hand in putting together these maps. These maps were produced by Summit Engineering and if you see there is a line right here. The original maps ñ those are two sheets of paper pasted together very painstakingly. There was no color on these maps. There was no way to really show the impact of the plan against the stream. And what we did was, we made copies of the maps and we pasted them together, and we colored them so we can now see exactly what the impact is. I want to make that clear. These maps are the actual maps from the plans from Summit Engineering for this project. But in order to see what was going on, we had to take two maps and put them together and color them.
MR. BERRY: The question is have you given it to the developers?
MR. RUBENSTEIN: I haven't had that kind of time, Bob.
MR. BERRY: The point is why do we always get into this win/lose kind of a thing. I think what you should do is to give that map to the developers prior to the Saturday meeting, tell them these are the concerns that we have, they are legitimate, they are supported by absolutely totally credible people, so prepare yourself, because this is what we are going to talk about. These are streams, this is all of the things that wonderful lady [referring to Lynn Mundt] who talked earlier -- just a wonderful presentation. Tell her where you are coming from. This is where we are coming from.
MR. RUBENSTEIN: It is my understanding when they first drew these lots to fit county code, there were more lots in the stream and that is why they redid it.
MS. STEINER: My name is Ellen Steiner and I am with the CAB [Southwest Truckee Meadows Citizen Advisory Board]. To answer your question, we did recommend not to approve this. And in our recommendation we listed for the developer precisely why we turned it down, what the concerns were, and we asked the developer to meet with the neighbors and the community to try to work out something that would be amenable for everyone which did not get -- that was in November. At that time we were working from a pencil drawing that identified 13 lots with no indication of where the streams were, with no indication of where the wetlands were, with no indication of the topography. Were it not for the knowledge of the people on the Board [Southwest Truckee Meadows Citizen Advisory Board] as to the particular area, we would have had very little on which to act. So I want to make that absolutely clear -- that this is not news to the developers, what they are hearing tonight. These are concerns that were expressly indicated at the CAB meeting.
The second time the development came before us, it was for the Lift Station and the developer did not return with a map that had more detail on it, but we were able to get a map from Washoe County planning. We did not get it from the developer. Because we did not have again for the second time [at the meeting of the Citizen Advisory Board on January 16, 2003] sufficient information, we voted not to take a vote on the Lift Station again because we did not have sufficient information. When this comes before us the next time, we hope that we'll have sufficient information from both the developer and from the people and the neighbors who are concerned with this project. But let me point out that this is the third time the CAB will be considering that -- considering this particular development. We don't often consider a development more than once because when a developer comes before us, they have the respect for our group, they give us a complete application, and we have not had that. So I just want to point that out.
AUDIENCE MEMBER: I heard Paula Dermody wants to replicate Kentucky Horse country and all the homes will be white with green roofs and no horses.
MR. CHRIS BARRETT: That's the first time I have heard that.
MR. MIKE O'BRIEN: Mike O'Brien again. I would just like to say given the proximity of the Silver Circle Ranch to your project, your half-mile radius would have succeeded in inviting nobody. Did you give any consideration to using that as an entrance to this project from the north? Has it been considered at all?
MR. BARRETT: I think they looked at all areas and it is my understanding that they looked at the existing driveway which is the entrance to the project. It has been there longer than Jack. That is not going to be gated. It is not a gated community. If the homeowners would like to have a gate at their driveways like many others out there do, that's fine.
As far as the access onto Holcomb, it is my understanding that County Code requires an entrance in and out and an emergency exit, if you will. They way they have that designed right now that is the safest point from that corner.
MS. PALMER: Will Saturday's meeting be used by the developer to address the CAB's concern that input from neighbors be sought?
MR. BARRETT: The best way I can answer that is to answer all the questions from everybody there. If that solves the questions from the CAB, we'll do every intention to do that. But again, we'll be back in February.
MS. PALMER: But the CAB was saying that a concern was that the neighbors have had no input on this project.
MR. BARRETT: That's Saturday's meeting, so it will be used for that purpose.
MS. DUGAN: I just have a suggestion, and it is my own personal suggestion, so I don't know how everybody else here feels about, but I think some people you can tell we are a little leery about this meeting Saturday and you have said it could take many forms, it could be a ìone-on-one thing.î I think some of us would feel -- I am getting told this, but what if they tell that guy, his concerns were different than mine. I suspect we might prefer this type of format where we can all hear the same questions.
MR. BARRETT: We'll do that. I will order some more doughnuts.
MS. KAREN BOLDI: My name is Karen Boldi, I am with Summit Engineering, I would like to apologize to the CAB [Southwest Truckee Meadows Citizen Advisory Board]. We weren't informed that we would be put back on the agenda -- our notification of the CAB meeting was short notice as well. It did address that the tentative map might be addressed so I was hoping to bring back the tentative map, at least with the changes -- to show you changes have been made. I would like to apologize on Summit's behalf. That is normally not our style and we will be coming back this month to the Citizens Advisory Board, so I would encourage you to attend what meeting to see if any of the other items have been addressed.
BrunsonBuilders has been very workable with us. I know they are not trying to evade anything, any of the items addressed. I know a lot of the items that were brought up this evening -- as far as water rights go and irrigation goes -- have been addressed, and I would like the opportunity to answer those questions for you all. Specifically with respect to water rights, they will be irrigating with the existing surface rights on the property.
Now, it wasn't only brought to my attention tonight, the points ìwhere that water would be attainable from?î However, the existing ground water rights would be for domestic purposes. I would encourage you all to attend the CAB meeting. It would be a great opportunity to bring your input from Saturday's meeting along to the following CAB meeting to see what progression has been made and to see how we can mitigate certain items.
AUDIENCE MEMBER: Will any of this information be presented on Saturday in the sense of the new drawings and plans.
MS. BOLDI: Definitely. They do see these maps. I apologize, our first set of maps were on one sheet, but that was due to a county requirement that we show a surrounding radius of 400 feet topography. That is why the maps got separated on two sheets. Unfortunately, that had to be painstakingly cut and pasted together. We can put this site on one sheet which hopefully BrunsonBuilt will have for you. I am assuming they will. I have given them my displays already. And I know they have brought in planners from California that have a bunch of displays. Hopefully, maybe the house designs will be better addressed for you all.
Certain issues such as the drainage crossing will be better addressed as well. If not, I would encourage all of you to attend the CAB.
MR. BOB HUNT: Bob Hunt. You provided information -- whether they choose on Saturday to give it out or have it available -- it is available currently to them?
MS. BOLDI: Certainly. I don't see why they won't have the most current information. The changes that we have made have been somewhat minor changes that the County wanted to see and address all the citizens issues such as lot sizes, such as other items that were addressed at the initial CAB meeting, which I didn't personally myself present.
I did present the changes and it was brought up that the stack of information submitted to the County was this thick. Unfortunately that was due to our well samples -- our well samples constituted most of what was included with the changes. They wanted to see more copies than just the Health Department's copy of the well samples. They wouldn't choose not to disclose any of that, it is all public knowledge and it is all available.
MS. DEE DEE SCHULA: Dee Dee Schula. If the developer's intention was to maintain the integrity and the community of the land in the area, then why build 13 houses, why not build six and use the land properly and allow the streams to function properly and make it a quality area, not a quantity area. It sounds to me like it is about money, not quality.
MR. BARRETT: The best way to answer that -- they are private property owners and the zoning out there says two and a half acres and that's what they are doing.
MR. WALTHER: The meeting will be Thursday, February 20th, at 7:00. When you go to Saturday, if you do, there are some questions that you might ask. Are you going to require the look-alike lot or are you going to change it so that anybody can build what they basically want? Are you going to take Dry Creek and make it open space or are you going to do what is currently being planned? Are you going to consider moving the road farther away from Dead Man's Curve to the easterly direction so that it will give time and kids the chance to react?
Some of these things are I think very important in the overall look of the area. Are you going to restrict -- are you going to have enough acreage for people other than trampling the Dry Creek where somebody can have a horse and have some rural activity? Can you have a barn, store some hay? Can you do what people out there do? Ask those questions if you will because it is really very important.
I was contacted by Paula Dermody and Brunson before the CAB meeting [held November 21, 2002] and they suggested that -- they said they wanted to come before them and have a plan. At that time the proposals were for lots less than two and a half acres. I said most of the time we really insist on two and a half acre parcels or there would be a lot of objection to it. I did not have at that point any declarations or CC&Rís -- I didn't get those until I went down to the County on my own on January 14th and got those. By the time they got to the CAB meeting, none of the developers showed -- just the people from Summit. I am not complaining about that, but they said when they met with me they really want to hear what the people have to say. They didn't show. There were a lot of questions, and the Advisory Board -- and Elaine Steiner can tell you -- did not have the information and were never even given a map that night of what was being proposed. It was put on an easel for the first time and shown to the Advisory Board and the people who were there were upset. I spoke out on the behalf of Ms. Dermody and said ìI am told she is a wonderful woman and I really don't think she wants to not give full information in connection this and probably most of this can be worked out.î The Advisory Board denied it but said come back and give us more information
and talk to the people in the meantime.
I then talked to Ed McCaffrey two or three times or more than that up until Christmas about picking a time when we could have a meeting. I called Paula Dermody the day after the first Advisory Board meeting on November 2nd. I called her the next morning and said, ìI am sorry about what happenedî and she didn't -- she wasn't even informed at that point by Summit or the others who are with Legacy Farms that it had been denied. She said I didn't know about that -- I will have to get back to you. We met again, talked further, but I still didn't have any information with respect to the CC&R's or any information about the kind of issues we are talking about here tonight -- other than the lot size.
So we agreed that we would try to have a meeting where we could get people together. She had indicated that she wanted to have kind of a tea and coffee approach at her house, but I mentioned the fact that at this point what we [Protect Our Washoe] do is invite a significant number of people from the area and we come together like this and we try to get everybody in the same room so people can be fully understood, rather than walk by two or three people having coffee and never getting the full story at one time.
There was no agreement when that might be feasible and it wasn't clear to me if they were going to come before the Advisory Board in January or not. We then talked about having a meeting in January, this is after Christmas, after New Year's, and it wasn't there and it wasn't clear before they were going to come before the Advisory Board in January until a day before. We didn't call a meeting or propose one because we didn't want to raise a lot of issues if they were going to be resolved.
But when it came before the Advisory Board in January, as it turned out, the developers did not show again. They sent -- I'm sorry, I don't remember your name from Summit and there was again a package of information that was filed with the County Planning, thick, well information, but the CC&Rís and some very important stuff to us the Friday before that, but none of that was given to me and I had none of that information at all.
We get before the Advisory Board and the Advisory Board once again was upset that they had not been given the information or the current information to consider the ìLift Stationî issue. So they [the Advisory Board] denied it and asked them to come back in February. Now this is calling a number of people out a number of times with inadequate information -- including the Advisory Board.
So after that it wasn't clear to us whether or not they were going to come back in February. And when the notice went out by Legacy Farms, they didn't call me in advance and say we would like to propose Saturday for a time. The notice just went out on their own. It wasn't clear to us who got notice and it was clear that now tonight that a lot of people didn't get notice.
But our concern is everybody needs to have notice and fairness all the way around. And Mr. Quade who is right here today and lived there 41 years and property never got noticed of the meeting on Saturday. Those are the problems that we were concerned about as people who really had a stake in it, who really understood, may not get notice.
When you look at the notice that was sent out, all it did was talk about wonderful things happening, but it didn't say what the heck it was and the picture on the front page of it doesn't show the actual property in a realistic way, even if it is that. So we were concerned and called this meeting and that is why we are here.
I just wanted to give a history. A lot of issues could have been resolved, these questions could have been answered earlier and therefore people can make their own judgment.
MR. MIKE SCHULA: Mike Schula. Instead of going through a lack of communication and what didn't happen right, why can't we go to her house, have a meeting place with Paula Dermody and the right people so that we can address the issues that really need to be talked about. It seems to me she owns the land, everybody should meet at her house then if she wants to have tea. The question is who will get notice of that.
MR. WALTHER: I said if you have a two and a half acre development, you have some zoning rights to do in connection with that density. It doesn't mean that you can do anything.
MR. BERRY: With all due respect to you, anybody who didn't return your telephone calls is absolutely crazy. That is all I have to say.
MR. WALTHER: This is the reason we are here tonight, so we can learn about it. They wanted to know enough to ask the questions that need to be asked on Saturday and the Advisory Board hearing is coming up, the Advisory Board people need to hear from you on this issue.

(The hearing concluded at 9:30 p.m.)



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