LEGACY FARMS — IS THIS THE LEGACY WE WANT TO LEAVE?

NOTICE OF IMPORTANT TOWN HALL MEETING

Thursday, January 30, 2003, 6:30 p.m.
Meadow Wood Courtyard Hotel
5851 S. Virginia Street, Reno, Nevada
(next door to Wild Oats natural foods)

Protect Our Washoe (POW) is very concerned about an application for a subdivision filed on the corner of Lakeside Drive and Holcomb Lane. It will change the character of the area and possibly serve as a precursor for further subdivision developments. It would be the first time a subdivision of this kind has ever been built in the area and, notwithstanding the contention of the developers, will not be rural in the sense that area has been used to for the past several decades.

The developers have formed Legacy Farms LLC, a limited liability company, for the development. The Developers have applied for approval of a tentative subdivision for 13 tract-like homes on the old Elcano property (consisting of 33.37 acres) and for a Special Use Permit to build a sewage lift station.

On November 21, 2002, the subdivision map issue came before the Truckee Meadows Southwest Truckee Meadows Citizen Advisory Board (Citizen Advisory Board). The Citizen Advisory Board, following an extended hearing, unanimously voted against it. A copy of the list of concerns expressed by the Advisory Board are a part of this notice. At the November 21 hearing, representatives of the Developers brought a new map to the Citizen Advisory Board no one on the Board had seen before, and asked them to approve it without any advance information. As mentioned, the Advisory Board refused.

On January 16, 2003, representatives of the Developers returned to the Citizen Advisory Board asking for approval for a Special Use Permit for the sewer lift station. Again, basic information was not made available to the Citizen Advisory Board. The Citizen Advisory Board refused and turned down the request, expressing several concerns.

Minutes of the actions taken by Citizen Advisory Board on November 21, 2002, and a transcript of the January 16, 2003, meeting are on the website of POW.

POW is informed they will return to the Citizen Advisory Board in March. Because this subdivision development, if approved, will change the nature of the area significantly, POW will hold a town hall meeting on January 30, 2003. Representatives of the Developers will be invited to attend.

Click here to go to a map of the Legacy Farms site plan.

Concerns regarding the development

Nature of the Subdivision. This development is a look-alike subdivision which is substantially constricted in appearance. Although the architecture is attractive, this will be first time there will be a cookie cutter approach to any development or subdivision in this area. Developers have indicated they intend to build three model homes at the outset, all with similar exteriors and architecture. The other homes built in the tract must also be of similar architecture. 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.

The Rural Issue. Developers contend that it will be "rural." However, the declarations the Developers intend to file to restrict the use of the property show that any person or entity owning a home on the lot is restricted to two household pets. 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. No outbuildings (such as a barn for protection of a horse or for storage of hay) are permitted. There is no clear right to any kind of true rural use. The rules are a change in the rural use of the property, defined as we know it, in the area. This will be a highly restrictive use of the property, with no truly rural kinds of activities automatically available that have been available previously on this beautiful property and adjacent properties. This is truly a trend toward an urban use of the property in the area.

Endangerment of Dry Creek Tributary. As mentioned below, several lots are in the critical stream zone or sensitive stream zone, and are in federal wetlands. If built, they will be in apparent violation of Article 418 of the Development Code. There are no restrictions on the use thus proposed, thus making possible the desecration of Dry Creek, as mentioned below.

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 (strong concerns have been expressed that it is really the precursor for the use of this pipe for further developments), all the way down Lakeside Drive to the proposed subdivision. Further, as mentioned below, the sewage lift station is in the critical stream zone of Dry Creek, further violating the code and desecrating Dry Creek as we know it.

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 Citizen Advisory Board on January 7th, that all wetland protections for this area will likely not be followed, and the wetlands will ultimately be destroyed.

Ponds and Water. The Developers propose to build a pond on the development. At present, this would be a violation of codes. If Dry Creek is used for the pond, it appears it will be in the critical stream zone and concerns have been expressed that it will really collect sediment rather than maintain its purity. In addition, the Declarations suggest that other lot owners may also have ponds on parcels. However, as indicated below, the water is to come chiefly from 11 new wells and typically wells in that area are only for personal residential use, not for ponds. If they do not use well water, they will have to siphon it out of Dry Creek, for which there is no current permit to do, to the possible detriment of downstream owners. There has been no explanation as to why the Developers propose to allow ponds to be built on these lots (where there are no ponds presently) and no explanation as to where the water was to come from.

Violation of Critical/Sensitive Stream Zones Code. The Developers propose to seek approval to waive protections to which all of us are bound, in terms of protecting developments along yearlong streams that are in the sensitive area. The Developers now seek to ignore those provisions as to this subdivision and want to have the ability to invade the portion that currently is protected under County Ordinances assigned to protect long-term and beautiful streams, such as Dry Creek.

Gated Community: Exclusivity vs. Inclusiveness. The Developers desire to make this a gated community. There are no gates in this particular area and concerns have been raised that this area is presently one of inclusion as opposed to exclusion, and once again beginning a trend toward a non-rural nature, changing dramatically the character of the area.

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 Developers or persons purchasing those lots might seek.

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.

Water/New Wells. The Developers have indicated that they will be digging 11 new wells, one on each parcel (there are wells on two of the parcels already). The impact of these wells, and to the extent that water can be used, has yet to be disclosed.

Traffic. One person, appearing before the Citizen Advisory Board, made the point that the three access roads (one on Lakeside Drive and two on Holcomb Lane) might raise some unacceptable 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.

Please spread the word and make plans to attend.

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