0:08This meeting is being recorded.
0:12It is Tuesday, June, June 2nd, 6 p.m.
0:16We'll call this meeting of the Washoe County Planning Commission to order.
0:20Could we have a determination of quorum, please?
0:41Go ahead and unmute Linda.
0:48You're still muted, Linda.
0:58You need to unmute your Linda.
1:03Go ahead and say you're here.
1:14Would you all please join me in the Pledge of Allegiance?
1:16I require the United States of America.
1:37Could we have the ethics law announcement?
1:40Yes, Commissioners are reminded that if with respect to any matter or any person coming before the commission today, you received a gift or a loan.
1:47You have a pecuniary interest.
1:49Yeah, the commitment in a private capacity, such as family employment, business or similar relationship.
1:54Or if you've provided representation or counseling before an agency to a person or entity for compensation within the last year on a matter that's being considered tonight, you must disclose that gift loan interest commitment or prior representation at the time the matter is being this is Linda.
2:11You must furthermore abstain from deliberation or voting on the matter if it's clear that the gift loan interest commitment or prior representation will be.
2:18It's Linda, I can't hear you or see you.
2:22The independence of judgment of a reasonable person.
2:25Commissioners are also reminded under planning commission rules.
2:28If you've had any contact outside this meeting with any person interested in a matter coming before the commission today, you should disclose the nature of that contact at this meeting.
2:40And could we have the appeals procedure?
2:42Yeah, most decisions rendered by the planning commission are appealable to the Board of County Commissioners.
2:47If you disagree with the decision of the planning commission and you qualify as an agreed person or party, you may appeal in writing within 10 calendar days from the date that the decision being appealed is reduced to writing.
2:57Filed with the Secretary of the Planning Commission and mailed to the original applicant in the proceeding being appealed in accordance with Washoe County Code.
3:05Please call the planning staff immediately at 775-328-6100 for information on the appeal procedure and the application fee.
3:21I have no public comment in chambers.
3:24I have no hands raised on Zoom.
3:34Otherwise, would anyone like to move to approve it as written?
3:37Rob, I recommend to approve is written.
3:42We have a motion and a second.
3:49The agenda is approved.
3:50Did everyone get a chance to review the draft minutes from our May meeting?
3:55Does anyone have uh notes or agenda to that?
3:59Otherwise, could we approve them?
4:03This is Rob, I recommend or make a motion to approve is written.
4:12I hope all those in favor.
4:19We move on to the public hearings.
4:21Lloyd, would you announce item 8A?
4:28Okay, this is Abaname case number WAB 26003 for hearing discussion and possible action to approve an abandonment of Washoe County's interest in the North, South, and West 33 foot government patent easements.
4:44This applicant uh application is submitted by Tom Tornstrom.
4:48The subject property is located at Zero Cinder Lane and consists of approximately two and a half acres.
4:54The proposal is being reviewed under development code article 806, vacations and abandonments of east mines or streets, and is situated within Commission District 2.
5:03The site is currently governed by the rural residential and rural master plan land use designations and the general rural and high density rural regulatory zone uh districts.
5:13Uh falling within the boundaries of the Southwest Truckee Meadows Planning Area and representing Washoe County in this matter is senior planner Chris Bronzik.
5:28Um Chris Bronzik, Washoe County Planning.
5:30We're looking at WAB 26-0003.
5:35That is for Cinder Lane.
5:40So this is a request to abandon uh three sides of a government patent easement, 33-foot access easements.
5:51Uh these were created originally with land patent 38593, which was provided as part of the application packet uh that was provided to you.
6:03It's located just south of Arrow Creek Parkway, and it's located within the Southwest Truckee Meadows Planning Area before you is uh highlighted map of the subject property.
6:16That subject property is currently undeveloped.
6:23Before you use the easement map that is proposed to be abandoned.
6:28Uh staff did review this.
6:31There is a partial approval being recommended by our engineering division for the northern uh property line.
6:40So instead of the full 33-foot abandonment on that northern property line, they're recommending a maximum of a 13-foot abandonment and retaining 20 feet.
6:53Uh the applicant will be unable to block that area off or have any structures encroaching on that 20-foot access easement that will be required to be remaining.
7:05The um other two uh easements are being fully abandoned.
7:17As part of this review process, ATT also uh looked at this property and did have some concerns.
7:24There is an electric pole that does go through the property.
7:28Their concern was that uh no utility easements or public utility easements be abandoned as part of this process.
7:35The applicant will be required to go through any sort of utility abandonments uh through the own channels of MB Energy, ATT, and any other utility uh companies that use that.
7:55So within the published staff report, there was uh uh screen grab didn't properly um replicate.
8:06So I just wanted to put this on record that these agencies did review, respond, and provide conditions.
8:13Uh and they are reflected in uh exhibit a this was noticeed to all the abutting properties as part of that noticing process.
8:26We did receive two public comments as part of your packet.
8:31Uh one of those public comments was about maintaining access on that northern property line.
8:38The other public comment was related to uh fire and and fire concerns and maintaining that 33 foot on the uh east end.
8:53So staff is recommending approval with conditions.
8:57I'm sorry, partial approval with conditions.
9:01I'm available for any questions you may have on this item.
9:07Um presentation from the applicant.
9:14Uh any questions from the board for staff.
9:20Do we have any public comment on this item?
9:26I have no public comment in chambers.
9:28I have no hands raised on Zoom.
9:33Well, we're open for discussion and debate or a motion.
9:40Sir Rob, I'll make a motion.
9:41We don't have any discussion.
9:44I moved after giving recent consideration of information containing staff report and information received during the public hearing.
9:50The Washoe County Planning Commission partially approved amendment case number WAB 26-0003 for Tim Tornstrom.
10:01Um specifically abandoned Washa County interest in a 30 foot 33 foot easement abutting to the east and south property lines, but retaining 20 feet of the easement on the northern property line with the conditions included an exhibit aid of the matter.
10:16Having made all three findings in accordance with Washoe County Code Section 110.806.20 and the fourth finding in accordance with Nevada revised statute 278480 sub three.
10:29Commissioner Kennedy seconds it.
10:39Then motion carries.
10:42Moving on to item 8B.
10:48This next item is abandonment case number WAB 260004 for hearing discussion and possible action to approve an abandonment of a 50-foot uh access easement known as Indian Lane across the southern boundary of uh APN 07406130 and 07406129.
11:08This application is submitted by CED Rock Springs Solar LLC.
11:13Subject property is located at one uh one zero zero five zero fish springs road and consists of approximately 10.872 acres and 10.934 acres.
11:25The proposal is being reviewed under development code article 806, vacations and abandonments of easements for streets, uh, and is situated within commission district five.
11:35The site is currently governed by the rural master plan land use designation and the general rural regulatory zone uh within boundaries of the high desert area plan.
11:45Once again, representing Washoe County in this matter is senior planner Chris Bronzik.
11:51We're looking at um a b 26 000 four rock springs solar.
12:02So this is a request to abandon a 50-foot access easement along the southern portion of two parcels owned by Rock Springs Solar.
12:14The 50-foot access easement appears to end at uh at these two parcels.
12:24The property owner requesting this abandonment also owns the immediate parcels uh to the east, and there's a deed of combination requirement that was placed on them by our engineering division as part of this request.
12:42The abandonment as being heard today is part of the uh previously approved Rock Springs Solar Project, and this abandonment is necessary to allow for the complete build out.
12:58It is located in the high planning uh high desert planning area before you is the two properties in question, and there's a better view of that area.
13:16There is a presumed public roadway on one of those parcels on the parcel on the left, and the applicant will be required to go through uh the relocation process of that presumed right-of-way or roadway.
13:35Um, and that is outlined within uh state statute.
13:42This is the overall project uh and it shows the overlay of where that abandonment will take place once again.
13:56The screen grab did not populate correctly, but again, this was reviewed by uh agencies conditions were provided, and they are found within exhibit A of your staff uh of the staff report.
14:14This was sent to all property owners that abut uh Indian Lane.
14:20We did receive um significant public outreach on this.
14:25It wasn't anything uh in opposition of the abandonment, it was more just uh more understanding of what's happening and if their properties were impacted.
14:36Once that was explained and they realized that their properties were not impacted, uh there were no concerns.
14:46I am recommending uh approval with conditions.
14:50I'm available for any questions you may have.
14:56Umce again no uh presentation from the applicant.
15:00Is uh the applicant's representative is available on Zoom.
15:06Do we have any public comment on this item?
15:13I have no public comment in chambers.
15:15I have no hands raised on Zoom.
15:19Does the board have any questions for staff or the applicant or discussion?
15:34In the absence of discussion, I will move that after giving reason consideration of the information contained in the staff report and the information received during the public hearing.
15:43The Washoe County Planning Commission approve abandonment case number WAB 26-0004 for CED Rock Spring Solar with the conditions included as exhibited to this matter.
15:55Having made all three findings in accordance with Washoe County Code, section 110.806.20.
16:04Commissioner Nelson, a second.
16:17Uh onto item eight C.
16:22Okay, this next item is development code amendment, case number WDCA 26002 for hearing discussion.
16:31Impossible action to initiate an amendment and approve a resolution to amend Washoe County Code Chapter 110 within Article 408, common open space development.
16:42To require the findings that reference site specific characteristics only when those characteristics are present on the parcels in question.
16:49In order to ensure the uh design flexibility and associated public benefits inherent in uh to common open space developments is potentially available to all subdividable parcels.
17:00If the proposed amendments are initiated, the planning commission uh may recommend approval of the proposed ordinance as submitted, recommend approval with modifications uh based on input and discussion at the public hearing, or recommend denial.
17:13If approval is recommended, the planning commission is asked to authorize the chair to sign a resolution to that effect.
17:19And representing Washoe County in this matter is senior planner Eric Young.
17:26Uh good evening, Chair, Commissioners, Eric Young, Planning Staff.
17:30Uh, this is um development code amendment.
17:35Uh the second of the year 2600 two.
17:44So um what we're trying to do here is um clean up an amendment that we did just recently in April of 2025.
17:54You may remember brought a series of uh five findings added to this article, Article 408, common open space development.
18:02There were no findings at all prior to that, which um uh is unique to the actions that you normally take.
18:10They normally have to be done uh by uh review of some findings.
18:17And in April, uh staff brought to you an idea that um we should have five findings added to this article for your review uh when you approve common open space developments.
18:28That proposal um required that all five findings had to be met.
18:34This proposal would amend that uh code to require three of the five findings always be met, and the remaining two be met when the site conditions referenced in the finding exists.
18:47And what we're saying here is that two of the findings that we brought forward in April have very site-specific concepts associated with them, and those might not always exist on parcels that come forward.
19:00Um, and so by requiring all five, we were um uh inadvertently uh leaving out uh this opportunity for a lot of parcels.
19:14So the purpose of the common open space, just review this so we know what we're doing, uh, is to set forth regulations to permit the variation of lot size, including density transfer subdivisions in order to preserve or provide open space, protect natural and scenic resources, achieve a more efficient use of land, minimize road building, and encourage a sense of community.
19:41So these are the things that we are attempting to achieve.
19:46Um we are attempting to gain uh by providing this opportunity to developers to decrease their lot size, the required lot size in that zoning.
20:00There are restrictions.
20:00You can't just name anything open space, you can't designate anything.
20:05Common open space areas shall not include areas devoted to public or private streets, detention retention ponds.
20:12That's often something that the developer will attempt to do to designate a retention or detention pond as open space.
20:19That's not permitted, uh, drainage facilities or any land which has been or is going to be conveyed to the public for such things as parks and schools and other public facilities.
20:29That's another thing that sometimes is requested to be open space.
20:32Those things don't qualify.
20:41Provide preserve or provide open space.
20:45It preserves existing steep slopes.
20:48That's often what we find the ones that we come to you with are often a matter of slopes or other developmentally constrained areas, heavily treed areas from development.
21:00Um provides future uh uh residents with an option for open space.
21:07So that's that's that's the first thing that we're trying to achieve.
21:12Protect natural and scenic resources.
21:14Development identifies and protects natural and scenic resources, including but not limited to ridgelines, waterways, large diameter trees, and habitat for special status species.
21:26I think you can see that these are the two findings that we're talking about that have very site-specific conditions that may or may not apply to the parcel that comes forward.
21:38The other three achieve a more efficient use of land, minimize road building, and encourage a sense of community, you can see are not site specific.
21:47They're not parcel specific.
21:49And uh these could apply uh to uh theoretically any any particular parcel.
22:01So the findings for common open space, this is the this is the language that we added previously, and here in bold is the language that we would like to add um now in order to um um make those two findings applicable when they um can be applied.
22:21So we're asking to add the language, shall find A and C below, have A through C have been satisfied, and that findings D and E have been satisfied when they can reasonably apply to the parcels in question.
22:35We think this simple language uh cleans up the uh uh the language that we presented a year ago.
22:45So that is the presentation that I have.
22:48I would like to mention um uh before I stop for the evening that we did have a neighborhood meeting on this, it was fairly well attended.
22:56And um I want to mention that the language that we're bringing forward with was shaped by that neighborhood meeting.
23:05Our uh proposal going into that meeting was to simply say you have to do three out of five.
23:11Yeah, any three out of five.
23:13And uh several members of the public spoke up and suggested that well, that may give people an out when these when these conditions do apply, we want them to apply.
23:25And so we had that discussion, it was very valuable.
23:28Staff recognized the value in that and said, Yeah, that's what we're gonna do.
23:31So this language um reflects the public input of that neighborhood meeting that did uh uh uh help us bring forward better, a better result to you.
23:42So I want to wanted to make sure that we're we're letting you know that these neighborhood meetings um uh do often help us think through, and we do take that public input, and uh when it's possible to do it, we'll make adjustments to what we brought forward.
23:57And that was the case here, and we believe we have better language because that neighborhood input.
24:01So thank you, and I'm able to answer any questions, hopefully.
24:08Uh questions for staff.
24:11I just have one quick question.
24:13How are you guys going to implement this?
24:15So, for instance, large diameter trees, is there a definition of what a large diameter tree is?
24:23No, um, that language has always been there.
24:26Um, I don't know in particular how a planner would would um uh would address that.
24:33It's it's not a bad question.
24:35Uh Trevor may be able to talk to you a little bit more about how that would be reviewed during uh review of one of these applications.
24:42Yeah, and if thank you for that question, and and and through the chair, um commissioner, uh I do believe if you look in the uh Article 412 under landscaping, there is a provision about pre preservation of trees.
24:57And I think there is more detail into discussion in terms of what what that actually looks like.
25:02I don't have that in front of me, but if you'd like I can go in and look.
25:05And typically that's part of the review for any subdivision is uh what is on the site and can it be preserved specifically when it comes to the existing vegetation?
25:16So in an actual field visit is done by the planning folks.
25:20Oh, yeah, absolutely.
25:21Yeah, um, because just some of this is a little subjective, and so if you leave it to the developers to say, like, no, we don't have any large diameter trees, right?
25:31There's probably a 48-inch tree out there somewhere.
25:34Or, you know, there is that likelihood.
25:36So that was my main concern is how is this actually going to be implemented?
25:42And you know, because basically you're reducing the findings on many projects down to just three out of the five.
25:51So that was my main concern.
25:57Um pretty much along the same lines.
26:00Um dealing with um excessive grading.
26:05Does that does that mean anything over 30 percent?
26:12Um, or is there again criteria for for that?
26:17Yes, 15 to 30 percent is um has to be managed over 30 percent is generally not permitted.
26:26Um slopes above 15 percent are um are managed, so to speak, have conditions.
26:37So they would have to be in that category, yeah, doing the 15 okay.
26:40You know, is that basically uh one to two slope?
26:44I can't recall if it's I'm uh no, I'm not sure.
26:54What the what the okay can you please ask that question again?
27:01I'm not sure I understand this is when when grading are we going on a uh a two to one slope or a two to two slope?
27:12You know, one foot for every two hundred feed.
27:16We we do have standards in Article 438, those are the grading standards of the development code, and we will require, and again, every every property, every project is gonna have its own unique set of challenges, right?
27:29I think what we're asking for is this is the finding uh shown as finding D that preserves existing steep slopes to the extent possible, really.
27:40So it is going to be a you know, up to the discretion of this board, really if that finding can in fact be made.
27:50And again, staff will bring forward a staff report as we always do, and it will be up to this board to make that determination if in your qualified professional um expertise, whether or not that finding finding D can in fact be made.
28:12Any other questions for staff?
28:15Do we have any public comments on this item?
28:20I have no public comments in chambers.
28:22I have no public comment on Zoom.
28:29Or does anyone have a motion?
28:40Uh I move that after giving reason consideration to the information contained in the staff report and information received during the public hearing.
28:46The Washoe County Planning Commission recommend approval of WDC 826-0002 to amend Washoe County Chapter 110 development code within Article 408 and to update the sections within Article 408.
29:03I further move to authorize the chair to sign the resolution contained in attachment A on behalf of the Washa County Planning Commission and to direct staff to present a report of this commission's recommendation to Washoe County Board of County Commissioners within 60 days of today's date.
29:18This recommendation for approval is based on all of the following four findings in accordance with Washer County Code Section 110.818.15E, findings one through four.
29:31Commissioner Kennedy seconds the motion.
29:36Um, all those in favor?
29:43And that brings us to the end of our uh public hearings.
29:52Um does anyone on the board have future agenda items or requests from staff?
30:00Kind of following along the common open space development look at.
30:09And it's basically because of Sierra Reflections, this is what spurred my thought process on this.
30:29If I read the code correctly, they could utilize the entire um size of the lot to determine the density.
30:36And I think I think we would want to look at that a little bit closer, just because as we're moving into areas that are steeper, um, they're adjacent to more rural existing uses, but now we're coming in with the common open space, allowing those heavier densities.
30:57I think we might want to review that calculation a little bit to see if we're not going too far and allowing a lot, a heavier density as opposed to maybe somewhere in the middle.
31:26Because they are, you know, that development is adjacent to you know, half three quarter one acre lots.
31:33And so now we're squashing in this development.
31:37It's allowed, you know, but I think if we could start opening that discussion with staff and looking at, you know, maybe some different ideas on that, that's what I would ask.
31:57I think that's a great idea.
32:02Uh any other agenda items or requests from staff?
32:06I would on the same subject.
32:09Um, I have to interrupt.
32:12This was not an agendized matter.
32:13We can't be uh discussing it as a board.
32:16So we won't discuss if you have a specific request from staff.
32:22Um you know, we keep getting uh bombarded about the cost, a high cost of housing.
32:32And if I don't really know how to how to really solve that problem.
32:43If we take a developer has say, you know, a hundred acres, and half of that is unbuildable.
32:53And under this amendment to the to the code, he's able to go ahead and count that unbuildable acreage to come up with this final density of his project, meaning there's a you know, say 50 acres is gonna have all the units uh and he gets some economy out of that because there's uh sewer lines and electrical lines and all that other stuff.
33:29There's got a compacted area to have to put those things in.
33:35So if he can't count that, then the cost is gonna get even higher for those units.
33:46So I it it's uh I understand the area is low density in that particular case that you want to maintain that rural atmosphere.
34:00Uh but it uh you know how do you how do you get lower price housing?
34:08Is this a request for information from staff?
34:11Because it's starting to sound like a discussion of we we can't have a discussion and debate on an item that's not agendized.
34:20Um previous members requested information from staff on a topic.
34:25It sounds like you also have interest in that topic.
34:28So um when staff comes back to us with information or recommendations on it, then we'll have an agendized item to discuss.
34:39Okay, sound good in your lap.
34:46Um, do we have any reports on previous planning commissioner?
34:51On May the 12th, the uh the county commission adopted um the uh residential in commercial DCA.
35:00You may remember that.
35:02Uh and also on the May of the 12th had the first reading of the small unit density uh code amendments.
35:08Uh that uh small unit density is scheduled to be heard for second reading and possible adoption on June 16th.
35:17So on the May 26th county commission meeting, uh the county commission heard uh first reading of the housing density bonus DCA that just recently came before you all.
35:28And uh also uh I'm sorry, the second reading is scheduled for June 16th for that item.
35:34And then on May 26th, the uh the county commission adopted the MPARCA for the S S OI, the sphere of influence rollback.
35:44And that is all that I have.
35:45There's one other thing.
35:46Last month there was a request for a uh a memo from RTC.
35:51I have been working with RTC, I've had several back and forth conversations.
35:56Um I sh uh you will likely uh send that out to you all within the next week or so.
36:02And that's all I I have.
36:06Uh any updates from legal.
36:10Uh do we have any general public comment?
36:13No public comment in chambers, no public comment on Zoom.
36:17Thank you very much.