WASHOE COUNTY PLANNING COMMISSION Notice of Meeting and Agenda

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1 WASHOE COUNTY PLANNING COMMISSION Notice of Meeting and Agenda Planning Commission Members Tuesday, May 7, 2013 Neal Cobb, Chair 6:30 p.m. Roger Edwards, Vice Chair Dian A. VanderWell Roy H. Hibdon D.J. Whittemore James Barnes Washoe County Commission Chambers Jonathan C. Reynolds 1001 East Ninth Street Carl R. Webb, Jr., AICP, Secretary Reno, NV PUBLIC HEARING ITEMS SCHEDULED ON THIS AGENDA Development Code Amendment Case No. DCA (Articles 226 and 302, Equestrian Uses in the Warm Springs Planning Area) Items for Possible Action. All numbered or lettered items on this agenda are hereby designated for possible action as if the words for possible action were written next to each item (NRS ), except for items marked with an asterisk (*). Those items marked with an asterisk (*) may be discussed but action will not be taken on them. Possible Changes to Agenda Order and Timing. Discussion may be delayed on any item on this agenda, and items on this agenda may be taken out of order, combined with other items and discussed or voted on as a block, removed from the agenda, moved to the agenda of another later meeting, moved to or from the consent section. Items designated for a specified time will not be heard before that time, but may be delayed beyond the specified time. Public Comment. During the Public Comment periods listed below, anyone may speak pertaining to any matter either on or off the agenda, to include items to be heard on consent. Additionally, during action items (those not marked with an asterisk (*)), public comment will be heard on that particular item before action is taken. In either event, each speaker must fill out a Request to Speak form and/or submit comments for the record to the recording secretary. Public comment and presentation times are limited as follows: 15 minutes each for staff and applicant presentations, 5 minutes for speakers representing a group, and 3 minutes for individual speakers unless extended by questions or action of the Commission. Comments are to be directed to the Commission as a whole and not to one individual. Forum Restrictions and Orderly Conduct of Business. The Planning Commission conducts the business of Washoe County and its citizens during its meetings. The Chair may order the removal of any person whose statement or other conduct disrupts the orderly, efficient or safe conduct of the meeting. Warnings against disruptive comments or behavior may or may not be given prior to removal. The viewpoint of a speaker will not be restricted, but reasonable restrictions may be imposed upon the time, place and manner of speech. Irrelevant and unduly repetitious statements and personal attacks which antagonize or incite are examples of speech that may be reasonable limited. Posting of Agenda; Website Location for Agenda and Supporting Information. In accordance with NRS , this agenda has been posted at: (i) Washoe County Administration Building (1001 E. 9th Street); (ii) Washoe County Courthouse (Court and Virginia Streets); (iii) Washoe County Library (301 South Center Street); and (iv) Sparks Justice Court (1675 East Prater Way, Suite 107). Agendas and staff reports may be accessed on the Washoe County website at Special Accommodations. The facilities in which this meeting is being held are accessible to the disabled. Persons with disabilities who require special accommodations or assistance (e.g. sign language interpreters or assisted listening devices) at the meeting should notify the Washoe County Department of Community Development, at , two working days prior to the meeting. Washoe County Community Development Department Post Office Box 11130, Reno, NV E. Ninth St., Reno, NV Telephone: Fax:

2 Appeal Procedure. Most decisions rendered by the Planning Commission are appealable to the Board of County Commissioners. If you disagree with the decision of the Planning Commission and you want to appeal its action, call the Planning staff immediately at You will be informed of the appeal procedure, application fee, and the time in which you must act. Appeal periods vary from seven (7) to fifteen (15) days, depending on the type of application. ~~~~~~~~ 6:30 p.m. 1. *Determination of Quorum 2. *Pledge of Allegiance 3. *Ethics Law Announcement 4. *Appeal Procedure 5. *Public Comment Any person is invited to speak on any item on or off the agenda during this period. Action may not be taken on any matter raised during this public comment period until the matter is specifically listed on an agenda as an action item. 6. Approval of Agenda 7. Approval of Draft Minutes April 2, :30 p.m. 8. Planning Items and Public Hearings On the following items, the Planning Commission may take action to approve, modify and approve, or deny the request. The item may be forwarded to the Board of County Commissioners with a recommendation for additional action. The Planning Commission may also take action to continue the item to a future agenda. A. PUBLIC HEARING: Development Code Amendment Case No. DCA (Articles 226 and 302, Equestrian Uses in the Warm Springs Planning Area) - Hold a public hearing to discuss and possibly take action to send a report to the Washoe County Board of County Commissioners on the proposed Board modification to the threshold number of horses which would require a special use permit review of commercial stables in the Warm Springs planning area. At its regular meeting of March 26, 2013, the Washoe County Board of County Commissioners held the introduction and first reading of an ordinance amending the Washoe County Code at Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses of allowing up to 20 horses prior to requiring a special use permit for Commercial Stables. At the meeting, the Board modified the Planning Commission s recommendation in regard to the proposed threshold number of horses requiring special use permit review for commercial stables in the Warm Springs planning area. The Planning Commission recommended that the boarding of more than 20 horses require special use permit review. The modification proposed by the Board would May 7, 2013 Washoe County Planning Commission Meeting Agenda Page 2 of 3

3 change the threshold number from twenty (20) horses proposed by the Planning Commission to three (3) horses per acre proposed by the Board. Staff: Sandra Monsalvè, AICP, Senior Planner Phone: Chair and Commission Items A. Open discussion/workshop to address long-range policy items such as Area Plan updates and other procedural matters. B. *Report on previous Planning Commission items. C. Future agenda items and staff reports. 10. *Director s Items A. *Legal information and updates. 11. *Public Comment Any person is invited to speak on any item on or off the agenda during this period. Action may not be taken on any matter raised during this public comment period until the matter is specifically listed on an agenda as an action item. 12. Adjournment May 7, 2013 Washoe County Planning Commission Meeting Agenda Page 3 of 3

4 WASHOE COUNTY PLANNING COMMISSION Meeting Minutes Planning Commission Members Tuesday, April 2, 2013 Neal Cobb, Chair 6:30 p.m. Roger Edwards, Vice Chair James Barnes Roy H. Hibdon Jonathan C. Reynolds Dian A. VanderWell Washoe County Commission Chambers D.J. Whittemore 1001 East Ninth Street Carl R. Webb, Jr., AICP, Secretary Reno, NV The Washoe County Planning Commission met in regular session on Tuesday, April 2, 2013, in the Washoe County Commission Chambers, 1001 East Ninth Street, Reno, Nevada. 1. Determination of Quorum Chair Cobb called the meeting to order at 6:31 p.m. The following Commissioners and staff were present: Commissioners present: Neal Cobb, Chair Roger M. Edwards, Vice Chair James Barnes Roy H. Hibdon Jonathan C. Reynolds Dian A. VanderWell D.J. Whittemore Commissioners absent: None Staff present: Carl R. Webb, Jr., AICP, Planning Manager, Planning & Development Eva Krause, AICP, Planner, Planning & Development Greg Salter, Esq., Deputy District Attorney Sara DeLozier, Recording Secretary, Planning & Development 2. Pledge of Allegiance Commissioner Barnes led the pledge to the flag. 3. Ethics Law Announcement Deputy District Attorney Salter provided the ethics procedure for disclosures. 4. Appeal Procedure Mr. Webb recited the appeal procedure for items heard before the Planning Commission. 5. Public Comment As there was no one wishing to speak, Chair Cobb closed the public comment period. Post Office Box 11130, Reno, NV E. Ninth St., Reno, NV Telephone: Fax:

5 6. Approval of Agenda In accordance with the Open Meeting Law, Commissioner Whittemore moved to approve the agenda for the April 2, 2013 meeting as written. Commissioner Edwards seconded the motion, which carried unanimously. 7. Approval of Minutes of the August 21, 2012 Meeting Commissioner VanderWell moved to approve the minutes for the August 21, 2012 Planning Commission meeting as written. Commissioner Edwards seconded the motion which carried unanimously. Approval of Minutes of the March 5, 2013 Meeting Commissioner Edwards moved to approve the minutes for the March 5, 2013 Planning Commission meeting as written. Commissioner Reynolds seconded the motion which carried with six in favor, zero opposed; Commissioner VanderWell abstaining having not been in attendance at the March meeting. 8. Planning Items and Public Hearings 8A. Washoe County 2012 Regional Plan Annual Report Review, discuss, provide comment and approve the Washoe County 2012 Regional Plan Annual Report and direct staff to forward the report to the Regional Planning Commission and Regional Planning Governing Board pursuant to NRS Commissioner Whittemore moved to approve the 2012 Regional Plan Annual Report and authorize staff to forward the Report to the Regional Planning Commission and Governing Board on behalf of the Planning Commission. Commissioner VanderWell seconded the motion which carried unanimously. 8B. Tahoe Area Plan Update Update on, discussion of, and possible direction to staff regarding the Tahoe Area Plan update process. Eva Krause provided a brief update on the Tahoe Area Plan update including the process, public input, timeline, impacts of SB 271 (2011), the appeal of the Tahoe Regional Plan, and the next steps. Commissioner Edwards inquired as to which items TRPA would maintain review and approval of. Ms. Krause indicated they would focus matters more regional in scope such as scenic corridors; development review delineation would be based on type, location and size of project. 9. Chair and Commission Items 9A. *Future Agenda Item Requests Commissioner VanderWell requested an item be scheduled to allow for Planning Commission discussion of Area Plan Updates and asked if staff would provide an overview of Amendment 21. Commissioner Edwards asked for updated paper copies of the Area Plans. 10. *Director s Items The appeal of Master Plan Amendment Case Number MPA (Village at the Peak) would be scheduled before the County Commission after a determination from the Ethics Commission had been received concerning County Commissioner Hartung. The first reading of Development Code Amendments relating to Warm Springs had been heard by the County Commission March 23, 2013, at which time changes were requested. Those changes would be scheduled for Planning Commission review in either May or June. Mr. Webb provided each of the Commissioners with a copy of the Planning Commissioners Guide and suggested scheduling a related workshop and open discussion on April 2, 2013 Washoe County Planning Commission Meeting Minutes Page 2 of 3

6 the May agenda. He suggested that might also be an appropriate time to discuss long-range policy procedures such as the Area Plan update process. 10A. *Legal Information and Updates None 11. *Public Comment With no response to the call for public comment, Chair Cobb closed the public comment period. 12. Adjournment With no further business scheduled before the Planning Commission, the meeting adjourned at 6:56 p.m. Respectfully submitted, Sara DeLozier, Recording Secretary Approved by Commission in session on, Carl R. Webb, Jr., AICP Secretary to the Planning Commission April 2, 2013 Washoe County Planning Commission Meeting Minutes Page 3 of 3

7 Planning Commission Staff Report Meeting Date: May 7, 2013 Subject: Applicant: Agenda Item No. Summary: Recommendation: Prepared by: Report to County Commission on Development Code Amendment Case Number DCA Washoe County Planning and Development Division, Community Services Department 8A Hold a public hearing to discuss and possibly take action to send a report to the Washoe County Board of County Commissioners on the proposed Board modification (increase) to the threshold number of horses which would require a special use permit review of commercial stables in the Warm Springs planning area Recommend the Planning Commission take action to send a report to the Washoe County Board of County Commissioners Sandra Monsalvè, AICP, Senior Planner Washoe County Community Services Department Planning and Development Division Phone: smonsalve@washoecounty.us Description Development Code Amendment Case No. DCA (Articles 226 and 302, Equestrian Uses in the Warm Springs Planning Area) - Hold a public hearing to discuss and possibly take action to send a report to the Washoe County Board of County Commissioners on the proposed Board modification (increase) to the threshold number of horses which would require a special use permit review of commercial stables in the Warm Springs planning area. At its regular meeting of March 26, 2013, the Washoe County Board of County Commissioners held the introduction and first reading of an ordinance amending the Washoe County Code at Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses of allowing up to 20 horses prior to requiring a special use permit for Commercial Stables. Post Office Box 11130, Reno, NV E. Ninth St., Reno, NV Telephone: Fax:

8 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 At the meeting, the Board modified the Planning Commission s recommendation in regard to the proposed threshold number of horses requiring special use permit review for commercial stables in the Warm Springs planning area. The Planning Commission recommended that the boarding of more than 20 horses required special use permit review. The modification proposed by the Board would change the threshold number from twenty (20) horses proposed by the Planning Commission to three (3) horses per acre proposed by the Board. PREVIOUS ACTIONS At its meeting of March 26, 2013, the Washoe County Board of County Commissioners (Board) heard the first reading and introduction of an ordinance amending Articles 226 and 302 of the Washoe County Development Code, specific to the Warm Springs planning area. The proposed amendment is to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these use types. The regulations proposed allowing up to 20 horses prior to requiring a special use permit for Commercial Stables. The regulations also proposed requiring a special use permit for any Equestrian facility use type. At its meeting of January 7, 2013, the Washoe County Planning Commission (PC) held a public hearing to consider the Development Code Amendment, in its entirety. Staff presented a description of the amendments subject matter, and described how the amendment s goals were developed. Subsequently, the PC held a public hearing to receive public comment. At the conclusion of the public hearing, the PC voted unanimously (six member, with one PC member seat vacant) to recommend approval of the proposed amendments to Articles 226, Warm Springs Area, and 302, Allowed Uses, within Washoe County Code (WCC) Chapter 110 (Development Code). Board Recommendation: The Board has proposed modifying the Planning Commission s recommendation pertaining to the number of horses that would require a special use permit for a commercial stables use type. Specifically, the modification proposed by the Board would change the threshold number from twenty (20) horses proposed by the Planning Commission to three (3) horses per acre proposed by the Board. The implication of this proposed modification is that a person who has more than three (3) horses per acre on a property being utilized for horse boarding or commercial stable use types would require a special use permit application, review and approval at a public hearing. Report to County Commission on Development Code Amendment Case No. DCA Page 2 of 12

9 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 Specifics to the Board of County Commissioners Modification: Confirmed that the Development Code amendment is specific only to the Warm Springs Planning Area Affects parcels 35 acres or larger; zoned General Rural (GR) or General Rural Agricultural (GRA) Horse Boarding or Commercial Stable use types Allowed without a Special Use Permit: o Up to 3 horses per acre on minimum of 35 acres = 3 x 35 = 105 horses Horse Boarding or Commercial Stable use types requiring a Special Use Permit: o More than 3 horses per acre on minimum of 35 acres = 4 x 35 = 140 horses All equestrian facility use types require a Special Use Permit: Planning Commission Action: The Planning Commission is requested to discuss and take action to send a report to the Washoe County Board of County Commissioners on the Board s proposed modifications to the threshold number of horses. The report back to the BCC is pursuant to WCC section (3): Section : (3) If the Board of County Commissioners proposes to modify the recommendation of approval from the Planning Commission, the proposed modification shall be referred to the Planning Commission for consideration. The Planning Commission shall not be required to hold a public hearing on the modification. The Planning Commission shall submit a report on the proposed modification to the Board of County Commissioners within ninety (90) days (06/24/13) from the date of referral by the Board of County Commissioners (03/26/13). Failure to report shall be deemed a recommendation of approval. Prior to making a final decision, the Board of County Commissioners shall be required to conduct a public hearing and notice this hearing pursuant to this article. If the Planning Commission does not recommend approval, approval of the proposed modification shall require a two-thirds (2/3) vote of the total membership of the Board. Special Use Permit review vs. business license review: The County Commission discussion at their meeting included the idea of a business license replacing the issuance of a special use permit. It should be noted the business license process is not a replacement for the public review notification, analysis, and review of a special use permit. The business license ordinance limits the review parameters for any agency to any federal, state or County regulations governing the operation of a business at a specific location. Consequently, any potentially imposed conditions are limited to business activity regulations. Therefore, the business license process is not, and cannot be, a substitution for the review and conditioning of a special use permit which typically reviews the impacts of a land use on a Report to County Commission on Development Code Amendment Case No. DCA Page 3 of 12

10 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 property and surrounding properties, and provides conditions to mitigate any potential impacts. A business license specifically regulates business activities on a property, not the land use activities on a property. With the differences outlined above, the Planning Commission may want to consider the threshold numbers as previously approved by the PC, and subsequently modified by the Board. The potential impacts of up to 20 horses on a 35 acre property versus up to 105 horses on the same sized property before special permit review is required should be carefully examined. The proposed modification to the approval of the Planning Commission is a difference of 85 additional horses on a 35 acre property for horse boarding/commercial stables activities without necessitating a special use permit, only the issuance of a business license. Review of Findings Staff would suggest the Planning Commission review the previously approved Findings, to be certain the findings can continue to be substantiated with the proposed modifications by the Board of County Commissioners. The following are the findings the Planning Commission utilized in their vote of unanimous approval at the meeting of January 7, 2013: 1. The proposed Development Code amendment is in substantial compliance with the policies and action programs of the Washoe County Master Plan. 2. The proposed Development Code amendment will not adversely impact the public health, safety or welfare, and will promote the original purposes for the Development Code as expressed in Article 918, Adoption of Development Code. 3. The proposed Development Code amendments respond to changed conditions or further studies that have occurred since the Development Code was adopted by the Board of County Commissioners and the requested amendment allow for a more desirable utilization of land within the Regulatory Zones. 4. The proposed Development Code amendment will not adversely affect the implementation of the policies and action programs of the Conservation Element or the Population Element of the Washoe County Master Plan. The Planning Commission should review these findings to be sure the proposed modification by the Board maintains and supports the findings as listed. Additionally the Commission may wish to provide any other recommendations pertinent to the potential impact of the modifications, either positive or adverse, upon the Warm Springs planning area. Recommendation Staff recommends that the Planning Commission take action to send a report to the Washoe County Board of County Commissioners on the proposed Board modification to the threshold number of horses which would require a special use permit review of commercial stables in the Warm Springs planning area. The following motion is provided for your consideration: Report to County Commission on Development Code Amendment Case No. DCA Page 4 of 12

11 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 Motion I move that, after giving reasoned consideration to the information contained in the staff report and information received during the public hearing, the Washoe County Planning Commission provide a report to the Washoe County Board of County Commissioners containing the following: (insert appropriate comments/information). Attachment: Extract from County Commission Minutes of March 26, 2013 Report to County Commission on Development Code Amendment Case No. DCA Page 5 of 12

12 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 Extract from County Commission Minutes of March 26, 2013 BOARD OF COUNTY COMMISSIONERS WASHOE COUNTY, NEVADA TUESDAY 10:00 A.M. MARCH 26, 2013 PRESENT: David Humke, Chairman Bonnie Weber, Vice Chairperson Marsha Berkbigler, Commissioner Vaughn Hartung, Commissioner Kitty Jung, Commissioner Nancy Parent, Chief Deputy Clerk Katy Simon, County Manager Paul Lipparelli, Legal Counsel The Washoe County Board of Commissioners convened at 10:07 a.m. in regular session in the Commission Chambers of the Washoe County Administration Complex, 1001 East Ninth Street, Reno, Nevada. Following the Pledge of Allegiance to the flag of our Country, the Clerk called the roll and the Board conducted the following business: AGENDA ITEM 22 COMMUNITY SERVICES Agenda Subject: Development Code Amendment Case Number DCA (Articles 226 and 302, Equestrian Uses in the Warm Springs Planning Area) Introduction and first reading of an Ordinance amending the Washoe County Code at Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses. Further to amend Article 302, Allowed Uses, to modify the Table of Uses for Commercial Use Types to reference Article 226 for commercial stables use types within the Warm Springs planning area, and, providing for other matters properly relating thereto as recommended for adoption by the Washoe County Planning Commission; and, if supported, schedule a public hearing for Report to County Commission on Development Code Amendment Case No. DCA Page 6 of 12

13 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 second reading to provide for affirmation of the findings of the Planning Commission and possible adoption of the Ordinance. (Bill No. 1685). (Commission District 5.) Continued from February 12, 2013 Commission meeting. The Chairman opened the public hearing by calling on anyone wishing to speak for or against Development Code Amendment Case Number DCA :04 p.m. Commissioner Hartung returned. Bill Whitney, Planning and Development Division Director, explained that this Development Code amendment was applicable only in the Warm Springs Planning Area and was recommended to loosen the regulations for the commercial boarding of horses. Sandra Monsalvè, Sr. Planner conducted a PowerPoint presentation, which was placed on file with the Clerk. The presentation highlighted the location and zoning of the amendment, topic of the amendment, the existing Development Code, definitions, community input, and the proposed amended Table 302. She said this was proposed only for General Rural (GR) and General Rural Agricultural (GRA) zoned properties, 35-acres or larger in the Warm Springs Area Plan. Per a request from Commissioner Weber, Ms. Monsalvè said there were approximately 50 business licenses currently issued in Warm Springs and of those 50, six were for horse boarding and commercial stables and one was for Ferrier services. Commissioner Berkbigler asked how staff knew which facilities were used for personal horse boarding and which ones were used for commercial boarding. Ms. Monsalvè replied a commercial business needed a business license and, if they did not have one, Code Enforcement Officers who were informed on a call-in basis, discovered how certain activities were occurring on properties. Commissioner Berkbigler asked how many horses, dogs, or cats could a property owner have in Washoe County. Ms. Monsalvè replied that issue was covered under Article 330, Domestic Pets and Livestock, and was not part of this ordinance. Currently, if a person had 35,000 square feet, the Code allowed them to have as many animals for their own personal enjoyment as long as it pertained to the Health Department regulations. Commissioner Berkbigler was concerned since this rule change was only for the Warm Springs Equestrian Area because there were other Equestrian Areas. She said it became a concern when there were different rules for different areas in other parts of the County. Commissioner Weber felt this was a property rights issue and as stated in the Area Plan, the property owners of Palomino Valley were good stewards of the land by keeping the agricultural and ranching heritage and by maintaining the rural quality of the wide open spaces, dark skies and unique beauty. The vision included the property owners engaging in activities such as agricultural, livestock and poultry raising, 4-H projects equestrian activities, home-businesses and other endeavors. As a property right, she said those citizens bought their Report to County Commission on Development Code Amendment Case No. DCA Page 7 of 12

14 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 property for those projects and were allowed to have as many horses to board and should not be concerned with individuals who wanted to board horses as a business. Ms. Monsalvè stated when citizens bought property under the current Code it stated if a person boarded or raised three or more horses it would require a Special Use Permit (SUP) County-wide. There was a regulation in place and this amendment would lessen that regulation. She said there was a standard business license form and application fee, which was renewed annually. Commissioner Weber questioned if there was a business license process a person had to submit to the Health Department. Under a SUP, Ms. Monsalvè replied the reviewing agencies had the ability to place conditions for potential negative impacts. She said staff would take Board direction on how to approach the issue, but felt it was not enough to review the impacts from a large operation. There were some residents who thought the three horse limit should remain and then others that felt an unlimited number or 50 horses should be implemented. She explained that staff compromised and indicated 20 horses would be a proposed starting point. Paul Lipparelli, Legal Counsel, said the powers the Board used to regulate business licenses and the use of land derived from the police powers given to local governments. Constitutionally, they shared some of the same heritage, but it was a different application of the powers when speaking about the land use realm and regulating what could be done on property. He said the business license process could also include some of the analyses, but typically involved licensed commercial activities not necessarily tied to a specific parcel of land. The District Attorney s (DA s) Office was comfortable with the proposed scheme in this item as a land-use regulation and did not believe it was reviewed as a business license perspective. If the Board was interested in a business license approach to this issue, he suggested giving that direction to staff and have them analyze the potential legal impacts, departmental and resource impacts for that approach. Commissioner Weber concurred. She felt more regulations were not needed and having a business license and not a SUP was the appropriate way to move forward. The number of 20 horses was noted as being a compromise, but that could have been any number and felt it was picked randomly. She reiterated that she felt this was a property rights issue and that a business license would be appropriate. Commissioner Berkbigler requested staff also research whether there were regulations currently in place to assure action if a person was abusing the business license. She had concerns about this only being done in one area of the County because there were also other areas in the County these could be applied. Report to County Commission on Development Code Amendment Case No. DCA Page 8 of 12

15 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 Commissioner Weber asked if the Warm Springs area was the only area with GRA. Ms. Monsalvè stated that was correct, but this would also apply to GR, which was located in other parts of the County. 7:04 p.m. Commissioner Hartung returned to the meeting. Mr. Whitney explained the relaxed regulations being proposed were in Development Code Article 226, which applied to Warm Springs. He said in that portion each area plan had their own section and had been codified in the Development Code as individual area plan only specifications. Commissioner Hartung cautioned that concerns could arise that there was a commercial operation utilizing a system of roads paid for by the citizenry. When there was a General Improvement District (GID), those citizens in the GID paid into that and, if there was one person using more of that resource, there would be an inequity. He was unclear how that would be dealt with through the business license process. Mr. Whitney said it would be turned into a SUP. Chairman Humke asked if a Commissioner was interested in introducing the Ordinance or should direction be provided to staff to return with additional information. If the bill was not introduced, Commissioner Weber said the limit remained at three horses for boarding, and noted she did not want that to occur. Mr. Lipparelli explained that the existing regulatory scheme required a Countywide SUP for more than three horses. This proposal was an attempt to justify having a different land-use regulatory scheme applied in Warm Springs with their unique geographical and historical characteristics. If the Board chose not to act, the existing regulatory scheme would apply. Greg Salter, Deputy District Attorney, indicated that the Board may choose to send this back to the Planning Commission with instructions to revisit the three horses SUP rule and then return to the Board with another proposal. Commissioner Weber felt the Board could find a way to allow the citizens the ability to manage their property with a business license and the proper regulations. If directed, Mr. Salter replied that staff could initiate an ordinance to repeal the three horses SUP rule and a different number for the threshold for SUP permits and/or restrictions could be accomplished. Mr. Whitney said the Planning Commission approved and recommended the proposed ordinance allowing 20 horses. If the Board chose to send this back to the Planning Commission with a higher number, staff would need to give the Planning Commission a number to focus on. Commissioner Weber reiterated that she did not want this to return to the Planning Commission because she believed that this was a property rights issue. Report to County Commission on Development Code Amendment Case No. DCA Page 9 of 12

16 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 In response to the call for public comment, Joannah Schumacher urged the Board to be open-minded and listen to the citizens who came to attain the Board s assistance. Charles Lieman stated that Palomino Valley had approximately 1,200 parcels with the vast majority being over 40 acres. He said a few parcels were divided in 1988 and, at that time, were in the 75-acre range. When divided, the sellers were informed those parcels would be treated as 40-acre parcels; therefore, this projected Code change should not apply to anyone in Palomino Valley. Jeanne Herman suggested allowing three horses per acre. Katherine Snedigar distributed a written statement that was placed on file with the Clerk. She said the County was under Dillon s Rule which stated, municipal corporations owe their origin to, and derive their powers and rights wholly from the Legislature. Mr. Salter explained that the Board could let the bill die without sending it back to the Planning Commission. It would be required to send back to the Planning Commission if there was something requested to be enacted different than what the Planning Commission had already approved. Commissioner Weber said the previous ruling would remain in effect. Mr. Salter stated that was correct. If the Board wanted that to be changed, he said the Planning Commission would need to be asked to initiate a change to the Code. He said the Board of County Commissioners also had the authority to initiate their own ordinance changes and, if the Board preferred to initiate a change, it could be placed on a future agenda. Commissioner Weber requested that to occur. Commissioner Weber asked if the DA s Office could draft an ordinance to repeal the number of livestock in the GRA. Mr. Lipparelli explained the current language in the Development Code, , Commercial Use Types defined stables as, Commercial stables refers to the boarding or raising of three or more horses, excludes horses that are used primarily for agricultural operations, which are classified under animal production, typical uses include commercial stables and riding instruction facilities. He said that definition applied County-wide and, along with the existing uses, were either allowed by right, allowed conditionally, as accessory uses or specialty permitted uses. He said the land-use scheme was already in place, but the definition just read applied throughout the Code. This proposal would place a different rule on a specific area of the County. He suggested the Board s own Code process contemplated that County Commissioners and department heads could put forward a request to amend Codes. He explained that this item allowed the Board to act on this specific proposal, but if a more general proposal with more general applications was suggested it would be appropriate to bring that back as an item to direct a threshold decision. Report to County Commission on Development Code Amendment Case No. DCA Page 10 of 12

17 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 Commissioner Hartung asked if the Board could amend the Code to be Countywide. Mr. Lipparelli said that depended on the direction. Commissioner Hartung said the specific reference was County-wide Code and applied to every place in the County. Mr. Lipparelli said it was the definition of commercial stables, which applied throughout the County. Commissioner Berkbigler asked if the Board changed the GRA designations could they also repeal that language entirely for GRA in a community such as Warm Springs. Mr. Lipparelli replied that was correct. Commissioner Weber asked if the Board could make the amendment or ask that the GRA portion have no restrictions. Mr. Lipparelli explained that every part of the County was subject to an area plan and had unique tables of uses, building, zoning and land-use specifications that applied to that area plan. He said this item gave notice that the Board would consider an amendment to Article 226, the Warm Springs section of the Code, where the Board would be contemplating setting a standard for specific uses, but anything the Board directed in that regard was covered by this item. If the Board considered a more general change to the law that applied in other area plans throughout the County or in specific zoning classifications that was not contemplated by this item and could not be accomplished by an amendment. Commissioner Berkbigler suggested sending this back to staff to review amending the area plan for the Warm Springs GRA and return with a proposal that essentially repealed the three horses per commercial stables in Warm Springs. Commissioner Berkbigler moved to repeal the three horses per commercial stables in the Warm Springs area. Commissioner Weber seconded the motion. When staff revisited this item, Commissioner Hartung asked if it had to be sent back to the Planning Commission for their approval. Mr. Lipparelli stated if the Master Plan was being changed then the statute mandated that the Planning Commission consider the proposal, hold a public hearing, make recommendations, adopt a resolution and forward that to the Board. However, Code amendments did not have to be sent back to the Planning Commission, but the challenge in the contemplated motion of sending it back to staff for their input was that staff did not know the Board s intent. Commissioner Berkbigler commented that she was not proposing this for the entire County. She reiterated her proposal and requested staff craft a regulation for the purposes of Warm Springs and the GRA that amends their Code to say there was no limit on the number of horses. Ms. Monsalvè believed with that type of direction the proposal would need to return to the Planning Commission since they unanimously supported 20 horses and the three definitions. Report to County Commission on Development Code Amendment Case No. DCA Page 11 of 12

18 Washoe County Planning Commission Staff Report Staff Report Date: April 24, 2013 Chairman Humke said this concerned commercial use of the land and was a land-use regulation. He suggested setting a limit that was reasonable such as 100 horses or two to three horses per acre. Commissioner Weber agreed; however, it still picked a random number and suggested three horses per acre. Commissioner Berkbigler withdrew her motion. Commissioner Weber moved to change the number of 20 horses to three horses per acre for the Warm Springs Planning Area for the GR and GRA zoning designations on parcels over 35 acres and for commercial activity only. Commissioner Hartung seconded the motion. Mr. Lipparelli asked if this was being done as a change to the first reading contemplating the next action for a second reading or did the Board want to return with the changes. Commissioner Weber suggested moving to the second reading with the changes incorporated. Mr. Lipparelli confirmed that notice was given through the first reading title to what the Board was planning within the Warm Springs Planning Area, which was to add a definition specific to the certain use types in that area. After the first reading, he said the introduction could be made with the changes made in the motion. Nancy Parent, Chief Deputy Clerk, read the title for Bill No Bill No. 1685, entitled, "AN ORDINANCE AMENDING THE WASHOE COUNTY CODE AT CHAPTER 110, DEVELOPMENT CODE, ARTICLE 226, WARM SPRINGS AREA TO ADD A NEW SECTION IN ORDER TO REGULATE EQUESTRIAN USES, SUCH AS BOARDING STABLES, COMMERCIAL STABLES AND EQUESTRIAN FACILITIES, ON ALL LEGALLY ESTABLISHED PARCELS GREATER THAN 35 ACRES IN AREA AND ZONED GENERAL RURAL (GR) OR GENERAL RURAL AGRICULTURAL (GRA) IN THE WARM SPRINGS PLANNING AREA, AND TO ADD DEFINITIONS SPECIFIC TO THESE TYPES OF USES. FURTHER TO AMEND ARTICLE 302, ALLOWED USES, TO MODIFY THE TABLE OF USES FOR COMMERCIAL USE TYPES TO REFERENCE ARTICLE 226 FOR COMMERCIAL STABLES USE TYPES WITHIN THE WARM SPRINGS PLANNING AREA, AND, PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO AS RECOMMENDED FOR ADOPTION BY THE WASHOE COUNTY PLANNING COMMISSION," was introduced by Commissioner Weber. It was ordered that the number of horses be changed from 20 horses to three horses per acre for the Warm Springs Planning Area for the General Rural Agricultural (GRA) and General Rural (GR) designations, and also for rural parcels over 35-acres and commercial activity. It was noted that the date for the second reading and adoption would be determined. Report to County Commission on Development Code Amendment Case No. DCA Page 12 of 12

19 WASHOE COUNTY Dedicated To Excellence in Public Service CM/ACM Finance N/A STAFF REPORT DA BOARD MEETING DATE: February 12, 2013 Risk Mgt. N/A HR N/A CSD Director DATE: January 18, 2013 TO: Board of County Commissioners FROM: Sandra Monsalvè, AICP, Senior Planner Planning and Development Division, Community Services Department , THROUGH: Bill Whitney, Planning and Development Division Director Community Services Department SUBJECT: Development Code Amendment Case Number DCA (Articles 226 and 302, Equestrian Uses in the Warm Springs Planning Area) Introduction and first reading of an ordinance amending the Washoe County Code at Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses. Further to amend Article 302, Allowed Uses, to modify the Table of Uses for Commercial Use Types to reference Article 226 for commercial stables use types within the Warm Springs planning area, and, providing for other matters properly relating thereto as recommended for adoption by the Washoe County Planning Commission. And, if supported, Schedule a public hearing for second reading to provide for affirmation of the findings of the Planning Commission and possible adoption of the Ordinance for 6:00 p.m. on February 26, (Commission District 5.) SUMMARY The Washoe County Commission will introduce and hold the first reading of an ordinance adopting Development Code Amendment Case Number DCA The code amendment is in response to direction from the Washoe County Planning Commission to create new County Code language for equestrian uses within the Warm Springs planning area. Department Strategic Objective supported by this item: Provide Excellent Service to Customers. AGENDA ITEM #

20 Washoe County Commission Meetings of February 12 and February 26, 2013 Page 2 of 3 BACKGROUND On October 5, 2011, the Planning Commission (PC) recommended approval of the update to the Warm Springs Area Plan, a part of the Washoe County Master Plan. During the public hearing, discussions and questions about horse boarding and commercial stables were mentioned by members of the public. Because those land uses are regulated through the Development Code, they were not included with the Area Plan Update. As a result, the PC requested that staff work with the community members of Warm Springs in order to review current code requirements, and potentially craft language related to equestrian uses within the Warm Springs planning areas. In December 2011, at the request of Commissioner Weber, staff sent out a questionnaire/survey (non-scientific) on the topic of horse boarding and commercial stables/equestrian facilities to the property owners of the Warm Springs planning area. In addition there were four (4) community meetings held in Warm Springs. The results of the questionnaire were not as conclusive as staff was anticipating; however, many who responded expressed an unlimited number of horses should be allowed, as well as other responses to leave the Code language as it is now. There were also concerns voiced in regard to humane animal treatment; manure disposal, traffic, water, noise and dust. In an effort to present a variety of information, staff did conduct research on how other jurisdictions handle similar issues in order to better define horse boarding, commercial stables, and equestrian facilities, in addition to determining the threshold number of horses in regard to special use permit requirements. Staff learned that the number of horses which constitute a commercial boarding (public or private) facility versus a private boarding facility varies from jurisdiction to jurisdiction. There also appears to be no empirical data suggesting that a specific number of horses are the right number when it comes to separating private boarding stables from commercial stables. Rather the key factor guiding decisions by various jurisdictions seemed to be how the horse use impacted the land and whether or not it is the primary use or an accessory use on a property. Additional details are included in the attached PC staff report, which includes an attachment describing the survey results. Based on information from the many community and staff meetings on this subject, together with data gained from the survey and staff s research, staff developed the proposed Development Code amendments to address horse boarding, commercial stables, and equestrian facilities in the Warm Springs planning area. The proposed amendments will apply to non-private, commercial equestrian related uses in the planning area. There are no proposed changes to the existing regulations on private, non-commercial equestrian uses or agricultural equestrian uses. Pursuant to Article 818 (Amendment of the Development Code) of the Washoe County Development Code, Section (a) authorizes either the Board of County Commissioners or the Planning Commission to initiate an amendment to the Development Code through resolution. Because of the Planning Commission s charge to review matters pertaining to land uses and associated codes, staff requested that the Planning Commission initiate this amendment. On December 4, 2012, the Washoe County Planning Commission adopted a resolution to initiate this Development Code Amendment request.

21 Washoe County Commission Meetings of February 12 and February 26, 2013 Page 3 of 3 On January 7, 2013, the Washoe County Planning Commission recommended that the Board of County Commissioners adopt Development Code Amendment Case Number DCA On January 7, 2013, the Washoe County Planning Commission (PC) held a public hearing to consider this item. The PC staff report is attached for your review. Staff presented a description of the amendment subject matter, and described how the amendment s goals were developed. Subsequently, the PC held a public hearing to receive public comment. At the conclusion of the public hearing, the PC voted unanimously (six member, with one PC member seat vacant) to recommend approval of the proposed changes to Articles 226, Warm Springs Area, and 302, Allowed Uses, within Washoe County Code (WCC) Chapter 110 (Development Code). FISCAL IMPACT None RECOMMENDATION It is recommended that the Board of County Commissioners introduce and conduct first reading of an ordinance amending the Washoe County Code at Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses. Further to amend Article 302, Allowed Uses, to modify the Table of Uses for Commercial Use Types to reference Article 226 for commercial stables use types within the Warm Springs planning area. And, if supported, schedule a public hearing for second reading to affirm the findings of the Planning Commission and possible adoption of the Ordinance for 6:00 p.m. on February 26, POSSIBLE MOTION Should the Board agree with staff s recommendation, a possible motion would be: Move to introduce and conduct first reading of an ordinance amending the Washoe County Code at Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses. Further to amend Article 302, Allowed Uses, to modify the Table of Uses for Commercial Use Types to reference Article 226 for commercial stables use types within the Warm Springs planning area. And, if supported, schedule a public hearing for second reading to affirm the findings of the Planning Commission and possible adoption of the Ordinance for 6:00 p.m. on February 26, Attachments: Exhibit A Ordinance Exhibit B Planning Commission Staff Report Exhibit C Planning Commission Resolution 13-2 Exhibit D Draft Minute Excerpt January 7, 2013 Planning Commission xc: Bob Webb, Planning Manager, Planning and Development Division

22 WORKING COPY INFORMATION ONLY REGULAR TEXT: NO CHANGE IN LANGUAGE STRIKEOUT TEXT: DELETE LANGUAGE (None) ITALICIZED AND BLUE TEXT: NEW LANGUAGE *********************************************************** SUMMARY: An ordinance amending Washoe County Code at Chapter 110 by changing by creating a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses. Further to amend Article 302, Allowed Uses, to modify the Table of Uses for Commercial Use Types to reference Article 226 for commercial stables use types within the Warm Springs planning area. BILL NO. ORDINANCE NO. An ordinance amending the Washoe County Code at Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses. Further to amend Article 302, Allowed Uses, to modify the Table of Uses for Commercial Use Types to reference Article 226 for commercial stables use types within the Warm Springs planning area, and, providing for other matters properly relating thereto as recommended for adoption by the Washoe County Planning Commission. Whereas: A. This Ordinance is adopted pursuant to a provision in NRS Chapter 278 and therefore is not a rule as defined in NRS DRAFT ORDINANCE DCA page 1 of 4 DCA EXHIBIT A

23 The Board of County Commissioners of the County of Washoe do Ordain: SECTION 1. Table of the Washoe County Code is hereby amended to add a reference to Article 226 for Warm Springs parcels : Table TABLE OF USES (Commercial Use Types) (See Sections and for explanation) Commercial Use Types (Section ) LDR MDR HDR LDS/ MDS/ LDS 2 MDS 4 HDS LDU MDU HDU GC NC TC I PSP PR OS GR GRA Commercial Stables S 2 S 2 S 2 S S S 2 -- S 2 S2 *See Article 226 for Warm Springs parcels *See Article 226 for Warm Springs parcels Key: -- = Not allowed; A = Allowed; P = Administrative Permit; PR = Park Commission Approval pursuant to (c); S 1 = Planning Commission Special Use Permit; S 2 = Board of Adjustment Special Use Permit *The provisions listed in Table requiring a special use permit for Commercial Stables (as defined in Section (c) (2)) in GR and GRA are hereby modified to be consistent with Article 226, Warm Springs Area. SECTION 2. Article 226, Warm Springs Area, of the Washoe County Code is hereby amended to add the following language: Section Equestrian Uses Section Equestrian Uses. The keeping or raising of horses, mules, donkeys or ponies as a private, non-commercial use is regulated within Article 330, Domestic Pets and Livestock. Otherwise, in addition to the regulations of the regulatory zones described in Article 106, Regulatory Zones, and Article 302, Allowed Uses, on all legally established parcels greater than thirty-five (35) acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, the following regulations shall apply: (a) Allowed Uses. (1) Boarding Stables. The boarding, keeping or raising of up to twenty (20) horses, mules, donkeys, or ponies as an accessory use to an established residential or agricultural use on the property (excluding horses used primarily for agricultural operations which are classified under animal production). Typical associated DRAFT ORDINANCE DCA page 2 of 4 DCA EXHIBIT A

24 uses and activities could include, but are not limited to: riding instruction, roping practice, barrel racing practice, dressage practice and jumping practice for the boarders of said horses. (b) Uses Requiring a Board of Adjustment Approved Special Use Permit Subject to the Provisions of Article 810, Special Use Permits: (1) Commercial Stables. The commercial boarding, keeping or raising of more than twenty (20) horses, mules, donkeys, or ponies (excluding horses used primarily for agricultural operations which are classified under animal production). Typical uses and activities could include, but are not limited to commercial riding stables open to the public; riding clubs, and riding instruction facilities. (2) Equestrian Facilities. Commercial (public or private) horse, mule, donkey, or pony facilities, to include at a minimum or any part thereof: riding schools/academies, exhibition facilities (for shows or other competitive events, including but not limited to riding, roping, barrel racing, jumping events, dressage, bull riding), boarding facilities, and all other ancillary or accessory structures and uses typical and/or incidental to such facilities. SECTION 3. General Terms. 1. RATIFICATION. All actions, proceedings, matters, and things heretofore taken, had and done by the County and its officers not inconsistent with the provisions of this Ordinance are ratified and approved. 2. IMPLEMENTATION; EDITING; CODIFICATION. The Chairman of the Board and officers of the County are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. The District Attorney is authorized to make non-substantive edits and corrections to this Ordinance. 3. REPEALER. All ordinances, resolutions, bylaws and orders, or parts thereof, in conflict with the provisions of this Ordinance are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw or order, or part thereof, heretofore repealed. 4. EXECUTION; PUBLICATION; EFFECTIVE DATE. This Ordinance shall be in effect from and after its publication as hereinafter provided, and after this Ordinance is signed by the Chairman of the Board and attested and sealed by the County Clerk this Ordinance shall be published by title only, together with the names of the board members voting for or against and with a statement that typewritten copies of said ordinance are available for inspection by all interested parties at the office of the County Clerk, such publication to be made in the Reno Gazette Journal, a newspaper published and having general circulation in the County, at least once a week for a period of two weeks by two insertions as required by NRS and any other enabling laws. 5. SEVERABILITY. Each term and provision of this Ordinance shall be valid and shall be enforced to the extent permitted by law. If any term or provision of this Ordinance or the application thereof shall be deemed by a court of competent jurisdiction to be in violation of law or public policy, then it shall be deemed modified, ipso facto, to bring it within the limits of validity or enforceability, but if it cannot be so modified, then it shall be excised from this Ordinance. In any event, the remainder of this Ordinance, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected. DRAFT ORDINANCE DCA page 3 of 4 DCA EXHIBIT A

25 Passage and Effective Date Development Code Amendment Case Number DCA This Ordinance was proposed on by Commissioner. This Ordinance was passed on. Those voting aye were. Those voting nay were. Those absent were. Those abstaining were. This Ordinance shall be in force and effect immediately upon the date of the second publication of such Ordinance as required by NRS David Humke, Chairman Washoe County Commission ATTEST: Amy Harvey County Clerk This ordinance shall be in force and effect from and after the day of the month of of the year. DRAFT ORDINANCE DCA page 4 of 4 DCA EXHIBIT A

26 Planning Commission Staff Report Meeting Date: January 7, 2013 Subject: Applicant: Agenda Item No. Summary: Recommendation: Prepared by: Development Code Amendment Case Number DCA Washoe County Planning and Development Division 9B Public Hearing, consideration and possible action (to recommend to the Board of County Commissioners) to amend Washoe County Code, Chapter 110, Development Code, Article 226, Warm Springs Area, to add a new section in order to address equestrian uses, and amend Article 302 Allowed Uses. Recommend approval and authorize the Chair to sign the attached resolution Sandra Monsalvè, AICP, Senior Planner Washoe County Community Services Department Planning and Development Division Phone: E Mail: smonsalve@washoecounty.us Description Development Code Amendment Case No. DCA (Articles 226 and 302, Equestrian Uses in the Warm Springs Planning Area) Public Hearing, consideration and possible action (to recommend to the Board of County Commissioners) to amend Washoe County Code, Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses. Further to amend Article 302, Allowed Uses, to modify the Table of Uses for Commercial Use Types to reference Article 226 for commercial stables use types within the Warm Springs planning area. Post Office Box 11130, Reno, NV E. Ninth St., Reno, NV Telephone: Fax: DCA EXHIBIT B

27 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 Staff Report Contents Development Code Amendments... 3 Public Notice... 3 Requested Amendment... 4 Background/Analysis... 4 Proposed Amendment Language:... 7 Recommended Amendments... 9 Community Input/Agency Review Required findings and Recommendation Recommendation Motion Appeal Process Exhibits Contents Resolution... Exhibit A Working Copy, Proposed Development Code Changes... Exhibit B Warm Springs Questionnaire/Survey... Exhibit C Community Forums/CAB Meetings... Exhibit D Agency Review and Comments... Exhibit E Community Correspondence... Exhibit F Washoe County Planning Commission Minutes from 10/11/ Exhibit G Radius Map & Researched Jurisdictions... Exhibit H Research References... Exhibit I Development Code Amendment Case No. DCA Page 2 of 13 DCA EXHIBIT B

28 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 Development Code Amendments The Washoe County Development Code is Chapter 110 of the Washoe County Code (WCC). The Development Code broadly regulates allowable and permitted land uses, subdivision of land, planning permit requirements and procedures, signage, infrastructure availability, land use development standards, and other related matters. Because the Development Code covers so many varying aspects of land use and development standards, it is expected that from time to time it may be necessary to change or amend one or more portions of the Development Code to keep it up to date with the most current and desirable trends in planning and development. The Development Code amendment process provides a method of review and analysis for such proposed changes. Development Code amendments may be initiated by the Washoe County Commission, the Washoe County Planning Commission, or an owner of real property. After initiation, the Planning Commission considers the proposed amendment in a public hearing. The Planning Commission may recommend approval, approval with modifications or denial of the proposed amendment. The Planning Commission records its recommendation by resolution. The Washoe County Commission hears all Development Code amendments recommended for approval, and amendments recommended for denial upon appeal. The County Commission will hold a first reading and introduction of the ordinance (proposed amendment), followed by a second reading and possible ordinance adoption in a public hearing at a second meeting at least two weeks after the first reading. Unless otherwise specified, ordinances are effective 10 days after adoption. Public Notice Pursuant to WCC Section , public notification includes publishing a legal notice in the newspaper and notification to the chairperson and each member of the Warm Springs Citizen Advisory Board in Washoe County 10 days prior to today s public hearing. Such notification was accomplished and staff can provide proof of notification if requested. Development Code Amendment Case No. DCA Page 3 of 13 DCA EXHIBIT B

29 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 Requested Amendment Washoe County Community Development is requesting an amendment to the Development Code, Chapter 110, Article 226 Warm Springs Area, to add additional, expanded uses for commercial boarding stable operations. This agenda item allows the Planning Commission to discuss the proposed code amendment and to ask questions of staff concerning the amendment. Additionally, the agenda item provides the Planning Commission the opportunity to record any objections to, or comments on, the proposed technical revision. Staff will transmit any objections or comments to the Washoe County Commission as part of the staff report prepared for the first reading of the ordinance. Background/Analysis During the Warm Springs Area Plan update which was completed in the fall of 2011, staff was directed by the Planning Commission to continue discussions with the community in regard to equine uses in the planning area and how to better categorize this land use. Consequently, this development code amendment will focus on equestrian uses solely within the Warm Springs planning area, specifically on expanded uses for horse boarding, commercial stables and equestrian operations. These expanded uses will be addressed within Article 226, Warm Springs Area, for all parcels zoned General Rural (GR) or General Rural Agricultural (GRA) only. Current Development Code language: The current language of the Washoe County Development Code, Section Commercial Use Types defines stables in the following way: Commercial Stables. Commercial stables refers to boarding or raising of three (3) or more horses, but excludes horses used primarily for agricultural operations which are classified under animal production. Typical uses include commercial stables, riding clubs and riding instruction facilities. As is noted above, once the threshold of three (3) or more horses is exceeded (excluding horses used for agricultural purposes), then according to the Table of Uses in Article 302 Use Types, a special use permit would be required. This applies countywide, in addition to parcels zoned General Rural Agricultural (GRA) or General Rural (GR) in the Warm Springs planning area. It is specifically this code language above that the Planning Commission has directed staff to work out with the community of Warm Springs (also known as Palomino Valley by the local residents), in order to potentially derive less restrictive regulations for equestrian uses in the valley. Staff is proposing, for the Planning Commission s consideration, new Definitions and expanded Allowed Uses for equestrian use types (i.e. boarding stables, commercial stables and equestrian facilities), and a higher threshold number of horses triggering the requirement of a special use permit. Warm Springs Area Plan Development Code Amendment Case No. DCA Page 4 of 13 DCA EXHIBIT B

30 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 It is stated within the Warm Springs Area Plan Vision, the property owners of Palomino Valley are good stewards of the land by keeping its agricultural and ranching heritage, and by maintaining the rural quality of its wide open spaces, dark skies, and unique beauty. The vision includes the property owners engaging in activities such as agriculture, livestock and poultry raising, 4 H projects, equestrian activities, home businesses and other endeavors. Pursuing agricultural activities in the planning area, including equestrian activities (Warm Springs Area Plan, pg. 2) is part of the Guiding Principle of the area plan. It is important to keep in mind that the discussion around equestrian uses is different than the number of horses a property owner and/or resident can maintain on their property. Per Article 330 Domestic Pets and Livestock, Section domestic pets, livestock and fowl kept for non commercial private enjoyment and use are subject to the provisions set forth in this article along with structures used to support their shelter and maintenance. Therefore, for example, there are no restrictions (Section (b)) pertaining to the number of horses for private use and enjoyment, so long as a parcel is a minimum of 35,000 square feet, and the animals kept are in compliance with all applicable provisions of Washoe County Code chapter 55, Animals and Fowl; Washoe County District Health Department regulations; and not subject to Nevada Revised Statutes 574, Cruelty to Animals. Research In an effort to present a variety of information, staff has conducted a fair bit of research (Exhibit H) in order to better define horse boarding, commercial stables, and equestrian facilities, in addition to determining the threshold number of horses in regard to special use permit requirements. This research involved the review of various jurisdictions within a 100 mile radius of Washoe County (City of Reno as center of radius) in order to gather information on equestrian uses, and to demonstrate the methodology utilized as part of this code amendment. Staff learned that the number of horses which constitute a commercial boarding (public or private) facility versus a private boarding facility varies from jurisdiction to jurisdiction. There also appears to be no empirical data suggesting that a specific number of horses are the right number when it comes to separating boarding stables from commercial stables, but rather the impacts of the use on the land and whether or not it is the primary use or an accessory use on a property. The map on the following page represents the 100 mile radius research area. The supporting information (with a larger map) gathered during the research phase of this code amendment is attached as Exhibit H. Development Code Amendment Case No. DCA Page 5 of 13 DCA EXHIBIT B

31 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 Research Radius Development Code Amendment Case No. DCA Page 6 of 13 DCA EXHIBIT B

32 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 When writing this code amendment, there was reference to several sections of the Development Code, in particular to the classification of use types and the rules associated with these classifications. Specifically, Article 304 Use Classification System, Section Classification Rules sets forth the following standards: Section Classification Rules. Uses will be classified into use types based upon the descriptions in Section through Section , inclusive. The classifications shall comply with the provisions of this section. (a) (b) Types of Uses Regulated. Only principal uses are included within the use classification system. Accessory uses and temporary uses are regulated by Article 306, Accessory Uses and Structures, and Article 310, Temporary Uses and Structures, respectively. Typical Uses within Use Types. The description of the use types in this article often contain usual and customary uses classified within that use type. These usual and customary uses are examples and are not meant to include all uses that may properly be classified within the use type. (c) Classifying New Uses. New uses shall be classified into use types based upon the description of the use types and upon characteristics similar to other uses already classified within the use type, subject to the applicable provisions of subsection (d) of the section. The North American Industry Classification System shall be used to help define new uses when deemed appropriate by the Director of Community Development. (d) Classifying Several Uses on the Same Parcel. The principal uses conducted on a single parcel shall be classified separately. Proposed Amendment Language: As a result of the variety of information within the Development Code, research of other jurisdictions and a variety of other reference materials; the feedback from the community (to include the questionnaire and community meetings), best Planning practices, and health and safety perspectives, staff proposes the following: the threshold number between the categories will be twenty (20) horses. Meaning, up to twenty (20) horses, mules, donkeys, or ponies for all boarding stables as an accessory use to an established residential use on the property; if more than twenty (20) horses, mules, donkeys, or ponies, then a special use permit will be required in order to establish the stable as a commercial use type on all legally established parcels thirty five (35) acres or more, zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area. Equestrian facilities, as presented in the amendment language, will require special use permit approval, regardless of the number of horses. Proposed new Definitions: Staff is proposing the following new definitions to Article 226 Warm Springs Area, as they relate to equestrian uses: Development Code Amendment Case No. DCA Page 7 of 13 DCA EXHIBIT B

33 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 Boarding Stables: o The boarding, keeping or raising of up to 20 horses, mules, donkeys, or ponies as an accessory use to an established residential or agricultural use on the property (excluding horses used primarily for agricultural operations which are classified under animal production). Typical associated uses and activities could include, but are not limited to: riding instruction, roping practice, barrel racing practice, dressage practice and jumping practice for the boarders of said horses. Commercial Stables: o The boarding, keeping or raising of more than 20 horses, mules, donkeys, or ponies (excluding horses used primarily for agricultural operations which are classified under animal production). Typical uses and activities could include, but are not limited to commercial riding stables open to the public; riding clubs, and riding instruction facilities. Equestrian Facilities: o Commercial (public or private) horse, mule, donkey, or pony facilities, to include at a minimum or any part thereof: riding schools/academies, exhibition facilities (for shows or other competitive events, including but not limited to riding, roping, barrel racing, jumping events, dressage, bull riding), boarding facilities, and all other ancillary or accessory structures and uses typical and/or incidental to such facilities. Review Process for Special Use Permits: It should be noted, if this proposed amendment is approved as presented, that a project for commercial stables and/or equestrian facilities shall require the submittal of a special use permit application. Said application will follow the planning process established in Article 810, which includes, at a minimum: public input, staff report with recommendation, public hearing with legal noticing, and a decision by a decision making body of Washoe County. The aforementioned process is in place in order to allow for review by county agencies in order to review an application and subsequently propose mitigation of potential impacts that may result from said project. These mitigation measures are expressed as conditions from each reviewing agency as measured by that agency s standards and/or guidelines. The conditions are then imported into a staff report published by the Planning and Development Division of the Community Services Department (CSD), which is then presented to the decision making body, typically the Board of Adjustment or the Planning Commission for a decision. Lastly, an applicant must meet all conditions of approval prior to the issuance of building permits and/or business licenses. Proposed synopsis of new language as written above and reiterated below: Boarding stables: The boarding, keeping or raising of up to 20 horses, mules, donkeys, or ponies as an accessory use to an established residential or agricultural use on the property. Commercial stables: Development Code Amendment Case No. DCA Page 8 of 13 DCA EXHIBIT B

34 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 The boarding, keeping or raising of more than 20 horses, mules, donkeys, or ponies. Equestrian Facilities Commercial (public or private) horse, mule, donkey, or pony facilities. Recommended Amendments For the reasons outlined in the above pages, and based upon the analysis and public input also summarized above, staff recommends that the following new definitions be added to Article 226 Warm Springs Area to read as follows: Section Equestrian Uses. In addition to the regulations of the regulatory zones described in Article 106, Regulatory Zones, and Article 302, Allowed Uses, on all legally established parcels greater than 35 acres in area and zoned General Rural Agricultural or General Rural in the Warm Springs planning area, the following regulations shall apply: (a) Allowed Uses (1) Boarding Stables. The boarding, keeping or raising of up to 20 horses, mules, donkeys, or ponies as an accessory use to an established residential or agricultural use on the property (excluding horses used primarily for agricultural operations which are classified under animal production). Typical associated uses and activities could include, but are not limited to: riding instruction, roping practice, barrel racing practice, dressage practice and jumping practice for the boarders of said horses. Development Code Amendment Case No. DCA Page 9 of 13 DCA EXHIBIT B

35 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 (b) Uses Requiring a Board of Adjustment Approved Special Use Permit Subject to the Provisions of Article 810, Special Use Permits: (1) Commercial Stables. The boarding, keeping or raising of more than 20 horses, mules, donkeys, or ponies (excluding horses used primarily for agricultural operations which are classified under animal production). Typical uses and activities could include, but are not limited to commercial riding stables open to the public; riding clubs, and riding instruction facilities. (2) Equestrian Facilities. Commercial (public or private) horse, mule, donkey, or pony facilities, to include at a minimum or any part thereof: riding schools/academies, exhibition facilities (for shows or other competitive events, including but not limited to riding, roping, barrel racing, jumping events, dressage, bull riding), boarding facilities, and all other ancillary or accessory structures and uses typical and/or incidental to such facilities. Additionally, staff recommends the following changes to Article 302 Allowed Uses, and that the use table is approved as follows: Table TABLE OF USES (Commercial Use Types) (See Sections and for explanation) Commercial Use Types (Section ) LDR MDR HDR LDS/L DS 2 MDS/ MDS 4 HDS LDU MDU HDU GC NC TC I PSP PR OS GR GRA Commercial Stables S 2 S 2 S 2 S 2 S 2 S 2 S 2 S2 Key: -- = Not allowed; A = Allowed; P = Administrative Permit; PR = Park Commission Approval pursuant to (c); S 1 = Planning Commission Special Use Permit; S 2 = Board of Adjustment Special Use Permit *See Article 226 for Warm Springs parcels *See Article 226 for Warm Springs parcels *The provisions listed in Table requiring a special use permit for Commercial Stables (as defined in WCC (c) (2)) in GR and GRA are hereby modified to be consistent with Article 226 Warm Springs Area. Community Input/Agency Review Development Code Amendment Case No. DCA Page 10 of 13 DCA EXHIBIT B

36 Washoe County Planning Commission Staff Report Staff Report Date: December 20, 2012 In December 2011, at the request of Commissioner Weber, staff sent out a questionnaire/survey (nonscientific) to the property owners of the Warm Springs planning area (Exhibit C); conducted three (3) Warm Springs Citizen Advisory Board meetings and one (1) Community Forum held in Warm Springs. There were 1,045 questionnaire/surveys sent December 2011 via postal delivery, followed up by approximately 196 responses via postal service and online submittals. The purpose of the questionnaire and community meetings was to discuss with the Warm Springs community the issues, questions and/or concerns they have with horse boarding and commercial stables/equestrian facilities within their community. Questions were specifically dealing with the number of horses they felt would be appropriate in terms of not requiring special use permit review for a horse boarding facility. The results of the questionnaire were not as conclusive as staff was anticipating; however, many who responded expressed an unlimited number of horses should be allowed, and many responses were to leave the code language as it is now. There were also concerns voiced in regard to humane animal treatment; manure disposal, traffic, water, noise and dust. Many of these same issues were raised at the community meetings as well. The preliminary code amendment language was also distributed to several agencies and departments for review and comment including: Building and Safety, Air Quality, Environmental Health, Vector Control, Engineering, Roads, Traffic, Palomino Valley General Improvement District (PVGID), Department of Water Resources and applicable Fire agencies. The agency comments received are attached. (Exhibit E) The agency comments focused on manure disposal, flies, road maintenance within the boundaries of the Palomino Valley General Improvement District (PVGID), air quality/dust (from informal correspondence with Air Quality), water requirements per Article 422, and finally necessary business license review by Washoe County Business License. Staff has also received several letters, phone calls, s, and reference materials on a variety of equestrian related information from interested individuals residing within the Warm Springs planning area. (Exhibit F) Required findings and Recommendation Findings. Before adopting a Development Code amendment, WCC (e) requires that the following findings be made by the Planning Commission. Staff recommends that all of the findings can be made based on this staff report and the information brought out at the public hearing. 1. The proposed Development Code amendment is in substantial compliance with the policies and action programs of the Washoe County Master Plan. Staff Comment. The proposed code amendment supports many of the policies and action programs of the Washoe County Master Plan. Specifically the Warm Springs Area Plan Community Vision to preserve the agricultural and rural lifestyle of the planning area. Development Code Amendment Case No. DCA Page 11 of 13 DCA EXHIBIT B

37 Washoe County Planning Commission Staff Report Staff Report Date: December 20, The proposed Development Code amendment will not adversely impact the public health, safety or welfare, and will promote the original purposes for the Development Code as expressed in Article 918, Adoption of Development Code. Staff Comment. The proposed code amendment to relax the equestrian standards in the Warm Springs planning area does not present any potentially adverse impacts to public health, safety or welfare. 3. The proposed Development Code amendments respond to changed conditions or further studies that have occurred since the Development Code was adopted by the Board of County Commissioners and the requested amendment allow for a more desirable utilization of land within the Regulatory Zones. Staff Comment: Since the table of allowed uses in Article 302 was originally established in the early 1990 s it has undergone several updates. Some of those updates included commercial stables requiring different types of discretionary permits. This amendment is in response to those changes coinciding with the rural and agricultural nature of the Warm Springs planning area, and its historic agricultural and equine/livestock nature. 4. The proposed Development Code amendment will not adversely affect the implementation of the policies and action programs of the Conservation Element or the Population Element of the Washoe County Master Plan. Staff Comment: This Code amendment has no known affects on the policies and action programs of the Conservation or Population Elements of the Master Plan. Recommendation Staff recommends that the staff proposed amendments for Article 226 Warm Springs Area and Article 302, Allowed Uses, be recommended for approval by the Planning Commission. The following motion is provided for your consideration: Motion I move that, after giving reasoned consideration to the information contained in the staff report and information received during the public hearing, the Washoe County Planning Commission recommend approval of the staff proposed amendments to Article 226 Warm Springs Area and Article 302, Allowed Uses, as contained in Exhibit B. I further move to authorize the Chair to sign the resolution contained at Exhibit A on behalf of the Washoe County Planning Commission and direct staff to present a report of this Commission s recommendation to the Washoe County Commission within 60 days of today s date. This recommendation for approval is based on the following findings in accordance with WCC Section (e): Development Code Amendment Case No. DCA Page 12 of 13 DCA EXHIBIT B

38 Washoe County Planning Commission Staff Report Staff Report Date: December 20, The proposed Development Code amendment is in substantial compliance with the policies and action programs of the Washoe County Master Plan. 2. The proposed Development Code amendment will not adversely impact the public health, safety or welfare, and will promote the original purposes for the Development Code as expressed in Article 918, Adoption of Development Code. 3. The proposed Development Code amendments respond to changed conditions or further studies that have occurred since the Development Code was adopted by the Board of County Commissioners and the requested amendment allow for a more desirable utilization of land within the Regulatory Zones. 4. The proposed Development Code amendment will not adversely affect the implementation of the policies and action programs of the Conservation Element or the Population Element of the Washoe County Master Plan. Appeal Process An appeal of the Planning Commission's denial of a Development Code amendment may be made to the Washoe County Commission within 15 days after the date of the decision, pursuant to WCC Section If the end of the appeal period falls on a non business day, the appeal period shall be extended to include the next business day. Development Code Amendment Case No. DCA Page 13 of 13 DCA EXHIBIT B

39 WAS RESOLUTION OF THEW ASHOE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE WASHOE COUNTY DEVELOPMENT CODE AT ARTICLE 226, WARM SPRINGS AREA, AND ARTICLE 302, ALLOWED USES, RELATING TO EQUESTRIAN USES IN THE WARM SPRINGS PLANNING AREA AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. Resolution Number 13-2 Whereas Development Code Amendment Case Number DCA came before the Washoe County Planning Commission for a duly noticed public hearing on January 7, 20 13; and Whereas the Washoe County Planning Commission heard public comment and input from both staff and the public regarding the proposed Development Code Amendment; and Whereas the Washoe County Planning Commission has given reasoned consideration to the information it has received regarding the proposed Development Code Amendment; and Whereas, pursuant to Washoe County Code Section , in making this recommendation, the Washoe County Planning Commission finds that this proposed Development Code Amendment: 1. Is in substantial compliance with the policies and action programs of the Washoe County Master Plan; 2. Will not adversely impact the public health, safety or welfare, and will promote the original purposes for the Development Code as expressed in Article 918 (Adoption of Development Code); 3. Responds to changed conditions or further studies that have occurred since the Development Code was adopted by the Board of County Commissioners, and the requested amendment allows for a more desirable utilization of land within the regulatory zones; and 4. Will not adversely affect the implementation of the policies and action programs of the Conservation Element or the Population Element of the Washoe County Master Plan. Now, therefore, be it resolved that pursuant to Washoe County Code Section (d) that (1) the Washoe County Planning Commission hereby recommends approval of an amendment to the Washoe County Development Code at Article 226, Warm Springs Area, and Article 302, Allowed Uses, as set forth in the attached Exhibit B; and (2) that a report describing this amendment, discussion at this public hearing, this recommendation, and the vote on the Page I of2 DCA EXHIBIT C

40 Planning Commission Resolution 13- Development Code Amendment Case Number DCA (Equestrian Uses in Warm Springs) Page 2 of2 recommendation be forwarded to the Washoe County Board of County Commissioners within 60 days ofthis resolution's adoption date. ADOPTED on January 7, WASHOE COUNTY PLANNING COMMISSION ATTEST: DCA EXHIBIT C

41 ~ EXCERPT ~ PLANNING COMMISSION JANUARY 7, 2013 DRAFT MINUTES PUBLIC HEARING: Development Code Amendment Case No. DCA (Articles 226 and 302, Equestrian Uses in the Warm Springs Planning Area) - Public Hearing, consideration and possible action (to recommend to the Board of County Commissioners) to amend Washoe County Code, Chapter 110, Development Code, Article 226, Warm Springs Area to add a new section in order to regulate equestrian uses, such as boarding stables, commercial stables and equestrian facilities, on all legally established parcels greater than 35 acres in area and zoned General Rural (GR) or General Rural Agricultural (GRA) in the Warm Springs planning area, and to add definitions specific to these types of uses. Further to amend Article 302, Allowed Uses, to modify the Table of Uses for Commercial Use Types to reference Article 226 for commercial stables use types within the Warm Springs planning area. Chair Cobb opened the public hearing and read the case description aloud. Ms. Monsalvè reviewed the staff report dated December 20, She noted the amendment focused specifically on the Warm Springs planning area and was not intended to be county wide. She explained the County had involved the community extensively and researched other counties within a 100-mile range to arrive at the proposed language. Ms. Monsalvè explained the new language affected commercial uses only and did not affect private ownership. Current code requires a Special Use Permit (SUP) for a commercial operation with 3 or more horses, the proposed code would allow up to 20 horses before requiring an SUP. Chair Cobb reminded the audience the Board would not be making a decision regarding anything related to International Council on Local Environmental Initiatives (ICLEI). Katherine Snedigar opined the County had taken the property owner s agricultural rights when the code was initially changed, limiting the income potential of the residents of the area. She stated an equestrian facility did not generate the traffic and activity, the tenants did. Jeanne Herman stated some of the residents had made an agreement with the Commissioner that 50 horses was an acceptable number and pointed out the wild horse facility occasionally carried as many as 2,500 at a time. Cathy Glatthar thanked staff for their research and time, and their willingness to work with the residents. She read a statement that complimented the proposed relaxed rules and the balance of residential versus commercial uses. Joannah Schumacher opined the new regulations would only be in effect in the Warm Springs area, but could potentially impact all citizens of Washoe County. Chair Cobb closed the public hearing. Commissioner Hibdon congratulated staff on the thoroughness of the staff report. Commissioner VanderWell asked how many horses other residents of Washoe County could own. Ms. Monsalvè replied the number was unlimited on parcels of one acre or more. Mr. Webb clarified that the unlimited number was for a private, non-commercial use on parcels larger than 35,000 square feet. Commissioner VanderWell requested verification the new regulations covered boarding animals on a property for a fee, and Mr. Webb stated that the new regulations were for commercial operations. DCA EXHIBIT D

42 ~ EXCERPT ~ PLANNING COMMISSION JANUARY 7, 2013 DRAFT MINUTES Discussion ensued regarding the number of stables that would be affected by the new rules and Mr. Webb explained there was a difference between stables that held a business license and ones with a Special Use Permit. He estimated the number of currently licensed commercial stables operations at approximately 10-15, with perhaps 3 or 4 of those with a required SUP. Chair Cobb asked why the Department of Water Resources had been asked to comment. Ms. Monsalvè said that was because they regulate the domestic wells. Chair Cobb expressed concern that he could have unlimited horses but an owner with 40 acres would be limited. Ms. Monsalvè and Mr. Webb explained the difference was a private use versus commercial use, and State water law addressed the commercial use. Commissioner Whittemore asked if a benefit to the community of the requirement for the SUP were notification of the neighbors and asked if there was a fee for the permit. Ms. Monsalvè explained the SUP noticing procedures and costs. Mr. Webb added the SUP runs with the land, not the owner, so it is a one-time requirement for the property. Commissioner Edwards stated he was in favor of the amendment. He supports the right of the citizen to use their property but agreed with the limitations on the commercial components. Commissioner Edwards moved that, after giving reasoned consideration to the information contained in the staff report and information received during the public hearing, the Washoe County Planning Commission recommend approval of the staff-proposed amendments to Article 226 Warm Springs Area and Article 302, Allowed Uses, as contained in Exhibit B. He further moved to authorize the Chair to sign the resolution contained at Exhibit A on behalf of the Washoe County Planning Commission and direct staff to present a report of this Commission s recommendation to the Washoe County Commission within 60 days of today s date. This recommendation for approval is based on the following findings in accordance with WCC Section (e). Commissioner Hibdon seconded the motion, which carried unanimously. The motion was based on the following findings: 1. The proposed Development Code amendment is in substantial compliance with the policies and action programs of the Washoe County Master Plan. 2. The proposed Development Code amendment will not adversely impact the public health, safety or welfare, and will promote the original purposes for the Development Code as expressed in Article 918, Adoption of Development Code. 3. The proposed Development Code amendments respond to changed conditions or further studies that have occurred since the Development Code was adopted by the Board of County Commissioners and the requested amendment allow for a more desirable utilization of land within the Regulatory Zones. 4. The proposed Development Code amendment will not adversely affect the implementation of the policies and action programs of the Conservation Element or the Population Element of the Washoe County Master Plan. DCA EXHIBIT D

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