134 Andrew Lane

Before

Now

Opening:

134 Andrew Lane – Reno NevadaTalking Points:• Business License

• Site Plan• Crop Production - Definition• Permitting / Code Violations

• Flood Zone• Grading• Storage of equipment and heavy industrial stone

• Water Rights• Steam Boat Creek – Pollution• Travel, Access and Noise • Closing

Business License: Business Application States:

Planning and Zoning: Approved for Crop production, No storage or handling of landscaping materials Rock, Soil, Mulch, Sand, gravel. No retail sales of materials other than trees grown on site.➢ Rock and Sand are on site now, trees are not being grown on site, trees are being

warehoused / stored on site.

Building and Safety: No building of structures, no public access, permit required for electrical. ➢ The current site plan indicates a building with restrooms, will the County allow a

facility when the business licenses prohibits all structures?

Fire: Conditional approval inspection required. ➢ Inspection results have not been disclosed to the public.

Site Plan:

Site Plan Concerns: The site plan is not consistent with the business license application.

• The site plan includes Nursery stock area.➢ Clearly only allowed with the special use permit.

• The site plan includes a 40 X 60 facility with restrooms. ➢ No building of structures are allowed on the business application.

• The site plan includes water consumption.➢ The property has not been approved for surface water rights to support crop

production. How much water will be needed?• The site proposal includes 35 different commercial vehicles / equipment uses.

➢ Use and storage of commercial equipment is clearly prohibited.• The site plan indicates access to the commercial business using Andrew lane and

the small easement road. ➢ The community was ensured large truck access to a commercial business would

not be allowed.

Crop Production: Crop production use type refers to raising and harvesting of tree crops, row crops or field crops on an agricultural or commercial basis.

➢ All definitions we have identified of tree crops are trees that produce crops, example almonds, walnuts, Fruit trees.

➢ Landscape plants / trees are identified as nursery stock, not crop producing stocks.

➢ Color Rock and Sierra Tree are a Landscape Business use type. North American Industry ClassificationHigh Sierra Tree, Trade name: Colorock – 444220 – Nursery, Garden center, 541320 – Landscape Architectural Services.Gail Willey Landscape: 541320 – Landscape Architectural Services

➢ Current trees are not being grown but rather stored / warehoused.

➢ The application clearly states no retails sales other than trees grown on site.

Crop Production:

Crop Production:

Permitting: Current permitting violations have been found at 134 Andrew Lane and not addressed, the site has three active cases with violations. Case: WCMP18-02720, WVIO-PLA18-0409 & case: WVIO-ENG18-0020 Violation found:1. Grading in a critical flood zone2. Grading without a permit3. Commercial Vehicles on vacant lot4. Building Materials on vacant lot (large cement block)

➢ The community has contacted County code multiple times and although the County is aware of the concerns they have had not answered / responded with resolution.

➢ Notice was given, yet no action taken. County code initially allows a person no more than 30 days to correct a violation.

➢ Why are these violations not being addressed or followed up on?

Permitting - Grading:

Permitting - Grading in a flood zoneTable 110.438.10.1 – PERMITS REQUIRED• Grading of any amount within a special flood hazard area as defined by the county Engineer or

within any drainage facility as defined herein.

110.438.35 Major Grading• Major grading permits requiring a special use permit:

A.1.(C) grading of any area of more than four (4) acres on a parcel of any size.

➢ The property has clearly been graded and the property is in a known flood zone, the grading is clearly larger than 4 acres.

12/21/18 - The county has indicated a permit may not be required if a site plan is submitted. ➢ Why would the county dismiss its own code?

2/13/19 - Mr. Gordan states the requested site plan is unnecessary and overly burdensome. That grading on subject property is for crop production and is therefor exempt from grading permit. Per article 110.438.20 (J)

➢ We disagree with Mr. Gordan as per 110.438.10.1

Permitting - Grading in Special flood hazard

• Table 110.438.10.1 Clearly displays exempt work is notated with a (single) * as minor grading only.

• Grading of any amount within a special flood hazard area is noted as a (triple) *** and indicates, a special use permit with public hearing may be required.

Permitting - Grading South Valley Area Plan section:Goal 27: Maintain and enhance the value of wetlands and their associated habitats for their groundwater recharge, aesthetic, environmental, educational, recreational, storm water runoff, and flood control purposes. Washoe County will act to ensure the best possible balance between these wetland area uses.

SV.27.1 All development will meet or exceed the standards for wetland development and impact established by county, state, and federal agencies responsible for wetland management.

• 2/25/19: Dave Solaro states a compromise is warranted and will concede to Mr. Gordans argument that grading details for work which has taken place to this date will not be required.

➢ 134 Andrew Lane is a wet land, in a flood zone, why is the county making a compromise and allowing un-permitted commercial business to grade in a flood zone?

Permitting Violation - Commercial Vehicles: The site continues to have commercial vehicles stored.110.306.35 No outdoor storage shall occur on vacant parcel without existing principal use.

Following list of material requested: Per Colorock site planExcavatorsSkid steers and Front LoadersTractor and various implements including but not limited to discs, plows, sprayers, water wagons, brushes and mowers, rakes and levelers.Various skid steers quick attach implements including but not limited to brush hogs, mowers, tree spades, forks, grapples, trenchers, buckets, screens, root and rock rakes.Flatbed trucks, water trucks, dump trucks, equipment haulers, grapple trucks, pickup trucks, equipment maintenance trucks.Dump trailers, equipment trailers, flatbed trailers, tree transplanting spade trailers.

➢ How is all of this equipment going to access the property?

Permitting violation – Bulk Storage:

Business Application states:No Storage or Handling of landscape scape material including but not limited to Rock, Soil, Mulch, Sand, Gravel.

Colorock Site Plan:Concrete blocks for the construction of storage bins for bulk soil amendments and for weights for securing large trees from prevailing winds.

Irrigation piping, valves and pumps.

➢ Current activities clearly go against the business conditions. Why are the current conditions not being followed?

Permitting Violation- Block Storage: Business applications states:

No storage or handling of landscape material.

Almost 900 large block are stored at the

narrowest point of the canyon.

Why have the block not been removed?

Water: Where is the Water coming from?• The property has 5.529 irrigable water rights from Big Ditch in 2018.

• Big Ditch water is on a rotation schedule.

• The site plan claims it will utilize 53 AF of surface water rights for watering the plants and trees. (Per Water master 1.25 SF application was submitted, if allowed it will be metered and only 25% can be used at one time).

• All Water rights, including surface water rights, must have appropriate permits and approvals by the State Engineer.

• Domestic wells can not be used for commercial watering yet the site plan shows the well house as an irrigation feed.

➢ Where is the water going to come from for 53 AF as stated in the Site Plan?➢ How many trees can be watered?➢ Will the County restrict the use of the well?➢ Will water trucks be used and how will they gain access to the property?➢ Does the county have permits for use of the surface water?

Steam Boat Creek & Pollution:

Steam Boat Creek & Pollution:

No fill or debris in the Food Plain!

➢ How will the county ensure fill and debris is not in the flood plain?

➢ How will 35 different pieces of equipment not contaminate the flood plain?

Oil, Gas, Diesel?

Steam Boat Creek & Pollution: Steam Boat Creek Restoration Plan: Steamboat creek is considered the major contributing tributary of non-point pollution to the Truckee River. Non-Point source pollution in the form of excess sediment, nitrogen, phosphorus and trace metals, and has resulted in the tributary as being listed as “target impaired waters” by the Nevada Division of Environmental Protection due to this pollution.

A major restoration project was completed to this part of the creek 2000.

➢ What is the defined plan to prevent creek erosion on said site?

➢ What is the defined plan to insure run-off does not pollute the creek?

➢ What is the defined plan to control fertilizers, pesticides and herbicides from entering the creek and neighboring land / wells?

➢ The site plan indicates having unapproved bins for soil amendments and sprayers, how will this affect the wetland, waterway and neighboring lands?

Travel: Noise and Nuisance

Travel: Noise and Nuisance

Travel: Noise and Nuisance

Travel: Noise and Nuisance

Travel: Noise and Nuisance • Trucks have been entering the property at

very early hours.

• We have already experienced large trucks holding up cars as well the School bus.

• Trucks have had to drop loads on Andrew Lane due to their inability to make the turn on the small easement road.

➢ Andrew Lane and the easement road are not a viable option for large vehicle access.

Travel: Noise and Nuisance • Noise is a chronic nuisance it’s a threat to

public safety, health and welfare of the south valley residents.

➢ Travel noise from trucks entering and departing the site as well the Beeping of trucks backing is a nuisance. What are the hours of allowed commercial use at the subject site?

Travel: Trucks on Andrew Lane: • The Community was insured on

November 28th 2018 that commercial vehicles would not be allowed on Andrew lane.

➢ What is the access plan for commercial travel to and from the site?

• The easement road is not sufficient travel for large trucks.

Conclusion:

• Everything that was agreed upon on the special use permit as Nursery is taking

place under the false description of Crop Production.

• Colorock is not following any of the Conditions of Approval noted on the crop

production business application and is clearly trying to operate a Nursery at

134 Andrew Lane.

• Mr. Gordon indicates the violations are without merit yet we have clearly

displayed merit in our presentation today. The land use type requires permits

as well the proposed and current use is not in alignment with the business

application.

Conclusion: We believe Sierra tree and Landscape / Colorock is not operating in

good faith.

• The site plan is not consistent with the business application conditions and

requirements.

• Tree storage and warehousing of large equipment is not consistent with crop

production.

• Proper permitting has not been submitted or approved, yet work is being

preformed.

• Pollution, Stream and Wetlands protection has not been addressed.

• Access to the property in not sufficient for commercial heavy industrial use.

➢ We ask the county to address these issue and assure the community is rightfully

represented by its Commissioner and county Administration.

134 Andrew Lane – Scenic Corridor