Bently zone changes irk some residents

A zoning change granted to landowners Don Bently and James Usher could mean a significant increase in the value on two separate tracts of land, 2,194 acres east of the Minden-Tahoe Airport and another 247 acres on Kirman Tract.

The move, which changes the zoning from forest and range to agriculture, generated opposition from residents.

"When you change the master plan land use designation from forest and range to agriculture, there is only one difference," said Douglas County resident Jim Slade. "This increases the property land value, via the transfer development rights program, giving the owner a million-dollar windfall with no benefit to the public."

Located in Carson Valley, both are under cultivation. Conversion from forest and range (FR-19) to agriculture (A-19) was approved by a 4-1 vote by planning commissioners for both parcels at last week's planning commission meeting.

Commissioner Margaret Pross cast the one dissenting vote, stating the move would increase the number of transfer development rights, thereby increasing the potential value of the land.

Usher said there were no plans to change the use of the land and Pross argued that under the circumstances, the zoning change was unnecessary.

"This is already agricultural land and the water rights are in place, so why the need to change zoning?" she said.

"Why not?" said Mimi Moss, planning and economic development manager for Douglas County. "The density remains the same. It's similar to land in Topaz owned by Park Cattle."

The Park property was approved for agricultural zoning because that is the land use, Moss said.

Designed to compensate ranchers for the loss of earning potential when they preserve their lands rather than develop them, transfer development rights establish preservation easements in perpetuity.

The rights become the currency of development.

After being purchased by a developer, those rights can be traded for increased development in any of Douglas County's designated receiving areas. Additional units, known as bonus density points, may be purchased from a landowner if certain criteria have been met.

Much depends on the land and which bonus points it qualifies for, but the value is estimated at $7,500 per acre. A portion of the 2,194-acre parcel east of the airport is designated as a receiving area.

Sustainable Growth Initiative Committee member Judy Sturgis said the number of transferrable development rights could increase from two per acre with the forest and range zoning, to a maximum of about 27 transfer development rights per acre.

"That's a tremendous increase in transfer development rights with just one vote," Sturgis said. "As much as I appreciate what Don Bently has done for this county, we shouldn't add a minimum of 1,920 transfer development rights today."

Douglas County resident Terry Burnes said a lot of people are struggling with this change.

"It's a big piece of land and the change has no obvious purpose," he said.

These two proposals were just a part of the amendment, lumped in with three others affecting smaller plots of land, a move that created opposition among residents.

"This proposed amendment is a basket of separate, unrelated issues," said Gardnerville resident Gretchen Walsh. "It's unfair and impossible to ask (the planning commission) to approve them when each should be considered separately."

"Perhaps, if the issues were taken one at a time, these issues would get the scrutiny they deserve," said Minden resident Lynn Graff.

All five measures were voted on individually by the planning commission. The following were included in this amendment proposal.

n Commissioners voted 4-1 to approve a zoning change from forest and range to rural residential, with minimum five-acre parcels on an 81-acre plot of land located at 2590 Lorraine Lane in Fish Springs. Commissioner Bob Conner cast the one dissenting vote.

n On 80 acres at 1855 Coyote Road in East Valley, the zoning was changed from forest and range to rural residential, with a minimum of one unit per five acres. Conner cast the one dissenting vote.

n A proposal to convert 20 acres north of Airport Road and east of Highway 395 from agriculture to light industrial was denied, the vote 3-2 with Pross and Conner casting the dissenting votes.

n Susie Vasquez can be reached at svasquez@recordcourier.com or 782-5121, ext. 211.

BREAKOUT

The planning commission vote is advisory and the issues will be readdressed by county commissioners at their upcoming December meeting.