Commission turns down cluster exemption

Douglas County Commissioners voted 3-2 Thursday to reject a measure that would exempt ranchers from the county's growth cap if they clustered development.

"I've spent 2-1/2 years working with staff, the planning commission and the county commission board to come up with a growth management ordinance. If this (exemption) passes as written today, I would probably end up voting against my own ordinance," said Commissioner Doug Johnson.

Commissioner Kelly Kite, an advocate for the exemption, said if passed, the proposal would save 21,000 acres of open space.

"Anybody who lives here and drives down Highway 395, they want to see that open space. And our flood plan - our flood plain - is preserved," he said.

Kite and Commissioner Nancy McDermid met March 19 with staff and members of the ranching community to determine the limitations on the exemption for clustered developments.

They included:

n Additional bonus units are exempt, units allowed by the underlying zoning are not;

n Exemptions allowed by the bonus density must be used first in a clustering project;

n The exemption applies to less than 1-acre parcels only if they are connected to sewer;

n The exemption applies only if the parcels exporting the bonus density are in the A-19 (agricultural, 19 acres) zoning district.

Opponents of the proposal claimed it would benefit large land owners.

"Water is of such value that to encourage that water to stay on the property, there is nothing in terms of price the county can offer to keep it here except bonus density," said rancher Frank Godecke.

"It doesn't cost Douglas County anything," he said.

Clarence Burr, president of the Carson Valley Agricultural Association, said ranchers were serious about selling off their water rights.

"It's not bluffing about selling water," he said.

McDermid said since voters turned down a tax to purchase open space, the exemption amendment is "one more tool in the box" to preserve open space.

"If we truly believe the growth management ordinance is to preserve our rural character, whatever we could do to help have that preserved in the condition it is today furthers all our goals," McDermid said.

Commissioner David Brady said he appreciated the priority of tying water the land.

"This is a work in progress," he said of the ordinance. "I don't think the time is right to make substantive change to this in a room that is (only) half full. I am not in favor of bringing it forward now."

Commissioners also made three appointments to the committee charged with writing language in support of the growth management ordinance on the November ballot.

John Garvin, Jim Slade and Gary Pyle were named to the ballot question committee.

The fourth applicant for the committee was former Commissioner Robert Allgeier.

Clerk-treasurer Barbara Griffin recommended the three because they were involved initially with the ballot question language and were "extremely knowledgeable."

Griffin said it's her job, by law, to write the opposition language. She is not allowed to write a rebuttal to the other's language.