More than 50 vocal residents and a responsive town board threw a wrench in plans for a Walmart Supercenter in south Gardnerville on Tuesday night.
Gardnerville Town Board members voted unanimously to continue, indefinitely, a design review for the 152,495-square-foot superstore proposed for roughly 20 acres of commercial land along Highway 395, between Service Drive and Carson Valley Medical Center.
However, the town board acted in an advisory capacity only. Douglas County still has a Sept. 21 deadline to make a decision one way or the other regarding the application.
"It complicates the whole review process," Community Development Director Mimi Moss said on Wednesday. "If the applicant extends the time for our final review it would be helpful."
If not, the county will have to make a decision despite Gardnerville's continuance, Moss said.
"The question is how do we draft conditions of approval to ensure the town still has a view," she said.
Moss also said that a design review can be appealed to the planning commission within 10 days of a decision. However, according to code, appeals are restricted to "anyone aggrieved that has equitable interest." Moss said state case law identifies that as a person whose personal or property rights are adversely or substantially affected by the decision.
"There's a provision for anyone noticed of the design review hearing," Moss said.
That means owners of property abutting the project site.
"Usually, someone appeals conditions of approval, something specific relating to the approval," Moss said.
Town Manager Jim Park had recommended approval of the Walmart design contingent on more than 30 conditions, ranging from infrastructure improvements to architectural enhancements.
"Many in the community are concerned how this will fit in terms of our rural small town character," Park said.
Park said the proposed store is part of the Virginia Ranch Specific Plan. Originally approved in 2004, the 226-acre development included more than 1,000 residential units and more than 20 acres of proposed commercial use.
However, Park said the original plan called for village-like, pedestrian-themed commercial space compatible with downtown Gardnerville, a design element Town Chair Paul Lindsay felt was missing from the proposed Walmart.
"It's still a 3 1/2-acre box," said Lindsay. "It doesn't meet what we were striving for in the original plan, in my opinion."
Michael Quattrone, an architect representing Walmart, brought new schematics to the meeting, which he said were a product of discussions with the town.
"We think the plans are unique and address Douglas County and Gardnerville standards," he said. "Please have an open mind. There are a lot of different ways to approach any problem."
Quattrone said one criticism of the original design was that it was too monolithic. He said in response, to help obtain a more pedestrian-friendly look, the facade of the building was broken up by split-faced masonry, different masses with varying roof lines and arches, metal canopies, tile insets, stone wainscoting and "night-friendly" decorative lighting, among other things.
"I think we've done a good job reducing the scale," Quattrone said.
However, members of the public disagreed.
"Walmart spoke at length about changes to their design, but really they are minor nuances," said Gardnerville resident Margaret Pross. "You guys (the town board) have worked so hard on the town guidelines and have put in a lot of work on the Virginia Ranch Specific Plan - hold them to the line."
"The only kind of aesthetic question is what color of plywood to use when closing up shops downtown - because Walmart will be killing this town," said project opponent Mark Stevens.
For many in the audience, Tuesday's meeting was more than a review of the store's design; it was an opportunity to voice opposition to what they believe will be detrimental to the Valley.
Gardnerville resident Richard Walter, along with his wife and daughter, told board members that he had put his life savings into Cooks Pantry, a retail shop in Gardnerville that closed last year.
"We are losing our businesses down here," he said.
He said part of the required findings for approval is that the project preserve the small town atmosphere and not have a negative impact on neighbors.
"This (Walmart) will be the nail in the coffin that buries Gardnerville," he said.
Pross, also the vice chair of Main Street Gardnerville, the nonprofit revitalization program, addressed upset business owners in the audience.
"People are in tears over what's going on, but we're here for you," she said. "We'll continue to work with you to revitalize Gardnerville."
Other people had legal issues with the project.
Scott Brooke, attorney for Mark Smith Les Schwab Tires, said a proposal to build a median on Highway 395, limiting shared access to the tire store and Walmart to right-in/right-out and left-in only, would disrupt traffic circulation on the Les Schwab property.
"It violates easement provisions in the parcel maps created for the property, and it needs to be addressed," he said.
The Nevada Department of Transportation has requested left-turning traffic be rerouted to proposed side streets, a measure that would impact delivery trucks and Les Schwab customers who live in the Gardnerville Ranchos, Brooke said. He said only two access points, both allowing right and left turns, were designated along the Les Schwab property in the parcel maps.
"This was to protect the property that was bought and has been running successfully for the last 15 years," Brooke said.
He requested the town board continue the design review to allow more time for both parties to resolve the issue, something that town board members were willing to do.
"I have nothing against Walmart," said Town Vice Chair Tom Cook. "But these things have to be satisfied. This has to be done right."
Town board members agreed more time was needed to review the new schematics and resolve issues with neighboring property owners.
"Your voice has not fallen on deaf ears," board member Robin Bernhard told the public.
However, attorney Mark Forsberg, representing owner/developer Sierra Nevada Southwest, said the Walmart property is zoned general commercial, and that zoning must serve as a legal guideline.
"It's not a subjective question," he said. "The question is if the laws were followed, and if the design has been in accordance with code. It has."
