The site of a project proposed in the northeastern corner of the Gardnerville Ranchos.
Photo by Kurt Hildebrand.
A settlement with the developers of a project along the northeastern flank of the Gardnerville Ranchos was approved 5-0 by county commissioners on Thursday.
The owners of Ranchos LLC filed a lawsuit seeking judicial review and damages shortly after commissioners denied the project in March.
Those lawsuits are still proceeding in Douglas County District Court.
Under the agreement, commissioners would still need to approve the second reading of an ordinance creating the project and changing the zoning from 8,000 square foot lots to 12,000 square foot lots.
As part of the settlement, the developer would pay $60,000 for safety enhancements on Riverview Drive and drop the legal action.
County Deputy District Attorney AJ Hames said the 12,000-square-foot zoning was the least dense available in the receiving area.
He said that the county does not define urban development in the master plan.
The project was originally approved in 2002 for 8,000 square foot lots, which would have permitted 95 units, but that the project was never started and its approvals expired.
Hames said that if the court rules against the county, it could be liable for damages and court costs.
Ranchos LLC attorney Brad Johnston said the lawsuit was a zero sum game.
“Once it gets a result, you can’t get out of the lawsuit,” he said. “It was a compromise. We hope you approve it. If it’s not approved we go back to the courts and let them decide.”
Commissioner Danny Tarkanian said he was happy the settlement recognizes work required on Riverview Drive through Carson Valley Golf Course.
“I like the changes they are talking about, I think it will be a win-win across the board,” he said. “I would have liked to see better compatibility to make those lots on the north side a little bigger.”
Commissioner Mark Gardner called it the lesser evil of the two plans and Sharla Hales said she felt the plan was better than the one in March.
“I appreciate the developers’ willingness to have discussions,” she said.
Gardnerville Ranchos General Improvement District Chairman Jim McKalip pointed out that Ranchos LLC owns a large amount of property along the east and south sides of the Ranchos and it’s all designated receiving area.
While receiving area can accommodate densities of up to 16 units an acre or commercial projects, developers must obtain rights from owners of agricultural property in order to increase density.
“We always see it in small packages,” McKalip said. “If presented 2,000 homes at one time then we could make them redesign the bridge or build another bridge. We don’t get the real impact of what this receiving area will do because it is in small increments.”
Ranchos Board member Dan Sheridan advocated for having a master plan for individual communities.
“Once we have a master plan, we can do a cost analysis and create an impact fee committee,” he said. “Once we have a leg to stand on it’s not so arbitrary and we can do better planning up front with the communities.”
An ordinance approving the zone change and planned development must return to commissioners for a public hearing and second reading on Dec. 5.
