Appeal only route to Walmart public review

EDITOR:

As reported, the only approval now required by the county for the Walmart project is design review. This is normally an administrative process handled by county staff, whose decision is appealable to the planning commission.

The county has the authority under its regulations (Section 20.614.050.B) to refer the design review to the planning commission for public hearing and decision, but it appears it will not do so.

Thus the only hearing on this matter was the one held by the Gardnerville Town Board on Sept. 1, unless someone appeals the staff's decision. That's unfortunate because the town's role is strictly advisory and I'm sure many residents would appreciate the opportunity to hear from and address county officials directly on this matter. As it stands now, that will happen only if someone files an appeal and pays the appeal fee, around $500.

The staff apparently intends to make its design review decision on or before Sept. 21. Comments should be submitted in writing as soon as possible to Douglas County Planning, P.O. Box 218, Minden, NV, 89423.

Residents may also write planning to be added to the mailing list to be kept informed of actions on this project. And you may call the department with questions.

To approve the project the county must make seven findings outlined in the county code (Section 20.614.040). Paraphrased, they are that the project: (a) is consistent with the master plan and zoning regulations; (b) is made compatible with adjacent neighborhoods by mitigating adverse impacts, such as traffic, noise, odors and visual nuisances; (c) will not create pedestrian or traffic hazards or conflicts; (d) incorporates improvements to reduce traffic impacts; (e) incorporates features to minimize other adverse effects; (f) is not located within an archeological study area; (g) complies with design criteria and improvement standards; and (h) will not be detrimental to the public health, safety, convenience or welfare, or result in material damage to other property.

If any of the findings cannot be made the project should be denied. Likewise, any appeal of a design review approval should be based on the findings, though it could raise other issues.

Having said that, design review is more about how, rather than whether, a project should be built. For instance, should a given amount of retail space be concentrated in one big box or dispersed in more of a town center design?

To research the findings I suggest starting with the master plan and zoning regulations (they're online) and the Virginia Ranch Specific Plan (contact planning) looking for ways the project is either consistent with or conflicts with adopted policies. For example, our plans contain policies about the kinds of commercial development that should occur here. From reports in The R-C, it sounds like the specific plan may contemplate more of a town center than a big box design for Virginia Ranch.

Finally, there is a deadline for appeals and they take time to prepare. So anyone considering an appeal should contact the planning department now to learn the requirements for filing it.

Terry Burnes

Gardnerville