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"Stal-Mart" Wakes Up Residents...Again

by the editor

The following information is provided by the editor and is intended to be informational only and readers are encouraged to do their own research and come to their own conclusions.

Jump To: Readers Comments and Discussion

 

Just a couple of months after the neighbors of a New Washoe City commercial stable took the matter to the county commissioners, another "Stal-Mart" has sprung up in the neighborhood. Continuing what seems now to be a trend in NWC, property owners are erecting large, industrial-looking steel buildings and opening "Commercial Stables" as they are called in the county development code. The county code allows commercial stables in Low Density Suburban zoned areas such as NWC by a special Administrative Permit process.

Background

The property for the "Twisted Sisters Stable" is located at 3180 Clark Drive at the intersection of Magpie Way. The property is about 10 acres and was part of a previously undeveloped "tongue" of land extending westward from Eastlake Blvd. Since this land is adjacent to the Jumbo Creek ditch, some neighbors assumed the area was a floodplain and thus undevelopable. Over the last several months, however, the extreme western portion has been cleared of sagebrush, leveled and a very large steel building has been erected. Nearly to the day that the building was completed, the neighbors received notice from the county that the owners were applying for an "Administrative Permit" to operate a commercial stable business on the property.

Today, January 28, 2006, the neighbors received a subsequent letter from the county stating that the application for the permit had been postponed to a later date. I called Kelly Mullin, Assistant Washoe County Planner, 775-328-6187, and asked about the delay. She said there were issues to be straightened out and that the application may be on the agenda for next month.

The Process

I researched the development code on the county website and found the following information using the county's "Official Notice of Public Hearing" on the matter as a guide. Apparently, "commercial stables" are allowed in Low Density Suburban" zoned areas (generally, LDS areas stipulate a minimum of 1 acre parcels).

 This information on commercial stables is found in Section 110.304.25(c)(2):

 

Further checking in the tables that show what commercial facilities are allowed in LDS zoned areas do indeed say that commercial stables are allowed by Administrative Permit.

Administrative Permits

Some uses, such as commercial stables, are required to be approved by the Administrative Permit Process. The process involves a public hearing before the Washoe County Board of Adjustment. The purpose of the permits is described below:

This is what the review tries to determine with the recommendations of a report and study compiled by county planning staff and input of  the public in written statements or oral statements submitted at the public hearing:

 

What the board does:

or

  • The decision of the board can be appealed (with a filing fee).

  • If the conditions of the permit change, the permit can later be modified.

  • A time period for the permit can be specified in the permit. If it is not, it is good for 2 years.

  • A permit can be revoked if the conditions of the permit are violated by the judgment of the board.

 

Discussion

What conditions must this stable meet? As you can see from the excerpts of the county development code above, the project must "be compatible with the residential character of the area."; "must eliminate, mitigate or minimize to an acceptable level any potentially adverse effects of a use"; and to make sure it will not be "significantly detrimental to the public health, safety or welfare; injurious to the property or improvements of the adjacent properties; or detrimental to the character of the surrounding area."

The devil is in the definition of all the words above, of course. Does the potential loss in property values by having a warehouse-type building next door count? Does the potential damage to the fresh-water aquifer count? I think that the passion of the neighbors probably weighs more than the exact definitions.

What are the possible negative consequences of this project? Here are a few:

  • Damage to the aquifer from the sewage created by 15 horses. The UNR Cooperative Extension publication "Animal Waste Management For The Horseowner" estimates that a 1000 pound horse will accumulate 2 cubic feet of manure and soiled bedding per day. That is potentially 30 cubic feet per day or 45 -50 pounds per day per horse. So this is potentially 750 pounds of manure per day for this proposal. Several UNR Cooperative Extension publications cite animal waste as potentially damaging to residential wells. One of the complaints of the neighbors of the Rocking J Arena was the constant sound of the tractor collecting and spreading loads of manure.
    • Will the manure be stored and processed on site or removed to another location?
    • What Best Management Practices will be followed?
    • If removed, how often?
    • What smell and fly mitigation will be done?
    • Where will the manure be stored?
    • At what hours/days of the week will tractors be used?
    • That also equates to about 4 gallons of urine per day.
      • Is that enough to potentially negatively affect the surrounding residential wells in the area combined with seepage from manure or a possible residential septic tank on the property?
      • What is the distance and depth to the surrounding residential wells?
      • What is permeability of the soil?
    • What will be the smell impact of 15 horses plus 5 in classes and the associated manure and urine?
      • What is the plan to mitigate the smell especially to those homes downwind of the prevailing winds?
    • What will be the impact of flies and other insects associated with the horses and manure?
      • What is the plan to mitigate the insects?
    • What will be the impacts to surface water quality?
      • Jumbo Creek lies along the north property line of the parcel and flows to Washoe Lake.
        • What mitigation techniques will be employed to prevent manure and urine from reaching the creek and eventually the lake?
  • Dust caused by vehicles and horse related activities.
    • The UNR Cooperative extension publication "Animal Waste Management For The Horseowner" states that dust from horse operations can be a nuisance to neighbors and equestrians and even detrimental to the health of horses and riders.
      • What dust mitigation measures will be employed at the facility especially considering that NWC is a dry, wind-prone area?

The UNR Cooperative Extension Publication "Suburban Horse Keeping" has this to say about Sanitation:

  • We're sure individual homeowners with one or two horses take pride and care in the sanitary aspects of keeping horses, for after all, their residences are usually the closest the the effects. But how can the neighbors of this enterprise be assured of the responsible horse keeping of 15 horses by absentee owners?
  • Increased traffic to and from the facility. The owners propose boarding 15 horses and providing lessons for up to 5 riders at a time.
  • How will the arrival of potentially 5 trucks and trailers for lessons affect the peace and serenity of the neighborhood?
  • How will the transportation needs of 15 boarded horses affect the peace and serenity of the neighborhood?
  • What are the secondary traffic impacts?
    • Manure removal?
    • Horseshoeing/veterinary services
    • Spectators
    • Employees
  • Increased noise
    • Will there be sound amplification devices used?
    • What will machines will be used on the site including tractors, and when?

 

  • Visual impacts
    • How does the construction of an large industrial-looking steel building impact the visual enjoyment of the neighbors of their property? Views are an established important part of property values in New Washoe City and Washoe County as a whole. The Washoe County Assessor places a premium on views when valuing homes.
  • How will the owners of the property mitigate the visual impact of the building already built?
  • Will security lights and night activities affect "dark skies" requirements?
  • Property Values
    • Will a large industrial-type building and associated commercial stables operation negatively or positively impact the value of neighboring homes?
      • Will potential buyers be turned off to a commercial business next door in an industrial setting?
      • Will potential buyers be encouraged by the availability of commercial boarding services in the neighborhood?

Conclusion

I think the vast majority of residents of New Washoe City accept and appreciate the "character of the community" which allows a large allowance for the exercise of personal property rights in the enjoyment and use of ones own property. This is especially true of the keeping of animals for personal use. For instance, my wife and I enjoy living in a neighborhood that counts a variety of dogs, horses, llamas and at least one "Washoe Canary" (burro) as residents. At some point, however, these uses begin to impact the adjacent neighbors and at some point a threshold must be reached. The keeping of multiple horses for commercial purposes closely adjacent to residential homes (although the parcel is 10 acres the building and corrals are arranged on the perimeter close to adjacent homes) seems to be beyond the scope of the "character of the community". Combine this with the potential impacts above and beyond what might be expected in a residential community in the areas of sound, smell, water quality, views and traffic and I don't see how this type of operation can be allowed. A Wal-Mart might have fewer impacts.

What property owners can do

Research the subject, visit the site and judge for yourself whether this project will or will not be a benefit to the community or whether the negative impacts are worth bearing for the benefit of the property owners. Pro or Con, you can use the following methods to voice your views.

  • In my conversation with Kelly Mullin, Assistant Washoe County Planner, she indicated that the planning department staff will accept written testimony for use in their staff report and that the matter will be submitted to other county departments like the Department of Health and Environmental Health Department. Evidently you can submit your views to these departments also and try to influence their recommendations.
  • Contact David Humke, our County Commissioner:  775-328-2005 or email from this page.
  • Appear at the upcoming public hearing and give testimony.
  • Contact the members of the Board of Adjustment directly. Go to this link and click on "roster".
  • Talk this over with your neighbors.

 

Readers Comments
 

January 22, 2007
Dear Editor

I find it interesting that the loudest voices in this "Stal-Mart"  debate exclusively
cite much law and quote much conversation with county officials to  support
their claims of "doom and gloom" with regard to the Twisted Sisters  Stable.
http://washoevalley.org/index.html

I have yet to read any comment from the editors about the facts of  the ACTUAL use
of the facility, or to read that anyone has actually contacted and  spoken to the
owners  Rebecca Jankovich and Warren Goedert , or the horse trainer
Kathy Chambless (read Twisted Sisters' letter to the editor dated  January 3, 2007)
to ask them to further explain their intentions with the property.   The law that has been cited
is just that.... the law.  I believe the intention of the owners is  to operate their barn
well within the limits of the law, not to stretch them to their  maximum and beyond,
as described in the incendiary comments and assumptions made by the  original complainant.

It's wonderful that we have a voice on this website to discuss what  happens here in our
valley, but I think responsible editing would also, at some point,  leave the "personal grudge
reporting" behind and offer information about the property owners'  ACTUAL intentions.

Leading the public on further perpetuates the misunderstandings that  cause conflict.
Direct and honest answers to our concerns about the legal usage of  private "valley property"
are first and foremost had with the owners themselves, don't you  agree?  The offer to call the
owners to discuss the ACTUAL usage was given in the "Letter to the  Editor" of January 3, 2007.
I challenge the editors to report not only on the law (we learn so  much about protecting
our valley's interests),  but also to report on the ACTUAL facts,  once they are presented.
To ignore them, and continue reporting innuendo and assumptions, only  inflames your false issues.

Thanks for your response. While I have come around and want everyone in New Washoe City to have a 80x200' steel warehouse building for a neighbor too, I have commented enough and will let the matter rest until there is more input or news submitted to washoevalley.org. All the the responses so far, from people in the equestrian community and who don't live next to the building, are overwhelmingly in favor.-ed.

 

Jan. 1, 2007
Dear Editor,

Wow! I just read your article about Twisted Sisters new indoor building. You compare the impact of this building and 15 horses to the same impact as Wal-Mart on that piece of property, ARE YOU KIDDING!!!!!
I am not even a Washoe Valley resident, I used to be, but moved a while ago and everything I am remarking about is as an outside observer.
Let me say as a horse owner that anyone who builds a building of this magnitude will take care of their horses, so there are no health issues. The building itself is legal and will remain regardless as to the business permit issue.  
It is a far site nicer to look at this building than many yards I have viewed as I drive around Washoe Valley. Have you happened to look at all of the personal JUNK YARDS there are in in the Valley. Why doesn't anyone take issue with that.
 This building will be clean and maintained and because it is an indoor arena the "dust issue" will remain inside.  However, the wind always blows in Washoe Valley so there is always a continual dust problem, more from the dirt bikes/Quads that run rampant through the valley illegally more so than horses. Also, these illegal bikes make more consistent noise than your tractor complaint, which by the way is legal. Don't forget that Washoe Valley is zoned agricultural, so why is it that non animal people keep moving into the valley and trying to change or force animal people out.
As far as your large amounts of truck and horse trailer traffic, you are completely off base.  Five horses in training do not equal five trucks and trailers an hour/day.  You have far less traffic with this single building than if this land was split into individual parcels and cars came in and out all the time.  These people are not applying for a special use permit to where there will be high volumes of traffic coming and going at all hours.  There will be no events at this facility only a single trainer taking care of approximately 15 horses.  Also since there will be no events there will be no loud sound systems or high profile lighting.
I really believe in the future when you write an opposition to something you should really research your facts a little better or contact someone (there are plenty of horse people in the Valley you could have contacted) to get a correct analysis as to what this building really means.
Sincerely
****** ******

Hi *****,
Thanks for reading washoevalley.org and taking the time to respond to the article and your views are appreciated. I'll post them anonymously as a counter-point to the article but I have to list it under "Responses From People Not Living Next Door To This". As with the Rocking LJ Arena, I'm expecting the owners to get all kinds of testimony on what a great asset this business will be and expect the immediate neighbors to "take one for the team" as our recently deposed Miss Nevada USA said about Yucca Mountain.
(ed.)


Rick,

 
For the past year, I have viewed your web site as a tremendous service to the residents of Washoe Valley. It is on my list of favorites and I visit it on a regular basis for valley news and pictures. But I am confused about your bias on the new Twisted Sisters arena. The arena is there legally, approved by the county and built to code. It conforms to the land use and zoning prevalent here in the valley, as you have mentioned. I expect it to remain despite the outcome of a special use permit. This looks to be a class facility. But you paint a doom and gloom picture regarding health issues, dust, noise, and odor. If the arena is approved as a commercial enterprise, the county could actually dictate more stringent requirements than if it were private. Look around the valley. How many horses are out there? Do you think everyone cleans their corrals daily and hauls out their manure once a week? NOT! Yet it is county code. Why pick on Twisted Sisters before you even know how they intend to operate. If they are private, they can bring in as many horses as they want without approval from the county and no one could stop them. How is 15 horses on a 10-acre lot more detrimental to the aquifer than 3 horses each on 5 one-acre lots? A boarding facility will use shavings that absorb urine and a disposal bin. The same with manure. Much more sanitary than most of the horse properties here in the valley. This valley is famous for dust when the wind blows, whether there are horses upwind or not. We get a lot of sand blowing from the lake's beaches, yet no one says do away with the lake. It's part of the environment. We live with it. It has never been proved that horses are the main contributing factor to nitrates in our wells. They occur more from natural causes and septic systems. I have 6 horses, not all mine, living within 300 feet of my well and it has never tested positive for nitrates. Of those 6 horses, 3 corrals are cleaned on a daily basis, 2 are cleaned weekly, and 1 has never been cleaned in 4 years. That one is not mine, nor on my property. Yet my well continues to remain clean. The corrals that are cleaned every day have just as many flies as the one that is never cleaned. If you are outdoors, you have flies. Again, a fact of life. My corrals are as odor-free as can be made possible. A health inspector once told me they were cleaner than my neighbor's kitchen. Why don't you call or email me and come for a visit? I will be glad to show you my barn and facility with 3 horses and you can judge it against the property behind me with one horse. Then tell me which you would rather live next to. You can get an idea of what is necessary to maintain a clean and attractive horse property. The number of horses on a property is not the issue, rather how they are maintained. I am told twisted Sisters has every intention of maintaining, a clean, quiet, low key operation that will have little or no impact on homeowners around them. If the neighbors are concerned with traffic noise, why aren't they complaining about the numerous illegal dirt bikes and loud stereos going by each day? My tractor makes much less noise than many of the trucks that roar up and down every day. I live within 5 houses from the arena. I just got my new tax assessment and I can guarantee this building did not decrease my property value. Again, contact me if you are willing to look at this issue from a horseman's perspective.

sincerely,

      *************

Thanks for the words of support for the website and I hope that will continue! My bias comes from being one of those who is two houses from a huge, ugly, steel warehouse surrounded by houses. Apparently from what you say, what is going to go on there is way out of proportion to the building. Your points on horse effects, care, private versus commercial are well taken. Assuming that the effects of the operation of the commercial stable will be minimal, we are left with the building. But this is New Washoe City, after all, and some of us start to take a little too much pride in it. The beautiful backdrop of mountains, sky and lake deludes us into thinking we really live in a nice place and we come to expect a little too much.

When my wife and I first drove into the valley several years ago, she was "put-off" by the various "yard collections", "projects in progress", creative choices of house color, style and type of dwelling throughout the neighborhood. My reaction was a little different. I thought, "Cool! If I want a bunch of unfinished projects, a car collection, wild colors, barking dogs and farm animals, I could do it too!" (Even my giant silver mine replica is still on the drawing board for the "lower 40".) We have to keep in mind that is the real "beauty" of New Washoe City.

We have also come to respect the various ways everyone else indulges their whims, hobbies and lifestyles. It really isn't fair to have your mini ranch and criticize those whose interest is loud trucks and stereos (and vice versa). To each his own, right? Anyway, everything has its limits and to the neighbors immediately surrounding the "steel monolith" such a big building is over the top especially for someone's business.

It really doesn't matter that the building is for horses, a noble and honorable undertaking for sure. No one is against horses or horsepeople. The building could be for a factory, auto repair, warehouse, swap meet- any type of business at all, really. So if we are going to allow that kind of a building, why not just let any business in? If you can put up the building, who are we to dictate what you can do inside it? That's not a bad idea actually, with gas prices always going up. Many of us could work and shop right here. We could be an industrial park with houses.

Sounds far-fetched but we never thought we would see a huge commercial warehouse next door either.

I would have liked to have "checked my facts" but there was never any public forum or source of information leading up to the actual building of the building that I am aware of. The property never even had a "For Sale" sign on it. I appreciate the information that is now coming in, though.

The "back fence" neighbors can't seem to win as far as complaining either. Without information, and with such a huge building, it is normal to fear the worst but I don't like to complain without knowing the whole story either. On the other hand, at the August 3, 2006 Board of Adjustment Meeting which included the neighbors complaint about the Rocking LJ commercial stable on Lakeshore, board member Philip Horan "noted that none of the opponents present objected initially to the building of the arena", which I  take to mean he didn't think their subsequent complaints were valid.

by the editor, Jan 3, 2006