Nine 47 Tahoe Blvd. Condo Subdivision

September 2, 2023

The Washoe County Planning Commission meeting on September 5, 2023 includes a public hearing and possible action to approve a tentative subdivision map for a 40-unit residential condominium project containing 830 sq feet of professional office space on an approximately two-acre site located at 941 and 947 Tahoe Blvd (Tentative Map Case Number WTM21-012 Nine 47 Tahoe).

The Washoe County Tahoe Area Plan was amended by Washoe County in January, 2023 and by TRPA in June, 2023 to allow for airspace condominiums in Incline Village Special Area 1 (SA1 ). This area is the town center of Incline Village. To view the map showing all of Incline Village zoning, including SA1, click here.   The text of the TRPA amendment is more detailed in respect to mixed-use and deed restricted affordable housing than the Washoe County text (see below).

The Washoe County Planning Department stated, “The mitigation measures adopted by TRPA for the Area Plan amendment are under TRPAs authority to enforce. These mitigation measures were not adopted by Washoe County Board of Commissioners; therefore cannot be a requirement of the requested tentative map before the County. However, the mitigation measures will be required prior to TRPA approval of the subdivision.”

Thus, this hearing will consider only the Washoe County amended text, not the TRPA text.  Per the staff report, 830 sq feet of professional office in a building with 40 luxury condominiums fulfills the requirement of mixed-use.  Affordable housing is not included in the staff report for this hearing.  

There are also concerns regarding the safety of the closest intersection at SR28/Southwood/Northwood (east).

Washoe County Ordinance:

Title: An ordinance amending Washoe County Code Chapter 110 (Development Code), Article 220 (Tahoe Area), Section 110.220.145 (Incline Village Commercial Regulatory Zone Special Area 1) to add single family dwellings, limited to air space condominiums, as an allowed use in Incline Village Commercial Regulatory Zone Special Area 1; and to amend Section 110.220.150 (Incline Village Commercial Regulatory Zone Special Policies) referring to land use to add Tahoe Area Plan Policy LU2-9 [Single family dwellings shall only be allowed in the Incline Village Commercial regulatory zone when they are part of a mixed-use development or when they are affordable housing units] as a special policy; and all matters necessarily connected therewith and pertaining thereto.

TRPA approved Amendment:

Single Family Dwellings only allowed when associated with an approved tentative subdivision map of a multifamily structure or structures into air space condominiums. Subdivision of a mixed use structure or structures shall be subject to the following requirements:

1. Structure(s) shall be designed to accommodate pedestrian-oriented nonresidential uses on the ground floor street frontage at a minimum average depth of 40 feet, but in no case less than 25 feet, for a minimum of 60 percent of the ground floor frontage. Adjustment to the location of pedestrian frontage can be approved administratively if site conditions (e.g., slope, lack of right-of-way, etc.) prevent placing it on the street. The mixed-use structure(s) shall have a maximum floor area ratio (FAR) 1.3 not subject to density limits. Unoccupied areas such as basements, parking garages, stairs, and elevator shafts shall be excluded from the FAR calculation.

2. Permissible pedestrian-oriented non-residential uses include, but are not limited to, retail, restaurant, personal services, office, and entertainment uses. Lobbies, gymnasiums, sales offices, management offices and leasing offices may be included if they are open to the public.

3. Structure(s) shall include deed-restricted residential units. Deed-restricted units shall be substantially similar to the project’s market rate mix of units, size, and design of units. However, two or more affordable deed-restricted studio units may be substituted for any required larger deed-restricted unit if the combined square footage is similar. In addition to the above stated requirements, deed[1]restrictions shall meet one of the following alternatives:

a. No less than 10 percent of residential units or at least one unit, whichever is greater, shall be deed-restricted affordable or moderate[1]income housing. Where there is an even number of deed-restricted units, affordable and moderate-income housing may be deed-restricted on a 1:1 basis. Where there is an odd number of deed-restricted units, the majority shall be deed-restricted affordable. Deed-restricted units may be built on site or elsewhere within Special Area-1. Deed-restricted units must be built before or concurrently with market rate units.

b. No less than 10 percent of residential units or at least one unit, whichever is greater, shall be deed-restricted achievable units. Deed[1]111 AGENDA ITEM NO. VI. B. restricted units must be built concurrently on site. An offsite parcel in Special Area 1 with an equal or greater unit capacity, less any mixed-use space on the first floor, as the project site must be deed-restricted affordable. After building the full unit capacity of affordable housing units on the offsite parcel pursuant to this subsection, TRPA shall, upon the developer’s request, release the achievable units from the deed restriction.

4. No minimum parking requirement. Parking and vehicle access shall be designed to limit conflict with pedestrian circulation along the ground floor frontage.

5. No more than 20 linear feet of the street-fronting façade may be blank or featureless.

6. The ground floor and street frontage shall be designed to promote pedestrian accessibility such as transparent façade, ground floor ceiling height no less than 10 feet, pedestrian-oriented street-facing entry, sidewalks, and other pedestrian improvements.

These requirements shall apply until TRPA adopts an amendment to the Code of Ordinances defining and setting minimum standards for mixed-use development at which time the Code shall apply, and requirements 1, 2, 5, and 6 shall be automatically repealed.

Buildings in Special Area 1 that have received a permit from TRPA on or before June 30, 2023, are not required to meet requirements 1, 2, 5, and 6.

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