FEIS - Tahoe Regional Planning Agency
FEIS - Tahoe Regional Planning Agency
FEIS - Tahoe Regional Planning Agency
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RESPONSE TO COMMENTS ON THE DEIS<br />
B o u l d e r B a y C o m m u n i t y E n h a n c e m e n t P r o g r a m P r o j e c t E I S<br />
Comment Letter 286 – Morkner Brown, Christina, North <strong>Tahoe</strong> Preservation Alliance,<br />
02/03/2010<br />
Comment 286-a: Comment Summary - Alt. C will cause a significant increase in the density, mass and<br />
height of buildings. Height exceeds TRPA and NSCP limits (42 and 38 feet,<br />
respectively) and requires a code amendment. There will be a significant increase in<br />
units. Square footage increases from 110,000 to 475,000.<br />
The density of Alternative C is consistent with TRPA Code of Ordinances Chapter 21<br />
and the NSCP. Proposed building heights exceeds limits currently allowed in TRPA<br />
Code Chapter 22. The Project includes a proposed Code Chapter 22 amendment that<br />
would allow for the consideration of building height included in Alternative C.<br />
Analysis provided in DEIS Chapter 4.5 concludes that proposed building heights<br />
would not result in significant impacts. However, if the proposed Code Chapter 22<br />
amendment is not adopted, proposed building heights would have to be revised to<br />
meet existing or amended regulations. Alternative E includes building designs that<br />
meet existing limits in Code Chapter 22. There are no additional restrictions with<br />
regards to height in the NSCP.<br />
Comment 286-b: Comment Summary - What authorizes TRPA to amend the Code for one project to<br />
allow multiple buildings to exceed current TRPA height limitations?<br />
The TRPA Rules of Procedure authorize TRPA to amend the Code of Ordinances if<br />
appropriate submissions and environmental documentation are provided and a public<br />
hearing is held. Article IV Section 4.8 of the TRPA Rules of Procedure states:<br />
“Consideration of Plan and Ordinance Amendment Requests: Proposals for<br />
ordinances and amendments may be made by TRPA or other interested persons or<br />
entities, including public interest groups and government agencies. For proposals<br />
which the Executive Director deems appropriate for submission to the Board, the<br />
Executive Director shall cause the appropriate environmental documents to be<br />
prepared and public hearings, where required, to be held.”<br />
Amendments to the Code may be made through the procedure referenced above.<br />
Between August 1987 and March 2010, 271 Ordinances have been passed that amend<br />
various sections and subsections of the TRPA Code of Ordinances. Amendments to<br />
Chapter 22 Height Standards have occurred since 1998 and as recently as January<br />
2010. Many of these amendments were proposed along with a specific project.<br />
The proposed amendment to Chapter 22 of the TRPA Code of Ordinances would<br />
allow only Community Enhancement Projects within the North Stateline Community<br />
Plan to receive additional height up to 75 feet subject to specific setback<br />
requirements and finding requirements. This is an increase of 27 feet over what is<br />
currently allowable for Tourist Accommodation uses pursuant to TRPA Code Section<br />
22.4.B. An evaluation of the effect that the proposed amendments may have on the<br />
scenic thresholds was completed as part of the Draft EIS. The evaluation reports that<br />
there would be an improvement in the Scenic Travel Route Ratings of 1.5 points for<br />
the Alternative C development proposal.<br />
In context with the other Tourist Accommodation structures within the NSCP, the<br />
current <strong>Tahoe</strong> Biltmore (to be demolished) is 76 ft tall and the Cal Neva is 122 ft tall<br />
(located 825 ft from the Biltmore). The seven-story Brockway Springs condominium<br />
tower (+90 ft tall) is located 2,700 ft from the Biltmore and is located on the shores<br />
PAGE 8- 66 HAUGE BRUECK ASSOCIATES SEPTEMBER 8 , 2010