we go hi everybody thank you for joining us for the Reno City Planning Commission regular meeting on Wednesday May 17th we will start with the Pledge of Allegiance item number one uh commissioner Munoz will you lead us please one nation under God indivisible with liberty and justice for all great moving on to item number two roll call Michelle please [Music] JD draculic here Harris Armstrong present Peter Gower Mark Johnson he's absent Arthur Munoz here and Sylvia Villanueva here oh and Alex velto absent we have a quorum thank you moving on to item number three public comment uh this item is for either public comment on any action item or for any general public comment do we have any requests to speak forms it should be noted for those in the audience that comments are to be addressed to the Planning Commission as a whole comments heard under this item will be limited to three minutes per person and may pertain to matters both on and off the Planning Commission agenda please note that the Planning Commission may not take action upon any matter not agendized or possible action on today's agenda when you are called on for public comment please state your name for the record and begin speaking the timer will begin when you say your name and you will be afforded three minutes if you are an attendee in the zoo meeting and would like to make public comment at this time please raise your hand lastly while in this room please be respectful warnings will be issued by the presiding officer if there is disruptive behavior and you'll be asked to leave Chambers if the behavior continues did we no public comment was received no voicemails were received and no requests to speak forms either thank you very much and there's nobody on Zoom nobody on Zoom thank you is anybody in the chambers wish to speak in general public comment seeing none we will close item three public comment move to item number four approval of minutes item 4.1 Reno City Planning Commission regular meeting of April 5th okay okay we'll entertain discussion about the minutes or a motion for approval motion to approve the minutes from April 4th for fit motion to approve the minutes from April 5th right we have a motion so second Motion in a second all in favor any opposed great minutes approved moving on to item 4.2 Reno City Planning Commission regular meeting of April 19th minutes commissioner Villanueva I have to abstain I was not present thank you for a motion of approval of minutes from April 19th uh Mr chair I moved to approve the minister April 19th all right we have a motion all second oh we have a motion and a second all in favor aye aye is there Court was there a report do we have a quorum with four on that if we do yeah yes yeah sorry I figured we did that I'm bad at math that's okay all right those minutes from April 19th are approved closing item number four moving on to item number five we do have a presentation by the Truckee Meadows Water Authority on the source water protection program thank you all right good evening Commissioners Cara steelen from Turkey Meadows Water Authority for the record so I'm just here to provide a brief presentation on our source water protection program and Reno's role in that program for the last few years Nathan asked me to just provide a brief update on the implementation of that so I just wanted to quickly start out with an overview of why Source water protection is important to tamwa as I'm sure all of you know we serve approximately 440 000 residents in Reno and Sparks and Washoe County um 80 to 85 percent of our drinking water comes from the Truckee River the other 15 to 20 percent comes from Tom was 90 production Wells and um we rely on a lot of collaborative Partnerships because we don't own most of the land around our sources of Supply so we rely on Partners to help us protect those sources so with that in mind um with ndep's support in 2020 we created this plan with this very long name but it's an integrated Source water and watershed management plan for the Truckee River and Public Water Systems in the Truckee Meadows so there are other Public Water Systems in the region they're all very small so we're the primary one um and that is that plan is accessible it's mostly online it's available at Washoe County cleanwater.org there's a great mapping tool in there that shows Source water protection areas and different project profiles and again that was completed in 2020 with a large variety of stakeholders and one of the key implementation actions that we first sought after completing that plan was to work with City of Reno to update the code prior to this update we didn't really receive any notification if there were businesses with potentially contributing uses is what we call them but things that are a potential concern for contamination of groundwater or surface water supplies we didn't really receive notification unless there were businesses within 150 feet of our wellheads which is ndep's protocol and so what we did is we worked with Nathan and others to update that code and so now what we do is we receive basically a notification from businesses that are a moderate to high risk of contamination obviously some of these are are less risky than others um but we did start receiving notifications in 2021 from any businesses in Reno that could have one of these potentially contributing uses and so for that notification process we wanted to keep it as easy as possible for City of Reno staff and not increase permit review times or really staff time at all so what we did is if there's a use of one of those businesses that's under one of those use types they have to notify tumwa at um we created like a little registration webpage on our our tumwa site and then that business or that applicant would receive an automated email after submitted to include with their application packet to City of Reno and so that's all they have to include with their application and then on our end we do the work of reviewing to determine if the business is a potential concern from a course Source water protection standpoint and so I'm going to talk about a little bit more about what that actually means so this schematic is sorry it's kind of hard to read but um this is a schematic and if you go to that website Washoe County cleanwater.org you can actually see all of the source water protection areas for the region and so the the purple area is a larger broader Source water protection area that helps us potentially protect any sources that we might create in the future if we're going to drill new wells um basically or look at new tributaries for a source of supply and then the the more specific areas that we're concerned about are these critical Source water protection areas so those those green and orange blobs those are representing our Wellhead capture zones so at the center the orange blob would be a well head and then basically the travel times there or the capture zones so if a contaminant was to spill in that 20-year capture Zone it would take basically 20 years for that that or that contaminant to seep through the groundwater and into our drinking water supply so that's why those are critical Source water protection areas and the same for the river we did a 300 foot buffer on the river and 150 foot on the tributaries and this is all basically Upstream of our Glendale Water Treatment Plant intakes and then obviously Oliver Wells throughout the region and so what happens is when a business comes in on our side basically we have a filter set so if it's in one of these critical Source water protection areas it gets ranked as a really high rating and that's what we look at and then what we can do is we can contact those businesses so um we don't have any regulatory Authority uh so all we can do is really provide education and Outreach but in 2022 we receive notifications from 118 business license submittals just in City of Reno and those were the ones that were filtered through also the geographic filter so it's not all of the ones we would have received but the ones that were potentially concerned with and we contacted 37 of those businesses in critical Source water protection areas the graph here just kind of shows you a distribution mostly we saw a lot of like storage small warehousing um and then we're obviously kind of concerned when we see like Auto Service and Repair those are things that we're particularly concerned about new gas stations cleaner commercial cleaners and here you can kind of see the distribution of all of them we received again there's the ranking so our our GIS staff did an amazing job of creating this system where we can just see our ranking and which ones we're most concerned about and so these were the businesses we actually contacted um for the most part that contact just looks like us reaching out with an email potentially a phone call letting them know kind of putting them on notice you're in a critical Source order protection area this is key for our drinking water supply um you have to follow All State local and federal regulations in terms of things like best management practices secondary containment chemical storage so we don't have a lot of like I said we have no regulatory Authority when it comes to the source water protection piece but we at least now know where these businesses are located and have provided some education and Outreach there are a few businesses we've reached out to and actually gone on like a site visit and checked in to see you know what else we could do to potentially protect Source water and that would be like a business we're extremely concerned about um so in summary this has just been a as far as we've heard from City of Reno staff it's been a really easy process we've had a very few issues with our submittal webpage it's worked really smoothly on our end as well and it's been super successful at helping inform Tomah about potential issues in our critical Source water protection areas so hopefully helping us prevent future Source water contamination and because of city of Reno's participation in this and we really appreciate it we are trying to expand this effort to Sparks in Washoe County's review processes because it has been very successful with few hiccups or issues and so with that I'm happy to take any questions or comments any questions from commissioners commissioner Villanueva please hi um are those Maps available was that I mean those are super useful or where can I get yeah I'm I'm happy I don't know if that I don't think that summary was included in the packet but I'm happy to distribute that and then again if you want to see the larger Source water protection area is um those are available online but I can distribute that any other questions okay great thank you for your time appreciate it very much all right we will close Mr chair yeah can we um pause the meeting for just a few minutes we have code enforcement trying to log in for this item this next item okay we'll take a five minute recess to take care of that day okay French toast systems is foreign foreign we have today and I was eating display yes boys we have one of them selves yeah for you right now stay straight foreign can you hear us Alex can you hear us yes I can thank you so much okay we'll come back out of that short recess and we'll open up item number six public hearings any person who has chosen to provide his or her public comment when a public hearing is heard will need to so indicate on the request to speak form provided to the secretary alternatively you may provide your comment when item three public comment is heard at the beginning of this meeting we will now open up item number 6.1 with a presentation from the applicant foreign Commissioners John krumpatic with kls planning representing the applicant and owner uh in tandem here um Steve Buck is the original developer of the property almost 30 years ago he's with me this evening you know uh the tenant is bighorn in the applicant but Steve has a great knowledge of the history here and might be helpful if you have any questions uh directed to him [Music] this is always a challenge let's see how's that is that okay you hear that okay I just wanted to be fairly close to good thank you um so this is of course a request for an aec and major site plan major site plan review the real issue as I state in this summary is the condition four that was established 28 years ago about Landscaping and that stated prior to the issuance of a building permit the applicant shall submit a final landscape plan and an irrigation plan to the satisfaction of Community Development staff and here we are 28 years later with as you all know a code violation that evolved to this app these two applications I wanted to show about the Landscaping there is now a covered patio of which I'll get to but it's what's interesting and important to note here is that that was the Landscaping the extent of Landscaping on the applicant side of the wall prior to getting the legal permitting for the canopy and the establishment of the patio as we know it today so you see just a little bit of a cover there and then some shrubs that were established prior to the full condition we have today current patio conditions there's the wall Bighorn covered patio heaters picnic tables and so on a lot of seating it's give you a little more uh exposure to those that's licking it from a different perspective on the right you would see those are the TVs that have been established part of a condition of approval as we have agreed to with staff and then in the foreground of the current of the photo to the left is the kind of recreation and cornhole area looking across over the wall you see the two single family residents is what we're really trying to show here is there's about a five foot vertical elevation change that works in favor of uh the situation that we have so one looking toward Bighorn on the left and then looking the opposite way at the house from the patio are better a solution to make it better the reason we can say that is because we're dealing specifically with noise abatement and with better screening in the proposed set of design criteria so there's a concept of the hedge of which we're putting on top excuse me in front of the wall with a narrow planter area the idea is to have a solid screen that would go two to three feet above the wall and then you would see the acoustical panels as as suggested by the acoustic study Luke sax will be in his recommendation for the noise mitigation part of this in plan view so you can see the patio fairly well amenitized we have the existing landscape in that area that is a break in the Hedge and and then all the different elements of fire pit seating area horseshoes existing landscape a little bar area and a patio of which would be the smoking area to the right and and adjacent to the building there West Side so that is as you're standing out that North West Corner we did get permission as noted in your staff report from the adjacent property owner to allow us to plant trees on that side so you can see in that 27 foot area we have several different varieties of juniper trees the idea is it sits about four feet higher would be a lot more impactful a time of planting and um and a little more of a solid screen was the intent there I think it works best for both properties in working through that line of sight different perspective on how we can see that drop down that's sitting from the patio elevation it is today somebody imagined sitting in a dining room table or a picnic table out there looking towards a site you can see line of sight projects right over the top of the Hedge that was the idea there so that was somehow influenced the Hedge planting and the Hedge design as we have proposed this one's got a lot going on this is the view of the wall from the residents but you can see we have the lowering of the speakers the projection of where the Hedge is going to be the top of the building and the idea is that everything that needs to be screened is screened in that image there are some existing mature trees that serve a lot of purpose as well as far as visual screening goes but of course those are all deciduous trees and just effective during um well now this time of year in plant season and growing season average Wall height you also see that and I'm sure you'll hear from staff but we it does stagger because we got elevation dropping one way another way and then steps in the wall so it varies from five and a half to I think about seven feet there's the standards that we have proposed and agreed to and working through this with staff in very quick summary fashion the noise attenuation is to lower the speakers so they're no more than six feet above uh the floor install the acoustical panels first time in many years of doing this that I've seen that I thought it was a brilliant solution I'm completely confident in spending time with this expert that we're doing the right thing and and and establishing the most proactive noise mitigation solution that we can and then those fiber boards underneath the patio is number three the visual screen keeping the existing wall the landscape hedge that I mentioned in number two limiting on-site activity in the patio or from 7am to 10 pm number four is closing the windows and the doors on the west and north side of the building at all times with the exception of allowing the customers and the employees in and out access and then outdoor daytime entertainment and outdoor live entertainment is prohibited at this site that's what we've worked through that's what we've somewhat proposed and then staff has we've agreed to in this big picture set of conditions again two separate entirely separate criteria one is the attenuation of the noise the other is the visual screen and that's all I have Commissioners thank you for your time and I would be here for any questions thank you and feel free to engage Mr Buck if need be all right well I'll take a presentation from the city hi Leah foreign good evening members of the commission for the record my name is Leah Brock associate planner with the City of Reno development services and this evening I am following up on Mr capote's presentation for the corn Tavern major site plan review and alternative equivalent compliance the half acre site is located just north of the West Seventh sorry the half acre site is located on the north side of West 7th Street West of the Raley is located at the intersection of 7th Street and Keystone here on the map you can see the Raley's there there's a CVS across the street and the old bowling alley down there on the corner again this request is for a major site plan review triggered by residential adjacency and the alternative equivalent compliance for the landscape and screening standards the subject site is located in the neighborhood commercial zoning District to the north are single family residential in sf8 and to the West is multi-family residential in MF 30. key issues on this request were analyzing this request for the overall site design and compatibility with that adjacent residential to give you a little bit of background on this project the site was originally developed as a strip mall in the mid-1990s at that time a special use permit was issued for that residential adjacency and as a condition of approval a landscape screening buffer was required between the commercial and the residential uses on the screen here you can see the 1995 landscape plan which was submitted to the city showing that the trees had been installed staff believes that over the course of the last 30 years that that has been gradually removed the restaurant patio was built and expanded without the additional approvals that were required through the city by Reno municipal code in March of 2022 a notice of violation was issued for violating the condition of that 1994 Special use permit that required that Landscaping ever since that time the applicant has been working with staff to remedy the situation on October 14 2022 a site plan review was approved with a six-month deadline to obtain permits that site plan review expired just a few weeks ago and the applicant decided to combine the site plan review with the application for the alternative equivalent compliance to be reviewed concurrently before this body here you can see the overall site design which Mr compadak showed you the outdoor patio is developed with the seating area fire pits horseshoe pits raised Planters a bar area and a permitted patio cover there is an existing solid masonry wall along the north property line and as Mr compadak showed you there are some elevation differences between that single family residential to the North and the current patio again there's also elevation differences to the West with that two-story apartment complex being about maybe three or four feet higher than the elevation of this patio oh regarding residential adjacency you can see that those single-family homes up there to the north and you can see that multi-family two-story apartment complex to the West um due to the residential adjacency the expired site plan review again that was approved six months ago included the conditions of approval necessary to make that restaurant restaurant patio reasonably compatible with the types of uses permitted in the surrounding area those conditions included Limited hours of days in construction Limited hours of outdoor activities prohibiting outdoor live entertainment and creating a designated smoking area up against the building and away from the residential here you can see the screening this outlines the request for the alternative equivalent compliance basically on the left there you have what would be required by Reno municipal code and on the right you have what the applicant is proposing so rather than doing a six foot solid wall five foot of landscaping and a minimum of one evergreen tree per 30 linear feet and shrubs the applicant has planned this has proposed this patio planter which will increase the screening and overall meet the intent of the requirements and provide the screening from those homes so condition number nine requires that a two foot tall planter with dense six foot Hedges maintained with a permanent drip irrigation system to the West would require eight feet of landscaping a three foot solid wall and again a tree per 30 linear feet that achieves a 20 foot height the applicant has is proposed to put those juniper trees staff believes that that will suffice condition number 10 requires that five juniper trees is spaced approximately six to seven feet apart adjacent to the patio should fix that issue on that side I do want to point out that if for any reason that those juniper trees cannot be planted on the adjacent property or if they are not maintained in perpetuity they need to be replanted in on the applicant's property and that is part of that condition regarding noise and lighting condition number eight requires that all doors and windows on the north and west side remain closed the TVs need to be screened from view those outdoor speakers are going to be lowered to no higher than six feet exterior lights need to go off after closing condition number 16 states that they will comply with the conclusions that were outlined in the noise study and condition number 17 says that those TVs shall not be used unless they are screened on the board are the major site plan review recommended findings during the analysis staff was able to determine that the outdoor patio is compatible with the surrounding uses with the appropriate screening and noise reduction measures the outdoor patio with the alternative equivalent compliance is consistent with the intent of those development standards here are the alternative equivalent compliance recommended findings again staff's analysis found that the proposed screening standards do exceed the the standards the intent of the standards and it exceeds the goal of buffering between uses and it also benefits the community because the applicant can keep the patio and now it will be screened from the neighbors we have found two that there will be less impact with the proposed alternative equivalent compliance than what would be without it or if it were to meet the requirements of RMC staff does recommend that the Planning Commission approve the major site plan review and the request for the alternative equivalent compliance subject to the conditions of approval listed in the staff report the recommended motion is on the board for your review if you have any questions I am available thank you very much big Leo appreciate it we will now go to the Commissioners for disclosures commissioner villain Nueva if you want to kick us off thanks commissioner Villanueva I read one email I believe that's all we had and then whatever was in the packet and I also visit that Bighorn pretty regularly so thank you commissioner I'm sure uh commissioner Armstrong I'm familiar with the site commissioner Munoz familiar with the site commissioner Gower um reviewed correspondence and commissioner velto uh Mr belto uh review correspondents frequent Bighorn Tavern a Tavern pretty often commissioner draculitch I read and received emails and familiar with the site all right thank you guys we will now move into public comment it looks like we do have a request to speak for him from Monica magert please coming up to the podium state your name for the record you have three minutes and science 2020 it's really really loud entertainment DJ screen looks feels like kids screaming in my backyard drunk people is screaming drinking eating and it's just very loud that's only what I want to tell it was a big change from 2020. this is what I want to tell thank you thank you so much we appreciate it any other request to speak forms or voicemails or Zoom calls uh there we received correspondence uh and it was made there it is I was forwarded to the Planning Commission has been entered as part of the record uh there's no requests to speak via zoom and no other um requests to speak forms and no voicemails thank you anybody in the chambers wish to speak on this item seeing none we will close public comment and go to the Commissioners for questions of the applicant or staff thank you Mr chairman a couple questions um John I'll direct them to you so first one clarifying question um where the the patio is there's no proposed hedge in that space am I understanding that right right there is a wider planter area in there that's already elevated it's been established it showed in one of the photos and that was that was part of the criteria of which we analyzed with staff and it was concluded that it was adequate um that's the prior condition do you see it right there in the photo to the left yeah how wide that is and then it's elevated and the idea is to get screening so that it and is that part of that maybe that's a question for Leah is that part of the condition that in that section it's going to achieve the same vegetation height as the Hedge would that existing that that is the idea do you have Brock for the record we are not requiring that there be Landscaping underneath that existing patio I think the initial thought on the site plan review was that we have those wood planks there for screening and that um and that it just wouldn't grow because the patio goes all the way to the property line what's what they have there what John just pointed out with the existing vegetation it looks like it's you know proposed to looks like it's going to do okay is that something that stuff would feel is appropriate to maintain the continuity of that two feet two foot above the wall vegetation buffer yes um of course it is under the purview of this body to to implement that um we just took the recommended or I'm sorry the conditions of approval from that site plan review from October and transferred them into this but of course this body can make changes okay the other question you want to answer this or John I'm just looking for a clarification on the the type of the Hedge like with the junipers you know we get that Conifer vegetation that provides a year-round buffer is the Hedge going to be a similar species that'll provide that year round or is it something that I I forget the species um the idea was a conifer Evergreen Hedge screening 20 you know there's of course some characteristics of growth to get the cover densely planted at time of planting evolves over time and that's full-time screen that's that's the idea John would you be comfortable with just clarifying that and the conditions the fact the feces that would provide year round and buffering that's that's fine yes and similar we can add that in amended condition I and I'm just obviously up to the rest of the Commissioners I'm just asking you and then similarly with the the area there with the vegetation that to the previous question would you be comfortable with that as a clarification in the condition that vegetation in that section would reach the two foot height as well over what period of time Journey that's fine at maturity that's fair right so that because they have invested a lot in that planner area it's irrigated it's very nice to the eye it was not intended for dense screen at time of planting but we can work on that and get there at time of maturity with the influence of the landscape architect fair enough okay with that I'm here to work with you thank you Mr chairman that's all I've got okay thank you commissioner villanuevo still learning the whole alternative equivalent compliance where do I find that definition or where do I find that in the development code or is it not in the development code and where did that come from because I know it's come up a lot of times and I just need to be refreshed is it Section 8 of Title 18 eight you said I think it's it's in Section 8 of Title 18 and then it's under um here hold on I can tell you sorry unless it's in the I didn't find it in it should be at the back of the staff report okay that's what I was looking for and I couldn't find it right above the conditions of approval I think are the legal requirements if I put them in there and I know you cut you had that um yeah so under the legal requirements right up under the findings uh RMC 1808 803 is alternative equivalent compliance that outlines the definition the process and the findings okay so I'm sorry where is that it's on page eight of the staff report at the very top okay so I see the general review oh I see okay excuse me okay I see it okay great thank you um okay um no questions right now I will get I will have questions [Music] Mr chair I have a quick question for you um you said that code compliance uh brought up the issues in 2022 um do we know exactly how that was brought about or why it was brought about idea but I believe we have code enforcement on the line who can speak to that good can we uh can we get them online now can you can you hear us Kenya are you there you need to unmute oh there we go India yep okay go ahead did you hear the question I did good evening Planning Commission my name is Kenya Palacios I am with the City of Reno code enforcement and um that was based on a complaint okay thank you oh commissioner belto do you have anything you wanted to speak on any questions yeah I have a couple of questions um I think my questions are probably for uh for John I'll tell hi John how are you good how are you good thank you I have a couple questions I just want to understand so the back patio area yeah um is the back patio area currently in use yes it is so it helped me understand because I'm reading through the packet and I think I might have it was kind of cutting out a little bit on the presentation um during your presentation what um what exactly is the change in the allowed use under the um sorry one second recommend notes under the major site plan review what what is the change that's being asked for okay it was really not a change it was it was operating as it is today but it needed to be this is my understanding I would appreciate uh staff confirming what I'm saying to establish the outdoor uh patio operation okay so the the operations that were in the pound the patio have previously been not allowed and this is to make it allowed I I don't know that it wasn't allowed I know that the the violation that introduced all of this in this process then said Hey to legally establish this you guys need a major site plan review are you so I that that part's important to me because I if they weren't allowed to do it and now they're um and they've been acting out of conformance and now they're coming to ask for site plan review to allow the non-conforming activities to occur how do I evaluate some of these findings and the finding that I'm concerned about is the parking finding only because I know that parking lot isn't is a mess sometimes and very difficult to get in and out of I know we have an exhibit in the packet that shows all the spaces but like four or five of those spaces are marked off by like a liquor store or tobacco shop um and so I guess I'm concerned that by allowing this if it's not currently allowed it will significantly contribute to traffic and I I guess I want to hear your thoughts on that well on the parking thing it's a good point but just know that we have a recorded easement that has no limitations no restrictions for all of the parking between the pizza it's called a Pizza Hut I believe and that area where the human being is established that's all parking that is granted in favor of this shot this little Plaza this little retail Center including the Bighorn Tavern does that include the spaces right in front of the like tobacco shop yes all of that all of those are part of the sender the landlord has designated those uh I think just to be gracious and because of trying to manage you know competing uh interest in in the in the different tenets and said hey you know somehow they cut that deal to make everybody make things right make things copacetic but the key point is there's probably as many parking spaces between what you think of as in front of bighorn Tavern and all of that space in uh between the uh there in the pizza place that are legally established in favor of this operation okay uh I appreciate it thank you John thank you if I didn't answer the question I I I'd like to no I I I think you I think you have it okay maybe if uh if staff just might know the answer I just want to understand is it is there an allowed use and this is merely uh a master plan or this is merely to make it conforming but it's already allowed or is there not allowed to use that's kind of what I'm confused about I can answer that this is Leah Brock for the record so it it isn't allowed use um but because it has adjacent residential that triggers the requirement for the site plan review so before they expended and had the patio out there if they would have come in and applied for the site plan review we would have evaluated the use at that time we would evaluated the site and then essentially we probably would have approved it and allowed it with the with the approved screening in this particular case we're just doing the process backward but it's not a non-conforming use it is an allowed use to be approved with a site plan review Thank You Leon I appreciate that I think I was using the wrong term so thank you for clarifying that that's okay thank you commissioner draculously I had a question for you uh some of the thought I had before coming here was the sound and then we heard from a neighbor um so we're lowering the speakers outdoor speakers shall be directed away from the adjacent um I guess maybe I wasn't totally clear on how we're moving those speakers and then they had a read in there that we're lowering them anyway do we feel like we solved the sound issue um I know we're probably not trying to address decibels or anything but that that was important to me coming in I think the fact that the applicant provided the noise study was really kind of eye-opening for us to see what would be the best buffer of noise in that back area and staff concurs with the conclusions of that noise study and we feel that as long as those things are implemented the noise should be reduced at this particular point the it hasn't been implemented yet you're welcome Leah okay chair vanilla go ahead I uh Leah so kind of touching on belto's question um so this is neighborhood commercial and you're telling me that this um extension into the patio is permitted um so long as we do the major site plan review and all the requirements under sight plan review are met and it seems that well are met and one of the big factors in that is the noise so it seems here that what we're dealing with the big factor here is the noise issue um and so from reading this packet it's my understanding that the can you actually touch a little bit on some of the noise um I know we have the the planter but there's some other details here looks like some wall what is this the perforated metal acoustical panels what is that can you talk to me about that is that being installed it is going to be installed um per the conditions of approval to comply with those noise studies as for what exactly it is I'm going to let the applicant explain that okay to uh but I do want to point out that in addition to the site plan review requirements we also have residential adjacency requirements and those residential adjacency requirements are what triggers the screening the the noise the lighting all of those things okay thank you for that clarification do you have any more questions for me no I just want to hear more about that the noise thank you for the question uh commissioner Villanueva if you pull up my PowerPoint please wanted to point to those um panels so here's what I've learned in spending uh way more time than I ever thought I would was Luke saxelby because he was emphatic and if you look at his sound study conclusions and his recommendation for mitigation here it was we intuitively in this profession think of vegetative screening as a noise buffer and he said there's virtually no impact in the reduction of the noise so the solution because the opportunity we had on the wall this side of the wall lined with the acoustical panels to his specification as noted in the study in addition all of that area underneath the canopy which is where most of the people Gathering is obviously that would be lined with those same acoustical panels and when you looked at his modeling pre and post he showed that was much more profound in its mitigation than with any vegetation okay and so completely just so I'm clear here because I thought it was really important to say there's the the there's the there's the solution for screening right which was the visual part to a lesser extent and you're right because the complaint came on behalf of somebody uh you know talking about noise has just did a citizen here and and then the separate matter was the acoustical panels how many uh neighbors does the applicant know how many neighbors have raised concern about the noise in the area I do not know I know that I asked for permission I didn't know how this works right so I called on my own volition I called the uh code enforcement staff and they said no no you you don't we don't give out I didn't realize how that works right but I'm a guy to call the person and find out exactly go meet with them and figure it out I got a letter from the owner of the multi-family and supported the project and actually granted permission for us to screen put in the Evergreen green trees as both Leah and I have discussed uh talk to the owners to the north that's a property management operation and they were not really interested in talking about much but I never heard from any other owners okay and how about since the application has come forward have any has any I mean I know I have the email I have the one or it was one or two emails and it said my issues have been addressed and that's all I had I know we had a you know really nice uh neighborhood meeting at the NAB and they seem to embrace what we were proposing for solution but I have not heard from one this has been going back just about a full year now I haven't heard from one neighbor okay and then JD if I if I can I do have one more question for Leah go ahead um hi Leo so the applicant I know the applicant's not going to know the complaints because obviously makes sense why that would be um but do you are you allowed to share that information uh regarding the com the number of complaints that have come forward um my recollection is too but code enforcement's on they'll know oh that's right I forgot thank you can I ask yes hi this is Kenya um I am not aware of any complaints um at this time so um I'd have to go back to the office and get back to you on how many complaints there are total okay so currently with you you don't know but they're but you may have that number back at the office good commissioner I'm aware that the inquiries there as far as my record search showed it but there was one code enforcement um complaint registered from an abutting neighbor regarding noise and the visual impact okay okay commissioner velto any other questions or discussion commissioner please oh okay German uh uh just a clarification on the the noise mitigation so I just went back and looked at the the report again and John you brought it up in the the last image recommendation so the conditions Leah include the fiberglass panels under the patio but not along the wall it does require them along the wall I believe that was included in the conclusions from the noise study which is exhibit J so that's in the that's what I'm saying that's in the noise study but it's not mentioned in the condition the condition I think it's 17 requires that they comply with the conclusions of the noise study and there's three conclusions there and that includes uh whatever that that sound buffering was and it's in that page of the noise study is exhibit J so I'm looking at condition 16 which talks about what is required to be installed and it mentions the okay so that outdoor acoustic Panel System that's referring to the system along the walls can we just clarify that maybe it's clear to everyone else that wasn't clear to me when I read it I see it in the photos so should this application be approved exhibit J will become part of that approval letter and that specifies the installation of an outdoor acoustic Panel System along the south side of the existing six foot tall sound wall with a minimum three foot tall band along the length of the sound wall the treatment shall be placed as high as practical to the top of the wall um and they recommend the use of the kinetics k p perforated metal acoustic panels or equivalent exterior panels with the noise reduction coefficient of 0.90 or higher so rather than rather than creating that as a condition I just said they have to comply with these con with these conclusions my my my issue just so just so you know is that 16 condition 16 lists a few things and then it says as stated in in exhibit J so I guess why don't we just say implement the recommendations in exhibit J as the the condition and not list anything because it's confusing that it's not really the same let's agree to that applicant agrees to that to make it more and more specific to these three criteria okay commissioner Garrow I'm in agreement the way it reads it feels like it leaves a few things out so I'm good with that amendment to that okay yeah I was in the same place thank you if there's no other questions do we want to move to discussion or potential motion commissioner Villanueva please just Adam thank you for that clarification commissioner gallery that I agree the language wasn't clear so uh I'm happy to include that in um emotion so but I will wait for discussion to be over commissioner Villanueva if you're ready to make a motion I would just ask you to entertain the um clarifications in the other conditions and I forget I can pull up the numbers but the clarification on the Hedge species type to ensure that it's year-round and then the vegetation Under The Canopy that it reaches the same height is the hedge of maturity and I think that's conditions how about we let you make that motion okay you have the language I can do that unless there's any other discussion commissioner valto last chance I'll waive my last chance for discussion okay okay go ahead on Keystone real dc23-00054 uh Bighorn Tavern patio aec based upon compliance with the bookable findings I moved to approve the request for a major site plan review an alternative equivalent compliance subject to the conditions listed in the staff Report with clarifications that condition number um conditions number nine be clarified that the hedges are a type of Conifer vegetation that provide year-round screening um that the screening underneath the patio reach the same height as the Hedge so the two foot above the wall at maturity and then condition 16 be revised to essentially say um within six months of the data the approval of the letter the applicant shall obtain approval require building permits and install the required mitigation measures is outlined in appendix J of the sound study something to that effect and I can make all the findings based on those amendments okay we have a motion commissioner Villanueva with all the recommended amendments conditional changes I make all the findings second we have a motion and a second any discussion all in favor aye aye any opposed motion passes good luck with your project thanks for coming in all right we are now closing item number six and moving to item number seven Truckee Meadows Regional planning liaison report Mr chairman I can chime in and just say that we have a meeting scheduled for next week great perfect update okay closing item number seven moving to item number eight staff announcements Nathan thank you Mr chair um just to give a recap of the May 10th 2023 city council meeting Council uh did deny the appeal for Green Acres storage and the project was approved also the Reno Reno stead joint corridor plan was approved by the city council The Shepherd of the mountains zoning map amendment was approved for the first reading and the Planning Commission bylaws is adopted by the Planning Commission or approved by the Planning Commission was adopted by a council items on the next agenda for the June 8th Planning Commission meeting include a variance tentative map for some Town Homes a special planning district zoning map Amendment for some senior affordable apartments and a Time extension for attendant amount that's it for staff announcements all right thank you closing item eight moving on to item number nine commissioner suggestions for future agenda items oh yeah Mr chair uh a quick question is Mike Michelle on to he's not okay um I want to bring up to staff and see if we can get some kind of um maybe clarification on what the requirements are for different companies that are doing projects when they re -re-enter asphalt into something they just worked on um I thought it'd be a good question for Mike Michelle and where I'm going with this is uh Military Drive is being uh taken apart by wood Rogers right now and as it's been put back together it's in horrible state of repair and and the places that they have repaired they've turned it into basically uh driving on a dirt road so I wanted to know if there is some standards or um what the what the requirement is for when they put a road back together um and then what the time frame is at if we can get some kind of clarification on that and this doesn't have anything to do with future agendas but shout out to Angela Foose for giving us that email on the statistics on building permits that we requested I like it and then we haven't received any updates regarding any of the legislative stuff or maybe we haven't I just missed it have we or the lands bill or anything like that okay thank you great closing item number nine we'll move to item number ten public comment this item is for either public comment on any action item or for any general public comment do we have any request to speak forms voicemails Zoomers no there are no requests for speak forms or emails or zooms or anything okay great thank you anybody in the chamber's wish to speak in general public comment seeing none we will close item 10 number number 10 public comment move to item number 11 for adjourment hello second all in favor aye aye all right thank you all thank you