is there anybody waiting in uh outside the door anymore trying to get in okay all right we're calling to order the February 19th uh Planning Commission hearing um and we're going to begin with the Pledge of Allegiance led by commissioner dracul all right let's do roll call chair rer here Vice chair villin NOA here commissioner Basera here commissioner delr here commissioner dulich here commissioner velto here commissioner Joan here we have a quum great thank you next we'll have public comment this is for any item on the agenda or any general public comment uh public comment is limited to 3 minutes uh um and do we have anybody we'll start with the zoom do we have anyone under general public comment uh we'll give them a second to raise their hand members of the public may call into the meeting to provide public comment by using the zoom link provided on the agenda specifically https links. reno.gov slpc 02-1 9-25 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 3 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 for 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 3 minutes if you're an attendee in the zoom meeting and would like to make public comment at this time please raise your hand lastly while in this room please please be respectful warnings will be issued by the presiding officer if there's disruptive behavior and you will be asked to leave Chambers if the behavior continues um we did receive correspondents for this item that were reported that were forwarded to the commission and entered into the public record you have a couple of request to speak forms does not look like we have anyone on Zoom with their hand raised at this moment okay well I have a stack here for general public comment and we'll start with Eric larudes good evening my name is Eric rude and I live in downtown Reno I ask that the Reno Planning Commission deny the cup applications sought by 214 West commercial row aka the oneup club and the J Resort you will have plenty of substantive reasons to do so once you have reviewed the entire record before you at a minimum please table the decision until the City of Reno has figured out how to deal with with excessive noise issues I'm going to focus on that possibility now one of the biggest concerns that I and others have in downtown Reno is excessive noise and the excessive noise that is the most problematic is the noise that happens between 11:00 p.m. and 700 a.m. when most people are trying to sleep and the greatest example of excessive noise is the Thundering bass beat from electronic dance music that you can hear and you can feel I have submitted two emails one for the oneup club application and one for the J Resort application please read those emails given the limited time to speak I'll just touch on a a little bit of what's going on residents have engaged with the City of Reno and certain KN club Owners to address excessive noise issues we have noted that the primary concern is the need to add a ccale measurement to the mun code so the city can effectively deal with a the Thundering base beat nothing has been resolved yet and the City of Reno has asked us to be patient in addition we have asked the City of Reno to enforce existing laws regarding disturbances of the peace now the City of Reno is about to introduce the concept of entertainment zones tomorrow at 300 PM there'll be a public forum uh led by Mar shivi herself we are not certain how the city will try to deal with excessive noise by having entertainment zones we'll find out soon until the City of Reno figures out how to deal with excessive noise issues adversely impacting the quality of life of its residents the city should hold off on granting any more cup applications to entertainment facilities because there will be times when the oneup club causes excessive noise and the same will happen with the J Resort Festival grounds and in the case of the latter not only to downtown residents but residents in the pounding District Old Southwest Reno or old Northwest Reno and Beyond the city has asked us to be patient we ask the City of Reno now to ask the applicants to be patient also it seems fair if the city can have a moratorium on data centers while it figures out how to handle them then why not have a moratorium on comp uh conditional use permit applications for entertainment venues while the City of Reno figures out how to handle excessive noise what is Undisputed is the city of R has created a conflict zone between residents and entertainment businesses there is only one way to resolve the conflict Zone we need reasonable rules and we need them to be enforced let's let's get this right before we add to any more add add any more chaos to the situation thank you for your time and consideration thank you Rick heru good evening I'm Rick Haru the board Secretary of the Montage Owners Association the Montage is a vertical neighborhood of 376 homes and five commercial spaces housing approximately 800 downtown voters a number of of my neighbors are here tonight you'd raise your hands I'd appreciate it two subjects of tonight's meeting the oneup club and the proposed J Resort Festival grounds for practical purposes are in our backyard more than half of our homes face and can see both facilities directly and we know from lived experience with both the original oneup club and and currently with the glow Plaza that the Montage is a recipient of a great volume of sound from these facilities we realize that we live in a mixed use District but we also believe that at times during each day we're entitled to enough quiet enjoyment that we can all get a good night's sleep as a community we value and want to increase the population of our multi-use neighborhood and firmly believe that entertainment and residential use uses can coexist however we believe that if you permit these two these two uh venues to go forward you will place us against our will inside an auditory envelope that will irrevocably harm our quality of life is not a great re Le Great Leap to realize that this quality of life problem will extend to the value of downtown residential property it is baffling to understand why this developer who claims to have sites reserved for luxury residential buildings is building a facility that flies in the face of luxury living we're also conscious of the public safety impact of both of these project during its life the one up was responsible for attracting considerable crime and gang violence I know this because the investigators reviewing montage video footage were usually from the gang unit moreover the drain on police resources is plainly evident there are currently three allight bars in a two block space between First Street and commercial row at least weekly there's an incident that requires multiple emergency vehicles and their Associated Personnel we're constantly reminded by the city that the police and other First Responders are challenged by Staffing shortages if responders are so occupied downtown how are they how are they covering the rest of Reno similarly the concert venue is forecast to attract 10 to 15,000 V visitors per event downtown we think that traffic control will be Beyond challenging and the increase in traffic to the late night ven venues will only serve to increase the number of problems make no mistake we view this as a battle for the soul of our neighborhood thank you for listening okay thank you Jill flre good evening I'm Jill flans I'm a resident in the Montage I am extremely concerned about Public Safety should the J Festival grounds be permitted as planned and request that this Planning Commission deny the permit having personally endured the um ordeal of living four doors from the active shooter incident in my building in November of 2017 and being evacuated by SWAT I vividly recall street closures to pedestrians and vehicles until the situation was under control with residential adjacency in such proximity to the intended project how has the city planned for emergency situations how will residents be able to efficiently and safely exit their properties when there are over 14,000 people and possibly 5,000 Vehicles all in Jason to the festival grounds in addition what happens if emergency vehicles police fire or whatever have to deliver services to residential buildings while the said number of people in vehicles are entering or dep parting the festival grounds this is not a hypothetical because today midday there was a shooting at the aceo motel the street was closed Sierra Street was closed the lights were being installed for the illumination Festival Virginia Street was closed what if that happened on Sierra Street on Virginia Street and 14,000 people were exiting the festival grounds this is not a hypothetical situation residential buildings such as our ours have one entry exit for our vehicles that we park in the case of the Montage we're on West Street between commercial and second if there's an emergency and if there's excessive traffic how will residents enter and exit building safely I've lived in mixed juice communities my entire life New York City Las Vegas and I've been in Reno since 2012 for my life to thrive the businesses have to thrive I'm a retired business person I've owned two businesses and I totally appreciate the importance of advocating for well-planned intentional collaborative business growth that's all we are asking for my city has to thrive from a business stando point for me to thrive as a property owner but it is not safe to put 14,000 people at an event when there's an emergency situation on Sierra Street thank you thank you Sharon ell Sharon elig for the record I am vehemently opposed to application 25-27 and application 2531 I live at the Montage in the northwest corner of the 19th Floor both of these locations are directly under my bedroom windows I have seven floor to ceiling windows those in my bedroom I have been at odds with the one oneup Club previously the work and the red Martini all owned by the applicant of application 2527 since 2010 I have put on the record some of my correspondents police reports and various other complaints about the low inbase shaking my windows keeping me awake all night and the chaos that emanates from that nightclub the applicant didn't care then and he isn't going to care now I have been let down by the City of Reno no action was taken you can do something now by denying the application of this owner and the other application for the festival grounds if you had to spend one weekend with this under your bedroom window the answer would not be just no it would be hell no thank you thank you Miguel woo good evening I'm Miguel woo and I live at the nearby m Montage I'll start off by saying I am perhaps the target audience for the proposed Festival grounds I've worked on Burning Man art I've djed college parties and I've attended a number of EDM concerts both locally and Beyond but I think that provides me with a better perspective to understand why the proposed cup would be so harmful and I love my home that's why I'm here tonight my family and I have lived in downtown Reno for over a decade we moved here when people wouldn't invest in the area when the perception of the district was overwhelmingly negative but we didn't leave we stayed we built a life here and we encouraged others to see this place as a community a family we've seen it improve bit by bit due to our own efforts but now we're being told through this proposal that we should just let the chaos return that if we don't want to live near it we should leave my grandmother lives with us now we take her out to the casinos to dinner and she loves the city just as we do but when she hears people screaming outside or feel subwoofers through the floor she gets scared we live on the 23rd story but when festivals like base camp took over Wingfield Park her room shook her bed shook and now the applicant wants to bring in another 10,000 or more people I know firsthand what these events are like because I've been part of them but festivals like burning man or Coachella are held far from cities for a reason plus those environments are created for people who choose to be there my home my community we are not choosing this in the test conducted in the cup proposal the applicant estimated exceeding 70 DB at every nearby measured site this isn't just an inconvenience it's dangerous noise for extended periods above 70 DB can cause hearing damage in Reno's own laws a public nuisance is defined as unreasonably engaging in any conduct or use of property that subjects a person or neighborhood to noise which is likely to disturb the piece How Could An empirically dangerous amount of noise not disturb the Peace of nearby residents this proposal was either written with extreme naive or a gross and intentional disregard for public welfare the city's job isn't to pick businesses over residents it's to be a bridge between the two to ensure that those of us who built a life here who stayed when others wouldn't aren't being pushed out now do not approve this proposal do not trade our community's well-being for short-term gains we are not just numbers on a zoning map we are real people real families and this is our home thank you for your time thank you Leah Sanders good evening I'm Leah Sanders a Reno resident I commend you all for serving our Reno Community for the best outcomes under the guidance of the master plan as you know the goal of that plan is to make Reno a vibrant place to live for everyone thank you for this time to express my citizen point of view item 5.3 regarding the Jacobs Festival area does not align with components of a functional neighborhood many residents of downtown will talk about the music sound system the noise the light pollution the traffic emanating from the four plus acre open space used at certain times of the year live near St Mary's and I hear loud sounds from the city and see moving lights from buildings uh like the J um I fear the day in tonight use of the proposed Festival grounds with its sound system will resonate through the wider Reno Community beyond what is reasonable additionally Recent research about cities in heat areas as we live in tells me it will be a huge heat island heat Islands occur when cities replace natural land cover with dense cont concentrations of pavement buildings and other surfaces that absorb and retain heat the heat island effects increases cost energy air pollution heat related illnesses so consult your urban forestry group who knows about Greening and um I have a URL in my comments that you got trees along the per perimeters and in parking lots are not enough to mitigate the heat emanating from 4 Acres of open land the quality of walking downtown near the river continues to develop the desirability of pedestrian traffic within the city is not part of this Festival plan it is more like the continuous parking lots along Fourth Street that highlight the J Resort building and create heat Islands the combination of Music money liquor and traffic does not provide a safe environment nor public benefit for our city please reject this cup Reno deserves the best of urban and landscape design for all citizens as well as tourists and visitors do not support what will be fence space for a few and misery for many perhaps Jacob's entertainment can take the initiative to explore and develop the underutilized and closed venues to bring other to bring music to Reena why not plan with others and improve the life of all people thank you thank you Gary Cecil do we have other public comments I don't have any other comment cards for this item uh good evening Gary CLE for the record uh first of all thank you to the three Commissioners who took our invitation and came to the Montage we really appreciate that for those of you who chose not to accept our invitation and as a courtesy to new commissioner Jackin I hope I pronounced that correctly sir um I will share a short video showing the immediate areas around the proposed locations for the J Festival grounds and the Nightclub at 214 West commercial row both of which are on tonight's agenda cie just showing you there the the white building is the new uh the oneup club behind that where the car is going is the start of the festival grounds looking to the right we have the Third Street Flats which are residential going down further I'm in the Montage which is residential you see the West Street Flats which are residential further over you have the winds apartment and the uh Olympic Apartments which are residential further over you have the SLE Suites which is is residential uh the old Westland which is going to be built and that's residential uh there's all there is uh Riverwalk Towers which is residential further behind that is Arlington Towers which is residential there's the old El CZ which is residential there's the school and the cathedral and behind that where the bishop lives there's the mod the one mod one mod two which is residential the Riverwalk which is residential Eden tows which is residential the new Apartments built by Jacob which is residential and there we are back now if these low and high rises residents could be disassembled like Lego bricks and spread out a ground level they'd probably reach out to Keystone Avenue and Beyond they comprise about 1,600 dwellings and 2,000 residents demonstrably these one to two block parts of downtown in very close proximity to the two new proposed permit sites are predominantly you guessed it residential respectfully when you look at the finding that says the proposed land use and project design is compatible with the surrounding development that surrounding development is residential thank you very much thank you do anybody else wish to speak under general public comment okay did we have anyone online I do not have anyone online with their hand raised that's all the comment cards I have oh did I just see a hand go up in the audience would you just to clear everything up um this is the general public comment portion if you filled it out with the specific item number you'll comment under that item if you'd like to comment under this item you can I'll just need another public comment card when you're done so up to you okay all right please come up and then make sure the comment card is I think there's some confusion about the the general comment section uh my name is Chris Su um I helped um in the design of the J Resorts Festival grounds it was well planned well intentioned uh it was designed to be a healthy safe all ages familyfriendly entertainment um area for the broader Reno Community um and my dad in terms of the the heat comments I heard we're replacing uh you know four or five acres of asphalt that currently exists in a decrepit old parking lot with natural grass and DG there's nothing more green than you can do than that uh for for the situation as far as noise uh there's been a lot of uh intent that went in in terms of the stage Direction stage is facing away from the downtown area which is not ideal for a venue of that nature uh there's a lot of uh modeling that would involved in terms of how the sound will be deployed sound will be canceled effectively behind the stage this is not just a willy-nilly throw a bunch of things up uh in addition the curfew is 11 p.m. for Amplified sound I believe um not till 4:00 in the morning which I've heard some people say is was the plan and there's a limited number of events a year as well that will have Amplified sound so I just I ask that that be considered in your approval process and uh hopefully other people will voice their support as well thank you thank you Chuck Durant father Chuck Durant good evening commissioner said thank you I guess I filled out the wrong box or uh but I've heard such wonderful comments that would Echo uh I'm father Chuck duranti I'm the director at St Thomas coinus Cathedral that was mentioned and just shown on that picture there and we have been uh in downtown Reno since 1907 uh I'm a native of myself not born in 1907 thank goodness but uh seems like not much later than that um but uh I I have grave concerns uh again I don't want to just repeat everything that said but I do want to say ditto this is not something that fits in this local um I was the the reminder of that concert at the um the base concert at the Wingfield Park was horrendous and anything like that it's going to be basically the same we're right in the middle of those where that Park is and uh where this is being proposed it doesn't fit here the the the concept of it it doesn't fit it belongs in a much bigger space we also have a bunch of stadiums uh already you know with Sparks and the Wingfield gets used a lot you know it it just seems like this is an Overkill uh and I wanted to say even though everyone said everything that I would have said too but I told number of people from the parish yes I'm going to go and speak up and we're going to follow this very closely as I'm sure you will uh thank thank you for your time and accommodation and we'll keep an eye on this together thank you did additional forms come in uh no that's all the forms I have all right can I speak real fast yeah yes um state your name and then do the form please and then after hello my name is Chris battenberg I'm the executive director of the altruistic American a local nonprofit that focuses on Mental Health uh I've hosted multiple events at Field Park throughout the years uh brought in thousands of folks from Across the Nation to uh bring their money time and and spend their time with their families in our city because of the events I was able to host at Wingfield Park um some of the the previous speakers have mentioned uh issues with with Festival goers as long as the event coordinators and organizers are following the rules a lot of this stuff isn't isn't on the events or the organizations it's on just normal uh occurrences in a large city and when you live in downtown these things happen uh that being said my uh organization due to these events has been able to bring in thousands of dollars for local college students going to school for mental health related fields uh without our events at Wingfield Park we would not be able to do that over the next couple years as you are probably aware Wingfield Park is going to be shut down due to the re uh rebuilding of the two bridges on Arlington that puts people like me in a very tight spot trying to find places to be able to host events and festivals that do have a very positive impact on our community and our children so with events with event spaces like the J Resorts uh Festival grounds it gives us new light as organizers that want nothing but to better our communities so with that I want to thank you for your time have a good day thank you sir would you like to come hi my name is Kellen quinland I'm a sixth generation Nevada resident I also work downtown at Nevada State Bank um Reno's an entertainment town in fact it's a 24-hour entertainment Town um there are more suitable places to live if the idea is true peace and quiet and I think uh I just want to point out that there's tremendous positives to this to the growth of our local economy and the Reno entertainment in general that's all thank you thank you please may I change M the General Public okay um after this man speaks good evening all my name is Victor franka and I'm a sound engineer I just would like to say that the sound pressure level that is harmful for everybody is around 80 DBS but the the noise of the city the traffic sometimes is much more than this so a Vue with live sound is going to be around 95 DBS on site but will be much less than 80 DB on the proximities so um just the noise of the city is louder than the the venue is going to provide all right make sure you fill out a comment card sir and then please no comments hello my name is Steve Emer um and uh I have been a event promoter here in the Northern Nevada for 22 years um weo Lake Tahoe I've brought thousands and thousands of people to this area and I just uh this is only the second time I've ever spoken at anything like this I went to the neighborhood Advisory Board and uh I just um it was really kind of mindblowing to hear somebody that had never actually really been in the venue I'm talking about 214 West Commercial and was making absolutely Preposterous and un untrue claims about that club kind of to the point that everyone knew they were Preposterous and laughed at the end um claiming that there I don't even want to get into what he was claiming but it was kind of ridiculous um the J Resort and oneup are very very important places here a lot of people have brought up they've started their careers there gone on to really do really great things for our city and kind of put our city on the map um being able with Wingfield park being closed having the J Resort open will be really great and being able to funnel those people to then move on into another club to spend some more uh money in downtown is also a really big positive um also to the person that said that we can't handle 14,000 people downtown what if what if what if we already have events that are that big I don't understand I don't believe that that's actually any kind of change we have Street vibration we have all of those fairs that are going to be down in Virginia Street that shut it down we're going to have one this weekend um I believe our city our emergency responders are plenty equipped to be able to handle all of that um and also I would like to say that if they are already having issues in the Montage and some of these other places it's really not a a factor of one up or 214 it's been closed for a couple years if the if these problems exist already in the city it's not these clubs that are causing them there are bigger issues at and so I support both the 24 commercial as well as the J Resort all right thank you any additional public comment please good afternoon my name is Nico I'm a local business owner dad of three husband to an incredible wife uh but I am in full support of what the J Resort is doing as somebody who's a family man who believes in uh having great things for my kids to do and my my family to go out to downtown Reno is not a place that I bring them and everything that I've heard from Mr Jacobs is in favor of cleaning up everything that's been left to the Wayside and so I love this I love that he's taking a chance to clean everything up for everybody everybody that lives in the Montage you're exactly one block away from the three largest Resort s in Reno that have these same kind of events that don't police them that let people run a muck until 2 3 in the morning and that's your problem what this man's doing is totally different he's bringing a quality event that we would love to have that brings quality people to Reno Nevada so I'm in support of it I thank you guys for the time thanks thank you all right I see a few more hands how about here then we'll work our way to the left come on up hi my name is Riley Stella I'm a teacher in wasel County School District and I want to specifically talk about um the youth in our area and how much this would benefit them so I'm here to speak in favor of approving the concert Festival grounds in our community as a dedicated member of the city and someone who works directly with young people I've seen firsthand how this opportunity can bring benefits to both our city our residents and particularly particularly our students I want to speak directly to the younger generation the students will be most impacted by this many of our students have expressed a deep interest in seeing their favorite artists come to our city they're passionate about music it's one of their greatest interests and a lot of their culture surrounds live performances currently a lot of my students leave town to attend performances for their favorite artists which can be expensive and inconvenient it leads to them missing schools and it allows these families to spend their money elsewhere instead of in Reno having a venue like this in our backyard would provide a space for students to engage with the Arts in a way that both that is both accessible and inspiring it would allow them to see music um and how music can bring people together it will allow them to see how large scale events are organized and how our community can come alive through shared experiences since moving to Reno 10 years ago I've watched our emphasis on the Arts grow through the murals downtown different festivals and our growing Farmers Market for example um this seems like the natural next step in my opinion in growing our Arts culture approving this venue will enhance the cultural landscape in our city it would provide a much needed venue for bigger artists to come into town which our students have been asking for and it would open up exciting opportunities for Families Our Youth and adults alike let's give our community the chance to thrive and Shine by bringing these experiences closer to home thank Youk you all right come on up um good evening my name is Richard Sloan um a citizen Marino and I also work with the charity um the alistic American excuse me um our city is known for is love entertainment we have casinos we have the mountains we have a desert but what we're really missing is a concert for festival grounds that puts Reno on the map that's why we're here today to create something big something bold something that brings people together in a way that only music can imagine top tier artists incredible local talent and a festival experience that Rivals any major city right here in our backyard now Reena has a passion Reena has a people and now it's time for Reno to have the music festival experience that represents us with your support we can turn this Vision into a reality in event that drives tourism boosts our local economy creates jobs and most importantly gives our our community something to look forward to year after year so with your help we can make that happen thank you thank you all right and then I believe I saw someone SE okay next good evening everyone and good evening council members uh my name is Zach Gomez I'm a Renown native who has been dejing for 14 plus years and I in here in support of the prop proposal to approve the Motions which would allow for the construction of the J Resort Festival grounds Reno has built uh a reputation as a destination for art culture and entertainment as we continue to grow and diversify our economy opportunities to host large-scale festivals concerts events these are essential in maintaining the city's momentum there are proposed location for the festival grounds in the heart of downtown within the M mixed use downtown entertainment district is positioned to attract both local and outof town visitors offering a unique space for entertainment it also aligns with the city's master plan Vision to enhance cultural and recreational opportunities which all benefit not only our local economy but also en enhances our cultural identity I understand that there are concerns from downtown residents um about potential uh noise complaints or noise ISS isues I myself actually reside just a couple blocks uh from the J Resort and I could tell you that during those hours that are main concern I'm not hearing Bas or music it's mostly sirens and unfortunately homeless that are either schizophrenic or just having a bad trip to be honest and um unfortunately as that is I don't think the finger should be pointed at entertainment um and nightlife um I believe with care ful I I believe that with careful planning uh including sound mitigation measures which uh J Resort and jent are experts at doing uh an engineer was up here just a few minutes ago explaining that it doesn't really actually get that loud and uh you'd be amazed by the technology that uh we have nowadays that we are able to uh mitigate a lot of those issues um also other cities have successfully implemented Ed uh similar outdoor venues providing both economic again uh vitality and Lively engaging atmosphere for residents and visitors alike with a thoughtful consideration of sound management and scheduling I believe that jmf and the J Resort can mitigate all noise concerns uh if not the majority of them uh ensuring that downtown remains a thriving place not just to live at work which I also do and play which we all like to this project represents a Forward Thinking Vision in my opinion for Reno helping us maintain our status as a premier destination for Arts culture and entertainment while focusing while F fostering excuse me economic growth and providing a space for our community to come together thank you all for your time and I as your conso to support this uh project thank you thank you make sure you fill out a comment card we'll get our next hello everyone my name is Jade long and I'm a third generation n Adan and I've been here in Reno my whole life um and I wanted to say I'm in favor of the J Resort Festival grounds as it h will provide a positive entertainment option for not only people my age but all the people in the community I know I'm always looking for a new venue and a new option to uh practice safe entertainment in this town and I think this would be a very positive um Outlook and um outcome for the city not only just for positive options but also economically in the city so thank you so much thank you oh sorry um comment card chair we have someone on Zoom with their hand raised so we can give her a chance uh Katherine when you're ready please unmute yourself uh state your name for the record you'll have three minutes my name is Katherine black and the reason I'm zooming in is I fully support this uh Forum I believe the J Resort provides such support to our youth and our children and I have children here and I would much rather have my child stay in town to have festivals or listen to live music rather than driving somewhere else and I think it's a very important thing that we could keep our children even if they're adults young children here in town to enjoy things that they would prefer to go out of town for and I fully support Jay Resort they do wonderful things in our community my I could give you a list but they have done such amazing projects and I fully support what they are trying to do here and I think it will benefit Our Youth and young people and as a mom I would much rather have my son here in town rather than going somewhere else to try and listen to live music something that he would do and that is all I have to say so I appreciate you and I appreciate this forum and thank you very much right thank you good evening my name is Emily Su I just wanted to say that I am in favor of the J Resort Festival grounds being built in Midtown growing up involved in music since 5 in town I can say firsthand that it's very hard to find a children friendly facility to both play at or participate or watch your friends play at and I'm so excited that the J Resort is finally providing that venue Outdoors that will be safe entertainment for all ages within our City of Reno growing up as a teenager moving on into high school and college in Reno down downtown was never a fun place to go or never a safe place that I wanted to be and I'm excited that this will finally start encouraging the true modernization that we've always been wanting for downtown while pre providing a new opportunities in a safe place to be now as a young adult this would also increase all of the spending and then tourism in our ever growing city that is continuing to increase in size that's all I wanted to say thank you for your time thank you chair we have another participant on Zoom right how about right after this one we'll get after good evening uh my name is Ben Koke and I'm in favor of the festival grounds uh the festival grounds will be uh a contained place to have events a safe place uh unlike some events that are happening currently downtown um like was mentioned earlier the stage is deployed in the uh opposite direction of downtown Reno areas and buildings um having the sound go the other direction um these events are not every day nor every week um so it's not a consistent thing that's happening um uh the promoter and J Resort are mindful of the community and I'm sure they don't plan on having unnecessary noise um outside of Festival hours or or light pollution things like that um this venue is a turning point for Reno creating a safe place uh as mentioned earlier for people and uh tourists to enjoy uh music events thank you thank you all right let's have our online participant uh Frederick when you're ready unmute your mic state your name for the record you have three minutes do you want to speak again hi my name is Frederick Lombardi and I would just like to speak in favor of the uh J Resorts proposed Festival grounds everything I live first off I live adjacent to the um glow Plaza now and everything that Jacobs has ever done has always follow the rules as follow as as far as his entertainment that he has had um and to assage some of people's fears about the security concerns Jacob entertainment's security team is absolutely topnotch they're always around when you need them and uh that's about it thank you thank you all right come on up hello everyone my name is John mlan um I'd like to say that I'm in favor of the J Resorts and the uh planning of the Field Festival just like to say I've been a gigging musician in this town for 20 years and uh I used to Gig regularly in downtown and I've watched it decreased in quality over the years uh it is not some places some spots in downtown are not a safe space to go at night and this will certainly help Kickstart the regentrification of downtown thank you thank you right not seeing any more hands but oh n here we go perfect uh my name is Colin Smith and I am a uh business person here in town um I'm also uh a member of the boys and girls club uh sit on the board there um we have a choice um and we can either progress or we can die you know I've been a business person in downtown for 15 years we've invested millions of dollars in downtown in our businesses um we need to keep moving forward we have to start we have to keep moving forward otherwise we're going to step back and that's not where we want to be Reno has not made a lot of progress in the last 10 years until Jacobs came in to be a part of it to start to recan up if we look back that place was a dive that entire area was disgusting and it's done nothing but get better and so that revitalization is important that business Community to be able to live and Thrive down here is important and I think that it's insincere to think that we can have all of these festivals that happen now and this is going to be the one that tips the needle so we do a lot downtown now and we don't have these issues as far as the problems that this will bring these this is a very well-run compy company it's a very it's the promoters are very top quality people and I just don't see this as being a Fly by Night Thing this is something that I think that to progress in our development in downtown Reno to be proud of Sparks can do it Sparks makes it work and they bring in big ax and they bring in you know 300 million you know $300,000 on a week night or a weekend I mean that is great for downtown business and that's great for the residents downtown because all of a sudden there's streets are cleaner their sidewalks are safer so that's my opinion on the J Resort thanks right oh can you make sure that comment has what if you've listed it under a different agenda item it won't come up so make sure you come in item three right I saw some more hands please come on up good evening my name is Benjamin Johnson I'm a production man manager in the entertainment industry I have managed hundreds of festivals and events all across this country uh I'm also a Reno native uh this event uh grounds is really critical for this industry uh and the development of its ability to operate here um a lot of the times with events the issue is actually the venue itself um you've probably seen some of the horror stories from Bad events and weird things happening um a lot of has to do with like where they've placed these events themselves this Festival grounds uh will will allow us to safely operate in a way that we can handle that influx of people and allow for an emergency situation should arise so I am fully support of this venue and uh hope to get your approval thank you thank you my name is Avery Lynch I'm a young adult in the community and I fully support the J Resort and the building of this venue I'm a musician and a music lover and I specifically love going to live music um music has always been something that's greatly benefited my mental health since I was 9 years old but last year my family went through a pretty bad hardship and a long-term Family Health situation where I had to stay in Reno for long periods of time I wasn't able to go and see live music like I usually would be able to and even having small things around Reno was something that greatly benefited my mental health and really got me through rough times getting me through rough times currently I have live concerts I'm going to go see upcoming that's like getting me through the the day-to-day and like Monday of my life and I know that many people my age would greatly agree thank you for your time thank you uh make sure that make sure the clerk has the right we have a few participants on Zoom um Jack when you're ready to speak please unmute your mic you'll have three minutes okay we also have Joe hello looks like we have Jack go ahead Jack okay sorry about that had to unmute my mic um I do the tra my name is Jack Valerio and I do the trash removal for Jay's uh Jay's Resort four years ago I started doing the trash removal from downtown I mean I'm feet on the ground um boots on the ground removing trash four years ago after covid it was disgusting down there everything between Second Street and all the way up to Fifth Street and between West all the way to keyst is now it is so cleaned up and Jay is on top of this stuff consistently refrigerators have been dumped needles and debris and human feces that used to be able though that was downtown four years ago is absolutely just gone the lighting is so beautiful now it feels safe matter of fact I'm doing so much less trash cleanup down there because there's just no place to be throwing trash people be they would be seen now it's obvious what people are doing down there and if they're having fun and they're in an event and it's literally that's what it's supposed to be going on that's what's happening the police can go down there there's nowhere to hide anymore it's wide open it's purposeful it's clean unbelievably clean doesn't hesitate to spend millions of dollars into our city pour it into our city and help our environment and clean up people help them with their lives get them on the right steps and it's it's amazing how much money and time and energy he has put into downtown it's beside me to sit there and think you got anybody would want to say stop doing this I mean look at Harris that place is like done there's so many things going on the casinos are blown up and just destroyed down there there's nowhere to go anymore and the places that are available are incredibly clean and Jay's has a lot to do with that I mean nothing down there in my point of view is UN clean it is beautiful down there I've been in those corners of those room in those those places that were hidden in the dark alleys I've cleaned these places out I'm telling you if people that are proper in the right mind would go down there now they can't find this disgusting stuff anymore and I'm saying that it's so clean it is so clean and he's poured a lot of money into our in into our city and our state and we just I'm so thankful for this and thank you Jay and thank you for your guys' time my name is Jack thank you all right I think I saw a hand over here and then from the back row I am 24 years old I grew up in Reno I went to college here I've supported the community many ways and many times I am in support of the J Resort Festival ground growing up here as a kid I'd always ask my parents hey I want to go see Justin Bieber and we had to go all the way to La it would be really wonderful if the kids growing up here for the future could just say hey let's go see this show right down the street it's safe it's at home it's going to bring Revenue to this city and overall it's just something that's wonderful for this community thank you thank you we have another participant on Zoom right we'll take the zoom person after this individual okay on hi I'm Stevie Apple White um I'm neither here or there I'm not in favor or against this position number three um I would like the council to consider the amount of effort it takes for sanitation both from volunteers and our Sanitation District um I don't see a lot of J Resort people that doesn't mean that they are not cleaning around town but I do see more people volunteering clearing cleaning around our River um and our sanitation folks I would like to also have something considered is that people who live around there I personally live at mod one right by the river um and a lot of our houses people are going to have to deal with this noise on and throughout the night I live with a lot of older folks I had to walk with them to and around the fencing during the base camp Festival just to get to my apartment which is very inconvenient for them um you could not leave the parking garage either um but in consideration to this Festival whether or not it turns out to be positive or not is yet to be seen thank you uh we'll take the individual online uh Joe if you can unmute your mic and state your name for the record you'll have three minutes hi can you hear me yes we can hi my my name is Joe saini uh I just wanted to put it out on the record that I am in favor for the J Resorts project um honestly for me I just think this is very straightforward Common Sense decision for a city that is up and cominging and growing significantly day by day if you drive around Reno you see more and more apartment buildings more and more houses and every single city that is like that in the United States has a live entertainment and arts culture to it that is ever thriving and ever growing um as someone mentioned earlier Wingfield Park is going to be going away places like arttown and other festivals for families that are an important stable to our community need a place together I I understand the comments of people from the Montage I I can't think of a city that we want to be like that has a peaceful serendipitous Center of downtown all downtowns make noise and they make noise louder than than most music venues could ever try it to I think there's a lot of safe roads in and out of this venue that make it extremely safe and um I just think this is a very straightforward obvious decision for our city that has prided itself on arts and um things like food and culture and um festivals and um all sorts of competitions and things that happen downtown this is just a no-brainer thank you thank you all right anybody else wishing to speak under public comment yes please I need to do can you see it can everybody see it all right hi I'm Phil Tander um I'm against the J Resort in the current configuration um I heard a lot of people talk about there's not enough venues and not enough music in Reno I've added some of them on here that we have those are just the some of the medium and larger venues we also have a new venue coming into town that's currently under plans for GSR which is an arena over by the GSR a lot of music venues currently most of them almost across the board in the 19 years I've been here or underutilized I remember remember going to San Raphael Bar Park back in 2006 to 2009 when they started doing music festivals here it failed couple reasons one no shade out there and they just couldn't get the crowds plenty of space plenty of other music venues as well they could not make it happen this venue designed as it is is open air it's SE seasonal you're not going to have people here year round could we use better use of this space for things like the last speaker said for maybe a grocery store downtown other Boutique uh businesses an Apple Store something that draws people downtown that is what we're looking for if you decide you want to go ahead with this project why not make it a covered project this project has no latrines or bathrooms in it has anybody been in the summer here when they've got a porta potties out year round or for the summer I would not want to live near there for sure so consider number one is this the best use of land downtown we've got a lot lot of uh parking lots I I love that Jay's done all the renovations here with his property he's knocked down some really bad properties he's renovated a few hotels here he's done some really good things I just do not think a lot of people do not think downtown this is the best use of land downtown right now thank you you all right any any last public comments it seems like Cali anybody I don't have any cards and I don't have anyone on Zoom as their hand raised all right we're going to close public comment for the general public comment there are opportunities to speak on both items in the agendized public hearings as well um and with that we're going to move into item number four which is a pres presentation from the Chucky Meadows Regional planning agency good evening Planning Commission my name is Jeremy Smith I'm the director of the truck meds Regional planning agency really appreciate this opportunity to come here today and talk about what we've been doing recently at tmpa and it's very fortuitous that you're all here to hear this as well so please go to tmp.gif so I'm going to try to move pretty quick through this I have too many slides pery usual but just quickly uh tmpa the regional planning agency was created through state law in 1989 the first Regional plan came to be in 1991 and the regional plan is really a vision document for the region that aligns the outlooks of the master plans of the three jurisdictions and affected entities like the school district or the Transportation Commission basically the agency was created to Foster collaboration and coordination on long-range planning uh amongst all of those entities the structure is made up of three parts really there's a regional planning governing board which is made up of elected officials from the three jurisdictions there's a regional Planning Commission made up of planning Commissioners such as yourself I've Had The Good Fortune to serve with a few of you so thank you uh on at the regional level from each uh rather three members from each of the local planning commissions and then we have a five member staff including myself the jurisdiction of the agency is really wo County absent the tribal lands and the Tahoe Basin which is covered by the trpa what you can see in this map is the black outline is what we call the tmsa or treyo service area that's the area within which you can expect to have Municipal services today or have them within about a 20-year time frame and that's where we really seeing 99% of the growth and of certainly residential units over the past 10 to 20 years and it's the area of focus for the agency okay in 2019 we actually every 5 years through state law we're mandated to update the plan so in 2019 we did a wholesale update that really reembedded the regional plan into state law there's a state law NRS 27827 which actually is titled the contents of the regional plan and so we really wanted to ensure that the regional plan was mimicking and providing what the state law was asking us to do and in order to do that we created this map on the right which is that tmsa shape again those different blue Shades represent different Regional land designations and those act to some degree as density guides uh for different types of development and they're in alignment with the master plans of the jurisdictions further we created a services and standards or facilities and service standards table region-wide so that any case that we see for conformance review we have to understand how it's going to be served by water putable water how the waste water is going to be served roads education as well as storm water and floods so we've really kind of got ahead at this master planning level trying to get a handle on how a development that's being proposed would be served so we did quite a bit of work in 2019 but we recognized that there were two areas in that state statute that we needed to do more work on to really you know meet the the requirements and that was natural resources and public infrastructure and so I'm going to talk about those two efforts which we recently were able to establish uh along with the 2024 Regional Plan update so that's the 5year update from from 2019 where these things were added and that got approved in December of last year so we we work on it you know for years in advance trying to bring it forward as I mentioned we created a natural resource plan document which really uh is a storytelling document narratives about natural resource topics in the region uh also a public infrastructure document that talks about how how we s how we provide these services in the region and a couple of other little uh policy changes and fixes there's always something to fix okay so the NR plan there's about seven or eight chapters six of them are sort of content chapters things ranging from outdoor recreation to sustainability to physical resources to biological resources and within that there are topic areas like Wildlife or maybe it's snow Sports and so we have these writeups and then associated with the plan an integrated uh searchable data portal exists and so you can go online to our website and you can just type in some Search terms you can search by uh the source of the data the kind of data whether it's GIS data or documents and reports that sort of thing upwards of a thousand uh entries in that data portal right now and it's something these both of these things are alive and continuing to grow as we learn more information we had uh we really created these documents as a foundation of information so that we can create the best policies possible in our regional plan and one of the policies we added was for master plans and entity affected or affected entity facilities plans to recognize the 2020 integrated source water uh protection plan and Watershed uh management plan for the trucky Meadows which we help develop with Tuma andd uh and other partners so now basically we're doing a spatial check for every case at tmpa to see if it interacts with what's been identified as the critical Source water protection area and if so we get comments from the water experts around that development very similar approach to a new policy on Regional Trails we've been working with Jay Howard who's the regional Trails coordinator at the truck Parks Foundation he's brought together a working group of staff from federal agencies the locals the affected entities a big group of like 20 something folks from these different entities that are concerned about trails in the region and Regional connectivity of trails and so what we've asked is that the master plans and facility plans recognize the truck humal Trails plan and again spatially any any development or request that's going to interact spatially or nearby these trails and there's an opportunity for connection we're getting those comments we're getting get in that working group to provide comments and work with the the developers to make that a reality uh further a third policy that we added was a tribal coordination policy we recognize that we could do a better job reaching out to our tribal government Partners in the region and make sure that they are aware of what's going on and like was we're aware of what their planning so that's really a great policy for us there and then finally one that I really enjoy is a very GIS oriented policy we're calling it natural resource consideration areas and it's basically a spatial check there are many different pie pieces of data and information out there about natural resource topics that are available in a GIS format from official sources we've gone and sourced it put it into the regional plan and so for every case we do a spatial check of the subject site against these layers and we report those interactions so that through the development review process everyone's aware of of how these things are interacting and in fact we have this map on our website and the tool that does the interaction is available there for you to run for your own so say you're a developer or a realtor or maybe just an interested party and you want to know about where your subject site how it interacts with this data you can do that on our website so those are four new policies we added which would think are really cool on the natural resource front in addition to the data and information in that natural resource document and portal the other flip side was our public infrastructure plan which uh again we were trying to meet the contents of the regional plan that law 2 78.0 274 where we were asked to summarize the capital Improvement programs of the local jurisdictions and affected entities and so to do that we've created this plan plan uh inside the plan do or rather let me stick that back the five uh facility and service domains that the state law indicates that Regional planning ought to be summarizing and and tracking are portable water waste water schools storm water and flood control and transportation so those are really the domains that we get involved in in Regional planning we make sure are addressed in our review process so this document reflects that and you can see there's an intro then there's five chapters that deal directly with how those domain how do we serve those pieces in our community who's doing what and how do you find out more about it and then finally some conclusions uh in addition we've propped up a online dashboard that talks about spending for Capital Improvements looking back the previous fiscal year through the annual comprehensive Financial reports of the jurisdictions and entities and also looking forward uh the 5-year Capital Improvement programs we're doing this every year so this is the first year we've got it established but as we go we should be able to start understanding some Trends on where we've been spending for what and what we're proposing so check that out tmrp pip dashboard uh and as part of the public infrastructure work we work with the jurisdictions and entity staff to acquire their GIS data and put it all together to help with spatial modeling for the future to provide that information back to users at the staff level so that they can actually see what's going on beyond their jurisdiction boundaries so really trying to facilitate that collaboration and of course all of this information we use in our casework when we have if there's a master plan amendment that comes forward at any of the jurisdictions a facilities plan Amendment or what's termed a project of regional significance which has very specific guidelines and it has to be pretty big project that will trigger the regional review and of course we'll use this information to accomplish that review I think I'll just skip over that one so uh stuff that we're also working on in uh at TMR right now is we're doing some strategic goal setting for the next fiscal year got through our budget process and so we're going to be setting up a Year's worth of goals to achieve we're going to maintain our regulatory function that's that Master Plan Amendment and project of regional significance conformance review aspect Regional coordination plays a big role in the work we do I'm constantly bringing together staff from the jurisdictions and entities to talk about emerging issues such as data centers that has come up as a piece of research that we've been T to take on and we're really looking to create a third pillar if you will for regional planning to support the policies in the regional plan right we have the natural resources one established that's ongoing living document we've got the infrastructure plan established living document we're now working on that center pillar where we want to make very transparent and document our methodologies and our assumptions around population forecasting housing needs as well as spatial modeling of the future out there on the landscape of where we expect people to be able to go and where these houses can be built so that's really the direction we're taking with that that was the lightning tour I'm happy to answer any questions you guys might have all right thank you director Smith I think we'll put out is in is there any public comment on this uh we do not have any public comment on this item no okay then we will close that public comment and take questions from the Commissioners thank you thanks for coming appreciate you every time you come I think it's been about two three years since you've been here last so appreciate it um just for the sake of information because I might be working on Old information can you give us any level of update on our water treatment facilities and also any agreements we have with access to water my understanding we have a pretty large agreement with Tahoe Donner area big long contract can you speak to that at all um yeah I can certainly address that um in terms of the agreements I'm not really involved in that aspect but we do have a role to play in the The Water Resource realm we work closely with the Western Regional Water Commission so every two years we do What's called the was County consensus forecast which is looking 20 years ahead how many people do we expect her to be coming to w County and we are required by state law then to take that forecast of people to the water planning B the Northern Nevada water Planning Commission the Western Regional Water Commission and vet that forecast against the identified sustainable water resources that is part of those contracts and what the state engineer is probably doing to to ensure we have that water and so every two years we're doing that process and to date we're well below the threshold in terms of uh population forecast in the next 20 years compared to what's identified if as a sustainable Water Resource okay so I guess for a little bit more Layman so water into the community isn't necessarily an issue we're below the threshold am I hearing you're right that's correct yeah in terms of uh our understanding of what's been identified out there right even what's turned on today some of these identified resources are still on the ground in North Valley for instance but even what's online today in terms of water delivery is still uh more than what we're forecasting in 20 years and if you don't know this at all I just as a just a really our water treatment facilities do you have any knowledge of how those are doing what our plans are are we doing another facility I know one might need some um you know some updates and upgrades but I'm I'm not that much in the know that I asked well I we had a chance to tour the Chalk Bluff facility uh last year and it was really an eye opener it's an amazing process um I think what's kind of neat on the front for for water treatment is the advanced purified water system out in the North Valleys in near the stead plant where treated effluent is planed to be run through that uh Advanced water treatment facility and really clean it to a level that is uh pure so that it can be injected back in the ground awesome thank you You' been thank you chair any other questions or comments for director Smith I just want to Echo uh JD's or commissioner Jack's comments thank you for coming out and for anyone who is here please check out the website tmp.gif thank you sir thank you yes good evening thanks for coming in sure um you mentioned and it was quite brief but I and as you know we've had a lot of conversations here about the data centers yes when you guys start diving in which I think is a great idea because I think it is it is a regional issue um where do you guys look when you're diving into that stuff do you look at other states and jurisdictions and just pull data and kind of dive in oh yeah great question so we're doing a a host of things we were tasked by the regional Planning Commission to uh kind of go forth and do some research and bring back our findings uh to the Planning Commission and sort of provide some information for the community as well as add the data center use type as one of the things we're tracking in our spatial data so ones that are approved and ones that are kind of proposed we're tracking that at that partiel level but we're we're doing kind of a multipronged approach with the research we're looking nationally at data center hubs and some of the challenges they face we're taking a look at Power requirements across the spectrum of data center sizes water requirements space requirements in terms of uh land utilization to employment and then were're doing a lot of work with uh we track the power generation facilities in the region because their projects of regional significance if it's 5 megawatts or greater so we've gone back and looked at the last 10 years of uh solar and geothermal or Renewables to just get a feel for how much land is being consumed to create these megawatts that we can use use that are the necessary for these data centers to operate so that that's a local kind of area of research but we are looking nationally to bring as much information as we can to bear thank you you're welcome commissioner B for the record just want to say thank you director Smith and your staff good to have you here you're welcome all right thank you thank you very much for your time take care have a good night team.org very good all right we're going to move into item number five which is the public hearings and we're going to start with the LDC 25-33 ndi office resoning and a presentation from staff good evening commission Carter Williams associate planner for the record before you this evening first is a is a um request for a zoning map Amendment um this property is located north of Vasser Street East of kitsy just before the uh the underpass for the i580 freeway um the specific request is from neighborhood commercial to General commercial um this property is located within the Suburban mixed use master plan uh land use designation so this is the uh the adjacent zoning and the and the specific request so this is a part of a kind of a a corridor along kitsy that um has this it's probably the most dense um um um area of our general en commercial or standard commercial zoning um throughout the city um it is very much so though mixed use um so the NC zoning that you see here today um really was trying to address con adjacencies with with a lot of different um uh residential zones and you can see them still present um in some small degree um but a lot of these U multif Family Properties and to go back to the kind of the aerial view the one directly to the North requested um to go to The General commercial Zone in order to increase density for for the area um to to um build more units um for housing so that's happened um many times throughout this this Corridor um and it leaves some of these neighborhood commercial properties as kind of islands in a way um where they're fairly um restrictive um as far as land use um when all other properties around them are are have um more accessibility to to um commercial use opportunity so from a use standpoint this does increase residential density um not that this would matter this is an already developed site for commercial um so the principal um change would be that it increases the opportunity for several um commercial uses and light industrial uses those light industrial uses are are generally are actually three um Printing and Publishing maintenance repair and renovation and food processing which is like a commercial Bakery um in any case the addition significant expansion of commercial facilities on this site would trigger a site planview because of it's still um in proximity to multif family residential but it's separated from by different properties so um this this specific site increasing in intensity staff does not feel with have impacts to adjacent properties from a development standard perspective um again the only change really is the density but also there is a maximum height increase up to 65 ft the reality is that the size of this parcel and the scale um won't really um change the mass of new buildings that would go in here because um as height increases above 35 ft they have to push back the building or portions of the building from adjacent property lines at a one at a 1 to one foot basis so it's really not feasible to go above 35 ft so it's not there's really no um impacts from a development like a massing perspective with this change on the screen are the findings for a uh zoning map Amendment um generally is it's we staff feels it's consistent with state law the GC zone is conforming with the Suburban mixed use master plan land use designation and on the screen is the recommended motion um the applicant um is available at the or will be available for questions has a presentation um you know I'm basically um been in business for 20 years here in town um you know I'm very heavily involved with the univers University the Boys and Girls Club um we've done you know large uh three large student housings we do hotels we also do service around town um I feel like we're kind of pushing the envelope a little bit and I don't like to do that and then ask for forgiveness later I just want to be upfront and and transparent with everybody my my goal is if you if you see my commercials and you see our trucks you know it's all very clean and you know I feel like what we're doing is trying to bring the value be a good neighbor yeah sir could you just state your name for the record oh I'm sorry Neil I don't have any slides thank you thank you we will take disclosures starting with commissioner VTO uh commissioner VTO familiar with the site commissioner Dracula familiar with the site commissioner Joan familiar with the site commissioner Ro Meer familiar with the site commissioner villanua familiar with the site commissioner bisera same disclosures commissioner delr same disclosures okay now we'll take public comment we have request to speak forms from Junior Sloan no um okay uh in favor not wishing to speak uh Chris battenberg I already spoke okay thank you and Janelle battenberg okay thank you anyone online wishing to speak on this item uh we do not have any hands raised on Zoom anybody in the audience wishing to speak on this item okay we'll close public comment and move to questions for the applicant and staff from the Commissioners anybody wishing to ask that looks like we'll start with commissioner Basera uh sure didn't really have a question actually um it seems pretty uh on point I guess my question was more for the chair uh I know there was some public uh input submitted but I wasn't sure if it was for against or what the sentiment was oh I'm um very good question we have uh state in favor two statements three statements in favor of the project great thank you so much um I'm happy to make a motion if there's no other objections because we have a long night folks all right uh with that reading the room uh based upon compliance commissioner reserve for the record based upon compliance with the applicable findings I move to recommend the city council approve the zoning map Amendment and I can make all the find findings commissioner Dracula I'll second we have a motion and a second all in favor I any opposed hearing none um congratulations your project is approved all right moving to 5 point2 the West commercial row live entertainment we have a presentation from staff good evening again Commissioners Carter Williams associate planner for the um the case before you tonight is a request for live entertainment um Beyond or for operation of live entertainment Beyond 11:00 p.m. um this is a property located on West commercial row um on the Block uh between West Second Street or sorry West Street and um I think that's Arlington um the no I'm sorry it's on the matter excuse me um so the specific request um from the applicant is to hold live entertainment events between 11:00 p.m. and 5:00 a.m. on uh Thursday Friday and Saturday night um staff actually has a recommendation that um is um against that the specific hours and I'll go into that in a moment the master plan designation for this property is downtown mixed use um generally this applic I mean staff finds that um live entertainment activity is an activity generating use um present and supportive of urban corridors um it supports tourism and entertainment um and is I mean with the recommended conditions um this supports Public Safety in in this area the pro uh property is located within the mixed use downtown entertainment Entertainment District specifically where bars are allowed um um by right for 24 hours live entertainment is also Allowed by right but it requires a conditional use permit after 11: p.m. so the specific hours of off operation that are requested by the applicant um so from Sunday to Wednesday um they would be restricted to standard hours for live entertainment between 10:00 a.m. and 11 p.m. the applicant requests 10: a.m. to 5:00 a.m. and staff recommends that uh the um hours actually um be restricted at 10: a.m. to 3:00 a.m. the following day the reason for this um recommendation is that um that if you look at the conditionally use permits that have been approved by this body um recently and actually within the last decade um almost all of them are consistent with that 10:00 a.m. to 3:00 a.m. um time frame um there are some examples where it's it's more restrictive maybe less restrictive but generally that that's but what's been consistent um I would also note that this is responsive to community rep complaints um with code enforcement where after 3:00 a.m. there is there's a higher volume of uh uh code enforcement complaints specific to the site um so we are being responsive but generally we are looking for consistency in how we're implementing live entertainment um the rules downtown um for these businesses this is uh some vicinity photos of the the building um uh believe the building was built in 1931 so it is a um kind of an interesting adaptive reuse but it actually has been a nightclub for a long time um there was actually a business license from the 80s that indicated it was it was a it had a cabaret license which is interesting on the screen are some uh I mean indication of kind of the surrounding uses and some of our I mean it's an indication of the mixed use nature of downtown we have a lot of residential uses we have a lot of lodging uses like hotel and motel um and uh I indicate lodging uses separately but it should be noted that um a lot of these um hotels and motels are actually used for non what is referred to as non-transient lodging or people um live there so uh staff is concerned about um impacts upon residences downtown um this is a I mean uh it's and even though it's called the Entertainment District we we recognize that people live here and we respect that um that being said on the other side of this is that there is a number of existing love entertainment businesses within the vicinity um primarily along Second Street but um there's others spattered around and this one wasn't existing for a very long time uh due to the concerns regarding noise and um and generally uh the I mean staff's interest to to really understand the challenges that we're facing with live entertainment uses um downtown we requested a sound study from the applicant uh the this uh the diagram on the screen are the findings of the study um with all recommended conditions from that sound study being implemented um in the staff report um you'll see that there there are a couple of these uh diagrams that still show that they that it's not impacting residences but we did want to be um I mean sure that that that this is going that we can defensively um support this application um considering the the impact it's had on the community and or ex sorry the impact that live entertainment has had on the community in the past the uh this specific um diagram is representing um noise elevated um receptors meaning that closer to the ground it actually has less impact so this is the greatest impact that we can expect um with uh with uh the proposed um conditioned um improvements being implemented um I want to note um condition number 11 requires sound levels to be restricted to 80 DB this is um referencing uh more of an enforcement note that if we take a sound meter and place it against the building wall and it exceeds 80 we are no longer confident that the sound study is is um is um is is valid so if if it's if if it's at or below 80 we can be confident or comfortable staff is comfortable that the um sound Contours that you see will fade out accordingly the green area represented there or outside of that green area is representing the um the median sound that exist currently downtown um so it really wouldn't be um outside of those sound Contours it should not uh increase the ambient noise um above a noticeable difference according to this study um I also say that the 80 DB is rated in the ccale um the sound study found that the a scale wasn't relevant to this conversation so we are purely looking at ccale along uh with um the sound study staff is generally recommending that these businesses submit a security plan that's approved by code enforcement the police department and and the zoning administrator um the applicant has submitted a security plan that has been reviewed by all these all agencies um it includes uh standards related to personal deployment and training the surveillance requirements risk mitigation and emergency response and other um security measures to be um a standard condition that we're implementing with live entertainment uses is ensuring that um there's enforcable standard to maintain orderly cues and pedestrian access on the sidewalk um to be responsive to code enforcement and um the Reno Police Department we've also implemented our our recommending condition for security lighting to be installed um on all um exposed sides of the building um and this is addresses a very specific incidence in the in the past um that improves the the situation in this area um lastly adjacent sidewalks curv and gutters are cleaned at that end of each night um this is a standard condition as well but it is not only just to make the area cleaner it is also to um increase what's called territorial reinforcement it's this idea that if if a place looks cleaner if a place looks like it's being taken care of um it it discourages elic elicit activity in the future so these are all conditions that have been vetted um by code enforcement and the Reno Police Department and um they are generally being applied to all conditional use permits permits for live entertainment that we we see down um downtown and and and other places in the city on the screen are findings for for a conditional use permit um generally staff is uh is comfortable um with the proposal with the recommended conditions that they will not impact um uh adjacent properties um and yeah so that's that's our recommendation on the screen is the recommended motion um I'm available for any questions and the applicant has a presentation as well thank you now we'll hear from the applicant hi my name is f Mahana I'm the owner of Club one up uh we're applying for condition use permit for the business to open from 1 p.m. till 5:00 a.m. every Thursday Friday and Saturday when we submit the application we've been getting a lot of public comments and complaints mainly from Montage residents and they been I understand they have a a problem or opposition about the noise and the volume sound at the same time they've been attacking me at a personal level we got a letter from the secret of HOA saying like criminal activity crimes all this false accusation first I need to defend myself at the personal level because they don't know me this is is the building this is West commercial row and this is West Street so my name is fed Mah I came to this country in 2000 in uh 2000 as an immigrant I got accepted at University of Nevada civil engineering research assistant I was working in research assistant doing research for University and andot I graduated a master in civil engineering in year 2001 I've been living in this city for 24 years and have four kids I did a lot of project in this city for 24 years Bridges highways local streets i580 project all these Bridges from new Carson City spaghetti ball project us395 local Street I did work for RTC McCaren and all local street at the same time I was a lecturer at CHR teaching civil engineering helping student to pass their exams to become a professional engineer at the same time I was a member for two years on na one because I'm presenting bars and rest in downtown so that's on professional level on a business level we invested a lot of money in Reno right now we own two existing businesses in Midtown which tequila catador is the restaurant whiskey Lounge F cheese cake we used to have a Italian restaurants Whiskey Bar red Martini Club one up we've been involved in the Philly food truck you know so like I'm trying to explain express myself yes we love music we love entertainment at the same time we did a lot for the city on the professional level and on the business and entertainment level this is the building like Carter presented was built in 1931 it's been in nightclub for almost 25 years so this is the this is the building 214 was commercial law and this is the Montage building where's the laser has no laser I don't think it does That's So This is the that's the top view of the building versus the Montage building okay because the main complaints 90% of complaints coming from the Montage residents so the club we opened the club in year 2008 when the Montage building was the Golden Phoenix Cino even didn't exist and we've been we we work for between 2008 2012 12 we suffer in the bad economy but we made it and we had employees when and we were generating uh income for all our employees the club used to bring a lot of big Headliners do a lot of big shows used to pull people outside the city never heard about Reno from around also we used to do a lot of special events and you on our far Rising events we had we used to have 18 uh we created 18 jobs and people were living from paycheck to paycheck and mainly our employees were local residents and you are students and we've been paying taxes for 14 years so like we talk I'm going to like we said downtown Reno is z as MD it's mixed used downtown It's Entertainment District entertainment not only resident It's Entertainment District that's mean we are allowed to have entertainment bar restaurants nightclub if we comply with the code with the code and city code and also we need to create growth in downtown to create growth in downtown you have to create businesses you have to create bars restaurant dining downtown should be the image of the city if you walk to downtown right now Virginia C it's scary empty building vacant building business are closing homeless people all over there's no food traffic in downtown and we're losing the growth if you don't support investor opening business creating jobs like the gentleman said we are going to die we need to keep moving and create this grows and and this progress as long as we comply with the city code and the law so like we said downtown is almost like Ghost Town night Town nobody come to downtown everybody go to Midtown or South Town even local don't come to downtown there's nothing there's no entertainment there's nothing this is the inside of the club Miss chery said she came couple times to the city and the owner doesn't care or he never cared in 2010 I was approached by the C enforcement complaining from the monage building so to assess their concern and their problems we built a sound wall on the West Street side and we built a double door at the entrance that was based on the Montage complain also hotel next door also we built a sound wall on the motel side and for both sides and yes we do care when they were complaining we did some action we work with the city and we built a sound wall the same time we applied uh a roofing material is called expanded foam on the roof it's like one inch and that's will stop the noise from leaking so we built side sound wall on the three sides and we covered the roof to stop the leaking of the noise the sound wall cost me $116,000 back in the days and the roof $26,000 we spent $42,000 so yes we do care and we did lot of actions lot of work we spent spend a lot of money keep saying the owner don't care and he will not care he will never care we do care and we did our best to contain the the sound and address their issues when we applied for the cabar license or entertainment the city was asking to do a sound study and sound study was was done by a company it's certified by The Institute of noise control engineering that's mean whatever report they do or study they have to stamp it and when the gentleman or the engineer came out there was a city staff representing at the same time he was doing reading the decb of the music at the same time the professional engineer was doing it so this is the inside of the club we set up a base and a sound and we played the music at9 to3 DBC DBC measured the base that's what everybody complaining is the base we have no concern about DBA that's the base and we never we never run music at 13 DB usually we run between 90 and 110 but we run at 113 to create the worst case scenario at the same time the club was empty no furniture no equipment no crowd it's mean nothing absorbing the sound that's the worst C scenar which will never happen and we did create two location one from the Montage building and one in front of the Third Street flat ST1 stand for short term LT stand for longterm short term that's mean we go there we stand for 15 minutes we measure the decb long term we me we put uh monitors and we measured for 5 hours so L ST1 LT1 ST1 was in front of the Montage building st2 lt2 in front of Third Street flat so that's in front the Montage building we were standing there and measuring the sound and this in front of the Third Street flat and these are the monitors measuring for 4 hours the most important thing is this graph this graph show we be running music from 7:30 p.m. till almost 11:00 p.m. inside the club we were running at 113 112 DB the reading in front the Montage building in front at the bottom was between 68 and 70 D the max even when we turn off the music we turn it off there was no music it's still reading 70 DB which means the music or the pro the Improvement we did for the building was not creating access of deciel in front the Montage building then on front of the Third Street uh third flat Street oh also was reading between 72 and 70 DB even when the train was passing was created between 82 and 86 DB these are fact numbers scientific numbers done by certified acoustical study if you look on this paragraph that Carter presented as you can see at the ground level the green represent between 65 and 67 DB that's the ground level if we go to the third level which called elevated receptor that's about third floor if you live on the third floor at this location not the Montage you're going to still hitting less than 65 and 67 so they keep saying when the decibel go up create a higher decibel and we measure it at the third level still between 65 and 67 so the recommendation of the sound engineer my recommendation to remove we have two double doors to remove the interior door on the other side and to replace the exit door with STC 40 accable R and to give you an idea does the existing one people coming in we close the outdoor and the inside door is closed we suggest to cancel this door and move it on the West Side so there's no we got to eliminate the leak of the music as an extra measurement also so we're going to create we're going to install some up uh material on the wall to absorb the music and the sound as is right now is measuring 65 D at the end of the edge of the street if we do the noise control you see the distance is going to be closer to the building it's way far away from the Montage building and when we installed the sound wall the code enforcement went to Miss Cheryl apartment 19th floor in the Montage and they were doing the measurement of the noise there was no reading they couldn't read anything again the third level Interceptor as is right now which we don't have to do anything but to be in a good faith and be a good neighbor we decided to do extra measurements so we can locate it around the building and like Carter said the code enforcement asked for couple uh Improvement in the building like lighting the three sides which we already have lighting behind the building and that's the front the building how used to be also control the line and that's why we used to control the line using uh fence crowd fence control crowd fence and that's like zombie CW that's the busiest night of the year and that's that's how we control the crowd also they ask for extra measurement like security Staffing which we already submitted and we're willing to train our security controlling the crowd the our operation asking from 10 till 5: 3:00 a.m. doesn't make sense we cannot open the project doesn't make visibility and we're going to maintain the exterior light clean around the building and keep the place safe so I'm I'm a I'm a I'm a normal man I'm a small man and at the same time I'm wanting to bring something beautiful Torino downtown it's a music everybody love music I want to be a good neighbor work with everybody but I need the opportunity and we're not criminals we're not create crimes we don't do illegal stuff we're creating music we're bringing investment to downtown make it more beautiful attract more tourists more people and I'm willing to address their concern and work with them but at the same time I need some support and I I'm asking for the opportunity and uh thank you all right thank you um before we get into public comment and disclosures I wanted to invite the people standing in the back we're coming on the 2hour Mark um there are a number of open chairs and those of you if you're just storing things on open chairs uh if you could keep them clear so people can sit if they they'd like to sit okay got some feedback on that uh now we will take disclosures from our commissioners start to the right commissioner VTO familiar with the site received and reviewed public or received and reviewed correspondents I also think I met the applicant some years ago at one of his establishments um but I have not spoken with the applicant about this specific project commissioner Dracula R received emails familiar with the site also been to the club when it was one up well over 15 so years ago commissioner Joan uh familiar with the site used to live next to the site um yeah that's it commissioner rorer read and received emails met with the Montage homeowners association and some of the neighbors and familiar with the site commissioner and Von wave I received and read emails familiar with the site and visited or met with um some of the residents at Montage commissioner Basera write and reviewed material met and spoke with Reno Police leadership met and spoke with nearby residents met and spoke with Reno residents who went to the previous bar under the name oneup and I am familiar with the site commissioner delv I am familiar with the site and have read all of the public comments and other materials that were provided uh commissioner jman I also read emails in uh uh regarding public comment for the site thank you so we will go to public comment why don't we start with a public comment online do we have anyone wishing to speak we do not currently have anyone with their hand raised if you'd like to speak under public comment for this item please raise your hand at this time we don't have anyone but I will let you know if we do all right we um we have a number of public comment in that submitted um we'll start with uh magley Rivera good evening sir I'm not sure if that's your public comment card yeah hi hi Michael R okay uh good evening uh I'm here tonight to express my strong support for the reopening of oneup uh nightclub in Reno's Entertainment District for years oneup us played a vital role in our City's music and nightlife scene bringing internationally recognized artists to our very small but Vibrant Community this isn't just another bar or club it's a whole cultural Hub that attracts music lovers and supports local businesses that puts Reno on the map every time as a destination for live entertainment I understand the concerns have been raised about the noise and the impact on the surrounding area but we've mitigated them uh the science is on our side not not an opinion science is on our side Beyond entertainment uh one provides real economic benefits it creates jobs um for bartenders and staff and engineers and pretty much any else one who works in this industry where there's a lot of work in this industry many of us got our start there many of us learned how to how to play there and some of us have gone on to International startup because what fatty does fatty lets everybody get on everybody gets their start there this community needs the music and it definitely needs the music scene um so we need to do what we can to make this town as hot as it could be this isn't about today it's about tomorrow thank you have a good night thank you Maggie tillander okay yeah there's okay come on up Sir can you fill out a public comment card please Michael Rivera did have a public comment card yeah yes I have yours and now I have hers hello I'm Mall Rivera for the public record I'm requesting a denial of the cup application for extended hours due to problematic past behavior of excessive noise cleanliness and violence as a wh as well as a failure to act in good faith with residential neighbors I also object to further use of our City's law enforcement resources to monitor such criminal activity the business attracts while I do not face the this business I have nevertheless heard the fights and gunshots in the middle of the night and been subjected to the broken glass and garbage littering the streets each morning I recently attended a neighborhood Advisory board meeting where the business owner listed his solutions to these problems it is not enough to have a list of promises with the difficult circumstances the city faces funding and Staffing law enforcement it is irresponsible to approve a cup entitlement for extended hours which would seriously burden our limited resources if this business reopens let it prove with actions that it can establish new habits within the normal hours for live entertainment why would our Representatives reward a historically documented problematic business with such a privilege as a cup entitlement why lessen our quality of life while rewarding a civically unresponsive neighbor please consider all the documentation that Sharon ellig has admitted although Sharon does not own a dog she saw a need for a dog park downtown and has given countless hours to establish and maintain the park which is right next to this club tourists praise the park and it has become a place to socialize it has made downtown safer so please do not discount the documentation presented from someone who was a good neighbor and a model citizen who has better downtown people ask me why I live downtown if businesses are so problem atic my answer is that most are not and I prefer living in a b busy City because I was raised in one I raised my own kids at the Montage in downtown Reno I have a community of friends and colleagues there I miss dear neighbors who lived in past away there this has been my home for 13 years and is now home to my 94 yearold mom my mom is happy here I take her to casinos restaurant shows and my neighbors have been so welcoming please honor my commitment to my family my home and my my downtown and deny this cup application thank you thank you agie Tander good evening I'm Maggie Tander and I strongly urge the Planning Commission to deny the permit for LD c25 0027 the applicant has a long well-documented history of running establishments that disrupt the community endanger residents and degrade the quality of life in our downtown misuse uh mixed use neighborhood I have been a montage board member a member of the clean and safe committee as well as a resident representative on the downtown Reno partnership since 2010 I have become intimately familiar with the oneup club as well as its previous incarnations under the same ownership work red Martini each one of these venues has repeatedly failed to operate responsibly and consistently burden residents and City re Resources with crime noise and dis disorder the oneup club has been a magnet for crimin criminal activity including shooting strugg related incidents underage drinking calls for police service at this location are frequent to our police our police chief has publicly stated law enforcement is already stretched too thin to properly Patrol code enforcement is equally under resourc with only one officer who even work who does not even work on weekends leaving the area completely unprotected from ongoing violations hotels motels residential facilities have endured years of excess noise disturbances especially from the deep base vibrations that shake the window the furniture well into the early morning hours directly impacts our health our well-being robbing everyone from a peaceful nights and restful sleep prior attempts at noise mitigation have failed miserably the uh planning Comm uh commission's previous requirement for a double door entrance has not been completed yet showing a pattern of disregard for compliance beyond the crime and noise one Club has been a terrible neighbor trash broken glass debris surrounding area and businesses nightly crowds loiter in the parking lot between the oneup club and the Eden leaving further disorder there's no effective crowd control enfor enforcement of queuing lines creating chaos outside the venue enough of enough the oneup club and it's um has had years to prove it can operate responsibly and has failed in every turn there's no reason to believe this time will be any different I urge the planning committee to prioritize safety and the well-being of residents deny the permit the applicant's track record is clear he cannot be trusted to operate responsibly in a mixu neighborhood thank you for your consideration um all my comments were on the record also thank you Eric lude good evening my name is Eric lude I live in downtown Reno um during the first public comment session tonight I spoke about the status of the excessive noise that's going on and how the city has not resolved the excessive noise problems left many of us in a conflict zone until the City of Reno figures out how to manage the situation I request that no application for cups should be granted to entertainment facilities in addition please refer to the email that I submitted in regard to this application for the oneup club I want to make a few other points about the oneup club's application one the applicant says he is an outstanding Citizen and that may be very true um but there is also a long history of criminal and other problematic activity that has occurred at this business it doesn't appear to be disputed it's well documented um in addition there's a long history of his not cooperating with nearby residents to try to resolve problems we want to be good neighbors but that apparently hasn't occurred in the past the latter should carry as much weight as the former um I'm also concerned about the applicant wanting to use the parking lot to the south of his business um now he didn't talk about that tonight so I'm not I don't know if that's still happening but he did ask did he did talk about it at the ward one NAB meeting last week and he admitted that he would not be able to control what happens in that parking lot that will likely be a huge problem for the residents of the Montage and others in the immediate area we we um there has been an ongoing problem with criminal and other bad activity between 11:00 p.m. and 7:00 a.m. in the parking lot at the southeast corner of second and Arlington uh that's associated with patrons using the clubs on Second Street in Arlington Avenue I think it's fair to expect that that same type of activity that happens there is going to happen in this parking lot that's behind the uh oneup Club if that parking lot is used um for the by the business finally the applicant makes an interesting point he says that downtown Reno is a ghost town and that he claims that his business will change that well I disagree adding another nightclub that just operates from 10:00 a.m. until 8 a.m. 10: p.m. until 8:00 a.m. will just add to that ghost town sensation uh those businesses his business will be closed during the day and the early evening hours there will be nothing going on uh most of the time when people walk by that business what we need is a vision um for Reno that is has more businesses a variety of businesses and offering products and services to re residents and visitors we have no problem with progress or entertainment we just need a balance that's all we need a balance thank you for your time and consideration Mary BBY Mary babis I'm submitting public comment for the record on the conditional use permit application at 214 West commercial row I represent the owner of the four Parcels that constitute the entirety of the ground level front flake facing block to commercial row from West Street to Sierra Street immediately to the east of 214 for West Commercial three of these Parcels are vacant commercial shells with a total approximate 15,000 ft within the Montage Owners Association the fourth is the over one4 acre vacant parcel on the corner of commercial and West this is the same parcel where one of Mr mahan's acoustical studies was performed this parcel is not a part of the Montage it is fully developable as mded I additionally own a three-story residential townhouse unit situated on the fourth through six floors of the Montage I have 87 linear feet of open balconies and floor to ceiling Windows adjacent to Second Street it is immediately across from the West Second Street bar I therefore know very well what it is like to live across the street from a 247 bar with live indoor entertainment hours up to 11: p.m. I have several million unencumbered dollars currently invested in that block my husband had development intentions that would have been upwards of $10 million I am currently in a position where I personally need to decide if I want to develop these properties let them remain as is and contribute to the vacancy of downtown or cell I understand I am one of a very small number of individuals that own both residential and Commercial properties in the entertainment or Riverwalk districts on the north side of the district as well as reside there in full disclosure of a potential conflict of interest beginning in January 2023 through November of 202 4 Mr velto in his capacity as an attorney represented parties that sued an entity solely owned and managed by my husband in an attempt to pierce the corpor veil he named an unrelated entity managed by both me and my husband and additionally each of us individually my defense was tendered to the insurance carrier so I had very little say in its final resolution the four commercial properties were purchased in July of 2024 this was well after Mr mahan's closure of his prior business in the one-year period for him to renew his special use permit that was issued specifically to him as a Les e 2 and4 West commercial row was therefore vacant I want to speak to the legal term coming to the nuisance the current annexation and Land Development code Title 18 became effective July of 2424 after our purchase at time of purchase the commercial properties did not have inherent nuisances resulting from the presence of a live entertainment venue within approximately 100 ft from a potential residential property with hours after 11 p.m. no special use permit existed I'm stating my objection to Mr mahan's application as at my opinion my property values will be negatively impacted as it both hinders my future development of a surrounding property and liit the availability of buyers should aive entertainment venue be approved a conditional use permit runs with the land and the commission's approval would therefore be in perpetuity regardless of the owner or lese of this property I want to thank you for your consideration of my comments and appreciate your own contribution to the City of Reno thank you Gary Cil uh good evening a and Commissioners Gary SLE for the record and regarding 214 West Commercial Road permit application at the February 10th W one NAB meeting I asked the applicant if he would please collaborate with Montage residents to run a sound test with measurements in our building we could then measure the big booming Bas music the old oneup Club primarily played and which caused countless sleepless nights for hundreds of downtown residents he emphatically said no yet he confirmed his study as he said tonight only projected sound up to three floors the Montage has 24 floors the Riverwalk has 22 floors I'll tower has 25 floors in evaluating the Sonic impact of his Amplified music on hundreds of residents living in extremely close adjacency to the proposed location his sound study effectively ignores high-rise residents now let's look at some of the negative effects of his operation of the club at the same location and this document was placed on the record by the city these are actual RPD calls to to the same location between 20 and 2021 the nature of the cause assault burglary assault intimidation drugs drug equipment assault simple simple simple assault aggravated rap assault assault assault aggravated assault homicide murder this club was like a roaring flame to a moth for very serious offenses I'm going to read a couple of excerpts from Mr Miss Sharon 's document she's put on the public record and by the way she received a City community champion award for her work on the dog park so this is an excellent person these State go back to 2010 2014 these are RPD documents on the public record the violence there resulted in the shooting and stabbings that consumed a lot of time of our police I filed my original complaint on March 22nd and have never been called to testify on behalf of my complaint regarding this bar I've been in contact with the manager Jason Brown and he asked me to text him when it's too loud so you're awake and then you have to text you have to tell in the middle of the night that the noise is too loud something's wrong there it's the wrong way around I've called Reno direct no a dozen times I received a phone call about 6 weeks ago to make arrangements to come to my condo at night and check the noise level of course that never happened the applicant allowed excessively loud booming bass noise to disturb hundreds of downtown residents for many years but the record also shows from miss miss elig that the city enforcement consistently made ineffectual responses and in many of those years they simply let her and other residents down the applicant wants to park cars in an area directly opposite Eden Club on Second Street that same Club recently had its license suspended for appalling criminal activities in its vicinity this will be a serious public safety issue for the city considering my concerns I respectfully submit that you cannot make these findings if you could see them we would know [Music] that anyway this is all on the public record thank you for your attention thank you Ken Hines my name is Ken Hines I'm a downtown resident and I'm here to oppose the application for 214 West commercial row for a a cup uh this application does not meet most of the findings that are required for a cup to be issued uh as you know the use of the property must be compatible with the surrounding development that is one of the findings the surrounding area as you have seen in charts and you have seen in videos is residential it is primarily residential within one block of the oneup club there are 7 00 residents within three blocks there are nearly 2,000 residents having a club that is a crime magnet and is producing excessive noise that keeps old ladies up at night consistently is not compatible with the surrounding development this application must be denied based on that another Finding is that there have to be public services available to mitigate the issues presented by the application Reno has a severe shortage of police Personnel Chief Nance is on record as saying that also there is one code enforcement official for all of downtown That official does not work weekends that official does not work nights so basically there is no code enforcement so they cannot make a finding that there are public services available to mitigate the detrimental impact of this business and that is another reason why this application for a cup must be denied also another Finding is that the cup will not be materially detrimental to the public health safety or welfare well first of all as to the public safety as you've heard it is a crime magnet this is police reports complaints residents trying to work with the applicant to get some relief which has all been ignored this is on the record the police do not lie the record is what it is so I urge you if you have not looked at these materials in the record please look at them they will lay it out it is the truth as far as the public health noise is a public excessive noise is a public health hazard um there are medical documents that show it it creates all types of sleep disruption and so that is another reason this must not stand thank you thank you Tyler Bart good evening my name is Tyler Bert I've been a proud and Rita resident for the last 23 years I'm speaking today in strong favor of the nightclub project at 214 West commercial row as you may or may not know this historical building has been the home of our night life establishment since 2008 or even before that over the years we've hosted countless special events and brought artists from all over the world to the city's residents to experience and enjoy it's not an easy task to describe what this venue was and the value that it brought to down downtown Reno's Entertainment District what I can say is that it was more than just four walls with some speakers and lights it's a Safe Gathering space it's a creative Hub and a source for Pride for many residents in Reno we showcased local talent we created jobs we brought people together to enjoy the magic of Music this naturally brought light to our art and music scene as well as boosted the local economy we all know challenges arise in the nightlife and entertainment industry however I believe any challenges that present the M eles to us can be circumvented through constructive dialogue collaboration and strategic planning a business is only as good as the people who are operating it that's why we have a team of professionals that are honest hardworking people that have integrity in everything that they do we will always take great pride in offering a safe space for passion and creativity to flourish I understand people are in opposition of this Venture mostly because of concerns regarding excessive noise acting in good faith and to be a good neighbor the business owner spent thousands of dollars to hire an acoustic consultant to ensure our operations would not disrupt surrounding businesses or Residential Properties I was in attendance for the study as well as a city representative who was cordially invited the findings of the study scientifically proved that our maximum sound system volume was virtually inaudible around all of the exterior areas of concern Even after spending thousands on this study and tens of thousands on acoustical treatments we still still have plans to further fortify The Sound Treatment of the venue to ensure the venue's sound is completely contained I have faith that you will all preserve the right for a taxpaying law-abiding Reno resident of 25 years to open his business earn a living allow us to follow our passions and continue offering music and entertainment to the city uh I hope we'll hope you allow us to reopen this special place that means so much to so many especially the 528 uh people that have signed our petition in favor of this endeavor I have 30 seconds left uh so I just want to say um uh in regarding to uh uh police and criminal activity um I uh I find it unfair for things to happen around a business to be uh the business's fault I mean there are are always things that happen uh in downtown there's things that hap happen outside the movie theater outside of a a burger place outside of um you know a antique shop um that doesn't uh okay that's it thank Youk you Ethan Su Ethan okay Cole Rodriguez okay um Ethan was in favor Cole was in favor Jason bretts oh this one is for the J Resort sorry and how about um baton a day is that Zeta sorry very close hi guys My Name Is batan Zade everybody says bot if that makes it easier uh I own Marmet properties we're local developers here um I have no Financial stake in this project uh I'm just here essentially cuz we spearheaded development in Midtown and if you walk through Midtown right now it's beautiful and we're trying to come into downtown but with all the vacant buildings it's really hard to justify a project and putting a business owner in there when his neighbors are just vacant blighted buildings so when we see a building trying to come back to life and there's so much opposition against it it really worries us uh I know Mr F very well I opened hookava many years ago and I was also having drug issues in my business and he coached me through how to solve that issue I work with the ropd and and especially Mr P and he saved my business there um I know for a fact he's super clean guy he has four kids beautiful wife he's never touched drugs he's a really really good person so I think his character shouldn't be questioned he's a very good man and then as far as the neighborhood I I don't think the concern is no noise it's acceptable noise and he has done the sound study and it shows it's acceptable noise and in the past that building I'm sure you guys are aware is owned by Johnny ycu late John icue who's notorious for not spending a dollar on his buildings so that building was an old decrepit building which it's not that anymore with the new roof I'm also a general contractor that roof is very good for sound and the proposal that they're making to you guys to move the door and add the acoustic doors it's going to solve those problems and I mean I think it was a different time back then but Mr F has done very well for himself since then and he is willing to invest in this building even though he's renting it and if he doesn't then this building is going to stay vacant potentially for decades just like the remaining 70% of downtown Reno so if we have more businesses come like this downtown it's going to attract other businesses it's going to attract more action and if the argument is hey downtown looks really rough and businesses like this will make it look rougher it's the opposite if we have more action more lights more foot traffic we will have a more lively downtown there will be less crime there'll be less issues and I know how Mr F runs a business because I spend a lot of time in Midtown and he owns whiskey lounge and Tequila cador if you guys walk in there these are very clean amazing businesses he runs a good ship and I think it's unfortunate how people are so against him uh when I know he's not a bad guy thank you thank you Anana Bennett my name is zanen Bennett um was not going to speak but after hearing some of the stuff as far as police reports go um thought I would come up and say something if we're going off of police reports in November two 2017 there was an active shooter situation in the Mage apartment in downtown Reno where the SWAT actually had to come in and Take Out the Gunman so if we're actually talking about situations that happen around areas then I implore you not to take residents in Montage because people are shooting there that's all thank you Steve em not here uh wish in favor Jaylen Stewart hi my name is Jaylen Stewart and I'm a little bit nervous this is the first time I've ever spoke like this so I do apologize but I could start by saying well first I'll say that I am in favor of the nightclub opening back up um and I would start by saying that one up was a legacy to Reno how it was loved by so many people inside and outside of Reno it gave the local artists and DJs a home in a community to grow in music and for their music to be heard and to be loved I could say how it gave us a place where outside artists that we already knew and loved could come and perform which all of these are true and if you read and saw our petition over 5 to 600 people in the comments actually agreed with me um but I also want to talk about how it was my livelihood and a lot of other people's livelihoods I was a barart Turner at oneup and I lost my job unexpectedly the place I did call home and I had a community in and my chosen family was gone along with my income they say if you love what you do you'll never work a day in your life and I really did love that nightclub um one upraised me as a scared baby bartender fatty gave me the opportunity to learn and grow inside of his facility um I'm now a cocktail specialist and a mixologist I do manage tequila catador and I am in association with whiskey Lounge as well um I found my passion inside of those four walls inside of one up I watched our local artist grow inside of those four walls where one of one of them is actually my brother um he is now in La who works in a huge music production company um another one of our local DJs is now touring the country and another one has a residency in Las Vegas um many many good things have came out of that place I felt like I was a part of something huge there's not one person in my generation that I know that has not been a part of one up there is no place quite like it the hugs and that were given and the tears that were um shed the night that we closed are embedded in my brain it was a legacy to us and to some of us who were here tonight um we deserve our jobs back we the artists who need their stage deserve to have their stage back nightlife deserves to have this place back and Reno just deserves to have this place back thank you thank you right Ardo Alvarez Rios he had to go oh okay he was um in FA wait well he checked both in favor and in opposition it's in favor he's in favor he didn't know what to okay no appreciate that all right do we have any other requests to speak under a public comment anyone online I do not have any more forms no one online has their hand raised at the moment all right we're going to close public comment did we do disclosures we did but I would like to supplement a disclosure um I become aware of something I'd like to disclose out of an abundance of caution uh a public commenter and apparent adjacent landowner who has spoken in opposition to the property identified that I represented an adverse party in a lawsuit uh outside of this comment I would not have known who the individual was uh that lawsuit has since settled the property involved in the action is I would guess half mile away far not in the adjacent area uh there were 10 or so attorneys in this case and I was acting in my capacity as a lawyer I obviously Harbor no hard feelings or ill will towards any opposing party in any case uh I'm a lawyer I sue a lot of people it's what we do uh this does not affect my ability to be objective when hearing this land use matter and I've consulted with legal counsel and been advised there is no conflict of interest um beyond that I just want to say something generally to the commission because I'm a little bit concerned um I want to just kind of clarify our obligations under Nevada open meeting law uh particularly NRS 241.06 I we heard a lot of public comment discussing the character uh in alleging criminal violations about a specific individual who is present presenting a land use application uh this hearing was publicly noticed as a land use decision meaning our focus should be on the merits of the application such as zoning and planning and land use use requirements um under NRS 24133 if a public body intends to discuss character misconduct professional incompetence or the health of any person Nevada law requires us to provide adequate Advanced written notice that is specific as to which types of allegations that we will be discussing in public comment otherwise it constitutes a public uh meeting violation or violation of open meeting law uh because of this legal requirement I would urge the commission not to consider any of these allegations of misconduct and not to discuss them doing so would violate the applicant's due process and give rise to an open meeting law complaint uh I would also urge us to confine our discussion to land use you know I am not the board's lawyer I do serve in the capacity of a lawyer for multiple public entities that's why I have this knowledge and I would suggest if you disagree with my assessment you could perhaps have legal weighin but I think it's really important that we stay focused on the land use items and do not open ourselves up to an open meaning law violation right thank you um with that I guess let's go into questions for the staff and applicants any commissioner want to kick it off commissioner B great commissioner baser for the record uh Hey Carter um do you do you mind putting the conditions up just for ease just so um we couldn't take a look at them see what we're working with are you looking um Carter Williams associate planner for the record conditions related to the sound study or I guess all the conditions if if that's possible okay great and just so for clarity are we by right today without a cup or cup how late can they stay open per indoor uh live entertainment it is 11:00 p.m. okay and what they're asking for is 5:00 a.m. uh with live entertainment correct okay great um thank you um and actually before by line of questioning and then I'm take a little bio break I do want to make a little uh comment I know long night I I did want to express something that I was already plan to do uh after hearing some of the comments which also builds upon commissioner vel's uh sentiment that my line of questioning tonight will be focus on the project and uh kind of the facts provided and that I think uh we should definitely stay away from uh going against people or character and I don't think that's the culture that we want here in these Chambers ever so thank you commissioner velto for reminding us of that as well from the legal side um so with that I'm going to yield for a moment I'll be right back commissioner B waya um car Hall I think somebody's gunning for your job um good evening uh Carter um so uh my question is um I think actually this is partially um what bah was going uh was the line of questioning he was on so live entertainment and Amplified can you describe the difference so live entertainment and Amplified entertainment or just Define the same in the arena Municipal oh they are they are yes oh okay so so then both I guess they're allowed both until 11: correct p.m. yes and is that mon is that Monday through Sunday there are no hours like days of the week that that is specific to so it is 7 days a week 10:00 a.m. to 11:00 p.m. for indoor operations and and then so they so the applicant is seeking which days of the week for the extension Thursday Friday and Saturday okay and then you guys not you guys I'm sorry staff is recommending 300 p.m. or excuse me 3:00 a.m. correct at a modification so it's recommending approval with a I guess approval is recommending that it just approval with the modification so so as proposed the motion is with the condition condition number five that includes the 3:00 a.m. restriction a modification would be required if you were to um go allow for the 5 am oh oh oh oh oh okay okay um okay those are all my questions for right now thank you questions uh hey Carter can you um possibly pull up oops eight of your presentation so I I just want to understand um the sound study was performed and what we're looking at here is it it'll help me ask questions if you re-explain this absolutely so the this represents um the sound stud study if all noise control measures that were recommended in the sound study are implemented so um this includes the relocation of the West the the door so that it creates an interior like baffled entry that prevents intermittent noise from escaping um sealed doors and ventilation um on both on the front and the rear sides of the building um introducing new sound dampening material to the existing vestibule um and then and then upgrading the uh the doors so that they're acoustically rated so with that this is represented of all those noise measures implemented and this is this is the um representative of uh the elevated receptors meaning so with sound when sound is closer to the ground it doesn't travel as well because it the ground acts as its own um sound dampener as it increases in height it it it spreads out further because there's nothing that's that's preventing that sound from from uh or it's it's not impeding the sound's movement so this is the worst case scenario as represented at the that I think it was mentioned the Third floor level but staff's perspective is also that dissipation is happening regardless it's not like it's not like sound continues forever and that's what represented here that it's further enough away from the building that staff is comfortable with the results of the sound study with with the implemented conditions and and I think what was really interesting to me was when uh the applicant's presentation had a couple of different graphs than yours one of which showed that when the sound was cut off it was the same amount of sound at the third floor of the adjacent building do you have any reason to dispute that I mean is that is that was it an accurate representation based on the sound study by saxel be Acoustics so the yes that's that's correct in that they they measured sound without anything running it was the median sound from The receptors that were placed were at 65 DB um the with the introduction of the the sound the it did in increase a little bit with existing conditions for some of them but but um generally there wasn't an impact even without the from those far off receptors without the um without the improvements this is based off of modeling that that we're we're we're taking to we're taking it a step further I guess but it is generally the case that the the sound study didn't represent a significant increase even with the improvements that are in place today and then as far as um I want to Pivot to the hours of operation and the differences between what the city is proposing what the applicant's requesting in terms of 3: a.m versus 5: a.m. um are there other venues in the area that are able to do live entertainment till 5:00 a.m. yes so the history of live entertainment is interesting because we really only started regulating with conditional use permit or special use these entitlements since 2003 so if a business operated before that they may not be subject well they aren't subject to noise requirements they aren't subject often to um uh hours of operation so there are businesses um I believe tonic is an example um Eden does have actually they actually do have a conditionally they have a 3:00 a.m. cut off so there are a couple West Second Street is yeah that is an example so there are a few businesses that are but most all the ones that we've implemented these controls on with the conditional use permit are generally restricted to 3 a.m. and so for for Tonic and West Second those go till 5:00 am. um are my impression is that those are like equidistant to the Montage they're very close by I mean would do you disagree with that no I wouldn't I would I would agree with that yes and I mean are you hearing constant like issues on those points has has zoning have has uh let me ask that question a little differently um has the code enforcement branch of the city shut any of those businesses down due to like non-compliance with any code code requirements I can't speak to the specific code enforcement complaints to those businesses however I do believe that there are there this isn't a central problem on one business there are businesses that I mean that are are causing maybe not sound nuisances but what what the public would describe as a sound nuisance um so um so yeah I it's not it's not Central to any one business um however we're hoping that these new conditions will will affect the change as these as those businesses like oneup or 214 West Commercial have let their licenses lapse and then we can we can now apply it consistently across those businesses I sorry I have one last question about this and I guess I struggle with the the Equitable position that tonic and West Second are able to operate till 5:00 a.m. yet this project would not be able to operate in a similar time frame when it is equidistant to the Montage and other surrounding development I I don't see uh given that the sound has been mitigated through these conditions and there's studies that support that I don't necessarily see the the harm in giving the applicant the 5 a. other than I respect your attempt to create some uniformity going forward um but if if I'm hearing from the applicant that that is what's necessary to make this business function I guess I I struggle with the equity aspect so maybe you could weigh in on that if you have any thoughts but that that's just my concern so I I think from the staff's perspective I mean we are we are trying to treat businesses the same when we go through this process and we've had examples recently where we've applied those these restrictions that are in a very similar position um to this business and other businesses um I I think that there is a over there's a higher level process where we may be able to break down these barriers across the board that we've already created um through a a larger like an ordinance that would apply to all businesses and that's that's being discussed um it's I mean it's a part of the discussion tomorrow so the staff's perspective is that we would maintain that I mean we have code enforcement um responses and I I wouldn't even necessarily call out this business we do have them in the area regardless of where the sound came from specific to after that 3:00 a.m. Mark that in combination with just consistency I think that's where that's where staff is coming from understood thank you so much if I can you might be able to help too Mike in regards to the Su in 2009 what were the time constraints there were none there were none yes so that that was there there actually a lot of the conditions that were imposing today they did not have um it was very limited and there's a couple of those examples um in the city that we're trying to to firm up so and and I know that was a while ago but you mentioned 2003 is when we started to apply noise restraints so 2009 six years later I know you can't speak to why were they given no time restraints then so actually I'll I'll clarify 2003 um references a time before we required conditional use permits for nightclub uses okay so prior to that there were no standards for nightclubs they can just open downtown specifically and only in downtown everywhere else in the city they had they had to go through a process similar to this but back before 2003 um there was I mean there was a decision by the council obviously to to add more I mean restrictions and conditions to these because of their impacts and I think I know the answer if they would have renewed their business license they would have been able to operate based on the Su from 2009 with no time constraints correct within a year they had an opportunity to to reestablish the business but it has offered us an opportunity to enhance the building so there is that correct okay as a side comment but go ahead Mike for you sure I just want to piggyback on Carter's response on kind of where those conditions came from so as Carter mentioned in a effort to provide consistency across the board with live entertainment the more we see um planning staff worked collabora collaboratively with code enforcement and reviewed um calls for service complaints that sort of thing and work together to come up with those set of conditions that we have been applying so it was a collaborative effort Based on data that we reviewed hi Carter thank you again um and this is a little redundant but I just want to make sure I'm understand understanding so well if we were not to approve this they would be able to operate till 11 every night of the week correct correct okay and then um the as far as the location this is is this in the Entertainment District it is town okay so it's um within the downtown quor um confined to the Entertainment District okay um and so and then I think this question was already answered but the three you the selection for three was just for cons consistency um you guys chose the staff chose 3:00 a.m. as the cut off for cons consistency yeah and I think from a like staff's perspective is the the consisteny was the first part and then code enforcement um provided additional information I think supports that and that so that was the basis of and how do you guys do enforce the conditions or how to code enforcement um and if you can't speak to this I understand but how does Co code enforcement enforce conditions like the trash and um maintaining the areir like the cleanliness of the space there's a that specific condition or all of them um just in general how some of these um let me see here um I think it was here somewhere so for example patrons awaiting uh awaiting entrance as well as those leaving the establishment shall be monitored to not create a nuisance by obstructing the sidewalk in the area of the business orj adjacent businesses um and then security P Personnel shall be uh stationed how does Code Enforcement do they send folks out in the evening I actually have seen code enforcement out when I've been out yeah they they do and and there's um there so our the structure of our code enforcement team right um right now is mostly complaint-based but there is there are specific avenues that they that they um go into to address either High complaint areas or points of concern in downtown is one of them one specific program that um is a collaboration between the fire department Police Department business license compliance and code enforcement is the cast um which I actually don't recall what the that actually stands for but it is a um it is a program that goes out on high intensity event events to go go and do inspections of many of the bars um and Nightclub was one of the nights it was an event and I did see them out is that it is only on those high intensity it's not generally well I mean again if there's a high number of complaints they would they would they would go out we it's not like it's a hard cut off we have we have the ability to operate or do inspections in the evening I say we but the code enforcement department does um so it's it's not like it can't happen it's part but it does sometimes rely on complaints um and we we get them I mean it's obvious from from this area that we we do get complaints and we we are able to address them and I would like to speak to the original sound implement uh the uh gosh the improvements that were made that was not made through um a condition or an action of this body it was done through work with code enforcement um addressing trying to address those complaints so those weren't it wasn't a US implementing a condition it was code enforcement doing their their job hey Carter gonna give you a little break Carter uh or or hang out Mr Mahana if you want to jump up and play a little ball with us how you doing sir good how you do good good uh good to have you um I was curious what steps were taken to develop the security handbook or protocols for this next iteration of your business we are on going to install cameras indoor and outdoor and usually we have two exit doors we have two security people on each exit door and I'm sorry one exit one entrance that's four and about usually we plan it like one security for every 30 people MH so we have enough security enough Personnel at the same time we do training for the security and we have a lot of meeting was RPD back in the days and that's on the security side for underage we were just every time we see fake ID and we use like we used have a machine the little scanner scanner then we keep we saved the the fake IDs and used to give it to RPD used to give like away 20 25 and usually when we close security people will go out and around the building pick up all the trash and empty bottles and clean that's what we been doing all the time and to answer your question code enforcement will go every Monday morning and if they see anything wrong on the trash or the curb on the gutter they us you used to send me an email or call me so that's how they monitor if we're complying with the requirements and uh we're going to open on Thursday Friday Saturday and usually we play EDM music and spring different crowd like we're burners so so so Thursday Friday Saturday would be till 5: and then the other day is till we're closed oh closed we open on Thursday Friday Saturday okay we might have one special event uhhuh like Wednesday maybe once every six month but usually 90% of the time we open Thursday Friday Saturday and Wednesday Bingo night or something could be comeday night could be on know special event or wedding or something I get you and and I'm asking about the the security because um I didn't just speak with residents right I spoke with uh our our uh law enforcement leadership and other stakeholders and so I'm really just trying to take into consideration everything and and try to find always a path forward for everyone before us whether that's the community or applicants um and I think that this is not just about a sound issue it's I think there's a safety concern which is valid uh you know probably from historical information that's provided and uh so I I think I'm going to have more to say on that and maybe some recommendations because um I do I do want to hear from the rest of the commission I do want to always find a path forward so I appreciate you sharing a bit of insight here I think we should see if commissioner Del VR has any questions for the staff and applicants yeah thank you and apologies for not being there under the weather and nobody wants me there in person um but um this kind of piggybacks on uh commissioner basser's question uh for the applicant and that kind of is um you know I I read through the security plan and I know you worked with um Reno a police department to to develop that I'm just kind of curious as to like what what's different with the plan now than what it was when when some of these other issues were were coming up I I don't know if it is necessarily any different I'm just trying to see like what improvements might have been made um that might help mitigate some of the the issues we're hearing here tonight uh we we learn a lot of uh we learn a lot of lessons from our uh back days mistakes and we did it for like 14 years and every year we learn more as we go and we' been successful for improving our security and the most important thing training people and our focus in the future learn from back lessons to prevent problem from happening then train security people on uh uh how to handle the crowd outside the building and inside the building and of course create a good communication with RPD and code enforcement thank you that that was the only question I had thank you any additional go ahead I do it's good thanks um thank you again as a small business owner for investing in our community and great job um the difference between closing at three and five tell me what's happening there that why that's so important to you first uh since we're doing the the Improvement for the building so if we're talking about the noise doesn't make difference if you're playing at 10: p.m. or midnight or 5:00 a.m. the music is going to be contained people is 24 hours down and usually when we do shows people start going out at 11 11:30 we're not California California people start going out at 78 they could do the last score at 1:30 so the visibility doesn't work I cannot operate a business from 11: till 3: doesn't work for 4 hours second I don't think it's fair for me open a business close my business at 3 where other bars still doing business till 5 6 and 7 a.m. even though we're in the same district on almost the same street and equi distance from the Montage building even some bars are closer the Montage building so visibility doesn't work we're going to failed I'm not going to invest money in a business open project to fail second I don't think it's fair for me for my employees for everybody so we will fail we won't be able to succeed if we close at 3:00 a.m. okay thank you can I can I keep going a little bit if it's okay Carter can I bring you up on that same vein okay so I get the math there it's four hours of business three days a week you know looking at that I guess when you compare it to other bars that are operating late or when you have other bars and you said hey we're we're closing you know you've got a new cup or whatever it is and we want you to stop at 3 I guess I would look at that differently that bar is operating from 2:00 p.m. and opens up and closes at 3: that's significant levels of business hours did you look at this and see giving them 4 hours to operate a business and weigh that at all so well just and this is not directly answer your question but I think it is important to note this is only specific to the live entertainment component of the business the the bar itself can operate for 24 hours um so so that yeah that's the first part the second I mean to to answer your question as far as considering it I mean that other businesses do it I mean that we have other businesses in the in the city that that do operate in that in the capacity they start they may start earlier if that's in their business model I'm not sure um but this has been a consistent um these hours have been consistent for probably a decade or longer we have we have examples for I right so um and and I get and I get that I'm not even debating it I'm just saying did you guys look at it and we it go okay I mean there will be no noise coming from this establishment at 10:15 apparently um so I guess I'm looking at and going okay sounds like noise really honestly to me isn't a problem whether it's Street noise or train noise their sounds not affecting the adjacent Parcels from what we've seen from these sound studies and now we're asking them just to operate for 4 hours um he's asking for two extra hours I'm just not sure what the impact difference is so once again I understand the filter you're putting on it because that's what you've been doing for a decade I'm not debating that part I guess a part of me is thinking about providing him some Grace and adding those two hours contextually ranging from four hours of business operation to six three times a week and I think that's within the commission is right um I our perspective is just that there are already businesses that are restricted to that I get it I get it and I would also note that the live entertainment use is actually specific to amplify live entertainment where there is dancing or a so it doesn't actually cover um even just music played from house speakers I think that's an a specific exemption in the code so there is still the capacity for music it just changes the from the codes perspective after 3:00 a.m. it would change the from a live entertainment um event to a bar that that might may also still have music but not not in the capacity of like a nightclub can can I ask a followup on that so their their predominant type of music is EDM music um I have friends that are DJs I know it's difficult they come up with like they're very creative they have their sets so you're telling me that this bar could at 3:00 a.m. have a DJ who's finishing their set and just then press play on their MacBook and play the same like um like type of music at the same volume and so long as they're not physically DJing that can still go till perpetuity I think that Mike what are what are your thoughts on that as far as implementation it so when cars say speakers think of kind of the ambient music that you would have in a in a restaurant or a club where it's kind of playing in the background it wouldn't be the focused activity so you wouldn't have dancing for example um How You Gonna Stop people from dancing it's that's that's a good point it's one of those things it does maybe fall into a little bit of a gray area it it just seems to me like if that's the explanation all we are doing is depriving someone an opportunity to DJ an additional set when they have the or two sets if it's an hour you know when they can already just play the music otherwise that that is very troubling to me it just sounds like the same I mean sounds very similar to me so the implementation of the land use code the reason it was done that way was to differentiate um I mean a live entertainment event that is I mean from from the code's perspective it is distinct um and I understand your point DJs are actually considered a a a a live performer according to the code so it wouldn't it would capture um DJs generally um I'm not disputing that it's it's odd and it's it's odd to implement um but they from from the codes perspective they are distinct that they're they're they draw for a very specific event that can operate during this time and then that changes more to a bar environment after that point from based on these hours commissioner belto I don't know if this will help but I'm actually going to read you how live entertainment is defined so it's a facility that provides live performances in entertainment including but not limited to singing dancing floor show and musical entertainment subordinate to the primary commercial use of the establishment so like would DJ MacBook from 3: to 5:00 a.m. be okay like you said I think that that falls into maybe somewhat of a gray area that's not fully fine could you could you consider that to be background music for example that because it's not actively being potentially yeah okay okay thank you uh question commissioner Joan with the approval of this cup application put this business at a Level Playing Field with other businesses that offer live entertainment within the mixed use downtown Entertainment District I think for most businesses it it would put them at the same at the level most yeah okay um so all the businesses that have conditional use permits many of the businesses that even don't have conditional use permits we've actually slowly cut away at their their hours to bring it closer into conformance um there are outliers though commissioner B okay or chair I'm sorry go sure commissioner B for the record um hey Carter one for you for the businesses that are currently restricted to 3:00 a.m. um did they go through this process pre my time because I'm not sure um did they did they ask for more than 3:00 a.m. but were restricted to 3: a.m. and if so perhaps why you know there's one in particular well I I can't I don't know if I personally can speak to so well if I guess from my personal experience there has been there were was um one instance that was before this body related to an additional day not necessarily hours um and the the commission voted to maintain Thursday Friday and Saturday um in other instances I'm not aware of um cases where people who went through the PCP process that um disputed the hours um I'm I'm just not aware they were just given till 3:00 a.m. for Reas it may have been honestly it may have been consistent with what they originally proposed um and and often times I know that we um I think honestly I think that the 3:00 a.m. conversation kind of naturally occurred based on the um applicants proposals and when we started implementing it is almost a standard condition related to nightclub businesses there I don't know of any opposition but um I wasn't I'm only involved in a few so okay because you did mention that there was an adjoining bar uh is that correct that's restricted till 3:00 a.m. like uh on the Second Street side directly on the other side is that correct so um Eden for instance which is is on Second Street you said it I didn't they they are uh they have a condition on there that restricts them to 3:00 a.m. Friday and Saturday um and 2: a.m. on Thursday so they're actually more restrictive than what we're proposing here right and for for that one is there a gradual plan do you know to allow to afford them additional hours later on there's been no request um but there as far as plans broadly that's something that can be discussed through an ordinance um for live entertainment broadly within the city okay great thank you Carter Carter can you tell me about this live entertainment Forum discussion tomorrow what is the purpose of this city meeting and where people notified that they can attend and give feedback I'm not personally um involved in that so I don't know if Mike has more information I I am not overly familiar with that I do know it's an initiative that the mayor is taken on based on um I believe bar owners that have approached here at looking at what options could possibly exist to create future live entertainment districts but personally I have not been involved with that process I can't necessarily speak to it this evening so we don't know if there are going to be any policy changes around this with that or is it just an open Forum if we did make any changes to the code for example and and how we Regulate live entertainment that would come back before this board questions so Carter earlier on asked you a question I said what's the difference between live entertainment and Amplified and I what I meant by Amplified is kind of what we were talking about is essentially music but I do see here it says um L and I don't know how many definitions for live entertainment are in the code but I found another one it says live entertainment is triggered when a secondary use occurs out of business Amplified music played through and establishment's sound system although subject to applicable noise standards does not constitute live entertainment um however live performances of music or dancing in conjunction with Amplified music is considered live entertainment for example having it and I think this is maybe what he said for example having a floor that allows customers to dance constitutes as a secondary use to the primary commercial use and is therefore considered live entertainment so I guess so to your point if so if we did adhere to the 3 a.m. cut off they could still play music until 5 um they just can't play live entertainment right it's it it's live entertainment or it's a tricky thing I mean if if if so I think an example that may be good is that if the the bar as an event promoter effectively says that we are offering this DJ to perform until 5:00 a.m. but they they're restricted to 3:00 a.m. they're they're drawing people for the intent of live entertainment and that's often how how Le business license and compliance um looks at looks at these these hours of operation that that they're they're advertising for a a draw specifically for live entertainment okay and then so and then to your point earlier you mentioned they could stay open 24 hours the this bar whether or not they have live music they can be open 24 hours if they wanted to all night okay um okay well I think I have all my answers or all my questions answered so I'm open for discussion go ahead commissioner ver great thank you chair uh commissioner verer hey Carter has code enforcement or RPD explicitly chimed in on on this particular project for how they can adequately enforce the conditions or offer community policing adequately I I I know Vice chair asked about the code enforcement a bit but I wasn't I think I stepped out for a moment so I just thought I'd ask yeah so the code enforcement department and the REO Police Department have both reviewed all the conditions and the security plan and and have offered their their their support and their capacity to to um Implement them um are you are you asking about whether I guess is that enough no yeah that that's enough I think there's what I've heard this evening and I'll chime in more with the fellow Commissioners in a little bit is that um I think there's valid con concerns and requests on both sides here we're just trying to find some Middle Ground here some folks don't feel that anything good happens after the devil's hour others feel otherwise and you know we're just trying to find that middle ground um that that answers my question I do have one more separately I'm going to Pivot over to audio or sound is there a reason why the city doesn't use ccale measurement and only does a scale um I don't think that we have issued a policy or a I mean a state we have conditions that reference ccale um they're limited okay um but we have them um and then this one is proposing a ccale measurement um there is no sound well outside of a very um specific section on residential adjacency we do not have a Sound Ordinance otherwise so I think that is yet to be uh fleshed out in in a Citywide context okay and one last one I was going to ask it later but since I have you um you said rpds involved do you know if the safety Protocols are reflective of the safety protocols used for Eden is that the starting point so I actually don't think Eden originally oh I don't know if Eden was but there are so the safety protocols and the checklist that actually was developed by the Reno Police Department and code enforcement department um that was used to to put together the security plan um before you today um that was developed through more um there's a couple it was recent I think it was more recent than Eden um I don't know if my it was it was just recently developed and like I say that was a collaborative effort between planning code enforcement business license and the police department so we there was a variety of factors that were considered in that and these conditions which are placed on the project T night became kind of our new standard conditions for live entertainment uses I believe they were first applied um I'm grasping for the name to a bar on east four street is where they were first applied and I apologize I just draw a blank oh it's okay is that a checklist that was part of the packet that we can see like what was done or is that something like moving forward can be provided as part of a packet so we know hey RPD signed off XYZ signed off they did this yeah and I wouldn't say it was like a formal checklist but there was working groups internally that that looked at complaints and what not so I can provide you the data so to speak oh yeah yeah and I'm going to I guess I'll just make my ask directly this is from RPD leadership at minimum safety protocols based on Eden's protocols as of late as a starting point U that's what they would like and I think based on hearing people's concerns and so forth that's what I would get behind as well commissioner delvar do you have any additional questions I do I just have a a quick one I'm just trying to sort of wrap my head around um some of the things we commenting on um and and that is you know we we just talked about um you know the the police and some of the other folks that were involved in uh looking at that Public Safety and the security and I'm just wondering but that was they were looking at it from the standpoint of the 3:00 a.m. deadline not necessarily continuing on to 5 a.m. is that correct um excuse me I I I'm trying to recall if so the conditions that we um gave to the Reno Police Department in Code Enforcement was for the 3:00 a.m. so in their in their analysis they were assuming the 3:00 a.m. okay I just wanted to clarify that thank you that's all I have can I ask a follow-up question my reading of the condition is that the Reno Police Department ultimately as a condition of approval has to approve the safety plan so if we as the Planning Commission were to extend this to 5:00 a.m. and agree with the applicants request they would still have to approve a safety plan assuming a 5 a.m. closure Ure correct I I think that if that might be a question for Mike as far as the if you approve a condition allowing for 5: a.m. whether or not well it says prior to the ACT site activity associated with this request a security and management plan shall be submitted and approved by the zoning administrator code enforcement department Public Works RFD and Reno Police Department so like before they can commence activity if we approved it with a 5: a.m. closure RPD would be on notice it's a 5 a.m. closure and then they'd have to approve the plan based on that 5 a.m closure is that correct sorry I see what you're saying yes yes they would have they would they would look at it with with the um with the I mean the the modification of of 5 a.m if that were the case yes thank you are we ready to move to discussion Okay who wants to start how about start okay um I think there's a really important part during public comment tonight where one of the public commenters said you know we want to make a decision as to whether we're a thriving downtown or a dying downtown uh I'm hearing an applicant that wants to invest um in a unique type of atmosphere that provides opportunities for DJs opportunities for our Arts to thrive for music to thrive and for downtown to thrive uh given that we're in an Entertainment District I think we should do everything we can to help this business succeed um with that in mind um looking through the findings I think the relevant issues are sound in the public safety plan uh as was just discussed the if we agree with the 5 am. closure RPD still has to sign up sign off and as to commissioner B's concerns RPD if they want it to be the minimum of what Eden is doing RPD is goingon to make that happen or they're not going to sign off on it so I think there's uh certainly a you know the safety aspect it will all be approved in the term so the question then is this 5:00 a.m. cuto off versus 3:00 a.m. I'm in support of a 5 a.m. cut off you know this is a different type of bar club this isn't the type of place that you know you go for after dinner you know after work cocktails or whatnot this has a unique important role in our our downtown to encourage art and encourage creativity given that sound is addressed and there's no not going to be a difference in sound I don't really see a difference in waiting till 5:00 a.m. and you know I was a little on the fence on this one until I heard that they can just continue playing music at the same level until 5: a. and given that that's the case there's not going to be any additional negative externalities that I could you know think of uh so I'd be in support of you know acquiescing to the request of the applicant and mov this till 5:00 a.m. so that we can encourage the business to to operate effectively um and I just think that's uh that's the right thing to do for this type of business and I think we've heard that all the findings can be made and really it's just a question of do we want to have a business that is successful when this applicant is telling us that he's not able to run his business with a earlier closure time on a four hours three days a week timeline there you go I'll jump in same thoughts I'd be supportive of moving it to five ultimately Carter and staff I appreciate you know the filter that they put on the 3:00 a.m. on any bar you know anything in the Entertainment District that makes sense keep it up but also we're looking at a cup and we can look at the context of what this business is doing and operating from 12 shift from 12 hours to 18 hours a week um it's important to him I don't think it's a massive impact if not any change and once again anybody who wants you know another bar applicant in six months says hey you gave these guys five well I would look at that and check the context and and check out their business operation and what their unique you know reasons are for that so I'm in support of the hour change um I think the applicant's done an excellent job already proving he's meeting some of the conditions with the enhancements to the building um we do need to see investment in downtown Reno um so I can make all the findings and would like to shift from the 3:00 to the 5 o'clock show Closure so I guess hearing from commissioner jman hearing from staff that they said 3:00 a.m. was the recommendation to be in line with um most businesses in the area um I want to make sure that this business is in line with what is the uh playing field for all the businesses in that area um I'm I'm not opposed to 5 a.m. uh but that's that's pretty much it sure thanks chair thanks folks um this one's a question for Mike actually as a followup um kind of ties into the the safety police sign off right so we approve let's say we approve 1:00 a. 4:00 a.m. 6: a.m. so commissioner velto and moonshot his DJ skills um but let let's just say that uh you know it moves forward in whatever capacity but RPD is like nah this is not happening for whatever reason like the safety protocols they say no does the approval or not approval this evening whatever it happens tonight does that get rescinded or what teeth is there for something down the road not happening like the approval so as the condition is worded now it does the security plan requires the approval of the administrator the police department and so they would have a review in that their review would be based on the context of closing at 5:00 a.m. um if Carter corre I don't have the condition right up in front of me but I believe it says if we if the city is has the ability to come back and ask for supplemental changes to that or supplemental measure should complaints be received I and I don't have the exact wording perhaps you do right there you could read it but we have the ability to modify that and if it becomes a nuisance there is a process to revoke the conditional use permit is that process like a week or 10 years or what would and Carl do you want to chime in on this on yeah that condition uh reads that prior to the issuance of the Cabaret license the security plan shall be submitted and approved by the zoning administrator so that's if you approve it tonight then it goes to them and then the cavaret license would be approved after everybody took a look at the security plan great thank you Carl thank you Mike I'll have some more thoughts here in a bit but commissioner villan W for the record um so I've been consistent whenever these applications have come my way um we've had a few over the last several months and I've consistently said we need to be consistent um and we get these all the time where folks will come in and they want extension till three extension till two extension till 5 and if we just will willy-nilly just grant whatever they want there's just no consistency and it's hard for code enforcement RPD um and fire to be able to to understand where they need a put their resources um and so I think um given the comments we've heard from Montage which are valid um I think it's important to note for the you know as it relates to those comments that these folks can operate and I know a lot of the comments that we received were with regard to security and um some of the patrons that's going to happen regardless whether or not we give them this um this um entitlement or not um so really what what we're looking at here is whether or not it's appropriate for them to have live entertainment until 3 and um I'm unwilling to give them till five mainly for the reasons I stated previously I think three is consistent with what I've said before it's consistent with what staff believes is appropriate appropriate it's fair and um that's kind of where I'm I'm gleaning right now commissioner perer I could I found the sentence I was looking for earlier um in regards to the security plan the the last sentence of that condition says at the administrator's discretion a new security plan and or amendments may be required and so that's based if we received complaints for example on a regular basis and they were substantiated we would have the ability to go in and and look at further restrictions on business or amendments to that security plan thank you Mike commissioner zvr do you have discussion yeah I'm kind of weighing what everybody's saying and um I I'm in alignment with commissioner villain noo because I you know as I read this it was for 3:00 a.m. um and so I'm just not really sure like what this would even mean like from a procedural standpoint uh to to change it to to 5 a.m. um or if 5:00 a.m. was really the intention all along but the condition uh from the city planners are for 3:00 a.m. it's I'm just a little um un uh sorry have you have something to say there commissioner delr this is Carter uh yeah associate planner so the original request from the applicant was is for Thursday Friday Saturday to 5:00 a.m. our recommendation to the commission is to 3:00 a.m. as a and it is as a condition of approval specifically condition number five so the current the motion that is recommended says as with conditions listed in the staff report a change to that procedurally would be a modification with the modific like so an approval with the modification to uh change condition number five to be five to for Clos their time at 5m or however however got it motion chooses to word it so that would be the procedure okay I really appreciate that and and I appreciate um you know the reasons why put the 300 a.m. condition there in the first place so that that's all I have to say for now thank you okay I'll throw in my two cents um I this is a really interesting case it wasn't the way I read the staff report and then what we're actually hearing are are quite different so thank you commissioner velto for sort of pointing out the details um I find this so interesting that like we hear cases for new land uses that threaten the viability of our city long term and we can't have any standards around that scale of development and here we are listening to something that can operate all night 24 hours we're in an Entertainment District in a casino town with a long history of gaming and then at 3:00 a.m. somebody just has to move from the DJ booth and just replay their recording and it's totally acceptable so I think that is overreach or or over regulation at like the best example I've seen in my year and a half up here um so although I am not a fan of five in the morning um I I will sort of recognize that the city's moving in a direction of 3:00 a.m. um that must be based on safety and a long history of working with RPD and City staff so I could certainly support that but this is just mindboggling from a policy standpoint and that's all I have to say about that so I can support the motion as is uh if there's overwhelming support for 500 a.m. I say go for it but honestly I think it's minutia that we're listening to something where you can just literally walk away from the booth and keep operating yeah chair if I if I may I'm ready to make a motion and I just want to have one I'd like to make the motion and then make a quick comment so in in the matter of case number LDC 25- 0027 uh based upon compliance of the applicable findings I move to approve the conditional use permit subject to the conditions in the staff report except that condition number five shall be amended to allow closure or to allow live entertainment until 5:00 a. I think that covers the conditions I wasn't ready I was still I still had discussion well I've already I've made a motion I know I I was just letting you know I think um I I wasn't ready for the motion so I mean can I continue discussion after the motion can okay yes yes so I'd like to to make that motion um like to make a comment and then if there's a second but I I will say one thing I think that got lost in our conversation is that there are two other bars uh at least tonic West Second that are able to stay open with live music much longer and not subject to the limitation those are both closer to Montage and I mean if you look at the example of Eden right Eden's right next toic it's 80t away so there are other examples in that area where you do have these bars that are able to have live entertainment until past 5 a.m. and pass with the applicant is seeking I just want to drill back in that I want this business to thrive and I want our downtown to thrive I agree with your sentiment that it is abnormal that there is such a big loophole to just have DJ MacBook take over the lead and play for the rest of the night um and that in part affects my concern uh so with that I've presented a motion uh is there and then uh commissioner dulich I'll second that and then we can enter discussion I've assumed okay um so to add to the conversation that we were having previously um we've had a as I indicated we had a couple of applications and I was on the losing side because it was my I was in favor of kind of keeping them um more in line with what staff was recommending and I think it was we had an application I don't remember what it was but it was basically to give him something similar like this and I'm like well you know we're going to have another application in five weeks that's going to ask for something different and another application that's going to ask for something different and sure enough here we are um and so I just think it it's that to me doesn't make sense that we're just willy-nilly arbitarily applying just whatever you know 5 500 a.m. today 2 am. tomorrow that doesn't make sense to me I think we need to have some predictability for some of these folks at the end of the day they they have a right to operate 24 hours we know that they have a right to play music indoors um we know that um until 11: Monday through Sunday um they're here today to seek the extension and we have granted extensions and I think if we're going to Grant extensions we need to we need to have um some of those variance I guess it's not a variance but have those extensions be consistent with some of the neighboring properties and I don't think that this application um with the change does that but I do I I would be willing and um I would be willing if this motion fails to make a motion to accept um the recommended motion but we will see uh commissioner Joan I have a question for commissioner valto so what you're describing there kind of um helped me reconcile this that that that kind of contradicts what with tonic operating till 5:00 a.m. staff was telling me that most of these businesses are going to 3:00 a.m. um seems to be a bit of a discrepancy there can you help me understand that these folks know this much better than I do my impression is that the businesses that are operating past 3:00 a.m. 5 a.m. 6 a.m. preate uh the review process that would have triggered a conditional use permit and allows us to evaluate it on a case-by Case basis this in part my analysis in part goes to commissioner Dracula is explanation which is that we need to look at these on a case-by Case basis and how these businesses are affected by their surroundings and what their business model is I see this as filling a specific niche in our community in a need that competes with you know businesses like tonic or West Second and that's why I feel comfortable especially be considering I don't see any adverse effects given that those other two establishments that can be open till 6: a.m. with live music are closer to most of the people that have been speaking in opposition and all the steps taken by the business to mitigate any sound concerns so I guess when I'm weighing those pros and cons and evaluating the evidence before us to make the findings I can make the findings with a 5 a.m. termination especially considering there's a safety plan that we know is going to be signed off on by RPD or and if it's not complied with there's a way to amend it revoke the C if it gets bad enough you know I'm hearing a lot of protections for us um but ultimately I think that 5: a.m. time makes sense for this business and this unique circumstance and I can make the findings here commissioner Basera for the record um wow well just a friendly reminder that this is a um privilege right not a right that's why they're here before us and um I want this business to thrive um but I really have to consider the input from our local law enforcement who's chimed in with our conversation the general public here um I want to honor staff's recommendation as well um I'd be open to Middle Ground solution where there's like a gradual step up from 3:00 a.m. to 5:00 a.m. after a agreed upon time frame like hey after a month or two months or whatever this body and other stakeholders agreed to uh is good faith that you know they're operating under uh under good neighbor I don't know Dynamics if you will that they get that bump um but I think for now and again again like we're not the last stop right so this is not the end of the road for anybody whether it's the public or the applicant anyone can appeal if they don't like the 3:00 a.m. slot but I'm happy to support some Middle Ground gradual bump up I I just got to it is our job to make hard decisions I know and I think that it's often times as of late we've been in a position where we're trying to appease a lot of people who show up to these meetings and I I very much appreciate that everybody shows up to these meetings I listen to your public comment I take notes I write names down I very much appreciate it it's not a scoreboard though because I guarantee you if you were to pull all the people who are going to be at oneup at 4:30 a.m. and ask them are you thankful that the Planning Commission made that decision to allow this to be open they're all going to say yes but they're not the ones that show up into these meetings often times especially in the context of like residential planning the people who benefit from our decisions are never the ones in the room because they don't know they're going to benefit it from it at the time we have the meeting so I I really think we need to keep that those people in mind as much as we keep the voices in mind of the people that do show up and that is kind of how I've tried to evaluate all of these land use decisions is you know the people that are not here are as important as the people who are here all their views are important but we have to take that into account um I really think we should help this business and I I'm just stunned by the fact that they can do all the same things without a DJ Behind the booth and that just perplexes me that we would then have an arbitrary cut off that then hurts their bottom line hurts their ability to run a business commissioner VTO I was with you until this last bit proximity matters there are 2,000 people living within three blocks of this business who spend every night in their homes that is a different benefit than person who is a one-time Patron on a Saturday night I support 3:00 a.m. I can I respond to that I I hear what you're saying but there are no harms past 3:00 a.m. like can you articulate a is there a sound difference this is the recommendation of the city based on their expertise in both code enforcement and Public Safety I mean I just I listen I totally understand I just think that we can't be trying to make decisions on maybe a one-off patron or maybe a occasional Patron versus the neighborhood that is there but that the neighborhood that is there and has shown up has to present substantial evidence that we can't make a finding and I have not heard any evidence that is substantial as opposed to what is supported by statistical data in expert analysis I think the lived experience many social scientists would say is a form of data that's where I fall uh commissioner Joan So I lived there about 10 years ago and um one thing I found interesting about the comments on this was that it came from one of the towers downtown but not uh many of the others so I'm something might be different about that Tower I'm not quite sure um despite that I think uh those bars that are on West Second that you described they are in the Entertainment District uh if they're operating till 5 5:00 a.m. I think that's what we should Grant other business in the Entertainment District just so that they're on a level Level Playing Field thank you commissioner berera um commissioner velto you're always talking at my heartstrings you were talking about keeping in mind folks that aren't here and I think you would be the first to acknowledge perhaps uh that I've done just that the last two months and this is no different um so I will stand by the recommended uh motion by staff and folks that there's a forum of the sorts with the mayor tomorrow which might provide an Avenue for other opportunities who knows um and there's an appeal process but I do want this small business to thrive as well but I think there is still a motion on the table that we at some point will address take a vote all right we have a motion and a second for the 5:00 a.m. alternative um all in favor I I all opposed no no no no so that's a 43 motion does not pass we have a second motion yes commissioner V and we have a recommended motion based actually I think I need to site the hang on a lot of screens opened um yes so uh Comm commissioner villanua with respect to LDC 2527 uh based upon compliance with the applicable findings I move to approve the conditional use permit subject to conditions commissioner Del I second that we have a motion and a second all in favor can I ask a question for discussion sure Manny would you still be or sorry commissioner Basera would you still be interested in a stepup program of say you I'll tell you I still would obviously prefer what I propose as a motion but would you be interested in a stepup program that they have a a trial a period of say three months or two months of 3:00 a.m. and then it converts to 5:00 a.m. I'm I'm I'm definitely open to it but if the chair and vice chair permit I think it would actually be beneficial to have the applicant chime in on that because I I wouldn't want to arbitrarily set a time period that may not even work for them that they understand their year fiveyear performa probably better than we do um yeah I want to hear from them on that idea however if there's a way to get to that 5 AM period that makes you feel comfortable I would support that there's no there's nothing stopping the applicant from coming back later is that something you would be supportive of were we not just reminded that we have to make a decision on what's in front of us we do and now we're talking about a different idea well I guess uh there's a hand back there by the applicant Mr Mahana but I'll leave it to the chair and vice chair then yes let's hear from the applicant hi fim Hana for the record so you're telling me at 3:00 a.m. I need to stop the DJ if I have 200 people so I can't keep the 200 people till 8 9:00 a.m. put the dig on the side plug on the iPad and keep the sound the same that's fine but you're ask me to get the DJ out right am I missing something so what difference is going to make I'm telling you I want to close by 5:00 a.m. if you if you give me from 10: to 2: is not feasible I'll walk away I won to do the project keep the building vacant empty I'll go to invest somewhere else I have to invest my money put my time my effort I know I'm going to fail you're telling me you open till three kick the DJ out plug it in keep playing the music keep the people inside what difference going to make why have to work hard pay big money for big Headliners to come from Europe Australia or around the world to Rino close at 3 that's going have to make the last call at 2:30 everybody leave and other businesses making the money this is like discrimination why other people stay open till 5 6: a.m. I have to close at 3: I understand your stuff report I understand but doesn't make sense does the code apply doesn't the law apply on everybody the same doesn't everybody should have the same opportunity you're telling me open from 10 closed by three 4 hours why should I open the business yeah why should I invest in downtown so I'm trying to say it doesn't work if I if it's a month or two months doesn't work I'm sorry no just to clarify we're asking you because you don't have to close at 3: you have 24-hour operation you just have to move remove the live entertainment at 3 as you said you could plug in you could move the DJ and keep the music running are you open to a thre Monon or some set amount of trial at 3:00 a.m. that would go till 5:00 a.m. on no okay well I think what they're offering is the opportunity to prove that you're not impacting the area is that correct so if if there's no code violations or disturbances XYZ safety PL good we're talking about granting 5:00 a.m. in the future correct and we can even condition it where it's like hey whatever feedback folks are are providing whether it's the public the law enforcement or my grandmother you know that it's reviewed publicly here so everything's on the up and up or on the what up um and and uh and that you get a fair Shake right because we do want you to succeed we want the community and the residents to to be happy we want you know the the folks that need to do community police leasing uh to to feel like they're supported and so yeah sir if I stop the live entertainment at 3: we're still playing the same music the same crowd the same level of sound and they leave at 7:00 a.m. right now what difference going to make just convince me I think you just made our point though right we're saying if if it doesn't make a difference for now then why not stick with the proposed three and if things are looking good after a month or whatever agreed upon time we have then maybe we just grant Mike and his team the authority to say oh they're good let's just kick them up to five officially three months could put me out of business I lose my investment and close I won't have time to come back in 3 months I cannot run a business for 4 hours when main competitor in the same district just for context just to just to be clear that that's on the table I think that my understanding of your response is that you're not interested in a probationary period at which point after say three months you would go till 5:00 a.m. or are you could you do less time and say if there's a code violation that code enforcement enforces against you within you know can can I interject just before we get too far down this I would like to get legal's opinion if the administrator would even have the authority to Grant those extra time under under that scenario I think uh Jasmine made have for the record I don't believe that the administrator would have the authority I think it would have to come back in front of this body okay then we're we have a motion on the table for 3:00 a can we take a vote do we have a second I'm sorry I've lost count we have a motion and a second um all in favor I I all opposed no I I taking a beat on the approval um I approve I'm a yay for approval of the motion sorry not a a not a n so uh I'm a no I think it should be till 5: am okay uh I I'm in favor of the motion okay commissioner delvar I I seconded it okay so we have so yes I'm an i all right motion passes is um for 3:00 a.m. for clarification and appeal process oh yeah okay any final action not including recommendations or failure to take action by the Planning Commission may be appealed to the city council by the applicant the mayor or a city council member or any person who is aggrieved by the action or inaction an appeal together with fees must be be filed with the city clerk within 10 business days just starting the day after written notice of the action is filed with the city clerk so um that is an option for the decision today um and we're going to take a break until I guess 10 minutes to 10 for our last case e e e e e e e e e e e e e e e e e e e e e e e e e e e looking at the Jay Resort Festival grounds uh we're going to begin with a presentation from staff hello good evening members of the commission and Welcome to our new commissioner my name is Leah picatti and I am an associate planner with the City of Reno development services and this evening I'm presenting our last application of the night which is for the J Resort Festival grounds pretty sure everybody knows where this subject site is but it's a 4.5 Acre Site and it's located basically just south of the J Resort um it is south of Third Street just south of the railroad tracks between Rolston and Arlington so tonight's request is for a conditional use permit to allow for outdoor amusement and Recreation which normally requires a minor conditional use permit but the applicant has elected to elevate that to be heard tonight concurrent with a conditional use permit for live entertainment which would allow them to exceed the standards by one hour on Fridays and Saturdays so the subject site is located in the mixed juice downtown Entertainment District the key issues that we looked at here were compatibility with surrounding developments and uses traffic access and circulation and Public Safety so basically this is is the site plan that was submitted by the applicant and what you're looking at here is Festival grounds for about 15,000 attendees about 64,000 Square ft of seating area 177,000 Square ft of Entry Plaza 52,000 ft of staging plus 10 stage retail and Concession the thing about this that's a little bit different from other sites that we have in town is that the only permanent improvements are going to be fencing perimeter lighting landscaping and signage so talking a little bit about the operations for this and during the P past application I think Carter really kind of covered that live entertainment but what he didn't really talk about is that our standards are different for indoor live entertainment versus outdoor live entertainment so outdoor live entertainment um goes until 10: p.m. all week long what the applicant is allow asking for here is to go to 11:00 p.m. on Fridays and Saturdays the site will be limited to tier one tier 2 and tier three events which you can see in the blue box on your on on your screen tier one would be 0 to 5,000 attendees and those would be unlimited they can have as many as they want per year that could be things like food truck Fridays or farmers markets or things like that tier two would be 5,000 to 12,000 and that would be limited to 20 events per year and then tier three would be their largest events those would be 12,000 to 15,000 people and they would limit those to 10 a year I put it next to Glow Plaza because these are the same operators right and when we're looking at these types of uses in downtown glow Plaza is an excellent example and I think that over the course of the time that it's been open it's been very successful it's drawn people to downtown but I wanted to show here that GL Plaza is about half the size of this it has significantly less capacity about 6,700 um in terms of events at glow Plaza they have Unlimited Events um but they can do 20 events per year that exceed the deciel thresold of 75 DB which is a box that they check on their special event application so special events and special activities um for glow Plaza uh are triggered for anything over 3,700 attendees but what we've found in the past few years is that they end up pretty much submitting special event permits special activity permits for all of their events because that's how business licensing tracks the vendors that's how RPD gets to look at it that's how the fire department gets to look at it so even though the trigger for glow plause is 3700 attendees um we kind of looked at this and we said you know since we already do it for all the events we'd like to do it for all events here so every single event on this property is going to require a special activity or event permit now that doesn't mean they have to submit one every single week that just means that they got to say hey we're going to have special events on these different days we're going to do farmers markets this many times so on and so forth and that way it gives everybody a chance everybody within um Reno Police Department Reno Fire Department business licensing engineering traffic roads planning everybody a chance to look at each event and say okay this is what we need for this specific event but to streamline that the applicant has submitted a traffic access and circulation plan and this plan has been looked at by everybody in the city it's been reviewed by all of our Traffic Engineers it's it's been reviewed by the police department it's been reviewed by the fire department it's been reviewed by code enforcement it's been reviewed by everybody and everybody likes it and we say this is a great place to start so basically what they've done in this traffic mitigation plan is they set it up for tier one tier two and tier three events so each event has a plan and this is where people are going to be parking this is where they're going to be walking from this is where where we're going to have the way finding signs we're going to have flaggers here the larger events we'll have a shuttle but again each event is going to be reviewed on a case-by casee basis so as we all know you know one event with 5,000 attendees might be different than another event with 5,000 attendees this special event requirement re allows us to review those events on a case-by Case basis so um a lot of people have talked about parking uh when this was being reviewed there is no parking required in downtown but the applicant um has 10 private parking lots that total about 2,00 spaces those they're going to provide maps for every event that'll show people where they can park how to get there how to walk through downtown and when they're doing that they're going to pass by all the retail businesses and they're going to pass by all the restaurants and they're going to pass by everything so this is going to generate um a busy downtown environment but it's also going to generate business for those downtown businesses regarding compatibility so what you see on there is is our master plan map and this site is located within the downtown mixed juuse District M mixed juuse land designation and then within that designation we have subd designations and So within the downtown mixed use District it's in the Entertainment District per the master plan um I just want to point out that this use complies with everything in our master plan the sub plan areas the downtown action plan it complies with our zoning District the intent of this area was to bring these kind of businesses these kind of festivals these kind of events to downtown to really generate business for all for everybody else right so the applicant has done some other things here they've oriented speakers away from the residential uses which I'll have them talk about when I'm sure Garrett gets up here and what you have on the board now is the downtown mixed Juice Master Plan and I just want to pull this out and put it up there because the characteristics of this area is that downtown serves as the heart of the community and the region and is the main venue for street festivals parades and other community or region-wide events these Festival grounds will just further that they'll allow us they'll give us a space to have more events as several people talked about earlier when they came up here just a place where they can go especially with the closure of Wingfield Park and again this exception is only for one hour on Friday and Saturday nights that's it so the findings are on the board basically it's consistent with the plan goals and policies in the master plan as I stated earlier um it it really goes along with the plan the sub plans the structure plans the downtown action plan everything it with the conditions of approval the project meets and exceeds RMC standards traffic mitigation has been reviewed and approved approved by all of the Departments but again each event will be evaluated if there's any additional mitigation required our Traffic Engineers our our RPD and all of our professionals will get together and they'll look at that and they'll figure out what needs to be done if additional mitigation is required uh provides a safe environment yes uh Security Management plan will be reviewed for each event so when they submit for those special activity event permits they will also submit for that with that Security Management plan showing where the queuing is going to be how they're going to funnel people in and out how they're going to keep people from ending up in the street what time they're going to close what kind of security they're going to have all of that stuff will be in that plan um conditional use permit review findings the uses in accordance with RMC and the purpose of the zoning District absolutely the purpose of the Entertainment District functions as a 24-hour gaming area and includes major hotels casinos and cultural entertainment recreational facil ities retail restaurants high density residential and all of that other good stuff that we see down there the design is compatible with surrounding development yes the speakers are oriented away from the residential and away from the hotels yes downtown is loud we know it's loud um but in this case this is something that we want at this site this is something that all of our master plan and all of our guidance documents point to and I believe that with this one hour exception it's not going to greatly impact the residential neighborhoods the residential neighbors um the design is consistent with the development standards meets and exceeds all the minimum standards available Public Services absolutely it's an infill project I know there were comments earlier about RPD is underst staffed well that's the best thing about having a special activity permit for each event because RPD is going to evaluate it and if they evaluate it and they say this event is going to require 200 officers to be down there we can say no we can say we don't we don't have we don't have 200 officers to be there but we won't know that until that special activity event is submitted but that does give us the opportunity to say no if we need to um especially if other things are going on in town or things like that absolutely gives us the ability to say no uh characteristics are reasonably compatible with the types of uses permitted in the surrounding area yes um the distinctive features proposed are going to coexist with the types of uses in the surrounding areas and it will not be detrimental to the public health safety or welfare once developed noise smoke odor dust vibration illumination and other hazards shall be mitigated the recommended is motion is on the board that concludes my presentation uh the applicant is here with a presentation for himself and we are available for questions thank you thank you let's hear from the applicant okay good evening Madam chair members of the commission thank you for your service at this late hour for the record Garrett Gordon uh tonight representing Jacob's entertainment for the J Resorts conditional use permit application you're all familiar with the site about 4 Acres there south of the tracks again it runs right along a noisy ra railroad track as it is Arling to Arlington to the east rson to the west to the South there was a comment by the the public this evening kind of lumping in that new apartment complex the J Resort as kind of luxury residential that would be concerned about this type of project well one we own it and are leasing it so there's no concerns but interesting enough too those interior units are absolutely hot Commodities right now we can't lease those fast enough because people want to sit on their balconies and enjoy a concert for free so it's really exciting to have some residential right next to this property so I'm going to focus on code right let's talk about zoning code code this is the mixed use downtown Entertainment District that didn't happen last year that didn't happen 5 years ago that didn't happen 10 years ago for decades it's been the orange downtown Entertainment District and what was it before that it was the downtown hotel casino District it has always been the heart of downtown has been the heart of entertainment 24hour gaming 24-hour entertainment and again right from code the mixed use entertainment district is a 24-hour gaming area and also includes major hotel casinos and entertainment recreational facilities we absolutely check that box of what we're doing here it should be no surprise to anyone in or around this area that this proposal is for an entertainment area an entertainment venue in downtown Reno however I'm not asking for 24 hours I'm not asking for 500 a.m. I'm not asking for 3:00 a.m. tonight I'll get to my slide for the hours of operation we are asking asking for your master plan again arts and entertainment in the downtown mixed use the main venue for street festivals parades community events ongoing revitalization that's exactly what is going on here it should be no surprise that there's a proposed downtown Festival grounds in order to revitalize downtown for arts and entertainment in a 24-hour a mixed use area I don't think there's been enough Focus tonight on we have a document we've all kind of you've heard from the public you've heard from actually some speakers some prior applicants of what's the vision of downtown everyone kind of has their own opinion well we actually have a document called the Reno downtown action plan that was approved in 2017 by the Reno city council and there was over 2,000 if you look at the document it's a great document over 2,000 residents from all over Reno participated who also participated it was a project management advisory committee who was on that it was very very diverse you have a public relations coordinator Lauren ball you have Alicia Barber you have Matt Brown communication program manager Cindy corano you have some businesses downtown you have the El Dorado group you have the Reno Collective you have senior PL uh senior planner from housing you have RTC who weighed in on Transportation Network you have Wendy deanii from again Renown in a business in the area you have Bill Dunn revitalization manager City of Reno you have the Reno acus president makes total sense you have a resident of the Montage on the advisory committee you have a resident of the platio on the advisory committee you have UNR you have arts and culture and you have again someone from the City of Reno very diverse group of downtown stakeholders participated and what did they conclude one this map this is the Entertainment District once and for all this is what this advisory committee recommended and this is what all the residents Who provided input who actually created a working group called The Downtown experience working group who came up with these conclusions of what kind of experience do you want and downtown Reno it was Entertainment District they even went farther this group again on the left you have Montage residents you have padio residents you have Renown you have the city they had a they showed a map in here and that that shows which actual Parcels in pink do we have potential development opportun what Parcels do we want to see developed from this action committee well I highlighted there in in yellow pink and I had in yellow what's this parcel this is the parcel we're talking about so not only did this advisory committee say downtown is Entertainment District but we want this parcel developed and thank goodness my client is spending hundreds of millions of dollars on revitalizing downtown and millions of dollars on this site to do so we should how many times do these these plans go on shelves and are never implemented and collect dust you actually have someone investing in our community following up with the downtown action plan and what do action plan say should be put on these Parcels well we should encourage reinvestment and established casinos uh we had the Sands which I think we can all agree was not in the best condition to invite tourism and locals downtown hundred million I'm not even exaggerating into that property check that box reinvestment in casinos next the introduction of New Uses and activities that strengthen downtown's appeal as a tourism and entertainment destination well I can't think of a better opportunity you heard from all ages tonight families tonight kids students musicians old young that said we need something like this in downtown we need it for tourism we need it for local entertainment and we need it to revitalize downtown so this is the absolute epitome of what this downtown action plan subcommittee advisory Comm he said should go downtown on this parcel is what's being proposed uh tonight and again I just reiterate not every day you get someone coming in with sniff amount of resources to implement a plan that was put on on the books by this community so here's the proposal you can see the Sands the beautiful sands converted to the J Resort what did we do we heard tonight okay you're in a mixed use area but we still don't want you to just ignore the residents downtown so what have we done to mitigate some concerns we've heard from the residents well number one you can see the stage is on the east side of the property looking West uh the glow Plaza stage is on the west side of the property looking East the Nugget stage is on the east side of the west side of the property looking East because why the artists do not want to be looking in the sun they don't want to have sunglasses on they don't want to be sweating they don't want the sun pounding on them and two for the visitor who wants to enjoy it they want to see the artist and the Sun going behind the mountains so you want a stage on the on the west side of the property but what did we do to accommodate potential noise concerns the stage is on the east side of the property facing west not optimal not the best but certainly a quote concession or a mitigation in response to um neighborhood concerns two other items I I'd focus on this site plan you can see on the left hand side here this is all actually three things this is all incorpor at on site this is the the um entrance Gates and the queuing it was important to us to the residents and the Reno PD to not have queuing on the road on Ralston or on the sidewalk so all the queuing happens on site self-contained number two is on this side of the property this is the quote unquote back of the house you can see trailers trucks when the artists come and unload the materials and and unload their equipment no staging on Arlington no trucks running on Arlington they can go in there they can park they can stay there they can set up and then leave when we're done all self-contained and finally you can see in the middle this is very exciting because I heard tonight the words heat islands that in the center is an irrigated natural grass in a park-like setting we're actually creating a park in downtown Reno natural grass I've heard over the years downtown's a concrete jungle we're doing our part to get natural grass downtown that could be used and I think will add tremendous um benefit and value to downtown Reno of some actual um grass uh there and here you can see just the kind of the ground level view of of the event of the site so again here's the here's the site planine you can see the natural grass the queuing um the the back of the house I think we've done a very good job and the architect is here if you have any specific questions but really doing two things one making sure this is viable uh and two making sure we've oriented the stage and done as many mitigations as we could to address comments we've heard which by the way we heard a lot of comments during glow Plaza that glow Plaza was going to change downtown there was going to be crime there was going to be queuing there was going to be traffic problems Public Safety comments I was happy to report I had the annual review the take back to city council couple months ago of what happened Glo plaz has been a resounding success there's been not one violation of any special use permit conditions not one it's been fantastic and so we're expanding on that success to the the festival grounds so not asking for 3:00 a.m. not asking for 500 a.m. what am I asking for exactly what the glow Plaza has today Sunday through Thursday 6:00 a.m. 6: a.m. to 11: p.m. our hours weekends we can go till midnight that's it no 3:00 a.m. no 5 a.m. till midnight but even better is Amplified sound has to be turned off an hour sooner so you're not going to have any Amplified sound a after 10 p.m. on weekdays after 11:00 p.m. on weekends given what we just heard about 3: and 5:00 a.m. I think we're pretty reasonable here and I can tell you the glow Plaza has worked very well no complaints one thing I would mention is I want to make a little tweak here I want the ability to go twice a year to 12:15 a.m. and why New Year's Eve festival and Halloween festival and staff supports it your business license directory supports it two days a year to 12:15 a.m. just to make sure we can incorporate a Year's Eve event which you're already going to have you already have fireworks going off over the arch at 12:15 so I don't think it's going to impact anyone if we're open till 12:15 glow plaza festival grounds um making sure if we're holding events simultaneously we're still capped at 15,000 people per day this just mentioned I think commissioner baseri mentioned it a couple times what is the oversight from Reno PD well we have so many different layers of oversight one is we have a great security and management plan we did for the glow Plaza we're doing the same management plan kind of beefed up with their input for the festival grounds condition of approval we have to do it before we open two special activity permits for every one of our events the city will look at it with RPD and fire to ensure again nothing's changed so we think will move move forward with them over the years and over the months and always be doing better and working with them to make sure we have the optimal security and Public Safety plan in in place we feel very confident about that you also heard from Leah we broke it up so the concern is well we don't want events every single weekend every single day we're talking literally about 30 events a year 20 events medium siiz 10 events large ones that's it and we don't think we're going to get there for a couple years we hope we get there soon that means we're a success people are downtown people are spending money this is fantastic Hotel nights but again we'll ramp up but that's it 30 days for larger events and then unlimited smaller which are food which are um um like food truck nights and farmers markets and stuff like that so we have a model for tiered events at glow Plaza it's worked so we did the same model here I won't I won't reiterate what uh lee had said but we work so hard with our traffic engine City traffic engineer City engineering City Public Works Reno PD for each of these tiers what do we do for traffic management and again we have experience right that the like Italian Festival has 40 to 50,000 people a weekend so it's no surprise that Reno PD and Reno fire and Reno planning kind of know what they're doing downtown so we have three great um four three great tiers with recommended event management for each of those tiers and again parking ample parking we feel confident we'll get people moved in and out and so is Staff which is why staff is recommen recommending approval along with every agency in closing I would say this that there's been discussion about this term residential adjacency there's residential adjacency to this project that is not true when you look at code residential adjacency is residentially zoned properties so I would have residentially adjacency standards or mitigations before you if I was putting this in Colin Ranch if I was putting this in Somerset if I was putting this in Lemon Valley yeah we would have to mitigate residential adjacency but this is a mixed use zoning District where residential adjacency no noise standards do not apply downtown is Zone mixed use there's no residential adjacency legal requirements that said I still think we oriented the stage correctly we mitigated all the different elements that we could we have a fantastic traffic management plan and we have a proven track record at Glo Plaza and we're excited to move the downtown action plan forward with this phenomenal uh opportunity and venue and I'm here for any questions we have our manager our our um jmf who is our manager Booker and promoter for both glow Plaza and the festival ground so who can ask answer any questions about how festivals work we have our architect here we have represented some representative from J Resort so we're all here to answer any questions and Madam chair thank you for the time this evening I know it's late thank you now we'll do Commissioners disclosures start with the left commissioner Basera oh goodness uh let's see for this one I met and spoke with the applicant or owner their representatives who are before us tonight visited the project site met and spoke with residents read and reviewed material including the uh public comment that came in through today and I met and spoke with Reno Police leadership as well Commissioner of illa I read emails I met with some of the residents at Montage at the Montage and um I think that read the materials commissioner rorer met with the applicant met with the Montage uh homeowners and read and received emails uh commissioner Joan used to live uh one to two blocks from the site overlooking it met with the applicant also read public comments in support and opposition to the project commissioner Dracula Dre received emails and visited the site with the applicant Representatives uh commissioner velto same disclosures and spoke with the applicant representative commissioner delr same disclosures um Madam chair I was wondering if when we do public comment if we can give at least one of the Montage uh commenters an extended period and then of course allow the applicant to rebuttal if the applicant wants to yeah we have a sort of interesting setup uh we have two groups that would like to use more time collectively so we're going to do this a few different ways chair chair that seems abnormal can you help me out what do we have planned here usually I like to keep it to the three minutes and keep it even Stevens well we have a chair to make those decisions well this was the direction of Staff oh okay great news okay yeah so we're going to begin with the individual comments and then we'll leave time for the groups okay Jason bretts and may not be present in support of the J Resort Lisa Cooper please excuse my address I was not planning on being here tonight until about 1:30 today so you get what you get uh my name is Lisa Cooper I am a realtor and a property manager here in the Greater Nevada Northern Nevada area I have seen how strategic investments in our city can drive economic growth improve values and enhance our overall Community experience today I'm here to voice my strong support for approving the festival grounds at the J Resort this project is a game Cher for Reno with the dedicated purpose buil purpose built Festival venue we will have the ability to attract major art artists and world class events that current that currently bypass our city right now many large scale concerts and festivals go to other region region Regional hubs because we lack the proper infrastructure and to host them the festival grounds would not changed that putting or would now change that putting Reno on the map as a Premier Entertainment destination we've already seen the success of strategic Redevelopment in Sparks where investment in housing and entertainment like new apartments and ample theater has brought energy to new energy to the area these projects have proven that we that when we create space for people to live work and enjoy high quality entertainment we strengthen our local economy and enhance our Region's appeal we is now Reno has now has the same opportunity to build upon the momentum and create the vibrant cultural and entertainment Hub of our own I understand there is opposition from concerned citizens I respect their perspectives change is difficult and growth always comes with challenges but this CH change presents an opportunity for Reno to step into its own Spotlight offering Ral class entertainment while staying true to the unique character that makes our city special we don't have to comp compete with Las Vegas instead we can carve out our own place as a vibrant Arts culture and live entertainment Hub Beyond entertainment this venue will have major economic impact bringing in bigname Acts and more tourism more tourism and more local business revenue and more job opportunities across Hospitality retail and service Industries a well planned dedicated space for large events also improve safety organization and traffic control ensuring that both V visitors and residents benefit from these experiences the J Resort investment is the J Resort investment is a project to vote for Reno confidence for the I'm sorry in this project is a vote for confidence in Reno's future one that aligns with our City's ongoing revitalization efforts I urge the council to approve this initiative and support the project that will Elevate Reno's entertainment scene economy and overall viability thank you for your time and consideration on behalf of Lisa Cooper with Remax gold Brenda Allen with Remax gold and REM with Brenda Allen Group and Remax gold and Ma Reed Reed Real Estate Group and atar Max gold thank you thank you Ben Davis oh yes Ben Davis good evening my name is Ben Davis and I'm here to ex express my strong support uh for this conditional use permit for the J Resort Festival space is someone who's deeply involved in Reno's night life and entertainment and event promotion through Reno after dark the single largest Reno oriented social media account I see firsthand how important new venues are in shaping our City's identity and economic future the space isn't just another venue it's a platform for showcasing Reno's energy its nightlife and its potential as a True Entertainment destination large scale events bring people together Drive tourism and generate the kind of excitement that puts Reno on the map in an international sense through social media while no project will ever be 100% perfect this one is real it's ready and it's a major step in the right direction the alternative is waiting indefinitely for something better while missing the chance to shape our City's future now thank you thank you Stephanie Davis I do not wish to make a statement I'm sorry in favor of Andrew aad amadden in favor McKenna amadden in favor Victor duza in favor Nick Hutchings in favor Jackie cleany in favor John midlan in favor Mo Juan in favor making my job easy uh Nico rays in favor um Maliki Emery Clark also in favor Jesse Johnson in favor Johanna Johnson in favor Junior Sloan in favor Chris battenberg in favor Janelle battenberg in favor Katie Stanton good evening um my name is Katie Stanton I own facilitate Joy I'm am autistic and sometimes struggle with my verbal communication so I appreciate your patience with me tonight our small team our small business is located at 85 Washington Street we serve the autistic Community myself and most of my staff have disabilities we serve hundreds of clients each month I I first became aware of the noise concerns when base camp operated in Wingfield Park um about half a mile from my business I was there at Saturday on Saturday morning we we work uh seven days a week in order to ensure accessibility for families who work and can't bring their kids in for support during the days at 8: a.m. uh my office began shaking and I was very confused it sounded like there was a large truck right outside my window but when I went outside there were no vehicles on the street but I did see many people coming out on the street TR to determine where the noise was coming from I couldn't see where the noise was coming from it was to my great surprise that other people told me that there was anest an event at Wingfield Park I couldn't really understand why the noise was affecting our building when we were so far away um I feel a little hopeless listening to this hundreds of millions of dollars our company brought in $450,000 last year I took home less than 50 I don't have an attorney and we don't have the resources I learned about this two nights ago if I had more time I could have brought a lot of autistic people here um but we need more time and more notice to do that I'm coming before you because despite calling the police that day and hearing there many other complaints there was no stoppage of the noise I closed my business for the day loud noise triggers the amydala which is the brain's Spar Center it triggers the fight ORF flight response when this happens we can't think we can't process we can't regulate our emotions this is is not just neurod Divergent people which represent about 10% of the population but in fact all people including also Wildlife research shows that increased background noise by 4.1 DB leads to a 6.6 incre per increase in violent crime rates loud noise negatively impacts our physical and emotional health suicide rates also go up noise disturbs sleep elevates stress hormones and causes other changes in brain function that can worsen mental health conditions statistic people individually we don't habituate to noise you background noise that may Fade Into the background for you doesn't for us we experience intense aggravation agitation emotional distress and disregulation that impacts our ability to function on a severe level there are many people here who will be impacted by this including my business which will have to close we may not have 10 million or100 million do but we are still people in your neighborhood account thank you thank you okay we have a request to call names as a group so Ken Hines Brandy Smith Gary cile David titzel uh Molly Romera Riviera Maggie tender Robert dag y okay and Eric laroe so that is eight individuals uh and I understand you want to line up and speak just sit and come up that's it's however you would like to do it just okay everybody has three minutes so you could do it as 24 I suppose or you can do it 3 three three and three we couldn't give any one of these girls an extra amount of time to allow them to make their case if I can clarify if you read on the the front page of our agenda it says public comment is limited to 3 minutes per person unused time may not be reserved by the speaker nor allocated to another speaker no action may be taken on a matter raised on a general public so I this matter was brought to us um prior to the meeting um it was we consulted with the um city attorney's office and in speaking with the the group it was determined that they would essentially kind of orchestrate a presentation where they each made a three-minute portion of that presentation so that's how this will be presented this evening all right my name is Ken Hines I live in downtown Marino and I oppose the J Resorts uh application for a conditional use permit um again this application fails to meet the findings that are required for such a permit um the location is not compatible with the surrounding development unlike glow Plaza which is in a much more commercial commercially surrounded area south of the railroad tracks is a much more residential area and um I disagree strongly with uh Mr Gordon's uh thinking that we as residents are Irrelevant in this proceeding there are nearly 2,000 people living within a two block area of this proposed Festival ground those people's lives will be severely disrupted uh they they will have sleep disruption they will be dealing with an unbelievable amount of traffic I don't care how much you plan and mitigate there are going to be major traffic implications and major noise implications this idea that pointing the stage to the West somehow people can't hear the noise won't be behind it well I can assure you these people can hear me behind uh noise goes everywhere um so again 2,000 people will be impacted by this you need to keep this in mind also a conditional use permit cannot be materially DET detrimental to the public health safety or welfare um again the nuisance that is going to be generated by the traffic the noise vibrations light uh it it it's going to have major impacts on people um also dropping 15,000 people into this small space in the middle of downtown will be chaotic absolutely chaotic especially if there are other events going on at the same time will not work um also one of the findings is that public services and Facilities must be available to serve the project or will be provided as I mentioned previously Reno has a severe shortage of police Personnel and chief Nance has been on record as saying that Jackie Bryant has said that the city is uh facing severe budget restraints so there will be no additional police Personnel coming on in the near future um also enforcement is severely lacking so these services will not be provided we can talk about how they're weighing in that's great they're not going to be on the ground overseen any of this so it will just be whatever goes thank you thank you Brandy Smith Madam chair just now Brandy Smith had to leave okay this is J flans who's sitting in for she'll she'll goes to the chair subsequently I'm going I'm going to read bry's comments okay uh good evening Commissioners for the record her name is Brandy Smith she's a resident of the Montage here in downtown Reno she's a court reporter and chose to move downtown five years ago to be close to the courthouse she thanks you for the opportunity to make public comment on agenda item 5.3 regarding the required funding of public services and Facilities available to serve the proposed project and how the cup application fails to meet the findings required uh the following examples of on the record information that the city's enforcement abilities are not increasing they are decreasing and in fact resident learned last month that supplemental Police Services downtown on Friday and Saturday are being eliminated Chief Nance commented to City Council on December 4th 2024 uh that there are significant staff and Equipment shortages during a padio residents appeal to the council for the granting of a cup to the axar chief Nance admitted excessive noise calls to RPD non-emergency line are treated as nuisance complaints and she could not make a commitment that officers would respond promptly enough to hear the excessive noise nor could she promise they would ever be dispatched at all during that same appeal council member DW commented to the effect that if downtown Reno was allowed to be a 24-hour entertainment area then residents deserve 24-hour enforcement Bry concurs clearly this is not even closely happening a recent rgj article stated Public Safety costs compromise 60% of Reno's $354 million general fund budget and Reno City Reno city manager Jackie Bryant was quoting saying lower than projected revenues are expected this year and revenues are declining for all downtown we have one enforcement code officer code enforcement actions are reactive only triggered by a Renoir complaint the code enforcement officer goes out and if the complaint is not substantiated closes the case with no action taken it has been rumored that Code Enforcement Officers does not like to be out after midnight and in a conversation Bry says she had with him stated he'd rather be home with his wife and kids the wild west hours downtown are 2: to 6:00 a.m. when the booming base noise se- scale nose is so high you cannot sleep um I won't conclude but I think you have the gist of what Bry wanteded to say and I'll fill out a comment card great okay Gary cile good evening again Commissioners Gary CLE for the record my comments about the festival ground sound study uh this is from the actual study and it's the locations on which they modeled not actual noise simulated model sound if I add up the total units for the ones they selected for their sample it cut totals to 114 emitted from The Sound study with a montage Third Street Flats I won't read them all that's 980 units when at the NAA asked why these were emitted from The Sound study the applicants rep said because they were irrelevant to the study his actual statement was it's irrelevant you're three blocks away well or actually one block away and I would contend were highly relevant the applicant asserts that the only noise mitigation they present and it's the only noise mitigation there's nothing else that presented is that they face the stage to the east I point in the states to the West sorry and it will prevent ex excessive noise reaching the Montage in the many other residential buildings to the east well in April of 2024 I did a sound reading an actual sound reading not a simulated one of an EDM concert at exactly the same proposed location of the festival ground stage and the stage was also pointed West it was Tak inside my Montage condo if you look at this n chart you'll see that the peak decb that they hit of 102.4 DB on the ccale is dangerous for human hearing for only an hour the conert lasted for 6 hours I emailed this reading to Angela f with copy to council member Taylor on April 22nd 2024 but nothing happened the applicant study uses the aweighted scale to measure noise as I pointed out in public comments to the City Council on December 4th 2024 this is the incorrect scale on which to measure the big booming base of most any music genre except maybe something like a bait Hoven Sonata or classical guitar the C scale is the correct one and by the way any noise measurements you've seen on the glow Plaza are also not on the C- scale so they are compromised and probably invalid the applicant sound stud is a stimulation a simulation is in effect A Silent Sound study I know many residents would gladly have allowed access to their homes to record a measurement of real not simulated c-scale sound generated from the proposed location of that stage yet we've never heard anything from the applicant considering these criticisms I respectfully submit that you cannot make the finding that the permit won't be detrimental to public health safety or welfare the factors factors being excessive noise and vibration thank you for your attention thank you David Tiel good evening uh my name is Dave titzel and I'm here today to speak in opposition to the Jay Resort's request for a conditional use prevent per permit for the outdoor Festival grounds I'm a professional civil engineer with almost 40 years of experience designing roadways reviewing traffic studies and implementing traffic control temporary traffic control plans it's in this capacity that I review the traffic study and would like to submit my comments in my opinion the report makes several favorable assumptions uh that make the traffic impact seem less than they otherwise may be to begin with no traffic analysis is provided for the end of the event the report says this is not required since background traffic is low when the event ends however it seems that 50,000 PE 15,000 people many of which will be at some level of intoxication leaving the event at the same time will significantly impact the city the report does not include a discussion of the likely impaired attendees leaving the festival and this should be considered at least by this body the report mentions that 2.8 people will share a vehicle coming to the event the source for this figure is not referenced fhwa typically assumes an average vehicle occupancy of 1.7 people per vehicle assuming 2.8 people per ride share vehicle is overly optimistic traffic impacts will likely likely be greater than predicted in the report the f Festival site operator presents the festival flow percentage spreading out arrivals throughout the day the source of these presumed percentages is not presented in the report I believe spreading out the arrival times is likely not realistic despite the rosy assumptions mentioned above the report shows several intersections operating at level of service D through level of service F level of service f is a failure of the system the report does not discuss how long it would take for the system to recover to normal levels of service or how traffic mitigations would improve the level of service at the failing intersections the report also does not consider cumulative traffic impacts for other known City events what do the impacts look like during a festival scheduled during art town or Riverfest or Hot August Nights or wine walk or other City events how will EMS negotiate through the area to serve the medical needs of the residents in the vicinity especially when other current concurrent events close roads or modify traffic patterns near the festival grounds none of these answers can be found in the report in summation I believe that the city should take the position that everyone who lives works or owns a business downtown can do their own thing if that thing does not disrupt other downtown residents and stakeholders from meeting their basic human needs the J Resort is asking the city and its downtown residents to Bear significant noise safety and traffic impacts let's make Jay Resort be a good downtown neighbor thank you for your time thank you m Riva hi again I'm aali Rivera and I request that the city reject the J Resort Festival grounds cup application due to the inherent risks a cup carries the main concerns I'll be discussing are the longevity of a cup which is an entitlement and the impossibility of sufficiently regulating it in perpetuity a cup is a particularly potent form of approval due to the freedom it grants land owners because it is not a permit granted to an individual business and is instead a zoning modification the cup will stand even if the proposed grants transfer ownership this is particularly concerning when dealing with an outdoor venue permitted to host 40 events a year a Jon to Residential Properties the J Resort's goals already encroach on public welfare and there's absolutely no guarantee that if it sells the property a future owner would not create a more problematic public disturbance as an adjacent property owner myself the future damage this could inflict on the district and its residents is alarming if the applicant or future owners exceed the nuisance standard and ought to have the cup revoked doing so is an incredibly difficult process not only is it just as lengthy as approval but also requires collection of evidence at an unreasonable scale the infeasibility of revoking licenses is evidenced by the continued noise pollution from the nearby Club Eden now 219 which received enough complaints to Merit a hearing but years later still creates disturbances felt blocks away additionally because the city's resources are being stretched thin much of this investigation must be spearheaded by residents like myself law enforcement is unable to respond to noise complaints downtown C categorizes legal issues and there's a lone code enforcement official for the area who usually operates only during the day it would be incredibly unjust to approve this cup and burden residents with not only excessive noise at night but also the responsibility to Monitor and police the festival grounds disruption for years to come in fact a safer approach exists the special events permit model used in the Sparks outside Event Center it creates granular regulation of events and does not permit future operation with impunity the city of reeno also regulates outdoor events at Wingfield Park and Virginia Street such as the Italian Festival through the special event process there is no reason to accept the many risk of a cup when a more effective and reliable method of event approval exists for these reasons I strongly believe that this cup application should be denied at in it in its entirety and thank you so much for sticking through a very very long evening thank you thank you Maggie tender catchy hi my name is Maggie Tander I strongly oppose this project at is as it is currently designed I urge the council to reconsider whether this is the best use of valuable downtown space the J Resorts already open already operates the Globe Plaza does Reno need two large scale Festival grounds in such close proximity other concert events and um concert and event venues exist the Greater Nevada Field downtown Reno Ballroom the Reno Events Center the national bow bowling Stadium sent empty most of the time additionally existing an upcoming competition from venues like the Nugget Amphitheater and soon to be built Arena by the GSR and the blue Center and Harvey's out uh Tahoe outdoor Ampitheater raised serious concerns as to how often the proposed field grounds will be used the reality is clear Festival grounds in event spaces remain vacant most of the time contributing nothing to the vibrancy of downtown the glow Plaza has not transform the surrounding area instead it is it is surrounded by parking lots no new businesses emerging around it there has been no significant activation of the neighborhood further proving that additional event space will not stimulate economic growth that downtown needs we need better planning we must step in and correct the lack of development agreement that ensures these promises are fulfilled do we want a thriving mixed use downtown with more residents diverse businesses and vibrant streets actively during active during day and night or do we want a downtown dominated by entertainment venue open primarily at night with large empty spaces parking lots sitting vacant most of the time excuse me if the downtown Areno continues to be shaped by underutilized event spaces rather than a comprehensive plan for sustainable growth we risk the further decline in residential appeal economic stability thoughtful strategic urban planning must take precedence over short-sighted entertainment development that fails to serve the broader Community thank you for your time thank you Robert dags good evening to the seven most patient people in Reno uh my name is Robert daget I have 20 years of experience in outdoor venues uh I was uh recruited excuse me I was recruited to come to Reno to open Lawler Event Center which I did and managed for five years uh then I moved on to Shoreline Amphitheater in Mountain View and operated that for four years the festival ground I'm not even sure what one of those is but the festival ground is is an interesting thought I think that the J Resort has done a great job with the Westside Arena because I remember what it was like when I was here before and I don't see how you're going to put 15,000 people in 64,000 square feet because that gives each person about the size of this Podium that doesn't work if you look at the national numbers 8 to 10 square fet per person is the minimum and we're at half less than half a third to a half the other thing that is really if we're going to do it let's do it right let's do it with class let's do it upscale let's have people that come to Reno say gez I went to this great venue and I will go back again let's have the kids that are here in town feel comfortable but you can't do that in a venue that is too small the other thing is there are no restrooms folks there are no restrooms 15,000 people and nowhere to pee doesn't seem to me like that's going to work um I'm all for doing it I really am and I'm I'm looking out of my window right down at it now every day but let's do it right let's don't do it half ass and that's what's happening um Jay is or the J has done a good job elsewhere I think they can do a good job here and I'd say hold their feet to the fire until they do don't just say yeah they'll figure it out trust us not okay thanks thank you Eric lude good evening again my name is Eric Laro I live in downtown Reno tonight I've already spoken about the status of excess noise and how the City of Reno not resolve the excess noise problems and have left many of us in a conflict Zone um I want those um um until tell the City of Reno has figured out how to manage the situation I again repeat that I think all applications for conditional use permits for entertainment facilities should be tabled um I want to make a few other points specifically about the J J Resorts application um one Mr Gordon suggest that the J Resort has worked with the residents uh by giving us some concession that the stage will be faced to the West um but that's not a concession we've asked for matter of fact there's been no conversations between the J Resort and the residents about their proposed Festival grounds uh why no effort to talk to us I don't know um one reason could be that the J Resort believes we are irrelevant um during the presentation that Mr Gordon gave last week at the W one NAB he talked about the residents east of the World Mark were irrelevant when asked about the sound study they performed we should not be irrelevant and does the J Resort also feel the same way about the residents in the pounding District or in Old Southwest Reno or old Northwest Reno are they also irrelevant when it comes to really trying to figure out the sound another reason could be that the J Resort knows that many residents in the surrounding neighborhoods are not in favor of another outdoor Festival grounds for a variety of legitimate reasons which are in the record now and you've also heard about tonight and let's just be clear the proposed new Festival grounds are not in the same location as the glow Plaza the proposed new Festival grounds are much closer to um a lot of people who live in downtown area and even closer to the um residents in Old Southwest Reno in direct sight of many which I recall the J Resort made a big deal about when they pitched the glow Plaza uh saying the Montage residents could not even see the glow Plaza from the Montage um that's certainly not true of the new Festival grounds and the sound from the glow Plaza GL Plaza carries far enough the sound from those from this closer location certainly will have a greater and adverse impact um two everyone is painting the downtown residents particularly the people in the Montage as people who don't like to have fun that's just not true we like to have fun uh we are pro Wine Walk Pro Reno Aces uh Pro parades Pro Italian Festival other festivals on Virginia Street we like special events um we support our downtown casinos even the glow Plaza events uh we want more businesses um but we don't want more empty spaces more empty Festival grounds we want to add vibrancy and this Festival grounds will not add vibrancy most of the time and we certainly do not want more excessive noise between 11:00 p.m. and 7:00 a.m. 7 11:00 p.m. and 7:00 a.m. and about the Reno downtown action plan I just want to say that that was put together many years ago I don't know how stale that document is I don't think at that time they were actually contemplating another outdoor Festival ground in this one particular place so you can argue that for many reasons all right time is up thank you for your time and consideration okay um so this is the second cluster but you have the option of just coming one by one for three minutes Paula McDon chair if I um I think we're time certain for 11 do we need to agree as a body to continue I'm just want to call that out if the meeting goes beyond 11: p.m. the Planning Commission May postpone remaining items so I think we have to finish our item as I understand it typically yes but it's at the the board's discretion if you wish to continue after 11: p.m. but you could in theory go as as late as as you desire I think we should probably get through the public comment I think we should continue and finish the item okay that sound fine okay all right Paula CH chair if I may though totally take all the time in the world for public comment once we get to discussion and questions the staff I would like some efficiency I think making decisions at 1:00 in the morning is inappropriate I've done it before we're going to lose our energy and our Focus so public comment let keep going till everybody feels satisfied but I would like to see an efficient conversation that's kind of where I knew that was this was going to go and that's why I I'm kind of like let's come to another let's do another meeting date certain only because how can I have a broad and diverse conversation if I'm limited and time and if we need to make our record and our findings I can't do that if I'm limited if we have another here if we have if we postpone this the public comment starts over again I'm not worried about public comment I'm worried about my ability to ask questions okay I'm comfortable going till 3:00 a.m. if we need to finish it I think we should give everyone the opportunity to be heard and the applicant an opportunity to be heard tonight okay um all right well hold no no well we're going to go one by one through the public comment we have I have five cards here uh sir you're welcome to also submit a card and join the public comment and as a group we said we're fine with postponing this yes well it's it's up to the commission's decision okay so we're going to go ahead with this item and get to the end of it geez I'm 79 years old this is late for me yes well girl oh yeah okay my name is Paula mcdna and I live in Arlington Towers um and um we're making com we decided to make comments on U um other events that have taken place downtown uh in July of 2023 the base camp company was issued a special event permit by the City of Reno to to block off Arlington Avenue and Wingfield park for 3 days for Amplified Sound Performance uh they charged 150 per ticket to enter their fence nobody else could use the park or the Arlington Bridge a walk through after action report by the city during the base camp events found multiple violations of fire safety alcohol and noise regulations on the part of base camp operators and managers here are some examples it was very noisy uh but the deciel meters did not capture the base so there were there were complaints um so there wouldn't be complaints from the surrounding areas uh the noise we could hear the thumping of the base from four blocks away and I know that because I walked four blocks away from the from the venue uh and and it was still you know the kind of thing that shook your body um multiple there uh as for alcohol there were multiple vendors on the site and no accountability is required there were free pores of vodka and no premixing as required alcohol wristband ID checks were not performed as required to prevent alcohol from being served to Miners and alcohol continued being served after the required cut off time of 10 p.m. and uh that required the inspectors to enlist the Reno Police Department to cut them off there were multiple fire code violations in that there was no fire lane on Arlington uh as required um because the bridge was closed emergency vehicles were blocked from using the Arlington Avenue Bridge and fire exits out of the fenced in venue were not provided as required fire effects uh flamethrowers in particular uh were not compliant with the fire code and smoke effects from the temporary performer stage were not in compliance with the fire code in addition the diagram of the venue's layout was wrong this is a safety requirement and it was not even close to being accurate and the uh whole Arlington Avenue Bridge was completely blocked making walking or emergency vehicle passage impossible um and I know that for a fact because I had I ended up having to walk all the way back to Sierra Street to get just to the other side of the bridge um uh where I had a car parked along uh Island Avenue oh I'm sorry um there was no type of crowd management and there was afterwards there was trash scattered all over the place there was no trash management um and the Wingfield Park's grass and turf was not protected from damage as required by the special event permit thank you Sharon Sharon borma for the record resident at Arlington Towers despite the base Camp's multiple violations of noise fire and safety codes the City of Reno issued another special permit for it for a 2024 festival and again Arlington Avenue was blocked off uh Wingfield Park was not usable for 3 days there were charges there were tall fences um we lost the use of our neighborhood a walkth through after action report by the city code officers during immediately and after the special event again reported many numerous violations of the Amplified Sound Ordinance uh deciel readings exceeded the 75 DB which is our legal limit uh excessive trash and debris failure to remove heavy machinery oil cans left on the bridge and tree limbs were cut off to suit the new stage uh size what do we care about base camp comparing base camp to the Jay's Festival grounds is like comparing apples and oranges but the apples and oranges are both fruits and there are two things that I posit these events have in common that need to concern us one is Extreme noise hazards and the other is excessive neighborhood disruptions and as you consider this new venue I would ask that you think about those two broad overarching elements the City of Reno was unable to control the base camp noise in the past and Jacobs as you see has had extensions to that legal deciel limit um Gary CLE has put into the record many scientific findings about sound particularly the the subbase vibrations that penetrate our buildings and our bodies and our internal organs so I would ask you not to please ignore those scientific findings the T to 15,000 people the cars the vehicles the foot traffic will negatively affect the citizens of the pounding addition as well as downtown and other nearby neighborhoods events in this propos festival's place will usurp public parking create enormous congestion and add to sanitation and litter problems which will affect our city budget as well I ask you do not not let the hope of Economic Development or tourist draw overwhelm your commitment to the overarching health and safety and well-being of our city and its citizens thank you thank you Elliot Josie hello my name is Elliot Jersey and I also live in downtown Reno I want to speak to the example uh that the events of base camp 2023 uh 24 how they illustrate the difficulties of controlling excessive electronic amplification of sound from an outdoor Festival in a large area very similar to what is being considered I'll do so by sharing samples of the many citizen complaints and code violation citations documented for the 2023 event these include citizens complaints called into the RPD and code violations citations filed with the City of Reno Department of business licensing these are documented and they're available for review for example in after Action Report compiled and filed by City of Reno employees cites numerous noise problems code violations and the disregard of safety rules committed by the base camp managers and performers at the 2023 event specifically the Reno code Code Enforcement Officers predicted in their walkth through after Action Report quote very noisy deciel meters did not capture the base so there will be complaints from surrounding areas and yes this prediction proved correct RPD record shows citizens called in the complain about disturbances from loud music and vibration uh beginning at what 10:07 p.m. uh going into 2:47 a.m. and as late as uh 2 minutes 3 one caller from 501 West Street complained that the base is so loud that the caller's pictures he claimed on his wall have fallen off another from 86 Washington Street uh who is an autostic therapist and is autistic herself said that the loud base vibrations and sound are making her ill this do doation is relevant to the Jay's application because it raises the question of whether the City of Reno or really any city is capable enforcing city codes various requirements given the nature of such events being outdoors in a large area with electronic sound amplifiers so I end with the questions does the city have the necessary resources available in RPD officers and city code enfor officials and are there no other large scale live music venues available for musician lovers to to enjoy thank you thank you Tom Burke uh my name is Tom Burke I live in the pounding District uh I can do something to help amarate the timing here I for fear of sounding like I'm from the uh Department of redundancy Department I'm going to skip some of what I wanted to say but uh I was today given a copy of the acoustical analysis done for the project and it was uh this was submitted uh late in last year they were using the aeed deciel analysis which we've heard several bad things about tonight but you know it's it's what I've got to go with um and I they they they say that an increase of 10 DBA that is uh an a weighted decibel analysis is generally perceived as doubling in loudness or that an increase from 70 DBA to 80 DBA is perceived to be twice as loud just as a a basis from which to try to understand this stuff they then proceeded to analyze uh using five locations around the proposed Festival site each with a night and a day reading and comparing existing ambient noise with the projected or modeled uh project noise levels those readings demonstrated that seven of the 10 readings exceeded this 10 DBA level that is doubling uh in in the sound effect ranging from a minimum of 13.5 DBA to the maximum of 21.6 DBA so uh all over the place uh given that their own analysis the sound is projected to more than double given the difference between ambient noise and projected Festival sound levels um I was okay that's enough of that but um I I I really like the part about all the grass out in front of the uh stage which I wish were pointed another Direction because it actually pointed it kind of kind of at me but I'm hoping or can I ask is maintenance of that grass throughout the life of the uh conditional use permit is that mandatory okay otherwise they're just contributing I I expect we would see more parking lots like we've seen a lot of uh from uh the J already the biggest concern I have maybe uh is that the base camp may show up at this J Festival location which I think would be a disaster because that we felt a lot of the uh vibrations and noise from that and I think those speakers were fac it facing uh the opposite direction from our house so the sound does go all directions and uh that would be the nature of our our biggest complaint and why we think you should deny the land use or this conditional use permit thank you thank you Peter Newman thank you madam chairman my name is Peter Newman I represent the uh Newland neighborhood association and I'm also here on my own I live kind of downtown at next to the prominade U on West Court Street um the reason that we think this base camp examples of 2023 and 2024 are relevant to decision is that they prove that the the City of Reno is incapable of of enforcing the existing laws and one of those laws is 75 DB for Amplified sound now it's very noticeable to me unless I'm missing this that the applicant um M Mr Jacobson or Mr Jacobs he doesn't want to have any kind of a limitation on on the on the decibel um so I assume that's because they know they can't make can't they can't do it within 75 DB Sound Vibrations are very interesting as as Tom Burke just said an an increase of 10 DB is logiic not not linear so it's like an earthquake you know 6.2 is about 10 times more than a 6.0 earthquake well with sound if you increase the decb by 10 you're increasing the perception of the hearer by 100% it's double 60 Debs is will be more than double than the 50 or so if you go over 75 to even to 80 uh you're increasing in volume tremendously low frequency sound carries because of the amplitude of the Waves they carry from Miles and Miles and Miles we've probably all heard fog horn Out on the Ocean and and they're kind of pleasant because they're solid they're not that Thump Thump Thump stuff but they carry for miles and miles and miles because of that nature of that of the low frequency and that's why I want to play for you in my last 30 seconds if I may Madame chairman a sample of base camp sounds which I've hopeful I'll be able to do it technically and but basically Base Cam or base sounds go through steel they go through wood they through go through glass and that's why when you in at a intersection where you're waiting for light to change and another car comes up and it's got that boom boom stuff pretty soon your whole car starts vibrating so can I save the last can you stop the clock for a minute and I'll set up this 2 second demonstration yes hopefully I won't screw it up battery 100% what is it let's go on a connected to iPhone oh yeah let's have an adventure and you know what I think we should do I think we should take a chance a chance you say I think you mean a chance to dance know I do [Applause] [Music] I won't Tor torment you anymore thank you very much my position and I think all of our position is we love Jay's CU you know what they've done they've done a good job they're a good operator if they're going to have a uh an Amphitheater for sound like this of any kind they can afford to build a building they can afford to wall it in with a good sound roof four walls revolving doors like you have in a hospital so when people are going in and out the sound stays inside and it doesn't bother the residents it's going to cost more money but they've already spent $100 million according to Mr uh Garrett or Mr Gordon I I don't know why they can't afford to build a building there and keep the sound inside that's why you should deny this application thank you very much thank you um so the last public comment form I've received is from Jill FR FR I hope and think I'll be the shortest comment because I'm not commenting I have three questions which you may choose not to answer now why is it that in all the traffic conversations we had no one said that the festival grounds is four blocks from St Mary's emergency room and how will that impact access to that hospital did I overhear someone said tonight that the city has no regulations for parking that needs to be built when something is developed did I hear that properly and my third question Mr Gordon referenced that the words resident IAL adjacency are irrelevant downtown if I lived in cogin Branch it would be relevant does that mean that people who live in apartment buildings are not residents and if we're not residents then I don't live in a mixed juice residential area that's Entertainment and resident and Commercial so I just would like someone to clarify what is meant by residential adjacency does not apply in this case so that's it and not even a minute maybe it was a little over okay thank you thank you um did we have anyone online I do not have anyone in Zoom who has their hand raised at this moment if you'd like to comment and you're on Zoom please raise your hand anyone else in Chambers wishing to speak on this item got no one on Zoom all right we're going to close the public comment um and now we'll move it to see done disclosures we've done we will move to questions from the commission for staff and the applicant uh commissioner Jackman if I may just make an appeal on this um everyone's tired and it's no secret that there are uh divisions within this planning commission the whole city can see it I think um we should ask our questions I agree with commissioner vioa we need to get those answered uh out of respect for everyone's time I'm not convinced that we're all going to move each other's opinions and deliberations so we should keep those succinct ask our questions and render a decision for the applicant thank you noted I will say that um being a planning commissioner means that the discourse has to occur in a public forum and that is of and why it there's a lot of discussion go ahead commissioner VTO um I have some questions for I'll start with Garrett so there's been a lot of uh public comment about C weighted versus a weighted uh I'm going to butcher the phrasing of it but way of measuring sound my general understanding is that a weighted is typically preferred because you want to understand um it's like the standard use of environmental noise um is there anything in code that requires either a weed or c-weighted as an assessment and as a subpart to that um can you help me understand as someone who is not a sound expert uh what the difference is and what J Resort is doing to try to address concerns that are being raised by the opponents alleging that there's been a failure to use SE weed sound sound measurements could you pull up my presentation Madam clerk so for the record Garrett Gordon so uh your code does not address cweed it's not a requirement it's not applicable um we as I mentioned earlier I mean and I just want to let me just say one thing Madam chair if I may I think the word irrelevant has been caking out of context I've been practicing land use law in this city for 20 years I'm a fourth generation Marino High kid I love this city I love every residents in this city every everyone has a voice in this city so I will continue to work with the residents either tonight or in the future as we move forward as far as the acoustical studies so noise standards noise prohibitions don't apply downtown we know that part of the application of a complete application for a um outdoor entertainment venue required an acoustical study so we hired a gentlem out of La topnotch um has been doing this for a very very long time and he put together this acoustical study and you can see here in yellow right here is existing conditions and you can see our block he weighed he he performed his analysis on all four corners of the project so at the NAB I mentioned when there was a question of well why didn't you put a sound study at the Montage well if I put one at the Montage and I put one at Arlington and I put one at the Reno Aces Ballpark and I put one at pounding it just doesn't stop right so the standard is you want to know what noise is coming off of your boundaries that seems fair so in the four locations north south east west the maximums this is existing conditions existing conditions which is no surprise goes over 80 because there's a train there right there's there's there's ambulances downtown there's noise downtown the ambient noise exceeds 80 as is okay what does it mean if we move forward with our project on this site so from the four locations North well that's the J Resort so we're obviously comfortable with whatever noise heads Northbound um eastbound seems to be the most important and this is the Windham Hotel so if I go back you can see right here again no one's here from the Windam tonight complaining for the record um right here the Windam Hotel you can see that not only do they typically during a day Spike close to 80 when we add in our project noise levels which which anticipates to hit them at about 70 so you heard earlier about nightclubs we're they're talking 8090 113 by the time you're in open air venue it hits the Windom about 70 it's a modest increase by the average ambient in this location so my point at the NAB was not that um any Resident or building is irrelevant I said if it's hitting a modest increase of six or seven DB at 70 at the Windom by the time you hit another block away with more buildings and more structures it's insignificant the noise based on the data the science of the impact East Eastbound and we all and our on our our expert acknowledge that facing the stage westbound is a reason for that um if if it's not a difference everyone wants to stipulate tonight we can move our stage on the west side we're happy to do so but we tried to be sympathetic to some of the comments and this sound study confirms ambient noise is loud there already our modest increase around our property line is is modest at best and there won't be any significant public safety concerns up on this um I see that the timing for when these measurements were made and it looks to me like you know there was morning and evening and they just did one measurement at this time then went to the next location did a measurement then next location I mean I'm not seeing those times as being uh like uniquely loud times in the day um was there a reason why these times were chosen or is it just kind of random I in my understanding from the for the record grick G my understanding from the consultant you can see at the nighttime where is kind of focused on that 9 10:00 hour trying to be realistic of okay we're allowed to have ambient noise and again I think this is so important Amplified sound and you heard from a resident speak a minute ago they want to be able to sleep and they're most worried about 11:00 p.m. to 7:00 a.m. we're closed you're not going to get any Amplified sound after 11:00 p.m. on the weekends or after 10 p.m. on the weekdays sounds off story story is over so that's why I think they focused on that hour at night time to see when that music was potentially playing how how do it compareed to existing conditions understood and I just have one followup question and if I may one more I just would note here our glow Plaza you can you can see I just I didn't hit this slide I around out of time right which has been operating phenomenally like there's apartment complex right to the East and we coexist very well with them and look here you can see their lights are on for one of our events because a lot of their residents have their door open and listen to the music so we've been a really good partner with an existing facility with residential right on the border of the property I just have one follow question so I I don't know how much knowledge you have about base camp my impression was that base camp was kind of like an ad hoc event that was put together and that probably explains why there were a lot of problems um is that one is that your assessment and two how would having a structured Event Center mitigate some of the concerns from that ad hoc event that may have caused issues I'm glad you asked for the record base camp was not us not affiliated with the J we have no connection with it so it's it's interesting how why it got brought up in the first place but that said it's completely different than what we're doing here in that we have a conditional use permit we have conditions we have safety plans we have enforcement criteria we could lose it all at one one time if we go over those requirements I believe our Amplified sound is less than what Wingfield was able to do I think they were open till 11: with noise we have to be done um by 10: or 11: maybe they went to midnight I thought their hours were a little different but yeah I think that was a one time let's see what happens versus us who are investing millions of dollars into a site with a very structured um set of conditions there's no way we can be compared to what happened at Wingfield thank you all right additional question uh commissioner DVR um so G I actually have questions for um le as well but since Garrett you're up there right now I'll ask um one of the uh things and base camp keeps coming up um but you guys are you guys are pretty contained is there ever in uh an instance when you guys would block off the a street for some reason maybe if you're using potentially both glow Plaza and and the festival grounds can I go back to my presentation real quick um thank you um commissioner and sorry you're under the weather hope you're feeling better um so it's a good question so you can see again this the the three different tiers and each tier triggers um different traffic management and again we worked with Reno PD Public Works planning engineering on each of these different tiers and the mitigations starting at tier two you can see here we Clos Ralston between second between second and third okay and that was important because you can see for example the bicycle Park lot and the parking lot just on the west side of of Ralston we think will'll be filled up pretty quickly and there's going to be a lot of pedestrians back and forth and public works and City staff felt like a crosswalk wasn't adequate so we'll we'll shut we'll shut that down you guys you guys have flaggers I saw yeah I saw all the other other things as well um and then uh you know we we talk about the festival grounds and I have to admit like when I first heard about it I was like oh this is great like maybe it'll be like a Sheep and Wool Festival or ler or who who knows what but um just kind of can you talk briefly um about the kinds of like single day versus multi-day events you're thinking of having and maybe jmf can talk about it again just trying to understand um because again all I keep hearing is base camp which that's not my it's not my my thing but um just kind of curious as to what you guys are thinking about for some of those um bigger events and then even potentially some of the medium events as well I'm going to call Chris Sewell up here to answer the question commiss thank you while he's walking up here I just want to focus on this slide one more time that downtown is no stranger to festivals or events you can see the top leftand Corner the festival grounds excuse me the um Italian Festival closes down Virginia Street closes down many side streets has 40 to 50,000 people with music at night in downtown Reno the aces are able to bring in 10,000 people at a time for first pitch right it's not a festival let's be there that's able to work there's fireworks at night you know which is you know obviously loud and obviously you know part of the downtown area so I'll let Chris answer but I can you can I ask you one more question before you're up there sorry and then then we'll switch over to to him um you know you talked a lot about traffic control sort of before and during the events but uh one of the concerns I had was either um after the event when people might be leaving all at once or if there's some sort of emergency um what what's the what's the potential plan for that so thank good question so let me let me tackle both of them so the first one is the traffic management so you can see on the larger events that the flaggers are not only there and participating before the event when they're entering but also exiting so you can see here on egis and Ingress and egis on the on the right hand side here Traffic Control by diagram the dark uh uh the yellow means they're there at the beginning and the orange means they're there at the beginning and the end and again this has been signed off by all agencies and your own public works department um who who were comfortable and secondly um what was your second question I'm sorry it's a little late I don't I'm like what was my second question oh like in case of an emergency so I would turn your attention to condition number 13 and the staff report where very similar to the prior item security and manag plan shall be submitted and approved by zoning administrator code enforcement department Reno PD commissioner Basera which I know is important to you they're always involved but in there you can see part of it is an evacuation plan in event of emergency so we're making sure if there is an emergency we have a plan that's signed off by All City departments awesome thank you and I'm going to turn it over to to J thank you and maybe you could repeat the question or you sure yeah absolutely um so commissioner d are uh I was just kind of curious as to uh because you're responsible for um working with the resort to bring in the different um festivals you know musicians groups whatever whatever else it is and I'm just kind of curious what uh you are are targeting um in terms of maybe style of music multi-day single day that kind of thing okay I'll speak towards uh to the to the music events first um the the plan is to have a series of one and two day music festivals ranging multiple genres uh there will be some EDM uh certainly not the majority uh country music uh ray music Bluegrass uh rock and roll we're trying to appeal to pretty much all demographics of the community um we might even uh kind of reach into some of the different you know sub genres within those major genres as well um there will be then in addition to the music events uh your typical like corporate style events the food truck events craft fairs um farmers markets uh weddings potentially uh it's a kind of a multi-use space it's it's designed to be able to do a lot of different style of events so this isn't the kind of thing where there's going to be these these you know massive festivals every single weekend of the year it's a multi-purpose kind of space designed for a variety of different events um I will speak to the uh the noise mitigation um in particular you know there was a lot of concerns around what happened with base camp um you know full disclosure another company that own is a very large uh production company we uh have contracts with Formula 1 in Las Vegas uh the Super Bowl uh we're on uh major music festivals across the West Coast California Roots Aftershock botle Rock Taho uh the list goes on we work in some of the most noise sensitive areas the most in particular would probably be the montere county uh fairgrounds in montere California they have some of the most strict noise ordinances because of our performance there as a production company for the festivals that we do we're the preferred vendor production vendor for the monori county fairgrounds and that extends to a lot of other uh venues we work in across the uh the West Coast as well um when it comes to noise mitigation what you don't hear uh a lot of is you know you hear a lot about oh the models this and real life that the reality is with today's technology and loudspeaker technology the modern sound systems sound is in fact very controllable uh base frequencies in particular you can almost effectively 100% cancel behind the Subs so it depending on if you're running say a cardiio configuration an nire configuration there are different configurations you can run sub where the noise could be 100 DBS in front of the stage and 10 directly behind it it's a remarkable phenomenon it's called phase cancellation it's a common practice in the industry and Unfortunate Events you know I don't know what was going on with base camp but a lot of events where you know sound companies don't either own that equipment they don't have the expertise to deploy the equipment if they do own it they don't use the models they're not trained we're also certified with the sound manufacturers to deploy these systems to spec to to basically effectively achieve the sound mitigation that we try to try to achieve depending on the venue um and I will say one other thing about the models our models will say we can do within a cover in attendent coverage area plus or minus 1 DB in the entire coverage area um say let's say that's 90 DB we can go out and real life during event and measure that and it is plus or minus 1 DB in the intended coverage area exactly at 90db it is remarkable how effectively accurate this stuff is and we own all that equipment we deploy this equipment it's why we're the preferred vendor for a lot of these a lot of these venues and a lot of these promoters great thank you I have a few questions for Leah but I'm gonna let somebody else talk for a whilea uh thank you chair a question for the applicant okay so you mentioned during your presentation up this is going to be a park um and I'm looking at I was looking at um the site here on Google Maps and this may have shifted but I mean I have driven by recently but basically what I see present day is it's it's gated off it's fenced off um I suspect and you can correct me if I wrong if I'm wrong but I suspect this is going to be a gated off not accessible space outside of events correct I think I mentioned thanks commissioner for the question um it's a it's a festival grounds with a park-like setting with real grass but yes it would be open during events and closed during non-events that's correct so you would you agree that this is it's an it's empty for most of the day when an event is not in play the side is going to be empty right when there's no events I would agree if there's not an event it would be empty would you consider that like a void in the downtown Entertainment District such a large empty space like that um absolutely not I think the investment that's going into this blighted block with real grass and with the opportunity as you heard from Chris not only do we um anticipate eventually getting up to 30 events per year but we have unlimited smaller events right and so last um summer the glow Plaza like every Friday night every Thursday night we had the neon light Series where families came and kids came and they were coloring and they were dancing and they were singing and there was food trucks I mean we want to activate this space which the downtown action plan says to do with festivals entertainment and cultural experiences as as much as possible so we don't imagine it sitting there vacant for certainly not weeks or months on end it will be deployed um and then what type of fencing um are we expecting is it going to be like I think the what is it like 9 foot fencing with um the bars the metal bars I think they have it around the police um mind your standing you watch on the glow Plaza right seven foot high rod iron Rod IR that's right seven foot high rod iron what kind of what you see at the glow Plaza right now and what events have you had so you you you somewhat touched on this but I haven't seen any events at the glow Plaza at least you know when I've gone by there I haven't seen I mean it doesn't look like it's an active space Oh we we welcome you we had one of the best summer series of all time this this last year I mean um you envogue was there we should have brought you the envogue I mean there was it was probably I'll let Lisa Lisa address it um but there were I think between 15 and 20 I want to say um 25 there was 25 concerts there and that's concerts and doesn't that doesn't um account for like the neon series on Friday nights that's familyfriendly and I think um like not this year the year before the Rodeo Association had their annual dinner there under the stars so you can put tables and chairs and have these big fundraising events outside so it's we I'm happy to send your office a concert series um invite for this whole next season and I think I cannot accept that but oh I'm not saying you have to pay your own way but I'm saying I'm happy to give you the ability to no when events are when events are happening yeah no I'm um no thank you I'm just kidding you have to pay no good I'm glad in the live entertainment tax you have to pay too um I have I do have another question the special use permit I remember during the glow Plaza one of my big concerns was the special use permit and from what I remember this was a while ago but from what I remember during that application and I may be you know I could be misremembering this but there was no special use permit requirement is there or the application did not include a requirement that the applicant receive a special use permit for this application I did see that there were special use permit requirements can you elaborate on that and because I would like to see a special use of permit required at all events and it seems like that's partially the case but that's not entirely the case are are you saying you mean special activity permit is that what you're reference not not or I'm sorry did I say special use yes special yes for the event permit special event permit correct no I do remember a dialogue last time and I think um the glow Plaza we agreed to disagree that there was this B there's this threshold of over 3,700 attendees would require a special activity permit right under it did not we have taken your direction and now at the festival grounds every event will require a special activity permit which gives the ability of us which already is required to provide a list of vendors for every event making sure they have their health permits and all the requirements but also allows police fire Public Works to have an extra layer of review for every event so it's every event so I need Clarity on that but I'm going to go to staff for that however I can read it to you real quick just commissioner I just not to interrupt you but it's it's condition number six and it says a special event or activity permit shall be required for be required for all events period so all events does that include the smaller events it does okay so okay that's interesting that's good to know um so trying to earn your vote this time around we really want it um okay so and just so I'm you know clear on the verbiage a special activity permit special event permit it's the same thing I'm not there's not like I'm not going to get fooled by oh well actually it was a special it's it means the same thing you have to get you know you have to work with law enforcement you have to work with the um yes Leah picotti for the record yes um essentially that the only real difference is uh if there's road closures involved so it's a special event if it's if it requires road closure and it's a special activity or if let me revise that it's a special event if any portion of the event is being held on public property it's a special activity permit if it's solely on private property okay thank you for clarifying that yes what's the big difference between the two and is there a difference there's not a difference same application process same review process same everything just some of the larger events may require like a closure on Ralston or something like that so we didn't want to limit it to special activity events only because in the interest of of mitigation we don't want to be limited to that okay all right thank you um no further questions I have more but I'll wait okay commissioner Basera sure who's ready for some jumping jcks first gosh um uh start with you Leah or even gett uh it's going to be kind of high level uh What observations and lessons from the glow Plaza have been learned since the opening and applied to this project to improve things not just operationally but for the kind of Resident and community experience so thank you for the question uh Leo picotti for the record again um you can see in my staff report that I really tried to focus on a compar a side by-side comparison of these two and the reason that I did that is we wanted to look at what worked for the glow Plaza and what didn't work and ultimately what we came up with was that we needed special event or activity permits for for every for every event um as Garrett said what has ended up happening with the glow Plaza is that even though the threshold was 3,700 people because they don't necessarily know how many people are going to attend they just submit it for a special activity permit every time and that's perfect we love that so that's one of the things that we said this time around let's just let's just require it cool rapid response here we're going to keep going if that's all right um moving on to disability uh are there additional mitigation efforts that can be taken to strengthen um the the potential sound issues not necessarily with uh going east but I think we have members of the public that identify as autistic and I just want to make sure that things are okay there or or does the sound study that was conducted account for that um staff staff vetted that sound study and and felt that um that appropriate mitigation was being implemented in this case okay and another one for you Leah you during your presentation I think you alluded that RPD was the primary Agency for handling security but my understanding it's that it's private security and RPD is only if needed that's that's correct but um through the special activity or event review process RPD might look at it and say Hey you know we're going to have to have three extra police officers on shift for that and so they they'll make that determination but I do want to point out because we talked about budget constraints within the city and things like that that the uh the applicant's responsible to pay for all that right so any any anything that comes from the city that would be fire or public um Transit type stuff or anything that requires that RPD they pay for it yeah that's good just want to get clarity on that thanks Le one more for you and I'm going to Pivot over to uh Garrett um Sound audio again I guess but just clarifying question what's the maxmen threshold on a decel for this one is it 75 or 80 there is no maximum there is no maximum decibel threshold within Title 18 there is a maximum threshold within oh I think it's title eight for like Park areas so when you fill out a special activity permit or a special event permit there's a box that says we're going to abide by that 75 dbel threshold but technically within code it only applies to city parks okay I was just curious because the the the matter before us this one we set 80 I believe and so and I saw 75 and things we did not set a deciel threshold here I get maybe just the way it was worded in the report and then uh thanks Leah I'm sorry there is an there is an 80 deel threshold that was applied to the glow Plaza permit got it um but we found that problematic okay and which is why we didn't carry that condition forward to this why was it problematic as you've heard tonight there's lots of different ways to measure sound in different scales and we just we're just we just didn't we it wasn't recommended to carry that through cool and last one for now and you can punt to Mr Gordon here uh bathrooms any reason why it can't be brick and mortar or do it have to be porta potties or whatever uh code doesn't require it to be brick and mortar um lots of festivals operate with port poies and again depending upon the type of event how long people are going to be there um that'll all be vetted through that special activity event permit and they they are going to have they are going to have an to have enough restrooms and they're going to have to put those restrooms on site and if they can't do that then they don't get the permit great and last one actually because you answered that one pretty quickly um I I in communicating with the applicant um there was a this notion that this was a temporary project or is that does that register or I just want to get clarity on that no it's a perate project okay all right answered thanks uh commissioner jock three questions all for staff uh zoning you had a slide there and you talked about it how long please remind me how long the parcel or the area has been zoning that way since the 60s I mean the original Casino in Nevada was herold's club right on Virginia there in 1937 I think um we instituted a master plan sometime in the late 40s and then that that essentially it was kind of ukian and then that sort of expanded out and basically anything was allowed and then we sort of condensed that in the 80s created a business district and a hotel and gaming casino district and then like Carter said earlier it wasn't even restricted until like 2003 um okay so as long as we've all been alive is what you're telling me yes yes in the room most of us okay so then uh next question is law enforcement so you had conversations with law enforcement uh do you feel that all of their concerns have been adequately addressed with regard to safety absolutely they looked at every aspect of this application every revision of this application the traffic mitigation plan not only did we have um a um a sep T done which is a oh my gosh I'm BL blank right now but basically it's through environmental design where the um officers take a look at it and they say if you're going to do this these are the things we need to do to create a safe space but then we also had the police officers who look at our special event permits take a look at this and review this and then we had um one more big mail out to them to make sure that they got it and everybody reviewed it and every everybody's cool with it okay third question uh the applicant told me that the U Montage was a part of the downtown action plan can you confirm that that's correct that is correct yes there was a member some a resident of the Montage was on the committee that created the downtown action plan yes thank you nothing further any additional questions from commissioner DVR yeah I had just have uh a lot of the questions were already answered um thank you Leah for being there for so late uh the question I had was just just for clarification uh let's just say this was not approved they could still do events up until 10 p.m. so they're only ask requesting an additional hour on the Friday and Saturday and then for those two special dates the 125 that is that that's correct right it's absolutely correct yes okay just I just wanted to um make sure I understood that and then I think uh that was the only other question that I had that had not been answered thank you any additional questions from the commission commissioner hey uh Leah so mic's off I'm looking at the staff report and it's saying uh that our the the request is to allow amusement or Recreation outside so what exactly is that part of the request um why do why are we here today why does that need to be evaluated um because minor conditional use permits are required for any outdoor recreation uses and the festival grounds would fall under that use now they could have come forward with a minor conditional use permit which is a 30-day administrative review process so it wouldn't have come to you guys or councel and we would have looked at that and we would have implemented some mitigation it would have essentially gone through like the same review procedure everybody would have looked at it and um probably would have been approved with the same conditions you're looking at today the extension of the Hours by the one hour for live entertainment is what requires a conditional use permit which has to go through the public hearing process and goes before this body the applicant can Elevate that minor conditional use permit to a full conditional use permit to be heard concurrent with the with the other use permit so that's why we're looking at both of those things here although in the grand scheme of things um the minor use conditional use permit is really just an administrative review um we've just brought it forward in conjunction for full transparency essentially and the live entertainment so that's the second part of the the request um can you why is that part in front of us so outdoor live entertainment is permitted by right until 10 p.m. in raino seven days a week outdoor you said outdoor uh indoors till 11: so that's what we were looking at earlier but but outdoor is allowed until 10 p.m. so again they're they're just asking for that extra hour on Friday on Saturdays okay thank you sure commissioner for the record uh hey Leah uh just some quick ones uh I didn't see this in the traffic mitigation report but it was feedback from RPD they were just wondering if uh folks would be amenable to directing Mass Exodus away from downtown Reno right for the large events just sharing that it sounds like that's going to be sorted out maybe in a post kind of discussion specific to each event uh no I think they wanted all events like Mass Exodus Westward just sharing that um secondly how does a full capacity Festival event like let's just say the 10,000 15,000 type events impact the ability of residents to safely and timely enter and exit their nearby res residences especially if some roads have been identified as level level of service e ORF well there's going to be traffic um especially at the beginnings and ends of these events and just like School drop off times or baseball games or any of those things they're probably going to have to sit in some traffic will they be able to get there safely yeah sure okay or in my case a bike um or on a bike um and last one I think we had a public comment too I just want to make sure that maybe she got the her question answered um they were curious what was meant by residential adjacency in this particular context would you mind yes providing insight there so um within Title 18 we have residential adjacency standards but those resident residential adjacency standards only apply to residential only zoning districts So within code we have essentially three different kinds of zoning districts we have residential zoning districts that pretty much only allow residential and maybe some very minor neighborhood type stuff then we have Urban which is all of our mixed juice districts and then we have employment which is essentially our industrial districts where residential is prohibited so if this was adjacent to a single family residential zoning District or a multif family residential zoning District those residential adjacency standards within article 14 would apply but they don't apply here so that I that that's why questions discussion are we ready for discussion I forgot I forgot my question but it may come up later but yeah we can enter discussion want to kick us off happy you get us started I'll keep it short and sweet um I really think this is a good project I think they've done a lot of things to mitigate a lot of the concerns to the neighbors and they have learned from the glow project the glow Plaza uh having been to multiple concerts there Trampled by Turtles this summer was amazing they did a lot of really good things to really help the community and I think this is something we should support for more permanent uh type venue um and I can make all the findings under uh with the conditions of approval commissioner draulic um I was here for the Globe Plaza uh application same debate smaller scale um great to hear that that was going well City didn't have any issues no code issues I never seen it be an issue anecdotic uh so I have my faith in uh Jay resort to deliver on a product that I believe the community has been Desiring for decades if not since the recession with revitalizing downtown so I'm looking forward to it uh commissioner Joan I I'm I'm support of this project if a motion is made I think all of the um master plan conformance everything within that section so all of the guiding principles that were listed by staff in addition I think that the existing businesses um principal is also uh met with this application and so I'll be happy to support it if a motion is made um Leah I remembered my question I have two for you questions plural um one of the public commenters mentioned St Mary's Hospital being down the street and um it is down the street and so has staff considered that because if there isn't okay what what's the um what was the resolution there yeah so Fourth Street is um is an um I I can't think of what they call it but it's an emergency route essentially so we did double check that with fire and RPD to make sure that that wasn't going to impede the travel and everybody's fine with it and then um the glow Plaza that's come up a lot and I know that's not the application in front of us but I would be interested in knowing because I'm sure the applicant knows uh V enforcement what type of violations have we seen have we seen nuisance complaints none of that not one okay all right thank did you want to stay for a discussion come back to me commissioner delvar do you want to weigh in on discussion sure um yeah no I I appreciate um the applicant uh what they're doing um I'm I I think it's a good use of that space and uh I can make all the findings so that's pretty much all I have right now uh commissioner serf for the record um there are a lot of pros and challenges before us on this one um I do want to give a nod to the applicant the representatives um they've I think worked in good faith with us to try to find Middle Ground Solutions not just us but I think the Community uh I also want to give a nod to the general public uh I think the Montage folks have kind of been uh singled out if you will uh but I think it wasn't just them it was broader uh community that have shared comments and so just nod to everyone for uh coming together and making your concerns heard because they are valid and um if I'm reading the room correctly uh I think I know how this might go and it doesn't mean that those concerns are not valid um I did have a question maybe for Mike or staff this is kind of more highle strategic is that in evaluating this particular project um we've seen High you know several high-profile Investments that fall short of event expectations how does staff evaluate this as being different like you know like this is the quote unquote money for revitalizing downtown Reno for the record Mike reallyy to be very honest we don't have a crystal ball we can't you know we could fall into another recession I mean there's a lot of unpredictable but I think in this case looking at the fact that they're already operating the Globe Plaza they have a proven track record um that those definitely play in into our decision- making especially when we can talk with our partners in the police department in Code Enforcement to see and if they have had ISS isues um and then apply you know any potential conditions based on on those concerns great thank you commissioner villanua um so I just want to say so I've met as you all know I mentioned during my disclosures I did meet with many of the residents at the Montage who did share very um very valid concerns and um and I hear those concerns and I understand those concerns and um and I just want to share with you that I I've listened to those concerns and I'm looking at the application and it's it's really there's not a whole lot that I can say no to here um they really are just asking for that extra hour um and given the history with the glow Plaza to this point um not to say that that can change but I mean history thus far has shown that they have triy have tried to be good neighbors um and like with the other application U with the application that came before us it's easy for us to just say no but when we look at the findings I mean the reality is they have certain rights in place currently and this is really not asking for much more beyond that um and they are in the Entertainment District as I've mentioned in other applications it is important for us to balance the mixed juice and Entertainment District the downtown area residents and businesses um and I do try and do that um with every application that comes in front of me I do try and listen to the residents and I do try acknowledge um and listen to the business owners and applicants as well and in this case um trying to find that balance I do believe that the applicant has um presented in a in a in a fashion that I think um they have gone gone above and beyond to try and um meet some of the expectations that the city has in place um so I just want to put that on the record for thank you madam chair if I can just add one thing um if if a motion is made I would like to remind that the board that the applicant in his presentation requested a minor modification to conditions which would allow hours to extend to 12:15 a.m. on Halloween and New Year's Eve other record gar Gordon if you could just say twice a year versus those two specific events I don't know if it changes so if if the commission is so inclined I would ask that you include that modification in your motion and can can you just which uh condition is that I could look at it up I'm just I got it here two conditions we have modification to condition number 10 and condition number 11 I wouldn't be the Amplified no but your hours of operation need to be extended so would be 10 so it's 10 and 11 because you want to go to midnight oh the Amplified sand that yeah that's what I thought Leah did you want the PowerPoint or the projector that the the coas that I sent you yes okay bear with us for just a minute we're going to pull those that's correct so right so commissioner VTO thank you for the clarification sorry for my chicken oh you have it up I've got it I was prepared so right so it's both of them till 12:15 yeah so what we need to do is we need to modify um condition number 10 to extend the hours of operation and then we need to modify condition 11 to allow it to go until 12:00 on two two times a year 12:15 two times a year so for nine and for 10 and 11 what I've written down is is subject to the conditions listed in the staff Report with a modification to condition number 10 to extend the hours of operation to 12:15 a.m. twice a year and extend uh number 11 to 1215 a.m. twice a year to condition number 11 to extend hours of operation to 12:15 a.m. twice a year correct and I'm writing this out because our newest commissioner has yet to make a motion and I'm hopeful that if there is a motion to be made you would be willing to make the motion can I just put something else on the record first sorry I meant to say it earlier I just want it on the record um I to the to finish my discussion earlier the 30 30 events ultimately just ends up being about every Saturday between April and octo at the end of October so it it is a lot but it's it's one day a week potentially excluding the minor events so sorry just had to put that on the record thank you I stated that I would support a motion if one was made and I'll stick to that so go for it will you accept a motion can I give discussion thank you I wanted to tell the I most of the crowd has left but I wanted to applaud them and thank them for coming out and spending 6 hours with us that's a lot of time and your voices are heard these are very challenging you know downtown is a has a lot of distractions and it comes with a lot of uh inconveniences at the expense of entertainment and that is why people live there um ultimately I can make the findings because we're asking for one extra hour two nights a week um that isn't an onerous ask um in context of um all of the other things we've heard this evening so I would appreciate to hear a motion and it sounds like commissioner VTO is uh on Deck to do that happy to if this is mated please correct me uh in the matter of case number LDC 25-31 based upon compliance to the applicable findings I move to approve the conditional use permit subject to the conditions listed in the staff Report with a modification to condition number 10 to extend the hours of operation to 12:15 a.m. twice a year and a modification to condition number 11 to extend the hours of operation to 12:15 a.m. twice a year and I can make all the findings commissioner Dracula CH second we have a motion in a second all in favor I I I any opposed seeing none uh motion passes unanimously I will read the appeal process any final action not including recommendations or failure to take action by Planning Commission may be appealed to the Reno city council by the applicant the mayor or redo city council any person or any person who is aggrieved by action or inaction the appeal together with fees must be filed with the city clerk within 10 business days starting the day after written notice is filed with the clerk all right that we can close the public hearings and just get a um trucky Meadows Regional planning liaison report update but since doc director Smith was here I think we're probably up to date that's good all right staff announcements uh for the record Mikey I will be very quick um at our next meeting U and Jeremy Smith from uh TR Regional planning touch on this uh but Jay Howard with the Trey Ms Parks foundation will be giving us a presentation on the Regional Trail plan and how that ties in with the regional plan um just some quick Council updates council did approve the Western Road zone change that this body recommended approval La um I believe it was at two meetings ago they approved that last week um also next week they will be discussing a potential text amendment to Title 18 to address data centers um I know there's some interest from this board in that and then lastly the oppidan data center appeal will be held on March 12th right thank you uh any commissioner suggestions for future agenda items commissioner B for the record um for Mr Mike when I met with Chief Nance on some of these project projects before us um she had offered actually to come before us from time to time to offer a presentation uh which I think is great to kind of tighten that feedback loop and inform our decision-making uh that's one and I think the other one um and then and then I think the other one I was I was kind of wondering because it came up I think prior to the start of this meeting was we received an email about communication policy and I don't ever remember receiving training or review on that so I thought hey we have a few other things that we should probably review maybe lump that into that training absolutely thank you sir all right and we have public comment uh on any action item or general public comment anybody on Zoom no one on Zoom has their hand raised the chambers are empty so I'm going to close public comment and uh make a motion to adjourn this festival and call it a night so moved so moved perfect let's Boogie