Planning Commission - Regular Meeting

Commission to order at 60:01 p.m. Madam Secretary, can I get a roll call, please? Here. Vice Chair here. Commissioner Kramer here. Here. Commissioner Princess here. Commissioner Reedson here. Assistant city attorney Brandon here. Community services director Jim here. All right. Thank you. Please stand for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. All right. [Music] All right, we'll open this up to public comment. This is where any member of the public can speak on any item. Does anybody wish to speak? Is it for a specific item or just any item? It's for the approval of the business. Yeah, I'll call you up when you I got you right here. So, I'll call you up when we go through that. All right. I see no s if I could just to to make a record and don't want to make it seem like we're not inviting public comment. You can speak now and at the item but each of the each of the three items are going to have their own separate public comment. So you can do both if you want or you can wait. Thank you Brandon. All right. Anybody wish to speak on general items? I see none. I'll close public comment. All right. May I get a a motion to approve of the agenda? Maybe. Mr. Chair, I will uh formally make that motion to I move to approve

the agenda as submitted. I'll second that. All right. We got a motion by Commissioner Kramer, a second by Commissioner Pritzell. All in favor? I. Any oppose? I see none. passes unanimous. All right. May I get a motion to for the approval of the minutes? Mr. Chair, I move to approve the minutes of the planning commission study session held on Tuesday, April 15, 2025, and the planning commission meeting held on Thursday, April 17th, 2025. I second that motion. All right, we got a move by Commissioner Pritzell, a second by Commissioner uh Kramer. I can't seem to bring it up. Yeah, mine's not working. Yeah, you're frozen. I'm frozen. Oh, there we go. All right, let's vote. All right, I see all voted. Uh, yay. This motion passes. Yes. Just a reminder discussion. Yeah. Thank you. All right. We'll go on consideration discussion. Possible action. Okay. So, we'll go on to 7.1 public hearing PCN24-003 slash CU24-000011.

Thank you, members of the commission before you today. So, this item is a request for a conditional use permit to allow the enlargement of a non-conforming use located at 1555 C Street and generally located east of 16th Street and the on the south side of Sea Street. The project's approximately 0.14 acre site is shown here outlined in red on the vicinity map and is located in the MUD or mixeduse district downtown Victorian Square zoning district. It's currently developed with a non-conforming single family residential use as well as accessory structures. subject site includes an 1142 ft single family residence that was originally constructed in 1905. At the time of the original construction, the neighborhood was known as the New Town tract which allowed single family residential development. There's some interesting background on this site in terms of changes in master plan and comprehensive plan land use designations as well as zoning district changes over the history of the parcel in the immediate neighborhood. The master plan land use designation for the subject site changed from TC or tourist commercial to uh transit oriented development downtown Victorian Square with the adoption of the revised transit oriented development plan in 2009. At this time the site was also reszoned from TC tourist commercial to TOD downtown Victorian Square. In 2016, the land use designation for the subject site was changed from TOD downtown Victorian Square to mixeduse District

Downtown Victorian Square. When the 2016 City of Sparks comprehensive plan was adopted, the zoning then changed from to downtown Victorian Square to its current MUD BTVS zone. Properties designated and zoned mixeduse district downtown Victorian Square support a range of retail, employment, casino, civic, and entertainment uses along with a variety of medium to high density housing types. So why are we here today? The existing single family residential use is considered non-conforming as the MUDTVS zoning district does not permit single detached uh or detached single family uses. While the MUD DTVs allows multifamily uses at just over 6,000 square ft, this lot is less than the 7,000 square ft necessary to achieve that number of units and is subject to the alternative standards for smaller lots, which limits the site to two dwellings in the MUD. This alternative standard intends to encourage lot assembly for larger and more intense residential development. However, single family uses and duplexes, the one or two units, are not permitted uses in the mixeduse district downtown Victorian Square zoning district. So, this significantly limits the site in terms of residential development. Currently, there's several structures located on the site um as well that were constructed without a building permit or city review. These include the addition to the rear of the home and an upstairs office that totals 543 square ft and are currently comprised of separate buildings. The site has been subject to code enforcement actions since 2022 and staff has been working with the homeowner to resolve the permitted status of the structures.

Approval of a conditional use permit is required to allow such an enlargement of a non-conforming use. The cup request proposes to relocate and attach these buildings to the home under the city building permit so they can be considered as additions to that existing single family residence. And um I'm hoping this is an improved graphic from what uh you had seen on uh Tuesday's study session. So the exist uh existing home is shown right here and where we have the hatching is proposed residential addition here and this proposed accessory building 198 square ft. Uh so these two accessory structures on the site here and here uh are under 200 square ft and are not subject to approval of a building permit. There's also an unpermitted 240 square f foot structure uh currently used for storage and this will be demolished, removed from the site. An existing 302 square ft uh shows as garage building here is primarily used as a utility shed that's not a part of this application. It's an existing structure. It was likely constructed many years ago as an accessory to that single family uh residence. Most likely a garage as the driveway here on Sea Street does lead directly to the opening in in the garage. Small portion of the building is extending as you can see in this hatched area into the alleyway. And this uh will be removed this section uh so as not to encroach into the public right ofway here in the alley. Total square footage requested to be added through this conditional use permit is

543 square ft. So this slide uh shows a view of the first floor addition. The proposed floor plan includes the addition of two bedrooms, two bathrooms, and a walk-in closet. Also included in the addition is an expansion of the kitchen and an upstairs office space with access from the interior via this circular staircase. Property owner has worked with staff to arrange the unpermitted structures in such a way as to create an addition to the single family residence that is logical in its placement and internal traffic flow throughout the home and therefore cannot be viewed as separate multif family residential units. So this slide shows the second floor office edition up here and uh the sighting material on the front of the residence um shown here asto shingles. Uh that material was banned in 1989 uh due to health risks. The additions propose a very similar appearance with the same color kind of a blue gray uh color and horizontal wood lap siding with a white trim. Uh the roofing is composed of asphalt composition shingles to match the primary residence. And while development standards in the mixeduse district generally require a mix of materials for residential development, the standards also call for compatibility with that surrounding neighborhood. The existing residence is compatible with the surrounding neighborhood as it is, which is predominantly a single material horizontal sighting that was typical for the time period. Staff recommends that

the proposed design of the additions which are matched to the existing home suffice as compatible with the neighborhood as the addition of other materials such as brick or stucco does not provide compatibility. So with that um I have completed the background and analysis portion of the presentation. So there are five findings the planning commission uh must consider. So, uh, for finding C1, the site is designated mixeduse district downtown Victorian Square, that land use designation does not expressly allow single family uses and requires a minimum density of 18 dwelling units per acre. Based on the density calculation, the density required on this parcel would be 2.48 units. However, the subject site was legally developed prior to the adoption of the mixeduse district and expansions can be considered through the conditional use permit process. And the goals and policies of comprehensive plan that are relevant to this proposal include the enlargement of this confirm uh non-conforming single family residential use supports compact and infill development in a location already served by public services and infrastructure. thus promoting goal MG4 and goal MG6. The requested enlargement of a non-conforming use is compatible with existing structures on the residential and uh use and neighborhood advancing policy MG13. So for finding C2, the existing single family home was constructed on the site again in 1905. The table shown here on this slide shows a mixed pattern of existing uses which are typical of the southern portion of the MUD DTVs

zoning district. The area was originally developed with single family residences in the early history of the city. While single family residential uses are not permitted currently in that zoning district, they are a predominant development type with ties to the early development of Sparks. Allowing an existing non-conforming single family residence to enlarge by 543 square ft would not change the character of the residential uses and would not negatively impact adjacent properties. For finding C3 natural resources are typically considered to be air and water. This use does not produce any negative impact directly to the these resources since the subject site has been previously reviewed as a part of the comprehensive plan update process. Um therefore, city staff does not believe approval of the cup would impair the availability of natural resources or the region's ability to support its population. So finding C4 is concerned with addressing identified impacts. Um parking the enlargement of the existing single family home as proposed requires four parking spaces for the four bedrooms. The required parking can be met with off- streetet and on street parking in the mixeduse district. While the Sparks Municipal Code requires vehicle access from the alley at the rear of the parcel, the only way to accomplish that access would be to remove the structure formerly used as a garage. The west portion of the rear yard serves as a landscaped yard area with both a vegetable garden and a fruit tree. Moving the required parking to this area would change the single family nature of the lot and remove landscaping that presently serves the enjoyment of the homeowner. The site is not proposing

to intensify the use in terms of number of residential uses. The single family nature of the existing site is not proposed to change. Therefore, since the site is currently accessed from Sea Street, staff recommends the current access remain. And for architecture, uh, architecture standards applicable in the MUD DTVs zoning district require compatibility with the surrounding neighborhood and multiple materials used to provide visual interest. However, the use of multiple materials would not uh be compatible with those utilized in the immediate neighborhood. Finally, C5 public notice was published in the Reno Gazette Journal and 94 uh notices were mailed to owners of property within 500 ft of the subject property on April 29th. Planning Commission meet uh meeting functions as the public hearing for this item as required by Nevada Revised Statutes and the Sparks Municipal Code. The applicant has provided letter uh or signatures of support on a letter from neighbors and they have been provided to you. Uh staff has not received any public comment in opposition uh to this request. So staff is recommending approval of this request concludes my presentation. I'm happy to answer any questions uh as is the um applicant. All right. Thank you, Danny. Commissioners, do we have any questions for staff? No. Great question. No. Thank you. Does the applicants here? Mhm. Yes. Do you want to add anything? Just want to add that uh just come up here, state your name for the record. My name is James Daryl. I'm a contracted consultant for the

owner, Mr. Ismel Castro, who cannot be here uh this evening. He apologizes. uh for a lot of the misunderstanding that took place since 2002, but since then we've been in coordination with the planning department. They've been very helpful and I appreciate the presentation uh that she provided because we worked together to put all that package together. Uh Mr. Castro is terminally ill. Uh he's his goal is to resolve this issue as soon as possible so he can work towards getting a building permit is his hope and his goal so we can get that process moving and get as much constructed as we can within the uh permitting process of the city of Sparks. Okay. Thank you. Y thanks commissioners. Do you have any questions for the applicant? All right. I will entertain a motion. Oh, excuse me. This is a public hearing comment. Anybody in the public would like to comment on this particular item? Seeing none, I will close public comment. Now, I will entertain a motion. Mr. Mr. Chair, I move to approve the conditional use permit CU24-00003 associated with PCN24-0011 to allow enlargement of an existing residential use findings and the fact supporting these findings as set in the staff staff report subject to seven conditions of approval as listed. Can I second? All right, we got a move by Commissioner Kramer, a second by Commissioner Rodriguez Elkins. Please vote. Oh, any discussion on this item? All right, let's vote.

So, this item is a request for a conditional use permit to operate a health fitness club use within an existing 7500 square foot industrial building located at 905 South Rock Boulevard, which is generally located south of Freeport Boulevard and west of South Rock Boulevard. The project's approximately uh 0.184 acre site is shown here outlined in red on the vicinity map and is located in the industrial zoning district and is currently developed with three industrial buildings. Uh first of all I do want to apologize for an error in your staff report that cites the size of the site as 4.83 acres. It was an erroneous error and it was only within the text and body of the staff report. the uh site description is correct in the noticing and in the agenda title. So apologize for that. The subject buildings located on uh again that 1.84 acre parcel. The central building at 935 South Rock Boulevard serves as the retail location for Sparks Tile and Stone. and the building at the south portion of the site, 955 South Rock Boulevard, serves as the warehouse for that business. The remaining building on the northern portion of the parcel is the proposed location for the Health Fitness Club use and is currently vacant. The proposed fitness health club use intends to provide health and wellness services, specifically as a private training center offering tailored fitness programs for youth, athletes, adults, and the elderly. The interior of the building is proposed to be configured to include trading areas, exercise equipment stations, and group sessions for specialized workouts. Given that the subject parcel is within the industrial zoning district, the proposed use requires

approval of a conditional use permit. CUP is required by Sparks Municipal Code to ensure compatibility with surrounding uses and to identify potential impacts and mitigation of those impacts associated with the operation of a fitness health club use adjacent to industrial businesses. So this slide shows both the site plan on the left and parking plan on the right. The owner of Sparks Tile and Stone also owns the parcel and all three buildings and has worked with staff addressing any potential impacts associated with the requested use. The current parking uh layout is uh contains 67 spaces shared among the three buildings. The applicant proposes to add 19 parking spaces for a total of 87 spaces on the site. This meets the requirements of one per 150 uh one, excuse me, one space per 150 square ft for the gym use, one per 300 square ft for the retail use in the center and one per 2,000 square ft for the warehouse use at the south end. The site will be slurried and restriped per the property owner to include those 87 spaces. You can see here what's being added are these black white trimmed uh triangles and over here that the green spaces as well and the appropriate number of ADA spaces will be included. So the combination of increasing the available number of parking spaces as well as restricting the times of day for group classes to avoid any scheduling of classes during the Sparks Tile and Stones peak hours mitigates potential conflicts arising from overutilization of the available parking. Staff recommends restricting training class hours to 5:00 a.m. to

10:00 a.m. and 2:00 p.m. to 10:00 p.m. Monday through Saturday and anytime on Sunday. This is in condition number six. These operating hours would lessen that impact to the other existing business during its busiest time of day. In addition, condition seven requires signage be provided that identifies the use operates on an appointment only access to avoid walk-ins that may overburden the parking on the site. Grind Sport Performance Gym, the name of the business, anticipates their busiest time for customer traffic to be after 6:00 p.m. on uh weekday evenings and weekends. The Grinds training sessions are limited to 20 uh clients and one coach. While it can be expected that the proposed use will generate noise, staff does not anticipate that it would be audible outside the facility or from adjacent uh tenant space, in this case building. Given the location of the facility on busy Rock Boulevard, these impacts are expected to be minimal and only noticed by customers of the proposed business. I hope this image uh here is also clearer than what you saw on on Tuesday. Um so this is the building at the north end. These are the the four elevations. See this uh no modifications to the exterior of the building are proposed. So this shows the landscaping plan. A 10-ft landscape strip with street trees is required to be located on all street frontages in the industrial zoning district. The site is therefore considered substandard to as to landscape area requirements. The site's landscaping area is located on the Freeport frontage. There's no landscaping present on the Rock Boulevard frontage and none is proposed.

The addition of landscaping area is only required by code when building floor area or height is increased or when lot coverage is expanded. Since the proposed use will not alter the existing building or modify the lot coverage, the applicant is not required to provide any additional landscaping area. Applicant is proposing to retain two of the existing trees and add six trees to meet the development standard that requires one tree every 30 feet on Freeport as shown in the landscape plan. Condition nine requires that a total of eight trees be provided. Condition 10 requires that the screening of the permitted outdoor storage area be repaired and completely slatted in compliance with the previous special permit uh SP930021. So I have finished the background and analysis portion of the the presentation. Again there are five uh findings that the planning commission must consider for a conditional use permit. So, title 20 of the Sparse Municipal Core uh code allows health club and fitness uses within the industrial zoning district with an approved conditional use permit which supports utilizing existing spaces for innovative small businesses contributing to goal EV4. If approved, the CUP would expand the uses present on the subject site in support of goals MG1 and MG2. And for finding C2, the health club fitness use is compatible in use in architectural landscape design with other surrounding indust industrial uses located in the area. And there are a mix of uses to the north, south, east, and west such as a casino, retail, and wholesale sales, industrial, and an overflow parking lot. subject sites located west of Rock South Rock Boulevard and south of Freeport and

is developed with the three buildings used for various industrial and commercial uses. Health club and fitness operations within the industrial uh area require a higher level of review and consideration through the cup process. While such uses are not always compatible with by right uses, the off hours nature of this business will integrate well with the existing and permitted use of adjacent properties because the impacts associated with the proposed operation will occur in the mornings and evenings when traditional industrial users are closed. finding C3. Again, natural resources um don't uh city staff does not believe approval of the CUP uh would impair the availability of natural resources. It's an existing uh built site. Finding C4, uh concerned with addressing identified impacts, uh such as landscaping, parking, and lighting. Um, for the landscaping, again, we don't have landscaping on South Rock Boulevard. We're not required to install it uh with this particular request because there's no increase in lot coverage or addition to the building or increase in height. For parking, uh, the proposed use itself will generate the need for 50 parking spaces. The building that the proposed use will occupy has 35 spaces immediately adjacent to it. Total proposed number of spaces which the proposed use has shared access to across the entire shared parcel is 87 which exceeds the parking requirements within sparks municipal. Um as an additional measure to ensure the proposed use does not create problems associated with excessive parking demand in the northern portion of the parcel. Staff is

proposing, as previously stated in the analysis, limited hours of operation in condition number six to reduce the likelihood that parking demand for that um facility will interrupt the normal operations of other businesses and traffic. Um applicant did provide a trip generation letter analyzing trips for the proposed uh health fitness club use and based on the IT trip generation uh manual. The trip generation letter estimates the use will generate 10 a.m. peak hour trips, 26 PM pe uh peak hour trips and 180 average daily trips and finds that these trips will not negatively impact local traffic operations. Rock Boulevard is in arterial and can accommodate the increased trips without requiring off-site improvements to the roadway. And hours of operation uh as identified in the analysis section uh limiting hours of operation during the weekdays will mitigate the likelihood of parking and traffic uh conflicts. And then uh finally for C5, public notice was published in the Reno Gazette Journal and notices were mailed to 67 owners of property within 500 ft of the subject property on April 29th. Planning Commission meeting functions as the public hearing for this item. As of noon today, staff has not received any public comment on this item. So staff does recommend approval of this request. Uh, this concludes my presentation and the applicant is also Thank you, Danny. Commissioners, do we have any questions for staff?

Does the applicant want to add anything? Yes. Come on up. State your name. Josher. You want me to say it or doesn't matter. Um, yeah. So, uh, we initially, um, were notified about the the restricted hours. Um, and we were wondering, I I mean, I don't know where we're at in the process of this, but, um, if we could do because we do semi-private group training, like small group, we do one-on-one training, we do large group. So, as Daniel mentioned, the 20 to one ratio, 20 clients to one coach ratio is for the large group sessions. Um, so as in terms of a business plan, we were we were expecting to restrict that middle of the day to our smaller groups or one-on-one sessions. And that's currently what how we operate. Um, so I don't know if that's right. Traffic. Yeah. Yeah. Our larger groups. Exactly. Yeah. Yeah. And then kind of our smaller, you know, very, you know, two cars, three cars at a time, you know, if there's transition between very minimal um not an issue. And then our landlord and neighbor is uh you know, right here as well. All right. So, just don't leave yet. Commissioners, do we have any questions for the applicant? Yes. way I can speak on the hours of operation. That would be helpful. That would be helpful. Let me ask a question of him first of all. Yeah. And so I I am confused now about the hours of operation. Um and so uh Dany had uh uh stated what I thought was the agreement

and but you're kind of indicating that that that wouldn't work for you. What are you wanting for hours of operation? a restriction of the large group sessions is is okay with us, but um to be completely shut down and not be able to offer What time do you want to open and what time do you want to close? Uh the proposed times that that Danny said. So 5:00 a.m. I mean, we're okay with closing. So are you cuz she's having the middle of the day. That's closed. You're okay with that? We No. No. Okay. That's what we're trying. We would like Yeah, we would like that open to small group. Restrict it to smaller restricted to small groups. Smaller groups. Yes. Okay. Is there a maximum number of people per those groups? Yes. That you could that you would want to accommodate because I think we need to know that so that we can put that in our motion. So we would need to know how many people you would be the maximum number of people that you would have at your business from the hours of 2 to 5. That's I I 10 to two during the business during the business hours of sparks tile and stone so that it does not impact them in their parking or their vendors coming in to get the materials that they need. So I think we need a we need a number. Can I elaborate on that as well? Not yet. Not until public comment. I'll call you up. Then you can elaborate on it and then we'll have some questions for you. Yeah. Yeah. Yeah. So So do you have So do you have a number? Do you have a number? Yeah. Yeah. Yeah. So So our our small group sessions is one coach to up to

five clients. And how many sessions would you be having? That's per hour. Per hour. Per hour. So in that 4hour period of time that's 20. That's 20 people. Yeah. But is that what? Five at a time. Yes. Concerned we are getting creating a project. Yeah. potentially the planning commission could consider we have the option to continue an item uh which potentially allows the applicant to work with staff to provide better analysis to you as opposed to on the fly where they could analyze that uh parking of course we'll still need to consider the public hearing but it gets very difficult where I see this going for a consideration of the planning commission of course it's your perview okay you A more question. Well, yeah, I can understand what what he's saying, but how does that impact an an existing business license or one pending? Yeah, another right Jim, can you answer that? I can't on the fly. I uh Okay, my we can ask Dany for a response, but I believe essentially this was provided to the applicant. the recommendation Tuesday, the recommendation was provided to the planning commission with the analysis that's been provided over the last 64 days. And this is new information, I believe, to staff. Okay. So, maybe let me let go Dy comment. Um, this application already had a time waiver on it so that we could work through some issues. And the applicant has indicated that it it would be financially devastating to continue this

item. Okay. Again, I don't know if that has changed for for this um this gentleman. No. Okay. Um Okay. We could potentially change a condition, the condition of approval that limits the hours. Change the language in that condition. Okay. Bren, is that something? It's the It is the preview of the planning commission. My concern was just the analysis hadn't occurred on that. Okay. Question about the the trip analysis, how that does that. Um, I guess my next question, which maybe is for Danny, how difficult is it for him to amend this later, like getting over the hurdle of getting the approval and everything and then adding this condition later to allow the small classes so that we can get over the big hurdle and then add small classes later once the staff has the time to do the analysis of the trips. has and and we we want to get we want to get to that. It's the the procedure of it restricts us that something that would be for Mr. joiner to answer I think answer that to revisit this later and the the revisiting the particular issue of the 10:00 a.m. to 2:00 p.m. um doing the small classes, would that be just from your perspective, is it better to just get over this hurdle right now and let the staff do the analysis, get approved and then add those classes later? I mean, if we Yeah, if we have to do it that way, that's I mean, that's better

than not doing it today. But I I guess I I'm not unaware of how this works. I don't know if it's like it has to be exactly what? So I have a question. So if we approve it as is, could the condition could this one condition of hours of operation be done under administrative review? There you go. No, it would have to be an amendment to the existing permit. So then he would have to come back to us to amend that. Yeah. But if we approve this as is now it he gets up and running. Yes. And he submits the paperwork the proper paperwork through the process and comes back to us and asks for a c to change the hours of operation. Is that correct? Uh yes through you chair. Uh yes, Commissioner Kramer. It would be an amendment to this conditional use permit. So, Mr. Joiner, do you understand now the process that we're asking? Um, would that be helpful to just go with it as it is and then come back and then come back so you can get Yeah. I guess I'm I'm just kind of confused because Yeah. I mean I when Cindy gets to talk you'll understand there is no conflict. Yeah, well that I mean we're well under that, but the way this is written, the way it's written, we're restricted. We're kind of constricted. That's a question for staff. That's a question for staff. But let's I don't have peak hours. Okay.

We want to let you and we're going to let you answer all these questions. Yeah. So, let's voting on it. I'll close this part right now because I think we're good right here and then I'm going to open it up to public comment and allow Cindy to speak. Okay. Yeah. Thank you. All right. So, this is a public hearing item and the public is allowed to speak on this particular item. Before we hear, we need to and Cindy, you may come up, state your name, and then speak. Yeah. I'm Cindy Thomas. Uh, I'm the owner of Sparks and Stone and those buildings. Um, I was just hit with this today about the hours that they're allowed to be open. I I didn't know that you guys could dictate that. Um, nobody asked me anything about my peak hours, my parking. I don't have peak hours. I have maybe five five cars at at one time. Um, all day long. Um, I have trucks that come in and unload on the south side of my buildings, which doesn't have anything to do with them. I accommodated him because I screened people before I even uh considered them. And they're a small company. They're small entrepreneurs. Um, you know, I'm an advocate of small business and when

this hit me today, when they told me that you guys or I don't know who recommended it, um, that they have restricted hours. I'm I'm just kind of at a loss of words. How can the city do that to any business? I'm a little confused. I I had an auction house. I had a mattress store. I had a mechanic place. I I have done nothing but clean up the neighborhood. And for the city to be able to restrict the hours of business owners is is I'm I'm just kind of mind blown by that. And I'm also confused because nobody asked me when my peak hours are. Nobody asked me, nobody has asked me anything in the city of the business license. Um, I did have a very long conversation. I believe it was with you. And you know, I understand these guys should have done their homework before they applied for this, but you know, hey, I've been there for 17 years. I didn't know anything about tile. I just put in for a business license and I did it. And you know, um, as far as the landscaping, I'm accommodating I'm accommodating everything so that these guys could get their business license. Okay. And I I'm just a little frustrated with the fact that the city can dictate the hours. All right.

We can't talk to her. This is public comment. So, keep it open if there's other comment, too. Yeah. Yeah. So, your time's up and then we'll address it. Okay. Um, anybody else wish to speak on this item? You can come up and state your name. [Music] And you'll have three minutes. Okay. My name is Larry Thomas, married to Cindy. Um, I'm a little frustrated with this whole thing, too. That that whole block up until five, six years ago was a real crap hole. I don't know how to We had the auction house. The city did nothing about it. You come in there at 4:00, customers couldn't back out of the store. Now, over the course of last couple years with, you know, we're able to to to acquire these buildings. I I haven't heard, you know, we don't want any thanks from the city, but that doesn't look like the crap hole it used to. She's improved most of that block. Now, uh, you know, we come up with the landscape thing, which I want to point out real quickly is I'm the one cleaning that up. That has to be really restrictive. Utilities come 8t plus inside the uh property line. So, trees and all this stuff are going to be real. They come gas line comes within 4t from the south side of that landscape area. I just want to throw that in there. But my my uh aggravation too is with you got these guys. Cindy was very she vetted everybody. You got this clean great business. It's not an auto shop place. The garbage that was there before. Don't have the auction place, you know. No thanks asked for, but don't stifle these guys. These are these are good kids and we don't want to handcuff them in any way. So, um, that's pretty much all I got have to say. Again, the the analysis you're talking about wasn't done. No one talked to to myself or

especially Cindy about peak hours. This is something new. We want these kids to come in and hit this as hard as they can. You don't see a lot of that so much. And we don't want their hands tied because somebody thinks there's a peak hours that they never talked to us about. So, yeah, we we want them unrestricted. It's a great clean company and it's great for the neighborhood and we just like to see City Sparks help them out in here. All right. Thank you so much. Thank you. And then when at the end, could you, sir? Larry, when you're done, can you fill one of these out for us, please? Does anybody else from the public want to speak on this particular item? All right, I'll close public comment. Mr. Chairman, if I may, uh, for the record, Scott Kerry, development services manager. um maybe to help the commission with with deliberation on this item and maybe offer up based on the information we heard during during public hearing perhaps um an amendment to it's certainly at the discretion of the planning commission, but you you you could amen amend condition of approval number six to remove the kind of restrictions of the hours of operation between 10 and and two just kind of keep it from open from 5:00 a.m. to 10:00 p.m. Um I would however at kind of the staff level have we looked at this um this application in the industrial area we over the past few years we've received a lot of inquiries and business licenses for these types of uses and the number one issue that comes up every time is this commission is well aware is is parking and so we certainly working with the applicants we want to make want

to ensure that they have success but also to limit the impacts to to surrounding surrounding uses. I think you heard from the from the property owner that they don't share that that concern that that staff initially did. So, just want to offer that for the planning commission's deliberation. Thank you. If if you wish to proceed on this. Yeah. Commissioners, do you have any uh more questions for staff? No, but I have I think I have a comment. I think um I think what happened here and it's unfortunate and and apologies to to the applicant and to the business owner. I think what we've done is we have given them a we've used a blanket so to speak um rule regulation. It's something that we've heard and seen throughout the the industrial area and we've applied it as it were the same thing. And I think one of the things that maybe going forward we need to do is we need to not apply that blanket condition to everybody. Um every business is different. Every area of the industrial area is probably different. They probably have different concerns. Um so I can see I can see where you guys did your job. You were doing your job and you did you did it exemplary. But I think we need to take a step back sometimes and take a look at where we're at and where that business is before we make that blanket condition that one size fits all and one size does not fit all. So I'm a little concerned about what happened here and the lack of communication to the business owner and the property owner. And I think that we need to be a

little bit more careful in not applying a one-sizefits-all rule sometimes. I think we need to just kind of maybe take and I and we're going to be stretched and I know it and I understand it and I appreciate it, but maybe we take just a little bit more time to dig in just a little bit more just so that this does not come back to us and we're sitting here going how are we going to mitigate this? Chair me. Nothing against you guys. You guys did a fabulous job. I just think that it was an it was an oversight. Thanks, Commissioner Kramer. Yes. May I respond? Yes. Um those peak hours, this is all information that was contained within the application. So maybe next time we the applicants need to take a better look at what the applicant application is. Yeah. and and it doesn't fall on our staff 100%. They're you not understanding. It's it's okay to ask questions. It's always okay to ask questions. They're there to make to answer your questions. And they've been really good about answering questions and working with applicants to get to form it so that it's workable for everybody. It's it's a it's a solution that everybody can live with. So, and I take what Scott says and I would be happy to make that motion. Right. Second. All right. So, let's see. All right. So, commissioners, do we have any further discussion on this particular item? We ask a quick question of the owner at this point. Just leave yours up. I can I can I can actually do it. Brandon, can Brandon, can we ask a a

question? Follow question to the owner. If they're the owner. Yeah. Yes. Do I have to You want to come up here? We have a question. Awesome. We can tell the lady mostly. I appreciate you clarifying what the traffic situation is there during the day cuz you know I drive by there a lot but I don't sit there all day long. Um yeah, right. Next time I'm looking for tile. Um but how many employees do you have high five at on site at any time or some of them are out too kind of thing? I have two in the warehouse and three up front. Okay, that is it. That that was my only follow-up question. Almost all of them are related. Awesome. That's it. That that I just Yeah, I just wanted more clarity on like the what sort of trip generation because I can see where staff came from that there were told that these are the peak hours and then they do an analysis based on the information that was given to them. So that's difficult for them and but I appreciate you clarifying that maybe the peak hours don't really reflect what really happens and that maybe your peak hours are early in the morning with materials and you know I I receive shipments all day but mostly on Thursdays and Fridays and they pull in we unload them and they're gone. As far as customers, I get one one I don't know, one to three maybe every hour cuz we do instore design. Yeah. And there's never more than five at one

time unless they're a couple. So So you don't have an issue with with the them open? No. And uh No. 10 to five. No, 10 to 10 or 5 to 10. Okay. I'm a pretty um strict All right. Landlord. Thank you. Yeah. Thank you for clarifying that for me. Commissioners, any more discussion on this? I'd like to offer one thing if it's okay. Yes, please. When the planning commission reviews a conditional use permit, of course, the uh consideration is how to best mitigate the impacts of the potential use. That's what gives you the discretion to condition something such as operation hours on something like this in the industrial area, for example, where uh our patrols are not available in the evening. They can reallocate their resources to other parts of town because there's not 24-hour operations so much in the industrial area. a consideration for you. Another consideration I said one thing but in this one in the same uh when you approve a use for a site with the conditional use permit you are approving that use not necessarily for this applicant for but for any potential applicant that comes behind it that wishes to get a business license for a recreational facility. And so some considerations you may want to contemplate is that what does a future use look like as a recreational facility and the intensifications of that uh that may you may want to restrict or may not. But that is not just an approval for this applicant today. It is an approval essentially into perpetuity as that entitlement stays alive on that property. Yeah. Understood. Thank you Jim. Commissioners, do you have any more comments? Any more

discussion? All right, I'll entertain a motion. Got to make a motion then. Second. Got a Got to let her speak first. You got to let her speak. All right, let's do it. Not coming up. So, let's see. I move to approve the conditional use permit PCN25-00003/CU25-00005 to allow for the establishment of a health/fitness club use at 905 South Rock Boulevard findings C1 through C5 and the facts supporting these findings as set forth in the SA staff report and subject to the 11 conditions of approval except condition six, hours of operation. And removing the the hours of operation shall state 5:00 a.m. to 1000 p.m. with no restrictions. Is that okay? Is that good, Brandon? That okay, Brandon? I think so. You're talking about the the first sentence, the Monday through Saturday, right? Yes, sir. Removing the restriction from 10 to two. Yes, sir. Removing the restriction from 10:00 a.m. to 2:00 p.m. Think that I think that got it. Are we good? Second. We're attempting to capture that motion and put it up on the screen to make sure it's what Commissioner Kramer desires. Okay, perfect. Thank you. Scott, do you want to Yeah. One one one point point point of clarification while

while we're working on getting it up on the on the screen, the um condition number six does include no restrictions of operations on Sunday. That's correct. But we're only talking about the first sentence, Scott. Okay. So you that would remain second. So so the second sentence, no restrictions of two hours of operation. Gotcha. That's what I thought she said. Yeah. Wanted to clarify. Thank you. Thank you, Scott. We're pitching mount visit. Casey, that's perfect. Thank you. Okay, so I'm So here we go. I'm going to do this again. I move to approve the conditional use permit PCN24-00003CU25-00005 to allow for the establishment of a healthfitness club use at 905 South Rock Boulevard based on finding C1 through C5 and the fact supporting these findings as set forth in the SAP staff report and subject to the 11 conditions of approval as listed in the staff report. Amending condition six to remove the 10:00 a.m. to 2 pm restriction. I second. All right, we got a move by Commissioner Kramer, a second by Commissioner Rodriguez Elkins. Commissioners, any more discussion? Thank you guys for Thank you. Thank you for all the

information. All the for all the input. Great community and thank you Danny for all your work. Thank you Danny. All right, let's vote. All right, I see it. All yays. Passes unanimously. Thank you all. Thank you. All right, we'll move on to public hearing item PCN18-000040 PD24-00006. Uh, good evening, chair and members of the planning commission. Uh, for the record, Kobe Galano, planner with the city of Sparks. Before you tonight, we have a request to amend the DeAndre Development Standards Handbook to modify permitted uses within the commercial land use designation to allow indoor animal services and financial institutions in automated teller machines. On this slide, you can see the familiar boundary of the 861 acre Deandria plan development shown in blue. The Deandria Marketplace and Deandria Point commercial shopping centers are shown in red and border the western edge of the of the development. The city council initially adopted the DeAndre development standards handbook in 1998 which established commercial, single family, multifamily, school, park and open space land use categories. Both of the Deandria commercial shopping centers are located adjacent to Vista Boulevard with Deandria Point just north of North Deandria Parkway and DeAndrea Marketplace to the south. These two shopping centers are the only commercial areas within DeAndrea and as such the

additional proposed uses would be limited to these two commercial shopping centers. Immediately surrounding the subject site are single family, multifamily residential and open space. The Deandria Point Shopping Center north of Deandria Parkway was primarily developed through 2004 to 2008 with the remaining parcel being developed last year with the indoor storage facility you see kind of behind the Walgreens there. The Deandria Marketplace Shopping Center um south of Deandria Parkway was developed primarily in 2003. And in 2008, the remaining parcel as a part of the Deandra marketplace was developed with a bank which is still on site today. For some background, in 2007, the city council amended the handbook to allow banks and other similar financial institutions as a permitted use within the Deandria commercial land use designation. This amendment allowed for the construction of that existing bank. Subsequently, in August of 2008, an unrelated handbook amendment was approved by city council to revise language in the fire section of chapter 2 and modify rear yard setbacks for residential land uses. With the recording of that 2008 um handbook amendment, it appears that the bank and similar financial institutions use was inadvertently admitted from the permitted commercial section. Moving into the analysis, the proposed changes to the handbook include updating the handbook's permitted commercial uses as seen in exhibit 3 to allow indoor animal services as permitted by Wright, indoor animal services overnight, subject to review and approval of a conditional use permit by the planning commission and financial institutions and automated teller machines. Expanding the uses permitted in the Deandria General Commercial Land

Use Designation by right or with the CUP is consistent with the uses permitted in the city's C1 zoning district. Indoor animal services and overnight animal services are permitted within the C1 zoning district subject to use regulations outlined in Sparta Municipal Code. The regulations state that animal boarding or daycare is permitted as part of a veterinary clinic only to the extent that it is part of the medical care provided at that facility. And two, outdoor animal exercise or containment areas are limited to 20% of the lot. Shall be located at least 500 ft from any residential zone. Given residential uses are um in close proximity to both of the commercial centers, no outdoor exercise or containment areas are are a part of this request and all operations would be limited to indoors only. Financial institutions and automated teller machines are also permitted uses within the city's C1 zoning district. Given the 2008 amended handbook um inadvertently omitted the approved bank and similar financial institutions use that was approved by the 2007 amendment. This request seeks to clarify that the existing bank within DeAndrea um is a permitted use and was contemplated and approved by the city prior to its construction. Also included in today's request is updates to the handbook's definition section as seen in exhibit 4. The proposed definition for animal services would limit operations to animal hospitals, animal grooming services, veterinarian uses, and animal spas. The definition all require also requires all operations occur entirely indoors and services would be limited to domestic household pets as defined in Spark's municipal code. The proposed definition for overnight animal services would allow operations or the boarding of animals to exceed 17 hours per day, but

maintains those same limitations as the above definition. The 17-hour limitation is consistent with all other commercial uses permitted within the handbook, which all require a conditional use permit in order to operate beyond that 17 hours. The intent behind these definitions is to ensure animal services um any animal service that's proposed on the site will be compatible with the area surrounding the commercial centers which again is primarily residential. That concludes the background and analysis portion of the presentation. An amendment to a plan development has 10 required findings um that the planning commission must make in order to to approve the or recommend approval to the city council of a um handbook amendment for finding PDA, PDB, and PDH. Uh staff believes that allowing the proposed commercial uses will support goal CC1 by fostering greater economic activity within the existing commercial centers and providing new services for residents within and surrounding the plan development. Additionally, staff believes small business owners seeking to operate animal services could use potentially use um the existing tenant spaces found throughout the commercial shopping centers in support of goal EV4. This amendment is intended to allow an expanded number of commercial uses within DeAndrea, the Deandra commercial land use category, in a manner that is consistent with the general allowed uses in the commercial zones throughout the um throughout the city, specifically the neighborhood commercial zoning um and and the original intent of the Deandria plan. and the allowance of these additional commercial uses within the existing shopping centers is not expected to adversely impact the surrounding uses. The proposed amendment supports commercial areas within Deandra by providing new services for local residents both in and surrounding land development. No modifications to land

use or acreage of commercial areas is being proposed. staff does not believe the proposed handbook amendment will adversely impact the surrounding community's ability to enjoy the land of budding or across the street from the commercial centers. And for finding PDC, make sure I was still on that slide. Uh a fiscal analysis was not required with this amendment because there's no proposed changes to the density requirements or land use for finding PD D, E, F, and G. The proposed amendment, if approved, will allow additional commercial uses within the general land use general commercial land use designation of DeAndrea, which staff believes will provide for the mutual benefit or mutual interests of residents, property owners, and the public. This amendment aims to support the existing commercial shopping centers in Deandria that is in a manner which staff believes is consistent with the original intent of the plan. staff believes public ser interest is served by providing local residents with new commercial services um within Deandria Point DeAndrea Marketplace. The proposed changes do not vary the gross acreage of of commercial areas or vary the ratio of residential to non-residential land uses. Additionally, the proposed amendment will not reduce common open space area or change any of the commercial building design standards. And finally, the as proposed, the changes do not benefit any one person and will not allow any and will allow any interested party to pursue development within in accordance with the handbook making finding PDI. And for finding PDJ, public notice was given as required by NRS and SMC on April 29th. A total of 2535 notices were mailed to all owners within the Deandria plan development and within 750 ft of the boundary of that

plan development as well as published in the Reno Gazette Journal. As of noon today, staff has received nine requests for additional information um but has received no public comment in opposition to the request and those um requests for additional information were not supportive nor opposed to the to the proposed amendment. In conclusion, the existing commercial shopping centers were designed to accommodate commercial uses that serve the surrounding community, providing services such as grocery stores, retail uses, restaurants, gas stations, uh mini storage, and fitness centers. staff believes the proposed uses indoor animal services and financial services will provide additional services for the Sparks residents um both in the plan development surrounding in the surrounding area and are appropriate for neighborhood commercial centers. Staff believes that finding PDA and PDJ can be made and recommends that the planning commission forward a recommendation of approval of the proposed amendment to the handbook to the city council. And I also wanted to add that staff does anticipate the first reading um for city council to be held on June 23rd with the second reading to be held on July 14th. And with that, I am available for any questions. All right. Thanks, Colobby. Commissioners, do you have any questions for staff? All right. This is a public hearing item. Does anybody in the public want to comment on this item? The applicant is here as well. Sure. Sorry. Sometimes we ask the applicant to speak first. I was going to offer ready for Italy. Hi. He's ready to go to Italy. Uh Chris Wter for the record. I'm with Kimley Horn, uh civil engineer in the area. And um we came with this request. Uh I'm here representing Kimco, the owner of the uh the commercial area there, um of the entirety of those two

commercial areas. Uh so they were they had a tenant that was interested in uh bringing forth a pet grooming business. And so uh that was the primary intent of having this modification change. We noticed that it wasn't part of the handbook. We did actually a deep dive into any other uses that would be um useful for this area or that already exist. In this case, the bank. Um we weren't the ones who originally wrote the handbook, but we did take a deep dive into code. Um I don't have any issues with what's been proposed. Kobe did a great job and uh staff has been really helpful. So, thank you. All right. Hold on. Yeah. To meers, do we have any questions for the applicant? No. No. Thank you for finding the bank. Yeah. This reopen public comment. Be careful. State your name. My name is Robert Cook, 1989 Corleó Drive. And I just have a question about the significance of the noticed area. It seems to be much much more than Deandria. And if I'm not mistaken, a large portion of that is BLM land or oh the yellow marked areas. Sher, should you conclude public comment? We can respond to that once. Is that all you? Is that your question? Yeah, you just have a question. All right. I'm going to conclude public comment then we'll answer that question for you. You will not. We will. Oh, okay. Yeah. Thank you, Mr. Chair. For the record, Scott Kerry, development services

manager. To answer uh Mr. Cook's question. Um the public hearing notice that was that was provided is for all of the DeAndrea plan development. So that whole the whole yellow areas it includes everything. It is a very large area as Kobe explained in his his findings over 2,000 folks were of all those property owners were um that is all the privately land privately held land area. There's no um area that's covered in this handbook that's owned by the Bure of the Land L land management. Well, there chair uh can I add to the answer chair the the noticing requirements for what this essentially is is a resoning because this is within the parameters of the planned development of Deandrea. So, it requires all uh property owners within the confines of the BA Deandrea boundary. And then because it's a resoning ordinance, it also requires the noticing of all properties within 750 ft of the boundary of DeAndrea, which would include the Bureau of Land Management's land to the east. So that yellow that's being seen is what Jim is alluding to. So it's a requirement. It's a requirement required to notice. That's all it is. All right. Thank you. I'm not sure you Yeah. That's going to happen. We're good. Okay. All right. I'm going to close all that. I'm going to entertain a motion. Mr. Chair, I moved forward to city council a recommendation of approval of the request to amend the final approved plan. changed on me for the DeAndrea plan development to modify permitted commercial uses related to animal services and financial institutions and add definitions for animal services

PCN18-0041/PD24-00006 based on findings PDA through PDJ and the fact supporting those findings as set forth in the stack. All right, I have a move by Commissioner Pritzell, a second by Commissioner Kramer. Do we have any further discussion? I would like to just say it's PCN180040. Oh, did I say 00041? Oh, all right. Sorry. 220 221. Whatever. Whatever works. All right. Whatever. You want me to read it again? No. Oh, let's vote. Let's go. All right. The motion passes unanimously. 78. I'll go a little Thank you. I know, right? Thank you. All right. Thank you. So, we got general business. Is it announcement time? No. Uh, chair. There's no general business items. Um, I don't have any announcements. And then the next item would be public comment. Yes. All right. So, I'm opening it up to general public comment on any item. Does anybody wish to comment? I see none. I close public comment. I also don't have any staff comment. No staff comment. Commissioners, do you have any comments? Nope. Oh, no. Thank you. Meeting adjourned. Wow.