City of Reno
Nevada

Staff Report - Planning Commission
4124

Staff Report (For Possible Action): Case No. LDC15-00016 (39 Ventures Materials Processing Facility) This is a request for a special use permits: 1) to resume an abandoned nonconforming use of Outdoor Manufacturing, Processing, Assembly or Fabrication; 2) allow a nonresidential development to be located within 300 feet of residentially zoned property; and 3) to allow the use to operate between the hours of 11:00 p.m. and 6:00 a.m. (24 hours). The ±6.5 acre site is located on the southwest corner of Crystal Park Road and Quilici Ranch Road in the Community Commercial (CC) zone. The site has a Master Plan Land Use designation of Urban Residential/Commercial.

Information

Department:Community Development - Planning & EngineeringSponsors:
Category:SUP (Special Use Permit)Wards:Ward 5

Staff Report Formal Body

Ward #:

5

Case No.:

LDC15-00016 (39 Ventures Materials Processing Facility)

Applicant:

39 Ventures

APN Number:

038-221-07

Request:

This is a request for a special use permits:

1)                 to resume an abandoned nonconforming use of Outdoor Manufacturing, Processing, Assembly or Fabrication;

2)                 allow a nonresidential development to be located within 300 feet of residentially zoned property; and

3)                 to allow the use to operate between the hours of 11:p.m. and 6:00 a.m. (24 hours).

Location:

The ±6.5 acre site is located on the southwest corner of Crystal Park Road and Quilici Ranch Road in the Community Commercial (CC) zone.  The site has a Master Plan Land Use designation of Urban Residential/Commercial.

Proposed Motion:

Based upon compliance with the applicable findings, I move to approve the special use permit, subject to conditions.

 

Recommended Conditions of Approval:

 

All conditions shall be met to the satisfaction of Community Development Department staff, unless otherwise noted.

 

1.                   The project shall comply with all applicable City codes, plans, reports, materials, etc., as submitted.  In the event of a conflict between said plans, reports, materials and City codes, City codes in effect at the time the application is submitted, shall prevail.

2.                   The applicant shall apply for a building permit for phase one of the project within 18 months; phase II of the project within 24 months; and phase III within seven years from the date of final approval, and continuously maintain the validity of those permits, or this approval shall be null and void. Phase I consists of the materials delivery, stockpiling and crushing operation on the south +/- 5 acres of the site, which includes the installation of a truck scale and mobile field office/scale building. Phase II consists of building A (3,000 square foot office, equipment maintenance and care takers building), located to the north of the material processing area. Phase III consists of building B (7,000 square foot office and equipment/vehicle maintenance building), located north of building A. These phases may be combined or constructed out of order provided all necessary improvements associated with the phase, such as landscaping and parking, are provided within the timeframes allowed.

3.                   Prior to issuance of each building permit, the applicant shall attach a copy of the final approval letter.

4.                   The applicant, developer, builder, property or business owner, as applicable, shall continuously maintain a copy of this approval letter on the project site during the construction and operation of the project/business.  The project approval letter shall be posted or readily available upon demand by City staff.

5.                   Materials to be stockpiled and processed shall be limited to asphalt and concrete only. No processing of dirt, organic or hazardous materials are allowed.

6.                   The crusher operations shall be limited to between the hours of 9:00 a.m. to 5:00 p.m. Monday-Friday to minimize any noise impacts on the nearby residential uses. The remainder of project operations (truck deliveries of raw materials, stockpile management and truck pickups of processed materials) will normally operate Monday-Friday between 7:00 a.m. and 5:00 p.m. Limited truck operations may occur outside of the normal days and hours of operation under special circumstances, such as delivery of materials in unusual situations such as freeway construction projects or other public works projects which are constrained under contract for hours of operation.

7.                   At least 24 hours prior to and throughout the duration of any extended truck operational period, the applicant shall post changeable copy signs at the South Verdi Road/I-80 on and off ramps to notify area residents the days and operational hours of the extended truck operations, and maintain the sign throughout each extended truck operational period. This notice shall also be posted on the site project identification sign.

8.              Prior to issuance of a building permit, the applicant shall have plans approved to install two way diagonal slats in the six foot tall chain link fence located along the north and northeast perimeters of the site. The fence slats shall be required to be dark brown, dark green or similar color to blend the fence into the area. The fence shall be placed inside of the project perimeter landscaping located along the north and east sides of the site and extending south along the east side of the site to ±40 feet south of the south access driveway.

 

9.              Prior to the approval of a parcel map or any building permit, the applicant shall demonstrate that the parcels being created can be served by an on-site septic system. 

 

10.              Prior to approval of any permit, the applicant shall demonstrate through design or Geotechnical testing and evaluation that the proposed bioretention basin will drain within seven days. On-site storm water management facilities and appurtenances will be privately owned and maintained.  An overland flow emergency escape route shall be provided for the proposed bioretention basin.

 

11.              Prior to the approval of a permit, the applicant shall demonstrate the proposed storm water collection, conveyance, and discharge facilities mitigate downstream impacts and meet the City’s minimum requirements.

 

12.              All on-site driveways and parking areas shall be paved. The final pavement section shall be determined by the Geotechnical Engineer and approved by the City of Reno Community Development Department. The proposed pavement section of asphalt base or grindings may be approved in areas of limited use.  On-site storage areas, including short term vehicle storage, can utilize a gravel surface. No vehicle maintenance may occur on gravel surfaces.

 

Background: This site has been used for quarry and materials processing since at least the late 1950’s. Exhibit A provides a brief summary of uses on the site since 1957 with accompanying photographs. The most recent materials processing use of the site was approved by the Planning Commission in March of 2009 (LDC09-00052/Temporary Materials Processing) to establish an outdoor materials processing plant and to allow the project to operate between the hours of 11:00 p.m. to 6:00 a.m. (24 hours). The purpose of this use was to provide a site to temporarily stockpile, process and recycle paving materials (crushing/processing concrete and asphalt) removed from the I-80 repaving project between May of 2009 and November of 2011. When that project was approved the site was zoned Industrial (I), which allowed outdoor material processing. Subsequently the site was rezoned to CC as part of the City wide TOD Boundaries and Secondary Corridors zoning map amendment approved by City Council in March of 2014 (LDC14-00022). The previous outdoor processing use on the site ceased operations in 2012.

 

The outdoor materials processing use proposed with this application is not allowed in the CC zone and is, therefore, considered a non conforming use. Since the use ceased operations for more than six months it can only be resumed with approval of a special use permit (SUP) to re-establish a non conforming use [RMC18.08.502(c)]. In addition, the applicant is requesting to allow the facility to operate between 11:00 p.m. and 6:00 a.m. (24 hours), which also requires approval of an SUP [RMC 18.06.405(a)(4) . As proposed, this use will recycle and process (deliver, stockpile, crush and distribute) concrete and asphalt primarily from road re-construction projects. The finished product will be road base for road construction and other new projects and other sources. The residential adjacency SUP is the result of converting the Site Plan Review required for a non residential use located within 300 feet of residentially zoned property to an SUP as allowed in code [RMC 18.06.407(c)(4)]. The other uses (vehicle repair, office, care takers quarters) proposed with this application are allowed in the CC zone, subject to approval of a site plan review. The applicant has chosen convert the site plan review to a special use permit and combine it with the non conforming SUP request.

 

This property is located in the City’s Sphere of Influence and is subject to City planning and building authority. An application to annex the property into the City has been filed and is scheduled to be considered by City Council on November 24, 2014.

 

Analysis:

 

Key Issues:  Noise; heavy truck traffic; 24 hour operations.

 

Land Use Compatibility: Land use surrounding the site consists of an outdoor recreational vehicle/boat storage business and vacant property to the northwest and north, respectively; the Union Pacific Railroad and vacant property to the east across Quilici Ranch Road; vacant property to the south; and a vacant mobile home ±130 feet and a single family residence ±260 feet to the west and southwest, respectively.

 

According to the application, the materials proposed to be processed are limited to asphalt and concrete to be recycled into road base materials. No recycling or processing of dirt, organic materials, hazardous materials, etc., is requested (Condition No. 5).  As proposed, the normal hours of the facility will be Monday through Friday from 7:00 a.m. to 5:00 p.m. This includes the delivery/removal of raw/processed materials and crusher operations. The applicant has requested the facility to operate 24 hours a day under special circumstances primarily to deliver materials in unusual situations such as freeway construction projects or other public works projects which are constrained under contract for hours of operation. As a total percentage (20-30%), the crusher will operate two to four months per year mainly in the fall and winter months to generate and stockpile road base materials for the next spring and summer construction season. Most of the daily activities (70-80%) will consist of delivery and stockpiling of raw materials to be crushed as discussed above; and loading recycled materials for delivery to construction sites. If the crusher is required to operate outside 9:00 a.m. to 5:00 p.m., Monday-Friday, the sound analysis indicates noise generated by the crusher will not exceed the day or night time noise levels in code of 65 decibels (6:00 a.m. to 10:00 p.m.) and 49 decibels (10:00 p.m. to 6:00 a.m.) on any surrounding residential uses (Exhibit B).

 

The site is screened both visually and for sound on three sides (east, south and west) by intervening topography ±10 to 30 feet in height and native vegetation (Exhibit D). The screening was created by previous periodic excavation activities as discussed in the background section of this report. The single family residence to the west is located ±260 from the project property line and ±30 feet below the grade of the site; and is screened both visually and for sound by intervening topography. The nearest residentially zoned property is located ±292 feet to the east on the east side of the railroad tracks. The nearest house on the residentially zoned property is ±515 feet to the southeast and is blocked both visually and for sound by intervening topography of the project site which is ±10 feet above the residential property; and the elevated grade of the railroad tracks which is ±20 higher than the site.

 

To address potential noise impacts on surrounding properties a sound study was prepared to measure both ambient (existing background) noise levels and provide an analysis of the noise levels expected to be generated by the project processing equipment (crusher and associated conveyor belt system), heavy equipment necessary to load and unload the materials, and the noise associated with trucks delivering raw and removing the processed materials. The sound analysis was done measuring the actual equipment this project will use at an existing operation operated by the applicant in Truckee. All crushing and heavy equipment proposed with this application meet the air quality emission and noise standards required in California, which exceed the standards in place in Nevada.

 

Based upon information provided by the applicants noise analysis (Exhibit B), the average sound generated by the materials processing plant at full operations will not exceed 70 decibels (dBA Leq) at the project property line and will not exceed 50 decibels (dBA Leq) at any noise sensitive land use (e.g. residential) (see table 5 and Figures 2 and 3 of Exhibit B). These noise levels are 11 dBA to 15 dBA less than the average measured hourly background noise levels on the surrounding residential uses. Sound generated by the large trucks traveling to/from I-80 and along the surface streets entering/leaving the site is 52 decibels (dBA Ldn) at 50 feet from the trucks (see Table 6 of Exhibit B). To put this into perspective, the average ambient noise levels for the nearest residential use is 62.5 to 64.5 decibels during the day and 61.4 to 64.1 decibels at night (see Table 2 of Exhibit B). In addition, the maximum noise generated by trains on adjacent railroad tracks is in the high 80s to over 100 decibels (see appendix B of Exhibit B). Approximately 30-40 trains pass the site everyday and at all hours. The conclusions of the noise analysis indicate “the project will not result in a significant increase in noise levels and will not result in noise levels which will exceed City of Reno Noise Ordinance standards.” However, staff recommends the crusher operations be limited to between the hours of 9:00 am to 5:00 pm Monday-Friday to minimize any noise impacts on the nearby residential uses. The remainder of project operations (truck deliveries of raw materials, stockpile management and truck pickups of processed materials) will normally operate Monday-Friday between 7 am and 5 pm. Limited truck operations as discussed above may occur outside of the normal days and hours of operation under special circumstances as discussed above (Condition No. 6).

 

In addition noise impacts, an analysis of vibration impacts (see pages 2 and 3 of Exhibit C) generated by the processing and crushing operations indicated “vibration levels from the 39 Ventures operations will not result in any structural damage or human annoyance.”

 

Another potential impact of this project is the average 39 truck trips per day entering/leaving the site and the way they are routed. A truck circulation plan submitted with the application (Exhibit E) indicates trucks associated with this project will not travel through any residential neighborhoods. However, there are two residences, with one each located at the off ramp and on-ramp to I-80, respectively. Trucks delivering materials from the west will be routed such that they will utilize I-80 via the Garson Road/I-80 interchange for all east bound traffic, cross north over the freeway then travel west to the South Verdi Road/I-80 interchange to enter the site. All west bound traffic leaving the site will do the reverse by entering the freeway at the east bound South Verdi/I-80 interchange then travel east to the Garson/l-80 interchange and proceed west back to the California on I-80 (Exhibit E). To alert people in the area when night time truck delivery events will occur, the applicant has agreed to place mobile, changeable copy signs at the South Verdi Road on/off ramps to I-80 at least one day prior to commencement of each such event and to post the same notice on the project identification sign (Condition No. 7). It should be noted that no delivery trucks will be permanently parked on site; and the average annual number of daily truck trips generated between the hours of 11:00 p.m. and 6:00 a.m. would be less than one.

 

As proposed and with recommended conditions the noise, visual and operational characteristics of the project are compatible with surrounding uses. Based on the proposed days and hours of operation hours, truck traffic routing and recommended conditions, the impacts of the project are adequately mitigated (SUP findings a, d, e & f).

 

Urban/Environmental Design: The site is currently rough graded and will require minimal improvements to commence the plant operations including the installation of a truck scale and scale house. The two buildings proposed on the north side of the site will require approximately four to seven feet of fill to raise the pads and parking areas to the level of Quilici Ranch Road.  To address potential water quality issues due to the sites close proximity to the Truckee River and a Truckee Meadows Water Authority hydro canal, code limits storm water discharges to only unpolluted sources; and requires installation of best management practices to control and contain run off from the site. These issues will be addressed during review of the site construction permits.  Dust control will be mitigated with on-site water trucks and by sprayers integrated into the materials crusher. A dust control plan and a permit to construct are required to be approved by the Washoe County District Health Department, prior to operation of this facility.

 

Two new two story buildings are proposed to be constructed on the north side of the site with phases II and III. The first building is ±3,000 square feet in size and will house the main office and equipment maintenance operations on the first floor, with a care takers quarters on the second floor to provide onsite security. The second building is ±7,000 square feet in size and will house offices and maintenance functions for future users. The buildings are metal with pitched roofs. Colors consist of dark brown with red trim. Although the buildings provide some articulation, it is not clear from the elevations provided that the buildings meet the horizontal and vertical articulation requirements in code. Code requires this to be verified with application for a building permit. The buildings are located and screened by intervening topography and distance such that there should be no window placement privacy issues for the residential properties to the west and southeast (SUP finding h). 

 

Landscaping proposed (15%-42,334 square feet including 141 trees) meets the code requirement for this project. The site contains existing trees including several very large evergreen and deciduous trees which by code can be credited up to 30% of the required trees. Including the existing trees and the oversize tree credit, the applicant is required to add 99 new trees to meet code. The new ornamental landscaping will be concentrated along the west, north and east sides, consisting primarily of evergreens with some accent deciduous trees to screen the lower portions of the site. The trees, in conjunction with a six foot tall chain link fence with two way diagonal slats placed behind the landscaping, will provide immediate screening of this portion of the site. The fence slats should be required to be dark brown, dark green or similar color to blend the fence into the area (Condition No. 8). The southern portion of the site is surrounded and screened by existing topography and covered by native vegetation including some evergreen trees, which will not be disturbed.

 

One project identification sign, approximately two feet tall and ±20 feet long, is proposed to be mounted on an antique D-7 bulldozer located in the front yard adjacent to the project entrance on Quilici Ranch Road. Wall signs have not been proposed but are limited by code to one square foot of sign area for each lineal foot of business frontage (300 feet), with a maximum letter height of six feet. Based on the orientation of the buildings, which face east, the potential wall sign area is more than adequate to identify the project buildings and should not adversely impact surrounding properties. Signs will be reviewed for conformance with CC zone standards with the project building permits (SUP finding g).

 

Parking proposed (19 spaces) is more than adequate for the materials processing and Phase II building containing 3,000 square feet. Since the use of the Phase III building containing 7,000 square feet is not yet known, final parking requirements will be determined at review of the building permit to construct that building. There is adequate room on the site to provide required parking. In addition, reciprocal parking and access agreements will be provided when the site is parceled in the future.

 

Special Use Permit to Resume a Non Conforming Use:  A materials processing facility operating 24 hours a day is an appropriate land use for the site based on its location, the historic use of the property and uses surrounding the site. The property was rezoned from Industrial which allowed this use to CC in March of 2014. The property has operated as a quarry or outdoor materials processing facility for approximately 56 years (Exhibit A) when the most recent materials processing facility ceased operations in 2012. An SUP to resume the historic outdoor materials processing use at this location is required because this use is not allowed in the current CC zoning. Approval of this project is consistent with surrounding uses and should have no adverse lighting, traffic, signs, noise or other impacts associated with reestablishment of the outdoor materials processing use (SUP findings a, e, f, g & h) . As discussed above, resumption of this nonconforming use will not damage the character or quality of the neighborhood in which it is located, or hinder the future development of the surrounding properties. The site is located adjacent to the Union Pacific transcontinental railroad line and near I-80 which generate higher ambient noise levels than the proposed facility. The site is properly screened and buffered from surrounding uses. In conjunction with the recommended condition, the applicant will install all improvements necessary to operate the facility, which will be in conformance with the requirements of this title (Nonconforming SUP findings a and b).

 

Public Safety:  Reno Police Department staff had no comments or concerns with this project (SUP finding c).

 

Comments received from Reno Fire Department staff indicated they had no concerns with the proposed project. All future development will be required to comply with the 2012 edition of the International Fire Code as amended and adopted by the City of Reno. Such compliance includes, but is not limited to: fire department access, fire sprinkler systems, fire alarm systems and fire hydrant placement (SUP finding c).

 

On Site Improvements: The property is currently in the Truckee Meadows Water Reclamation Service Area but is not yet served by City of Reno wastewater infrastructure. The current terminus of City of Reno Sanitary Sewer infrastructure is approximately two miles northeast of the property. The request proposes the use of the existing onsite and new septic systems to serve the development. The State Department of Environmental Protection is the approving agency for the use of septic systems for commercial development.  At the time of submission of a parcel map, the applicant will have to demonstrate that the parcels being created can accommodate an on-site septic system (Condition No.9) (SUP finding c). 

 

The Bioretention Basin is designed to retain and infiltrate the 100-year storm event.  It must be demonstrated through design or Geotechnical testing and evaluation that the proposed basins will drain within seven days (Condition No. 10).

 

The portion of the site proposed to be utilized for stockpile and aggregate recycling drains to an existing onsite drop inlet. The stockpile and aggregate recycling operations will be evaluated by City of Reno Environmental Control at the time of a business license and operations will be required to comply with applicable Reno Municipal Code (Condition No.11).

 

Access, Traffic and Circulation:  The site has direct access off of Quilici Ranch Road which is a presumed public road located on private property.  Any proposed access points are required to meet City of Reno access management standards.  Access to and from the site is proposed to be limited to Crystal Park Road and I-80.  Both Crystal Park Road and I-80 are owned and operated by NDOT. NDOT staff reviewed this request and had no comments or conditions related to this project (SUP finding d).

 

All areas utilized for driveways and parking must be paved.  The plans identify an area of compacted aggregate base or asphalt grindings for some areas.  For areas of limited use, this method of surfacing is acceptable.  Use of porous surfaces (grindings, aggregate base) adequately controls wind and water erosion while promoting storm water infiltration.

 

On-site storage areas, including short term vehicle storage, can utilize a gravel surface to control wind and water erosion while promoting storm water infiltration.  No vehicle maintenance may occur on the gravel surfaces (Condition No. 12).

 

Master Plan:  The project zoning is consistent with the Urban Residential/Commercial Master Plan land use on the site. As proposed and with recommended conditions, the project is consistent with the following applicable Master Plan policies: E-26 The City should support…recycling programs; P-1 site access which is safe, convenient and logical with minimal impacts on adjoining roads; CD-6 hours of operation and general activity level sensitive to surrounding uses, particularly residential; and SD-22 require the use of Low Impact Development techniques for managing site storm water run-off (SUP finding b).

 

General Code Compliance:  As proposed and with recommended conditions the project is consistent with applicable code.

 

Phasing: The project is proposed to be constructed in three phases. Phase I consists of the materials delivery, stockpiling and crushing operation on the south ±5 acres of the site, which requires the installation of a truck scale and mobile field office/scale building. These improvements will be installed within 18 months of the project approval. Phase II consists of the building A (3,000 square foot office, equipment maintenance and care takers building), located to the north of the material processing area. A building permit to construct these improvements will be obtained within 24 months of project approval. Phase III consists of building B (7,000 square foot office and equipment/vehicle maintenance building). A building permit to construct these improvements will be obtained within seven years the date of project approval (Condition No. 2). These phases may be combined or constructed out of order provided all necessary improvements, such as landscaping and parking are provided within the time frames allowed.

 

Other Reviewing Bodies

 

Nevada Department of Environmental Protection (NDEP):  During the due diligence process of purchasing the site, contaminated soil was discovered and brought to the attention of NDEP and Washoe County Health Department staff. The type of contamination is identified as total petroleum hydrocarbons consistent with diesel and oil and may affect up to 5,000 cubic yards located on the north side of the area proposed for the materials recycling facility. Since that time the applicant has been working with NDEP staff to identify the extent of the contamination and determine the proper course to remediate the contamination. NDEP staff provided letters dated October 16, 2014 and October 20, 2014 (Exhibits F & G) summarizing the current situation. Attached to the October 16, 2014 letter are Nevada Administrative Code (NAC) sections outlining the process for the applicant to remedy the situation and to close the case. According to the cover letter, NDEP staff is confident the applicant will handle the impacted material in a responsible and safe manner as required by the NAC. NDEP staff has indicated they will attend the Planning Commission meeting to answer questions related to this project

 

Truckee Meadows Water Authority (TMWA): Exhibit H is an email from TMWA staff to the applicant with comments and conditions regarding: access to water for firefighting purposes from their hydro ditch located along the west side of the site; use of spoil material generated from TMWA’s offsite project to be used as fill for this project; and landscaping, dust control and provision of a TMWA access easement through this site to their hydro ditch. TMWA staff has indicated they will attend the Planning Commission meeting to answer questions related to this project.

 

Washoe County Health District (WCDH): The applicant will be required to comply with WCDH regulations related to the design and maintenance of the proposed storm water bio retention basin.

 

Neighborhood Outreach: The applicant notified all of the neighboring property owners located within 750 feet of the site (Exhibit I-list of owners and a map of the area noticed) by passing out flyers describing his project and spoke to several owners who were there when he delivered the flyer. In addition, the applicant held an onsite open house on Thursday, October 23, 2014, which was attended by 18 persons including City Planning staff (Exhibit K). The applicant has provided a key map and pictures of the site as viewed from surrounding properties to show how the site is screened from view of a majority of surrounding properties (Exhibit J).

 

AREA DESCRIPTION

 

Land Use

Master Plan Designation

Zoning

North

Vacant

Parks/Recreation/Open Space

PF

South

Vacant

Parks/Recreation/Open Space

PF

East

Railroad right-of way, One Single Family Residence

Parks/Recreation/Open Space

PF

West

Two Single Family Residences, Outdoor Recreational Vehicle and Boat Storage

Parks/Recreation/Open Space, Urban Residential/Commercial

PF, CC

 

Legal Requirements:

 

RMC 18.06.405(e)(1)               Special Use Permit

RMC 18.06.405(e)(6)              Special Use Permits for Nonconforming Uses

 

Findings:

 

Special Use PermitGeneral special use permit findings.  Except where specifically noted, all special use permit applications shall require that all of the following general findings be met, as applicable.

 

a.              The proposed use is compatible with existing surrounding land uses and development.

 

b.              The project is in substantial conformance with the master plan.

 

c.              There are or will be adequate services and infrastructure to support the proposed development.

 

d.              The proposal adequately mitigates traffic impacts of the project and provides a safe pedestrian environment.

 

e.              The proposed site location and scale, intensity, density, height, layout, setbacks, and architectural and overall design of the development and the uses proposed, is appropriate to the area in which it is located.

 

f.              The project does not create adverse environmental impacts such as smoke, noise, glare, dust, vibrations, fumes, pollution or odor which would be detrimental to, or constitute a nuisance to area properties.

 

g.              Project signage is in character with project architecture and is compatible with or complementary to surrounding uses.

 

h.              The structure has been designed such that the window placement and height do not adversely affect the privacy of existing residential uses.

 

Special Use PermitSpecial use permits for nonconforming uses.  Except as provided in Section 18.08.502, no nonconforming use of land or building shall be enlarged, extended, or changed to a different nonconforming use, unless an application for a special use permit for the enlargement, extension, or change has first been approved in accordance with the general special use permit findings above and the following findings:

a.                  The expansion or change of the nonconforming use will not damage the character or quality of the neighborhood in which it is located, or hinder the future development of the surrounding properties; and

b.              Improvements necessary for the expansion are in conformance with requirements of this title.

 

Staff:  Vern Kloos, AICP, Senior Planner

 

 

 

Meeting History

Nov 5, 2014 6:00 PM Video Reno City Planning Commission Regular

The Commissioners present disclosed that they have visited the site and received emails. Chair Stapleton and Commissioner Weiske also disclosed that they have spoken with the applicant's representative.

Mr. Kloos reviewed information included in the staff report regarding this item. Mr. Kloos stated he received phone calls concerning the hours of operation including associated truck noise. Mr. Kloos also received an email from a property owner in the area indicating that this would take all economic viability from his property. Mr. Kloos stated that the changes to Condition Nos. 2, 5, 7, and 8 requested by the applicant are minor changes and staff is in agreement with the changes.

Tom Gallagher, Summit Engineering, displayed the access plan that was submitted with the application. Mr. Gallagher clarified that this will be a recycling facility and not a pit. Mr. Gallagher also requested changes to the hours of operation as specified in Condition No. 6.

Ryan Kautz spoke about his background and experience and stated they will be adding landscaping for screening and noise on this site.

[The public comment portion of the hearing was opened.]

Chair Stapleton read written comments in opposition of the proposal submitted by the following people: Michael Pierczyk and Steve Marsh.

Chair Stapleton read written comments in favor of the proposal submitted by the following people: Mr. Ruppert; Laura Tadman; Robert Quilici; Marjorie Quilici; Robert Cole; Karen Gates and Beth Kohn-Cole.

Mitch Girlinger, Geo Science Associates, stated he is available to answer any questions about the environmental aspects of the project.

Reed Simmons, Avis and Young, spoke in favor of the project and the property owner.

Carly Borchard expressed concern regarding the 24 hour operation and pointed out that trucks did use the small town road under the previous owner.

Chance Reading spoke in opposition to the proposed project.

James Fernhoff spoke in favor of the proposed project.

[The public comment portion of the hearing was closed.]

Commissioner Taylor asked about noticing to the public when 24 hour operation will be going on. Mr. Kloos stated that portable, changeable signs will be displayed 24 hours in advance and remain posted until the operation is complete. Mr. Gallagher stated they are aware they will need permission in advance of putting signs on NDOT right-of-way.

Commissioner Taylor asked for information about the debris and dust concerns from trucks entering and leaving the site. Mr. Gallagher stated that the whole operation will be constantly watered and debris will be cleaned from the roads.

Commissioner Coffman asked about the site access. Colin Hayes, Summit Engineering, displayed a map showing the access points to the site.

Chair Stapleton asked about roads being designed for truck traffic. Bill Gall, Senior Civil Engineer, stated that all access will be on NDOT controlled roads and that NDOT had no concern with the level and intensity of use. Mr. Gall stated that the Garson Interchange and the roundabout were designed for truck traffic.

Commissioner Coffman asked if it is possible to put up signage at the freeway exits so the drivers don't go through Verdi. Mr. Gallagher responded that would be a possibility and they will make sure the truckers are notified by signage or mandate.

Commissioner Weiske asked for confirmation that the applicant understands that they can lose their Special Use Permit (SUP) and the business can be shut down if they violate the conditions of the SUP. Mr. Kautz stated he is aware of that.

Commissioner Reno asked for information regarding a bike route for the Reno Tahoe link. Mr. Gallagher presented a letter from Janet Phillips, President of Tahoe-Pyramid Bikeway, stating they are okay with the project.

Commissioner Taylor asked for staff's opinion on Condition No. 6 regarding hours of operation. Mr. Kloos stated they are requesting 7 am to 7 pm Monday through Friday for the crusher operations and 24 hour operations only during emergency. Staff believes that is reasonable.

Commissioner Weiske asked how runoff from the site will be maintained and controlled to prevent it from going to the river or the flume. Mr. Gallagher stated it will be channeled into an onsite detention facility.

Commissioner Woosley asked for clarification on the impact this project will have on the Verdi Canal and the Steamboat Ditch. Levi Kleiber, Truckee Meadows Water Authority (TMWA), stated they do not see a negative impact to the River or the Canal.

Commissioner Woosley asked if there are any concerns with the contaminated soils. Alison Oakley, NDEP, stated the contamination is very low level petroleum hydrocarbon contamination soil only and at levels that would not leach into groundwater or into the Canal.

Chair Stapleton asked if there are any permits required by NDEP for this use. Ms. Oakley stated that no permit is required for the contaminated soils, but a Soil Management Plan would be required if any of the contaminated soil is moved.

There was discussion regarding the language used for hours of operation.

[Chair Stapleton called a recess at 9:19 p.m. The meeting was called back to order at 9:28 p.m.]

Mr. Kloos read the following suggested language for Condition No. 6. "Project operations which include truck deliveries of raw materials, stockpile management, truck pickups of processed materials and crusher operations shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. Monday-Friday; and 24 hours a day only during emergencies and when supporting public works projects that are constrained under contract for hours of operation. All other uses allowed by right in the CC (Community Commercial) zone shall be allowed to operate seven days a week between the hours of 6 am and 11 pm."

Commissioner Coffman made a motion, seconded by Commissioner Taylor, based upon compliance with the applicable findings, to recommend the City Council approve the Special Use Permit, subject to conditions, to resume an abandoned non-conforming use of outdoor manufacturing, processing, assembly or fabrication, with the revised conditions as submitted. The motion carried unanimously with seven (7) members present.

RESULT:APPROVED [UNANIMOUS]
MOVER:Doug D. Coffman, Commissioner
SECONDER:Kathleen Taylor, Commissioner
AYES:Kathleen Taylor, Jason Woosley, Doug D. Coffman, Charles Reno, Dagny Stapleton, Kevin Weiske, Paul Olivas