Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, APRIL 5, 2022 ELKO CITY HALL, COUNCIL CHAMBERS 1751 COLLEGE AVENUE, ELKO NV 89801 I. CALL TO ORDER Jeff Dalling, Chairman of the City of Elko Planning Commission, called the meeting to order at 5:30 p.m. II. ROLL CALL Present: Jeff Dalling Stefan Beck Gratton Miller Mercedes Mendive John Lemich Michael Irish Absent: Garret Kamps City Staff Present: Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Michele Rambo, Development Manager Bob Thibault, Civil Engineer Jamie Winrod, Fire Marshal Shelby Knopp, Administrative Assistant III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL There were no public comments made at this time. V. APPROVAL OF MINUTES A. March 1, 2022 Regular Meeting - FOR POSSIBLE ACTION ***Motion: Approve the March 1, 2022 meeting minutes as presented. Moved by Stefan Beck, Seconded by Gratton Miller April 5, 2022 City of Elko Planning Commission Meeting Minutes Page 1 of 7  * Motion passed unanimously. (6-0) VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration, and possible adoption of Resolution No. 1-22, a resolution by the Elko City Planning Commission, containing amendments to the City of Elko Master Plan, specifically amending the Proposed Future Land Use Plan Atlas Map 8 by: 1) amending the location of proposed future cemeteries; 2) amending the land use designation of APN 001-553-009 located at 1300 Fairway Drive; 3) amending the land use designation of multiple parcels located north of Silver Street and east of 12th Street; 4) and amending the land use designation of several parcels located on W. Idaho Street west of the airport runway, and matters related thereto. FOR POSSIBLE ACTION Planning Commission reviewed and initiated the amendment to the City of Elko Master Plan at its March 1, 2022 meeting. Michele Rambo, Development Manager, explained that this was the second time the Planning Commission was looking at this Master Plan Amendment. She then went over the proposed changes. She said it was a little different from the last time they saw it. The General Industrial had been changed to Business Park Industrial to match with the surrounding area. Cathy Laughlin, City Planner, had nothing to add. Bob Thibault, Civil Engineering, had nothing to add Jamie Winrod, Fire Marshal, had nothing to add. Scott Wilkinson, Assistant City Manager, had no comment. ***Motion: Approve Adopt Resolution 1-22, containing amendments to the City of Elko Master Plan; directing that an attested copy of the foregoing parts, amendments, extensions of and/or additions to the Elko City Master Plan be certified to the City Council; further directing that an attested copy of this Commission’s report on the proposed changes and additions shall be filed with the City Council; and recommending to City Council to adopt said amendments by resolution. Moved by Gratton Miller, Seconded by John Lemich * Motion passed unanimously. (6-0) 2. Review, consideration, and possible action on Conditional Use Permit No. 1-22, filed by Elko Institute for Academic Achievement, which would allow for the April 5, 2022 City of Elko Planning Commission Meeting Minutes Page 2 of 7  development of a new charter school within the PQP Public, Quasi-Public zoning district, and matters related thereto. FOR POSSIBLE ACTION Any establishment of a new principal permitted use within the PQP zoning district requires the approval of a Conditional Use Permit. Lori Lynch, 1031 Railroad St, Suite 1037, explained that the application was submitted as a requirement for the construction for the new facility. A conceptual drawing has been included with the application. They were planning on beginning construction by the end of June. What they are proposing will meet all City requirements. They have gone through the zone change process and changed the zoning to PQP. Ms. Laughlin went over the City of Elko Staff Report dated March 22, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. There was a brief discussion regarding the pick-up lane and traffic. A traffic study had been completed and there was a condition included in the memo allowing for changes to the exhibits in accordance with the traffic study. Ms. Rambo stated that she had a few comments. She said that there would need to be a master plan amendment on this site, which would come on a later amendment. She added that she read through first 10 pages of the traffic study and they were recommending full turning movements and striping. There is an 800' pick up and drop off lane. Staff and the applicant would have a better idea on how the site plans would change after full review of the traffic study. Mr. Thibault went over his conditions that were included in the Staff Report. Ms. Winrod had no comments. Mr. Wilkinson said the traffic study would address any concerns from the City Managers Office. Commissioner Stefan Beck asked what grades were going to be at the school. Ms. Lynch stated that the school would serve Kindergarten through Eigth Grade. Commissioner Gratton Miller asked how many students would be at the school. Ms. Lynch explained that there would be two classrooms for each grade level with a maximum capacity of 396. ***Motion: Approve Conditionally approve Conditional Use Permit No. 1-22 subject to the conditions in the City of Elko Staff Report dated March 22, 2022, listed as follows: 1. The permit is granted to the applicant Elko Institute for Academic Achievement (E.I.A.A.). 2. The exhibits of the approved CUP may be amended and approved administratively based on the outcome of condition #5 traffic study and any changes that result from that study. April 5, 2022 City of Elko Planning Commission Meeting Minutes Page 3 of 7  3. The permit shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. However, the Planning Commission may approve the transfer of the conditional use permit to another owner. Upon issuance of an occupancy permit for the conditional use, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the conditional use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance or special conditions imposed by the permit, as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner. 4. CUP 1-22 to be recorded with the Elko County Recorder within 90 days after the commencement of the construction of the new building. 5. A traffic study is required prior to building and/or grading permit issuance to address the following items. a. Turn movements into and out of the site considering options of right-in and right-out or full movements. b. Multiple points of ingress and egress. c. The need for any street widening and/or striping d. Traffic movements through the surrounding neighborhoods. 6. Sewer infrastructure shall be extended along both frontages unless waived by the City Council. 7. Hydrology Report to be submitted prior to building permit issuance. 8. The project is disturbing more than 1 acre. Per Section 9-7-6(B), prior to issuance of a grading and/or building permit, the following shall be submitted to the Development Department: a. Construction permit submittal checklist; b. Performance standards compliance checklist; c. Copy of a Notice of Intent (NOI) submitted to the Nevada Division of Environmental Protection; d. Proof of acceptance of the NOI by the Nevada Division of Environmental Protection; and e. Copy of the project SWPPP. 9. If approved by utility companies, provide a barrier along the north boundary to prevent cut through traffic along the dirt road, yet maintain access for utility companies to access the utility easement. 10. All parking lot lighting is to be shielded or cut-off design. 11. An illumination schedule is required to ensure lighting is adequate for safety with minimal impact to adjacent properties. 12. All landscaping required by Elko City Code shall be maintained in a manner acceptable to the City of Elko at all times by the property owner. 13. Curb along all frontage must be painted red and properly signed with no parking signs unless otherwise determined by city staff. 14. Any signage must be permitted and comply with Elko City Code 3-9. Illumination may be restricted to hours of operation to protect the abutting residential district. Commissioner Beck’s findings to support his recommendation were the proposed development is not in conformance with the Land Use Component of the Master Plan but does not frustrate the goals and objectives of the Master Plan Land Use Component. The proposed conditions use permit meets Objectives 3 & 8 of the Land Use Component of the April 5, 2022 City of Elko Planning Commission Meeting Minutes Page 4 of 7  Master Plan. The proposed development is in conformance with the existing transportation infrastructure and the Transportation Component of the Master Plan. The site is suitable for the proposed use. The proposed development is in conformance with the City Wellhead Protection Program. The proposed use is consistent with surrounding land uses. The proposed use is in conformance with City Code 3-2-8 PQP, Public-Quasi, Public with the approval of the Conditional Use Permit. Development under the proposed conditional use will not adversely impact natural systems , or public/federal lands such as waterways, wetlands, drainages, floodplains, etc. or pose a danger to human health and safety. The parcel is not located within a designated Special Flood Hazard Area. The proposed development is in conformance with 3-2-3, 3-2-4, 3-2-18, and 3-8 of the Elko City Code. Moved by Stefan Beck, Seconded by John Lemich * Motion passed unanimously. (6-0) B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible recommendation to City Council for Vacation No. 2-22, filed by Gregory M. & Sheila L. Staszak, for the vacation of a portion of 7th Street and Maple Street, consisting of approximately 2,162 square feet, and matters related thereto. FOR POSSIBLE ACTION The applicant has requested this vacation in order to permit an addition to their home and still comply with setback requirements. Gregory Staszak, 1252 7th Street, explained that his house was 1,400 square feet, with 3 bedrooms and 2 bathrooms. He has two kids and a lot of hobbies. He is at the point where he would like to extend his house and increase the living and garage area. Ms. Laughlin went over the City of Elko Staff Report dated March 23, 2022. Staff recommended conditional approval with the conditions and findings listed in the Staff Report. There was discussion regarding where the extra square footage was coming from. It was explained that the access area from the right-of-way would be combined with Mr. Staszaks property. Ms. Rambo had no comments. Mr. Thibault had no additional comments. Ms. Winrod had no comments. Mr. Wilkinson agreed that it was excess right-of-way and recommended approval. ***Motion: Approve Forward a recommendation to City Council to adopt a resolution which conditionally approves Vacation No. 2-22 subject to the conditions and findings listed in the City of Elko Staff Report dated March 23, 2022, listed as follows: April 5, 2022 City of Elko Planning Commission Meeting Minutes Page 5 of 7  1. Approved conditions are to be included in the Resolution. 2. Reserve a public utility easement over the entire area being vacated. 3. The applicant is responsible for all costs associated with the recordation of the vacation. 4. Written response from all non-City utilities is on file with the City of Elko with regard to the vacation in accordance with NRS 278.480(6) before the order is recorded. Commissioner Mendive’s findings to support her recommendation were the proposed vacation is in conformance with the City of Elko Master Plan Land Use Component. The proposed vacation is in conformance with the City of Elko Master Plan Transportation Component. The proposed vacation is in conformance with NRS 278.479 to 278.480, inclusive. The proposed vacation is in conformance with City Code 8-7. Moved by Mercedes Mendive, Seconded by Gratton Miller * Motion passed unanimously. (6-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported that the City Council approved a Revocable Permit to occupy a portion of Jennings Way with a fence and landscaping. They filled the vacancy on the Planning Commission. The City Council also accepted a deed of dedication for a utility easement that was part of a vacation on S 5th St. On March 22nd the City Council accepted a pettion to sell a portion of the Well 38 property. It is being sold to an adjacent property owner as excess property. They also accepted the petition for the vacation that was on tonight's Planning Commission agenda. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported that there would be a RAC meeting this month and an RDA meeting in May. C. Professional articles, publications, etc. 1. Zoning Bulletin a Zoning Bulletins D. Miscellaneous Elko County E. Training Ms. Laughlin reported that the APA conference would be in Elko in August and that she would remind the Commissioners every month. VIII. COMMENTS BY THE GENERAL PUBLIC April 5, 2022 City of Elko Planning Commission Meeting Minutes Page 6 of 7  There were no public comments made at this time. NOTE: The Chairman or Vice Chairman reserves the right to change the order of the agenda and if the agenda is not completed, to recess the meeting and continue on another specified date and time. Additionally, the Planning Commission reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT There being no further business, the meeting was adjourned Jeff Dalling, Chairman Gratton Miller, Secretary April 5, 2022 City of Elko Planning Commission Meeting Minutes Page 7 of 7