Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, MAY 3, 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 Garret Kamps Michael Irish Absent: Gratton Miller Mercedes Mendive John Lemich 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 PUBLIC There were no public comments made at this time. V. APPROVAL OF MINUTES A. April 5, 2022 - Regular Meeting - FOR POSSIBLE ACTION ***Motion: Approve the minutes from the April 5, 2022 regular meeting. Moved by Stefan Beck, Seconded by Michael Irish May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 1 of 10  * Motion passed unanimously. (4-0) VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible recommendation to City Council for Rezone No. 1-22, filed by Legion Construction and Development LLC., for a change in zoning from LI (Light Industrial) to C (General Commercial) Zoning District, approximately 1.765 acres, to allow for a proposed townhome development of the property, and matters related thereto. FOR POSSIBLE ACTION The developer would like to do a townhome subdivision which is allowed in the C- General Commercial zoning district. The existing Light Industrial doesn't allow any residential uses. The zone amendment is in conformance with the Master Plan Land Use designation which is required when it is proposed as part of a subdivision. Cathy Laughlin, City Planner, went over the City of Elko Staff Report dated April 19, 2022. Staff recommended approval with the findings included in the Staff Report. Michele Rambo, Development Manager, had no additional comments. Bob Thibault, Civil Engineer, recommended approval with no additional comments. Jamie Winrod, Fire Marshal, had no comments. Scott Wilkinson, Assistant City Manager, had no comments or concerns. ***Motion: Approve Forward a recommendation to City Council to adopt an Ordinance, which approves Rezone No. 1-22. Commissioner Beck’s findings to support his recommendation were the proposed zone district is in conformance with the Land Use Component of the Master Plan. The proposed zone district is compatible with the Transportation Component of the Master Plan and is consistent with the existing transportation infrastructure. The property is not located within the Redevelopment Area. The proposed zone district and resultant land use is in conformance with City Wellhead Protection Plan. The proposed zone district is in conformance with Elko City Code Section 3-2-4(B). The proposed zone district is in conformance with Elko City Code Section 3-2-10. The application is in conformance with Elko City Code 3-2-21. The proposed zone district is in conformance with Elko City Code Section 3-3-5(A). The proposed zone district is not located in a designated Special Flood Hazard Area (SFHA). The proposed zone district is consistent with surrounding land uses. Development under the proposed zone district 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. May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 2 of 10 Moved by Stefan Beck, Seconded by Garret Kamps * Motion passed unanimously. (4-0) 2. Review, consideration, and possible action on Conditional Use Permit No. 2-22, filed by Legion Construction and Development LLC., which would allow for a townhome development within a C (General Commercial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Within the C - General Commercial zoning district, townhomes are allowed with the approval of a conditional use permit. Ms. Laughlin went over the City of Elko Staff Report dated April 22, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. Ms. Rambo had no additional comments or concerns. Mr. Thibault recommended conditional approval. He mentioned that he had one condition regarding providing an enclosure for the dumpster area, which was included in the Staff Report. Ms. Winrod had no additional comments or concerns. Mr. Wilkinson recommended approval as presented by staff. Commissioner Garret Kamps asked if the reason for the notices were for if any one had any issues with the project they would have an opportunitiy to come to the meeting and speak. Ms. Laughlin said that was correct. She explained that it is an NRS requirment to do public hearing notifications. It is advertised in the newspaper and goes out to the property owners that are adjacent to the property. ***Motion: Approve Conditionally approve Conditional Use Permit No. 2-22 subject to the conditions in the City of Elko Staff Report dated April 22, 2022, listed as follows: 1. The CUP 2-22 shall be personal to the permittee and applicable only to the submitted application conforming to the exhibits as presented. 2. Landscaping shall be installed and not obstruct the view of oncoming traffic at the intersection with Colt Drive. 3. CUP 2-22 to be recorded with the Elko County Recorder within 90 days after commencement of work. 4. The permit shall be personal to the permittee, Legion Construction and Development, LLC and applicable only to the specific use of townhomes 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 May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 3 of 10 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. 5. Guest parking to be for guest vehicles only, no RV parking allowed on site. 6. There shall not be any placement of any mail gang boxes or kiosks in association with this complex placed in the city’s right of way and shall remain internal to the complex 7. The exterior of the building shall be compatible with surrounding areas and shall be similar to what is presented in the application. 8. The common areas are to be landscaped and maintained in an acceptable manner at all times. 9. Zone Change 1-22 to be approved and in effect prior to any construction activity. 10. Colt Drive Townhomes Subdivision TM 1-22 be approved. 11. Dumpster to be located within an enclosure with secured gate. Commissioner Beck’s findings to support his recommendation were the proposed development is in conformance with the Land Use Component of the 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 in in conformance with City Code 3-2-10 Commercial Zoning District and meets the required setbacks as stipulated in 3-2-5(E). The proposed development is in conformance with 3-2-3, 3- 2-4, 3-2-17, 3-2-18, and 3-8 of the Elko City Code. Moved by Stefan Beck, Seconded by Michael Irish. * Motion passed unanimously. (4-0) 3. Review and consideration of Tentative Map 1-22, filed by Legion Construction & Development, LLC for the development of a subdivision entitled Colt Drive Townhomes involving the proposed division of approximately 1.76 acres of property into 19 lots for townhome development and one (1) common lot within the C (General Commercial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located just south of the intersection of Lamoille Highway and Colt Drive. (APN 001-920-077) Ms. Rambo went over the City of Elko Staff Report dated April 15, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. Ms. Laughlin had no additional comments or concerns. Mr. Thibault recommended approval. He mentioned that he had the same comment about the trash enclosure as the previous item, which was listed in the Staff Report. May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 4 of 10 Chairman Jeff Dalling asked if the applicants knew where the trash enclosure was going to be. Ms. Rambo pointed out that it would be at the end of the cul-de-sac. Chairman Dalling said it would be a bit of a walk. Ms. Winrod had no additional comments or concerns. Mr. Wilkinson recommended approval as presented by staff. ***Motion: Approve Forward a recommendation to City Council to conditionally approve Tentative Map No. 1-22 subject to the conditions found in the City of Elko Staff Report dated April 15, 2022, listed as follows: Development Department: 1. Rezone 1-22 to be approved and in place prior to City Council consideration of the Tentative Map. 2. Conditional Use Permit 2-22 to be approved and in place prior to submittal of a Final Map. 3. The subdivider is to comply with all provisions of the NAC and NRS pertaining to the proposed subdivision. 4. Tentative Map approval constitutes authorization for the subdivider to proceed with preparation of the Final Map and associated construction plans. 5. The Tentative Map must be approved by the Nevada Department of Environmental Protection prior to submitting for Final Map approval by the City of Elko. 6. Construction plans must be approved by the Nevada Department of Environmental Protection prior to issuance of a grading permit. 7. Tentative Map approval does not constitute authorization to proceed with site improvements. 8. The applicant must submit an application for Final Map within a period of four (4) years in accordance with NRS.360(1)(a). Approval of the Tentative Map will automatically lapse at that time. 9. A soils report is required with Final Map submittal. 10. A hydrology report is required with Final Map submittal. 11. Final Map construction plans are to comply with Chapter 3-3 of City code. 12. The subdivision design and construction shall comply with Title 9, Chapters 7 and 8 of City code. 13. The Utility Department will issue an Intent to Serve letter upon approval of the Tentative Map by the City Council. 14. Any slopes greater than 3:1 shall be rip-rapped. 15. Provide an enclosure for the dumpster area. Public Works Department: 16. All public improvements to be installed at time of development per Elko city code. See memo from Community Development. May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 5 of 10 Commissioner Beck’s findings to support his recommendation were the proposed subdivision and development is in conformance with both the Land Use and Transportation Components of the Master Plan. The proposed subdivision and development does not conflict with the Airport Master Plan; the City of Elko Development Feasibility, Land Use, Water Infrastructure, Sanitary Sewer Infrastructure, Transportation Infrastructure, and Annexation Potential Report – November 2012; the Wellhead Protection Program; or applicable sections of the Elko City Code. The proposed subdivision complies with Section 3- 3-5(E)(2)(a)-(k) and as required by Section 278.349(3) of the Nevada Revised Statutes. The proposed subdivision complies with all other relevant sections of City Code. The property is not located within the Redevelopment Area. Therefore, there is no conflict with the Redevelopment Plan. Moved by Stefan Beck, Seconded by Garret Kamps * Motion passed unanimously. (4-0) 4. Review, consideration, and possible action on Conditional Use Permit No. 3-22, filed by Dharni Hotels, LLC., which would allow for the development of an apartment building within the C- General Commercial zoning district, and matters related thereto. FOR POSSIBLE ACTION Multi-family residential units within the C- General Commercial zoning district require approval of a conditional use permit. Ms. Laughlin went over the City of Elko Staff Report dated April 18, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. Ms. Rambo had no additional comments or concerns. Mr. Thibault recommended approval with no additional comments or concerns. Ms. Winrod recommneded approval and had no additional comments or concerns. Mr. Wilkinson recommended approval as presented by staff. Commissioner Michael Irish said being that there are two separate uses, hotel as temporary and apartment as permanent; he asked how the applicant forsaw the interaction between the temporary residents and the permanent residents playing out. Jespal Sidu, 1024 Aaron Point Rd, Engineer and Architect for the project, explained that the apartment building was designed where there was a middle hallway. To make sure that unwanted guests are not entering into the building each resident will be provided a keycard to get into the building, so only the people who are living in the apartment building have access into the building. The parking lot is still going to be shared. They cannot close the parking lot, because of fire issues. May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 6 of 10 Commissioner Irish asked during peak times, when the hotel parking is full, how they forsaw that impacting the residents of the apartment building. Mr. Sidu explained that there was enough parking calculated for the hotel and the apartment at full capacity. Commissioner Kamps asked if they intended to have assigned parking spaces for the apartment residents. Mr. Sidu said yes. Mr. Wilkinson thought those were good points that were brought up. He mentioned that if the Planning Commission wanted to add those as conditions, which could be something they could talk about. Controlled access to the permanent residential and assigned parking for those residents. Chairman Dalling saw it being a little bit of a mess. He said he didnt have a good solution to keep it separate. He thought they should keep an eye on it for future projects. Commissioner Irish stated that he had another question regarding lighting. He didnt see a reference for any lighting. Mr. Sidu said they would meet the lighting requirements. He expalined that some of the islands would be changed to accomodate the parking. If there was any additional lighting required they would be more than happy to provide it. Ms. Laughlin explained that when they submit their consturction documetns for review that was one of the things she would look at. Under City Code Section 3-2-17 there is a requirement for all parking lots to have a certain light requirement. Commissioner Irish asked if the requirement changed between residential and commercial uses. Ms. Laughlin explained that the lighting would just required to be shielded, so it’s not going into the apartment windows. Mr. Sidu wanted to clarify one of the conditions regarding the improvement of the road. He asked if they were required to have a half road improvement and not full width. (Yes) Mr. Thibault clarified further that the half road involves the sidewalk, curb and gutter on the one side and a minimum of 30' wide paving. ***Motion: Approve conditionally approves Conditional Use Permit No. 2-22 subject to the conditions in the City of Elko Staff Report dated April 18, 2022, listed as follows: 1. That Conditional Use Permit No. 3-22 shall be personal to the permittee and applicable only to the submitted application conforming to the exhibits as presented. May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 7 of 10  2. The Conditional Use Permit will expire within one (1) year of the date of approval if the Applicant is not actively engaged in developing the property. 3. The complex shall comply with the development standards as outlined in City Code Section 3-2-5(E)6. 4. The public improvements shall be installed, completed, and accepted prior to a certificate of occupancy. 5. That the development shall comply with City Code Section 3-2-17. 6. Exterior lighting for the complex shall be shielded and cutoff with minimal lighting spilling over into the neighboring properties. An illumination schedule is required to ensure lighting is adequate for safety with minimal impact to adjacent properties. 7. There shall not be any placement of any mail gang boxes, kiosks or signage in association with this complex placed in the city’s right of way and shall remain internal to the complex. 8. The common area to be landscaped with a combination of trees and shrubs and shall be maintained by the property owner. A Landscaping Plan showing locations and quantities of all landscape materials will be submitted and approved during building permit submittal. 9. The property and the buildings to be maintained in an acceptable condition at all times. 10. A Reciprocal Easement Agreement for access and parking be recorded with the Elko County Recorder prior to Certificate of Occupancy. Development Department: 1. Parcel Map to be recorded prior to Certificate of Occupancy. Engineering Department: 1. Full frontage improvements are required along Manzanita Drive, to include, but not necessarily be limited to; curb and gutter, sidewalk, some asphalt, and possibly a water main, and are to be built per the design by High Desert Engineering. Public Works Department: 1. All public improvements to be installed at time of development per Elko City Code. Commissioner Beck’s findings to support his recommendation were the proposed development is in conformance with the Land Use Component of the Master Plan. The proposed development with the recommended conditions 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 in conformance with the Redevelopment Plan. The proposed use is in conformance with City Code 3-2-10(B) General Commercial with the approval of the Conditional Use Permit. The proposed development is in conformance with 3-2-3, 3-2-4, 3-2-17, 3-8, and 3-2-18 of the Elko City Code. Moved by Stefan Beck, Seconded by Michael Irish. * Motion passed unanimously. (4-0) May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 8 of 10 VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported that at the City Council meeting on April 12th they approved an extention to Kelly Buildiners for the Agreement to Install Improvements for the Townhomes of Ruby View Subdivision. They also approved an extention to Koinonia Development for the Agreement to Install Improvements for the Mountain View Townhome Subdivision. It just gives them more time to get the improvements put it. At the April 26th meeting, the City Council approved the 2nd Amendment to Revocable Permit 4-20 for Ygoa, Ltd. for the Star Hotel sidewalk area. They also approved Resolution 11-22 for the Master Plan Amendment, and adopted Resolution 10-22 for the vacation on 7th and Maple Streets. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported that there was a Redevelopment Advisory Council Meeting last week. They reviewed one application for the Storefront Grant and forwarded a recommendation to the Redevelopment Agency for their meeting on May 10th to approve that grant and to keep the remaining funds available on a first come first serve basis. There will be an RDA Meeting on May 10th. There will be four items on the agenda. C. Professional articles, publications, etc. 1. Zoning Bulletin a Zoning Bulletin D. Miscellaneous Elko County E. Training 1. 2022 Rural Planning Conference Save the Date Ms. Laughlin reminded the Commissioners of the Rural Planning Conference in August. The City will pay for anyone who would like to attend. VIII. COMMENTS BY THE GENERAL PUBLIC 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. May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 9 of 10 ADJOURNMENT There being no further business, the meeting was adjourned Jeff Dalling, Chairman Gratton Miller, Secretary May 3, 2022 City of Elko Planning Commission Meeting Minutes Page 10 of 10