Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, AUGUST 2, 2022 ELKO CITY HALL, COUNCIL CHAMBERS, 1751 COLLEGE AVENUE, ELKO, NV 89801 I. CALL TO ORDER II. ROLL CALL Present: Jeff Dalling Stefan Beck Mercedes Mendive Garret Kamps Tony Odeh Absent: John Lemich Michael Irish City Staff Present: Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Michele Rambo, Development Manager Bob Thibault, Civil Engineer Shelby Knopp, Administrative Assistant City Staff Absent: Jamie Winrod, Fire Marshal III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments made at this time. V. APPROVAL OF MINUTES A. July 5, 2022 - Regular Meeting - FOR POSSIBLE ACTION ***Motion: Approve the minutes from the July 5, 2022 meeting as presented. Moved by Stefan Beck, Seconded by Mercedes Mendive * Motion passed unanimously. (5-0) August 2, 2022 City of Elko Planning Commission Meeting Minutes Page 1 of 7 VI. NEW BUSINESS A. PUBLIC HEARING 1. Review and consideration of Tentative Map 4-22, filed by BELDCO, LLC and DBG Investment, Inc. for the development of a subdivision entitled Bergeron Village involving the proposed division of approximately 142.398 acres of property into 97 lots for single-family residential development and six (6) remainder lots within the R (Single Family and Multiple Family Residential) zoning district and R1 (Single-Family Residential) zoning district, and matters related thereto. FOR POSSIBLE ACTION Subject property is located on both sides of E Jennings Way generally between Puccinelli Parkway and Statice Street. (APNs 001, 562-009, 014, and 015) Scott MacRitchie, 1947 Amber Way, explained that the project sits on top of Zephyr Heights. He said that the proposal in front of the Commissioners was a little less than half of total project. He thanked staff for their help. Michele Rambo, Development Manager, went over the City of Elko Staff Report dated July 18, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. Commissioner Stefan Beck asked about the traffic modifications. Ms. Rambo explained that the intersection of Ruby Vista and E. Jennings was recommended to be made a 4-way stop. It is currently a 2-way stop. Cathy Laughlin, City Planner, stated that there were no comments from the Fire Department. Planning provided the Development Department their comments and they were included in the Staff Report. Ms. Laughlin pointed out one minor error on the agenda; the applicant should be listed as DGB Investment, Inc., instead of DBG Investment, Inc. Bob Thibault, Civil Engineer, recommended approval as presented by staff. Scott Wilkinson, Assistant City Manager, recommended approval as presented by staff. Commissioner Garret Kamps mentioned that the lots down at the bottom would have no access from E. Jennings. He asked where they would be accessed. Ms. Rambo pointed out that they would be accessed from the cul-de-sac. Mr. MacRitchie questioned Condition No. 16. He said it should be rip rapped or hydro seeded. August 2, 2022 City of Elko Planning Commission Meeting Minutes Page 2 of 7 Ms. Rambo explained that the applicant has asked that Condition No. 16 be changed to "or otherwise stablized." ***Motion: Forward a recommendation to City Council to conditionally approve. Tentative Map No. 4-22 subject to the conditions found in the City of Elko Staff Report dated July 18, 2022 with a modification to Condition No. 16, listed as follows: Development Department: 1. The associated Rezone 2-22 must be approved and in effect prior to Tentative Map approval by the City Council. 2. The subdivider is to comply with all provisions of the NAC and NRS pertaining to the proposed subdivision. 3. Tentative Map approval constitutes authorization for the subdivider to proceed with preparation of the Final Map and associated construction plans. 4. 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. 5. Construction plans must be approved by the Nevada Department of Environmental Protection prior to issuance of a grading permit. 6. Tentative Map approval does not constitute authorization to proceed with site improvements. 7. 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. 8. A soils report is required with Final Map submittal. 9. A hydrology report is required with Final Map submittal. 10. Final Map construction plans are to comply with Chapter 3-3 of City code. 11. The subdivision design and construction shall comply with Title 9, Chapter 8 of City code. 12. The Utility Department will issue an Intent to Serve letter upon approval of the Tentative Map by the City Council. 13. A modification from standards from 3-3-13(A) be approved by City Council for Lots 15, 32, and 33 to allow for shorter-than-required front lots widths. 14. A modification from standards from 3-3-10(E) be approved by City Council to allow double frontage lots along East Jennings Way. 15. As discussed under Section 3-3-10(E) above, a note shall be added to the Final Map stating that Lots 33-40 shall not have direct access to East Jennings Way. 16. Any slopes greater than 3:1 shall be rip-rapped, or otherwise stabilized, as outlined in the City of Elko BMP Manual. 17. The recommended traffic mitigations outlined in the project traffic study shall be in place prior to acceptance of the public improvements. These include the modification of the intersection of E Jennings Way and Ruby Vista Drive into a four-way stop. 18. The HOA shall be filed with the State of Nevada prior to recordation of the Final Map. 19. Prior to consideration by the City Council, re-label future townhouse lots to remainder lots. 20. Prior to consideration by the City Council, a sewer easement must be in place through Zephyr Heights and out to E Jennings Way. August 2, 2022 City of Elko Planning Commission Meeting Minutes Page 3 of 7 21. Prior to consideration by the City Council, add a temporary cul-de-sac turnaround (96 feet in diameter) at the end of E Jennings Way. Public Works Department: 22. All public improvements to be installed at time of development per Elko city code. See memo from Community Development. If any landscaping is proposed in the ROW, it shall be maintained by the Homeowner’s Association. Commissioner Beck’s findings to support the recommendation were the proposed subdivision is in conformance with both the Land Use and Transportation Components of the Master Plan as previously discussed. 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 – 2012; the Wellhead Protection Program; or applicable sections of the Elko City Code. The property is not located within the Redevelopment Area. Therefore, there is not conflict with the Redevelopment Plan. The proposed subdivision complies with all other relevant sections of City Code with the exception of : - Lots 15, 32, and 33 are located on cul-de-sacs and have short front lot widths. A modification of standards is required to make these lots conform. - Lots 33-40 are designed with double-frontage on East Jennings Way, currently designated as a Minor Arterial Street. The subdivision has been designed so that all lots will front onto interior residential streets, not allowing access to East Jennings Way. Based on the shape and topography of the site, this design promotes the highest and best use of the property. A modification of standards is required to allow these double-frontage lots. Moved by Stefan Beck, Seconded by Mercedes Mendive * Motion passed unanimously. (5-0) 2. Review, consideration and possible recommendation to City Council for Rezone No. 02-22, filed by BELDCO, LLC and DGB Investment, Inc., for a change in zoning from R1 (Single-Family Residential) and R (Single-Family and Multi- Family Residential) to R (Single-Family and Multi-Family Residential) and R1 (Single-Family Residential) Zoning District, approximately 23.87 acres of property, specifically portions of APN 001-562-009, 001-562-014, and 001-562- 015, located generally at the northern terminus of E. Jennings Way, to allow for development of a single family residential subdivision and townhomes, and matters related thereto. FOR POSSIBLE ACTION The developer is proposing a single family residential subdivision as well as some higher density townhomes along E. Jennings Way. The zone amendment would follow the new boundaries of the proposed subdivision and proposed uses. Scott MacRitchie explained that there were two issues. When they acquired the property they agreed not to do multi-family in specific areas, but some of the land was designated to allow it. August 2, 2022 City of Elko Planning Commission Meeting Minutes Page 4 of 7 They would just like to clean up. They want to make sure they cannot develop multifamily where they agreed not to, and allow multi-family development in other areas. Ms. Laughlin went over City of Elko Staff Report dated July 12, 2022. Staff recommended approval with the findings listed in the Staff Report. Ms. Rambo had no comments or concerns. Mr. Thibault recommended approval with no additional comments. Ms. Laughlin stated that the Fire Department had no comments or concerns. Mr. Wilkinson recommended approval as presented by staff. ***Motion: Forward a recommendation to the City Council to adopt an Ordinance, which approves Rezone No. 2-22. Commissioner Mendive’s findings to support the recommendation were the proposed zone districts are in conformance with the Land Use Component of the Master Plan. The proposed zone districts are compatible with the Transportation Component of the Master Plan and are consistent with the future transportation infrastructure. The proposed zone districts and resultant land use is in conformance with City Wellhead Protection Plan. The proposed zone districts are in conformance with Elko City Code Section 3-2-4(B). The proposed zone districts are in conformance with Elko City Code Section 3-2-5. The application is in conformance with Elko City Code 3-2-21. The proposed zone districts are not located in a designated Special Flood Hazard Area (SFHA). 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. Moved by Mercedes Mendive, Seconded by Stefan Beck * Motion passed unanimously. (5-0) B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible recommendation to City Council for Vacation No. 4-22, filed by Andrea Landa, as attorney-in-fact for P. Michael Marfisi, for the vacation of the northerly portion of West Main Street, consisting of an area approximately 2,000 sq. ft., and matters related thereto. FOR POSSIBLE ACTION The applicant is requesting a vacation of 10’ of West Main Street right-of-way in order to add additional storage and security to the property by fencing it. City Council accepted the petition for the vacation on June 28, 2022. CL August 2, 2022 City of Elko Planning Commission Meeting Minutes Page 5 of 7 Dan Landa, 1996 Ruby View Drive, explained that he was planning to build a fence at 10 ft. He has a lot of transient issues. He was asking for 10 feet for more storage, a fence, and to secure the property. Ms. Laughlin went over the City of Elko Staff Report dated July 19, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. The Fire Department had no comments. Ms. Rambo had no comments. Mr. Thibault recommended approval as presented by staff. Mr. Wilkinson recommended approval as presented by staff. ***Motion: Forward a recommendation to City Council to adopt a resolution which conditionally approves Vacation No. 4-22 subject to the conditions listed in the City of Elko Staff Report dated July 19, 2022, listed as follows: 1. Approved conditions are to be included in the Resolution. 2. The applicant is responsible for all costs associated with the recordation of the vacation. 3. 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 Beck’s findings to support the recommendation were the proposed vacation is not in conformance with the City of Elko Master Plan Land Use Component, but will not jeopardize the goals and objectives of the Master Plan. The proposed vacation is in conformance with the City of Elko Master Plan Transportation Component. The proposed vacation is in conformance with the City of Elko Redevelopment Plan. The proposed vacation is in conformance with NRS 278.479 to 278.480, inclusive. The proposed vacation is in conformance with City Code and 8-7. Moved by Stefan Beck, Seconded by Mercedes Mendive * Motion passed unanimously. (5-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported that at the City Council meeting on July 12th, they the filled vacancy on the Planning Commission with Tony Odeh. They did the final acceptance of the Townhomes of Ruby View Subdivision. On the 26th, the City Council had the public hearing for Resolution No. 20-22, which was to sell some city owned land by public auction. The auction will be on the August 23rd meeting. It is two city owned parcels on N 5th St. The City Council also approved a revocable permit for landscaping on N. Cedar Street, and a revocable permit for landscaping by the new car wash on Jennings Way. August 2, 2022 City of Elko Planning Commission Meeting Minutes Page 6 of 7  B. Summary of Redevelopment Agency Actions Ms. Laughlin reported that there was a RAC meeting on July 28th. They recommended to the Agency to develop a grant for infrastructure. It would help the downtown business owners with things such as ADA Upgrades, backflow preventers, fire sprinklers, and water connections. That will go to the Agency on August 23rd. C. Professional articles, publications, etc. 1. Zoning Bulletin a Zoning Bulletins - INFORMATION ITEM ONLY - NON ACTION ITEM D. Miscellaneous Elko County E. Training Ms. Laughlin mentioned that if anyone wanted to attend the Rural Planning Conference they would need to let her know as soon as possible. The conference will be held on August 18th & 19th and the conference schedule has been emailed out. VIII. COMMENTS BY THE GENERAL 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 Mercedes Mendive, Secretary August 2, 2022 City of Elko Planning Commission Meeting Minutes Page 7 of 7