Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, OCTOBER 4, 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 Mercedes Mendive Michael Irish Tony Odeh Absent: John Lemich 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 Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments made at this time. October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 1 of 12  V. APPROVAL OF MINUTES A. September 6, 2022 - Regular Meeting - FOR POSSIBLE ACTION ***Motion: Approve minutes from the September 6, 2022 regular meeting as presented. Moved by Michael Irish, Seconded by Stefan Beck * Motion passed unanimously. (5-0) VI. NEW BUSINESS B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration and possible approval of Final Map No. 5-22, filed by Legion Construction and Development, LLC, for the development of a subdivision entitled Mustang Ridge involving the proposed division of approximately 1.76 acres of property into 19 lots for townhouse development and 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) Michele Rambo, Development Manager, went over the City of Elko Staff Report dated September 16, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. Cathy Laughlin, City Planner, had no comments or concerns. Bob Thibault, Civil Engineer, recommended conditional approval as presented by staff. Jamie Winrod, Fire Marshal, had no comments or concerns. Scott Wilkinson, Assistant City Manager, had no comments or concerns. ***Motion: Forward a recommendation that the City Council accept, on behalf of the public, the parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication; that the final map substantially complies with the tentative map; that the City Council approve the agreement to install improvements in accordance with the approved construction plans that satisfies the requirements of Title 3 Chapter 3, and conditionally approve Final Map 5-22 with findings and conditions listed in the Staff Report dated September 16, 2022, listed as follows: October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 2 of 12  Development Department: 1. The Developer shall execute a Performance and Maintenance Agreement in accordance with Section 3-3-21 of City code. The Performance Agreement shall be secured in accordance with Section 3-3-22 of City code. In conformance with Section 3-3-21 of City code, the public improvements shall be completed within a time of no later than two (2) years of the date of Final Map approval by the City Council unless extended as stipulated in City code. 2. The Performance and Maintenance Agreement shall be approved by the City Council. 3. The Developer shall enter into the Performance and Maintenance Agreement within 30 days of approval of the Final Map by the City Council. 4. The Final Map for Mustang Ridge is approved for 19 residential lots and 1 common lot. 5. The Utility Department will issue a Will Serve Letter for the subdivision upon approval of the Final Map by the City Council. 6. Site disturbance shall not commence prior to approval of the project’s construction plans by the Nevada Department of Environmental Protection. 7. Site disturbance, including clearing and grubbing, shall not commence prior to the issuance of a grading permit by the City of Elko. 8. Construction shall not commence prior to Final Map approval by the City Council and issuance of a will-serve letter by the City of Elko. 9. Conformance with the conditions of approval of the Tentative Map is required. 10. The Owner/Developer is to provide the appropriate contact information for the qualified engineer and engineering firm contracted to oversee the project along with the required inspection and testing necessary to produce an As-Built for submittal to the City of Elko. The Engineer of Record is to ensure all materials meet the latest edition of the Standard Specifications for Public Works. The Engineer of Record is to certify that the project was completed in conformance with the approved plans and specifications. 11. Prior to Final Map recordation, proof is required that the HOA has been filed with the State of Nevada. 12. Prior to City Council consideration, move the City Limits line on the Final Map to the east side of Colt Drive. 13. Prior to City Council consideration, modify the Planning Commission certification on the Final Map to match the standard language provided by the Engineering Department. Engineering Department: 14. Prior to City Council consideration, the following changes are needed: a. Modify note three. The use of the phrase “the parcels” reads as if you are referring to the parcels of this map. No easements should be created on the townhome parcels. b. Provide a note for the “found corner as noted” comment. c. In the Utility Companies jurat, correct the name from Charter Communications to Zito Media. d. Provide stamped and signed closure calculations that have bearings to the second, and include Lot 20. e. Label bearings on the map to the whole second to match the closure calculations. f. Remove the shading and hatching for the asphalt and concrete. g. Size the street names in the vicinity map appropriately. h. Label all lot areas to the nearest whole square foot. October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 3 of 12  i. Label the driveway as “Private” or “Not offered for dedication”. Public Works Department: 15. All public improvements to be constructed per City of Elko code at time of development. Commissioner Odeh's findings to support the recommendation were the Final Map for Mustang Ridge has been presented before expiration of the subdivision proceedings in accordance with NRS 278.360(1)(a)(2) and City code. The Final Map is in conformance with the Tentative Map. The proposed subdivision is in conformance with the Land Use and Transportation Components of the Master Plan. The proposed development conforms with Sections 3-3-9 through 3-3-16 (inclusive). The Subdivider shall be responsible for all required improvements in conformance with Section 3-3-17 of City code. The Subdivider has submitted construction plans in conformance with Section 3-3-18 of City code. The Subdivider has submitted plans to the city and state agencies for review to receive all required permits in accordance with the requirements of Section 3-3-19 of City code. The Subdivider has submitted construction plans which, having been found to be in conformance with Section 3-3-20 of City code, have been approved by City staff. The Subdivider will be required to enter into a Performance Agreement to conform to Section 3-3-21 of City code. The Subdivider will be required to provide a Performance and Maintenance Guarantee as stipulated in the Performance Agreement in conformance with Section 3-3-22 of City code. The proposed development conforms to Sections 3-2-3, 3-2-4, 3-2-10, 3-2-5(G), 3-2-17, and 3-8 of City code. Moved by Tony Odeh, Seconded by Mercedes Mendive * Motion passed unanimously. (5-0) 2. Review, consideration, and possible recommendation to City Council for Vacation No. 5-22, filed by Dan Bilbao, for the vacation of the northerly portion of West Main Street, consisting of an area approximately 1,000 sq. ft., and matters related thereto. FOR POSSIBLE ACTION The applicant was notified of the public hearing for the adjacent property vacation of right-of-way. The applicant would like to vacate 10' of West Main Street equal to the amount that was vacated recently to the adjacent property so property lines align. City Council accepted the petition for the vacation on September 13, 2022. CL Cathy Laughlin, City Planner, went over the City of Elko Staff Report dated September 16, 2022. Staff recommended conditional approval subject to findings of fact and conditions listed in the Staff Report. Michele Rambo, Development Manager, had no comments or concerns. Bob Thibault, Civil Engineer, recommended approval as presented by staff. October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 4 of 12  Jamie Winrod, Fire Marshal, had no comments or concerns. Scott Wilkinson, Assistant City Manager, had no comments or concerns. ***Motion: Forward a recommendation to City Council to adopt a resolution which conditionally approves Vacation No. 5-22 based on facts, findings and conditions as presented in the staff report dated September 16, 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. 4. A public utility easement be granted to the City of Elko over the area being vacated. Commissioner Mendive'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 8-7. Moved by Mercedes Mendive, Seconded by Michael Irish * Motion passed unanimously. (5-0) A. PUBLIC HEARING 1. Review, consideration, and possible action on Conditional Use Permit No. 5-22, filed by Lac La Belle, Inc., which would allow for a commercial development within the C-General Commercial zoning district and abutting a residential zone, and matters related thereto. FOR POSSIBLE ACTION A conditional use permit is required for every new development on a lot or parcel in the C-General Commercial zoning district which abuts a residential zoning district. Mike Lostra, Lostra Engineering, 930 College Avenue, gave a brief overview of the project and stated he was available for questions. Cathy Laughlin, City Planner, went over the City of Elko Staff Report dated September 21, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. Chairman Dalling inquired about the sidewalk on Clarkson Drive. October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 5 of 12  Michelle Rambo, Development Manager, responded that the sidewalk was crumbling in several places. The code gives an allowance for a requirement that it be replaced with new development. Chairman Dalling asked if Staff wants the screen wall at the property line abutting the residential R zone. Ms. Laughlin confirmed. Commissioner Irish asked what type of screen wall Staff is asking for. Ms. Laughlin responded that City code states a screen wall has to block visibility. Vegetation cannot be considered for a screen. Ms. Rambo had no other comments or concerns. Bob Thibault, Civil Engineer, pointed out an abutting RMH zoned property, which is also residential. It is farther away from the proposed building. He recommended approval with no additional conditions. Jamie Winrod, Fire Marshal, had no comments or concerns. Scott Wilkinson, Assistant City Manager, had no comments or concerns. Mr. Lostra asked for some flexibility with the screen wall abutting the RMH zoned property because of the distance away from the proposed building as well as with the screen wall abutting the R zoned property due to elevation change. Chairman Dalling proposed installation of a screen wall between the proposed commercial development and the R zoned properties, but not between the RMH zoned one. ***Motion: Conditionally approve Conditional Use Permit 5-22 based on the facts, findings and conditions as presented in Staff Report dated September 21, 2022, with an additional condition from the Planning Commission, listed as follows: 1. That Conditional Use Permit No. 5-22 shall be personal to the permittee and applicable only to the submitted application conforming to the exhibits as presented. 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. CUP 5-22 to be recorded with the Elko County Recorder within 90 days after the commencement of the construction of the new building. 4. Exterior lighting for the development 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. 5. Landscaping to include a plan showing locations and quantities of all landscape materials will be submitted and approved during building permit submittal to be in conformance with 3-2-10(B)(2). October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 6 of 12  6. The property, landscaping and buildings to be maintained in an acceptable condition at all times. 7. A Reciprocal Access Agreement for access between the two properties be recorded with the Elko County Recorder prior to Certificate of Occupancy. 8. Any signage must be permitted and comply with Elko City Code 3-9. Illumination may be restricted to certain hours of operation to protect the abutting residential district. 9. A screen wall be installed between abutting residential properties and this proposed commercial development. Development and Public Works Department: 1. The existing sidewalk is deteriorated in areas and low where it abuts the curb across almost the entire frontage presenting a tripping hazard. Curb, gutter and sidewalk along Clarkson Drive to be replaced. Planning Commission: 1. Screen wall installed between abutting residential properties zoned R, but not between residential properties zoned RMH, and this proposed commercial development. Commissioner Beck's findings to support the 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 in conformance with City Code 3-2-10 (B) General Commercial with the approval of the Condition 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. The screen wall requirement stated in 3-2-3(J) is necessary between this parcel and residential parcels on Southside Drive. Moved by Stefan Beck, Seconded by Mercedes Mendive * Motion passed unanimously. (5-0) 2. Review, consideration, and possible action on Conditional Use Permit No. 6-22, filed by Legion Construction and Development, LLC, on behalf of Vitality Unlimited, to allow a halfway house within the R (Single-Family and Multiple Family) Zoning District, and matters related thereto. FOR POSSIBLE ACTION A halfway house is allowed within the R- Single-Family Multiple Family Residential zoning district with the approval of a conditional use permit. CL Ester Quilici, CEO of Vitality Unlimited, PO Box 2580, gave a brief presentation of the project. She stated the traffic to and from the property would be limited to one van. Visitors to the residence nor personal vehicles of the residents would be allowed. October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 7 of 12  Karen Cruson, 377 Ashburn Dr., Spring Creek, NV, provided public comment. She stated she owns the dental office next to the property. Her main concern was traffic. She thanked Ms. Quilici for addressing this concern. Cathy Laughlin, City Planner, went over the City of Elko Staff Report dated September 22, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. Michele Rambo, Development Manager, reiterated the Development Department's curb, gutter, and sidewalk installation condition from the Staff Report. She also outlined the process of receiving a waiver for Lamoille Hwy. Bob Thibault, Civil Engineer, read the Engineering Department's conditions from the Staff Report. Conditional approval was recommended. Jamie Winrod, Fire Marshal, had no comments or concerns. Scott Wilkinson, Assistant City Manager, had no comments or concerns. Commissioner Irish inquired about hard surface requirements for the parking area. Ms. Laughlin confirmed various hard surfaces are allowed, including pavers, concrete and asphalt. John Smales, 427 Wong Way, Spring Creek, NV, provided public comment regarding parking requirements. ***Motion: Conditionally approve Conditional Use Permit 6-22 based on facts, findings, and conditions as presented in Staff Report dated September 22, 2022, with an additional condition from the Planning Commission, listed as follows: Planning Department: 1. Conditional Use Permit No. 6-22 shall be personal to the permittee, Vitality Unlimited, and applicable only to the submitted application. 2. The exhibits of the approved CUP may be amended and approved administratively based on the outcome of Engineering conditions and any changes that result from those conditions. 3. CUP is issued for the specific use as a halfway house for a maximum of 10 beds based on the parking provided. 4. 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. 5. CUP 6-22 to be recorded with the Elko County Recorder within 90 days after the commencement of the construction of the new building. 6. The property, landscaping and buildings to be maintained in an acceptable condition at all times. October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 8 of 12  Development Department: 1. Curb, gutter, and sidewalk to be installed along Lamoille Highway unless waived by the City Council through the submittal of a Curb, Gutter and Sidewalk waiver application. Engineering: 1. Verify number of clients. Application says up to 10. Floor plan shows 8 beds. 2. Verify 1 parking stall per bed, currently 9 parking stalls are shown. If garage is intended to serve as parking, remove the parking bumper in front of the garage. 3. ADA access aisle is required to be on the passenger side of the ADA parking stall. 4. Verify a minimum of 4’ wide sidewalks around the columns for the covered patio. Dimension sidewalks. Planning Commission: 1. Recommend City Council support and approve Curb, Gutter and Sidewalk waiver application for curb, gutter and sidewalk installation along Lamoille Highway. Commissioner Mendive's findings to support the 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 in conformance with City Code 3-2-5(E) Residential with the approval of the Conditional Use Permit. The proposed development is in conformance with 3-2-3, 3-2-4, 3-2-17, 3-2-18 and 3-8 of the Elko City Code. 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. Moved by Mercedes Mendive, Seconded by Tony Odeh * Motion passed unanimously. (5-0) 3. Review, consideration, and possible action on Variance No. 3-22, filed by The Igloo, Inc., to allow for a variance from Elko City Code Sections 3-2-17(G) and 3-2-17(H), requirements for Park and Ride Facilities, for APN 001-375-001. and matters related thereto. FOR POSSIBLE ACTION The applicant has recently completed a new parking lot for their expansion of the facility. They would like to lease out half of their new parking lot to a mining company for a park and ride facility. CL Matt Burwell, Igloo Rec. Center, 1515 Silver St., stated the Igloo recently constructed a parking lot with 117 spaces. Based off internal surveys from the last five years that show there has never been more than 60 vehicles parked at the facility at one time, it is proposed that 50 of the parking spaces be used by Kinross for a park and ride facility. October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 9 of 12  Cathy Laughlin, City Planner, went over the City of Elko Staff Report dated September 23, 2022. Staff recommended denial, subject to findings of fact as stated in the Staff Report. Michele Rambo, Development Manager, stated that if the variance was approved, a traffic study would be required as stated in the Staff Report. Recommended denial. Bob Thibault, Civil Engineer, recommended denial as presented by staff. In addition, on the application, 39 gravel parking spaces are mentioned, while only 9 are shown on the Bus Loading Plan beside the Ice Rink. Gravel spaces are not allowed for this type of use. Jamie Winrod, Fire Marshal, had no comments or concerns. Scott Wilkinson, Assistant City Manager, stated the application does not meet all the requirements for granting variance. The code doesn't allow for an independent analysis by a property owner to determine their own parking requirements. In response to various commissioners' questions, Mr. Burwell stated the Igloo owns the parcel adjacent to the parking lot. The park and ride facility would be a short-term, five year lease agreement in which Kinross is willing to pay the entirety in advance. This revenue would allow for expansion of the facility, which in turn would benefit the community. Ms. Laughlin stated that if the variance is denied, the applicant has the right to appeal the decision with City Council or request a rehearing. ***Motion: Deny Variance 3-22. Commissioner Mendive's findings to support the motion were that the proposed use is in conformance with the Land Use Component of the Master Plan as well as the Transportation Component of the Master Plan. The property is located within the redevelopment area and does not conflict with the goals and objectives of the Redevelopment Plan. The proposed use is in conformance with the principal permitted uses listed in Elko City Code 3-2-12. In accordance with Section 3-2-22, the applicant has not demonstrated any special circumstances or features regarding the parcel. In accordance with Section 3-2-22, the applicant has not demonstrated that there is practical difficulties or exceptional undue hardships, which constitutes an abridgment of property right and deprives the property owner of reasonable use of property. In accordance with Section 3-2-22, the applicant has not demonstrated special circumstances or conditions do not apply generally to other properties in the same zoning district. Granting of the variance will result in material damage or prejudice to other properties in the vicinity. Granting of the variance will substantially impair the intent or purpose of the zoning ordinance, specifically Section 3-2-17. Granting of the variance will not impair natural resources. The proposed Park and Ride Facility is not in conformance with Elko City Code 3-2-17. Granting of the variance will create a non- conforming off-street parking requirement for the Recreation Center and Ice Rink which was just permitted with the requirement of 117 off-street parking spaces. Moved by Mercedes Mendive, Seconded by Stefan Beck October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 10 of 12  * Motion passed unanimously. (5-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported that at the September 13th City Council meeting a sewer easement through Zephyr Heights was ratified for Jordanelle Third Mortgage, LLC. Elko County requested that the on-street parking in front of their facility on Idaho Street be removed. Revocable Permit 3-17 that was issued to WANRack, LLC in 2017 was terminated. A Non-Exclusive Franchise Agreement between the City of Elko and WANRack, LLC was issued. A sanitary sewer and water extension for 1302 and 1310 Clarkson Drive was waived. The petition for Vacation 5-22 for Dan Bilbao was accepted. Curb, Gutter and Sidewalk Waiver 1-22 for Tedesco Foundation of Technical Theater Arts for the sidewalk along the north side of Silver Street between 7th Street and 8th Street was denied. The second reading of Ordinance 874 for the rezone of Bergeron Village Subdivision was conducted. At the September 27th City Council meeting the first amendment to install improvements for Phase 2 Unit 2 of Copper Trails was approved. Tentative Map 4-22 for Bergeron Village Subdivision was approved. B. Summary of Redevelopment Agency Actions C. Professional articles, publications, etc. 1. Zoning Bulletin a Zoning Bulletin - INFORMATION ONLY - NON-ACTION ITEM D. Miscellaneous Elko County E. Training VIII. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments made at this time. October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 11 of 12 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 October 4, 2022 City of Elko Planning Commission Meeting Minutes Page 12 of 12