Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, NOVEMBER 1, 2022 ELKO CITY HALL, COUNCIL CHAMBERS 1751 COLLEGE AVENUE, ELKO, NV 89801 I. CALL TO ORDER Stefan Beck, Vice Chairman of the City of Elko Planning Commission, called the meeting to order at 5:30 p.m. II. ROLL CALL Present: Stefan Beck Mercedes Mendive John Lemich Garret Kamps Tony Odeh Absent: Jeff Dalling Michael Irish City Staff Present: Cathy Laughlin, City Planner Michele Rambo, Development Manager Jamie Winrod, Fire Marshal 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 at this time. V. APPROVAL OF MINUTES A. October 4, 2022 - Regular Meeting - FOR POSSIBLE ACTION November 1, 2022 City of Elko Planning Commission Meeting Minutes Page 1 of 7 ***Motion: Approve minutes from the October 4, 2022 regular meeting as presented. Moved by Mercedes Mendive, Seconded by Garret Kamps * Motion passed unanimously. (5-0) VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration, and possible action on Conditional Use Permit No. 7-22, filed by Petersen Ventures LLC., on behalf of Ruby View Lodging Associates II, LLC., which would allow for a new 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. Lana Carter, Carter Engineering, stated a traffic study was required as part of the conditional use permit (CUP) application. The traffic study showed that a right in / right out off of Ruby Vista Drive could be done safely. A median curb of 85 feet was added. As a condition, City staff requires the median curb to go all the way to the intersection of Ruby Vista Drive and East Jennings Way. The access point was placed where the traffic engineer dictated that it would need to go in order to have safe traffic movements. She stated the parcel owner also owned the neighboring property, the Marriott. As a condition of the sell, a sound wall as tall as the top of the tunnel entrances is required to be installed at the car wash tunnel entrance and exit, which is 12 feet. She stated access is being determined off of the lowest part of the lot, which means the building will be approximately 8 feet lower than the neighboring property, so a retaining wall is needed. The project proposes an additional amount to the top of the retaining wall in order to get the height that the seller is requiring. She stated there is an existing screen wall between the property and Masters Lane, which will remain. The building elevation will be lower on this side of the property as well, so the existing screen wall will be higher than the sound wall. Chuck Petersen, Express Car Wash, 2395 Khoury Lane, stated the traffic study cost about $7500; the property has not been purchased yet; and that he has an issue with extending the median curb all the way to the intersection, contrary to the recommendation of the professional traffic engineering firm. Regarding lighting, he stated there would be parking lot lights as well as signage that could be put on a timer to dim or shut off. He stated typical hours of operation would be 7:30am or 8am to 7pm or 7:30pm. November 1, 2022 City of Elko Planning Commission Meeting Minutes Page 2 of 7 Vice-Chairman Stefan Beck read two public letters into the record - one from Joseph and Stacey Chantrill and another from Jake & Kirsten Milligan (included in the packet), expressing light, noise, and traffic concerns. Chuck Briggs, 213 Palmers Court, agreed with the traffic study's recommendation of a right in / right out, as well as with the intersection of Ruby Vista Drive and East Jennings Way changing to a four-way stop. He expressed concern over the public making U-turns at Masters Lane as a way to return to the intersection. Mercedes Mendive asked why the blowers were pointed towards the neighborhoods. Jimmy MacPherson, 203 Palmers Court, stated his biggest concerns were traffic and noise from the blowers. Mr. Petersen responded that the traffic flow into the car wash dictates a right in so that cars aren't cutting across cars coming out. He also stated he had talked with the property owners about adding silencers on the vacuums. They insisted on a sound wall. Mr. Briggs suggested extending the sound wall on the exit side of the building. Cathy Laughlin, City Planner, went over the City of Elko Staff Report dated October 14, 2022. Michele Rambo, Development Manager, reviewed the two conditions from Development and Public Works stated in the Staff Report. Regarding the noise reduction equipment condition, staff is willing to modify the condition to state noise reduction equipment to be installed on vehicle drier if the City receives an excessive amount of noise complaints, as she believes the sound wall may alleviate most of the noise problems. Regarding access, Ms. Rambo stated that a reciprocal access requirement was included on the parcel map for this property, so it was anticipated that traffic would go through the parking lot of the hotel. She went on to state that East Jennings Way is a major arterial street, requiring 350 feet between intersections and driveways, which is where the hotel entrance is located; and that Ruby Vista Drive is a minor arterial street, requiring 250 feet, which is where Masters Lane is located. As such, full access from Ruby Vista Drive is not allowed. Regarding the median, Ms. Rambo stated that the traffic study doesn't specify how long the median should be. The Public Works director is requesting the median extend to the intersection due to safety concerns, i.e. U-turns and snow plowing. Ms. Laughlin stated on behalf of Engineering that it had no conditions or concerns. Jamie Winrod, Fire Marshal, had no comments or concerns. Ms. Laughlin stated on behalf of management that the City manager recommended approval of the CUP and the assistant City manager had no comments or concerns. November 1, 2022 City of Elko Planning Commission Meeting Minutes Page 3 of 7 Garret Kamps asked if there was a time frame for when the intersection would turn into a four-way stop. Ms. Rambo estimated within the next two years. Ms. Mendive asked Mr. Petersen when he thought he would break ground on the project. Mr. Petersen responded that it would take two years. Mr. Kamps asked Ms. Rambo about additional right in / right out access points along Ruby Vista Drive. Ms. Rambo responded that the temple has also been required to put a median on one of their accesses, but it would depend on how the rest of the properties develop along that street. Mr. MacPherson expressed concern that there was not a good plan for vehicles needing to get back to the intersection. Tony Odeh asked if a median like the one on Mountain City Highway for left hand turns from Argent Avenue could be considered for this area. Ms. Rambo responded that there was not enough space. Mr. Kamps asked if the City was able to post "No U-Turn" signs. Ms. Rambo responded in the affirmative. Ms. Laughlin stated there were trees along the existing screen wall, which as they grew, would provide additional sound absorption. Ms. Rambo asked Mr. Petersen if he would be agreeable to the Development condtion being changed to include the noise mitigation if the City received excessive complaints. Mr. Petersen confirmed that he would install silencers if there were excessive complaints, but that the sound wall should be sufficient. Ms. Laughlin asked if there would be a digital sign on the exit wall. Mr. Petersen stated he would not install a sign on that wall. Mr. Kamps enquired about light pollution from parking lot lights. Ms. Laughlin responded that the lights would need to be downward and shielded. Additionally, the photometric plans would be reviewed during the building permit process. ***Motion: Conditionally approve Conditional Use Permit No. 7-22 based on the facts, findings and conditions as presented in Staff Report dated October 14, 2022, with additional conditions from the Planning Commission, listed as follows: 1. That Conditional Use Permit No. 7-22 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 7-22 to be recorded with the Elko County Recorder within 90 days after the commencement of the construction of the new building. November 1, 2022 City of Elko Planning Commission Meeting Minutes Page 4 of 7 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). 6. The property, landscaping and buildings to be maintained in an acceptable condition at all times. 7. 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. Development and Public Works Department: 1. Proposed median to be extended to the intersection of E Jennings Way. 2. Noise reduction equipment to be installed on vehicle dryer. Planning Commission: 1. Development & Public Works Department condition (2) “Noise reduction equipment to be installed on vehicle dryer” to only go into effect if there are excessive complaints. 2. Signage shall not be posted on the Exit Tunnel side of the building, facing the neighborhoods. 3. The sound wall will be as high as the top of the Exit Tunnel door. 4. All digital signage to be dimmed at the end of each business day. Commissioner Mendive's findings to support the recommendation are 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 not necessary between this parcel and residential parcels along Masters Lane. Moved by Mercedes Mendive, Seconded by Garret Kamps * Motion passed unanimously. (5-0) B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible action to set regular meeting dates as well as special meeting dates for 2023, and matters related thereto. FOR POSSIBLE ACTION The following dates are the first Tuesday of each month: January 3, 2023 February 7, 2023 November 1, 2022 City of Elko Planning Commission Meeting Minutes Page 5 of 7  March 7, 2023 April 4, 2023 May 2, 2023 June 6, 2023 July 4, 2023 August 1, 2023 September 5, 2023 October 3, 2023 November 7, 2023 December 5, 2023 The first Tuesday in July falls on a holiday. Council Chamber is available Thursday, July 6, 2023, or Friday, July 7, 2023. A decision of the Planning Commission for a Special Meeting date will be required. ***Motion: Move the July 4, 2023 regular Planning Commission meeting to July 6, 2023, all other meetings to remain the first Tuesday of every month. Moved by Garret Kamps, Seconded by Mercedes Mendive * Motion passed unanimously. (5-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported that at the October 11th City Council meeting Revocable Permit No. 5-22 to occupy a portion of East Jennings Way right-of-way adjacent to 2801 Incline Avenue to accommodate landscaping and a monument sign for Zephyr Heights subdivision was approved. At the October 25th City Council meeting, Curb, Gutter and Sidewalk Waiver 2-22 for Vitality Unlimited was approved along Lamoille Highway behind 1342 Southside Drive based on the hardship of NDOT not allowing these improvements along this portion of their right-of-way. Resolution 27-22 to vacate a portion of West Main Street right-of-way abutting APN 001-323-003, owned by Bilbao Family Trust, was approved. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported that a Redevelopment Advisory Council meeting was held last Thursday, October 27th. A Redevelopment Agency meeting is going to be held next Tuesday, November 8th. C. Professional articles, publications, etc. 1. Zoning Bulletin a Zoning Bulletin - INFORMATION ONLY - NON-ACTION ITEM November 1, 2022 City of Elko Planning Commission Meeting Minutes Page 6 of 7  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 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 November 1, 2022 City of Elko Planning Commission Meeting Minutes Page 7 of 7