Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, DECEMBER 6, 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 5:32 p.m. II. ROLL CALL Present: Jeff Dalling Stefan Beck Mercedes Mendive John Lemich Garret Kamps Michael Irish Tony Odeh City Staff Present: Scott Wilkinson, Assistant City Manager 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. November 1, 2022 - Regular Meeting - FOR POSSIBLE ACTION December 6, 2022 City of Elko Planning Commission Meeting Minutes Page 1 of 5 ***Motion: Approve minutes from the November 1, 2022 regular meeting as presented. Moved by Stefan Beck, Seconded by John Lemich * Motion passed unanimously. (7-0) VI. NEW BUSINESS A. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible recommendation to City Council for Vacation No. 6-22 filed by Ken Phillips on behalf of RFMS Inc., vacating a portion of a drainage and utility easement consisting of an area approximately 14,130 sq. ft., and matters related thereto. FOR POSSIBLE ACTION The applicant conducted an ALTA land title survey on the property and it was discovered that a building encroaches upon the existing utility and drainage easement. During the construction of the building, the drainage was re-routed around the building but the easement was never vacated at that time. City Council accepted the petition for the vacation on October 25, 2022. CL Cathy Laughlin, City Planner, stated that during construction of an addition to one of the buildings, a storm drain in the easement was rerouted, but the easement was not vacated. Buildings are not allowed on top of easements, so a new easement, excluding the portion the building sits on top of, is needed. She continued by going over the City of Elko Staff Report dated November 16, 2022, which recommends conditional approval. Michele Rambo, Development Manager, had no comments or concerns. On behalf of Bob Thibault, Civil Engineer, Ms. Laughlin stated he had no comments or concerns nor additional conditions to the ones listed in the Staff Report. 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. 6-22 based on facts, findings and conditions as presented in the staff report dated November 16, 2022, listed as follows: 1. Approved conditions are to be included in the Resolution. 2. The delivery and recordation of a new public utility and drainage easement to the City of Elko prior to recordation of this resolution of vacation. 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. December 6, 2022 City of Elko Planning Commission Meeting Minutes Page 2 of 5 Commissioner Mendives findings to support the recommendation are 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 Stefan Beck * Motion passed unanimously. (7-0) 2. Review, consideration, and possible recommendation to City Council for Vacation No. 7-22, filed by Ash Street Village LLC, for the vacation of the northwesterly portion of Ash Street, consisting of an area approximately 1,725 sq. ft., and matters related thereto. FOR POSSIBLE ACTION The applicant is requesting to vacate 10' of Ash Street to support the development of a new townhome subdivision. City Council accepted the petition for the vacation on November 22, 2022. CL Commissioner Garret Kamps recused himself because he is currently in talks for leasing space with the Fitzgerald Group. Commissioner Michael Irish recused himself because he may have involvement with this project in the future. Cathy Laughlin, City Planner, stated Ash Street was dedicated with an 80 foot wide right of way and that residential street widths are normally 50 to 60 foot wide, so there is an excess right of way. She continued by going over the City of Elko Staff Report dated November 23, 2022, which recommends conditional approval. Michele Rambo, Development Manager, had no comments or concerns. Jamie Winrod, Fire Marshal, had no comments or concerns. On behalf of Bob Thibault, Civil Engineer, Ms. Laughlin stated he had no comments or concerns nor additional conditions to the ones listed in the Staff Report. 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. 7-22 based on facts, findings and conditions as presented in the Staff Report dated November 23, 2022, listed as follows: 1. Approved conditions are to be included in the Resolution. December 6, 2022 City of Elko Planning Commission Meeting Minutes Page 3 of 5 2. Ash St Village LLC shall deliver to the City of Elko a fully executed and recordable grant of easement for public utilities, which easement shall lie within the area to be 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 Beck’s findings to support the recommendation are 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 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 November 8th City Council meeting, Final Map 5-22, filed by Legion Construction and Development, for the Mustang Ridge subdivision was approved. A request from the Veteran's Administration to waive public improvements on the street frontage adjacent to the proposed veteran's cemetery was denied. At the November 22nd City Council meeting, the performance maintenance agreement for the Mustang Ridge subdivision was approved. Both grant of easements from Michael Marfisi and Dan Bilbao were accepted, for the vacations (Vacations 4-22 & 5-22) along West Main Street. An amendment to Elko City Code, Title 3, Chapter 2, Section 12 - Light Industrial, General Industrial Districts was initiated. The petition for Vacation 7-22, filed by Ash Street Village LLC, was accepted. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported that at the November 8th RDA meeting, a partnership was entered into with the Downtown Business Association to light the trees on downtown Idaho Street. The funding approved for Prestige Properties LLC storefront grant application was deobligated. They may reapply when they are ready to do the project. The RDA also authorized staff to look into creating a special improvement district for the next phase of the Downtown Corridor project - Phase 1, Project 4. C. Professional articles, publications, etc. 1. Zoning Bulletin December 6, 2022 City of Elko Planning Commission Meeting Minutes Page 4 of 5  a Zoning Bulletins - INFORMATION ITEM 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 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 December 6, 2022 City of Elko Planning Commission Meeting Minutes Page 5 of 5