Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, APRIL 4, 2023 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 Tony Odeh Absent: Mercedes Mendive John Lemich Michael Irish City Staff Present: Jan Baum, City Manager Cathy Laughlin, City Planner Bob Thibault, Civil Engineer Jamie Winrod, Fire Marshal Diann Byington, City Clerk Technician II III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments made at this time. V. APPROVAL OF MINUTES A. March 7, 2023 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Vice-Chairman Beck, seconded by Commissioner Odeh to approve the minutes for the March 7, 2023 regular meeting. The motion passed unanimously. (4-0) B. March 21, 2023 - Special Meeting - FOR POSSIBLE ACTION April 4, 2023 City of Elko Planning Commission Meeting Minutes Page 1 of 6  ** A motion was made by Vice-Chairman Beck, seconded by Secretary Kamps to approve the minutes for the March 21, 2023 special meeting. The motion passed unanimously. (4-0) VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible recommendation to City Council for Rezone No. 3-22, filed by Atlas Towing and Recovery, for a change in zoning from C (General Commercial) to GI (General Industrial) Zoning District, approximately 0.621 acres of property, to allow for an industrial land use, and matters related thereto. FOR POSSIBLE ACTION The existing parcel is owned by Union Pacific and has dual zoning on the parcel. The proposed zone amendment would eliminate the dual zoning on the parcel and bring the parcel into conformance with the current land use. Cathy Laughlin, City Planner, stated the property is dual-zoned Commercial (C) and General Industrial (GI), due to a section line running through it. The property is owned by the railroad and it has always been an industrial type use. The City received a transfer of business license application. The proposed use did not fit within a C zone, but would fit within a GI zone. It was recommended to the applicant to have the entire parcel rezoned to GI to allow for this type of business and make its zoning consistent with the current land use and surrounding land uses. She then went over the City of Elko Staff Report, dated March 22, 2023, which listed nine findings and recommended approval. Bob Thibault, Civil Engineer, recommended approval as presented. Jaime Winrod, Fire Marshal, had no comments or concerns. Jan Baum, City Manager, had no comments or concerns and recommended approval. ** A motion was made by Commissioner Odeh, seconded by Secretary Kamps to forward a recommendation to City Council to adopt an ordinance which approves Rezone No. 3-22. Commissioner Odeh's findings to support his recommendation were the proposed zone amendment is not in conformance with the Land Use Component of the Master Plan but does not conflict with the goals and objectives of the Master Plan. The proposed zone district is compatible with the Transportation Component of the Master Plan. The proposed zone district is in conformance with wellhead protection plan and the proposed use will be required to be in conformance with the wellhead protection plan. The property is located within the redevelopment area. The zone amendment and variance approval do not conflict with the goals and objectives listed in the Redevelopment Plan. The proposed zone district is in conformance with Elko City Code Section 3-2-4(B) with the approval of Variance 7-22. Approval of Variance 7-22 is required for the property to be in conformance with Section April 4, 2023 City of Elko Planning Commission Meeting Minutes Page 2 of 6  3-2-12 of City Code. The application is in conformance with Elko City Code 3-2-21. The proposed zone district is 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. The motion passed unanimously. (4-0) 2. Review, consideration and possible action on Variance No. 7-22, filed by Atlas Towing & Recovery, for a reduction of the required front yard setback from 10’ to 0’ in an GI (General Industrial) Zoning District and matters related thereto. FOR POSSIBLE ACTION The applicant has applied for a zone amendment on the property to change the dual zoning of C- General Commercial and GI - General Industrial to the entire parcel being zoned GI - General Industrial. The existing structure will therefore not meet the front yard setbacks as stated in the development standards for GI - General Industrial. Ms. Laughlin stated this variance was being heard in conjunction with the zone amendment heard earlier; that the zone amendment along with the variance approval would bring the property into conformance with what it is actually being used for in its current land use. She went over the City of Elko Staff Report dated, March 21, 2023, which listed seven findings and recommended conditional approval with the adoption and recordation of an ordinance approving Rezone 3-22. Mr. Thibault recommended approval as presented. Ms. Winrod had not comments or concerns. Ms. Baum had no comments or changes, and recommended approval. ** A motion was made by Vice-Chairman Beck, seconded by Commissioner Odeh to conditionally approve Variance No. 7-22 for a reduction of the required front yard setback to 0 feet, subject to the condition in the Staff Report dated March 21, 2023, listed as follows: 1. Adoption and recordation of an ordinance approving Rezone 3-22 changing the zoning from C- General Commercial to GI – General Industrial. Commissioner Beck's findings to support his recommendation are the proposed variance approval is not in conformance with the Land Use Component of the Master Plan but does not conflict with the goals and objectives of the Master Plan. The property is located within the redevelopment area. The zone amendment and variance approval do not conflict with the goals and objectives listed in the Redevelopment Plan. Approval of Variance 7-22 will bring the existing property into conformance with Section 3-2-12 of City Code with the approval of zone amendment 3-22. The special circumstance is directly related to the property as it is developed with an existing building, has historically been an industrial use and the parcel is currently dual zoned. The granting of the variance will not result in material damage or prejudice to April 4, 2023 City of Elko Planning Commission Meeting Minutes Page 3 of 6  other properties in the vicinity, nor be detrimental to the public interest, health, safety and general welfare. The granting of the variance is directly related to the zoning of the property and will not impair the intent or purpose of the zoning and will not change the use of the land or zoning classification. The granting of the variance will not impair natural resources. The motion passed unanimously. (4-0) 3. Review, consideration, and possible action on Zoning Ordinance Amendment 1- 22, Ordinance No. 880, an amendment to the City Zoning Ordinance, specifically Title 3, Chapter 2, Section 2 (Definitions) and Title 3, Chapter 3, Section 10 (PC, C Commercial Districts), and matters related thereto. FOR POSSIBLE ACTION At the March 1, 2022 meeting, the Planning Commission took action to initiate an amendment to the City Zoning Ordinance, Sections 3-2-2 and 3-2-10. Ms. Laughlin gave a summary of the proposed changes. In Section 3-2-2, quite a few definitions were added, and in Section 3-2-10, a complete repeal and replace was done because of significant changes and reorganization. Regarding Section 3-2-2, Definitions, 'tiny house' and 'loft' were added due to legislative action. Regarding Section 3-2-10, PC, C Commercial Districts, the intent of the Planned Commercial district was revised for clarity. Additional conditional permitted uses, outdoor storage, and development standards were added under the General Commercial district. Under General Commercial, item 8, Central Business District, language requiring a conditional use permit with a change in ownership for businesses that through light, noise, odors or types and levels of business activity discourage other businesses was added at the recommendation of the police chief to help mitigate nuisances. Chairman Jeff Dalling said he did not agree with item 8, Commercial Business District, particularly letters (b), (c), and (d) under the General Commercial district. He said it was just putting in another hurdle for people to own something. Ms. Laughlin explained that letters (c) and (d) were already in the code. Regarding letter (b), "or change in ownership" was added. She stated conditional use permits (CUP) are transferable for businesses that don't change use and gave an example of tire shop being sold to a new owner and then continues as a tire shop. Conditional use permits help with code enforcement as well. Chairman Dalling asked if "or change in ownership" could be removed. Ms. Laughlin did not agree with getting rid of it because of complaints the City receives for properties that never sit vacant and just change from owner to owner. Chairman Dalling disagreed, stating, we wouldn't know that they're going to run it terribly. It's just more work for them. Vice-Chairman Stefan Beck asked if the City couldn't do anything to correct defects if there was not a change in ownership. April 4, 2023 City of Elko Planning Commission Meeting Minutes Page 4 of 6  Ms. Laughlin stated it is harder for the City to go after a code enforcement violation than a CUP violation. Chairman Dalling did not feel that it was fair to add a CUP to an existing business to add some teeth to go after the new owner. Mr. Thibault, stating he views a CUP like a liquor license. When a bar changes ownership, the Police Department discusses the expectations with the new owner. A CUP on transfer of ownership would allow the Planning Commission to do the same. Chairman Dalling agreed with that, but felt any requirements could be put on a liquor license. Ms. Baum stated every business that would have a CUP wouldn't have a liquor license as well. Ms. Laughlin read out the types of business required to have a CUP in the Central Business District, stating conditions were something above and beyond what the code requires. Commissioner Tony Odeh asked if a business was sold with the same name and same operations would have to get a CUP if it didn't currently have one. Ms. Laughlin responded in the affirmative for any business that required a CUP. Not all businesses are required one. Chairman Dalling asked if other departments had anything to add. Ms. Laughlin responded that all department comments were included in the proposed changes as presented. Chairman Dalling stated he would be okay with approving the item if "and or change in ownership" was struck from number 8(c). He felt that we were making a rule to catch business owners so that the City could punish them. Commissioner Odeh also felt the language was a little bit too strict and expressed concern over the "and other uses determined by the City to have some similar impacts" statement later in the same section. Diann Byington, Clerk Technician, expressed her support for "and or change in ownership", stating without it, old businesses don't have to follow the same rules as new ones. You have to apply all the rules to all the businesses. Vice-Chairman Beck asked if the conditions in a CUP could be modified. Ms. Laughlin confirmed. ** A motion was made by Vice-Chairman Beck, seconded by Commissioner Odeh to forward a recommendation to City Council to adopt an ordinance which approves Zoning Ordinance Amendment 1-22 of the Elko City Code specifically Sections 3-2-2 (Definitions) and April 4, 2023 City of Elko Planning Commission Meeting Minutes Page 5 of 6  3-2-10 (PC, C Commercial Districts), with the following amendment that Section 3-2- 10(B)(8)(c) the words "or change in ownership" are removed. The motion passed. (3-1) Secretary Kamps voted against. VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported that at the March 14th City Council meeting the public improvements for Mountain View subdivision were conditionally approved, the first reading of Ordinance 881, creating a City code for Revocable License Agreements, was conducted, the resolution for Vacation 1-23, filed by the County, was tabled. At the March 28th meeting, the second reading of Ordinance 881 was approved, the resolution and a grant of easement for Vacation 1-23 were both approved, and a resolution to correct a 1999 zoning map error was approved. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported there will be a Redevelopment Advisory Council (RAC) meeting in April. The City received some storefront grant applications that will be ready for consideration by the RAC at that meeting, before being considered by the RDA in May. C. Professional articles, publications, etc. 1. Zoning Bulletins - INFORMATION ONLY - NON-ACTION ITEM VIII. COMMENTS BY THE GENERAL PUBLIC Ms. Laughlin reported there will be training available to the Planning Commissioners soon. 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 Garret Kamps, Secretary April 4, 2023 City of Elko Planning Commission Meeting Minutes Page 6 of 6