Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, MAY 2, 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 Mercedes Mendive John Lemich Tony Odeh Absent: Michael Irish City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Bob Thibault, Civil Engineer James Johnston, Fire Chief Jamie Winrod, Fire Marshal Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments made at this time. V. APPROVAL OF MINUTES A. April 4, 2023 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Odeh, seconded by Secretary Kamps to approve the minutes from the April 4, 2023 regular meeting. The motion passed unanimously. (6-0) May 2, 2023 City of Elko Planning Commission Meeting Minutes Page 1 of 8 VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration, and possible action on Conditional Use Permit No. 1-23, filed by Elko Institute for Academic Achievement, which would allow for a new conditional permitted use within the LI, GI Industrial zoning district, and matters related thereto. FOR POSSIBLE ACTION E.I.A.A. has recently purchased 905 West Main Street. Schools are allowed as conditionally permitted uses in the LI Light Industrial zoning district. They are required the approval of the conditional use permit in order to have the proposed use at that location. Cathy Laughlin, City Planner, went over the City of Elko Staff Report, dated April 24, 2023. Several of the conditions were listed as a result of the traffic study. A section taking into consideration NRS 176A.410 and the proximity of the school to Elko County Jail was included. The report listed eight findings and recommended approval with the listed conditions. Regarding Development's condition #1, Chairman Jeff Dalling asked if staff was recommending a traffic signal. Ms. Laughlin confirmed. Bob Thibault, Civil Engineer, reiterated Engineering's conditions and reasonings and recommended the traffic light option. Jamie Winrod, Fire Marshal, reported the Fire Chief submitted a letter detailing Fire's concerns. Ms. Laughlin interjected that both Fire and Police departments submitted letters. Both provided in the agenda packet. Jan Baum, City Manager, accepted the recommendations of staff. Scott Wilkinson, Assistant City Manager, recommended conditional approval as presented by staff. He stated it was clear the traffic signal would provide the highest level of service at the intersection of West Main Street and Silver Street. He noted it was unclear if there was sufficient road width for the median option. In speaking with the Street Superintendent, there were concerns with the median option in regards to snow removal and road maintenance. Ms. Laughlin stated the Fire and Police department letters expressed concern due to the median continuing through the intersection, where there would be no cross traffic (Main Street to Main Street). Referencing Airgas USA LLC's letter, provided to the Commission by the applicant (see minutes packet), Vice-Chairman Stefan Beck asked if the school would have to pay for the traffic light. Chairman Dalling interjected by summarizing the four letters provided to the Commission by the applicant (see minutes packet) - Gateway RV had no concerns with the school's proposed traffic plan, May 2, 2023 City of Elko Planning Commission Meeting Minutes Page 2 of 8 Bailey Homes, Himiko Sushi & Steakhouse and Airgas USA were against a traffic light, with Bailey Homes and Himiko stating it would be detrimental to their businesses. Ms. Lori Lynch, 1031 Railroad Street, applicant, stated when the school received the Planning Commission agenda with Staff comments and letters of concern they were proactive. The Police Chief's letter included concern for Gateway RV. Gateway RV's letter was in response to the Police Chief's concern. Chairman Dalling compared the charter school to Adobe Middle School. He state Adobe was much larger, but a traffic light was not required at the intersection with Mountain City Highway because it didn't meet traffic counts. He questioned the reasoning behind requiring the charter school to install a light. Commissioner Mercedes Mendive did not agree that a traffic light would be detrimental to businesses in the area, stating it would make it safer and allow people to take notice of what's around. She also expressed concern for the school having to absorb the cost. Ms. Lynch stated the traffic study was conducted according to NDOT methodology. It was done by traffic engineers and then reviewed by NDOT's Traffic Engineering department. They came back with a recommendation that the median would meet the needs of the area. She detailed the school's three traffic patterns in regard to student pick-up/drop-off (see minutes packet). She provided traffic counts of 700 twice a day - 288 cars in the morning, from 7:45 am to 8:10 am, and 400 cars in the afternoon, from 3:15 pm to 3:30 pm, eight months out of the year, which worked out to around 5% impact at that intersection. She would not mind if the school only had to pay their proportionate share for a traffic light, but having to pay for the whole thing would be 10% of their project budget ($8.1 million USDA loan stated later in the meeting). She went on to say there were other no-left turn medians, citing Sage Street and Mountain City Highway. She had also spoken with Fire Chief Johnston yesterday about options for the median - moving the median to Main Street to force a right turn, opening the zigzag, or constructing it in a way that a fire truck would be able to drive over it safely. She also timed a drive from the school to the Idaho Street intersection, which took approximately 1 minute 15 seconds. Mr. Thibault said we have to rely on the experts who provide traffic studies. He also commented that if there was a median a fire truck could drive over, everybody would drive over it. Mr. Wilkinson agreed that we have to rely on the traffic engineers and their recommendations. He stated there were issues at the intersection, but with the increase in traffic by the school the level of service would go to an F. The recommended mitigation methods would maintain an appropriate level of service. In response to Lori's comment about other no-left turn medians, he did not recall any medians blocking an intersection within city limits. He went on to state the City asked for NDOT's input because the traffic flows at this location have the potential to impact their intersection at Silver Street and West Idaho Street due to proximity. The proposed median limits that impact, but compromises public safety response. May 2, 2023 City of Elko Planning Commission Meeting Minutes Page 3 of 8 Commissioner Tony Odeh felt a traffic light would congest the area, preferring the median option. He asked for an example of when public safety would be compromised because of the median. Ms. Laughlin provided an example of if the school was doing a fire drill and the hotel on Idaho Street, down from CVS, had a fire. The fire crew would not be able to make a left onto Silver Street, nor go straight on Main Street through the intersection. Commissioner Mendive interjected, asking if the traffic light at Silver Street and Errecart Boulevard had a No U-Turn sign. James Johnston, Fire Chief and Emergency Manager, added a couple more examples, citing times when his crew would be at the school for various events, or picking up perishable items from nearby Gem State Supply. He said anytime they had to divert from a major artery to get to the rest of the city, was troublesome at best. Commissioner Mendive suggested having an exception for left-hand turns for emergency vehicles. In response to Commissioner Mendive's earlier question about a No U-Turn sign at Silver Street and Errecart Boulevard, Chairman Dalling stated the intersection did not have any No U-Turn signs. Chairman Dalling enquired about the City's Public Works budget, stating nobody should have to put in a traffic light. Commissioner John Lemich asked if there was room for a roundabout. Ms. Laughlin responded that the traffic study looked at a roundabout and determined it would not work well because of vehicle stacking. Mr. Wilkinson recommended sticking with the two traffic report recommendations and not engineering things on the fly in a public meeting. Pedro Ormaza, PO Box 339, liked the idea of a roundabout. Ms. Lynch suggested waiting until the school was operational to find out the actual impact, meet again, and come up with a fix then. Chairman Dalling made note that no one from the public was in attendance to oppose the conditional use permit and that the provided letters were in favor of the development, but opposed to the traffic light. Commissioner Mendive noted the argument for the traffic light was being posed as a totality as opposed to limiting it to the two times a day there would be an influx in traffic. Vice-Chairman Beck asked if they had to make a decision. May 2, 2023 City of Elko Planning Commission Meeting Minutes Page 4 of 8 Ms. Laughlin stated if the Commission disagrees with staff recommendations, they could amend or create their own. Mr. Wilkinson advised against not making a decision but rather to make a recommendation as a condition, whether it be a traffic light, medians, or doing nothing. Vice-Chairman Beck asked how much the median would cost and who would be paying. Mr. Wilkinson responded it would be the charter school and thought it could be designed to probably allow emergency vehicles to cross it. Secretary Garret Kamps asked what level of service the intersection was currently rated. Brent Pace, 3551 South Neff Circle, Mill Creek, Utah, introduced himself as a consultant for the charter school. He referred to the Executive Summary page in the traffic report, Table ES-1, which lists it at a "c" in the AM and an "e" in the PM, on a scale from A to F. The 5-year projection lists it as a "d" in the AM and an "f" in the PM, without the addition of the charter school. He went on to say it took them a long time to come up with traffic counts for charter schools as they are not the same as for public schools. He agreed that there is already something going on at that intersection. Secretary Kamps asked what the level of service meant. Mr. Pace explained it dictated potential wait times, with an A be free flowing traffic whereas an F would probably be something like 60+ second waits. The school looked at level of service, but also at onsite queuing. Onsite queuing for pick-up/drop-off was a much bigger safety concern from the school's perspective than whether a vehicle waits 15, 20, 25 seconds at an intersection. Vice-Chairman Beck asked if the City would be willing to share the cost of the median. Ms. Baum responded it could be proposed to City Council. Chairman Dalling disagreed with waiting for City Council and suggested the median with a stipulation that the school work with the Fire and Police departments to finalize the design. He didn't feel he could support a traffic light and thought it would be fine for traffic to go around on Hot Springs Road. Commissioner Lemich asked who would be responsible for installing a traffic light if the intersection got worse after the median was installed, say in a year's time. Ms. Baum responded that the City would be. Commissioner Lemich enquired about the project timeline. Ms. Lynch responded that the architectural plans were ready to submit to the City this week for building permits, then to issue a notice to proceed no later than mid-June and have the project completed by the first part of February. May 2, 2023 City of Elko Planning Commission Meeting Minutes Page 5 of 8 Secretary Kamps expressed support for the median, stating the odds of removing a light once it was installed would be slim. ** A motion was made by Commissioner Mendive, seconded by Vice-Chairman Beck to conditionally approve Conditional Use Permit No. 1-23 subject to the conditions in the City of Elko Staff Report dated April 24, 2023, as modified by the Planning Commission, listed as follows: 1. The permit is granted to the applicant Elko Institute for Academic Achievement (E.I.A.A.). 2. The permit shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. However, the Planning Commission may approve the transfer of the conditional use permit to another owner. Upon issuance of an occupancy permit for the conditional use, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the conditional use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance or special conditions imposed by the permit, as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner. 3. CUP 1-23 to be recorded with the Elko County Recorder within 90 days after the commencement of the remodel of the existing building. 4. All landscaping required by Elko City Code shall be maintained in a manner acceptable to the City of Elko at all times by the property owner. 5. Any signage must be permitted and comply with Elko City Code 3-9. Illumination may be restricted to hours of operation to protect the abutting residential district. Development Department: 1. Construct traffic mitigation as shown in Exhibit ES-1b found in the traffic study dated March 31, 2023. 2. Restriping of Silver Street to continue to the intersection of Errecart. 3. A "No U Turn" sign shall be installed at the southern end of the median to let southbound drivers know they can't make a U turn. Engineering Department: 1. Include recommended improvements from the traffic study into the proposed site plans. 2. Address NDOT comments and gain NDOT approvals prior to construction. Commissioner Mendive's findings to support the motion were the proposed development is in conformance with the Land Use Component of the Master Plan and does not frustrate the goals and objectives of the Master Plan Land Use Component. The proposed conditional use permit meets Objectives 2, 7 & 8 of 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 proposed use is in conformance with the City Wellhead Protection Program. The proposed use is in conformance with City Code 3-2- 12 LI, GI Industrial Zoning Districts with the approval of the Conditional Use Permit. 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 May 2, 2023 City of Elko Planning Commission Meeting Minutes Page 6 of 8 safety. The parcel is located within a designated Flood Zone X, which has minimal flood hazard. The proposed development is in conformance 3-2-3, 3-2-4, 3-2-17 3-2-18, and 3-8 of the Elko City Code. The motion passed unanimously. (6-0) B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible action to initiate an amendment to the City of Elko Master Plan, specifically Section 4, Parks, Recreation, and Open Space component, and matters related thereto. FOR POSSIBLE ACTION The Parks, Recreation and Open Space section of the Master Plan has not been amended since adoption. Staff has received a proposal from MGB+A Studio to complete the amendment which will include, but not limited to, a community survey, trend analysis and level of service analysis. Ms. Laughlin stated the master plan was adopted in 2011. Several sections have not been amended since, including this one. The City received a proposal from the firm that is also doing the design of the Sports Complex. They will go through every aspect of it - goals and objectives, level of service analysis, field inventory - assessment and analysis, and complete a 2023 trend analysis. Chairman Dalling asked how much the study would be. Ms. Laughlin responded that it would be a little bit less than $40,000. Mr. Wilkinson discussed the amendment in regards to the Sports Complex and stated knowing how many ball fields is a fundamental driver to decisions that are being made right now. Ms. Laughlin stated discussions in regards to amending this section have been going on for the last five years - since City Council took action to convert one of the soccer fields into a dog park. ** A motion was made by Vice-Chairman Beck, seconded by Secretary Kamps to initiate an amendment to the City of Elko Master Plan Parks, Recreation and Open Space Component and direct staff to bring the item back as a resolution and public hearing. The motion passed unanimously. (6-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported that at the April 11th City Council meeting the first reading of Ordinance 882 for Rezone 3-22, filed by Atlas Towing and Recovery, was approved, and Tentative Map 1-23, filed by Ash Street Village, was approved. May 2, 2023 City of Elko Planning Commission Meeting Minutes Page 7 of 8 At the April 25th meeting, the first reading of City Code section 3-2-10, for the commercial zoning district, was tabled, and the second reading of Ordinance 882 was approved. After Ms. Laughlin finished her reports on the RDA, Chairman Dalling asked why City Council tabled the first reading of City Code section 3-2-10. Ms. Laughlin responded that staff would be looking into the legal non-conforming uses and the conditional use permit sub-sections. Chairman Dalling asked if it would come back to the Planning Commission. Ms. Laughlin responded it would only come back if significant changes were made, otherwise it would go back to City Council as a first reading. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported that at last Thursday's RAC meeting, the 2023 submitted storefront grants were reviewed and recommendations for funding were made. An RDA meeting has been scheduled for next Tuesday at 3 p.m. C. Professional articles, publications, etc. Zoning Bulletins - INFORMATION ONLY - NON-ACTION ITEM D. Miscellaneous Elko County E. Training VIII. COMMENTS BY THE GENERAL PUBLIC There were no public comments made at this time. ADJOURNMENT There being no further business, the meeting was adjourned Jeff Dalling, Chairman Garret Kamps, Secretary May 2, 2023 City of Elko Planning Commission Meeting Minutes Page 8 of 8