Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, AUGUST 1, 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 Garret Kamps Michael Irish Tony Odeh Absent: Stefan Beck Mercedes Mendive John Lemich City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Bob Thibault, Civil Engineer 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. July 6, 2023 - Special Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Odeh, seconded by Commissioner Irish to approve the minutes from the July 6, 2023 special meeting. The motion passed unanimously. (4-0) August 1, 2023 City of Elko Planning Commission Meeting Minutes Page 1 of 6 VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration, and possible action on Conditional Use Permit No. 3-23, filed by United States of America – Department of Veterans Affairs National Cemetery Administration, which would allow for a national cemetery within a PQP (Public, Quasi-Public) Zoning District, and matters related thereto. FOR POSSIBLE ACTION John Kays, Washington DC, introduced himself as the project manager. Joe Lucht, Anderson Engineering, Minneapolis, MN, introduced himself. Mr. Kays stated Mr. Lucht was the project designer. Fred Wagar introduced himself as the director for the Nevada Department of Veteran Services. Mr. Kays presented the Elko (NV) National Cemetery, Rural Initiative presentation, provided in the agenda packet. This will be the first national cemetery in the state of Nevada. It will be constructed in phases, with the first phase building out 15 years of capacity (approximately 1,000 burials). Burial options will include pre-placed crypts, in-ground cremains, and columbarium niches. The project will be located on a 15 acre parcel at the corner of Rocky Road and Jennings Way. Mr. Lucht stated the main entrance will come off of Jennings Way. The total project will have a 10,000 burial plot capacity. There will be a flag that will be lit 24-7. Visitors will enter and exit from the same location. Limestone will be sourced from a Utah quarry, approximately 230 miles away. Cemeteries are typically open from dawn till dusk. A breezeway, connecting the storage facilities and restrooms, has been designed so the Ruby Mountains can be seen. A gravesite locator will be installed there, as well. Chuck Sanders, Commander of the local VFW Post Color Honor Guard, asked if there would be any participation from his group once the facilities were in place. Mr. Kays responded it would have to be worked out with the cemetery director, but other cemeteries had prior military personnel, like the VFW, do color guard for them. Mr. Kays continued the presentation with the project timeline. The proposal for the project is available online at sam.gov. It is being advertised as a project between $5 million and $10 million. The lowest acceptable bid will likely be selected, with Service Disabled Veterans (SVDSOP) contractors getting first priority. He was hoping to break ground in April of next year (2024), with completion of Phase 1 in the summer/fall of 2025. Mr. Wagar stated there were two state veterans' cemeteries - one in Fernley and the other in Boulder City. The Boulder City cemetery was the second busiest state cemetery in the nation with 10 to 15 interments a day. He thanked the Mayor, City Council and the Planning Commission; the Elko August 1, 2023 City of Elko Planning Commission Meeting Minutes Page 2 of 6 veteran's community, especially Mike Musgrove, chairman of the Veterans Service Commission for the state, and Gil Hernandez; and Senators Heller and Cortez Masto. The state cemeteries fall under the same guidelines as national ones, so if anyone had questions, he could be a resource. Gil Hernandez, 1316 7th Street, thanked the Planning Commission, Senator Cortez Masto, and his fellow veterans for supporting this initiative. Cathy Laughlin, City Planner, went over the City of Elko Staff Report, dated July 19, 2023. The site currently does not have pedestrian access. The closest sidewalks were at Adobe Middle School and in the Brookwood subdivision. The proposed development did not show any street, curb, gutter or sidewalk development. On November 8, 2022, City Council denied an exemption of the development, to install curb, gutter and sidewalk. On June 27, 2023, City Council agreed to complete right-of-way improvement on Jennings Way frontage, as funding allowed. The application was not in conformance with the master plan transportation component. The Planning Commission had the right to consider a screen wall requirement, as the project abuts a residential zone. Staff felt the proposed landscaping would provide an adequate barrier. The application was not in conformance with 8-21-3, Sidewalk, Curb and Gutter Construction, for the same reasons as stated prior. The application proposed landscaping within public right-of-way on Jennings Way, which would require a revocable license agreement. The applicant applied for a revocable license agreement to occupy that right-of-way, which was approved by City Council on January 10, 2023. However the applicant never signed it and missed the recording deadline. Staff has included a condition that the license agreement be recorded prior to the issuance of a building permit. Within the license agreement, there was a condition that the City could reduce the width of occupied right-of-way, in the event Jennings Way was widened. The Staff Report had nine findings. It recommended approval with the nine conditions listed. Scott Wilkinson, Assistant City Manager, speaking on behalf of Development, recommended conditional approval with three condtions. The condition about a revocable permit could be modified to include a statement about vacating Jennings Way right-of-way, if an area was determined to be excess. The city did not have a comprehensive plan for this area at this time, so that couldn't be determined right now. Mr. Wilkinson clarified the June 27th City Council decision to complete right- of-way improvements was for both the Jennings Way and Rocky Road frontages. What he envisioned going forward was a 30-foot wide strip of pavement. The area is also within BLM right-of-way, so the city would want to let that play out over time regarding possible annexations and private property development. Bob Thibault, Civil Engineer, recommended conditional approval as presented by staff. Jamie Winrod, Fire Marshal, had no comments or concerns. Jan Baum, City Manager, had no comments or concerns and was excited to see the project. Commissioner Tony Odeh asked if there was a time frame for when city funding would be available. August 1, 2023 City of Elko Planning Commission Meeting Minutes Page 3 of 6 Mr. Wilkinson responded funding for the pavement strip would be in the next budget cycle. Funding beyond that wasn't visible at this point in time. Commissioner Odeh asked who would plow the road. Mr. Wilkinson responded the city would add it to their plow route once the cemetery was constructed. Chairman Jeff Dalling said he would love to see a stone wall and curb, gutter and sidewalk, but was happy just to get the project. He would approve it as it was. Commissioner Odeh asked if they could put a time frame on when curb, gutter and sidewalk should be installed. Mr. Wilkinson responded the Planning Commission could not create financial obligations for the city. Ms. Baum reiterated that she and Mr. Wilkinson were confident that there would be funding for the improvements in the capital construction fund. Ms. Laughlin added the cemetery would be in city limits, but it was beside BLM right-of-way and property. Mr. Wilkinson stated the right-of-way (easement) was dedicated to the city. ** A motion was made by Commissioner Odeh, seconded by Secretary Kamps to conditionally approve Conditional Use Permit No. 3-23 subject to the conditions in the Staff Report dated July 19, 2023, listed as follows: 1. The conditional use permit is granted to the property owner(s) allowing for the development of a Veteran’s Cemetery as presented in the application. 2. The permit shall be personal to the property owner(s) 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 3-23 shall be recorded with the Elko County Recorder within 90 days after the commencement of the construction of the Cemetery. 4. The conditional use permit shall automatically lapse and be of no effect one year from the issuance unless the permit holder is actively engaged in developing the specific property to the use for which the permit was issued. August 1, 2023 City of Elko Planning Commission Meeting Minutes Page 4 of 6  5. Lighting for the complex 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. 6. The landscaping and the buildings to be maintained in an acceptable condition at all times. 7. A Revocable Permit is required to develop within the Jennings Way Right-of-Way. If a revocable is not obtained, revise the plans, eliminating improvements within the right- of-way. 8. The entry way extension into the Jennings Way Right-of-Way shall not extend further than 27.5 feet to the front face of curb from the property line on Jennings, eliminating conflicts with the future development of Jennings Way as an arterial roadway. 9. At its meeting on June 27, 2023, the City Council agreed to complete right-of way improvements on the Jennings Way and Rocky Road frontages to the VA parcel as funding allows. Additional offsite right-of-way improvements may or may not be funded by the city and will be evaluated on an as-need basis and dependent upon available funding. An example may be a partial road development on Jennings Way extending pavement from existing pavement to the entry of the cemetery. Commissioner Odeh's findings to support his recommendation 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 conditional use permit is not in conformance with the Master Plan Transportation Component and existing transportation infrastructure as the project is not proposing pedestrian connectivity nor frontage or off-site street improvements. 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 3-2-8 Public Quasi Public with the approval of the Condition Use Permit. The proposed development is in conformance with 3-2-3, 3-2-4, 3-2-17, 3-2-18 and 3-8 of the Elko City Code. The Conditional Use Permit as presented is not in conformance with Elko City Code Section 8-21-3. The proposed development is not taking into consideration pedestrian connectivity and safety. The proposed development is not in conformance with 8- 22-3 of the Elko City Code. After the motion and the second, Mr. Wilkinson suggested amending Development's condition #1, of the Development Department Memo, to add, "or to vacate the right-of-way of Jennings Way." Ms. Laughlin clarified that condition was listed in the Staff Report as condition #7. Commissioner Odeh amended his motion to add, into the recommendation of conditional use permit 3-23, condition #7, "or to vacate the right-of-way of Jennings Way." Commissioner Garret Kamps stated his second stood. The motion passed unanimously. (4-0) August 1, 2023 City of Elko Planning Commission Meeting Minutes Page 5 of 6 VII. REPORTS A. Summary of City Council Actions Ms. Laughlin congratulated Chairman Dalling and Mercedes Mendive. At the last City Council meeting (July 25th), they were reappoint to serve four more years on the Planning Commission. At the same meeting, the first readings of the zone change for the Benti property (Rez 3-23, Ord. 886) and the zoning code amendment for the Planned Commercial and Commercial Zoning Districts (ZOA 1-22, Ord. 880) were completed. They will both be on the August 8th City Council agenda for second reading, public hearing, and possible adoption. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported at the July 27th Redevelopment Advisory Council (RAC) meeting, they took action to make a recommendation to the Agency to dissolve the RAC. No action was taken on the other agenda items. The Agency will consider the dissolution at their next meeting, towards the end of August. She also informed the group of an upcoming training, the State Planning Conference, in Lake Tahoe, October 16-18. C. Professional articles, publications, etc. 1. Zoning Bulletin - INFORMATION ONLY - NON-ACTION ITEM 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 August 1, 2023 City of Elko Planning Commission Meeting Minutes Page 6 of 6