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Regular Meeting

Regular Meeting

Elko, NV · November 7, 2023

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Minutes

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, NOVEMBER 7, 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 Michael Irish Tony Odeh City Staff Present: Jan Baum, City Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Bob Thibault, Civil Engineer Jamie Winrod, Fire Marshal Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC Sally Compton, 753 Railroad Street, said she backed Karrie and Luke Barrett (CUP 4-23). It would be nice to have some classy people in the neighborhood. V. APPROVAL OF MINUTES A. October 3, 2023 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Vice-Chairman Beck, seconded by Commissioner Mendive to approve the minutes of the October 3, 2023 regular meeting. The motion passed unanimously. (7-0) November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 1 of 13 VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible recommendation to City Council for Rezone 5-23, filed by Knight & Son Ltd., for a change in zoning from GI (General Industrial) to R (Single Family and Multiple Family Residential) Zoning District, approximately 5,147 square feet, specifically APN 001-387-003, located generally on the southwest side of South 1st Street approximately eighty three feet southeast of the intersection of South 1st Street and River Street, to allow for the continuation of a residential use, and matters related thereto. FOR POSSIBLE ACTION The applicant has recently purchased the property which has been vacant since 2017. With the loss of legal non-conforming status, the property would require the approval of a zone amendment in order to be used as a residential use. CL Applicant Don Knight (and son, Lewis), 136 S. 1st Street, stated he had applied for a variance and zone change. The neighboring properties still had their conformance for residential use, even though the area was zoned industrial, but this property had lost it. He believed the property was built before zoning districts were established in Elko. He would like to get the property back into compliance with current code. It had been inspected by an engineer and architect to make sure it was structurally sound. The water had been recently turned back on. Cathy Laughlin, City Planner, stated the property was zoned general industrial. Properties to the southeast were zoned residential mobile home, which had been the original zoning for that entire area. The property was used as a residence until 2017 when it flooded. Due to flood damage, the city shut the water off, as requested by all of the properties in the area. When the city went to turn the water back on, the building official at the time felt the property should be condemned, as it was unsafe to occupy. The previous property owner did some repairs without building permits, leading the building department to red tag the house, which has sat vacant since. The current owner wanted to bring the property back up to current code and apply for building permits, but couldn't because it wasn't zoned residential. However, a change in zoning would trigger a necessity for variances, one of which would be for parking. Challenges to meeting the parking requirement included a half-width alley (10-ft vs. 20-ft full-width) behind the property and access to it being blocked by a NV Energy pole and guy wire. She then went over the City of Elko Staff Report, dated September 29, 2023, which listed ten findings and recommended conditional approval with one condition - that Variance 1-23 be approved prior to the first reading of the ordinance adopting the zoning district amendment. Ralph Negron, Development Manager, had no objections. Bob Thibault, Civil Engineer, recommended approval as presented. Jamie Winrod, Fire Marshal, had no comments or concerns. November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 2 of 13 Jan Baum, City Manager, recommended approval as presented. Secretary Garret Kamps asked how the neighboring properties were receiving services, like garbage pick up. Ms. Laughlin said they were going to the fronts of the properties. She also remarked on how a property maintains or loses its legal non-conforming status. Secretary Kamps asked if there were any service concerns for this property. Ms. Laughlin responded no, that everything would go to the front. There was a utility easement in the back alley, but it was of no use to the city. The city would support vacating it if a finding could be made that it did not have a viable use. If vacated, the land would be split between the adjacent properties. Commissioner John Lemich enquired about the parking requirement. Ms. Laughlin said two off-street parking spaces were required. Tree street properties were often able to meet the parking requirement off the alley, but it was impossible here. There was room on the side of the house, which would be discussed during the variance. Mr. Knight said there was a gas meter on the side of the house scheduled to be relocated to the front. There was a double swinging gate in the fence and an approach in the sidewalk that lead into the side yard. The area would be wide enough to meet the parking requirement once the meter was moved. ** A motion was made by Commissioner Mendive, seconded by Secretary Kamps to forward a recommendation to City Council to adopt an ordinance which conditionally approves Rezone 5-23, subject to the one condition as presented in staff report dated September 29, 2023, listed as follows: 1. Variance 1-23 be approved prior to first reading of ordinance. Commissioner Mendive's findings to support her recommendation are the proposed zone district is not in conformance with the Land Use Component of the Master Plan but doesn’t frustrate the goals and objectives of the Master Plan. The proposed zone district is compatible with the Transportation Component of the Master Plan and is consistent with the existing transportation infrastructure. The property is not located within the Redevelopment Area. The proposed zone district and land use is in conformance with City Wellhead Protection Plan. The proposed zone district is in conformance with Elko City Code Section 3-2-4(B) with the approval of Variance 1-23. The proposed zone district is in conformance with Elko City Code Section 3-2-5 with the approval of Variance 1-23. The application is in conformance with Elko City Code 3-2-21. The proposed zone district is located in a designated Special Flood Hazard Area (SFHA). The proposed zone district is consistent with surrounding land uses. 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. (7-0) November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 3 of 13 2. Review, consideration and possible action on Variance 1-23, filed by Knight & Son Ltd., for a reduction of the minimum lot area from 6,000 square feet to 3,550 square feet, a reduction of the minimum lot width from 60' to 35.5', a reduction of the required front yard setback from 15' to 7.5' and to allow the required off street parking to be located in the front and side yard in an R (Single Family Multiple Family Residential) Zoning District and matters related thereto. FOR POSSIBLE ACTION The applicant has submitted an application for a zone amendment from GI (General Industrial) to R (Single Family and Multiple Family Residential) for the referenced property. The property is not in conformance with the development standard for the R zoning district and therefore would require approval of a variance. CL Ms. Laughlin went over the City of Elko Staff Report, dated October 3, 2023, and highlighted the areas discussing which sections of code the property would need variances from to be in compliance (Sections 3-2-4, 3-2-5 and 3-2-17). Two in tandem parking spaces located in the southeast side yard setback and the front yard setback were being proposed to meet the off-street parking requirement. A two-track was already there, but a concrete pad and gas meter were encroaching. Staff added conditions to their recommendation to have the encroachments removed. Hardships included that the property was zoned in the late '60s as industrial but used as residential, the small lot size did not allow for a garage in the back for off-street parking to be off the half alley, and the alley was blocked by NV Energy infrastructure. Staff agreed all six conditions listed in Section 3-2-22 for the granting of a variance had been met. There were eleven findings and four conditions. Vice-Chairman Stefan Beck asked if the size restraint was why a garage couldn't be put on the property. Ms. Laughlin said a garage could be put in the back, but the owner would still need to drive through the proposed parking area to get to it because there was no way it could be accessed from the alley with its 10-foot width. It was also unpaved and overgrown with vegetation. Commissioner Tony Odeh asked if neighboring properties were parking on the street, since it would be unfair for others to be allowed to park on the street. He also asked Mr. Knight if he knew what the property was zoned when he purchased it. Mr. Knight said he knew about the zoning before the purchase. The adjacent residents parked on the street. He had not observed where the residents living at 101 W. River Street parked. He also commented about one of the buildings being build right on the property line with the alley and that its roof hung over into the alley. He like the idea of off-street parking because he didn't want his truck to get hit. Commissioner Michael Irish asked Ms. Laughlin if the building was grandfathered in pertaining to it being in a flood zone. November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 4 of 13 Ms. Laughlin said the existing structure would be grandfathered in until such time as it was expanded, enlarged or changed. It would then have to comply with the floodplain management section of city code. She added to the discussion about off-street parking, stating the neighboring properties had not lost their legal non-conforming status for residential use in the General Industrial zone, so they were able to park on the street. Chairman Jeff Dalling said it would be nice if the city would rezone the entire area. Ms. Laughlin said a lot of taxpayer resources would be needed. Every property and every outbuilding on each property would need to be surveyed because each one would have to be granted a variance to conform to the residential zoning code. She had suggested to Mr. Knight to reach out to the neighboring property owners to do one application for a zoning district boundary amendment and split the survey and filing fee costs, but if they weren't interested, they couldn't be forced to do it. Mr. Negron had no comment and approved. Mr. Thibault said this area used to be part of the railroad corridor that went down Silver Street with a depot nearby, so it made sense as an industrial area at the time. Engineering recommended approval as presented. Ms. Winrod had no comments or concerns. Ms. Baum approved as presented. ** A motion was made by Secretary Kamps, seconded by Commissioner Mendive to conditionally approve Variance 1-23 for the reduction of the required lot area from 6,000 square feet to 3,550 square feet, a reduction of the required lot width from 60' to 35.5', a reduction of the required front yard setback from 15' to 7.5' and to allow the required off street parking to be located in the front and side yard subject to the conditions as stated in staff report dated October 3, 2023, listed as follows: 1. Rezone 5-23 be approved and the ordinance recorded prior to the recordation of the variance. All conditions must be met prior to recordation. 2. The existing concrete slab projecting into the required nine foot wide parking stall to be removed. 3. The existing gas meter projecting into the required nine foot wide parking stall to be relocated to the front or rear of the home. 4. Commencement of any work required within one year and completion within eighteen (18) months. Secretary Kamp's findings to support his recommendation are the proposed variance is not in conformance with the Land Use Component of the Master Plan but does not frustrate the goals and objectives of the Master Plan. The proposed variance is consistent with the Transportation Component of the Master Plan. The property is not located within the redevelopment area and consideration of the plan is not required. The proposed variance is consistent with City of Elko Wellhead Protection Plan. The property does not conform to Section 3-2-4 of city code without November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 5 of 13 the approval of the variance. The property, as developed, is not in conformance with Elko City Code 3-2-5 for the front yard setback, minimum lot area or minimum lot width. The approval of the variance will bring the property into conformance. In accordance with Section 3-2-22, the applicant has stated existing conditions as well as surrounding lots are smaller than the required minimum is the special circumstance and undue hardship. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity. Granting of the variance will not substantially impair the intent or purpose of the zoning ordinance. Granting of the variance will not impair natural resources. The parcel is located within a designated Special Flood Hazard Area. The motion passed unanimously. (7-0) 3. Review, consideration, and possible action on Conditional Use Permit No. 4-23, filed by Karrie and Luke Barrett, which would allow for a bar to be located within the Central Business District, specifically 789 Railroad Street, Suite 2, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-2-10(B)(8)(c) any new business such as a bar within the Central Business District requires a Conditional Use Permit. Applicant Karrie Barrett, 225 Oakshire Drive, said they (she and Luke) were applying for a conditional use permit for a bottle shop and tasting room. She had provided the floor plan for the business (see minutes packet). A large portion will be retail of unique whiskeys, wines and craft beer. There would be a small assembly space and a tasting room configured for 32 chairs. A bar was not included in the floor plan because they were not trying to be a bar. They had been working with the building official, Jeff Ford, to reduce the maximum occupancy to make sure all bathroom code requirements would be met and were proposing a voluntary reduction of between 45 and 50 for a maximum occupancy. Chairman Dalling asking if the bathrooms would be shared with Gregory Insurance. Ms. Barrett said yes. Chairman Dalling asked if the suite had a sprinkler system. Ms. Laughlin responded no, it was under 5000 square feet. Chairman Dalling called for public comment with no reply, but made reference to Ms. Compton's earlier statement that she backed Karrie and Luke Barrett, saying it would be nice to have some classy people in the neighborhood. Ms. Laughlin disclosed she had drawn the site plan provided in the agenda packet and was a 50% owner in Laughlin Construction. This did not have any influence in how she addressed this particular application. The property was owned by Leah Barrington-Gregory, who occupied the other half of the building. She went over the City of Elko Staff Report, dated October 12, 2023, listing six findings and recommended conditional approval with ten conditions - seven from Planning, Development and November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 6 of 13 Engineering; one from Building, "Mixed use separations shall comply with 2018 IBC Chapters 5,6,7 & 8 for fire rated construction. Existing restroom configuration may require reduced occupant load per 2902 IBC, as discussed with tenant."; and two from Police, "Zero tolerance of employee consumption of alcohol while they are on shift. Business hours to be determined as appropriate by the Planning Commission." The Planning Commission could remove or add any conditions. Chairman Dalling did not want to add hours. Commissioners Lemich and Odeh agreed. Mr. Negron approved the CUP. Mr. Thibault recommended approval as presented. Ms. Winrod had not comments or concerns. Ms. Baum recommended approval as presented. Chairman Dalling thought the business was a good idea. It was a good use of a building that was vacant and new. He questioned the Police's condition of employees not consuming alcohol while on shift. Ms. Laughlin responded it was part of the liquor code as well as a business's liquor license, which clearly stated employees couldn't drink while they were on shift. She also read the remaining conditions. Chairman Dalling asked the applicants if they agreed to the conditions. Ms. Barrett said she had read through them but would like some clarification on a couple. If they were to have a food truck in the back parking lot, would that be considered "spilling over" (condition #7)? Commissioner Lemich said the food truck would have its own catering license. Chairman Dalling did not think it would be considered "spilling over". Ms. Laughlin said the city issued outdoor dining permits for businesses wanting to spill over into their front sidewalk, which was owned by the city of Elko, as well as other procedures for special events. Ms. Barrett clarified the food trucks would be on the property, in the parking in the back, not on city property. Chairman Dalling said he didn't have a problem with that and Secretary Kamps and Commissioner Lemich agreed. November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 7 of 13 Luke Barrett enquired about the Building's condition, specifically the fire rating sentence. They were hoping to comply under the small spaces exemption since they were proposing an occupancy of less than 50, instead of constructing a firewall along the common wall. Chairman Dalling said the Planning Commission did not have any control over that and they would need to speak with Mr. Ford at the Building department. Ms. Winrod with Fire was also another good contact. Ms. Laughlin added for them to rely on their design professional to handle it. ** A motion was made by Commissioner Odeh, seconded by Commissioner Mendive to conditionally approve Conditional Use Permit No. 4-23 subject to the conditions in the City of Elko Staff Report dated October 12, 2023, listed as follows, and as modified by the Planning Commission: 1. The permit is granted to the applicant Karrie and Luke Barrett for a bar establishment subject to compliance with all conditions imposed by a conditional use permit. 2. The permit shall be personal to the permittee and applicable only to the specific use (bar establishment) and to the specific property (789 Railroad Street Suite 2) 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 4-23 to be recorded with the Elko County Recorder within 90 days after the business license is issued for the bar. 4. Applicant shall maintain exterior security lighting that illuminates both the Railroad and 8th Street frontages as well as the alleyway adjacent to the establishment. The security lighting shall be sufficient to make easily discernible the appearance and conduct of all persons and patrons in the vicinity of the front and side entrances, and shall be positioned so as not to cause excessive glare for persons located outside of the vicinity of the front and side entrances, such as pedestrians, motorists, and owners and occupants of neighboring properties. 5. Applicant shall remove all bottles, cans, trash, broken glass, debris, and bodily fluids from abutting properties upon closing on each day applicant's business is open. 6. Applicant shall maintain an active account with Elko Sanitation at all times for the collection of garbage, refuse and waste. 7. The business activity to remain inside the building and not allowed to spill over into any of the property surrounding the building. Building Department: 1. Mixed use separations shall comply with 2018 IBC Chapters 5, 6, 7 & 8 for fire rated construction. Existing restroom configuration may require reduced occupant load per 2902 IBC, as discussed with tenant. November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 8 of 13 Commissioner Odeh’s findings to support his recommendation are the conditional use is in conformance with the Land Use Component of the Master Plan. The conditional use is in conformance with the Transportation Component of the Master Plan and existing transportation infrastructure. The conditional use is in conformance with the Wellhead Protection Plan. Approval of the Conditional Use Permit is required for the proposed use to be in conformance to sections 3-2-3 & 3-2-10 of the Elko city code. The proposed use is in conformance with sections 3-2-4, 3-2-17, and 3-2-18 of the Elko city code. The proposed use conforms to section 3-8 of Elko city code. The motion passed unanimously. (7-0) Mr. Thibault reiterated the conditions from the Police department were city code requirements and could not be waived by the Planning Commission. He did not want the applicants to get the wrong impression with the removal of those two conditions from the conditional use permit. Chairman Dalling agreed. The Planning Commission had not waived the code. B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration and possible approval of Final Map No. 3-23, filed by Koinonia Development LP for the development of a subdivision entitled Mountain View Townhomes Unit Number 2, involving the proposed division of approximately 2.238 acres of property into 32 townhome lots for residential development and 1 common lot within the CT (Commercial Transitional) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located on North 5th Street near the intersection with Mary Way. The Final map is in conformance with the tentative map. Chairman Dalling asked if any commissioners need to sit this item out. Commissioner Irish stated he needed to recuse himself due to having an involvement in the project. Commissioner Irish left. Applicant Luke Fitzgerald said he was available for questions. Mr. Negron went over the City of Elko Staff Report, dated October 20, 2023, which listed 12 findings and recommended conditional approval with 24 conditions. As of today, many of those conditions had been met by Lana Carter of Carter Engineering, but staff recommended the motion include all 24. Ms. Laughlin recommended conditional approval. Mr. Thibault recommended conditional approval as presented. November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 9 of 13 Ms. Winrod recommended approval. Any conditions Fire had prior had been met by Ms. Carter. Ms. Baum recommended approval and said it was a great project. ** A motion was made by Secretary Kamps, seconded by Commissioner Odeh to forward a recommendation that the City Council accept, on behalf of the public, the parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication; that the final map substantially complies with the tentative map; that the City Council approve the agreement to install improvements in accordance with the approved construction plans that satisfies the requirements of Title 2 Chapter 3, and conditionally approve Final Map 3-23 with conditions listed in the Staff Report dated October 20,2023, listed as follows: Development Department: 1. The Developer shall execute a Performance and Maintenance Agreement in accordance with Section 3-3-21 of City code. The Performance Agreement shall be secured in accordance with Section 3-3-22 of City code. In conformance with Section 3-3-21 of City code, the public improvements shall be completed within a time of no later than two (2) years of the date of Final Map approval by the City Council unless extended as stipulated in City code. 2. The Performance and Maintenance Agreement shall be approved by the City Council. 3. The Developer shall enter into the Performance and Maintenance Agreement within 30 days of approval of the Final Map by the City Council. 4. The Final Map for Mountain View Townhomes – Unit Number 2 is approved for 32 townhouse lots and 1 common lot. 5. The Utility Department will issue a Will Serve Letter for the subdivision. 6. Construction activities shall not commence prior to approval of the project’s construction plans by the Nevada Department of Environmental Protection. 7. Construction shall not commence prior to Final Map approval by the City Council and issuance of a will-serve letter by the City of Elko. 8. Conformance with the conditions of approval of the Tentative Map is required. 9. The Owner/Developer is to provide the appropriate contact information for the qualified engineer and engineering firm contracted to oversee the project along with the required inspection and testing necessary to produce an As-Built for submittal to the City of Elko. The Engineer of Record is to ensure all materials meet the latest edition of the Standard Specifications for Public Works. All right-of-way and utility improvements are to be certified by the Engineer of Record for the project. 10. Construction Plans – Sheet 1, Project Information 4 – Verify area matches map area. 11. Construction Plans - Sheet 1, Project Information 11 – Verify areas match map 12. Construction Plans - Sheet 1, Project Information 16 – Correct Typo. 13. Construction Plans - Sheet 2, The storm drain manhole located at approximately 6+20 is required to be an open grate. Add note and provide a detail for the conversion from a sd manhole to open grate manhole. 14. Construction Plans – Sheet 2, Show roll curb on traffic control curbing. Provide roll curb approximately station 0+45 and provide a detail. November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 10 of 13 15. Construction Plans – Sheet 2, Delete “proposed” from all retaining wall labels and a note stating that the shown retaining walls will be constructed at the time of townhome development. 16. Construction Plans – Sheet 2, Add a note that the shown driveways are NOT a part of the subdivision improvements and will be constructed at the time of townhome development. 17. Construction Plans – Sheet 2, Provide detail for ADA ramp on the NW corner of the driveway intersection with 5th Street. 18. Revisions to the Construction Plans are required prior to City Council consideration for approval of the subdivision. 19. Engineer’s Estimate, Delete Driveway cost from estimate. 20. Engineer’s Estimate, Add 10% Contingency 21. Engineer’s Estimate, Add 10 Testing Building Department: 22. Building permitting and inspection of water and sewer service laterals is required. 23. Exterior walls and projections shall comply with 2018, IRC Table 302.1(1) or 302.1(2). Fire Department: 24. Construction Plans – See Development condition 14. On the North end there does not appear to be an adequate fire access road width where the barrier curb is. The unobstructed width requirement is 20 ft. I think there is a directional turn requirement from other departments, so I am not sure how we need to go about working through this. Secretary Kamps' findings to support his recommendation were the Final Map for Mountain View Townhomes – Unit Number 2 has been presented before expiration of the subdivision proceedings in accordance with NRS 278.360(1)(a)(2) and City code. The Final Map is in conformance with the Tentative Map. The proposed subdivision is in conformance with the Land Use and Transportation Components of the Master Plan. The proposed development conforms with Sections 3-3-9 through 3-3-16 (inclusive). The Subdivider shall be responsible for all required improvements in conformance with Section 3-3-17 of City code. The Subdivider has submitted construction plans in conformance with Section 3-3-18 of City code. The Subdivider has submitted plans to the city and state agencies for review to receive all required permits in accordance with the requirements of Section 3-3-19 of City code. The Subdivider has submitted construction plans which, having been found to be in conformance with Section 3-3-20 of City code, have been approved by City staff. The Subdivider will be required to enter into a Performance Agreement to conform to Section 3-3-21 of City code. The Subdivider will be required to provide a Performance and Maintenance Guarantee as stipulated in the Performance Agreement in conformance with Section 3-3-22 of City code. The proposed development conforms to Sections 3-2-3, 3-2-4, 3-2-5(E), 3-2-5(G), and 3-2-17 of City code. The proposed development is in conformance with Section 3-8 of City code. The motion passed unanimously. (6-0) Commissioner Irish returned. November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 11 of 13 2. Review, consideration, and possible action to set regular meeting dates as well as special meeting dates for 2024, and matters related thereto. FOR POSSIBLE ACTION The following dates are the first Tuesday of each month: January 2, 2024 February 6, 2024 March 5, 2024 April 2, 2024 May 7, 2024 June 4, 2024 July 2, 2024 August 6, 2024 September 3, 2024 October 1, 2024 November 5, 2024 December 3, 2024 Chairman Dalling said he was okay with those dates. Commissioner Lemich asked about September 3rd and if it was during the fair. Ms. Laughlin said it was the day after Labor Day. Chairman Dalling thought that would be fine. Whenever they moved the meetings, no one came. Commissioner Mendive had no problems with the dates. ** A motion was made by Commissioner Mendive, seconded by Commissioner Odeh to approve to keep all 2024 Planning Commission meetings on the first Tuesday of each month. The motion passed unanimously. (7-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin said Planning did not have a whole lot on the City Council agendas lately, but there would be three or four items on the November 14th agenda. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported she would be getting a Redevelopment Agency meeting set for the later part of November or the first part of December. The Redevelopment Advisory Council was recently dissolved so some changes to the storefront grant application requirements would need to be reviewed by the Agency. November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 12 of 13 VIII. COMMENTS BY THE GENERAL PUBLIC There were no public comments at this time. ADJOURNMENT There being no further business, the meeting was adjourned. Jeff Dalling, Chairman Garret Kamps, Secretary November 7, 2023 City of Elko Planning Commission Meeting Minutes Page 13 of 13

Agenda

CITY OF ELKO Website: www.elkocitynv.gov Planning Department Email: planning@elkocitynv.gov 1751 College Avenue · Elko, Nevada 89801 · (775) 777-7160 · Fax (775) 777-7219 PUBLIC MEETING NOTICE The City of Elko Planning Commission will meet in a regular session on Tuesday, November 7, 2023 beginning at 5:30 PM in the Council Chambers at Elko City Hall, 1751 College Avenue, Elko, Nevada. Attached with this notice is the agenda for said meeting of the Commission. In accordance with NRS 241.020, the public notice and agenda were posted on the City of Elko Website at http://www.elkocitynv.gov/, the State of Nevada’s Public Notice Website at https://notice.nv.gov, and in the following locations: ELKO CITY HALL – 1751 College Avenue, Elko, NV 89801 Date/Time Posted: November 1, 2023 2:00 p.m. Posted by: Rachel Randall, Planning Technician Name Title Signature The public may contact Rachel Randall by phone at (775) 777-7160 or by email at rrandall@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is also available at Elko City Hall, 1751 College Avenue, Elko, NV. Dated this 1st day of November, 2023. NOTICE TO PERSONS WITH DISABILITIES Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify the City of Elko Planning Department, 1751 College Avenue, Elko, Nevada, 89801 or by calling (775) 777-7160. Cathy Laughlin, City Planner CITY OF ELKO PLANNING COMMISSION REGULAR MEETING AGENDA 5:30 PM, TUESDAY, NOVEMBER 7, 2023 ELKO CITY HALL, COUNCIL CHAMBERS 1751 COLLEGE AVENUE, ELKO, NV 89801 I. CALL TO ORDER The Agenda for this meeting of the Elko City Planning Commission has been properly posted for this date and time in accordance with NRS requirements. II. ROLL CALL 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 V. APPROVAL OF MINUTES A. October 3, 2023 - Regular Meeting - FOR POSSIBLE ACTION VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible recommendation to City Council for Rezone 5-23, filed by Knight & Son Ltd., for a change in zoning from GI (General Industrial) to R (Single Family and Multiple Family Residential) Zoning District, approximately 5,147 square feet, specifically APN 001-387-003, located generally on the southwest side of South 1st Street approximately eighty three feet southeast of the intersection of South 1st Street and River Street, to allow for the continuation of a residential use, and matters related thereto. FOR POSSIBLE ACTION The applicant has recently purchased the property which has been vacant since 2017. With the loss of legal non-conforming status, the property would require the approval of a zone amendment in order to be used as a residential use. CL 2. Review, consideration and possible action on Variance 1-23, filed by Knight & Son Ltd., for a reduction of the minimum lot area from 6,000 square feet to 3,550 square feet, a reduction of the minimum lot width from 60' to 35.5', a reduction of the required front yard setback from 15' to 7.5' and to allow the required off street parking to be located in the front and side yard in an R (Single Family Multiple Family Residential) Zoning District and matters related thereto. FOR POSSIBLE ACTION The applicant has submitted an application for a zone amendment from GI (General Industrial) to R (Single Family and Multiple Family Residential) for the referenced property. The property is not in conformance with the development standard for the R zoning district and therefore would require approval of a variance. CL 3. Review, consideration, and possible action on Conditional Use Permit No. 4-23, filed by Karrie and Luke Barrett, which would allow for a bar to be located within the Central Business District, specifically 789 Railroad Street, Suite 2, and matters related thereto. FOR POSSIBLE ACTION As required by Elko City Code 3-2-10(B)(8)(c) any new business such as a bar within the Central Business District requires a Conditional Use Permit. B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration and possible approval of Final Map No. 3-23, filed by Koinonia Development LP for the development of a subdivision entitled Mountain View Townhomes Unit Number 2, involving the proposed division of approximately 2.238 acres of property into 32 townhome lots for residential development and 1 common lot within the CT (Commercial Transitional) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located on North 5th Street near the intersection with Mary Way. The Final map is in conformance with the tentative map. 2. Review, consideration, and possible action to set regular meeting dates as well as special meeting dates for 2024, and matters related thereto. FOR POSSIBLE ACTION The following dates are the first Tuesday of each month: January 2, 2024 February 6, 2024 March 5, 2024 April 2, 2024 May 7, 2024 June 4, 2024 July 2, 2024 August 6, 2024 September 3, 2024 October 1, 2024 November 5, 2024 December 3, 2024 VII. REPORTS A. Summary of City Council Actions B. Summary of Redevelopment Agency Actions 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 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 Respectfully submitted, Cathy Laughlin City Planner

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