Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, JANUARY 2, 2024 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 Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Jamie Winrod, Fire Marshal Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments at this time. V. APPROVAL OF MINUTES A. December 5, 2023 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Irish, seconded by Secretary Kamps to approve the minutes of the December 5, 2023 regular meeting. The motion passed unanimously. (7-0) January 2, 2024 City of Elko Planning Commission Meeting Minutes Page 1 of 6 VI. NEW BUSINESS A. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration and possible approval of Final Map No. 4-23, filed by Copper Trails, LLC, for the development of a subdivision entitled Copper Trails Phase 2 Unit 3 involving the proposed division of approximately 15.393 acres of property into 10 lots for residential development and 1 remainder lot within the R (Single Family and Multiple Family Residential) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located north of the intersection of Copper Street and Mittry Avenue. (APN 001-61J-049) Commissioner Michael Irish recused himself because his business was working on part of this project. He left chambers. Ralph Negron, Development Manager, went over the City of Elko Staff Report, dated December 20, 2023. In addition to meeting City Code standards, the subdivision was also under a development agreement. Exhibit D from this agreement was included in the report. There were 12 findings and staff recommended conditional approval with 14 conditions. Vice-Chairman Stefan Beck enquired about the hydrology. Lana Carter, Carter Engineering, representing the applicant said she had completed the hydrology for all three units. This property had several different drainages going through it as well as its own drainage. Cathy Laughlin, City Planner, recommended conditional approval as presented. Jamie Winrod, Fire Marshal, had no comments or concerns. Jan Baum, City Manager, speaking on behalf of the Manager's office and the Engineering department, recommended approval as presented and had no changes. ** A motion was made by Commissioner Odeh, seconded by Commissioner Mendive 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 4-23 with conditions listed in the Staff Report dated December 20, 2023 listed below; and approve a modification of standards under section 3-3-25 of city code for the 10 residential lots in accordance with the development agreement approved by City of Elko Ordinance No. 755: January 2, 2024 City of Elko Planning Commission Meeting Minutes Page 2 of 6 Community Development: 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 Copper Trails Phase 2 Unit 3 is approved for 10 residential lots and 1 remainder lot. 5. The Utility Department will issue a Will Serve Letter for the subdivision upon approval of the Final Map by the City Council. 6. Site disturbance shall not commence prior to approval of the project’s construction plans by the Nevada Department of Environmental Protection. 7. Site disturbance, including clearing and grubbing, shall not commence prior to the issuance of a grading permit by the City of Elko. 8. 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. 9. Conformance with the conditions of approval of the Tentative Map is required. 10. 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. The Engineer of Record is to certify that the project was completed in conformance with the approved plans and specifications. 11. Conformance with development agreement. 12. Approval of lot area and dimension per the referenced development agree. Engineering: None Public Works: None Utilities: 1. Public utility improvements at time of development per approved plans and City code. Fire: 1. Gravel turn around will need to be maintained. Commissioner Odeh's findings to support his recommendation are the Final Map is in substantial conformance with the Development Agreement Master Plan as shown under Ordinance 755 as amended under Ordinances 769 and 838. The Final Map for Copper Trails January 2, 2024 City of Elko Planning Commission Meeting Minutes Page 3 of 6 Phase 2 Unit 3 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), 3 2 17, and 3-8 of City code, with the exception of 3-2-5(G) as provided for in the referenced development agreement. The motion passed unanimously. (6-0) 2. Review, consideration, and possible action to develop the Calendar Year 2024 Planning Commission Annual Work Program, and matters related thereto. FOR POSSIBLE ACTION Each year the Planning Commission reviews the Annual Work Program. The work program gives the Planning Commission direction on various issues to address throughout the year. Commissioner Irish returned. Ms. Laughlin went over the proposed 2024 work program provided in the agenda packet. Several items were ongoing. She was hoping to wrap up the 'repeal and replace Sign Ordinance' item this year. Input from an outside consultant was needed, which would have to wait until funds were available next fiscal year starting in July. Changes from last year's work program included removing 'revisions to 3-2-12 LI, GI Industrial Districts' and 'revisions to 3-2-10 PC, C Commercial Zoning Districts', as these items were completed; and adding 'revisions to 3-2-18 Conditional Use Permits for Home Occupations'. There have been many home occupation applications since the onset of COVID. The code currently prohibit more than one business as well as a variety of other conditions that need revision. 'Revisions to 3-3, Divisions of Land' was still on the list. It had last been repealed and replaced, but changes were needed for clarification. It was a code requirement for the work program to go before the Planning Commission each year and have City Council approval. Commissioner John Lemich asked what she meant by 'repeal and replace' for the sign ordinance. Ms. Laughlin said the entire section on signage was very old and had never been updated. It did not include a good list of definitions nor any real development standards or guidelines for signs. She was January 2, 2024 City of Elko Planning Commission Meeting Minutes Page 4 of 6 looking at replacing the whole section. The most lawsuits were usually with sign ordinances, so the city would need input from a lawyer. Chairman Jeff Dalling asked how long the city had been working on an update to this section. Ms. Laughlin said around 3.5 years. Secretary Garret Kamps asked if items were typically added to the work program by Planning Commission request or by the Planning department. Ms. Laughlin responded they mostly came from the Planning department as issues arose. For example, 'review zoning for RMH districts/revise map' was an ongoing item. The RMH zoning district was in fact four different districts, but the zoning map only showed one color for them all. Staff needed to look at each subdivision to determine how it started, if it had permanent homes or not, etc. The map needed a huge revision. The RMH District section of code (Chapter 5) should probably be revised as well. She wanted to look at the amount of acreage required for a mobile home park, among other conflicts. ** A motion was made by Vice-Chairman Beck, seconded by Secretary Kamps to approve the Elko Planning Commission's 2024 Work Program. The motion passed unanimously. (7-0) 3. Election of officers, and matters related thereto. FOR POSSIBLE ACTION Pursuant to Section 3-4-3 A. of the City Code, the Planning Commission shall elect a Chairperson, Vice-Chairperson and Secretary in January every year. ** Vice-Chairman Stefan Beck nominated Jeff Dalling for Chairman; a vote was taken and passed. ** Chairman Jeff Dalling nominated Stefan Beck for Vice-Chairman; a vote was taken and passed. ** Vice-Chairman Stefan Beck nominated Garret Kamps for Secretary; a vote was taken and passed. VII. REPORTS A. Summary of City Council Actions B. Summary of Redevelopment Agency Actions Ms. Laughlin reported at the December 12th RDA meeting, revisions to the storefront grant documents were approved and an appeal on one of the storefront grants was denied. The agency also directed staff to looking into additional changes to the storefront grant program. January 2, 2024 City of Elko Planning Commission Meeting Minutes Page 5 of 6 The storefront grant program application period is currently open - from January 1st through the month of March. Applications are available online. The infrastructure grant program application period is also open, but just through the month of January. There would be a second application period in July. Chairman Dalling asked if the infrastructure grant was only for ADA restrooms. Ms. Laughlin stated it was for buildings which had lost their legal non-conforming status or had a change in use and needed to be brought up to current codes. Commissioner John Lemich asked if the infrastructure grant program was for matching funds. Ms. Laughlin said yes, up to $15,000. VIII. COMMENTS BY THE GENERAL PUBLIC Commissioner Tony Odeh said during a realtor meeting he learned that according to Robert's Rules of Order, the meeting minutes should be adopted instead of making a motion for approval. ADJOURNMENT There being no further business, the meeting was adjourned. Jeff Dalling, Chairman Garret Kamps, Secretary January 2, 2024 City of Elko Planning Commission Meeting Minutes Page 6 of 6