Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, FEBRUARY 6, 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 Garret Kamps Mercedes Mendive John Lemich Michael Irish Absent: Stefan Beck 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 Jim Foster, Airport Director III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments at this time. V. APPROVAL OF MINUTES A. January 2, 2024 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Irish, seconded by Commissioner Lemich to approve the minutes of the January 2, 2024 regular meeting. The motion passed unanimously. (5-0) February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 1 of 10 VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible action on Conditional Use Permit 5-23, filed by Michael L. Lostra, P.E. on behalf of Jeff Dalling, which would allow for a 2,400 sq. ft. expansion of a detached accessory structure in the PQP (Public, Quasi, Public) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The applicant is proposing an expansion to an existing airplane hanger at the Elko Regional Airport. A Conditional Use Permit is required for any expansion of use over 1,000 sq. ft. in the PQP Zoning District. The location of the accessory structure expansion must also be approved by the Planning Commission. CL Chairman Jeff Dalling said he would need to sit this item out, as he was the applicant. Since Vice-Chairman Stefan Beck was not in attendance, a Chairman Pro Tempore would need to be selected. ** Chairman Dalling nominated Mercedes Mendive as Chairman Pro Tempore; a vote was taken and passed unanimously. Chairman Dalling removed himself from the dais. The meeting proceeded under Chairman Pro Tem Mendive. Mike Lostra, Lostra Engineering, 930 College Avenue, introduced himself as the applicant's agent and was available for questions. Cathy Laughlin, City Planner, went over the City of Elko Staff Report, dated January 22, 2024. Regarding the transportation component of the Master Plan, the area would be accessed from Murray Way, but would have restricted pedestrian access due to airport security. Staff was not requesting additional parking to comply with section 3-2-17 as the existing parking lot adjacent to the structure was sufficient. There were six findings and ten conditions, five of which came from the airport. The airport director was in attendance and could address any questions the board may have regarding them. Ralph Negron, Development Manager, had not comment. Scott Wilkinson, Assistant City Manager, speaking on behalf of Engineering, recommended approval as presented by staff. Jamie Winrod, Fire Marshal, had no comment. Jan Baum, City Manager, recommended approval as presented by staff. February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 2 of 10 ** A motion was made by Secretary Kamps, seconded by Commissioner Irish to conditionally approve Conditional Use Permit 5-23 subject to the conditions in the City of Elko Staff Report dated January 22, 2024, listed as follows, and with the location of the accessory structure addition approved by the Planning Commission: 1. The conditional use permit is granted to the property owner(s) allowing for the expansion of an accessory structure (airplane hanger) 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 5-23 shall be recorded with the Elko County Recorder within 90 days after the commencement of the construction of the accessory structure. 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. 5. The planning commission shall accept the location of the accessory structure as part of their motion. 6. FAA Hangar use policy states no residential use is allowed for hangars. No sleeping quarters will be allowed at any time. The hangar/office space will not be changed to a different use at a later date. 7. Applicant is to provide the City a copy of the proposed sublease for review. 8. Applicant to comply with his current lease with the City of Elko. 9. Comply with AC No: 150/5370-2G Operational Safety on Airports during construction if warranted. 10. Once the Airport completes its security upgrade abide by all security regulations imposed by the TSA. This hangar will have direct landside access to the AOA and will have additional security requirements at a later date that will be the responsibility of the owner. Secretary Kamps' findings to support his recommendation are 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 development is in conformance with the existing transportation infrastructure and the Transportation Component of the Master Plan. 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, and acceptance of the accessory building location by the Planning Commission. 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 motion passed unanimously. (4-0) February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 3 of 10 Chairman Dalling returned to the dais. 2. Review, consideration and possible action on Conditional Use Permit No. 1-24, filed by Boys & Girls Clubs of Elko, Inc., which would allow for the development of a multi-purpose recreation center within a PQP Public, Quasi-Public zoning district, and matters related thereto. FOR POSSIBLE ACTION Any new development within the PQP zoning district requires the approval of a conditional use permit. CL Tom Hannum, Summit Engineering and Boys & Girls Clubs, introduced himself as the applicant and was available for any questions. Ms. Laughlin went over the City of Elko Staff Report, dated January 22, 2024. Objectives #3 and #8 of the Master Plan were being met. Pedestrian access was already in place, but the applicant was proposing to relocate the sidewalk along Golf Course Road out to the new property line, as that portion of the street was recently vacated. The proposed use would be in conformance with 3-2- 4(B)(4) and 3-2-8 with the approval of a variance for the exterior and interior side yard setbacks, which would be discussed under the next agenda item. Under 3-2-17, Traffic Access and Parking & Loading Regulations, preliminary calculations of the site plan showed the existing parking lot would be adequate to meet parking requirements. The report had six findings and recommended conditional approval with the six listed conditions. Mr. Negron had no concerns. Ms. Winrod had no comments or concerns. Mr. Wilkinson, speaking on behalf of Engineering, recommended conditional approval as presented by staff and approval of Variance 1-24. Ms. Baum recommended approval as presented. Commissioner Mendive asked if there was an ultimate intent to put the event center next to the recreation center (rec center) and expressed concern for the adjacent property's green space being wiped out. Mr. Hannum responded the adjacent parcel was the city's. There were no plans for the event center to be adjacent to the rec center, currently. Ms. Laughlin added other parcels outside the city's downtown park system area were being looked at for the event center. The adjacent parcel was not large enough to accommodate it. Other areas of the park were encumbered, so they would not be touched either. Commissioner Mendive asked for additional information about the existing swimming pool. February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 4 of 10 Ms. Laughlin responded the item under consideration was for the CUP for the parcel in question for the rec center. It did not take into consideration any part of the existing pool area. Chairman Dalling asked if the city would get rid of the existing pool. Ms. Laughlin responded it was encumbered and that decision would have to be made at a later date. The applicant, the Boys and Girls Clubs of Elko (BGC), stated in their application it would like to renovate the existing outdoor pool and lease that area. Commissioner John Lemich asked if the new pool would be Olympic size. Ms. Laughlin responded it would be competition ready, but just 25 meters. Mr. Hannum confirmed it would not be a 50-meter pool. Commissioner Lemich asked if the variance for the setback was just along the boundary with the existing pool. Ms. Laughlin responded it was along that boundary and along Golf Course Road. If the BGC get to lease the existing outdoor pool area, the concrete patio on their parcel would ramp and step down to it. That was why it had been designed like that. Commissioner Michael Irish asked how certain a lease agreement would be. Ms. Laughlin said it was not part of the agenda item and didn't want it to be considered. The stairs and ramp could easily be removed from the design. ** A motion was made by Secretary Kamps, seconded by Commissioner Irish to conditionally approve Conditional Use Permit 1-24 subject to the conditions in the City of Elko Staff Report dated January 22, 2024, listed as follows: 1. The conditional use permit is granted to the property owner(s) allowing for the development of a Recreation Center 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 1-24 shall be recorded with the Elko County Recorder within 90 days after the commencement of the construction. February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 5 of 10  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. 5. 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. 6. A variance for the interior side yard and exterior side yard be approved prior to any permits being issued. Secretary Kamps' findings to support his recommendation are 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 development is in conformance with the existing transportation infrastructure and the Transportation Component of the Master Plan. 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 Conditional Use Permit and variance for the interior and exterior side yard setback reduction. 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 motion passed unanimously. (5-0) 3. Review, consideration and possible action on Variance 1-24, filed by Boys & Girls Clubs of Elko, Inc., to allow for a reduction of the exterior side yard setback from 52.875' to 15.5' and the reduction of the interior side yard setback from 65.8' to 9.31' for the development of a multi-purpose recreation center within a PQP Public, Quasi-Public zoning district, and matters related thereto. FOR POSSIBLE ACTION As part of the development of the recreation center, the parcel created by the City of Elko is of an unusual shape which makes it difficult to meet setback requirements. CL Mr. Hannum, as the applicant, was again available for questions. Ms. Laughlin went over the City of Elko Staff Report, dated January 23, 2024. Since this application pertained to the same parcel as the last item, she skipped down to the section discussing public, quasi- public zoning districts (pg. 4).The intent of the PQP district worked best with very large parcels. It was difficult to meet setback requirements on smaller parcels. Over the past 15 years, a number of variances have been granted for projects on smaller PQP-zoned lots within already built environments in established areas of the community - the Convention Center, Child Advocacy Center, VFW Hall, Elko Clinic, and Elko High School. The setback requirements were based off the dimensions of the building. From the streets (Golf Course Road and Country Club Drive), it was a distance of 1 1/2 times the height of the building. For the rear and interior yard setbacks, the distance was calculated as the height of the building, plus one additional foot for each five feet exceeding 35 feet of the length of the wall. The rear setback February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 6 of 10 was met. Due to the irregular shape of the property, the interior yard setback was not entirely being met, with the smallest distance between the building and the property line at 9.31'. The applicant was asking for a variance from the exterior and interior side yard setbacks. Requirements for maximum building height and maximum lot coverage were being met. Regarding Section 3-2-22, Variances, the parcel's irregular shape was due to the preservation of Johnny Appleseed Park and the swimming pool, and could not be expanded further. This facility could go in other zoning districts, like Commercial or Light Industrial that had smaller setbacks, but since it would be open to the public, it should be in a PQP zone. Due to its irregular shaped lot, it was difficult to meet the PQP's exceptionally large setback requirements. Staff felt it met all six requirements for approval of the variance. The report had 12 findings and recommended approval with the two listed conditions. Mr. Negron had no concerns or comments. Mr. Wilkinson, speaking on behalf of Engineering, recommended approval as presented by staff. Ms. Baum recommended approval as presented. Ms. Winrod had no comments. Secretary Kamps asked if there were any foreseen issues with the interior side yard setback being at 9 feet if the BGC was unable to lease the old swimming pool area. Ms. Laughlin did not see any issues. If the BGC could not lease it, the concrete patio area on this property would just extent to the property line as a walkway around the building. Commissioner Irish asked if the existing pool would remain vacant or be demolished. Ms. Laughlin said it would be a decision for City Council at a later date. Commissioner Irish asked if the city had been proactive or reactive to the project, because the footprint looked complex. Ms. Laughlin said the entire area had been surveyed and the parcel was created based on existing conditions. The applicant's architect was responsible for fitting the pool and the rec center into it. Commissioner Irish asked if the building could be slid over into the existing parking lot and the parking located elsewhere on the parcel. Ms. Laughlin said the rec center required a certain number of parking stalls, which was being met by the existing parking lot. She was not sure where else parking could go without getting rid of additional green space. Mr. Hannum confirmed it was the intent of the BGC to limit disturbance to existing amenities. February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 7 of 10 Commissioner Lemich asked if the property would be fenced on the basketball court side. Mr. Hannum said it would most likely not be fenced. It would be open to the park and still be a grass area. Chairman Dalling asked for additional information about parking. Ms. Laughlin explained under city code 3-2-17, parking requirements for the proposed use were calculated under the Gymnasium, Health Studios, Etc. category, which required 1 per 400 sq. ft. of usable floor area, plus one per each employee on the shift with the most employees. The building was around 27,000 sq. ft., but not all of it was usable space. Mr. Hannum added the highest number of employees on shift would be around 10. Ms. Laughlin said the existing parking lot was built for the City Park, but was not required by city code, as there were no parking requirements for parks. The rec center parking requirements would be met with it. Ms. Baum said the parking lot was part of the parcel that was conveyed to the BCG. As the owner, the BCG could make it private or public parking. Mr. Hannum added there was no reason for parking to be blocked off to those not going to the rec center. The same people that would be using the rec center would be the same people at the park. ** A motion was made by Secretary Kamps, seconded by Commissioner Lemich to conditionally approve Variance 1-24 for the reduction of the exterior side yard setback from 52.875' to 15.5' and the reduction of the interior side yard setback from 65.8' to 9.31' subject to the conditions in the City of Elko Staff Report dated January 23, 2024, listed as follows: 1. CUP 1-24 be approved prior to building permit submittal. 2. Commencement of any work required within one year and completion within eighteen (18) months. Secretary Kamps' findings to support his recommendation are the proposed variance 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 variance is in conformance with the existing transportation infrastructure and the Transportation Component of the Master Plan. The site is suitable for the proposed use. The proposed development is in conformance with the City Wellhead Protection Program. The proposed variance is in conformance with City Code 3-2-8 Public Quasi Public with the approval of a Conditional Use Permit and variance for the interior and exterior side yard setback reduction. 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. There are special circumstances or features to the parcel as it was created with the preservation of Johnny Appleseed Park and the existing swimming pool, which resulted in an usual shaped parcel. The shape of the parcel does not allow the building to be moved further February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 8 of 10 to the east to meet setback requirements. Such special circumstances or conditions do not apply generally to other properties in the same zoning district. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity. The granting of the variance will not substantially impair the intent or purpose of the zoning ordinance or effect a change of land use or zoning classification. Granting of the variance will not impair natural resources. The parcel is located within a designated Special Flood Hazard Area. The motion passed unanimously. (5-0) B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible action on the 2023 Annual Report of Planning Commission activities, and matters related thereto. FOR POSSIBLE ACTION Pursuant to City Code Section 3-4-23, the Planning Commission is required to prepare and present an annual report of its activities to the City Council. Rachel Randall, Planning Technician, went over the Planning Commission 2023 Annual Report. Eighty-one (81) applications were processed in the calendar year, with $16,675 collected in fees. This was down from 129 applications the previous year. Chairman Dalling agreed that it felt like less this year. There were a number of meetings that only lasted around 15 minutes. See continuation of item after Reports. VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported at the January 9th City Council meeting, the 2024 Planning Commission work program was approved. The annual appraiser list that was used for land sales was approved. Vacations 4-23 and 5-23 and the corresponding grant of easements along Golf Course Road were approved. These were part of the rec center development. A possible lease with the Elko Television District at the Elko SnoBowl was approved. The revocable permit (Rev 1-23), filed by Gary Chapin, for landscaping in right-of-way along his N. 5th Street property was also approved. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported there will be a Redevelopment Agency meeting on January 13th. Two applications for the infrastructure grant program were received. The agency would be making decisions on those, as well as their annual report. Secretary Kamps asked if action was needed on the Planning Commission annual report. Chairman Dalling said yes and returned to that item for the vote. February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 9 of 10 VI. NEW BUSINESS (continued) B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS (continued) 1. Review, consideration, and possible action on the 2023 Annual Report of Planning Commission activities, and matters related thereto. FOR POSSIBLE ACTION (continued) ** A motion was made by Commissioner Mendive, seconded by Secretary Kamps to approve the 2023 Annual Report of Planning Commission Activities as presented, and forward a recommendation to City Council to approve the report. The motion passed unanimously. (5-0) 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 February 6, 2024 City of Elko Planning Commission Meeting Minutes Page 10 of 10