Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, MARCH 5, 2024 ELKO CITY HALL, COUNCIL CHAMBERS 1751 COLLEGE AVENUE, ELKO, NV 89801 I. CALL TO ORDER Kelly Wooldridge, City Clerk, called the meeting to order at 5:40 pm. The Chairman and Vice- Chairman were not present so she asked the board for a volunteer to chair the meeting. Commissioner Mercedes Mendive volunteered to run the meeting. The meeting proceeded under Chairman Pro Tem Mendive. II. ROLL CALL Present: Mercedes Mendive John Lemich Michael Irish Tony Odeh Absent: Jeff Dalling Stefan Beck Garret Kamps City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Kelly Wooldridge, City Clerk (left at 5:42 pm) 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. February 6, 2024 - Regular Meeting - FOR POSSIBLE ACTION March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 1 of 11 ** A motion was made by Commissioner Odeh, seconded by Commissioner Irish to approve the minutes of the February 6, 2024 regular meeting. The motion passed unanimously. (4-0) VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible action on Conditional Use Permit No. 2-24, filed by Lostra Enterprises, LLC, which would allow for a professional office within an RO (Residential Office) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Any commercial development within the RO - Residential Office zoning district, requires the approval of a CUP. CL Cathy Laughlin, City Planner, went over the City of Elko Staff Report, dated February 14, 2024. The property already had a conditional use permit, but it was for a medical office use. The new property owner was proposing a more professional office space that was not necessarily medical related, therefore a new conditional use permit was required. The property would be in conformance with sections 3-2-4 and 3-2-5 with the approval of Parcel Map 1-24, which addressed the lot width and rear setback. The board would hear that item later in the meeting. There were eleven findings and six conditions. Mike Lostra, Lostra Enterprises, applicant, said he was trying to clean up the property by fixing the rear yard setback and provide off-street parking for a professional office. He also asked the board to consider allowance for an illuminated sign, similar to the Farmers Insurance one across the street, which would only face towards Court Street, not towards neighboring properties. The remaining staff members, Ralph Negron (Development Manager), Scott Wilkinson (Assistant City Manager, speaking on behalf of Engineering), Jamie Winrod (Fire Marshall) and Jan Baum (City Manager) had no comments or concerns. ** A motion was made by Commissioner Irish, seconded by Commissioner Odeh to conditionally approve CUP 2-24 subject to the conditions in the City of Elko Staff Report dated February 14, 2024, listed as follows: 1. CUP 2-24 shall automatically lapse and be of no effect one (1) year from the date of its issue unless the permit holder is actively engaged in developing the specific property to the use for which the permit was issued. 2. The CUP 2-24 to be recorded with the Elko County Recorder within 90 days after the approval of the CUP. 3. The permit is granted to the applicant Lostra Enterprises LLC. for the use of a professional office. March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 2 of 11  4. 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. 5. Parcel Map 1-24 be approved and recorded prior to occupancy of the building. 6. Extension of the private reciprocal easement required with the adjustment of the property lines with Parcel Map 1-24. Commissioner Irish's findings to support his recommendation are the proposed conditional use is consistent with the Land Use Component of the Master Plan. The proposed conditional use meets Objectives 2 and 4 of the Land Use Component of the Master Plan. The proposed conditional use is consistent with the Transportation Component of the Master Plan. The proposed use, intensity of use and limitations of intensity of use will not create any significant cumulative issues on the existing transportation system. The proposed conditional use and repurposing the property and structure conforms to the Redevelopment Plan. The proposed conditional use is consistent with City of Elko Wellhead Protection Plan. The proposed use of the property and allowed uses under the RO-Residential Office zoning district do not present a hazard to City wells. The proposed use of the property requires a conditional use permit to conform to Section 3-2-3 of City code. The proposed conditional use based on conditional approval of Parcel Map 1-24 conforms to Section 3-2-4 of City code. The proposed conditional use is in conformance with Section 3-2-5(G) RO- Residential Office based on conditional approval of Parcel Map 1-24. The proposed development is in conformance with Section 3-2- 17 for a professional office development. The parcel is not located within a designated Special Flood Hazard Area. Development under 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 safety. The proposed conditional use permit is consistent with existing land uses in the immediate vicinity. The motion passed unanimously. (4-0) Additional discussion and action were taken on this item later in the meeting. 2. Review, consideration and possible recommendation to City Council for Rezone 1-24, filed by Summit Engineering Corp. on behalf of C.G. Morgan aka Calvin G. Morgan, Nancy L. Jones, trustee of the Nancy L. Jones Trust, and Michael Jimmy Lee, trustee of the Michael Jimmy Lee Revocable Intervivos Trust, for a change in zoning from AG (General Agriculture) to R (Single Family and Multiple Family Residential) Zoning District, approximately 9.89 acres, specifically APN 001-920- 013, located approximately 2,155' north of the intersection of Powder House Road and Elko Mountain Way, to allow for a potential residential development, and matters related thereto. FOR POSSIBLE ACTION March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 3 of 11  The property has been zoned General Agriculture since annexation into the City of Elko. The owners would like to sell the property to a potential residential developer which is in conformance with the Master Plan land use component. CL Ryan Cook, Summit Engineering, property owner representative, said the owners have owned the parcel for going on 40 years and would like to dispose of it. They were not developers themselves but would like to get it slated for future residential development, even though facilities in the area weren't quite there yet. Ms. Laughlin said when the property was annexed into the city, it was zoned agricultural by default. There were both agricultural and residential properties in the area - city of Elko landfill to the north, Tower Hill subdivision, and other residential development off Stitzel Road. She then went over the City of Elko Staff Report, dated February 14, 2024. The Master Plan Land Use Component designated this area as Medium Density Residential. The R district was a corresponding zoning district. The property would be accessed from Powder House Road, which was currently a 30-foot wide road easement, located in the county. As part of development, it would need to be brought into conformance with the Transportation Component of the Master Plan, and sections 3-2-4 and 3-2-5 of City Code. The report listed ten findings and staff recommended approval as presented. Mr. Negron had no comments or concerns. Mr. Wilkinson, speaking on behalf of Engineering, recommended approval. Neither Ms. Winrod nor Ms. Baum had any comments or concerns. ** A motion was made by Commissioner Irish, seconded by Commissioner Lemich to forward a recommendation to City Council to adopt an ordinance which approves Rezone 1-24. Commissioner Irish’s findings to support his recommendation are the proposed zone district is in conformance with the Land Use Component of the Master Plan. The proposed zone district is not compatible with the Transportation Component of the Master Plan and is not consistent with the existing transportation infrastructure but will be required to be in conformance with the Transportation Component as the property develops. The property is not located within the Redevelopment Area. The proposed zone district and resultant 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). The proposed zone district is in conformance with Elko City Code Section 3-2-5(E). The application is in conformance with Elko City Code 3-2-21. The proposed zone district is not 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. (4-0) March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 4 of 11  B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review and consideration and possible approval of Parcel Map 1-24, filed by Lostra Enterprises, LLC, including a Modification of Standards under Section 3- 3-25 of city code for proposed parcel 2 reducing the minimum lot width from 60 feet to 30 feet as required under Section 3-2-5(G) of city code, and matters related thereto. FOR POSSIBLE ACTION Subject properties are located on the north side of Court Street between 9th Street and 11th Street (APNs 001-241-033 and 001-241-034). The proposed parcels are zoned (RO) Residential Office district. One parcel is a professional office building and the other is undeveloped. Approval of the Parcel Map requires a Modification of Standards for the reduced minimum lot width from 60 feet to 30 feet as required under Section 3-2-5(G) of city code for proposed parcel 2. The approval process requires both the Planning Commission consideration and recommendation and, ultimately, City Council approval. Mr. Lostra, applicant, reiterated the parcel map was to clean up the rear yard setback and provide the appropriate off-street parking for Parcel 1, as well as extend an existing access easement to Parcel 2. Mr. Negron went over the City of Elko Staff Report, dated January 30, 2024. The application was found to be in general compliance with the applicable Master Plan Components and sections of City Code. It was evaluated based on the existing conditions and current development of the properties. The proposed parcel map was a revision of the interior property line between Parcel 1 and Parcel 2. Parcel 1 was developed as a single-family residence, but had been used as a business under a CUP. Parcel 2 was undeveloped. There were existing public improvements along both property frontages. They were located within the redevelopment area. Parcel 2 did not conform to the 60-foot front lot dimension under section 3-2-4. A modification of standards was considered under section 3-2-25 to allow for a 30-foot wide frontage. It was justified based on the following: the parcels currently exist with a flag configuration, Parcel 1 was developed and did not meet setback requirements, the proposed parceling would address that; and the proposed parcels met all code requirements with the exception of the parcel street frontage. Staff recommended conditional approval with the listed conditions. Ms. Laughlin recommended conditional approval as presented. Mr. Wilkinson, speaking on behalf of Engineering, recommended conditional approval as presented. Ms. Winrod had no comments or concerns. Ms. Baum recommended approval as presented. Commissioner Michael Irish asked what a jurat was (from condition #3). Ms. Laughlin said it was a signature box on the map. March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 5 of 11 Commissioner Irish asked what the plan was for Parcel 2. Mr. Lostra said he didn't know what they were going to do with it yet, but the lot line was being moved back far enough to provide appropriate off-street parking for Parcel 1. Commissioner John Lemich asked where the parking was going. Mr. Lostra said it would be on the side. Commissioner Lemich asked if they abutted his old office because there wasn't an alley in that block. Mr. Lostra said they were connected. Ms. Laughlin brought up the site plan and indicated where the parking spaces for Parcel 1 would go. Commissioner Tony Odeh asked if Mr. Lostra's request for a sign had been considered yet. Ms. Laughlin said a sign was permitted within an RO district with a sign permit. Mr. Lostra said he thought the RO district didn't allow for an illuminated sign. That's what he wanted considered. Mr. Wilkinson said he didn't believe a conditional use permit could be used to vary from code. If the code prohibited an illuminated sign, the applicant would have to seek a variance for the sign permit. A conditional use permit allowed for a use to become a principal use with appropriate conditions on a particular property. Ms. Laughlin pulled up the RO district section of 3-2-5 where under sub-section (F), item 7.c. authority to modify the sign regulations was allowed as part of the conditional use permit procedure. She said action on the item had already been taken. To make changes, it would have to be reopened and the motion amended. ** A motion was made by Commissioner Odeh, seconded by Commissioner Irish to forward a recommendation to City Council to conditionally approve Parcel Map No. 1-24 including a Modification of Standards under Section 3-3-25 of city code for proposed parcel 2 reducing the minimum lot width from 60 feet to 30 feet as required under Section 3-2-5(G) of city code subject to the conditions from the Staff Report dated January 30, 2024, listed as follows: 1. Revise the identification of access, drainage and utility easement to eliminate the duplicate word “utility”. 2. Add a jurat for the City Planning Commission and a jurat for the City Council. 3. The parcel is approved with a modification of standards for Parcel 2 reducing the street frontage to 30 feet from the required 60 feet stipulated in code. 4. The Parcel Map shall be recorded by Elko County within two (2) years of this approval. March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 6 of 11 Commissioner Odeh's findings to support his recommendation are the parcel map conforms with the City of Elko Master Plan Land Use and Transportation Components, the City of Elko Redevelopment Plan, the City of Elko Wellhead Protection Plan, and the City of Elko Code Sections 8-21-3, 3-2-4, 3-2-5(B), 3-8, 3-3-24, 3-3-28. The motion passed unanimously. (4-0) Chairman Pro Tem Mendive went back to Item VI.A.1. for further discussion. A. PUBLIC HEARING (Cont.) 1. Review, consideration and possible action on Conditional Use Permit No. 2-24, filed by Lostra Enterprises, LLC, which would allow for a professional office within an RO (Residential Office) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Any commercial development within the RO - Residential Office zoning district, requires the approval of a CUP. CL Chairman Pro Tem Mendive asked the applicant for more information about the sign. Mr. Lostra said he would like a backlit illuminated sign similar to the one on his property at Silver Street and 6th Street. The Farmers Insurance business across the street had an illuminated sign. If an illuminated sign was approved, he suggested including language in the motion that would have the sign point towards Court Street and not the neighbors. He had a photo of the Farmers Insurance sign if the board wanted look. Commissioner Irish said that would be helpful to better understand how bright the light might be and how they could mitigate for the neighbors (see minutes packet). Ms. Laughlin asked if Mr. Lostra agreed to not exceed the size limits specified in code - 6 feet in height and 12 sq. ft. in area. Mr. Lostra agreed. ** The motion was restated and amended by Commissioner Irish, seconded by Commissioner Odeh to conditionally approve Conditional Use Permit No. 2-24 subject to the conditions in the City of Elko Staff Report dated February 14, 2024, listed as follows and as modified by the Planning Commission: 1. CUP 2-24 shall automatically lapse and be of no effect one (1) year from the date of its issue unless the permit holder is actively engaged in developing the specific property to the use for which the permit was issued. 2. The CUP 2-24 to be recorded with the Elko County Recorder within 90 days after the approval of the CUP. March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 7 of 11  3. The permit is granted to the applicant Lostra Enterprises LLC. for the use of a professional office. 4. 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. 5. Parcel Map 1-24 be approved and recorded prior to occupancy of the building. 6. Extension of the private reciprocal easement required with the adjustment of the property lines with Parcel Map 1-24. Planning Commission 1. Approval of an illuminated sign which shall not exceed 6 feet in height, 12 square feet in total, and that shall face only Court Street, not towards neighbors, as allowed under City Code section 3-2-5 (F)7.c. Commissioner Irish's findings to support his recommendation are the proposed conditional use is consistent with the Land Use Component of the Master Plan. The proposed conditional use meets Objectives 2 and 4 of the Land Use Component of the Master Plan. The proposed conditional use is consistent with the Transportation Component of the Master Plan. The proposed use, intensity of use and limitations of intensity of use will not create any significant cumulative issues on the existing transportation system. The proposed conditional use and repurposing the property and structure conforms to the Redevelopment Plan. The proposed conditional use is consistent with City of Elko Wellhead Protection Plan. The proposed use of the property and allowed uses under the RO-Residential Office zoning district do not present a hazard to City wells. The proposed use of the property requires a conditional use permit to conform to Section 3-2-3 of City code. The proposed conditional use based on conditional approval of Parcel Map 1-24 conforms to Section 3-2-4 of City code. The proposed conditional use is in conformance with Section 3-2-5(G) RO- Residential Office based on conditional approval of Parcel Map 1-24. The proposed development is in conformance with Section 3-2- 17 for a professional office development. The parcel is not located within a designated Special Flood Hazard Area. Development under 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 safety. The proposed conditional use permit is consistent with existing land uses in the immediate vicinity. The motion passed unanimously. (4-0) March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 8 of 11  B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS (Cont.) 2. Review, consideration, and possible action to initiate an amendment to the City Zoning Ordinance, specifically Section 3-2-18 Conditional Use Permits, and matters related thereto. FOR POSSIBLE ACTION The Planning Department issues home occupation permits which are conditional use permits for a business located in a residence. The current code only allows one business per residence and doesn't have exceptions for businesses which are 100% online with no customers coming to the home. Businesses have changed since covid and the code needs to be amended to reflect some of the changes. CL Ms. Laughlin said under city code section 3-2-18, Conditional Use Permits, was sub-section G, Conditional Use Permit for Home Occupation. The Planning department issues around 50 or so home occupation permits a year for businesses that operate out of their home. In addition to the permit, the permittee is required to get a city business license. Revisions to the city business license code are being worked on by the city clerk so it made sense for this section of code to be amended at this time. Since COVID, a tremendous amount of applicants have come in wanting a home occupation permit for more than one business at a single residence. For example, a husband with a handyman business working outside the home, a wife with an online t-shirt business and a rental management business. There would be three business licenses, but none of them would bring customers to the home. Under current code, the city can't approve it without an umbrella LLC for all three businesses to operate under. So the city is considering changing the conditions of the permits without changing the intent of having the home remain as a home. It shouldn't appear as if it is a business nor be disruptive to neighboring properties with increased traffic, advertising, etc. For example, maybe the city could allow more than one home occupation in any dwelling unit as long as the condition of not exceeding five customers per day was a condition for all businesses at the unit combined. This item was to initiate an amendment. It would be brought back to Planning Commission as a public hearing of an ordinance, showing staff's proposed changes. Then it would go to City Council for two readings. Commissioner Odeh enquired about property owner verification. Ms. Laughlin said the property owner signed the application form giving permission for the applicant to apply for the home occupation. It was required for all applicants who were not the property owner, including apartments and rentals. One of the other changes staff wanted to make was to clear up which uses would not be allowed a permit. For example, some services governed by the Nevada State Board of Cosmetology required a technician to work out of a salon, such as hairdressers, nail technicians and massage therapists. However, makeup artists could work from their homes. Staff would be looking at if a use produced noise, odors, death, smoke, electrical disturbances, or interfered with the quiet, peace and enjoyment of the surrounding residential uses. March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 9 of 11 A draft of the proposed changes, using a track changed document, would be brought back to the board as many times as needed before a motion was made to take it to City Council as an ordinance. She recalled the new zoning district up N. 5th Street took around five Planning Commission meetings before it went to City Council. Commissioner Odeh asked if the tax rate went up on a property because of a home occupation. Ms. Laughlin said no, because it was still considered residential. Chairman Pro Tem Mendive asked about estheticians. Ms. Laughlin said they were governed by the Nevada Board of Cosmetology. An application had come in this week for an esthetician home occupation license and it had to be denied because it would be a violation of their state license. Chairman Pro Tem Mendive asked how the changes would simplify the process. Ms. Laughlin said it would allow for more than one business in a home. Right now, only allow one home occupation was allowed in any dwelling unit. So if a lady came in and wanted a business for cleaning services and she wanted a home occupation so she could get a city business license, but her husband came in and wanted to get a handyman home occupation, it wouldn't be allowed. With the changes, as long as the businesses together were not disruptive to the neighborhood they would be allowed. Commissioners Odeh and Irish and Chairman Pro Tem Mendive thought that was a great idea. ** A motion was made by Commissioner Irish, seconded by Commissioner Odeh to initiate an amendment to the City Zoning Ordinance, specifically Section 3-2-18 Conditional Use Permits and direct staff to bring the item back as a public hearing. The motion passed unanimously. (4-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported at the February 13th City Council meeting, the public improvements of the Copper Trails Phase 2, Unit 2 subdivision were conditionally accepted. A portion of Dotta Drive right-of-way was vacated (Vac 6-23). The related grant of easements over the vacated area were also accepted. The annual Planning Commission report was accepted. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported there was a Redevelopment Agency meeting scheduled for next Tuesday. One of the items was for authorization to go out to bid on the sidewalk project for the 400 block of Railroad Street and Commercial Street and the 500 block of Commercial Street. It was a $2 million March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 10 of 11 project the agency would be doing this summer. Work would include landscaping (trees, electrical outlets for tree lighting, plants, shrubs, flowers), ADA accessibility bulb-outs on the block ends, and rebuilding utility lines and the streets. The design was based off the 30% plan from a consultant who had been hired many years ago. The sidewalk area was engineered by Bob Thibault. A landscape architect was hired for the landscape portion and an electrical engineer was hired for the electrical. She also reported the storefront grant program was open right now, until the end of March. VIII. COMMENTS BY THE GENERAL PUBLIC Mr. Wilkinson apologized for misdirecting the board about the CUP heard earlier. His comments were based on several conversations he had with the city's legal group in the past about not varying from the code with a CUP. ADJOURNMENT There being no further business, the meeting was adjourned Jeff Dalling, Chairman Garret Kamps, Secretary March 5, 2024 City of Elko Planning Commission Meeting Minutes Page 11 of 11