Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, MAY 7, 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 Absent: Michael Irish Tony Odeh City Staff Present: Scott Wilkinson Cathy Laughlin Ralph Negron Jamie Winrod Rachel Randall III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments at this time. V. APPROVAL OF MINUTES A. March 5, 2024 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Mendive, seconded by Commissioner Lemich to accept the minutes of the March 5th, 2024 regular meeting as presented. The motion passed unanimously. (5-0) May 7, 2024 City of Elko Planning Commission Meeting Minutes Page 1 of 6 VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible action on Conditional Use Permit 3-24, filed by Nevada Classical Academy Elko, which would allow for a public charter school within the C- General Commercial zoning district, and matters related thereto. FOR POSSIBLE ACTION The Nevada Classical Academy Elko would like to occupy 1031 Railroad Street Suite 107 for a new public charter school. The property is currently being used as a charter school but they were not required a conditional use permit at the time of development. Schools are considered a public, quasi-public use which are required approval of a conditional use permit in the C- General Commercial zoning district. CL Lee Hoffman, 1085 Barrington Avenue, applicant's representative, said the facility is currently in use as a charter school. It has been successfully operating there since 2009, fifteen years. It has outgrown the facility, and it makes a perfect opportunity for a new charter school. There will be little impact that isn't already there. Cathy Laughlin, City Planner, went over the City of Elko Staff Report, dated April 25, 2024. There were eight findings and staff recommended conditional approval with the four listed conditions. Chairman Dalling asked about traffic lights. Ms. Laughlin said they were not required. The area was a school zone and it had proper signage. Ralph Negron, Development Manager, had no comments or concerns. Jamie Winrod, Fire Marshal, had no comments or concerns. Scott Wilkinson, Assistant City Manager, recommended approval as presented by staff. Staff did not see the need for a traffic study because of the distance from intersections. The traffic volumes on Railroad Street don't even begin to compare to W. Silver Street. Commissioner Mercedes Mendive asked which grades will be served. Mr. Hoffman responded they will start out with kindergarten through third. They hope to expand over subsequent years. They also have to present their plan to the state public charter school authority, so it knows they are thinking about expanding. The current charter school has an extensive waiting list. So there really is a demand and need in the community for a classical liberal education. Chairman Dalling said it will be a good fit. May 7, 2024 City of Elko Planning Commission Meeting Minutes Page 2 of 6 ** A motion was made by Commissioner Mendive, seconded by Secretary Kamps to conditionally approve Conditional Use Permit 3-24 subject to the conditions in the City of Elko Staff Report dated April 25, 2024, listed as follows: 1. The permit is granted to the applicant Nevada Classical Academy Elko. 2. 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. 3. CUP 3-24 to be recorded with the Elko County Recorder within 90 days after the commencement of the use as a charter school. 4. Any signage must be permitted and comply with Elko City Code 3-9. Commissioner Mendive's findings to support her approval 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 conditional use permit meets Objectives 2, 6 & 8 of the Land Use Component of the Master Plan. The proposed development is in conformance with the existing transportation infrastructure and the Transportation Component of the Master Plan. The proposed use is in conformance with the City Wellhead Protection Program. The proposed use is in conformance with City Code 3-2- 10 Commercial Zoning Districts with the approval of the Conditional Use Permit. 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 parcel is not located within a designated flood zone. 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) B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible action on Temporary Use Permit No. 2-24, filed by TRG LLC, for the temporary use of a mobile office within a LI (Light Industrial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION TRG LLC was approved Temporary Use Permit 2-23 for a one year period of time. The TUP will expire on June 6, 2024 and the applicant has stated they need additional time to complete their project. CL Ira Rackley, technical officer for TRG, applicant's representative, said other people want to come in as part of this geothermal development who have different methods of testing the water, which is the reason for the additional time needed. They are asking for one year. May 7, 2024 City of Elko Planning Commission Meeting Minutes Page 3 of 6 Ms. Laughlin said Elko Heat has a franchise agreement to operate within the city. They are doing a large future project within our community, and this is just the first step. If the Commission feels it is warranted to go longer than one year, staff would be in support of that. During the review of the temporary use permit application submitted last year, TRG was in the process of purchasing Elko Heat. The purchase has since been completed. The subject properties are across W. Main Street from the Elko Heat discharge pond, which is the fountain by the jail. They are proposing a temporary structure similar to a job site trailer for treating and testing their water system. She then went over the City of Elko Staff Report, dated April 25, 2024. There were five findings and she recommended conditional approval with the three listed conditions. Condition #1 states the permit be issued for a period of one year. Mr. Negron had no comments or concerns. Ms. Winrod had no comments or concerns. Mr. Wilkinson recommended approval as presented by staff and would be supportive of additional time if the Planning Commission determines it appropriate. Vice-Chairman Stefan Beck enquired about the scope of the overall project. Will they eventually build a power plant, or will it just be local heating for structures? He is in support of geothermal projects. Mr. Rackley said they recently completed an in-depth geologic evaluation of the Elko fault and also identified that there are actually two Elko faults. In that area they are going to drill for a deep geothermal well, probably 10 to 15 thousand feet, and get into the fracture zone. At that depth it would be an enhanced geothermal development by the EPA. It would be a down hole heat exchanger that would generate inside the fence power for the facilities that other people are discussing with the company. Wattage will be dependent on how hot the water is, which is unknown at this time. Secretary Garret Kamps said the application says 6 to 8 months. He asked Mr. Rackley to clarify the amount of time being requested. Mr. Rackley said one year. Drill rigs are hard to find. There is one scheduled to be here the first half of June, but if that doesn't work out, it would probably be four or five months to get another one. Vice-Chairman Beck asked if there was a time limit on temporary use permits. Ms. Laughlin said no. Commissioner John Lemich asked for clarification on the timeline. Would it be for the start of drilling? Ms. Laughlin said no. It would be for placement of the modular trailer for water testing. Once they know what's in the water then they're going to be drilling and all sorts of other things. This is just part of that project. Commissioner Lemich asked if there were plans for a permanent building. May 7, 2024 City of Elko Planning Commission Meeting Minutes Page 4 of 6 Ms. Laughlin said not at this location, but possibly at another. Vice-Chairman Beck said these things usually take longer than you think. Would it be easy to just get another year, or could we just go for two years now? Ms. Laughlin said for this application, they had to pay a new filing fee and reapply for a brand new temporary use permit, because city code doesn't have an option for an extension. If we give them one year and they end up needing 18 months, they will be back next year with another application. Chairman Dalling said they are only looking for 6 to 8 months and asking for a year. If we give them more, there is no incentive to finish any sooner. He was comfortable giving them one year, but no more. Vice-Chairman Beck was okay with that, but said time is money and they're going to try and get it done as fast as they can anyway. Chairman Dalling said maybe city code could be cleaned up to include an option to file for an extension. ** A motion was made by Vice-Chairman Beck, seconded by Commissioner Mendive to conditionally approve Temporary Use Permit 2-24 subject to the conditions as presented in the staff report dated April 25, 2024, listed as follows: Planning Department: 1. The use is permitted for a period of 1 year. 2. The temporary use applies for the specific use and location as outlined in the application and site plan. 3. Outdoor storage is prohibited. Vice-Chairman Beck's findings to support his approval are the proposed temporary use permit is in conformance with the Land Use Component of the Master Plan. The proposed temporary use permit is in conformance with the Transportation Component of the Master Plan. The proposed temporary use permit is in conformance with Elko City Code 3-2-3(C)(5). The proposed temporary use permit is in conformance with Elko City Code 3-2-17. The parcel is not located in a designated flood zone. The motion passed unanimously. (5-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin said there have been a few City Council meetings since the board's last meeting in March. City Council took the following actions in March: the parcel map for Lostra Properties on Court Street was approved; a resolution vacating a portion of W. Main Street in front of the Peterbilt building was approved, along with a grant of easement to the city over the same area; and they did the first reading of the ordinance for the rezone application for the 10 acres near the landfill. May 7, 2024 City of Elko Planning Commission Meeting Minutes Page 5 of 6 City Council took the following actions in April: they did the second reading of the ordinance for the same rezone application; two deeds of dedication were approved for property owned by the City - one on Mittry Avenue and another on N. 5th Street; a revocable permit to EA Designs was issued for the use of a sidewalk service access door in front their business in the 500 block of Commercial Street; Jarbridge Estates was conditionally approved; and an easement for public utilities and public & private access was granted to the Boys and Girls Club, along with a lease agreement, for the outdoor swimming pool area. B. Summary of Redevelopment Agency Actions Ms. Laughlin said at the last RDA meeting, there was a storefront grant approved to DDS Properties for their building at the corner of Mountain City Highway and Idaho Street. The property is owned by the railroad. The bid received for the sidewalk project was not accepted. Only one bid was received, and it was extremely high compared to the engineer's estimate. The Agency does not have the funds to do the project at that price ($2.3 million), so it will be delayed until next year. Chairman Dalling said the advisory board for the Agency only approved sidewalks, not all the other things (streets, utilities, landscaping, etc.). What happened? Ms. Laughlin said in order to lower the sidewalk, the street needs to be built up. When that happens, you run into things such as storm drain, water lines, water meters, irrigation. You can't just replace the sidewalks without doing all of the other items. Since only one bid was received, the city doesn't know if it was a good bid or an inflated bid. If it had received two or three and they were all around $2.3 million, then it could say something was wrong with the engineer's estimate. It will go back out to bid in January/February of next year, with a start date in April/May. The city is also going to extend the timeline from 120 days to 150 days, in hopes of getting a little bit more interest. Lastly, an item to reconsider the relocation of trees in the project area was tabled. It will be on a future RDA agenda. 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 May 7, 2024 City of Elko Planning Commission Meeting Minutes Page 6 of 6