Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, JUNE 4, 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 Mercedes Mendive Tony Odeh Absent: Garret Kamps John Lemich Michael Irish City Staff Present: Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager 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. May 7, 2024 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Odeh, seconded by Commissioner Mendive to approve the minutes from the May 7th, 2024, regular meeting. The motion passed unanimously. (4-0) June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 1 of 12  VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration, and possible action on Temporary Use Permit No. 1-24, filed by The City of Elko, to allow the continued use of the humanitarian campground located off Hot Springs Road, and matters related thereto. FOR POSSIBLE ACTION Council took action on March 18, 2014 approving the development of a temporary humanitarian campsite located on City property off Hot Springs Road. Friends in Service Helping (FISH) operated the camp under a Temporary Use Permit until 2017. On September 7, 2017, the Planning Commission approved TUP 4-17 for the City of Elko to operate the humanitarian campground for a five-year period which expired on September 7, 2022. CL Cathy Laughlin, City Planner, said in 2017, the council recommended a five-year term with an automatic five-year renewal, but the Planning commission’s motion was just for the five-year term. Staff forgot and she apologized for that. The application was taken to the council on May 14th, and they gave the same recommendation as before. She then went over the City of Elko Staff Report, dated May 15, 2024. Section 3-2-3, General Provisions, is the section of code that talks about temporary use permits (TUP), including temporary emergency shelters and campgrounds. Staff is recommending continuing the humanitarian campground under this TUP for a five-year period with an automatic five-year extension with the three listed conditions. It would only apply to the designated portion of the parcel, as shown on the site plan. Ken Snyder, 243 W. Oak Street, read his letter dated June 4, 2024, in as public comment. He objected, stating as a net result of the establishment of this camp, from his perspective, has been a disaster. (see meeting minutes packet) Chairman Dalling said the city keeps saying “temporary”, but they have had it for 10 years and want another 10 years. That sounds permanent. Is it temporary, or is it just under a TUP? Ms. Laughlin responded that the application is under a TUP because that's where the code allows for camping within city limits. Scott Wilkinson, Assistant City Manager, responded that staff is acting at the direction of the council to pursue the TUP. Everybody can acknowledge homeless issues are a significant burden upon any community that are not easily managed. For the city, this is a solution. Yes, we get people at the river, but we have the ability to send law enforcement down there to remove them because they have a place to go. If we don't have this camp, they can go into any right-of-way because Federal law allows it. The camp provides a centralized location for emergency response, clean water and sanitation facilities. June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 2 of 12  He has checked in with Mr. Snyder several times. When there were unruly campers, an 80-foot no- man zone between the camp and his property was established. If the city didn't have a homeless population tomorrow, we probably wouldn't have a camp there. It is not the highest and best use of the property, but after an extensive search for appropriate locations, this is the best location for the circumstances of the community. He recommends approval, but if the Planning Commission believes we should revisit it in another five years or maybe three years that is doable. Commissioner Mercedes Mendive said five years is entirely too long. Ralph Negron, Development Manager, recommended approval. Chairman Dalling said there were no concerns from the Engineering or Fire departments. Commissioner Tony Odeh asked if there is a schedule on when the city went to the camp. Mr. Wilkinson responded that he doesn’t have a set schedule. He typically goes weekly or every couple of weeks. The city does cleanups three to four times a year. There is also some surveillance from the shop across the street. Emergency responders go down there as needed. Vice-Chairman Stefan Beck said Mr. Snyder has legitimate complaints. He doesn’t want to just gloss over them because then the Commission wouldn’t be doing its job to serve the public. Mr. Snyder has as much right as anyone to have a property he can work at without bullet holes coming through his office and all the rowdy, rambunctious behavior that is a direct result of his neighbors. He doesn't think we should give up the camp, but feels the entire situation is sad. Mr. Snyder said he understands the city has a mandate to have a camp but wants to express his objections. It is a mess, but he doesn’t have a solution. The no-man zone that was put up helps immensely. Commissioner Mendive thanked Mr. Snyder for his comments, which allows the board to see it in a very different light. She has been to the camp, and it was truly shocking. She is not okay with people throwing feces or with any person of this community or otherwise being subjected to possibly being hurt permanently because of bullets or needles. There has to be something more that can be done to ensure the safety of persons on his property, but in a compassionate way that we can take care of the homeless. Commissioner Odeh said he didn’t think there should be an automatic renewal. He liked Mr. Wilkinson’s suggestion of it being revisited in three years. Chairman Dalling agreed. Since the last TUP expired in 2022, the city has already had two years, approving three more would still give them five years in total. Ten years would just be kicking the can too far down the road. September 7, 2027, would coincide with ten years from the date of the last TUP’s approval. June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 3 of 12  Commissioner Odeh added that since the property is zoned light industrial, it should be used for the correct use, especially with the lack of light industrial within the city. Hopefully it could be developed in five years. ** A motion was made by Vice-Chairman Beck, seconded by Commissioner Odeh to conditionally approve Temporary Use Permit 1-24 with conditions as stated in Staff Report dated May 15, 2024, listed as follows, and as modified by the Planning Commission: 1. The proposed use meets the requirements of city code 3-2-3-C-5. 2. The temporary use permit will expire on September 7, 2027. 3. The temporary use applies to the designated portion of parcel APN 001-677-001 as shown on site plan. Vice-Chairman Beck's findings to support his approval are this application is a continuation of the community’s desire to provide basic services in a humanitarian effort. The proposed use is in conformance with the Master Plan Land Use and Transportation components. The proposed use is in conformance with Elko City Code Section 3-2-3. The proposed use is in conformance with Elko City Code Section 3-2-17. The proposed use is in conformance with Elko City Code Section 3-8. The motion passed unanimously. (4-0) 2. Review, consideration and possible action on Conditional Use Permit No. 4-24, filed by RERE, LLC, which would allow for an industrial development within a LI- Light Industrial zoning district that abuts a residential zoning district, and matters related thereto. FOR POSSIBLE ACTION Any new industrial development that abuts a residential zoning district requires the approval of a conditional use permit. CL Mike Stephens, 376 Lookout Drive, Spring Creek, NV, applicant’s representative, said they are going to build six light industrial buildings. About a year ago, he sat down with city staff to discuss the project to make sure they are following all guidelines. Both Last Chance Road and Owl Road are under county jurisdiction. Michael Maupin, attorney for Tire Services Unlimited (TSU), said he did not have any comments regarding the overall use of the development, but would like to make a couple of comments regarding the execution of the project. (1) His client’s business transports very large tires and about nine months ago he redid some asphalt on his property. He wants to ensure that any utility work impacting his property is returned to its original state. (2) He wants to make sure there are measures taken to minimize business interruption and maintain adequate access. (3) He wants to make sure the project is being held to ordinary standards regarding dust mitigation. Jayme Martinez, attorney for TSU, added that this is anticipatory. They are looking for some kind of explanation regarding remedial measures to be taken to mitigate, minimize or eliminate business interruption. June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 4 of 12  Mr. Wilkinson responded that for utility work, there would be an expectation the pavement is replaced in accordance with what was constructed. We would need to know what was constructed - the depth of the paving, the depth of the base, etc., so it could be incorporated into the plans. The alignment of the utilities could maybe be deflected into the roadway to avoid any additional pavement improvements. Regarding dust control, the project is operating under a surface area disturbance permit issued by the state of Nevada. Their client can call the city or the Department of Environmental Protection (NDEP) with any complaints. As utility work is completed, there will be some traffic control. Because Last Chance Road is a county road, it will have to follow county guidelines. There will not be a street cut permit issued by the City of Elko. Ms. Martinez said because it is a city project that will cross county lines, she would like guidance from the council in terms of what the expectation would be from their client. Rachel Randall, 2311 Wildwood Way, asked for additional information on the city boundary and lighting. Mr. Wilkinson said typically when a property that abuts another jurisdiction is annexed, it is annexed to the midpoint of the dedicated road, but that is not the case for this property. Street improvements for this property will be governed by county development standards. Ms. Laughlin said regarding lighting, there is a 45-foot elevation difference between the property and the neighboring residential property. When a building permit is submitted, there will be a site lighting plan that will be reviewed for conformance to parking lot lighting requirements. Regarding TSU, she has spoken to the property owner about where his property boundary is. He has installed paving on Last Chance Road and Industrial Way, outside of his property line. Anytime there is a utility extension, it is required to patch back the street. Chairman Dalling asked if she could address the storm water detention areas. Ms. Laughlin said there will be two areas of storm water detention on the property. One is an open pond, and the other is under asphalt. The city requires storm water detention for runoff. Carter Engineering has provided a hydrology study. She also said the grading plan provided in the agenda packet is from the grading permit that has been issued for this project. She then went over the City of Elko Staff Report dated May 14, 2024. Owl Road has been bisecting straight through this property, but it was never intended to. An older map with the county shows it as an L-shaped easement, running parallel to the property. As part of this development, Owl Road will be paved out to Last Chance Road with that alignment. The city has been working with the county on this project. A maintenance agreement between the county and the developer has been worked out for Owl Road. A conditional use permit is required for the development because it abuts a residential zoning district. Under 3-2-12, a necessity of a screen wall can be considered by the Planning Commission. Because of the 45-foot elevation difference, staff is not recommending one. The report lists seven findings June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 5 of 12  and recommends conditional approval with seven conditions. The seventh condition being that all improvements to Last Chance Road will require Elko County approval. Mr. Negron had no comments and recommends approval. Chairman Dalling said there were no concerns from the Engineering or Fire departments. Mr. Wilkinson recommends approval as presented by staff. A condition could be added for the patching back of the roadway, if the Commission so chose. The other issues are self-correcting. Mr. Stephens said they are doing their best to stay in compliance with their SWPPP permit. They are diligently working on their dust control. There have been a couple of SWPPP inspections, and they are currently in compliance. They have made a concerted effort to stay on their side of Last Chance Road. Their contractor, Ruby Dome, knows exactly what was paved there and was going to reach out to TSU to try and set something up to ensure they would be happy with what will be put back in place. Beck Built Homes, the company he works for, aims to keep everybody in the surrounding area happy and to not damage or make anything worse. Sierra Petersen, 299 Rusty’s Rd., Coldwell Banker commercial real estate agent in Elko, said Elko is in dire need of light industrial properties. She appreciates the development. Mr. Maupin said for the most part they're all right. They would like a potential delay in approval until they can make sure the city’s assurances on the concerns that were voiced will be addressed. Ms. Randall said she lives in the mobile home park. She does not believe there was that much of an elevation difference on that side of the development. What about a screen wall there? Chairman Dalling asked if the city had a recommendation on a screen wall. Ms. Laughlin said the mobile home park was 4 feet higher in elevation. There is an existing fence, so she did not recommend a screen wall. Mr. Wilkinson said if the buildings were 16 feet tall, a screen wall of 6 feet plus the elevation difference would not fully block the development anyways. Those residences will face the back of the building as well, which will block a lot of noise and light. Chairman Dalling asked what the length of the property is on that side. Ms. Laughlin said 175 feet plus another 168 feet to where the topography starts to change. Chairman Dalling and Commissioner Odeh said a screen wall would not be warranted. Vice-Chairman Beck said he was good with everything. June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 6 of 12  ** A motion was made by Commissioner Odeh, seconded by Vice-Chairman Beck to conditionally approve Conditional Use Permit No. 4-24 subject to the conditions in the City of Elko Staff Report dated May 14, 2024, listed as follows: 1. That Conditional Use Permit No. 4-24 shall be personal to the permittee and applicable only to the submitted application conforming to the exhibits as presented. 2. The Conditional Use Permit will expire within one (1) year of the date of approval if the Applicant is not actively engaged in developing the property. 3. CUP 4-24 to be recorded with the Elko County Recorder within 90 days after the commencement of the construction of the first building. 4. Landscaping to include a plan showing locations and quantities of all landscape materials will be submitted and approved during building permit submittal to be in conformance with 3-2-12(A)(10). 5. The property, landscaping and buildings to be maintained in an acceptable condition at all times. 6. Any signage must be permitted and comply with Elko City Code 3-9. 7. Last Chance Road improvements will require Elko County approval. Commissioner Odeh's findings to support his approval are the proposed conditional use permit is in conformance with the Land Use component of the Master Plan. The proposed conditional use permit 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 3-2-12 LI, GI Industrial Zoning District with the approval of the Conditional Use Permit. The proposed development is in conformance with 3-2-3, 3-2-4, 3-2-17, 3-8 and 3-2-18 of the Elko City Code. The screen wall requirement stated in 3-2-3(J) is not necessary between this parcel and residential parcel at the terminus of Primrose Lane and Daisy Drive due to the change in topography. The motion passed unanimously. (4-0) After the vote, Mr. Wilkinson said anybody who needs to appeal this decision to the City Council can do so by reaching out to the planning department. It's time sensitive. B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible action on a transfer of Conditional Use Permit No. 9-19 to a new permittee, filed by Underground Bar LLC, which would allow for a bar establishment located within the Central Business District, and matters related thereto. FOR POSSIBLE ACTION A conditional use permit for a bar establishment at this location was approved on October 1, 2019 to KLB Enterprises, LLC. The business has just recently been sold to a new owner and therefore the transfer of the Conditional Use Permit is required prior to business license approval. CL June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 7 of 12  Ms. Petersen, the applicant’s representative, said Diamond and Caleb Sheldon couldn't make it tonight. They own the Clean Team and several other businesses in Elko and have a great reputation. They are applying for the conditional use permit (CUP) transfer. Ms. Laughlin went over the City of Elko Staff Report, dated May 6, 2024. The existing CUP was issued to KLB Enterprises in 2019. Any business within the central business district that would involve activities that are likely to discourage other businesses through light, noise, odors, types and levels of activity or the creation of a nuisance require a CUP. KLB Enterprises have since sold the bar to the new property owners and with that we have in our code an allowance to transfer the permit. The transfer includes the conditions of the existing CUP. The applicants received a copy of the permit and have agreed to continue under those conditions. The staff report lists six findings and the existing conditions – 7 from staff and 5 from the police department. The police department has reviewed this application and met with the applicants in preparing for their liquor license application. Chairman Dalling said some of the conditions were onerous – i.e. professionally trained security certified in the State of Nevada and metal detectors at the entrances. He asked Ms. Petersen if the applicants know what they’re getting into with these stipulations. Ms. Petersen said to her knowledge, they’ve reviewed everything and they're just waiting on approval. It's not going to be a dive bar anymore. So, a lot of this stuff is probably not applicable to them. Mr. Negron recommends approval. Chairman Dalling said there were no concerns from the Engineering or Fire departments. Mr. Wilkinson recommends approval as presented by staff. Chairman Dalling said the permit feels intrusive and anti-business. He said he did not understand why these come to the Planning Commission. A bar is exactly what you put in a downtown area. Restaurants, bars, entertainment, and shopping are why people go downtown. Commissioner Mendive said she understands they are willing to accept the stipulations but agrees with Chairman Dalling. It feels intrusive. Chairman Dalling asked what the applicant’s would need to do if they wanted to change any of the conditions. Mr. Wilkinson said the agenda item for tonight was specifically for the transfer of the existing permit. If they want to change the conditions, they will need to apply for another CUP. If with a new CUP application, staff has the same conditions and it’s approved, it could be appealed to City Council. Ms. Laughlin read a portion of city code 3-2-18(A)5. which reads, “Upon issuance of a conditional use permit, the conditional use permit shall therefore be transferable and shall run with the land, whereupon the maintenance or special conditions imposed by the permit (which those were already June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 8 of 12  imposed in 2019), as well as compliance with other provisions of the zoning district, shall be the responsibility of the property owner.” Vice-Chairman Beck said the applicants have agreed to the conditions and if they were concerned, they would be here. Commissioner Odeh asked what will happen when the business is sold in the future. Would they have to operate under the same conditions? Ms. Laughlin said when the business is sold, it will transfer to the new property owner again. If they choose to apply for a new conditional use permit to get different conditions, then that CUP will be transferred. Ms. Petersen said, for clarification, they did not buy the business. They're renting the building and they're keeping the name Underground. To her understanding, a CUP stayed with the building, but she found out no, whoever's opening the bar has to have the permit. Ms. Laughlin said that was because the existing CUP was issued to KLB Enterprises LLC, which was the previous bar owner / manager. It wasn’t issued to the property owner. Ms. Petersen said KLB Enterprises LLC is still the building owner. Chairman Dalling called for public comment without a response. ** A motion was made by Vice-Chairman Beck, seconded by Commissioner Mendive to conditionally approve the transfer of Conditional Use Permit No. 9-19 subject to the conditions in the City of Elko Staff report dated May 6, 2024, listed as follows: 1. The permit is granted to the applicant Underground Bar, LLC. 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 (548 Commercial Street) 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 9-19 to be recorded with the Elko County Recorder within 90 days after the business license is issued for the bar. 4. Applicant shall install and maintain exterior security lighting that illuminates both the Commercial Street frontage and the alleyway adjacent to and including the rear exit. 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 rear entrances, and shall be positioned so as not to cause excessive glare for persons located outside of the June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 9 of 12  vicinity of the front and rear entrances, such as pedestrians, motorists, and owners and occupants of neighboring properties. 5. Business hours to be determined as appropriate by the Planning Commission. Elko Police Department recommends opening time on Friday and Saturday of 4:00 p.m. or later and close time of 2:00 a.m. (following day) and an opening time on all other days of the week of 4:00 p.m. or later and close time of 1:00 a.m.(following day). 6. 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. 7. Applicant shall maintain outdoor receptacles in the rear of the property for the collection of garbage, refuse and waste of adequate capacity and in sufficient number to hold all garbage, refuse and waste that accumulates between removal or disposal. Police Department: 1. Communicate effectively and proactively with Elko Police Department regarding management and safety of the business, such as; provide notice as to management or supervision changes, problems with security, changes with lighting, camera systems, security, weapons polices, etc. 2. Professional trained security certified in the State of Nevada are required to be on staff during business hours. 3. Metal detectors at entrance are required. 4. Zero tolerance of employee consumption of alcohol while they are on shift. 5. Security cameras are required and a minimum of ten days stored video footage from the security system to be maintained at all times. Vice-Chairman Beck's findings to support his approval are the transfer of the conditional use is in conformance with the Land Use Component of the Master Plan. The transfer of 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. Transfer of the Conditional Use Permit for the proposed use is in conformance with section 3-2-10 of the Elko city code. Transfer of the Conditional Use Permit for the proposed use is in conformance with sections 3-2-3, 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. (4-0) 2. Review, consideration, and possible action on Temporary Use Permit No. 3-24, filed by Haunted Elko LLC, for the use of inflatable structures within a C (General Commercial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Haunted Elko LLC was approved a temporary use permit on June 6, 2023 for a one-year term which is about to expire. They would like to continue the use of the inflatable bounce park and structure in the parking lot of the Commercial Hotel. These structures would be used for family entertainment. CL June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 10 of 12  Chad Edwards, Commercial Fun Center/Haunted Elko LLC, 345 4th St., applicant, said they have simplified a little bit. One of the big issues they had last year was trying to approve that giant dome they were going to bring in. There ended up being a small defect in it, which will take at least a year to fix, so they're not seeking approval for that. They're just looking for approval for the inflatable bounce park as shown on the site plan. It will be used during the warmer months - spring, summer and into the fall. Then it will be packed up for winter. Their safety record has been impeccable. They track any issues or accidents that they have. They haven’t had any major issues. Unlike a trampoline park, the inflatable structure slows people down, so they’re not seeing a lot of injuries. When the temperature gets too hot, they will probably shut down. Ms. Laughlin said she isn’t going to go into much detail on the staff report (City of Elko Staff Report dated May 13, 2024) because not much has changed since the Commission heard it a year ago. Staff still believes it is a good development for our downtown and for the Commercial hotel property. It brings quite a few young families to the area. Las year, Mr. Edwards agreed to a one-year temporary use permit, to see how it worked out. Staff does not have any concerns and is recommending approval for a 5-year period. Mr. Negron recommends approval. Chairman Dalling said there were no concerns from the Engineering or Fire departments. Mr. Wilkinson recommends approval as presented by staff. Chairman Dalling called for public comment without a response. ** A motion was made by Vice-Chairman Beck, seconded by Commissioner Mendive to conditionally approve Temporary Use Permit No. 3-24 subject to the following conditions found in the City of Elko Staff Report dated May 13, 2024, listed as follows: Planning Department: 1. The use is permitted for a period of 5 years. 2. The temporary use applies to APN 001-264-001 for the specific use as outlined in the application and site plan. Vice-Chairman Beck's findings to support his approval are the proposed TUP is in conformance with the Land Use Component of the Master Plan. The proposed TUP is in conformance with the Transportation Component of the Master Plan. The proposed TUP is in conformance with Elko City Code 3-2-3(C)(5). The proposed TUP is in conformance with Elko City Code 3-2-17. The parcel is located in a designated flood zone X which has a minimal chance of flooding. The motion passed unanimously. (4-0) June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 11 of 12  VII. REPORTS A. Summary of City Council Actions No report. B. Summary of Redevelopment Agency Actions No report. 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 June 4, 2024 City of Elko Planning Commission Meeting Minutes Page 12 of 12