Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, AUGUST 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 Mercedes Mendive John Lemich Michael Irish Tony Odeh Absent: Stefan Beck Garret Kamps City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Jamie Winrod, Fire Marshal Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments at this time. V. APPROVAL OF MINUTES A. June 4, 2024 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Odeh, seconded by Commissioner Mendive to approve the minutes from the June 4th, 2024, regular meeting. The motion passed unanimously. (5-0) August 6, 2024 City of Elko Planning Commission Meeting Minutes Page 1 of 8  B. July 2, 2024 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Odeh, seconded by Commissioner Irish to approve the minutes from the July 2nd, 2024, regular meeting. The motion passed unanimously. (5-0) VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible recommendation to City Council for Rezone No. 2-24, filed by Christopher Beardmore, for a change in zoning from AG (General Agriculture) to R (Single Family and Multiple Family Residential) Zoning District, approximately 2.998 acres, to allow for future residential development, and matters related thereto. FOR POSSIBLE ACTION When a property is annexed into the City of Elko, it defaults to AG - General Agriculture zoning district. The proposed zoning would be consistent with the master plan land use. CL Chairman Dalling asked if the applicant has a presentation. Cathy Laughlin, City Planner, said the applicant is not available due to a flight delay. Chairman Dalling called for public comments. James Hedrick, 1925 Circle Way, said the tribe has always had a long-standing agreement with the previous owners, which included an alleyway behind the property of about 15 feet (southern side abutting the Elko Colony). They were willing to donate it to the Te-Moak Tribe of Western Shoshone. The colony’s community is mostly gentrified right now, so there are not many issues, but some of them have already used the alleyway. Once they pass on, there might be logistical nightmares and jurisdictional issues between the Elko Police Department and the Bureau of Indian Affairs with the newcomers. On the upper colony, a six-foot chain-link fence with a trench was installed to keep kids from crossing jurisdictional lines. He proposes allowing the alleyway to exist as a buffer. Chairman Dalling asked if there is anything recorded with the City. Ms. Laughlin said there is nothing recorded for those 15 feet. The property owner is aware of the encroachments. He's been working with his legal team on solutions and having discussions with the City. A couple ideas have been granting each property owner the additional 15 feet with a parcel map or creating something similar to an HOA for that area. The problem is the City can't enlarge the sovereign nation of the tribal area, and the city boundary line is right on that property line. Mr. Beardmore does not have any plans for development right now. August 6, 2024 City of Elko Planning Commission Meeting Minutes Page 2 of 8 Mr. Hedrick said there were discussions between Mr. Beardmore and the local tribe about possibly buying this parcel, or a small portion of it. He thinks the only way to get around it would be at the federal level because it is a sovereign nation. He recommends further negotiations and talks. As soon as new people come into the colony, it's going to get rowdy and there will be issues like there were in the upper colony. Chairman Dalling called for any other public comments without a response. Ms. Laughlin went over the City of Elko Staff Report, dated June 17, 2024, which lists ten findings and recommends approval. The applicant owns the adjacent property to the north, which was rezoned about a year ago. The master plan land use component designates this area as medium-density residential. The R (Single-Family, Multi-Family Residential) zoning district is a supporting zoning district. The zone change meets objectives #1 and #8. Regarding the master plan transportation component, the zone change is compatible. As the property develops, the City will ask for a dedicated right-of-way of the current easement running through the property for an extension of Ruby Vista Drive which would tie into Spruce Road. Ralph Negron, Development Manager, recommends approval. Jamie Winrod, Fire Marshal, has no comments or concerns. Jan Baum, City Manager, recommends approval. Commissioner Michael Irish noted the provided plot plan shows an existing 16.5-foot-wide utility easement along the property’s southern boundary. Ms. Laughlin said there are easements on the property, but there are also encroachments from the tribal properties. There is a water line lateral for the property to the north which runs along a dirt road in an easement going through the property. That will get relocated into a new easement within the public right-of-way of Spruce Road. Water and sewer will also be required to be extended with the extension of Ruby Vista Drive. ** A motion was made by Commissioner Mendive, seconded by Commissioner Lemich to forward a recommendation to City Council to adopt an ordinance, which approves Rezone No. 2-24, based on the facts and findings as listed in staff report dated June 17, 2024. The motion passed unanimously. (5-0) After the vote, Chairman Dalling said to Mr. Hedrick it sounds like they are on the right track with Mr. Beardmore. There's just nothing the Commission can do to enforce the alleyway. Mr. Hedrick said the previous owners put up a fence that Mr. Beardmore took down. He told them they could use it as their alleyway and do what they needed to with it. Mr. Hedrick said he knows there was no record of it, but that was back in the 1960s, so there may be a racial issue going on. August 6, 2024 City of Elko Planning Commission Meeting Minutes Page 3 of 8 Chairman Dalling suggested he check in with Ms. Laughlin, as well as attend the upcoming City Council meetings, as the Council will make the final decision. Ms. Baum said the meetings are scheduled for Tuesday, August 13th, and Tuesday, August 27th, at 4 PM. 2. Review, consideration and possible recommendation to City Council for Rezone No. 3-24, submitted by the Elko Institute for Academic Achievement, the Property Owner, by and through its representative, Armstrong Development Properties, Inc., for a change in zoning from PQP (Public, Quasi-Public) Zoning District to C (General Commercial) Zoning District, approximately 11.38 acres of property, to allow for commercial development, and matters related thereto. FOR POSSIBLE ACTION This zone amendment, if approved, reverts the property back to Commercial zoning as it was prior to the proposed development of the Charter school on this parcel. CL Robin Reynolds, Armstrong Development Properties, Inc., Sacramento, CA, applicant, was in attendance via GoTo. Armstrong Development is looking to develop a grocery-anchored shopping center on this property. It will be a benefit to the community because it is more central to where many people live compared to other grocery stores. She is available for questions. Chairman Dalling called for public comments. Julie Byrnes, 1213 Fairway Drive, said she opposed the zone change. She lives in the residential neighborhood right behind this property, which only has one entrance/exit at the top of Ruby Vista Drive. There has been very little control of the traffic on Ruby Vista Drive over the years, but the area continues to develop. Some examples include the Sinclair station, growth of the college, including student housing, the state offices, and Newe. Ruby Vista Drive is also used by parents going to and from Adobe Middle School and Flagview Intermediate School. Her biggest concern is traffic, and it will only get worse. She is also concerned about noise levels and an increase in crime. Chairman Dalling asked if a traffic study has been done and if it warranted lights. Ms. Laughlin said yes, but it didn’t warrant any lights. Ken Morgan, 200 Keppler Drive, said he has the same concerns as Ms. Byrnes about the traffic. During school times, Ruby Vista Drive is a nightmare. There’s too much going in - gas station, car wash, shopping center, storage. Their online proposal brags about I-80. Will there be an off-ramp? He hasn’t heard of one. So how are cars going to get off the interstate and get over here to shop, except through the neighborhoods? Traffic control of some kind would be needed. He is also concerned about noise and light pollution. Ms. Byrnes added that even with stop lights, it's going to be so congested. August 6, 2024 City of Elko Planning Commission Meeting Minutes Page 4 of 8 Kathy Taylor, 1238 Fairway Drive, said her backyard abuts the property. The development would kill the ambiance of her quiet neighborhood. She was okay with the school going in there because she used to be a teacher, but she is against this development and views it as a little mall. Ms. Byrnes said there will be a lot of foot traffic from the college. Because student housing is located on the west side of College Parkway, students will have to cross the street. She thinks the traffic will be very dangerous for pedestrians. Ms. Laughlin went over the City of Elko Staff Report, dated July 18, 2024, which lists nine findings and recommends approval. Prior to being zoned Public, Quasi-Public in 2021, the property was Commercial. The current owner, Elko Institute of Academic Achievement, is under contract to sell it to Armstrong Development. The master plan land use component calls this area out as general commercial. The C (Commercial) zoning district is a supporting zoning district. The zone change meets objectives #6 and #8. Regarding the master plan transportation component, the property will be accessed from Ruby Vista Drive, which is classified as a minor arterial, and College Parkway, which is classified as a commercial industrial collector. A traffic study has been done and it has been reviewed by staff, but it is not part of this application because development of the property is not being considered under this item. Pedestrian connectivity already exists for the property. Chairman Dalling reiterated this item is for the zone change and not for the businesses that go in. A conditional use permit will be needed for the development. He asked Ms. Laughlin if she could share a little bit about the traffic study. Ms. Laughlin said the traffic study recommends an access point centrally located on Ruby Vista Drive and a T-intersection with a stop sign at the northwest corner (College Parkway and Mittry Avenue). This second entrance will be for service vehicles and the back portion of the property will remain as a utility easement. The plot plan includes a truck turning radius diagram for deliveries to the back of the grocery store. College Parkway would have through traffic, but that may change when Ruby Vista Drive is extended down to Spruce Road. The plot plan shows a second access point off Ruby Vista Drive, but the study only requires one. Mr. Negron recommends approval. Ms. Winrod has no comments or concerns. Scott Wilkinson, Assistant City Manager, said Ruby Vista Drive and Spruce Road are kind of like frontage roads of I-80. We see a lot of this type of development and uses along I-80, which is taking advantage of the roadway hierarchy. From a master planning perspective, it is good to have commercial nodes. Right now, if you want to go to a grocery store, everybody in this neighborhood is going east to stores like Raley’s, or west to Albertsons. He thinks a lot of people in this area will probably shop here, but others further away will probably keep going to the stores they already shop at. It will be more convenient for college students that don't have vehicles to buy groceries in this neighborhood rather than having to get a ride elsewhere. August 6, 2024 City of Elko Planning Commission Meeting Minutes Page 5 of 8 Commissioner Mercedes Mendive said it looks like a strip mall that is going into a very small area. She asked what the developer is thinking about to ensure the people who live directly behind the development will not be directly impacted by sound, light and unruly behavior. Ms. Reynolds said they will take all these concerns into consideration. Trees and landscaping will help mitigate noise and light. Armstrong Development is a smaller, boutique developer that started as the preferred developer for CVS Pharmacy. They have since expanded into other areas but focus specifically on retail. Two years ago, they finished a grocery anchored center in Roseville, CA, which has won awards from the Business Journal and Costar. There is a multi-family residential development behind it and everyone from there uses it. They want their developments to serve the communities they go into and be a positive thing. Chairman Dalling asked what their plan is for the property line between the development and the existing neighborhood to the north. Will there be a cinder block wall? Ms. Robins said they are not committing to anything just yet, but they will work with the City to determine what is required and what will work best. Ms. Laughlin added City staff will make sure with the conditional use permit application these items are addressed. Commissioner Irish said he agrees with Commissioner Mendive’s sentiments about the development. The Planning Commission is kind of taking a leap of faith that changing this back to Commercial means these concerns will be addressed. He asked Ms. Laughlin what uses can go in a PQP zone. Ms. Laughlin responded the majority would be for public uses like schools, hospitals, government agencies, administrative buildings and parks. Commissioner Irish said those uses are just as large as this use. We would not gain anything by going against the zone change. We just need to make sure developers are taking into consideration how to soften their impact. With the park being directly across from it, there is a great opportunity to connect everything in a walkable way where residents of that community will greatly benefit. Ms. Reynolds said they envision this development being family/neighborhood oriented, and not necessarily a strip mall. A place where parents can take the kids for ice cream after school or where college students can do their weekly shopping or go out for a bite to eat with their friends. Ms. Byrnes asked which months the traffic study was done because traffic is really bad during school months. Ms. Reynolds said it was initially done for the school and then they revised it and restudied it in the last three months. The traffic engineers adjusted for summertime. They made estimates based on the data they have and their expertise. Chairman Dalling asked if a traffic study has every recommended a light. August 6, 2024 City of Elko Planning Commission Meeting Minutes Page 6 of 8 Mr. Wilkinson said a light was recommended for the new charter school location over at Silver Street and Main Street, which was part of the conditional use permit for that property. The Planning Commission decided a light was not appropriate. The traffic engineer had a secondary proposal they felt was less effective than their primary proposal and that's what we have down there. Traffic engineers do not recommend who should pay for a light but rather if a light should be installed. Chairman Dalling added Adobe Middle School hasn’t met traffic counts to warrant a traffic light. ** A motion was made by Commissioner Irish, seconded by Commissioner Odeh to forward a recommendation to City Council to adopt an ordinance, which approves Rezone 3-24, based on the facts and findings as listed in staff report dated July 18, 2024. The motion passed. (4-1) Commissioner Mendive voted against. After the vote, Chairman Dalling reiterated this item is just for the zoning. The public can still go to the next City Council meetings and let the Council know what they think. Nothing is approved on the development end. A conditional use permit will be needed, which will address things like light pollution, the parking lot, landscaping, and fencing. VII. REPORTS A. Summary of City Council Actions Ms. Laughlin said City Council approved selling a small portion of city-owned land to an adjacent property owner (LSR 1-24, Rader). A sidewalk waiver filed by Cementation was denied for Douglas Street but approved for S. 1st Street. Both John Lemich and Garret Kamps were approved for another four-year term on the Planning Commission. A purchase sale agreement for an exchange of lands with Jordanelle Third Mortgage was approved. A two-year extension of time required for the next final map to be submitted for Zephyr Heights was approved. A deferred utility installation agreement for a parcel on W. Front Street was approved. A lease with the Elko TV District for SnoBowl was done. A resolution vacating a utility easement for the apartments behind the Family Dollar on Mountain City Highway was approved. B. Summary of Redevelopment Agency Actions No report. C. Training Ms. Laughlin said if any of the commissioners are interested in attending the State Planning Conference, let her know, so she can get information to them and register them. It will be in the South this year and it will be October 21st and 22nd. August 6, 2024 City of Elko Planning Commission Meeting Minutes Page 7 of 8 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 August 6, 2024 City of Elko Planning Commission Meeting Minutes Page 8 of 8