Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, SEPTEMBER 3, 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: 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. August 6, 2024 - Regular Meeting - FOR POSSIBLE ACTION ** A motion was made by Commissioner Mendive, seconded by Commissioner Lemich to approve the minutes from the August 6th, 2024, regular meeting, as presented. The motion passed unanimously. (5-0) September 3, 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 Variance 2-24, filed by Michael Simmons, to allow for a reduction of the minimum lot width from 60’ to 56’ and a reduction of the garage setback from 20’ to 15.6’ within an RMH-2 Zoning District, in conjunction with a proposed boundary line adjustment map, and matters related thereto. FOR POSSIBLE ACTION The property owners would like to record a boundary line adjustment map to realign their property lines with the current improvements such as fencing and landscaping. With the approval of the Boundary Line Adjustment map, the one property is then not in conformance with Elko City Code for the front yard setback to the garage and minimum lot width. CL Moises Gonzales, 584 Morse Lane, introduced himself as the neighbor of the applicant. Recently he found out Mr. Simmons’ yard goes into his yard about three and a half feet, tapering down to zero feet. They talked it over and instead of moving everything that is already established, which would take a lot of work, they agreed to move the boundary line, as shown on the plot plan provided in the agenda packet. Chairman Dalling called for public comments without a response. Cathy Laughlin, City Planner, went over the City of Elko Staff Report, dated August 9, 2024, which lists 11 findings and recommends approval. The property has been developed for many years with a manufactured home, garage and fence. The garage is set back from the front property line 15.6 feet, as opposed to the current requirement of 20 feet, necessitating a variance. The owner and neighbor would also like to adjust their shared property line to match existing improvements. The width of the front property line would be reduced to 56 feet – four feet less than the required 60 feet, necessitating a variance, but the width of the rear boundary line would be 64.72 feet. The average lot width would meet the 60-foot requirement. The shared property line would no longer be perpendicular to the front lot line and the property would be of an unusual shape, which are the hardships and exceptional practical difficulties stated on the application. Ralph Negron, Development Manager, had no concerns. Jamie Winrod, Fire Marshal, had no comments or concerns. Jan Baum, City Manager, recommended approval. Chairman Dalling called for final public comments without a response. ** A motion was made by Commissioner Mendive, seconded by Secretary Kamps to approve Variance 2-24 for the reduction of the minimum lot width from 60' to 56' and the reduction of the garage setback from 20' to 15.6'. September 3, 2024 City of Elko Planning Commission Meeting Minutes Page 2 of 6 Commissioner Mendive's findings to support the motion are the proposed variance is in conformance with the Land Use Component of the Master Plan. The proposed variance is consistent with the Transportation Component of the Master Plan. The property is not located within the redevelopment area and consideration of the plan is not required. The proposed variance is consistent with City of Elko Wellhead Protection Plan. The property, as proposed with the approval of the parcel map, does not conform to Section 3-2-4 of city code without the approval of the variance. The property, as developed with a mobile home, is in conformance with Elko City Code 3-5-4 for the rear and side yard setbacks but is not in conformance with front yard setback or minimum lot width. In accordance with Section 3-2-22, the applicant has stated existing conditions are the special circumstance and undue hardship. Granting of the variance will not result in material damage or prejudice to other properties in the vicinity. Granting of the variance will not substantially impair the intent or purpose of the zoning ordinance. Granting of the variance will not impair natural resources. The parcel is not located within a designated Special Flood Hazard Area. The motion passed unanimously. (5-0) 2. Review and consideration of Tentative Map 1-24, filed by Copper Trails, LLC, for the development of a subdivision entitled Copper Trails Subdivision Phase 3 involving the proposed division of approximately 15.393 acres of property into 38 lots for single-family residential development and one (1) remainder lot within the R (Single Family and Multiple Family Residential) zoning district, and matters related thereto. FOR POSSIBLE ACTION Subject property is located on Quartz Drive, located off of Copper Street. Lana Carter, Carter Engineering, applicant’s representative, said the owner would like to do two units for this phase, with a total of 38 lots. The owner has a development agreement with the City of Elko and would like to exercise it to have smaller lot frontages. With current interest rates, people are looking for small housing options, so there is a need that can be met with the product capable of fitting on these lots. Chairman Dalling called for public comments without a response. Mr. Negron went over the City of Elko Staff Report, dated July 25, 2024. Staff is recommending conditional approval subject to the stated findings, facts and conditions. The portion being subdivided into the 38 lots is 4.75 acres, with a proposed density of 7.98 units per acre. The layout approved under Ordinance 838 included a cross street between the Platinum Drive and Quartz Drive, which has been eliminated, thus an amendment will be required. Staff recommends slopes abutting the 8- Mile Drainage directly north of the subdivision be protected with rip rap. The lot widths, depths and areas are not in conformance with Section 3-2-5. These will need to meet the requirements of Ordinance 838 as amended. Ms. Laughlin said under the development agreement, lot widths can be 40 feet, and the side yard setbacks are 5 feet on each side. This would make a buildable width of 30 feet. Because of this and the fact that a standard garage has a width of 24 feet, she asked for a floor plan. The applicant was unable to provide a floor plan at the time, but assured staff that they have a design professional that is working on a floor plan that will work for the lot sizes. September 3, 2024 City of Elko Planning Commission Meeting Minutes Page 3 of 6 Ms. Carter said she will speak with the applicant about a floor plan when he gets back to town. Mathematically it works. He has some different floor plans and footprints he is using on a different subdivision that will work well. With a 24-foot width on a 2-car garage, that would still leave six feet for a door entry. She has not seen the floor plan herself. Neither Ms. Winrod nor Ms. Baum had any comments or concerns. Mr. Wilkinson said it may be beneficial to add a condition that there will be no approval of any variances or merger of lots. That will force them to develop floor plans that will fit on the lots. It will also ensure there are not a bunch of abandoned utility taps that will one day leak and need to be fixed. He believes the original ordinance includes language prohibiting the merger of lots. Commissioner John Lemich asked if the garage setback will still be 20 feet, to which Ms. Laughlin said yes. He then commented on this Phase only having one access point. Ms. Laughlin showed the Overall Layout page provided in the agenda packet that shows a gravel fire-access road that will tie into Dakota Drive to the south when Unit 2 is subdivided. Mr. Wilkinson added that the code allows for a road distance of 650 feet. There is typically a turn- around at the end of all streets built in phases for fire engines and Elko Sanitation trucks. The layout may change depending on the future development of the remainder lot. Commissioner Lemich enquired about the remaining setback requirements in the development agreement. Ms. Laughlin said the side yard setback has been reduced to five feet, the rear yard setback has been reduced to 15 feet, and the side yard setback has been reduced to five feet. The lot size has also been reduced to 40 feet wide by 80 feet deep. Ms. Carter asked for clarification on the Development department’s recommended condition #13 about the drainage easement. Ms. Laughlin indicated on sheet 2 of the tentative map the location of the easement as running through the proposed future road where the gravel fire-access road will go, from boundary line to boundary line. She also added the development agreement currently adopted by ordinance states that no variances and no boundary line adjustments or mergers of lots will be approved. Chairman Dalling asked why the development agreement was set up in the first place. Ms. Laughlin said development agreements allow for different types of products. Chairman Dalling called for final public comments without a response. ** A motion was made by Commissioner Mendive, seconded by Vice-Chairman Beck to forward a recommendation to City Council to conditionally approve Tentative Map No. 1-24 subject to conditions found in the City of Elko Staff Report dated July 25, 2024, listed as follows, and as modified by the Planning Commission: September 3, 2024 City of Elko Planning Commission Meeting Minutes Page 4 of 6 Development Department: 1. The subdivider is to comply with all provisions of the NAC and NRS pertaining to the proposed subdivision. 2. Tentative Map approval constitutes authorization for the subdivider to proceed with preparation of the Final Map and associated construction plans. 3. The Tentative Map must be approved by the Nevada Department of Environmental Protection prior to submitting for Final Map approval by the City of Elko. 4. Construction plans must be approved by the Nevada Department of Environmental Protection prior to issuance of a grading permit. 5. Tentative Map approval does not constitute authorization to proceed with site improvements. 6. The applicant must submit an application for Final Map within a period of four (4) years in accordance with NRS.360(1)(a). Approval of the Tentative Map will automatically lapse at that time. 7. A soils report is required with Final Map submittal. 8. Final Map construction plans are to comply with Chapter 3-3 of City code. 9. The subdivision design and construction shall comply with Title 9, Chapter 8 of City code. 10. The Utility Department will issue an Intent to Serve letter upon approval of the Tentative Map by the City Council. 11. The proposed slope areas abutting the city owned Eight Mile Creek drainage are to be protected with rip rap to prevent erosion of the lot area to minimize sediment onto Right Mile drainage which is regulated under the NDEP through the city MS4 Stormwater Permit. 12. Prior to City Council an ordinance will need to be approved and adopted amending the Development Agreement, prior to city council consideration of the tentative plat. 13. Show drainage easement on sheet 2 of 5, prior to city council consideration of the tentative plat. Environmental: Planning Department: Engineering: 1. Compaction test results are required for the areas of fill. 2. Riprap protection is required for the areas abutting the Eight Mile Drainage. Utilities: Fire Department: 1. Amending the Development Agreement. Planning Commission: 1. There will not be any variances given for these lots. 2. There shall be no merger of lots. Commissioner Mendive’s findings to support the recommendation are the proposed subdivision is in conformance with Ordinance 838 as amended. The proposed subdivision and September 3, 2024 City of Elko Planning Commission Meeting Minutes Page 5 of 6 development is in conformance with both the Land Use and Transportation components of the Master Plan as previously discussed in this report. The proposed subdivision and development does not conflict with the Airport Master Plan; the City of Elko Development Feasibility, Land Use, Water Infrastructure, Sanitary Sewer Infrastructure, Transportation Infrastructure, and Annexation Potential Report – November 2012; the Wellhead Protection Program; or applicable sections of the Elko City Code, except as provided for Ordinance 838 as amended. The property is not located within the Redevelopment Area. Therefore, there is no conflict with the Redevelopment Plan. The motion passed unanimously. (5-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin said the rezones for Chris Beardmore and Armstrong Development (Rez 2-24 & Rez 3-24) were both approved. Multiple deeds of dedication of miscellaneous City-owned parcels that should be public right-of-way have been approved. Those will be removed from the land inventory, which will be brought before the Planning Commission for its consideration. Several miscellaneous easements in relationship to various projects have also been approved. B. Summary of Redevelopment Agency Actions Ms. Laughlin said there was an RDA meeting on August 27th. One infrastructure grant was awarded in the amount of $15,000 for a property on the 400 block of Idaho Street for ADA restroom upgrades. An appeal from Catherine Wines for a relocation of a tree planned to be installed in front of her property as part of the downtown corridor project was denied. C. Training 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 September 3, 2024 City of Elko Planning Commission Meeting Minutes Page 6 of 6