Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, MAY 6, 2025 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 (arrived at 5:32 p.m.) Mercedes Mendive John Lemich Michael Irish Tony Odeh City Staff Present: Jan Baum, City Manager Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Sarah Schick, Civil Engineer Seth Frandsen, Fire Marshal Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments at this time. Secretary Garret Kamps arrived at 5:32 p.m. V. APPROVAL OF MINUTES A. February 4, 2025 - Regular Meeting. FOR POSSIBLE ACTION ** A motion was made by Commissioner Irish, seconded by Commissioner Odeh to approve minutes from the February 4, 2025, regular meeting, as they stand. The motion passed unanimously. (7-0) May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 1 of 10 VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible action on Conditional Use Permit No. 3-25, filed by Citizens Telecommunications Company of Nevada, which would allow for an industrial development associated with a public utility company 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 After the item was introduced but before it was considered, Cathy Laughlin, City Planner, introduced two new City Staff, Fire Marshal Seth Frandsen, and Civil Engineer Sarah Schick. The board welcomed them. No commissioners needed to sit this item out. John Ford, 1734 Wilcox Avenue, Los Angeles, CA 90028, introduced himself as the applicant’s representative. The applicant agreed with Staff’s recommendation, and he was available for questions. Chairman Dalling called for public comments without a response. Ms. Laughlin explained a recent boundary line adjustment changed the configuration of the parcel. The Frontier building, containing the principal permitted use, was separated from its laydown yard, which was an accessory use. The parcel with the building was sold, leaving the applicant/property owner with this parcel that now does not have a principal permitted use. They would like to put in a little office with a restroom, as well as a carport for their service vehicles, and continue to use the remaining area as a laydown yard, making it a new industrial development abutting the residential zone on Bullion Road. Therefore, a conditional use permit is required. She then went over the findings detailed in the City of Elko Staff Report dated April 22, 2025, provided in the agenda packet. There is a screen wall requirement in Section 3-2-12, Industrial Zoning Districts, as set forth in subsection 3-2-3(J), which reads, “… the planning commission may recommend that the city council require screen walls to separate incompatible uses; … such wall shall be constructed by the developer and approved by the city engineer or planning commission.” The property has an existing fence with slats, but several of them are deteriorated or missing. The Planning Commission would need to determine if this was adequate. The requirement would only be applicable to the southeast property line that abuts the residential zone on Bullion Road and not to the southwest one because although there are abutting residential uses, the properties themselves are zoned industrial. With seven findings and eight conditions, staff recommended conditional approval. Ralph Negron, Development Manager, had no comments or concerns. May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 2 of 10 Ms. Schick recommended approval as presented. Mr. Frandsen said he had been concerned with the carport going over the driveway. It met the fire code for height and width, but he had some apprehension about driving the department’s taller vehicles underneath a structure. He and Ms. Laughlin had discussed having a gravel driveway around the carport for this purpose. Jan Baum, City Manager, recommended approval as presented. Ms. Laughlin said condition #4 addressed Mr. Frandsen’s concern, which stated “An all-weather surface supporting 75,000 pound fire apparatus to be provided to allow fire department access to the rear of the parcel.” On the site plan, she indicated the area to the side of the carport that could be graveled to meet the condition. Commissioner John Lemich added it would help the Fire department get to the houses behind the property. Vice-Chairman Stefan Beck asked for more information. Couldn’t a fire truck get anywhere? Ms. Laughlin responded that a gravel base with a certain depth would be able to support the weight of a fire truck. A dirt surface would not. When it got muddy, a fire truck would sink. Mr. Frandsen clarified that the requirement was based off the heaviest apparatus, the tower truck. Commissioner Lemich stated that it would be an easy fix. Commissioner Mercedes Mendive asked if the height of the fence would have to be decided at this moment. Ms. Laughlin responded the Planning Commission needed to either have a finding that the existing fence was adequate to meet the screen wall requirement or that something else would be required as part of the development to meet it. Commissioner Mendive stated she did not think the existing fence was adequate. Chairman Dalling disagreed, saying the existing use had been there for many years, perhaps 40 years. Secretary Kamps asked if there were any recorded complaints from neighbors about this particular property. Ms. Laughlin said no. She added that this is a public hearing, so all the neighbors had been notified of tonight's meeting. The Planning department received one phone call; it was from Senator John Ellison. He did not have any concerns. Secretary Kamps replied that it sounded like the fence was the right height. May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 3 of 10 Commissioner Lemich said it made sense to repair the broken and missing slats. Chairman Dalling called for final public comments without a response. ** A motion was made by Commissioner Odeh, seconded by Commissioner Mendive to conditionally approve Conditional Use Permit No. 3-25 subject to the conditions in the City of Elko Staff Report dated April 22, 2025, listed as follows, and as modified by the Planning Commission: 1. That Conditional Use Permit No. 3-25 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 3-25 to be recorded with the Elko County Recorder within 90 days after the commencement of the construction for the office and carport. 4. An all-weather surface supporting 75,000 pound fire apparatus to be provided to allow fire department access to the rear of the parcel. 5. The business license for Citizens Telecommunications of Nevada dba Frontier Communications expired in 2024. A renewal or new application for a City of Elko business license will be required prior to conducting any business. 6. 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). 7. The property, landscaping and buildings to be maintained in an acceptable condition at all times. 8. Water and sewer will need to be extended from Front Street in order to serve the office building and restroom. Planning Commission: 9. Repair or replacement of the slates of the existing screen fence to ensure 100% coverage on the length abutting the residential zone. Commissioner Odeh’s findings to support the motion 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 necessary between this parcel and residential parcels. The slates of the existing screen fence are inadequate in their current condition. The motion passed unanimously. (7-0) May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 4 of 10  B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration and possible approval of Final Map No. 1-25, filed by DGB Investment, Inc, for the development of a subdivision entitled Bergeron Village Phase 3, involving the proposed division of approximately 81.970 acres of property into 25 lots for residential development and 1 remainder lot within the R1 (Single-Family Residential) Zoning District, and matters related thereto. FOR POSSIBLE ACTION Subject property is located east of Jennings Way. RN No planning commissioners needed to sit this item out. The applicant’s representative, Scott MacRitchie, was present but did not give a presentation. There were no public comments. Mr. Negron went over the findings detailed in the City of Elko Staff Report dated March 27, 2025, provided in the agenda packet. The City Council conditionally approved the tentative map for this subdivision on September 27, 2022. This phase would divide 7.915 acres into 25 lots with a proposed density of 3.159 units per acre. With eleven findings and eleven conditions, staff recommended conditional approval. The conditions listed under the Engineering department have already been addressed by the applicant’s engineer, Lana Carter, also in attendance. Ms. Laughlin recommended conditional approval as presented. Ms. Schick recommended conditional approval. Mr. Frandsen recommended approval. Ms. Baum recommended approval as presented. There were no commissioner questions nor any final public comments. ** A motion was made by Commissioner Mendive, seconded by Secretary Kamps to forward a recommendation to City Council to accept, on behalf of the public, the parcel of land offered for dedication for public use in the conformity with the terms of the offer of dedication; and the developer enter into a performance agreement to install improvements in accordance with the approved constructions plans that satisfies the requirements of Title 2 Chapter 3; and conditionally approve Final Map No. 1-25 for the Bergeron Village Phase 3 subdivision based on the findings that the final map substantially complies with the tentative map, and the approval is subject to the conditions in the Staff Report dated March 27, 2025, listed as follows: Development Department: 1. The Developer shall execute a Performance and Maintenance Agreement in accordance with Section 3-3-21 of City code. The Performance Agreement shall be secured in accordance with Section 3-3-22 of City code. In conformance with Section 3-3-21 of City code, the public improvements shall be completed within a time of no later than two (2) May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 5 of 10  years of the date of Final Map approval by the City Council unless extended as stipulated in City code. 2. The Performance and Maintenance Agreement shall be approved by the City Council. 3. The Developer shall enter into the Performance and Maintenance Agreement within 30 days of approval of the Final Map by the City Council. 4. The Final Map for Bergeron Village Phase 3 is approved for 25 residential lots and remainder lots. 5. The Utility Department will issue a Will Serve Letter for the subdivision upon approval of the Final Map by the City Council. 6. Site disturbance shall not commence prior to approval of the project’s construction plans by the Nevada Department of Environmental Protection. 7. Site disturbance, including clearing and grubbing, shall not commence prior to the issuance of a grading permit by the City of Elko. 8. Construction shall not commence prior to Final Map approval by the City Council and issuance of a will-serve letter by the City of Elko. 9. Conformance with the conditions of approval of the Tentative Map is required. 10. The Owner/Developer is to provide the appropriate contact information for the qualified engineer and engineering firm contracted to oversee the project along with the required inspection and testing necessary to produce an As-Built for submittal to the City of Elko. The Engineer of Record is to ensure all materials meet the latest edition of the Standard Specifications for Public Works. The Engineer of Record is to certify that the project was completed in conformance with the approved plans and specifications. 11. All slopes greater than 3:1 shall be permanently stabilized prior to acceptance of any public improvements by the City Council. Engineering Department: 1. Final Map: Grant of easement is for storm drain infrastructure extending to the easements of record as shown on file 598080. The alignments will be based on addressing comments identified under plan review. 2. Final Map: Approval and acceptance of the easements by the city council is required prior to Council consideration of the map. 3. Final Map: Clarify the reference to Sheet 1 regarding the existing drainage easement. 4. Construction Plans, Sheets C3-4 of 16: Address discharge from storm drain energy dissipater. Consider routing the existing drainage west of outlet location, maintain energy dissipator and install check dams to elevation 5260 or pipe to elevation 5260 and install energy dissipator. 5. Construction Plans, Sheets C3-4 of 16: If storm drain is redirected, install manhole at change of direction. 6. Construction Plans, Sheets C3-4 of 16: Call specs for energy dissipator. 7. Construction Plans, Sheets C3-4 of 16: Shoe V Ditch from back of walk behind drop inlet to energy to manage overflow. 8. Construction Plans, Sheet C6 of 16: Call out size for curb inlet and provide curb inlet calculations for city files. Planning Department: None May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 6 of 10 Utilities: None Fire Department: None Commissioner Mendive’s findings to support the motion are the Final Map for Bergeron Village Phase 3 has been presented before expiration of the subdivision proceedings in accordance with NRS 278.360(1)(a)(2) and City code. The Final Map is in conformance with the Tentative Map. The proposed subdivision is in conformance with the Land Use and Transportation Components of the Master Plan. The proposed development conforms with Sections 3-3-9 through 3-3-16 (inclusive). The Subdivider shall be responsible for all required improvements in conformance with Section 3-3-17 of City code. The Subdivider has submitted construction plans in conformance with Section 3-3-18 of City code. The Subdivider has submitted plans to the city and state agencies for review to receive all required permits in accordance with the requirements of Section 3-3-19 of City code. The Subdivider has submitted construction plans which, having been found to be in conformance with Section 3-3-20 of City code, have been approved by City staff. The Subdivider will be required to enter into a Performance Agreement to conform to Section 3-3-21 of City code. The Subdivider will be required to provide a Performance and Maintenance Guarantee as stipulated in the Performance Agreement in conformance with Section 3-3-22 of City code. The proposed development conforms to Sections 3-2-3, 3-2-4, 3-2-5(B), 3-2-5(E), 3-2-5(G), 3-2-17, and 3-8 of City code. The motion passed unanimously. (7-0) After the motion and the vote, and recalling the discussion from the previous item, Mr. MacRitchie pointed out the fire access road between Vera Way and Campbell Road on page 2 of the final map. Fire trucks come in one direction and need to be able to find their way back out. The fire access road that will be constructed will have to be to the same standard as everyone else. 2. Review, consideration, and possible action on Temporary Use Permit No. 1-25, filed by Elko Heat Company, for the temporary use of a mobile office within a LI (Light Industrial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The applicant under a former name, TRG LLC., was approved Temporary Use Permit 2-23 for a one-year period of time and Temporary Use Permit 2-24 for a one-year period of time. The applicant has stated they would like to continue to use the existing mobile office for their public utility company for a five-year period. CL No planning commissioners needed to sit this item out. The applicant’s representative, Ferron Konakis, was present but did not give a presentation. There were no public comments. May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 7 of 10 Ms. Laughlin went over the findings detailed in the City of Elko Staff Report dated April 14, 2025, provided in the agenda packet. With five findings and three conditions, staff recommended conditional approval. The current permit will expire tomorrow. The City code does not allow for an extension on a temporary use permit, so a new permit is required to continue using the temporary office/lab on this property. The business is working on several opportunities. Along with this modular office, it is conducting exploratory drilling on their property across the street under another temporary use permit. Chairman Dalling asked if after five years the applicant could once again get a new permit. He questioned the length of time being considered temporary instead of permanent. Ms. Laughlin said Elko Heat is in the process of purchasing additional property in Elko. Along with an expansion of public utility services, she imagined they would move the office to a permanent location. They are working on getting approval from the Utility Commission to expand, but it is taking a lot longer than expected. There have not been any complaints about the temporary use, so staff recommended allowing the use to continue. Mr. Negron and Ms. Schick recommended approval as presented. Mr. Frandsen recommended approval. Ms. Baum recommended approval as presented. Commissioner Mendive noted that she remembered last year’s application. Commissioner Lemich asked for further information on being able to apply for another permit at the time this one would expire in five years. Ms. Laughlin said the applicant could apply for another permit, but at that time it may not be the recommendation of staff to approve it. For example, there was a temporary use permit approved for a modular office for a car lot. Once the permit expired, it was a requirement to permanentize the modular office, which converted it to real property governed by the Nevada Revised Statues, therefore no longer requiring a temporary use permit. She added it is a bit different with public utilities, because code clearly states they can’t be denied from going into any location, regardless of zoning. The drilling expected in February has been delayed until June and the water will need to be tested. The company has indicated they do not plan on being in this office permanently. Commissioner Lemich asked who the owners were, recalling that the Bilbao family had sold it a few years back. Ms. Laughlin said Ira Rackley and Tom Rackley were the applicants and the majority owners of Elko Heat Company. Scott Wilkinson, Assistant City Manager, said this wasn’t somebody competing against another local business and trying to reduce upfront costs to gain a toehold in Elko. This was a utility that has been May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 8 of 10 here for a long time. They are working on some new business opportunities to get this utility up and running as efficiently as it can. Chairman Dalling questioned this, reasoning that they are competing against Southwest Gas and NV Energy. In return, Mr. Wilkinson said they already have a utility in the ground. They are not keeping some other geothermal company out of Elko. Chairman Dalling clarified that his argument was that temporary buildings seem to last forever. ** A motion was made by Commissioner Mendive, seconded by Commissioner Odeh to conditionally approve Temporary Use Permit No. 1-25 subject to the following conditions found in the City of Elko Staff Report dated April 14, 2025, listed as follows: Planning Department: 1. The use is permitted for a period of 5 years. 2. The temporary use applies for the specific use and location as outlined in the application and site plan. 3. Outdoor storage is prohibited. Commissioner Mendive’s findings to support the motion 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. (7-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin said the City has been working on a lease of City of Elko property at the corner of 12th Street and Idaho Street. It is a lengthy process with multiple meetings. Rezone 5-24 for the Dixons was finalized. Both Mountain View Townhomes Unit 2 and Copper Trail Phase 2 Unit 3 were conditionally accepted. There was also a vacation with grants of easements for a couple of properties on 11th Street and River Street (Vac 1-25). B. Summary of Redevelopment Agency Actions Ms. Laughlin said there was a redevelopment meeting a few weeks ago. A storefront grant was issued to William Bench for his property at 566 River Street. The Downtown Sidewalk Project was awarded in the amount of $2.2 million with a 150-day length, scheduled to start on June 1st. Businesses in the May 6, 2025 City of Elko Planning Commission Meeting Minutes Page 9 of 10 area that will be impacted will be kept in the loop. The Storefront Grant Program was set to expire this year. The Agency voted to extend it for five more years at $50,000 per year. 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 6, 2025 City of Elko Planning Commission Meeting Minutes Page 10 of 10