Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, SEPTEMBER 2, 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. Prior to taking roll call, he welcomed new board member, Carlos Nunes. II. ROLL CALL Present: Jeff Dalling Stefan Beck Mercedes Mendive Carlos Nunes Absent: Garret Kamps John Lemich Michael Irish City Staff Present: Jan Baum, City Manager Dale Johnson, 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. V. APPROVAL OF MINUTES A. July 1, 2025 - Regular Meeting. FOR POSSIBLE ACTION ** A motion was made by Vice Chairman Beck, seconded by Commissioner Mendive to approve the minutes from the July 1st, 2025, regular meeting. The motion passed unanimously. (4-0) September 2, 2025 City of Elko Planning Commission Meeting Minutes Page 1 of 8 VI. NEW BUSINESS A. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration and possible approval of Final Map No. 3-25, filed by Copper Trails LLC, for the development of a subdivision entitled Copper Trails Phase 3 Unit 1 involving the proposed division of approximately 14.055 acres of property into 18 lots for residential development and 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 north of the intersection of Platinum Drive and Copper Street. RN No planning commissioners needed to sit this item out. The applicant, Luke Fitzgerald, was present but did not give a presentation. There were no public comments. Ralph Negron, Development Manager, went over the City of Elko Staff Report dated June 5, 2025, provided in the agenda packet. This would be Phase 3 Unit 1 of the Copper Trails subdivision being developed under a development agreement as shown in Ordinance 894. It allowed for lots smaller in area, width and length. The corresponding tentative map was approved by the City Council on January 14, 2025. It would be a division of approximately 2.437 acres of an undeveloped residential parcel located north of the intersection of Platinum Drive and Copper Street, with approximately 0.449 acres offered for dedication to the City of Elko. It was in conformance with a number of sections of City Code under Title 3 Chapters 2 and 3, as detailed in the Staff Report and as summarized in the twelve findings. There was a modification of standards as allowed under Section 3-3-25, with the development agreement as detailed in Exhibit D, which was included in the Staff Report. As part of staff’s conditions, the Engineering department had two conditions. The first was for the submission of an updated geotechnical report for this phase, as the report provided was for Phase 2. The second was for updated plans to specify rip rap on the northeast slopes. Staff met with Mr. Fitzgerald, and request that the board include in their motion that an equivalent ground stabilization method, like seeding, would be allowed. Chairman Dalling asked if Mr. Fitzgerald had agreed with this change. Mr. Fitzgerald said yes. He had met with staff earlier and they had looked at different options. They had come to an agreement that this would work best. He appreciated staff’s efforts. Cathy Laughlin, City Planner, requested that under the Modification of Standards an exception be included for dual frontage lots for Lots 9 and 10. Sarah Schick, Civil Engineer, recommended proceeding as presented. September 2, 2025 City of Elko Planning Commission Meeting Minutes Page 2 of 8 Seth Frandsen, Fire Marshal, said The Fire department didn't have any comments or concerns. Dale Johnson, Assistant City Manager, recommended proceeding as stated. There were no commissioner questions or public comments. ** A motion was made by Commissioner Mendive, seconded by Vice Chairman Beck 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 construction plans that satisfies the requirements of Title 2 Chapter 3; and conditionally approve Final Map No. 3-25 for the Copper Trails Phase 3 Unit 1 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 June 5, 2025, listed below; with the additional approval of the modification that the required rip rap stabilization may be substituted with an equivalent method of stabilization as determined by Elko City Code 3-2-28, as presented in the Development Manager’s Staff Report, Engineering condition #2; and a modification of standards allowing dual frontage of Lots 9 and 10: Community Development: 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) 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 Copper Trails Phase 3 Unit 1 is approved for 18 residential lots and 1 remainder lot. 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 September 2, 2025 City of Elko Planning Commission Meeting Minutes Page 3 of 8  that the project was completed in conformance with the approved plans and specifications. 11. Conformance with development agreement. 12. Approval of lot area and dimension per the referenced development agreement. Engineering: 1. Geotech report provided is for Phase II. Please provide updated report reflecting the correct phase/location. 2. Update plans to specify rip rap on the Northeastern slopes in Lot 9-18 (per Tentative Map conditions). Public Works: None Utilities: None Fire: None Commissioner Mendive’s findings to support the motion are the Final Map is substantial conformance with the Development Agreement Master Plan as shown under Ordinance 755 as amended under Ordinances 769, 838 and 894. The Final Map for Copper Trails Phase 3 Unit 1 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(E), 3-2-5(G), 3 2 17, and 3-8 of City code, with the exception of 3-2-5(G) as provided for in the referenced development agreement. The motion passed unanimously. (4-0) After the vote, Chairman Dalling told the applicant he had a right to appeal the decision to the City Council. September 2, 2025 City of Elko Planning Commission Meeting Minutes Page 4 of 8  2. Review, consideration and possible approval of Final Map No. 4-25, filed by Copper Trails LLC, for the development of a subdivision entitled Copper Trails Phase 3 Unit 2 involving the proposed division of approximately 9.297 acres of property into 20 lots for residential development and 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 north of the intersection of Platinum Drive and Copper Street. RN No planning commissioners needed to sit this item out. The applicant did not give a presentation. There were no public comments. Mr. Negron went over the City of Elko Staff Report dated June 5, 2025, provided in the agenda packet. This would be Phase 3 Unit 2 of the Copper Trails subdivision being developed under a development agreement as shown in Ordinance 894. It allowed for lots smaller in area, width and length. The corresponding tentative map was approved by the City Council on January 14, 2025. It would be a division of approximately 2.321 acres of an undeveloped residential parcel located north of the intersection of Platinum Drive and Copper Street, with approximately 0.46 acres offered for dedication to the City of Elko. It was in conformance with a number of sections of City Code under Title 3 Chapters 2 and 3, as detailed in the Staff Report and as summarized in the twelve findings. There was a modification of standards as allowed under Section 3-3-25, with the development agreement as detailed in Exhibit D, which was included in the Staff Report. As part of staff’s conditions, the Engineering department had four conditions, with the first two being the same as for Phase 1, which were to submit an updated geotechnical report for this phase and update the plans to specify rip rap on the northeast slopes. The two remaining conditions were to update the plans to include both a temporary culvert and check dams on the fire access road. Staff request that an equivalent ground stabilization method of the developer’s choosing be included as part of the board’s motion. Ms. Laughlin had no comments or concerns and recommended approval as presented. Ms. Schick also recommended approval as presented. Mr. Frandsen said the Fire department didn’t have any comments or concerns. Mr. Johnson recommended approval as presented. There were no commissioner questions. Mr. Fitzgerald did not have any final applicant comments. There were no public comments. ** A motion was made by Commissioner Mendive, seconded by Vice Chairman Beck to forward a recommendation to City Council to accept, on behalf of the public, the parcel of land September 2, 2025 City of Elko Planning Commission Meeting Minutes Page 5 of 8 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 construction plans that satisfies the requirements of Title 2 Chapter 3; and conditionally approve Final Map No. 4-25 for the Copper Trails Phase 3 Unit 2 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 June 5, 2025, listed below; with the additional approval of the modification that the required rip rap stabilization may be substituted with an equivalent method of stabilization as determined by Elko City Code 3-2-28, as presented in the Development Manager’s Staff Report, Engineering condition #2: Community Development: 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) 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 Copper Trails Phase 3 Unit 2 is approved for 18 residential lots and 1 remainder lot. 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. Conformance with development agreement. 12. Approval of lot area and dimension per the referenced development agreement. Engineering: 1. Geotech report provided is for Phase II. Please provide updated report reflecting the correct phase/location. 2. Update plans to specify rip rap on the Northeastern slopes in Lot 29-38 (per Tentative Map conditions). September 2, 2025 City of Elko Planning Commission Meeting Minutes Page 6 of 8  3. Update plans to include temporary culvert on fire access road near Sta 6+50. 4. Update plans to include check dams along each side of fire access road. Public Works: None Utilities: None Fire: None Commissioner Mendive’s findings to support the motion are the Final Map is substantial conformance with the Development Agreement Master Plan as shown under Ordinance 755 as amended under Ordinances 769, 838 and 894. The Final Map for Copper Trails Phase 3 Unit 2 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(E), 3-2-5(G), 3 2 17, and 3-8 of City code, with the exception of 3-2-5(G) as provided for in the referenced development agreement. The motion passed unanimously. (4-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin said at the August 12th City Council meeting, the appeal on the variance filed by Catherine Wines (Var 1-25) was denied. The City Council upheld the Planning Commission’s decision to deny the variance. There was a presentation to Tony Odeh for his years of service on the Planning Commission. A revocable permit for a property on the corner of 5th Street and Oak Street owned by the Worlines was approved. The permit application was submitted in conjunction with a parcel map. At the August 26th City Council meeting, the Planning Commission vacancy was filled by Carlos Nunes. Two applicants were received. She was extremely satisfied to get two. Chairman Dalling commented that was pretty good. September 2, 2025 City of Elko Planning Commission Meeting Minutes Page 7 of 8 Continuing, Ms. Laughlin said the City Council unanimously reversed the Planning Commission’s decision to deny the conditional use permit net for the Latter-day Saints temple. There was a lot more testimony provided, including new information from the Church’s engineer who was available online. B. Summary of Redevelopment Agency Actions Ms. Laughlin said there had been a Redevelopment Agency meeting on August 26th. An infrastructure grant was approved for a property along 5th Street that had lost its legal non- conforming status. The grant was approved for parking and ADA accessibility improvements. An extension for another infrastructure grant was approved as well. This one was for the Rancho Plaza. They had missed the June 25th deadline to obtain a building permit, which wasn’t issued until July 21st. The RDA downtown sidewalk project was underway. There had been multiple change orders so far, but the project was still moving forward. C. Training Ms. Laughlin invited the commissioners to the 53rd Annual State Planning Conference. Details were included in the agenda packet. If anyone was interested in going, the City would pay for the conference. She asked that they reach out to her for more information and to register. It will be at the end of October, in Minden. Vice-Chairman Stefan Beck asked for the specific dates. Ms. Laughlin said it will be on October 23rd and 24th. VIII. COMMENTS BY THE GENERAL PUBLIC There were no public comments. ADJOURNMENT There being no further business, the meeting was adjourned. Jeff Dalling, Chairman Garret Kamps, Secretary September 2, 2025 City of Elko Planning Commission Meeting Minutes Page 8 of 8