Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, DECEMBER 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. II. ROLL CALL Present: Jeff Dalling Stefan Beck Garret Kamps Mercedes Mendive John Lemich Michael Irish Carlos Nunes City Staff Present: Dale Johnson, Assistant City Manager Ralph Negron, Development Manager 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. November 4, 2025 - Regular Meeting. FOR POSSIBLE ACTION ** A motion was made by Commissioner Irish, seconded by Secretary Kamps to approve the minutes from the November 4, 2025, regular meeting, as they stood. The motion passed unanimously. (7-0) VI. NEW BUSINESS December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 1 of 10  A. PUBLIC HEARING 1. Review and consideration of Tentative Map No. 6-25, filed by BELDCO, LLC, for the development of a subdivision entitled Bergeron Village Patio Homes Area 1, involving the proposed division of approximately 3.056 acres of property into 17 lots for residential development within an R (Single-Family and Multiple- Family Residential) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is located on the north corner of East Jennings Way and Windsor Avenue. RN No planning commissioners needed to sit this item out. Scott MacRitchie, 1947 Amber Way, introduced himself as the applicant. He explained that BELDCO, LLC, was a subsidiary of DGB Investment, which was developing Bergeron Village. The patio homes would be a new kind of development that offered a different product on a small property. It would have three potential phases under a Development Agreement. Their building partners were the Kellys, who were in attendance. Submitting this application now would ensure they could meet their timeframes for the other phases, which needed to be included to meet the five-acre requirement for the development agreement process. There were no public comments. Moving on to comments from City Staff, Ralph Negron, Development Manager, went over the City of Elko Staff Report dated November 6, 2025, provided in the agenda packet. APN 001-577-RLB was an undeveloped residential parcel. Development under a Development Agreement Master Plan, which would be brought before the Planning Commission and the City Council in conjunction with the final map, would allow for smaller area, width and length dimensions as well as reduced setback requirements. The proposed density for Area 1 was 5.56 units per acre, which fit into the Residential Medium Density designation shown in the Master Plan Land Use component. The project would be accessed from East Jennings Way and Windsor Avenue. East Jennings Way was currently classified as Minor Arterial until such time as the two ends of Jennings Way were connected. The proposed subdivision did not conflict with the Airport Master Plan. The property was not located within the redevelopment area. But it was located within a 20-year capture zone for City wells, under the Elko Wellhead Protection Plan. The proposed subdivision was in conformance with the tentative map stage (stage II); content and format of tentative map submittal; general requirements for subdivision design; street location and arrangement; street design; block design; easement planning; and street naming (two proposed street names were Louise Lane and Harrison Avenue) sections of Title 3, Chapter 3 of the City Code. It was also in conformance with the lot planning section with the approval of a Development Agreement by adoption of an ordinance by the City Council. December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 2 of 10 Conformance with sections 3-3-16 though 3-3-22 would be required with the construction plans and final map submittals. There were no offers of dedication for park lands. Section 3-3-25, Modification of Standards, allowed for variance from Code requirements. Exhibit D of the proposed Development Agreement, as shown in the Staff Report, detailed the special development standards, responsibilities of the Bergeron Village Patio Home Sub-Association, items that will be included in the CC&Rs, and lot-specific standards. Two restrictions were that front yard fencing would not be allowed and Lot 1 would not be allowed to put fencing in the east side yard that would block the view onto Windsor Avenue from the subdivision. The proposed subdivision was in conformance with the general provisions; establishment of zoning districts; and residential zoning districts area, setbacks, and height sections of Title 3, Chapter 2 of the City Code with the approval of a Development Agreement. The proposed use was a principal use permitted under the R (single-family and multiple-family residential) district and conformance with this section would be required unless a Development Agreement was approved. It was also in conformance with the traffic, access, parking, and loading section. The property was not located in a designated special flood hazard area. During grading and construction, it was a requirement for the developer to comply with all construction site runoff requirements found in Title 9, Chapter 7 of the City Code. Following the findings summarized at the end of the report, Staff was recommending conditional approval with 15 conditions from the Development Department, one condition from the Public Works Department and one condition from the Engineering Department. Seth Frandsen, Fire Marshal, said the Fire Department did not have any comments or concerns. Dale Johnson, Assistant City Manager, said the City Manager’s Office approved as presented by Staff. Moving on to Commissioner questions, Vice-Chairman Stefan Beck asked why front yard fencing would not be allowed. Chairman Dalling responded that it was just on the first lot because it would block the view of people on Windsor Avenue. Vice-Chairman Beck asked what the definition of a patio home was. Mr. Negron replied that the building footprint and the lots would be a little bit smaller and more affordable. The setbacks would also be reduced. Vice-Chairman Beck expressed curiosity about the process of notifying and receiving input from the water treatment and sewer plant when more flow was anticipated for a development like this. Mr. Negron stated it was part of the subdivision process to go through NDEP and the Utility Department, which towards the end, would provide a Will Serve letter to the developer. December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 3 of 10 Mr. Johnson clarified that there would be two Will Serve letters – a tentative one during this stage and then a final one later that would account for water, sewer and trash disposal. Commissioner John Lemich wanted to hear more about the overall patio home development as this was just the first area. Mr. MacRitchie explained that three parcels had been set aside in the core of Bergeron Village for this product. If he was not mistaken, five units per acre would be considered Medium Density Residential, not High Density Residential, which was for apartment buildings or condos and the like. Even so, the infrastructure had been built up, which included an offsite sewer line to handle the anticipated capacity of a little higher density. With 17 lots, the Kellys were looking at this first parcel as a test parcel to gauge the ability of this type of product to sell. In his 15 years in the area, people had been asking for them to bring out a product like this for years. A patio home was a single-family product for people, like retired couples, who wanted something a little smaller with not a lot of space or a big yard to maintain. Other lots in Bergeron Village were around one-acre. They were hoping this product would meet a new customer because they didn’t want just one customer. They were not dedicating any parks for this development, but owners would have immediate access to all the trail systems that wrapped all around Bergeron Village. Two areas were also set aside for pocket parks in the future. The trail systems were private and would be privately maintained, however, the trails were open to the public. They expect that the people who came and walked around the neighborhood would be their next buyers. It was a large development, and this was another product in the lineup so that not everything was identical throughout. Secretary Garret Kamps thanked Mr. MacRitchie and commented that it was really helpful to hear the vision behind the development. There were no other commissioner questions. The applicant did not have any final comments. There were no public comments. ** A motion was made by Commissioner Mendive, seconded by Secretary Kamps to forward a recommendation to City Council to conditionally approve Tentative Map No. 6-25 subject to the conditions found in the City of Elko Staff Report dated November 6, 2025, listed below: 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. December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 4 of 10  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. A hydrology report is required with Final Map submittal. 9. Final Map construction plans are to comply with Chapter 3-3 of City code. 10. The subdivision design and construction shall comply with Title 9, Chapter 8 of City code. 11. The Utility Department will issue an Intent to Serve letter upon approval of the Tentative Map by the City Council. 12. Any slopes greater than 3:1 shall be stabilized as outlined in the City of Elko BMP Manual. 13. The HOA shall be filed with the State of Nevada prior to recordation of the Final Map. 14. Direct access from each lot onto Windsor Avenue or East Jennings Way is prohibited. 15. A Development agreement must be submitted along with the final map for City Council approval by ordinance. Public Works Department: 1. All public improvements to be installed at time of development per Elko city code. See memo from Community Development. If any landscaping is proposed in the ROW, it shall be maintained by the Homeowner’s Association. Engineering: 1. Display note on map with snow storage location. Easement width seems large for the utilities shown - is there an opportunity to narrow that up or is the width required for other utilities? Commissioner Mendive's findings to support the motion are the proposed subdivision and 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; or the Wellhead Protection Program. The proposed subdivision complies with Section 3-3-5(E)(2)(a)-(k) as discussed in this report and as required by Section 278.349(3) of the Nevada Revised Statutes. The proposed subdivision is in conformance with Elko City Code 3-3-9 through 3-3-25 with the approval of a Development Agreement along with the final map submittal. The property is not located within the Redevelopment Area. Therefore, there is no conflict with the Redevelopment Plan. 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 approval of the referenced development agreement. The motion passed unanimously. (7-0) December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 5 of 10  2. Review, consideration and possible action on Variance No. 3-25, filed by Gary Silber, to allow for a reduction of the front yard setback from 15 feet to 12 feet within an R (Single-Family and Multiple-Family Residential) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is generally located on the east side of Metzler Road, approximately 1,000 feet south of the intersection of Metzler Road and Sunrise Drive. (1111 Metzler Road – APN 001-740-021) CL No planning commissioners needed to sit this item out. Gary Silber, 1111 Metzler Road, introduced himself as the applicant. He said he was trying to update the place so that everything was legal and permitted. This was the last thing that was needed. Chairman Dalling called for public comments without a response and then moved on to comments from City Staff. Mr. Negron went over the City of Elko Staff Report dated November 14, 2025, provided in the agenda packet. The property’s Master Plan designation was Residential High Density even though it had been several different businesses over the years, including a meat processing plant originally. Mr. Silber purchased the property to convert it into a single-family residence. The property was surrounded by residential developed properties to the north, east and west, as well as by residential undeveloped land to the south. It was accessed from Metzler Road. It met both the Land Use and Transportation components of the Master Plan. It was not located within the redevelopment area. It was located outside any capture zone for any City well and therefore did not present a hazard to City wells. The property would be in conformance with the establishment of zoning districts and the residential zoning districts sections of code with the approval of the variance. The applicant’s statements from the application and Staff’s findings to support the granting of the variance were included in the Staff Report. The property was not in a designated flood zone hazard. There were 13 findings and Staff recommended approval with four conditions. Mr. Frandsen said the Fire Department did not have any concerns. Mr. Johnson said the City Manager’s Office approved this one as presented by staff. Moving on to Commissioner comments and questions, Chairman Dalling commented that it would fit in the area. Regarding the use of the property as a meat processing plant, Commissioner Michael Irish asked if all the septic tanks and treatment systems had been removed (if there were any in the first place). He also wondered what they did with the byproducts from processing. December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 6 of 10 Mr. Negron said it had been a plant years ago and didn’t know about any systems. He supposed byproducts would have been hauled to the landfill. Mr. Johnson said the property had city water and sewer services. He supposed the plant was there before any requirements for byproduct disposal. The applicant did not have any final comments. There were no public comments. ** A motion was made by Commissioner Mendive, seconded by Commissioner Nunes to approve Variance No. 3-25 subject to the conditions in the City of Elko Staff Report dated November 14, 2025, listed as follows: 1. Commencement within one year and completion within eighteen (18) months. 2. Conformance to plans approved as a part of the variance. 3. Subject to review in two (2) years if determined necessary by the planning commission. 4. Applicant to record variance action report within 60 days after approval of Planning Commission. 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 in conformance with the Transportation Component of the Master Plan. The property is not located within the redevelopment area and consideration of the plan was not required. The proposed variance is consistent with City of Elko Wellhead Protection Plan. The property, as converted to a principal permitted use as a single family residence, conforms to Section 3-2-4 of city code with the approval of the variance. The proposed development for the principal permitted use of a single family residence, is not in conformance with Elko City Code 3-2-5(G) without the approval of a variance. The proposed development conforms to Section 3-2-17 of city code with the proposed development of the single family residence. In accordance with Section 3-2-22, the applicant has demonstrated that the hardship is the existing structure was constructed as an industrial use prior to zoning code and regulations. Conversion to a single family residence will bring the property into a principal permitted use within the zoning district. In accordance with Section 3-2-22, the applicant has demonstrated that the property has unique circumstances to support the reduction of the front yard setback. 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. Single family is listed as a principal use in the underlying zone. 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. (7-0) 3. Review, consideration and possible action on Variance No. 4-25, filed by Trooper Holdings, LLC, to allow for a reduction of the rear yard setback that adjoins a residential zoning district from 25 feet to 9.75 feet; a reduction of the side yard setback from 10 feet to 9.60 feet; and from Elko City Code 3-2-17(B)(3)(d), to allow vehicles to back into the street from the off street parking, all within a GI December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 7 of 10  (General Industrial) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is located on the north corner of the intersection of Douglas Street and S. 7th Street. (725 Douglas Street, 729 Douglas Street and 151 S. 7th Street – APN 001-358-006) CL No planning commissioners needed to sit this item out. Kurt Neddenriep, 1828 Sequoia Drive, introduced himself as the applicant. He was 50% owner of Trooper Holdings, LLC, with Katie Neddenriep as the other owner. They bought the property from F.I.S.H. (Elko Friends in Service Helping) and had since engaged the services of Lana Carter, Carter Engineering, and Mike Lostra, Lostra Engineering, to bring it up to current code. They had already made some really good safety improvements, like cutting down overgrown vegetation, bringing in DME to fix some electrical deficiencies, and demolishing a lean-to/carport structure identified during a courtesy walkthrough with the City that had never been permitted. His point of giving these examples was to show that if this variance was approved, they would do everything right. It will be a better product for everybody – the tenants, the city and everyone in the area. Chairman Dalling asked what they were going to do with it. Mr. Neddenriep said the corner building, which was addressed as 719 Douglas Street by the utilities and as 725 Douglas Street by the City, was rented by Barrick Exploration for storage of records and core samples. The building at 729 Douglas Street was formally used by F.I.S.H. for excess food storage. It did not have a permit because F.I.S.H. did not need one. The building at 151 S. 7th Street had been occupied by Rosie’s Small Engine Repair until they were evicted in August as part of the property sale terms. They had a valid business license until the eviction, which was important in determining if the property had lost its legal non-conforming status that would have been triggered by a vacancy exceeding 12 months. The new tenant is a drilling exploration company. They got their permit today. If the variance was approved, the old F.I.S.H. building would be opened up for non-assembly uses that fit the site improvements being designed by Mr. Lostra and Ms. Carter for the right number of parking spaces and an ADA bathroom. Once those were in place, he would put it on the market to find a tenant. Chairman Dalling thanked Mr. Neddenriep before calling for public comments to which he received no response. Then he moved on to comments from City Staff. Mr. Negron went over the City of Elko Staff Report dated November 14, 2025, provided in the agenda packet. The parcel is 12,500 square feet. It is surrounded on three sides by other general industrial properties, both developed and undeveloped, as well as a developed residential mobile home property to the northeast. There was a high-sloped concrete pavement to one of the structures (the building on the corner; see the elevation photo provided in the agenda packet). There were multiple buildings on the property, one of which had been occupied in the last 12 months, while the December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 8 of 10 others had not. The applicant also applied for the vacation of portions of Douglas Street and 7th Street rights-of-way. He highlighted a few of the findings, which included that the proposed variance was not in strict conformance with the Land Use component of the Master Plan, but it did not frustrate its goals and objectives. It was in conformance with the Transportation Component. The property was located within the redevelopment area and did not conflict with the goals and objectives of the Redevelopment Plan. Pertinent sections of the City Code included GI industrial district, variances, and regulations for traffic, access, parking and loading. The variance was needed for the existing development to comply with setback requirements. Based on the information provided in the application, all six items for the granting of a variance have been met. Approval was also required for backing movements into the street from the proposed off-street parking. With 11 findings and six conditions, Staff recommended approval. Chairman Dalling pointed out that finding number nine said, “Granting of the variance will result in material damage or prejudice…” He asked if that was a typo. Both Mr. Negron and Rachel Randall, Planning Technician, believed it was a typo. Ms. Randall said this finding summarized one of the discussion points on page five, where it said “will not”. Mr. Frandsen said the Fire Department did not have any concerns. Mr. Johnson said the City Manager's office approved this as presented. He also wanted the board to know that the City Council approved a sewer waiver for this project at its last meeting, which meant they didn’t have to extend sewer services along the frontage. The property was already served by sewer and water. No other sewer service in the area would need to be included on an extension. There were no commissioner questions. Chairman Dalling commented that it looked like a good use of the existing buildings. The applicant did not have any final comments. There were no public comments. ** A motion was made by Commissioner Mendive, seconded by Secretary Kamps to approve Variance No. 4-25 subject to the conditions in the City of Elko Staff Report dated November 14, 2025, listed as follows: 1. Trooper Holdings LLC needs to obtain an Elko City Business License for commercial property rentals as the property has 2 or more commercial buildings that could be leased. 2. Commencement within one year and completion within eighteen (18) months. 3. Conformance to plans approved as a part of the variance. 4. Subject to review in two (2) years if determined necessary by the planning commission. 5. Vacation 6-25 be approved and the resolution recorded prior to recordation of variance. 6. Variance 4-25 Action Report to be recorded by applicant within 90 days of approval. December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 9 of 10 Commissioner Mendive's findings to support the motion, as listed in the Staff Report with the correction of the typo found in number nine, are the proposed variance is not in strict conformance with the Land Use Component of the Master Plan but does not frustrate the goals and objectives of the Master Plan. The proposed variance is in conformation with the Transportation Component of the Master Plan. The property is located within the redevelopment area and does not conflict with the goals and objectives of the Redevelopment Plan. The proposed use is in conformance with the principal permitted uses listed in Elko City Code 3-2-12 and requires approval of the variance to be in conformance with the setback requirements listed in 3-2-12 for the General Industrial Zoning District. The proposed off- street parking is backing into the street and therefore, a variance will be required to be approved in order to be in conformance with Elko City Code 3-2-17. In accordance with Section 3-2-22, the applicant has demonstrated the special circumstances or features regarding the parcel as it is an existing developed parcel. In accordance with Section 3-2-22, the applicant has demonstrated that there are practical difficulties or exceptional undue hardships, which constitutes an abridgment of property right and deprives the property owner of reasonable use of property. In accordance with Section 3-2-22, the applicant has demonstrated special circumstances or conditions do not apply generally to other properties in the same zoning district. 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 motion passed unanimously. (7-0) 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. ADJOURNMENT There being no further business, the meeting was adjourned. Jeff Dalling, Chairman Garret Kamps, Secretary December 2, 2025 City of Elko Planning Commission Meeting Minutes Page 10 of 10