City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING March 5, 2013 I. CALL TO ORDER Mayor Hafen called the Regular Meeting to order at 7:19 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, and Fire Station No. 86, and by mailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing List. Present: Andy Hafen, Mayor Sam Bateman, Councilman Debra March, Councilwoman John F. Marz, Councilman Gerri Schroder, Councilwoman Absent: None Officers: Jacob Snow, City Manager Josh Reid, City Attorney Sabrina Mercadante, City Clerk Absent: None Staff: Robert Murnane, Public Works Director Stephanie Garcia-Vause, Director of Community Development and Services Richard Derrick, Finance Director Jonathon Nunes, Council and Commission Services Coordinator Tedie Jackson, Minutes Clerk Mayor Hafen stated that all City Council meetings are being video recorded and streamed live to the web. Henderson City Council Regular Meeting Page 2 of 39 March 5, 2013 – Minutes III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Pastor Douglas Barnett, Grace Lutheran Church, and was followed by the Pledge of Allegiance. Mayor Hafen recognized Boy Scout Troop No. 199. IV. ACCEPTANCE OF AGENDA (Motion) Councilwoman Debra March moved to accept the agenda as amended: CA-14 was continued to the April 9, 2013, City Council Meeting at the request of the applicant. B-19 was continued to the April 9, 2013, City Council Meeting at the request of the applicant. NB-24 was withdrawn at the request of staff. NB-27, the recommended motion was changed from “Affirm Planning Commission’s decision to deny DRA-12-500412” to “Modify Planning Commission’s decision of denial to approve DRA-12-500412 based on inclusion of the new architecture and floor plans, subject to conditions”, by staff. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. V. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS PR-1 COMMENDATION LAURA FUCCI COMMUNICATIONS AND COUNCIL SUPPORT Commendation in recognition of Laura Fucci, City of Henderson Chief Information Officer, being named one of the top 25 Doers, Dreamers and Drivers of 2013 by Government Technology. (Action) City Manager Snow read the Commendation for Laura Fucci, City of Henderson Chief Information Officer, for being named one of the top 25 Doers, Dreamers and Drivers of 2013 by Government Technology, which was presented to her by the Mayor and Council. Henderson City Council Regular Meeting Page 3 of 39 March 5, 2013 – Minutes VI. CITY MANAGER'S REPORT City Manager Snow recognized John Penuelas, City Traffic Engineer, for the City of Henderson Public Works Department being awarded the 2012 Transportation Project of the Year Award, for the City of Henderson GPS Emergency Vehicle Preemption System Project that Mr. Penuelas developed. City Manager Snow also recognized Stephanie Garcia-Vause, Director of Community Development and Services, for being named 2013 Woman of the Year, for the excellent service she provides and for her involvement on the Board of Directors for the Boys & Girls Clubs of Henderson. There was a brief PowerPoint presentation that accompanied those recognitions. VII. CONSENT AGENDA CA-2 MINUTES COMMITTEE AND REGULAR MEETING FEBRUARY 5, 2013 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of February 5, 2013. (Motion) Councilman Sam Bateman moved to adopt the City Council Committee and Regular Meeting minutes of February 5, 2013. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-3 MINUTES COMMITTEE AND REGULAR MEETING FEBRUARY 19, 2013 CITY CLERK'S OFFICE City of Henderson City Council Committee and Regular Meeting minutes of February 19, 2013. Henderson City Council Regular Meeting Page 4 of 39 March 5, 2013 – Minutes (Motion) Councilman Sam Bateman moved to adopt the City Council Committee and Regular Meeting minutes of February 19, 2013. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-4 ANNUAL REPORT CITY CROSSING 1-15, LLC DEVELOPMENT AGREEMENT COMMUNITY DEVELOPMENT City Crossing 1-15, LLC Development Agreement annual report to City Council to determine whether the terms and/or conditions of the agreement are being complied with. (Motion) Councilman Sam Bateman moved to accept the City Crossing 1-15, LLC Development Agreement Annual Report. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-5 VEHICLE PURCHASE ANIMAL CONTROL TRUCK CMTS NO. 131-13-SSFL-219 PUBLIC WORKS DEPARTMENT Purchase of one replacement Animal Control Truck from Caldwell Country Chevrolet, P.O. Box 27, Caldwell Texas 77836, in an amount not to exceed $55,891.00.| (Motion) Councilman Sam Bateman moved to approve purchase of one replacement Animal Control Truck from Caldwell Country Chevrolet, P.O. Box 27, Caldwell Texas 77836, in an amount not to exceed $55,891.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 5 of 39 March 5, 2013 – Minutes CA-6 VEHICLE PURCHASE VACTOR SEWER CLEANING TRUCK CMTS NO. 131-13-SSFL-220 PUBLIC WORKS DEPARTMENT Purchase of a Vactor 2112 sewer cleaning truck from Haaker Equipment Company, 10 W. Mayflower Avenue, North Las Vegas, Nevada 89030, in the total amount of $370,624.00. (Motion) Councilman Sam Bateman moved to approve purchase of a Vactor 2112 sewer cleaning truck from Haaker Equipment Company, 10 W. Mayflower Avenue, North Las Vegas, Nevada 89030, in the total amount of $370,624.00. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-7 GRANT AWARD STATE OF NEVADA DEPARTMENT OF PUBLIC SAFETY OFFICE OF CRIMINAL JUSTICE JUSTICE ASSISTANCE GRANT (JAG) 09 ARRA GRANT CMTS NO. 211-13-2101-G0442 POLICE DEPARTMENT Grant award from the State of Nevada, Department of Public Safety, Office of Criminal Justice, Justice Assistance Grant (JAG) 09 ARRA Grant for the City of Henderson Police Department to purchase P-25 compliant radios in the amount of $30,403.45. (Motion) Councilman Sam Bateman moved to accept a grant award from the State of Nevada, Department of Public Safety, Office of Criminal Justice, Justice Assistance Grant (JAG) 09 ARRA Grant for the City of Henderson Police Department to purchase P-25 compliant radios in the amount of $30,403.45. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 6 of 39 March 5, 2013 – Minutes CA-8 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE BANGKOK 9 APPLICANT: BANGKOK 9 LLC Application for Beer, Wine, and Spirit-Based Products On-Sale business license for Bangkok 9 LLC dba Bangkok 9, 663 North Stephanie Street, Henderson, Nevada 89014. (Motion) Councilman Sam Bateman moved to approve the application for Beer, Wine, and Spirit-Based Products On-Sale business license for Bangkok 9 LLC dba Bangkok 9, 663 North Stephanie Street, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-9 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE THE LAKE CLUB APPLICANT: NEVADA SOUTH SHORE LLC Application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for Nevada South Shore LLC dba The Lake Club, 210 Grand Mediterra Boulevard, Henderson, Nevada 89011. (Motion) Councilman Sam Bateman moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Nevada South Shore LLC dba The Lake Club, 210 Grand Mediterra Boulevard, Henderson, Nevada 89011. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 7 of 39 March 5, 2013 – Minutes CA-10 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE THE GOLF CLUB AT SOUTHSHORE APPLICANT: NEVADA SOUTH SHORE LLC Application for the Beer, Wine, and Spirit-Based Products Off-Sale business license for Nevada South Shore LLC dba The Golf Club at Southshore, 100 Strada Di Circolo, Henderson, Nevada 89011. (Motion) Councilman Sam Bateman moved to approve the application for Beer, Wine, and Spirit-Based Products Off-Sale business license for Nevada South Shore LLC dba The Golf Club at Southshore, 100 Strada Di Circolo, Henderson, Nevada 89011. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-11 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS OFF-SALE GREEN VALLEY MINI MART APPLICANT: GREEN VALLEY MINI MART INC Ratification of administrative approval of the Beer, Wine, and Spirit-Based Products Off-Sale business license for Green Valley Mini Mart Inc. dba Green Valley Mini Mart, 690 North Valle Verde Drive, Suite 7, Henderson, Nevada 89014. (Motion) Councilman Sam Bateman moved to ratify the administrative approval for Beer, Wine, and Spirit-Based Products Off-Sale business license for Green Valley Mini Mart Inc. dba Green Valley Mini Mart, 690 North Valle Verde Drive, Suite 7, Henderson, Nevada 89014. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 8 of 39 March 5, 2013 – Minutes CA-12 VACATION VAC-13-500025 TREVISO ESTATES APPLICANT: KB HOME NEVADA, INC. Petition to vacate two driveways together with non-exclusive utility/use, municipal utility, and slope easements in the Northeast Quarter of Section 30, Township 22 South, Range 62 East, M.D.M., generally located at the northwest corner of Carmichael Way and Horizon Ridge Parkway, in the Green Valley Ranch Planning Area. (Motion) Councilman Sam Bateman moved to approve a petition to vacate two driveways together with non-exclusive utility/use, municipal utility, and slope easements in the Northeast Quarter of Section 30, Township 22 South, Range 62 East, M.D.M., generally located at the northwest corner of Carmichael Way and Horizon Ridge Parkway, in the Green Valley Ranch Planning Area, subject to conditions: PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Vacation of rights-of-way and easements shall be completed prior to recordation of the final map. 4. Applicant shall reserve easement to NV Energy. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. CA-13 ZONE CHANGE EXTENSION OF TIME ZCA-08-660010-E2 SUNSET/GIBSON APPLICANT: JOEL LAUB & ASSOCIATES Extension of time of a rezoning request from IG-RD (General Industrial with Redevelopment Overlay) to CC-RD-PUD (Community Commercial with Redevelopment and Planned Unit Development Overlays) on 7.1 acres, generally located at the northwest corner of Gibson Road and Cape Horn Drive, in the Eastside Redevelopment and Midway Planning Areas. Henderson City Council Regular Meeting Page 9 of 39 March 5, 2013 – Minutes (Motion) Councilman Sam Bateman moved to approve an extension of time of a rezoning request from IG-RD (General Industrial with Redevelopment Overlay) to CC-RD-PUD (Community Commercial with Redevelopment and Planned Unit Development Overlays) on 7.1 acres, generally located at the northwest corner of Gibson Road and Cape Horn Drive, in the Eastside Redevelopment and Midway Planning Areas, subject to findings of fact, conditions, and waivers: FINDINGS OF FACT a. The proposal is consistent with the Comprehensive Plan. b. The planned development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. c. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. d. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. e. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. f. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study for Public Works' approval. 3. Driveways shall be constructed per Clark County Area Standard Drawing Nos. 226.1 and 226.2 and dedicate any necessary right-of-way. 4. Applicant shall obtain all necessary NDOT and Utilities approvals. 5. Applicant shall submit a traffic analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. Henderson City Council Regular Meeting Page 10 of 39 March 5, 2013 – Minutes 6. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 7. Mapping shall be required and completed prior to Certificate of Occupancy/approval of Civil Improvement Plans. (E2) DEPARTMENT OF UTILITY SERVICES CONDITIONS 8. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 9. Applicant shall comply with the requirements of the master utility plan established for the project area. 10. All onsite utilities shall remain privately owned and maintained. 11. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 12. Applicant may be required to extend sewer from Sunset Road to serve proposed project in accordance with the Department of Utility Services' requirements. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 13. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 14. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 15. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational prior to starting construction or moving combustibles on site. 16. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 17. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 18. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 19. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. Henderson City Council Regular Meeting Page 11 of 39 March 5, 2013 – Minutes 20. Provide allowance for shared secondary access with the gas station to the north if acceptable secondary access is not permitted by NDOT along Sunset Road. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 21. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 22. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 23. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 24. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. 25. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 26. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 27. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 28. The applicant must obtain approval of a design review for specific buildings and use permits, if required, for the future restaurant and office building. 29. This approval does not endorse signage shown with this application. Signage shall be reviewed and approved separately. 30. This resolution of intent shall expire on November 17, 2013. (E2) Henderson City Council Regular Meeting Page 12 of 39 March 5, 2013 – Minutes 31. All parking spaces required by Section 19.10.1 of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. 32. Room rentals at Staybridge Suites (or any room with a kitchen) for longer than six consecutive nights are prohibited. 33. If the site is revised to comply with Parks and Recreation Department Condition No. 35, and if as a result any Development Code waivers become necessary, City Council approval of an amendment to this application is required. 34. Prior to obtaining a business license for a medical office use, the applicant must provide Community Development with an updated parking analysis that recalculates the amount of parking spaces required for the site. City Council approval of a PUD waiver may be necessary if there is insufficient parking for medical or mixed office uses. PARKS AND RECREATION DEPARTMENT CONDITION 35. Applicant shall provide a trail corridor with a 12-foot asphalt trail along US95/I-515 Trail. The trail corridor width, landscape, lighting and irrigation shall be per City of Henderson Park Standards. All landscape is to be constructed in the first phase of development construction. Applicant shall pay all fees and bond for improvements as part of the Civil Improvement Plan Process. As an alternate, the applicant shall provide cash-in-lieu of construction prior to civil improvement plan approval. WAIVERS a. Increase the maximum building height to 57 feet 1 inch for the La Quinta Inn, and 72 feet 8 inches for its tower. b. Reduce the minimum width of the landscape buffer along US-95 to 10 feet, and to 5 feet 6 inches along Gibson Road. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 13 of 39 March 5, 2013 – Minutes CA-14 ZONE CHANGE AMENDMENT ZCA-06-660056-A1 HORIZON AND VALLE VERDE COMMERCIAL SUBDIVISION APPLICANT: BANK OF NEVADA Amend a zone change to rezone from PS (Public/Semipublic) on 2.9 acres, RS-2 (Low-Density Residential) on 1.5 acres, and RS-6 (Low-Density Residential) on 0.1 acre to CO (Commercial Office) on 4.5 acres and to remove the site and architectural designs and waivers, generally located northeast of the intersection of Horizon Ridge Parkway and Valle Verde Drive, in the Green Valley Ranch Planning Area. (Action) This item was continued to April 14, 2013. VIII. PUBLIC HEARINGS PH-15 PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT CPA-13-500021 ZONE CHANGE ZCA-13-500022 DESIGN REVIEW DRA-13-500023 TENTATIVE MAP TMA-13-500024 DEEPWATER APPLICANT: PARDEE HOMES OF NEVADA A) Amend the Comprehensive Plan Land Use category from Medium-Density Residential to Low-Density Residential; B) Rezone from RS-2 (Low-Density Residential) to RS-6 (Low-Density Residential); C) Review of architectural design and landscaping for a 47-lot (44 single-family, 3 common) residential subdivision; and D) A 47-lot (44 single-family, 3 common) residential subdivision; on 10.1 acres generally located at the southeast corner of the Horizon Ridge Parkway and Gibson Road, in the McCullough Hills Planning Area. Stephanie Garcia Vause, Director of Community Development and Services, presented a summary of this item and said the Planning Commission recommends approval. Henderson City Council Regular Meeting Page 14 of 39 March 5, 2013 – Minutes Mayor Hafen opened the public hearing at 7:30 p.m., asking if there was anyone present wishing to speak for or against this item. Tom Amick, 8345 West Sunset Road, representing the applicant, showed a site plan and said this is an existing subdivision the applicant took over from Pulte Homes. There being no one else wishing to speak, the public hearing was closed at 7:31 p.m. Councilwoman March encouraged the applicant to discuss the possibility of including language in the CC&Rs regarding screening of trash containers. Mr. Amick replied that the idea is for the homeowners’ association to not prohibit storing trash containers on the side of the homes as long as the containers are screened. (Motion) Councilwoman Debra March moved to amend the Comprehensive Plan Land Use category from Medium-Density Residential to Low-Density Residential; rezone from RS-2 (Low-Density Residential) to RS-6 (Low-Density Residential); approve review of architectural design and landscaping for a 47-lot (44 single-family, 3 common) residential subdivision; and approve a 47-lot (44 single-family, 3 common) residential subdivision; on 10.1 acres generally located at the southeast corner of the Horizon Ridge Parkway and Gibson Road, in the McCullough Hills Planning Area, subject to conditions: CPA-13-500021 FINDINGS OF FACT A. There was an error in the original Comprehensive Plan adoption. B. The City Council failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. C. Events, trends or facts after adoption of the Comprehensive Plan have changed the City Council's original findings made upon plan adoption. D. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. ZCA-13-500022 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. Henderson City Council Regular Meeting Page 15 of 39 March 5, 2013 – Minutes B. The planned development addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 3. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. Henderson City Council Regular Meeting Page 16 of 39 March 5, 2013 – Minutes DRA-13-500023 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The proposed development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. D. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. E. The same development could not be accomplished through the use of other techniques such as variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. DEPARTMENT OF UTILITY SERVICES CONDITIONS 2. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 3. Applicant shall comply with the requirements of the master utility plan established for the project area. 4. Applicant shall be required to construct a full-frontage water main extension along Gibson Road and Aurora Drive. 5. Applicant shall be required to construct a full-frontage sewer main extension along Gibson Road. 6. Applicant shall prepare water and sewer system design in accordance with the Department of Utility Services' requirements. Approval of this application does not infer Department of Utility Services' approval for the water and sewer system layout as reflected on the application. Henderson City Council Regular Meeting Page 17 of 39 March 5, 2013 – Minutes FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 7. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 8. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 9. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational in accordance with the 2009 International Fire Code Section 1412 as amended. 10. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 11. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 12. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 13. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. 14. Applicant shall install an approved sprinkler system in all dwelling units as required by Code. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 15. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 16. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 17. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. Henderson City Council Regular Meeting Page 18 of 39 March 5, 2013 – Minutes 18. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. 19. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 20. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 21. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 22. Approval of this design review shall be for a period of 18 months from the effective date of approval, unless the approval is extended in accordance with Section 19.6.6.B of the Development Code. 23. Applicant must post a bond with the Public Works Department for the installation of all perimeter landscaping and common open space landscaping and amenities prior to approval of the Civil Improvement Plans. 24. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 25. Applicant must comply with all conditions of approval for ZCA-13-500022. 26. Prior to issuance of a building permit for homes, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Homeowners Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). WAIVERS a. Allow “stub” streets for private streets at Lot 4 and Lot 41. b. Allow 42-foot-wide private streets with a 5-foot sidewalk on one side (Street B). c. Allow lot width less than 60 feet wide and lot size less than 6,000 square feet. Henderson City Council Regular Meeting Page 19 of 39 March 5, 2013 – Minutes Lot Number Lot Width Square Footage 2 56 feet 5,252 sq. ft. 3 56 feet 5,251 sq. ft. 4 65.84 feet 5,780 sq. ft. 5 42.05 feet 5,958 sq. ft. 6 56 feet 5,488 sq. ft. 7 56 feet 5,493 sq. ft. 8 56 feet 5,539 sq. ft. 9 56 feet 5,595 sq. ft. 10 56 feet 5,651 sq. ft. 11 56 feet 5,707 sq. ft. 12 56 feet 5,756 sq. ft. 13 56.02 feet 5,840 sq. ft. 24 56 feet 5,768 sq. ft. 25 56 feet 5,768 sq. ft. 26 56 feet 5,768 sq. ft. 27 56 feet 5,768 sq. ft. 28 56 feet 5,768 sq. ft. 29 56 feet 5,768 sq. ft. 30 55.64 feet 5,462 sq. ft. 31 57.76 feet 5,677 sq. ft. 42 57.25 feet 5,551 sq. ft. 43 57-59 feet 5,529 sq. ft. 44 47 feet 5,644 sq. ft. d. Reduce the side-yard setback, Lot 40, from 10 feet to 8 feet 6 inches. e. Allow 6-foot landscape width along Gibson Road. TMA-13-500024 PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study (update) for Public Works' approval. 3. Applicant shall submit a traffic analysis (update) to address traffic concerns and to determine the proportionate share of this development’s local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. 4. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. Henderson City Council Regular Meeting Page 20 of 39 March 5, 2013 – Minutes 5. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works' requirements and provide proof of vacation prior to (Certificate of Occupancy/approval of Civil Improvement Plans/Final Map/Parcel Map). 6. Applicant shall comply with Standard Drawing No. 201.1, which refers to major intersections and dedicate any necessary R/W. 7. Applicant shall provide paved off-street parking. 8. Applicant shall apply for and receive approval of a revocable permit for landscaping and irrigation within the public right-of-way. 9. Applicant shall provide copies of cross-access agreements on adjacent properties. 10. Streets shall be privately owned and maintained. Any pavement replaced by the City during any road repairs due to utility maintenance shall be standard paving only. The replacement of any non-standard street or sidewalk materials such as, but not limited to, pavers and stamped concrete, will be the responsibility of those responsible for the private streets. 11. Applicant shall revise Civil Improvement Plans for project to the east/ per Public Works' requirements. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 12. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 13. Approval of this tentative map for 47-lots (44 single-family and 3 common) shall be for a period of four years from the effective date of approval. 14. The proposed street names are not approved through this application. Applicant shall submit a list of proposed street names to Community Development for approval prior to approval of the final map. 15. Applicant must grant, with recordation of the final map, a perpetual, non- exclusive easement for ingress, egress, and use upon and over all portions delineated as a private street for the benefit of all lots shown hereon. All private streets must be privately maintained. 16. Applicant must comply with all conditions of approval for ZCA-13-500022. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 21 of 39 March 5, 2013 – Minutes PH-16 ACCOMPANYING RESOLUTION FOR PH-15 CPA-13-500021 DEEPWATER APPLICANT: COMMUNITY DEVELOPMENT AND PARDEE HOMES OF NEVADA Resolution No. 4075 was introduced and read by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 10.1 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 23, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE HORIZON RIDGE PARKWAY AND GIBSON ROAD, IN THE MCCULLOUGH HILLS PLANNING AREA, FROM MEDIUM-DENSITY RESIDENTIAL TO LOW-DENSITY RESIDENTIAL. See discussion under PH-15. (Motion) Councilwoman Debra March moved to adopt Resolution No. 4075. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 22 of 39 March 5, 2013 – Minutes PH-17 PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENT CPA-13-500012 ZONE CHANGE ZCA-13-500013 TENTATIVE MAP TMA-13-500014 GIBSON PLAZA APPLICANT: D.R. HORTON, INC. A) Amend the Comprehensive Plan Land Use category from Commercial on 52.9 acres, Medium-Density Residential on 19.1 acres, and Business Industrial on 3.6 acres to Low-Density Residential on 48.1 acres, Medium-Density Residential on 24.1 acres, and Commercial on 3.3 acres; B) Zone Change from CC-MP (Community Commercial with Master Plan Overlay) on 72.0 acres and IL (Limited Industrial) on 5.5 acres to RS-6 (Low-Density Residential) on 23.0 acres, RS-8 (Low-Density Residential) on 25.1 acres, and RM-10 (Medium-Density Residential) on 24.1 acres, and CC (Community Commercial) on 3.3 acres; and C) A 463-lot (424 single-family, 39 common) residential subdivision on 72.3 acres; generally located at the southwest corner of Gibson Road and Warm Springs Road, in the Gibson Springs Planning Area. Stephanie Garcia-Vause, Director of Community Development and Services, presented a summary of this item and noted that the Planning Commission recommends approval. Mayor Hafen opened the public hearing at 7:34 p.m., asking if there was anyone present wishing to speak for or against this item. Tom Amick, 8345 West Sunset Road, representing the applicant, said the neighbors voiced support of this project during a neighborhood meeting. He noted that the neighbors were not in favor of the traffic circles, so that condition has been removed. Mr. Amick commented that this is the first residential subdivision application without any waivers in the new Code. There being no one else wishing to speak, the public hearing was closed at 7:36 p.m. Councilwoman Schroder said she appreciates the cutouts in the subdivision and asked if the park area will include tot lot or playground area for kids. Henderson City Council Regular Meeting Page 23 of 39 March 5, 2013 – Minutes Mr. Amick replied that the park will be a combination of turf, landscaping, and a walking path; however, the amenities have not yet been determined. Per Mayor Hafen’s suggestion, Mr. Amick agreed that they will work with Parks and Recreation staff to discuss amenities for the park. Responding to a question by Councilwoman Schroder regarding screening the trash containers, Mr. Amick said the applicant is amenable to making sure that the homeowners’ association does not prohibit storing trash containers on the side of homes as long as the containers are screened. In response to a question by Councilman Marz, Mr. Amick said there is landscaping between the wall and the sidewalk. He noted that the homeowners’ association will maintain that landscaping per City Code. (Motion) Councilwoman Gerri Schroder moved to amend the Comprehensive Plan Land Use category from Commercial on 52.9 acres, Medium-Density Residential on 19.1 acres, and Business Industrial on 3.6 acres to Low-Density Residential on 48.1 acres, Medium-Density Residential on 24.1 acres, and Commercial on 3.3 acres; approve a Zone Change from CC-MP (Community Commercial with Master Plan Overlay) on 72.0 acres and IL (Limited Industrial) on 5.5 acres to RS-6 (Low-Density Residential) on 23.0 acres, RS-8 (Low-Density Residential) on 25.1 acres, and RM-10 (Medium-Density Residential) on 24.1 acres, and CC (Community Commercial) on 3.3 acres; and approve a 463-lot (424 single-family, 39 common) residential subdivision on 72.3 acres; generally located at the southwest corner of Gibson Road and Warm Springs Road, in the Gibson Springs Planning Area, subject to conditions: CPA-13-500012 FINDINGS OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. ZCA-13-500013 FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. Henderson City Council Regular Meeting Page 24 of 39 March 5, 2013 – Minutes B. The planned development addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. DEPARTMENT OF UTILITY SERVICES CONDITIONS 2. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 3. Applicant shall comply with the requirements of the master utility plan established for the project area. 4. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements. 5. Applicant shall prepare water and sewer system design in accordance with the Department of Utility Services' requirements. Approval of this application does not infer Department of Utility Services' approval for the water and sewer system layout as reflected on the application. 6. Applicant shall obtain potable water service from the 1970 pressure zone in accordance with the Department of Utility Services' requirements. Henderson City Council Regular Meeting Page 25 of 39 March 5, 2013 – Minutes FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 7. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 8. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 9. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational in accordance with the 2009 International Fire Code Section 1412 as amended. 10. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 11. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 12. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 13. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. 14. Applicant shall install an approved sprinkler system in all dwelling units as required by Code. COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 15. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. Henderson City Council Regular Meeting Page 26 of 39 March 5, 2013 – Minutes TMA-13-500014 PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study (update) for Public Works' approval. 3. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works' requirements and provide proof of vacation prior to (Certificate of Occupancy/approval of Civil Improvement Plans/Final Map/Parcel Map). 4. Applicant shall comply with Standard Drawing No. 201.1, which refers to major intersections and dedicate any necessary R/W. 5. Applicant shall apply for and receive approval of a revocable permit for landscaping within the public right-of-way. 6. Private Driveways shall be privately owned and maintained. Any pavement replaced by the City during any road repairs due to utility maintenance shall be standard paving only. The replacement of any non-standard street or sidewalk materials such as, but not limited to, pavers and stamped concrete, will be the responsibility of those responsible for the private streets. 7. Landscaping shall not be located within public right-of-way or the sight visibility restriction zone per Clark County Area Standard Drawing No. 201.2. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 8. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 9. Approval of this 463-lot (424 single-family, 39 common) tentative map shall be for a period of four years from the effective date of approval. 10. The proposed street names are not approved through this application. Applicant shall submit a list of proposed street names to Community Development for approval prior to approval of the final map. 11. Prior to issuance of a building permit for homes, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Homeowners Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). Henderson City Council Regular Meeting Page 27 of 39 March 5, 2013 – Minutes 12. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 13. Applicant must post a bond with the Public Works Department for the installation of all perimeter landscaping and common open space landscaping and amenities prior to approval of the Civil Improvement Plans. 14. Applicant must grant, with recordation of the final map, a perpetual, non-exclusive easement for ingress, egress, and use upon and over all portions delineated as a private street for the benefit of all lots shown hereon. All private streets must be privately maintained. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. PH-18 ACCOMPANYING RESOLUTION FOR PH-17 CPA-13-500012 GIBSON PLAZA APPLICANT: COMMUNITY DEVELOPMENT AND D.R. HORTON, INC. Resolution No. 4076 was introduced and read by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, TO AMEND THE LAND USE POLICY PLAN OF THE CITY OF HENDERSON COMPREHENSIVE PLAN FOR THE PURPOSE OF CHANGING THE LAND USE DESIGNATION OF THAT CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF HENDERSON, NEVADA, DESCRIBED AS A PARCEL OF LAND CONTAINING 75.6 ACRES, MORE OR LESS, AND FURTHER DESCRIBED AS A PORTION OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.B. & M., CLARK COUNTY, NEVADA, LOCATED AT THE SOUTHWEST CORNER OF GIBSON ROAD AND WARM SPRINGS ROAD, IN THE GIBSON SPRINGS PLANNING AREA, FROM COMMERCIAL ON 52.9 ACRES, MEDIUM-DENSITY RESIDENTIAL ON 19.1 ACRES, AND BUSINESS INDUSTRIAL ON 3.6 ACRES TO LOW-DENSITY RESIDENTIAL ON 48.1 ACRES, MEDIUM-DENSITY RESIDENTIAL ON 24.1 ACRES, AND COMMERCIAL ON 3.3 ACRES. See discussion under PH-17. Henderson City Council Regular Meeting Page 28 of 39 March 5, 2013 – Minutes (Motion) Councilwoman Gerri Schroder moved to adopt Resolution No. 4076. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. IX. BILLS TO BE READ INTO TITLE B-19 ACCOMPANYING BILL NO. 2706 FOR CA-14 ZCA-06-660056-A1 HORIZON AND VALLE VERDE COMMERCIAL SUBDIVISION APPLICANT: COMMUNITY DEVELOPMENT AND BANK OF NEVADA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 21, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED NORTHEAST OF THE INTERSECTION OF HORIZON RIDGE PARKWAY AND VALLE VERDE DRIVE FROM PS (PUBLIC/SEMIPUBLIC) ON 2.9 ACRES, RS-2 (LOW-DENSITY RESIDENTIAL) ON 1.5 ACRES, AND RS-6 (LOW-DENSITY RESIDENTIAL) ON 0.1 ACRE TO CO (COMMERCIAL OFFICE) ON 4.5 ACRES AND TO REMOVE THE SITE AND ARCHITECTURAL DESIGNS AND WAIVERS, AND OTHER MATTERS RELATING THERETO. (Action) This item was continued to April 9, 2013, at the request of the applicant. B-20 ACCOMPANYING BILL NO. 2707 FOR PH-15 ZCA-13-500022 DEEPWATER APPLICANT: COMMUNITY DEVELOPMENT AND PARDEE HOMES OF NEVADA Jacob Snow, City Manager, introduced and read this bill by title: Henderson City Council Regular Meeting Page 29 of 39 March 5, 2013 – Minutes AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 23, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE HORIZON RIDGE PARKWAY AND GIBSON ROAD FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RS-6 (LOW-DENSITY RESIDENTIAL), AND OTHER MATTERS RELATING THERETO. (Motion) Mayor Hafen moved to refer Bill No. 2707 to the Committee meeting of March 19, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-21 ACCOMPANYING BILL NO. 2708 FOR PH-17 ZCA-13-500013 GIBSON PLAZA APPLICANT: COMMUNITY DEVELOPMENT AND D.R. HORTON, INC. Jacob Snow, City Manager, introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2869, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GIBSON ROAD AND WARM SPRINGS ROAD FROM CC-MP (COMMUNITY COMMERCIAL WITH MASTER PLAN OVERLAY) ON 72.0 ACRES AND IL (LIMITED INDUSTRIAL) ON 5.5 ACRES TO RS-6 (LOW-DENSITY RESIDENTIAL) ON 23.0 ACRES, RS-8 (LOW-DENSITY RESIDENTIAL) ON 25.1 ACRES, AND RM-10 (MEDIUM-DENSITY RESIDENTIAL) ON 24.1 ACRES, AND CC (COMMUNITY COMMERCIAL) ON 3.3 ACRES, AND OTHER MATTERS RELATING THERETO. (Motion) Mayor Hafen moved to refer Bill No. 2708 to the Committee meeting of March 19, 2013, for discussion. Henderson City Council Regular Meeting Page 30 of 39 March 5, 2013 – Minutes The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. B-22 BILL NO. 2709 DEVELOPMENT AGREEMENT CANCELLATION CITY CROSSING 1-15, LLC CITY ATTORNEY'S OFFICE / COMMUNITY DEVELOPMENT Jacob Snow, City Manager, introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, CANCELLING THAT CERTAIN DEVELOPMENT AGREEMENT AMONG THE CITY OF HENDERSON, AND CITY CROSSING LLC 1 THROUGH AND INCLUDING CITY CROSSING LLC 15, FOR THE DEVELOPMENT OF LAND AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. (Motion) Mayor Hafen moved to refer Bill No. 2709 to the Committee meeting of March 19, 2013, for discussion. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. X. PUBLIC COMMENT There were no comments presented by the public. XI. NEW BUSINESS NB-23 FINANCIAL UPDATE FINANCE DEPARTMENT Presentation and update by the Finance Department on the current financial position of the City. Richard Derrick, Finance Director, stated that the consolidated tax revenue totaled $7.9 million. The largest increases in taxable sales collections were in the areas of food services and drinking places, motor vehicle and parts dealers, clothing and clothing accessory stores, and telecommunications. Henderson City Council Regular Meeting Page 31 of 39 March 5, 2013 – Minutes Mr. Derrick reported that staff recently received the preliminary property tax projections for Fiscal Year 2014 from the State of Nevada. He said the City’s assessed valuation for next year is projected to be $8.6 billion. He noted that staff will have more accurate estimates from the state in late March when they release the final revenue projections. Regarding the consolidated tax update, Mr. Derrick stated that today the state senate unanimously passed and sent to the governor Assembly Bill 68, the Consolidated Tax bill. He noted that this bill was the outcome of the Interim Legislative Committee that spent over a year analyzing the consolidated tax formula and culminated in recommendations that will correct many of the unstable components of the distribution method. He said a total of 44 meetings were held and more than 50 local government stakeholders participated from all regions of the state. He noted that Assembly Speaker Kirkpatrick was able to have the bill passed by day 30 of the legislative session. Mr. Derrick thanked the Mayor and Council for their leadership and support through this process. Councilwoman March stated that Mr. Derrick played a key role in the collaboration efforts that occurred between the municipalities, and she thanked him for his hard work. Responding to a question by Councilwoman Schroder, Mr. Derrick said the bill was transmitted to the governor’s office today. He noted that staff met with the governor last week and explained how important this bill is to the City of Henderson and the State as a whole. (Motion) Mayor Andy Hafen moved to accept the presentation and update by the Finance Department on the current financial position of the City. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-24 APPOINTMENTS (MAYOR HAFEN) AUDIT COMMITTEE CITY ATTORNEY'S OFFICE Three appointments by Mayor Hafen to the Audit Committee to fill three positions with terms expiring March 05, 2016. (Action) This item was withdrawn at the request of staff. Henderson City Council Regular Meeting Page 32 of 39 March 5, 2013 – Minutes NB-25 AMEND CRITERIA FOR ADMISSION ONTO THE VETERANS MEMORIAL WALL CITY CLERK'S OFFICE Proposed amendments to the requirements in place for Veterans to be eligible for inclusion on the Veterans Memorial Wall. (Motion) Mayor Andy Hafen moved to approve proposed amendments to the requirements in place for Veterans to be eligible for inclusion on the Veterans Memorial Wall. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-26 BUDGET CONTINGENCY PLAN PARTIAL IMPLEMENTATION AND ADDITIONAL VESP FUNDING DEPARTMENT OF HUMAN RESOURCES / FINANCE DEPARTMENT Partial implementation of the Budget Contingency Plan to reduce the Fiscal Year (FY) 2013 budgets of various City of Henderson departments and approve additional Voluntary Employee Severance Program (VESP) funding. Richard Derrick, Finance Director, reported that since 2008, the City has implemented nearly $120 million in budget reductions and reduced staffing by over 225 positions. He said all of the employees and bargaining units have worked together to be an important part of the solution. He said staff is suggesting the two following measures for the Council’s consideration: 1) further reductions to operating expenditures; and 2) reductions to salaries and benefits through the elimination of existing vacant positions, and the creation of additional vacant positions through the Voluntary Employee Severance Program (VESP). Staff is bringing forward a recommendation to reduce overall operating costs by an additional $1.5 million and the elimination of ten positions permanently from the City staff complement. He noted that all departments should be commended for their efforts to streamline processes and reduce costs throughout their operations. Henderson City Council Regular Meeting Page 33 of 39 March 5, 2013 – Minutes Mr. Derrick stated that the five-year planning committee recommends the approval of $5 million for the continuation of the VESP. Since the inception of the VESP, 318 employees have left the City and approximately 70 percent of the vacancies created have remained unfilled or have been permanently deleted from the staff complement. He said the City saves more than $845,000.00 each pay period, or nearly $22 million per year. The VESP has saved over $49 million in salary and benefit costs Citywide. Mr. Derrick thanked the Mayor and Council, City Manager, and the executive team for their leadership and diligence as we navigate through these challenging times towards financial sustainability. Councilman Bateman thanked all the department heads for their hard work to get closer to balancing the budget. He asked Mr. Horvath to explain how the City is using the money that we save to save more money. Fred Horvath, Human Resources Director, clarified that the City saves over $900,000.00 per pay period, and that cash flow is funding the ongoing expenditures of additional dollars to reduce the workforce further. He said this clearly will be the last VESP that is offered since the City is close to a balanced budget. Mr. Horvath noted that this effort will stretch the organization to where there may be delays of services. He said staff expects all employees who take the VESP will be out of the City’s employment by June 20, 2013. Responding to a question by Councilman Bateman regarding the benefits to a municipality of a VESP as opposed to layoffs, Mr. Horvath explained his experience with reduction-of-force efforts in the private sector. He stated how inefficient it is to have someone to return to a job they have not done for many years. He stated that the City has been able to reduce the workforce with the right people in the right way. Councilman Marz thanked all the department heads for their hard work to continue bringing savings to the City. He said he is really impressed that staff was able to retain Parks and Recreation services that could have been cut and would have a negative effect on citizens in the community. Councilwoman Schroder commented that the employees have really taken the brunt of everything and she thanked staff for making those sacrifices. She noted that the City has not asked citizens for help during this economic downturn, such as raising property taxes. Mayor Hafen said he believes the City still provides premier services to the residents. He asked if any further reductions will involve reductions in services. Henderson City Council Regular Meeting Page 34 of 39 March 5, 2013 – Minutes Mr. Derrick replied that the City is close to balancing the budget, but there are many needs such as the City’s fleet and facilities. He said the City still cannot reinvest appropriately so staff must be continue to be diligent and face ongoing challenges. Jacob Snow, City Manager, stated that staff may propose service cuts or reductions in the future if there is no improvement in our financial situation due to the overall economy. He said he wants to focus on getting into the position financially to build and improve the City. Mr. Snow mentioned that the Henderson quality initiative entails reviewing every business process in the city in an effort to be more efficient and save money. He said this is an untapped resource with great potential. (Motion) Mayor Andy Hafen moved to approve the partial implementation of the Budget Contingency Plan to reduce the Fiscal Year (FY) 2013 budgets of various City of Henderson departments and approve additional Voluntary Employee Severance Program (VESP) funding. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-27 DESIGN REVIEW DRA-12-500412 (APPEAL AP-1-13) TAVERN AT HORIZON APPLICANT: NEVADA RESTAURANT SERVICES, INC. Review of exterior modifications to an existing building located at 30 East Horizon Ridge Parkway, in the Paradise Hills Planning Area. Stephanie Garcia-Vause, Director of Community Development and Services, presented a summary of this item. She read a memorandum dated February 27, 2013, regarding the applicant submitting revised architectural elevations for the building and revised floor plans. She noted that staff recommends adding the following condition: “Applicant must complete all exterior modifications indicated on the architectural elevations prior to issuance of a Certificate of Occupancy for any use in the building.” Ms. Garcia-Vause said based upon the revised architecture, floor plans, and request from the appellant, staff recommends modifying Planning Commission’s decision of denial and to approve the design review based on inclusion of the new architecture and floor plans, subject to conditions. Henderson City Council Regular Meeting Page 35 of 39 March 5, 2013 – Minutes George Garcia, 1711 Whitney Mesa Drive, Suite 110, representing the applicant, accepted the recommendation of staff with the new condition. He noted that he believes this project will benefit the shopping center. (Motion) Councilwoman Debra March moved to modify Planning Commission’s decision of denial to approve DRA-12-500412 based on inclusion of the new architecture and floor plans, subject to conditions. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. FIRE DEPARTMENT CONDITION The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 2. Applicant may need to upgrade existing fire sprinkler system design density if this use is defined as a casino. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 4. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 5. All parking spaces required by Section 19.7.4 (and relevant subsections of 19.5) of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. Henderson City Council Regular Meeting Page 36 of 39 March 5, 2013 – Minutes 6. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 7. Applicant shall comply with all conditions of approval for CUP-12-500411. 8. Existing landscaping shall be maintained and preserved as shown on the submitted landscape plan. Removal of existing landscaping shall be minimal and only where necessary due to conflicts with newly installed doorways. 9. Applicant must complete all exterior modifications indicated on the architectural elevations prior to issuance of a Certificate of Occupancy for any use in the building. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. NB-28 RESOLUTION PROPOSED SALE OF 203 SOUTH WATER STREET AND WRITE OFF AMOUNT OF THE PROMISSORY NOTE ECONOMIC DEVELOPMENT/REDEVELOPMENT Resolution No. 4077 was introduced and read by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, (I) APPROVING THE PROPOSED SALE OF THE PROPERTY LOCATED AT 203 SOUTH WATER STREET BY THE CITY OF HENDERSON REDEVELOPMENT AGENCY TO AGUA STREET GAMING, LLC, (II) AUTHORIZING THE CITY TO WRITE OFF THE AMOUNT OF THE PROMISSORY NOTE FROM THE AGENCY CONTINGENT UPON THE SALE OF THE PROPERTY, AND (III) AUTHORIZING THE CITY MANAGER TO EXECUTE A SATISFACTION AND DISCHARGE OF THE NOTE. Michelle Romero, Redevelopment Manager, reported that two appraisals were performed for this property; however, the amounts were reduced because of the low rents being paid by the City for the second and third floors. The County lists the assessed value of the property to be $1.4 million, which is substantially higher than the appraised value. She said the proposal sale of the building to Agua Gaming is $510,000.00. Agua Gaming estimated that approximately $165,000.00 in renovations is needed for the first floor, as well as costs to repair the existing freezer and leaking roof. She noted that the total cost of the purchase price including estimated repairs is $752,000.00. Henderson City Council Regular Meeting Page 37 of 39 March 5, 2013 – Minutes Ms. Romero stated that Agua Gaming is proposing to open an urban lounge on the first floor and keep the City leases for the second and third floors in place for the next three years at their current lease rates. She said the buyers anticipate the urban lounge will add approximately 20 new jobs to area. Ms. Romero noted that the Meridian building across the street recently sold for $1.1 million because the building is 7,000 square feet larger, has more property size, has on-site parking, and is a mixture of residential, office, and retail space. Ms. Romero said the buyer is using private funding and the bank has performed the financial due diligence for this purchase. She said two of the buyers currently own and operate a successful business in the Water Street District. Two of the buyers are long-time Henderson residents, active in the community, and understand the needs of the area. Ms. Romero stated that Kathy Nyland, representing the Board of Equalization for Clark County, confirmed that selling the property for below appraised value would not negatively impact surrounding property assessed values. She noted the following conditions will be added if this item is approved: 1) The buyer must provide proof of $165,000.00 in renovations; 2) If costs are lost, the buyer must make up the difference to the Agency; 3) The buyer has three years to complete all renovations; 4) The buyer is not to resell the property for three years; and 5) The buyer is not eligible for any other RDA assistance programs for this property for at least five years. Councilwoman March said selling this building will provide an opportunity for this property to return to the tax rolls and bring a return to the community. She noted that the proposed use will be an investment in the downtown area and help create a vibrant environment along Walter Street. (Motion) Councilwoman Debra March moved to adopt Resolution No. 4077. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. Henderson City Council Regular Meeting Page 38 of 39 March 5, 2013 – Minutes NB-29 ACCOMPANYING RESOLUTION FOR CA-13 ZCA-08-660010-E2 SUNSET/GIBSON APPLICANT: COMMUNITY DEVELOPMENT AND JOEL LAUB & ASSOCIATES Resolution No. 4078 was introduced and read by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, FOR AN EXTENSION OF TIME TO REZONE CERTAIN PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 3, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D. & M., CLARK COUNTY, NEVADA, GENERALLY LOCATED AT THE NORTHWEST CORNER OF GIBSON ROAD AND CAPE HORN DRIVE ON 7.1 ACRES FROM IG-RD (GENERAL INDUSTRIAL WITH REDEVELOPMENT OVERLAY) TO CC-RD-PUD (COMMUNITY COMMERCIAL WITH REDEVELOPMENT AND PLANNED UNIT DEVELOPMENT OVERLAYS) AND REPEAL RESOLUTION NO. 3970. (Motion) Mayor Andy Hafen moved to adopt Resolution No. 4078. The roll call vote favoring passage was: Those voting aye: Sam Bateman, Andy Hafen, Debra March, John F. Marz, and Gerri Schroder. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor Hafen declared the motion carried. XII. MAYOR\COUNCILMEMBER COMMENTS Councilwoman March acknowledged everyone across Southern Nevada who shaved their heads last weekend to support St. Baldrick’s Foundation, which does research for children with cancer. Councilwoman Schroder mentioned that she and Councilwoman March will be attending the National League of Cities Conference this weekend in Washington D.C. XIII. SET MEETING The Committee Meeting for March 19, 2013, was set for 6:45 p.m. Henderson City Council Regular Meeting Page 39 of 39 March 5, 2013 – Minutes XIV. ADJOURNMENT There being no further business to come before the Council, Mayor Hafen, in concurrence with the Council, adjourned the Regular Meeting at 8:11 p.m. PASSED AND ADOPTED THIS 19th DAY OF MARCH, 2013. ______________________ Andy Hafen Mayor ATTEST: __________________________ Sabrina Mercadante, MMC City Clerk