Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers May 10, 2012 City Hall, 240 Water Street Henderson, Nevada 89015 I. CALL TO ORDER Chairman Bochanis called the meeting of the Henderson Planning Commission to order at 7:00 p.m. on May 10, 2012, in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada. II. CONFIRMATION OF POSTING AND ROLL CALL: The Planning Commission Coordinator confirmed the agenda was posted three working days prior to the meeting in accordance with the Open Meeting Law by posting in the four Official Bulletin Boards within the City Limits of the City of Henderson. In addition, copies of the agenda were mailed to each person having an item on the agenda and to all those on the Agenda Master Mailing List. PRESENT: Chairman George T. Bochanis Commissioner Joe Belingheri Commissioner Michael Campbell Commissioner Todd Howell EXCUSED: Commissioner Sean Fellows Commissioner Jerry Mansfield Commissioner Dan Stewart COUNCIL REP: None STAFF: Tracy Foutz, Deputy Community Development Director Eddie Dichter, Principal Planner Michael Tassi, Current Planning Manager James Martines, Assistant City Attorney I Sheri Jensen, Planning Commission Coordinator April Parra, Minutes Clerk III. PLEDGE OF ALLEGIANCE: Chairman Bochanis led those present in the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA: Commissioner Campbell introduced a motion to accept the agenda as amended: Item 17 will be heard immediately following approval of the Consent Agenda. Item 6 was continued to the June 14, 2012, Planning Commission meeting. Henderson Planning Commission Meeting Page 2 May 10, 2012- DRAFT - Minutes Item 7 was withdrawn, without prejudice, at the request of the applicant. The motion was approved unanimously. After voting, Chairman Bochanis explained that based on staff's recommendation and in accordance with Planning Commission policy, the Planning Commission will move to continue all the items for 30 days or the date set within staff's report. Anyone wishing to comment on any of these items being continued or are unable to attend other meetings to which the items will be continued, may submit their written comments to the Community Development Department. V. CONSENT AGENDA: Chairman Bochanis introduced the Consent Agenda offering anyone present an opportunity to remove any items for discussion. Note: Items 2 and 4 were pulled for discussion. 1. ADOPTION OF THE PLANNING COMMISSION FINAL MINUTES FOR APRIL 12, 2012 MEETING COMMUNITY DEVELOPMENT DEPARTMENT (Motion) Commissioner Campbell introduced a motion recommending final approval. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 2. STATUS REPORT FINAL CUP-07-540015-A2 CONDITIONAL USE PERMIT GOLDMINE TAVERN APPLICANT: COMMUNITY DEVELOPMENT Receive a status report on a conditional use permit for outdoor Live Entertainment at the Goldmine Tavern to address any complaints and receive staff’s evaluation of the use, located at 23 South Water Street, in the Downtown Redevelopment and Townsite Planning Areas. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. He also referenced a memorandum which gives an update on additional calls for service from the Police Department as well as written responses from Mr. Meier regarding the staff report. Henderson Planning Commission Meeting Page 3 May 10, 2012- DRAFT - Minutes (Motion) Commissioner Campbell introduced a motion recommending acceptance of the report, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution on the value of other property in the neighborhood in which it is located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service to existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum extent. 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. 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. 3. This conditional use permit for live entertainment, including live musical acts, karaoke, and DJs, both inside and outside, shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. The hours of operation for outdoor live entertainment are Sunday through Thursday, 10:00 a.m. to 10:00 p.m., Friday, 10:00 a.m. to 11:00 p.m., and Saturday, 10:00 a.m. to midnight. 5. Live entertainment must comply with Section 8.84.030 of the Henderson Municipal Code and Section 19.7.8 of the Henderson Development Code with regard to noise. Henderson Planning Commission Meeting Page 4 May 10, 2012- DRAFT - Minutes 6. Failure to comply with all conditions of approval and findings of fact associated with this conditional use permit (CUP) shall render the use non-compliant and is cause for revocation of the CUP per Sections 19.11.6.C and 19.11.6.D of the Development Code. 7. Staff to provide the Planning Commission a status report of the outdoor live entertainment during the May 10, 2012, Planning Commission meeting as an action item on the consent agenda. The status report shall include any complaints from residents, information from the Police Department, and staff evaluation of the use since this approval. (A2) 8. The area between the back of the patio and the alley shall be monitored on a regular basis to ensure patrons are not congregating within this area. (A2) 9. The back door to the patio shall remain closed at all times during live entertainment events/performances except when necessary to move equipment in and out for the events/performances. At no time shall the back door be open while live entertainment is being played or performed. (A2) 10. Applicant shall continue to implement mitigation items listed in letter dated January 23, 2012, from B&T Gaming, LLC. (A2) 11. Applicant will continue to work with City Staff on methods and will consider reasonable sound dampening installations. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 3. TMA-11-500343-A1 TENTATIVE MAP AMENDMENT FINAL WATER STREET PLAZA APPLICANT: VTN NEVADA Amend a previously approved tentative map for a 1-lot commercial subdivision located at 323 South Water Street to incorporate additional property, in the Downtown Redevelopment and Townsite Planning Areas. (Motion) Commissioner Campbell introduced a motion recommending final approval, 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. Applicant shall revert and/or merge acreage of existing parcels per Public Works' approval and provide proof of completed mapping prior to issuance of a certificate of occupancy. Henderson Planning Commission Meeting Page 5 May 10, 2012- DRAFT - Minutes 3. Applicant must apply for and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works' requirements and provide proof of vacation prior to issuance of a certificate of occupancy. DEPARTMENT OF UTILITY SERVICES CONDITIONS 4. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 5. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 6. 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. 7. Approval of this tentative map for a one lot commercial subdivision shall expire on January 27, 2016. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 4. CUP-06-540023-E6 CONDITIONAL USE PERMIT GOLDEN PT'S PUB RACETRACK 37 (PT'S FINAL GOLD) FINAL APPLICANT: SARTINI ENTERPRISES Extension of time for a Tavern located west of the intersection of South Racetrack Road and Sausalito Drive (1440 South Boulder Highway), in the River Mountain Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends denial. George Garcia, 1711 Whitney Mesa Drive, Suite 110, representing the applicant, gave a presentation on the proposed item and requested the Commission’s approval of the extension. Randall Walker, 136 Austin Rose Avenue, member of the Board of Directors of the Pine Crest Charter School, stated he supports the proposed item. Henderson Planning Commission Meeting Page 6 May 10, 2012- DRAFT - Minutes Chairman Bochanis commented that the application for an extension contains many unique types of issues and aspects that are not normally seen by the Commission. Commissioner Howell commented that he does not wish to put a hardship on the applicant or the community and is willing to support the extension. (Motion) Commissioner Campbell introduced a motion recommending final approval, subject to findings of fact and conditions, with an amendment to Condition 3 to reflect the five-year extension, as well as the deletion of Condition 5. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of this Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from the use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is located. E. Public safety, transportaion, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service to existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum extent. H. The proposed use, its site design and conditions applied thereto, are intended to result in a facility where littering, loitering and outdoor disturbance or excessive noise are not likely to occur. I. That the proposed use will not adversely affect the welfare of the neighborhood residents because on-site consumption occurs in designated and properly designed areas indoors or outdoors and that, for package sales locations, adequate measures are proposed that on-site consumption is not likely to occur. J. The proposed project, based upon its physical positioning on the site and its architectural and design features, is compatible with the surrounding neighborhood. Considerations to ensure compatiblity may include, but are not limited to, an evaluation of security, noise, light and glare, parking location and availability, and service area locations. 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. Henderson Planning Commission Meeting Page 7 May 10, 2012- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. 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. 3. This conditional use permit for a Tavern shall expire on June 15, 201317, unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. Applicant shall comply with all conditions of approval for ZCO-04-670055 and any related amendments. 5. No future extension of time will be supported unless the applicant demonstrates significant progress toward development of the site. (E6) The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. VI. UNFINISHED BUSINESS: 5. CUP-12-500034 CONTINUED PUBLIC HEARING FINAL STORAGE YARD APPLICANT: ROBERT MCMACKIN Warehousing and/or Storage Yard (outdoor storage yard) generally located on the south side of Cornucopia Avenue approximately 175 feet west of Middlegate Road, in the Midway Planning and Eastside Redevelopment Areas. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends denial. Shannon McMackin, representing the applicant, gave a brief presentation on the proposed item and requested the Commission’s approval of an extension of time in order for the applicant to evict a delinquent tenant. Chairman Bochanis opened the public hearing at 7:35 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Henderson Planning Commission Meeting Page 8 May 10, 2012- DRAFT - Minutes Responding to a question by Commissioner Campbell regarding the effect an extension of time would have on the Code violation process, Mr. Dichter stated staff has been working with Code Enforcement to postpone any action until the item was heard by the Planning Commission. If the item is not approved, Code Enforcement’s actions would proceed. A discussion ensued regarding a 30-day continuance to allow the applicant to work on evicting a tenant. (Motion) Commissioner Belingheri introduced a motion recommending continuance to the June 14, 2012, Planning Commission meeting to allow additional time for the applicant to work with tenants. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 6. ZCO-05-670089-A1 ZONE CHANGE AMENDMENT 06/05/12 PASEO VERDE OFFICE COMPLEX APPLICANT: RIALTO CAPITAL Amend a zone change with overlay for a commercial office development deleting Condition of Approval No. 30, prohibiting medical uses to locate on the property, on 3.8 acres located at 40 S. Stephanie Street, in the McCullough Hills Planning Area. This item was continued to the June 14, 2012, Planning Commission meeting at the request of the applicant. 7. ZCO-05-670047-A2 ZONE CHANGE WITH OVERLAY AMENDMENT 06/05/12 LA LUZ APPLICANT: KB HOME Amend a zone change with overlay to remove previously approved “Design Guidelines” for an 18-lot single-family residential subdivision on 4.8 acres generally located at the southeast corner of Horizon Ridge Parkway and Viento Puntero Drive, in the McCullough Hills Planning Area. This item was withdrawn at the request of the applicant. Henderson Planning Commission Meeting Page 9 May 10, 2012- DRAFT - Minutes 8. A) CUP-02-540013-A1 CONDITIONAL USE PERMIT AMENDMENT FINAL B) DRA-02-550111-A2 DESIGN REVIEW AMENDMENT FINAL ST. FRANCIS OF ASSISI APPLICANT: PUGSLEY.SIMPSON.COULTER.ARCHITECTS A) Amend a conditional use permit to add a chapel and administration building and allow a maximum building/tower height of 89 feet; and B) Amend a design review to revise the site plan, landscape plan, and architecture, and add a chapel and administration building located at 2300 Sunridge Heights Parkway, in the MacDonald Ranch Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Wade Simpson and Patrick Castillano, Pugsley Simpson Coulter Architects, 2480 East Thompkins Avenue, Las Vegas; and Father John Asalone, no address given, representing the applicant, gave a presentation on the proposed item and concurred with staff’s recommendation. Chairman Bochanis opened the public hearing at 7:56 p.m., asking if there was anyone present wishing to speak for or against this item. Michelle Harris, 256 Hillcrest Drive; Gail Brock, 2276 Edge Rock Court, representing various residents; Josh Anderson, 2248 Horizon Light Court; stated they are not opposed to the church; however, they have some issues with the design. Areas of concern included: unwillingness of the applicant to work with the neighbors, inadequate parking, incompatibility with the neighborhood, increased traffic, excessive height, and misleading models and photographs. There being no one else wishing to speak, the public hearing was closed at 8:11 p.m. A discussion ensued regarding the photographs that were taken from Mrs. Brock’s home. Mr. Simpson stated that 317 notices were sent out and only approximately 12 people attended the neighborhood meeting. Father Asalone stated that he is not opposed to meeting with the neighbors to hear their concerns; however, they have never been contacted to set up such a meeting. A discussion ensued regarding the differences between the applicant’s renderings and the resident’s renderings and the amount of parking available at the proposed church. Commissioner Belingheri suggested having an independent third party provide renderings to the Commission for consideration. Henderson Planning Commission Meeting Page 10 May 10, 2012- DRAFT - Minutes Tracy Foutz, Deputy Director of Community Development, stated he feels staff could provide an accurate rendering for the Planning Commission to consider; however, a continuance would be necessary. Commissioner Campbell commented that something else will be built between the church and the homes and the residents need to understand that. CUP-02-540013-A1 DRA-02-550111-A2 (Motion) Commissioner Belingheri introduced a motion recommending continuance to the June 14, 2012, Planning Commission meeting, to allow the applicant to work with staff on parking and renderings of views from residential homes. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. VII. NEW BUSINESS: 9. VAC-12-500099 VACATION WATER STREET PLAZA 06/05/12 APPLICANT: VTN NEVADA Petition to vacate a portion of the Henderson Townsite Alley 14 in the Southeast Quarter of Section 18, Township 22 South, Range 63 East, M.D.M. in the Downtown Redevelopment and Townsite Planning Areas. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Chairman Bochanis opened the public hearing at 8:41 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Campbell introduced a motion recommending approval, 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. Henderson Planning Commission Meeting Page 11 May 10, 2012- DRAFT - Minutes 2. Certification by the City Surveyor. 3. Reserve easements to Cox Communications, CenturyLink and NV Energy. The vote favoring approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 10. A) CUP-12-500012 CONDITIONAL USE PERMIT FINAL B) VAA-12-500105 VARIANCE FINAL PLANNING AREA 18 ACCESS ROAD / CRUSHER SITE APPLICANT: HEAVY DUTY AN LLC A) A Short-term Mining and Processing Facility (rock crusher) to prepare the site for future development; and B) Reduce the 1/2 –mile (2,640-foot) separation requirement from existing occupied residential homes to 1,881 feet, generally located approximately 3290 feet southeast of Crimson Sage Avenue and Viento Puntero Drive (south of the end of Viento Puntero Drive), in the MacDonald Ranch Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. He also referenced a memorandum which amends Condition 7 per staff recommendation. Steve Folmer, 2470 St. Rose Parkway, representing the applicant, concurred with staff’s recommendation. Chairman Bochanis opened the public hearing at 8:43 p.m., asking if there was anyone present wishing to speak for or against this item. Michelle Harris, 256 Hill Crest Drive, inquired as to what will be done regarding dust abatement. There being no one else wishing to speak, the public hearing was closed at 8:44 p.m. Responding to Ms. Harris’s concerns, Mr. Dichter stated that the County has requirements that the applicant will need to meet and will be heavily fined if they do not meet the standards. CUP-12-500012 (Motion) Commissioner Campbell introduced a motion recommending final approval, subject to findings of fact and conditions. Henderson Planning Commission Meeting Page 12 May 10, 2012- DRAFT - Minutes FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. 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 provide dust control mitigation on dedicated, unimproved right-of-way. DEPARTMENT OF UTILITY SERVICES CONDITION 3. Applicant shall meet all backflow prevention requirements in accordance with the Department of Utility Services' standards. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 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. 5. The short-term mining and processing facility shall operate for a maximum of 18 months from date of approval, unless the use is extended in accordance with Section 19.6.6.A. of the Development Code. 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. The rock crusher shall be shielded from view from existing homes and existing public roadways, and only one crusher shall be allowed. Henderson Planning Commission Meeting Page 13 May 10, 2012- DRAFT - Minutes 8. Dust control shall be maintained at all times at grading, crushing, and roads to stop windblown dust from entering residential areas. 9. Grading and crushing operations shall be performed between 6:00 a.m. to 4:00 p.m., Monday through Saturday, excluding all holidays. 10. Off-site materials shall not be imported and crushed on site. 11. Hauling of crushed materials shall be performed between 7:00 a.m. to 4:00 p.m., Monday through Saturday, excluding all holidays. 12. Stockpiles shall not exceed 50 feet in height and shall be shielded from view of residences. 13. Applicant shall establish a 24-hour phone line for adjacent property owners to call to voice complaints about dust or noise originating from the rock crusher. Once the phone line is established, the number shall be given to Code Enforcement staff of the City. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. VAA-12-500105 (Motion) Commissioner Campbell introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. Because of special circumstances or conditions applicable to the subject property, including narrowness, hollowness, shape, exceptional topography, or other extraordinary or exceptional situations or conditions, strict application of the requirements of this ordinance would result in peculiar and exceptional difficulties or undue hardships for the owner of the property. B. The variance may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources, and without detriment or injury to property or improvements in the vicinity of the development site or to the public health, safety, or general welfare. C. Granting the variance is consistent with the purposes of this ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. D. Granting the variance will not allow a use that is otherwise prohibited in the underlying zoning district. 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. Henderson Planning Commission Meeting Page 14 May 10, 2012- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. The variance is approved to reduce the separation from occupied residential to 1,881 feet for a short-term mining and processing facility. 3. Applicant shall comply with all conditions of approval for CUP-12-500012. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 11. CUP-12-500064 CONDITIONAL USE PERMIT FINAL LITTLE TOKYO MASSAGE APPLICANT: ZHUO XU / WILL TANG Massage Establishment and to extend the permitted hours of operation until 11:00 p.m. and a waiver to reduce the distance separation to residential, located at 10100 Eastern Avenue, Suite 110, in the Westgate Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends denial. He noted that an alternate recommendation is available if the Commission wishes to approve the item. Liz Strohpack, 8965 South Eastern Avenue, representing the applicant, formally withdrew the request to extend the hours and asked the Planning Commission to grant approval for the proposed item. Chairman Bochanis opened the public hearing at 8:49 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Howell introduced a motion recommending final approval of the alternate recommendation, subject to findings of fact, conditions, and a waiver. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. Henderson Planning Commission Meeting Page 15 May 10, 2012- DRAFT - Minutes D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. 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 CONDTIONS 2. 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. 3. This conditional use permit for a Massage Establishment with extended hours of operation until 11:00 p.m., shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. The establishment shall be permitted extended hours of operation until 11:00 p.m. Any violation of hours of operation shall be reason for revocation of this use permit. WAIVER a. Reduce the separation to residential areas to 483 feet. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. Henderson Planning Commission Meeting Page 16 May 10, 2012- DRAFT - Minutes 12. CUP-12-500070 CONDITIONAL USE PERMIT FINAL HENDERSON COMMERCE CENTER LV PHASE II APPLICANT: GRAPE EXPECTATIONS, INC. Personal Improvement Services (winemaking school) at 7360 Eastgate Road, Suites 125 and 130, in the Midway Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Charlie Peters, 1971 Whitney Mesa Drive, representing the applicant, concurred with staff’s recommendation. Chairman Bochanis opened the public hearing at 8:53 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak on this item, the public hearing was closed immediately. (Motion) Commissioner Belingheri introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. Henderson Planning Commission Meeting Page 17 May 10, 2012- DRAFT - Minutes 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 be required to comply with the Department of Utility Services sewer pretreatment requirements including the removal of solid waste products prior to discharging into the City's sewer system. 3. Applicant shall be responsible for additional utility fees in accordance with the proposed use category and the Department of Utility Services requirements. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 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. 5. This conditional use permit for a Personal Improvement Services (winemaking school) shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 13. CUP-12-500071 CONDITIONAL USE PERMIT FINAL VERIZON SITE LSV PASEO VERDE APPLICANT: VERIZON WIRELESS Alternative Tower Structure (multiple-carrier monopole) for a Wireless Communications Facility with a maximum height of 70 feet where 45 feet is allowed, located approximately 280 feet south of the City of Henderson Multigenerational Facility located at 250 South Green Valley Parkway, in the Green Valley Ranch Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Henderson Planning Commission Meeting Page 18 May 10, 2012- DRAFT - Minutes Tracy Cline, 8905 West Post Road, Las Vegas, representing the applicant, concurred with staff’s recommendation. Chairman Bochanis opened the public hearing at 8:55 p.m., asking if there was anyone present wishing to speak for or against this item. Nancy Sippy, 2024 Trailside Village Avenue, stated she is opposed to the proposed monopole due to unsightliness and it being unnecessary. There being no one else wishing to speak, the public hearing was closed at 8:57 p.m. Mr. Cline responded to Ms. Sippy’s comments stating that Verizon is not on any of the nearby towers and this facility is necessary for adequate coverage in the area. (Motion) Commissioner Howell introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. 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 CONDITION 2. Applicant shall verify cell tower does not interfere with the line-of-sight transmission of the City's HEN-NET System. Henderson Planning Commission Meeting Page 19 May 10, 2012- DRAFT - Minutes 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. This conditional use permit for a 70-foot tall Alternative Tower Structure (multiple-carrier monopole) shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 5. 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). 6. A minimum of two separate carriers shall be located on the tower. 7. The tower shall be painted to match the existing water tanks. PARKS AND RECREATION DEPARTMENT CONDITION 8. Applicant shall coordinate with Parks and Recreation Department at the time of development. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 14. CUP-12-500087 CONDITIONAL USE PERMIT FINAL SIERRA GOLD APPLICANT: SARTINI ENTERPRISES A Tavern and a waiver to reduce the tavern-to-tavern separation requirement, generally located at the southeast corner of Green Valley Parkway and Horizon Ridge Parkway, south of Wells Fargo Bank, in the MacDonald Ranch Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. George Garcia, 1711 Whitney Mesa Drive, Suite 110, representing the applicant, concurred with staff’s recommendation. Chairman Bochanis opened the public hearing at 9:02 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Henderson Planning Commission Meeting Page 20 May 10, 2012- DRAFT - Minutes (Motion) Commissioner Campbell introduced a motion recommending final approval, subject to findings of fact, conditions, and a waiver. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of this Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from the use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service to existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum extent. H. The proposed use, its site design and conditions applied thereto, are intended to result in a facility where littering, loitering, and outdoor disturbance or excessive noise are not likely to occur. I. That the proposed use will not adversely affect the welfare of the neighborhood residents because on-site consumption occurs in designated and properly designed areas indoors or outdoors and that, for package sales locations, adequate measures are proposed that on-site consumption is not likely to occur. J. The proposed project, based upon its physical positioning on the site and its architectural and design features, is compatible with the surrounding neighborhood. Considerations to ensure compatibility may include, but are not limited to, an evaluation of security, noise, light and glare, parking location and availability, and service area locations. 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. Henderson Planning Commission Meeting Page 21 May 10, 2012- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. 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. 3. This conditional use permit for a Tavern shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. WAIVER a. Reduce the tavern-to-tavern separation requirement to 1,045 feet from an existing tavern. The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 15. CUP-12-500090 CONDITIONAL USE PERMIT FINAL POSH FOR KIDZ APPLICANT: POSH FOR KIDZ, LLC Personal Improvement Services (children’s activity center) located at 1000 Stephanie Place, Suite 103, in the Whitney Ranch Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Monica Fonseca, 31 Staghorn Street, representing the applicant, gave a presentation, and concurred with staff’s recommendation. Chairman Bochanis opened the public hearing at 9:17 p.m., asking if there was anyone present wishing to speak for or against this item. Tammy Sacianu, 1000 Stephanie Street, Suite 1, owner of the Academy of Gymnastics, stated she is not opposed to the business; however, the parking analysis is incorrect and parking at the facility is inadequate. There being no one else wishing to speak, the public hearing was closed at 9:22 p.m. Responding to a question by Commissioner Belingheri regarding if the center is underparked, Mr. Dichter stated that per Code requirements, there is adequate parking. Henderson Planning Commission Meeting Page 22 May 10, 2012- DRAFT - Minutes Mr. Dichter noted that the gymnastics school is only assigned 43 parking spaces with the remaining spaces being designated for other businesses or potential businesses in the center. (Motion) Commissioner Campbell introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). B. The proposed use complies with all applicable provisions of the Development Code. C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. 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. 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. 3. This conditional use permit for a personal improvement service (children's activity center) shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. If any parking conflicts arise, the applicant shall remove or reduce class sessions and/or stagger times. Henderson Planning Commission Meeting Page 23 May 10, 2012- DRAFT - Minutes The vote favoring final approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 16. A) ZCO-04-670040-A2 ZONE CHANGE AMENDMENT 06-05-12 B) CUP-12-500089 CONDITIONAL USE PERMIT OLD SCHOOL BREWING COMPANY APPLICANT: OLD SCHOOL BREWING COMPANY A) Amend a previously approved zone change to review revised architecture; and, B) Allow a Brew Pub and a waiver to reduce the required separation from a tavern; at 19 South Stephanie Street, Suite 100, in the Green Valley Ranch Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. George Garcia, 1711 Whitney Mesa Drive, Suite 110, representing the applicant, concurred with staff’s recommendation. Chairman Bochanis opened the public hearing at 9:27 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. ZCO-04-670040-A2 (Motion) Commissioner Belingheri introduced a motion recommending approval, 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. Henderson Planning Commission Meeting Page 24 May 10, 2012- DRAFT - Minutes 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. 4. Applicant shall obtain all necessary NDOT 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 all necessary right-of-way. 6. Applicant shall dedicate right-of-way per Public Works' requirements within 90 days of approval. DEPARTMENT OF UTILITY SERVICES CONDITIONS 7. Applicant shall submit a utility plan and a utility analysis for Utilities' approval. 8. Applicant shall comply with the requirements of the master utility plan established for the project location. 9. Applicant shall construct a full-frontage water main extension along Paseo Verde Parkway. 10. Applicant shall participate in the Southwest Henderson Refunding Agreement for sewer & water. 11. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 12. Civil improvement plans shall comply with the requirements of the Uniform Design and Construction Standards for Water Distribution Systems and the Design and Construction Standards for Wastewater Collection Systems. 13. Applicant shall provide vehicular access to existing sewer main located on the south side of I-215. Henderson Planning Commission Meeting Page 25 May 10, 2012- DRAFT - 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. 14. 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. The grain silos shall not obstruct the existing fire apparatus access roadways. 15. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. The grain silos shall not obstruct the existing fire apparatus access roadways. 16. 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. 17. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 18. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 19. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 20. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 21. 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 22. 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. 23. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 24. 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 Planning Commission Meeting Page 26 May 10, 2012- DRAFT - Minutes 25. 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. 26. 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. 27. 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. 28. 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. 29. Architecture is approved for the gym, retail 1 and 2, and in-line 1-5. Architecture for pads A and B shall require approval of a design review and use permits, if required. 30. Applicant shall comply with all conditions of approval for ZCA-11-500122- A1 (Z-2-00) and related amendments thereto. (A1) 31. This approval does not endorse signage shown with this application. Signage shall be reviewed and approved separately. 32. Applicant shall amend the site plan approvals if code required parking is not approved on the property to the south within 12 months. 33. Raised walkways shall be provided from the parcel to the south to the subject parcel at a number deemed acceptable by the City. 34. 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. (A1) PARKS AND RECREATION DEPARTMENT CONDITION 35. Applicant shall provide a 30-foot trail corridor with a 12-foot asphalt trail and lighting with appropriate landscaping along I-215. Applicant shall maintain all landscaping adjacent to the trail corridor, and applicant shall obtain Parks Department written approval prior to civil plans approval. WAIVERS a. Allow a 10-foot landscape buffer along I-215 where 25 feet is required. Henderson Planning Commission Meeting Page 27 May 10, 2012- DRAFT - Minutes b. Reduce the number of required parking spaces from 523 to 438. The vote favoring approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. CUP-12-500089 (Motion) Commissioner Belingheri introduced a motion recommending approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. 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. The grain silos shall not obstruct the existing fire apparatus access roadways. Henderson Planning Commission Meeting Page 28 May 10, 2012- DRAFT - Minutes 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. This conditional use permit for a Brew Pub and a waiver for reduction in the separation from two taverns shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 5. 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). 6. Applicant shall comply with all conditions of approval for ZCO-04-670040 and any amendments thereto. The vote favoring approval was: Those voting aye: Bochanis, Belingheri, Campbell, and Howell. Those voting Nay: None. Those absent: Fellows, Mansfield, and Stewart. Those abstaining: None. Chairman Bochanis declared the motion carried. 17. Presentation by the Henderson Redevelopment Agency staff regarding goals and objectives. This item was heard immediately following the Consent Agenda. Michelle Romero, Redevelopment Manager, gave a presentation on the Redevelopment goals and objectives. Areas of discussion included: Downtown Investment Strategy Update Goals for Water Street District; Water Street District Tactics; Wells Park Improvements; and Eastside Goals. VIII. PUBLIC COMMENT: There were no comments presented by the public. IX. DIRECTOR'S/CHAIRMAN'S BUSINESS: There was no business to be discussed. Henderson Planning Commission Meeting Page 29 May 10, 2012- DRAFT - Minutes X. ADJOURNMENT: There being no further business to come before the Commission, Chairman Bochanis adjourned the meeting at 9:29 p.m. APPROVED:  George Bochanis, Chairman