Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers June 14, 2012 City Hall, 240 Water Street Henderson, Nevada 89015 I. CALL TO ORDER Vice-Chairman Campbell called the meeting of the Henderson Planning Commission to order at 7:00 p.m. on June 14, 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: Vice-Chairman Michael Campbell Commissioner Joe Belingheri Commissioner Sean Fellows Commissioner Todd Howell Commissioner Jerry Mansfield Commissioner Dan Stewart EXCUSED: Chairman George T. Bochanis COUNCIL REP: None STAFF: Tracy Foutz, Deputy Community Development Director Scott Majewski, Principal Planner Michael Tassi, Current Planning Manager James Martines, Assistant City Attorney I Darlene Pekarek, Planning Commission Coordinator Nanci Bowen, Department Records Clerk April Parra, Minutes Clerk III. PLEDGE OF ALLEGIANCE: Vice-Chairman Campbell and members of Boy Scout Troop No. 564 led those present in the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA: Commissioner Fellows introduced a motion to accept the agenda as amended: Items 3 and 4 were continued to the July 12, 2012, Planning Commission meeting. The motion was approved unanimously. Henderson Planning Commission Meeting Page 2 June 14, 2012- DRAFT - Minutes After voting, Vice-Chairman Campbell 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: Vice-Chairman Campbell introduced the Consent Agenda offering anyone present an opportunity to remove any items for discussion. 1. ADOPTION OF THE PLANNING COMMISSION FINAL MINUTES FOR MAY 10, 2012, MEETING COMMUNITY DEVELOPMENT DEPARTMENT (Motion) Commissioner Belingheri introduced a motion recommending final approval, subject to conditions. The vote favoring final approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 2. MSP-12-500073 MASTER SIGN PLAN FINAL GREEN VALLEY UNITED METHODIST CHURCH Applicant: Green Valley United Methodist Church A master sign plan at 2200 Robindale Road, in the Green Valley North Planning Area. (Motion) Commissioner Belingheri introduced a motion recommending final approval, subject to conditions and modifications. 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. Signs shall not be located within public right-of-way or the sight visibility restriction zone. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS Henderson Planning Commission Meeting Page 3 June 14, 2012- DRAFT - Minutes 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. Development of this project shall conform with plans and exhibits presented to the Planning Commission for approval, which shall include all exhibits presented to staff for compliance with required conditions of approval. 5. Any changes made to an approved master sign plan shall require approval of an amended master sign plan. 6. No other freestanding will be allowed. MODIFICATIONS a. Increase the maximum sign height to 8 feet 8 inches and maximum sign area to 102 square feet. b. Allow an electronic message center within 250 feet of two residential subdivisions. The vote favoring final approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 3. ZCO-04-670084-E4 ZONE CHANGE EXTENSION OF TIME THE SUMMIT ON BOULDER Applicant: Pacific Beach Investment Trust, Trust A &B Extension of time for a rezoning request from MC-G-RD (Corridor/Community Mixed-Use with Gaming Enterprise and Redevelopment Overlays) and MC-RD (Corridor/Community Mixed-Use with Redevelopment Overlay) to RH-24-PUDRD (High-Density Residential with Planned Unit Development and Redevelopment Overlays) on 7.6 acres generally located on the northeast corner of Boulder Highway and Pioneer Street, in the Valley View Planning and Redevelopment Area. This item was continued to the July 12, 2012, Planning Commission meeting. VI. UNFINISHED BUSINESS: Henderson Planning Commission Meeting Page 4 June 14, 2012- DRAFT - Minutes 4. CONTINUED PUBLIC HEARING ZCO-05-670089-A1 ZONE CHANGE AMENDMENT 07/03/12 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 July 12, 2012, Planning Commission meeting. 5. CONTINUED PUBLIC HEARING FINAL CUP-12-500034 CONDITIONAL USE PERMIT 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. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends denial. Shannon McMackin, 1940 North Boulder Highway, representing the applicant, gave a brief presentation and requested the Commission’s approval. Vice-Chairman Campbell opened the public hearing at 7:04 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. Commissioner Howell stated he visited the site and it appears the situation is getting worse. (Motion) Commissioner Howell introduced a motion recommending final denial. The vote favoring final denial was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion for denial carried. Henderson Planning Commission Meeting Page 5 June 14, 2012- DRAFT - Minutes 6. CONTINUED PUBLIC HEARING FINAL A) CUP-02-540013-A1 CONDITIONAL USE PERMIT AMENDMENT FINAL B) DRA-02-550011-A2 DESIGN REVIEW AMENDMENT 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. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Mr. Majewski also noted a memorandum which deletes a waiver in the staff report as well as adds three waivers as recommended by staff. Wade Simpson, 2480 East Thompkins Avenue, Las Vegas, representing the applicant, gave a presentation on the proposed item, and concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:14 p.m., asking if there was anyone present wishing to speak for or against this item. Josh Anderson, 2248 Horizon Light Court, stated he is opposed to the project due to incompatibility with the surrounding neighborhood, height, and inadequate parking. Gigi Carleton, 2252 Horizon Light Court, stated she is also opposed to the project due to the magnitude and proposed architecture. There being no one else wishing to speak, the public hearing was closed at 7:20 p.m. Staff gave a presentation and displayed a three-dimensional model. Commissioner Fellows disclosed that he is a parishioner of St. Francis of Assisi. CUP-02-540013-A1 (Motion) Commissioner Fellows 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, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). Henderson Planning Commission Meeting Page 6 June 14, 2012- DRAFT - Minutes 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. 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. 2. 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. 3. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 4. 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. 5. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 6. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 7. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 8. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 9. 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 Planning Commission Meeting Page 7 June 14, 2012- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 10. 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. 11. Applicant shall comply with all conditions of approval for ZCA-02-660002. 12. This conditional use permit amendment for religious assembly, private school, and establishment of development standards in a PS District shall expire 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. 13. The parish hall and main church building may not be fully occupied simultaneously, particularly with worship services (Mass), without prior Community Development review and approval of a parking contingency plan. 14. Lighting of the ball field shall be prohibited. The vote favoring final approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. DRA-02-550011-A2 (Motion) Commissioner Fellows 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 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. Henderson Planning Commission Meeting Page 8 June 14, 2012- DRAFT - Minutes E. The same development could not be accomplished through the use of other techniques such as 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 easement holder approvals. 5. Applicant shall submit an updated 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 construct full offsites per Public Works' requirements and dedicate all necessary right-of-way. 7. 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. 8. 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. 9. Applicant shall show the limits of the flood zone and submit a letter of map revision to FEMA prior to the Shear and Tie inspection. DEPARTMENT OF UTILITY SERVICES CONDITIONS 10. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 11. Applicant shall comply with the requirements of the master utility plan established for the project area. 12. Applicant shall construct a full-frontage sewer main extension along Carnegie Street. 13. Applicant shall participate in the Southwest Henderson Refunding Agreement for sewer & water. 14. Applicant shall grant a municipal utility easement per Utility and Public Works' requirements. 15. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 16. 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 Collections Systems. 17. Applicant shall extend a public water main across the proposed site in accordance with the Department of Utility Services' requirements. Henderson Planning Commission Meeting Page 9 June 14, 2012- DRAFT - Minutes Applicant shall coordinate the layout of such extension with the Department of Utility Services prior to submitting civil improvement plans to the City. 18. Applicant may be required to participate in a future refunding agreement established to address cost reimbursement for existing infrastructure or future improvements to the existing water and sewer system servicing the overall area. 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. 19. 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. 20. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 21. 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. 22. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 23. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 24. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 25. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 26. 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. 27. Applicant shall obtain an approved Fire & Life Safety Report prepared by a Fire Protection Engineer prior to submitting for building permits. This report shall address all required fire protection issues including voice evacuation, interconnected sprinkler systems with common FDC, and emergency responder radio coverage throughout the site. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 28. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, Henderson Planning Commission Meeting Page 10 June 14, 2012- DRAFT - Minutes fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 29. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 30. 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. 31. 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. 32. All walls visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. The use of colored, common gray or painted CMU block shall not be permitted. 33. 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. 34. 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. 35. Applicant shall comply with all conditions of approval for ZCA-02-660002 and CUP-02-540013, and any amendments thereto. WAIVERS a. Reduce the required parking from 881 spaces to 650 spaces. a. Waive the requirement for parking lot landscape terminal islands, divider medians, diamonds, and fingers. b. Allow decomposed granite and soil stabilizer in the overflow parking areas in lieu of the required pavement for the parking area west of the ball field. c. Allow 233 spaces (the overflow parking spaces) to be 8 feet 6 inches wide when 9 feet is required. The vote favoring approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. VII. NEW BUSINESS: Henderson Planning Commission Meeting Page 11 June 14, 2012- DRAFT - Minutes 7. PUBLIC HEARING VAC-12-500132 VACATION 07/03/11 GALLERIA 95 APPLICANT: City of Henderson Petition to vacate a roadway easement in the Southwest Quarter of Section 35, Township 21 South, Range 62 East, M.D.M., generally located northeast of Galleria Drive and Gibson Road, in the Eastside Redevelopment and Midway Planning Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Vice-Chairman Campbell opened the public hearing at 7:26 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 Stewart 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. 2. Certification by the City Surveyor. The vote favoring approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 8. PUBLIC HEARING 07/03/12 A) CPA-12-500075 COMPREHENSIVE PLAN AMENDMENT 07/03/12 B) ZCA-12-500076 ZONE CHANGE WITH OVERLAY 07/03/12 C) DRA-12-500111 DESIGN REVIEW TOWN CENTER SENIOR HOUSING APPLICANT: First Federal Realty A) Amend the Land Use Policy Plan from COM (Commercial) to HDR (High- Density Residential); B) Rezone from CC-AE (Community Commercial with Airport Environs Overlay) to RH-36-AE (High-Density Residential with Airport Environs Overlay) with Henderson Planning Commission Meeting Page 12 June 14, 2012- DRAFT - Minutes request for increase in unit density beyond 36 units and a waiver on 4.9 acres; and C) Review of a 252-unit Senior Housing Development with waivers; located north of Olympic Avenue 650 feet east of Green Valley Parkway, in the Green Valley North Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Jennifer Lasovich, 8345 West Sunset Road, representing the applicant, gave a brief presentation, and concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:31 p.m., asking if there was anyone present wishing to speak for or against this item. Jeff Jacquart, Clark County Department of Aviation, stated the Clark County Department of Aviation is opposed to the proposed project due to it being incompatible with the airport operations. There being no one else wishing to speak, the public hearing was closed at 7:37 p.m. Commissioner Belingheri commented that the project is great for Henderson; however, he is not sure it will be great for the people who will live there. It was noted that these are rental units and not a for-sale product. Responding to a question by Mr. Stewart regarding complaints received from other residents in the area, Mr. Jacquart stated they do not get a lot of complaints from area residents. CPA-12-500075 (Motion) Commissioner Fellows introduced a motion recommending approval, subject to a finding of fact. FINDINGS OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character, or condition of the area so as to make the proposed amendment necessary. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: Belingheri. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. ZCA-12-500076 (Motion) Commissioner Fellows introduced a motion recommending approval, subject to findings of fact, conditions, and waivers. Henderson Planning Commission Meeting Page 13 June 14, 2012- DRAFT - Minutes 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 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. DEPARTMENT OF UTILITY SERVICES CONDITIONS 3. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 4. Applicant shall comply with the requirements of the master utility plan established for the project area. 5. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 6. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements. Henderson Planning Commission Meeting Page 14 June 14, 2012- DRAFT - Minutes 7. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service 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. 8. 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. 9. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 10. 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. 11. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 12. Applicant shall provide secondary access 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. At least one elevator shall be provided for fire department emergency access to all floors and shall be of such size and arrangement to accommodate an ambulance stretcher, (24 inches by 84 inches). COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 15. Clark County Department of Aviation (CCDOA) Conditions:  Applicant must record stand-alone noise disclosure form against land, and provide a copy of the recorded document to the Clark County Department of Aviation (CCDOA).  Applicant must provide a copy of the recorded noise disclosure form to future buyers/renters, separate from other escrow documents, and provide a copy of each signed document to the CCDOA.  Applicant must provide a map to future buyers/renters, as part of the noise disclosure notice that highlights the project location and associated flight tracks provided by the CCDOA when property sales/leases commence. Henderson Planning Commission Meeting Page 15 June 14, 2012- DRAFT - Minutes  Incorporate an exterior to interior noise level reduction of 35 decibels into the building construction for habitable space that exceeds 35 feet in height or 25 decibels into the building construction for habitable space that is less than 35 feet in height.  Applicant is advised that the Federal Aviation Administration will no longer approve remedial noise mitigation measures for incompatible development impacted by aircraft operations, which was constructed after October 1, 1998, and funds will not be available in the future should the residents wish to have their buildings purchased or soundproofed. 16. The applicant shall record a deed restriction on property prior to issuance of permits to limit the use to affordable housing for seniors. WAIVERS a. Allow a density bonus of 101 units to a maximum of 252 units total. b. Allow a 4.9-acre RH-36 zoning district. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: Belingheri. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. DRA-12-500111 (Motion) Commissioner Fellows introduced a motion recommending approval, subject to conditions and waivers. 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 approvals. 5. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 6. Applicant shall dedicate right-of-way per Public Works' requirements within 90 days of approval. 7. Streets shall be privately owned and maintained. 8. Applicant shall provide paved off-street parking. 9. Applicant shall show the limits of the flood zone and submit a letter of map revision to FEMA prior to the Shear and Tie inspection. FIRE DEPARTMENT CONDITIONS Henderson Planning Commission Meeting Page 16 June 14, 2012- DRAFT - Minutes 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. 10. 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. 11. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 12. 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. 13. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 14. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 15. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 16. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 17. Applicant shall provide directories at approved locations. The design shall be submitted for review and be approved prior to installation. 18. Applicant shall provide a minimum turning radius of 45 feet outside and 21 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. 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. 20. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. 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 Henderson Planning Commission Meeting Page 17 June 14, 2012- DRAFT - Minutes 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. 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. 29. 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. 30. The applicant shall provide recorded cross access agreements between adjacent parcels prior to issuance of building permits. 31. 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). 32. Prior to issuance of a building permit for buildings, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Property Owner's Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). 33. The applicant shall be required to cover at least half of the roof decks. WAIVERS a. Allow 252 parking spaces. Henderson Planning Commission Meeting Page 18 June 14, 2012- DRAFT - Minutes b. Allow 50 of the required parking spaces to be compact spaces (8 ½ feet by 19 feet). c. Allow 6 foot landscape buffer along the north property line. d. Allow a building height of 62 feet. e. Allow 42% of the total off-street surface parking to be located between the structure and the street. f. Allow 55,604 square feet of common open space. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: Belingheri. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 9. PUBLIC HEARING A) CPA-12-500080 COMPREHENSIVE PLAN AMENDMENT 07/03/12 B) ZCA-12-500084 ZONE CHANGE 07/03/12 CORONADO MULTI-FAMILY APPLICANT: Nevada West Partners II, LLC A) Amend the Land Use Policy Plan from COM (Commercial) to HDR (High- Density Residential); B) Rezone from CO-PUD (Commercial Office with Planned Unit Development Overlay) to RH-24 (High-Density Residential) on 15.5 acres; located at the west corner of Eastern Avenue and Coronado Center Drive, in the Westgate Planning Area. Vice-Chairman Campbell abstained from voting on this item due to a business relationship with the applicant. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. John Marchianio, 218 Lead Street, representing the applicant, concurred with staff’s recommendation. Acting-Chairman Fellows opened the public hearing at 7:47 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. CPA-12-500080 (Motion) Commissioner Stewart introduced a motion recommending approval, subject to a finding of fact. FINDING OF FACT Henderson Planning Commission Meeting Page 19 June 14, 2012- DRAFT - Minutes A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of the area, making the proposed amendment necessary. The vote favoring approval was: Those voting aye: Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: Campbell. Acting-Chairman Fellows declared the motion carried. ZCA-12-500084 (Motion) Commissioner Stewart introduced a motion recommending approval, subject to findings of fact and conditions. 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 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 Planning Commission Meeting Page 20 June 14, 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. Review and approval of a Design Review application is required prior to submittal of a building permit for development of the site. The vote favoring approval was: Those voting aye: Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: Campbell. Acting-Chairman Fellows declared the motion carried. 10. PUBLIC HEARING A) ZCA-10-660007-A4 ZONE CHANGE AMENDMENT 07/03/12 B) CUP-12-500121 CONDITIONAL USE PERMIT 07/03/12 C) CUP-12-500122 CONDITIONAL USE PERMIT 07/03/12 BLACK MOUNTAIN COMMUNITY CHURCH AND ACADEMY APPLICANT: Black Mountain Community Church A) Amend a zone change with overlay to revise the master plan for Black Mountain Business Park to allow a school as a permitted use in the IG-MP zoning district; B) Religious Assembly (church); and C) School (private); on 3.5 acres located at 980 American Pacific Avenue, Suites 104 and 105, in the Gibson Springs Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Sergio Elizondo, 107 South Gibson Road, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:51 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. ZCA-10-660007-A4 (Motion) Commissioner Belingheri introduced a motion recommending approval, subject to findings of fact, conditions, and a waiver. Henderson Planning Commission Meeting Page 21 June 14, 2012- DRAFT - Minutes 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 construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 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. (A4) 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. (A4) Henderson Planning Commission Meeting Page 22 June 14, 2012- DRAFT - Minutes 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. (A4) 6. Applicant shall comply with all conditions and waivers of approval for Z-30-94 and any amendments thereafter. (A4) WAIVER a. Allow a private school as a conditional use in an IG district (APN 178-11- 411-026) (A4) The vote favoring approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. CUP-12-500121 (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 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 Henderson Planning Commission Meeting Page 23 June 14, 2012- DRAFT - Minutes receive further development approvals, grading permits or building permits. 2. Applicant shall provide cross-access agreements. DEPARTMENT OF UTILITY SERVICES CONDITION 3. Applicant shall be responsible for additional utility fees in accordance with the proposed use category and the Department of Utility Services requirements. 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. 4. Applicant shall obtain a Change of Occupancy permit from the Building Department for assembly and educational uses. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 5. 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. 6. This conditional use permit 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. 7. 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). 8. Applicant shall comply with conditions of approval for ZCA-10-660007 and any amendments thereto. The vote favoring approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. CUP-12-500122 (Motion) Commissioner Belingheri introduced a motion recommending approval, subject to findings of fact and conditions. FINDINGS OF FACT Henderson Planning Commission Meeting Page 24 June 14, 2012- DRAFT - Minutes 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 be responsible for additional utility fees in accordance with the proposed use category and the Department of Utility Services requirements. 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 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 conditions of approval for ZCA-10-660007 and any amendments thereto. The vote favoring approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those Henderson Planning Commission Meeting Page 25 June 14, 2012- DRAFT - Minutes absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 11. PUBLIC HEARING FINAL CUP-07-540012-A1 CONDITIONAL USE AMENDMENT TLC CARE CENTER APPLICANT: TLC Holdings, LLC Amend a conditional use permit to allow Storage of Hazardous Materials (3,000-gallon oxygen storage tank) at 1500 W. Warm Springs Road, in the Whitney Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Adam Wood, 1510 West Warm Springs Road, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:53 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, 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 CONDITIONS Henderson Planning Commission Meeting Page 26 June 14, 2012- DRAFT - Minutes 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 dedicate any necessary right-of-way for future traffic needs per Public Works' requirements. DEPARTMENT OF UTILITY SERVICES CONDITION 3. 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. 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. 4. 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. 5. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 6. 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. 7. 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. 8. Applicant shall obtain a Fire Department permit for bulk oxygen prior to engaging in a hazardous activity or use. 9. Areas occupied by non-ambulatory patients shall be 50 feet (15 m) from the medical gas storage protective enclosure. 10. Applicant shall comply with NFPA 55 Table 9.3.2 for minimum separation distance requirements or provide the necessary fire barriers. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 11. 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 27 June 14, 2012- DRAFT - Minutes 12. 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. 13. This conditional use permit 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: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 12. PUBLIC HEARING FINAL CUP-12-500123 CONDITIONAL USE PERMIT D & B HOLDINGS APPLICANT: D & B Holdings Vehicle/Equipment Repair at 120 E. Merlayne Drive, in the Eastside Redevelopment and Pittman Planning Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Matthew Turlip, 120 East Merlayne Drive, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:54 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 Mansfield 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. Henderson Planning Commission Meeting Page 28 June 14, 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. DEPARTMENT OF UTILITY SERVICES CONDITION 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. 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. 3. Applicant shall obtain a Change of Occupancy permit from the Building Department for automobile storage use. 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 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: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 29 June 14, 2012- DRAFT - Minutes 13. PUBLIC HEARING FINAL CUP-12-500125 CONDITIONAL USE PERMIT POGO PRESCHOOL AND SCHOOL AGE ON THE GO APPLICANT: POGO Preschool on the Go Day Care Facility – General at 55 S. Gibson Road, Suites 116 - 118, in the McCullough Hills Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Mr. Majewski also referenced a memorandum which corrects the square footage of the facility to 4,200 square feet. Terri Perry, 209 Red Cloud Terrace, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:55 p.m., asking if there was anyone present wishing to speak for or against this item. Berle Berson, 1056 Flatfoot Avenue, stated he is in favor of the proposed daycare center. There being no one else wishing to speak, the public hearing was closed at 7:56 p.m. Commissioner Mansfield asked the applicant to take in to consideration that the playground abuts residential. Ms. Perry responded that landscaping will be installed to serve as a buffer between the playground and the residents. (Motion) Commissioner Fellows 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. Henderson Planning Commission Meeting Page 30 June 14, 2012- DRAFT - Minutes 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 Cross-Access Agreements. 3. Applicant may need to revise Civil Improvement Plans. DEPARTMENT OF UTILITY SERVICES CONDITION 4. Applicant shall be responsible for additional utility fees in accordance with the proposed use category and the Department of Utility Services requirements. 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. 5. Applicant shall obtain a Change of Occupancy permit from the Building Department for educational use. 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. This conditional use permit 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. 8. 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). 9. Hours of operation are Monday through Saturday, 6:30 a.m. to 10:30 p.m. Henderson Planning Commission Meeting Page 31 June 14, 2012- DRAFT - Minutes 10. Once a month the hours of operation will be until 10:30 p.m. for "Parents Night Out". The vote favoring final approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 14. PUBLIC HEARING FINAL VAA-12-500119 VARIANCE SOUTH EDGE INSPIRADA POD 1-3 APPLICANT: Toll Brothers Reduce the required minimum front-yard setback from 10 feet to 7.6 feet at 2072 Danzinger Place, in the West Henderson Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Chris Thompson, 3281 South Highland Drive, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:58 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 Stewart 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. Henderson Planning Commission Meeting Page 32 June 14, 2012- DRAFT - Minutes 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. 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 variance to reduce the required minimum front-yard setback from 10 feet to 7.6 feet shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Sec. 19.6.9.C. The vote favoring final approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 15. PUBLIC HEARING FINAL CUP-12-500131 CONDITIONAL USE PERMIT PIZZA BUDDHA - HORIZON / CARNEGIE CENTER APPLICANT: South Hills Church Community Waiver of the buffer separation requirement to a protected use (religious institution) for a Restaurant (with Service Bar beer and wine) at 2520 W. Horizon Ridge Parkway, Suite 150, in the Green Valley Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Brandon Gallup, 9220 Manhattan Road, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 8:00 p.m., asking if there was anyone present wishing to speak for or against this item. Henderson Planning Commission Meeting Page 33 June 14, 2012- DRAFT - Minutes There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Mansfield 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 it’s 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. 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 Henderson Planning Commission Meeting Page 34 June 14, 2012- DRAFT - Minutes 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 to waive the buffer separation requirement to a protected use (religious institution) for a Restaurant (with Service Bar beer and wine) 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 buffer zone to a religious assembly to zero feet. The vote favoring final approval was: Those voting aye: Campbell, Belingheri, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: None. Vice-Chairman Campbell declared the motion carried. 16. PUBLIC HEARING FINAL AP-04-12 for APPEAL FOR TEMPORARY USE PERMIT TUP-12-500141 ROADHOUSE APPEAL APPLICANT: Robert W. McMackin & Marengo Inc. Appeal of the City of Henderson Community Development Department’s denial of a temporary use permit for authorization to conduct a one-day gaming opening located at 2100 North Boulder Highway, in the Eastside Redevelopment and Pittman Planning Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends denial. Shannon McMackin, 1940 North Boulder Highway, representing the applicant, gave a presentation, and requested the Commission’s approval of the appeal. Vice-Chairman Campbell opened the public hearing at 8:05 p.m., asking if there was anyone present wishing to speak for or against this item. Jared Rickerd, 3883 Howard Hughes Parkway, Las Vegas, representing Stations Casinos, gave some additional history on the item and stated he is opposed to the proposed item. There being no one else wishing to speak, the public hearing was closed 8:07 p.m. Henderson Planning Commission Meeting Page 35 June 14, 2012- DRAFT - Minutes Commissioner Belingheri abstained from voting on this item due to his son being an executive with Stations Casinos. (Motion) Commissioner Fellows introduced a motion recommending final denial. The vote favoring final denial was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis. Those abstaining: Belingheri. Vice-Chairman Campbell declared the motion for denial carried. VIII. PUBLIC COMMENT: There were no comments presented by the public. IX. DIRECTOR'S/CHAIRMAN'S BUSINESS: There was no business to be discussed. X. ADJOURNMENT: There being no further business to come before the Commission, Vice-Chairman Campbell adjourned the meeting at 8:10 p.m. APPROVED:  Michael Campbell, Vice Chairman