Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers September 13, 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 September 13, 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 Eddie Dichter, Principal Planner James Martines, Assistant City Attorney I Amy Michaels, Planner Sheri Jensen, Planning Commission Coordinator Nanci Bowen, Department Records Clerk April Parra, Minutes Clerk III. PLEDGE OF ALLEGIANCE: Vice-Chairman Campbell and Zach Burg, Boy Scout Troop 932, led those present in the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA: Commissioner Belingheri introduced a motion to accept the agenda as amended: Items 2, 9, and 15 were continued to the October 11, 2012, Planning Commission meeting. The motion was approved unanimously. Henderson Planning Commission Meeting Page 2 September 13, 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 AUGUST 16, 2012 MEETING COMMUNITY DEVELOPMENT DEPARTMENT (Motion) Commissioner Stewart introduced a motion recommending final approval. 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. TMA-12-500213 TENTATIVE MAP FINAL BOULDER-GALLERIA COMMERCIAL SUBDIVISION APPLICANT: LAND ADVISORS ORGANIZATION A one-lot commercial subdivision on 30.1 acres located at the northwest corner of Boulder Highway and Galleria Drive, in the Eastside Redevelopment and Midway Planning Areas. This item was continued to the October 11, 2012, Planning Commission meeting. 3. TM-12-500225 TENTATIVE MAP FINAL HORIZON SKILLED NURSING APPLICANT: APTUS A one-lot commercial subdivision on 4.5 acres located at the southeast corner of Horizon Ridge Parkway and Richard Perez Jr Drive, in the Westgate Planning Area. (Motion) Commissioner Stewart introduced a motion recommending final approval, subject to conditions. Henderson Planning Commission Meeting Page 3 September 13, 2012- DRAFT - Minutes 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. Commercial driveways shall be dedicated and constructed per Clark County Area Standard Drawings No 225 & 226. 3. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. DEPARTMENT OF UTILITY SERVICES CONDITIONS 4. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 5. Applicant shall comply with the requirements of the master utility plan established for the project area. 6. Applicant shall participate in the St. Rose Sewer Refunding Agreement. 7. All onsite utilities shall remain privately owned and maintained. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 8. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 9. Approval of this tentative map shall be for a period of four years from the effective date of approval. 10. The proposed street names are not approved through this application. Applicant shall submit a list of proposed street names to Community Development for approval prior to approval of the final map. 11. Prior to issuance of a building permit for buildings, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owners’ Association (i.e., Property Owners’ Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). 12. Applicant must post a bond with the Public Works Department for the installation of all perimeter landscaping and common open space landscaping and amenities prior to approval of the Civil Improvement Plans. 13. 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). Henderson Planning Commission Meeting Page 4 September 13, 2012- DRAFT - Minutes 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. VI. UNFINISHED BUSINESS: 4. A) CPA-12-500185 COMPREHENSIVE PLAN AMENDMENT 10/02/12 B) ZCA-12-500186 ZONE CHANGE WITH OVERLAY 10/02/12 MULTIFAMILY AT HORIZON RIDGE & CIELO ABIERTO APPLICANT: HORIZON RANGE, LLC A) Amend the Land Use Policy Plan from Neighborhood Commercial to Medium- Density Residential; and B) Rezone from CM-PUD (Mixed Commercial With Planned Unit Development Overlay) to RM-16 (Medium-Density Residential); on 8.1 acres located on the northeast corner of Horizon Ridge Parkway and Cielo Abierto, in the McCullough Hills 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. Vice-Chairman Campbell opened the public hearing at 7:05 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-12-500185 (Motion) Commissioner Fellows introduced a motion recommending approval, subject to a finding of fact. FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. 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. Henderson Planning Commission Meeting Page 5 September 13, 2012- DRAFT - Minutes ZCA-12-500186 (Motion) Commissioner Fellows 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. 3. Applicant shall dedicate right-of-way per Public Works' requirements within 90 days of approval. DEPARTMENT OF UTILITY SERVICES CONDITIONS 4. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 5. Applicant shall comply with the requirements of the master utility plan established for the project area. Henderson Planning Commission Meeting Page 6 September 13, 2012- DRAFT - Minutes 6. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 7. All onsite utilities shall remain privately owned and maintained. 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 approved primary and secondary roads from the proposed project to existing paved roadways. 14. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 15. 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 CONDITION 16. 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 7 September 13, 2012- DRAFT - Minutes PARKS AND RECREATION DEPARTMENT CONDITION 17. In lieu of the normal condition requiring parkland donation at 5 acres per 1,000 population, the applicant shall donate an amount equal to the fair market value to the improvements in the park north of Paseo Verde. The Director of Parks and Recreation shall approve the final agreement. The final agreement of the funding will be provided to the Parks and Recreation Department prior to the civil improvement plan approval. 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. 5. A) CPA-12-500163 COMPREHENSIVE PLAN AMENDMENT 10/02/12 B) ZCO-12-500112-A1 ZONE CHANGE WITH OVERLAY AMENDMENT 10/02/12 SOUTHSHORE LOT 31A APPLICANT: RAINBOW NEV, LLC A) Amend the Land Use Policy Plan from Medium-Density Residential to Low- Density Residential; and B) Amend a zone change from RM-10-G-MP-H (Medium-Density Residential with Gaming, Master Plan and Hillside Overlays) to RS-1-G-MP-H (Low-Density Residential with Gaming, Master Plan and Hillside Overlays); on 4.1 acres located at the southeast corner of Strada Di Circolo and Messa Luna Court, in the Lake Las Vegas Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Corey Leiber, 5740 South Arville Street, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:06 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-12-500163 (Motion) Commissioner Mansfield introduced a motion recommending approval, subject to a finding of fact. Henderson Planning Commission Meeting Page 8 September 13, 2012- DRAFT - Minutes FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. 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. ZCO-12-500112-A1 (Motion) Commissioner Mansfield 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 drainage study for Public Works' approval. Henderson Planning Commission Meeting Page 9 September 13, 2012- DRAFT - Minutes 3. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 4. FHA Type B drainage shall be allowed only where lots drain directly to public drainage facilities, public parks, or golf courses. 5. Streets shall be privately owned and maintained. DEPARTMENT OF UTILITY SERVICES CONDITIONS 6. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 7. Applicant shall comply with the requirements of the master utility plan established for the project area. 8. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 9. 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. 10. Applicant shall abandon existing water and sewer service and provide separate water and sewer service for each lot. 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. 11. 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. 12. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 13. 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. 14. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 15. 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. 16. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. Henderson Planning Commission Meeting Page 10 September 13, 2012- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 17. 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. 18. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 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. Henderson Planning Commission Meeting Page 11 September 13, 2012- DRAFT - Minutes VII. NEW BUSINESS: 6. A) CPA-12-500233 COMPREHENSIVE PLAN AMENDMENT 10/02/12 B) ZCA-12-500234 ZONE CHANGE 10/02/12 C) CUP-12-500235 CONDITIONAL USE PERMIT 10/02/12 ROMANOFF INDUSTRIES APPLICANT: MILFORD GOLDHEIMER A) Amend the Land Use Policy Plan from TOD (Transit Oriented Development) to COM (Commercial); B) Rezone from MC-RD (Corridor Mixed Commercial with Redevelopment Overlay) to CH-RD (Highway Commercial with Redevelopment Overlay) on 0.2 acres; and C) Wholesaling, Distribution and Storage; at 1628 Athol Avenue, in the Eastside Redevelopment and Midway Planning Areas. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. David Shapiro, 871 Coronado Center Drive, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:08 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-12-500233 (Motion) Commissioner Stewart introduced a motion recommending approval, subject to a finding of fact. FINDING OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. 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. ZCA-12-500234 (Motion) Commissioner Stewart introduced a motion recommending approval, subject to findings of fact and conditions. Henderson Planning Commission Meeting Page 12 September 13, 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 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 CONDITION 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. 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. Henderson Planning Commission Meeting Page 13 September 13, 2012- DRAFT - Minutes CUP-12-500235 (Motion) Commissioner Stewart 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. 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 Wholesaling, Distribution and Storage (Small Scale) 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 applicant shall apply for a Landscape Permit, to be approved prior to Certificate of Occupancy. The landscape plan shall depict a minimum of six 24-inch box trees in the side-yard landscape buffers (three trees - each buffer) in front of the building. Landscape plant materials must meet Development Code requirements and adhere to the Regional Plant List Henderson Planning Commission Meeting Page 14 September 13, 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. 6. Applicant shall comply with all conditions of approval for AR-64-94. 7. The applicant shall remove the gates located across the alley behind the property, prior to issuance of a Certificate of Occupancy. 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. 7. A) ZCA-12-500203 ZONE CHANGE 10/02/12 B) CUP-12-500246 CONDITIONAL USE PERMIT 10/02/12 NEW SONG CHURCH APPLICANT: CHURCH NEW SONG LUTHERAN A) Rezone from RS-6-MP (Low-Density Residential with Master Plan Overlay) to PS-MP (Public/Semipublic with Master Plan Overlay) on 5.1 acres; and B) School (1st grade); located at the northwest corner of Reunion Drive and Cornet Street, in the Anthem Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. He also referenced a memorandum which includes a police report regarding vehicle accidents in the area. Commissioner Fellows disclosed that one of the applicants is a member of a trade organization that he represents. Ernest Freggiaro, 4588 Coachman Circle, and Pastor David Poling-Goldenne, 1291 Cornet Drive, representing the applicant, gave a presentation on the proposed item including 54 letters of support, and concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 7:15 p.m., asking if there was anyone present wishing to speak for or against this item. Henderson Planning Commission Meeting Page 15 September 13, 2012- DRAFT - Minutes Douglas Mikulicic,1294 Cornet Street; William Bokelmann, 2377 Flute Avenue; Jane Levy; 1229 Sonatina Drive; Cathy Gilmore, 1317 Cornet Street; Chris Lampkin, 1252 Sonatina Drive; Allan Kachuk, 1277 Corista Drive; Libby Lopez, 1279 Corista Drive; Michelle Shappie, 2004 Poetry Avenue; Kurt Shapiro, 1400 Minuet Street; Brian Weed, 2259 Lyrical Avenue; Christopher Stasiak, 228 Moresca Avenue; Cheryl and Brian Bradford, 2414 Pavine Avenue; Steve Harris, 1251 Christa Drive; and Bonnie Eastbrook, 2416 Pavine Avenue; voiced their opposition to the proposed item. Areas of concern included: increased traffic, safety, diminution of home values, and parking. Laurel Tinglemen, 1374 Adagietto Drive; January Falcon, 2134 Ponticello; Darci Poloni Wall, 1208 Sonatina Drive; Jodie McMahon, 2564 Corner Stone Circle; Sarah Ignacio, 2424 Terra Gotto; Favil West, 2831 Scotts Valley Drive; Marta Poling- Goldenne, 2294 Aria Drive; and Alexandra Peterson, 20 Hassayampa Trail; stated they are in support of the proposed item and feel it will be an enhancement to the community. There being no one else wishing to speak, the public hearing was closed 8:10 p.m. Mr. Freggiaro responded to the residents concerns and reminded the Commission that the use permit is not to increase the number of students but to move ten already-existing students from kindergarten to first grade. He noted that this change will in no way impact traffic. He also stated that should the school expand in the future, the maximum number of students would only be 140. Commissioner Mansfield commented that he has concerns regarding changing the facility from a daycare/preschool to a school environment. Gena Kendall, Public Works, gave a brief summary of the traffic study that was conducted. She noted that the proposed item will not impact traffic in the area. Responding to a question by Commissioner Howell regarding traffic mitigation or traffic signals in the area, Ms. Kendall stated the traffic does not meet the necessary federal warrants to have a signal installed. Chairman Campbell said he feels the church and school is a victim of the Del Webb Middle School, the park, and the traffic generated by the residents in the neighborhood. Commissioner Stewart commented that he believes the school is a very small fraction of the overall traffic problem. A discussion ensued regarding staggering the start times at the school in order to mitigate traffic. The applicant agreed to adjust their start times. Commissioner Belingheri pointed out that the students have to attend school somewhere, either New Song or Lamping Elementary. Either way, the traffic will still be the same. He also noted that usually the greatest impact to a community is not private schools, but public schools. Henderson Planning Commission Meeting Page 16 September 13, 2012- DRAFT - Minutes ZCA-12-500203 (Motion) Commissioner Howell 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. Driveways shall be constructed per Clark County Area Standard Drawing Nos. 226.1 and 226.2 and dedicate any necessary right-of-way. COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 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. Henderson Planning Commission Meeting Page 17 September 13, 2012- DRAFT - Minutes 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-12-500246 (Motion) Commissioner Howell introduced a motion recommending approval, subject to findings of fact and conditions, with the added conditions that the applicant will work with staff to adjust start times to mitigate traffic, as well as the maximum number of students shall not exceed 62. 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. 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 school (1st grade only) 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. Henderson Planning Commission Meeting Page 18 September 13, 2012- DRAFT - Minutes 4. The applicant shall provide a traffic and circulation plan, per Code Sec. 19.7.4.K.10 of the Development Code, within 30 days of final approval. 5. The applicant shall stripe or identify the required drop-off/pick-up spaces. 6. Applicant shall comply with all conditions of approval for CUP-01-002608 7. The first grade school shall be limited to a maximum of ten students. Any increase or grade level change requires an amendment of this Conditional Use Permit, to be considered by the Planning Commission. 8. The applicant shall submit to Community Development a revised site plan to show the required two drop-off/pick-up spaces, within 30 days of final approval. 9. School use permit is to be operated in conjunction with a religious institution. 10. Applicant shall work with staff to adjust start and end times to differ from Del Webb Middle School start and end times. 11. Maximum number of students shall not exceed 62 (preschool, kindergarten and 1st grade combined). 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. CUP-12-500212 CONDITIONAL USE PERMIT FINAL EVERYTHING UNDER THE SUN APPLICANT: EVERYTHING UNDER THE SUN Secondhand retail sales at 1419 North Boulder Highway, Suite C, in the Eastside Redevelopment and Midway Planning Areas. Amy Michaels, Planner, read a summary of the proposed item and stated staff recommends approval. Nathan Rascal, 1415 Santa Margarita Avenue, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 8:38 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 Belingheri introduced a motion recommending final approval, subject to findings of fact and conditions. Henderson Planning Commission Meeting Page 19 September 13, 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 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 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. Signs will be posted stating that no donations will be accepted at this location. 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 20 September 13, 2012- DRAFT - Minutes 9. A) CUP-12-500216 CONDITIONAL USE PERMIT FINAL B) DRA-12-500217 DESIGN REVIEW FINAL RAISING CANES AT PARK PLACE HENDERSON APPLICANT: EASTERN SILVERADO, LLC A) Eating and Drinking Establishment with Drive-Through Service and a waiver to reduce the 500-foot separation requirement from the drive-through speaker box to residential; and B) Review of a restaurant with drive-through service; generally located at the northeast corner of South Eastern Avenue and Hardin Drive, in the Westgate Planning Area. This item was continued to the October 11, 2012, Planning Commission meeting. 10. A) CUP-12-500219 CONDITIONAL USE PERMIT FINAL B) CUP-12-500247 CONDITIONAL USE PERMIT FINAL WORLD WIDE SERVICES APPLICANT: WORLD WIDE SERVICES A) Recycling Center (recycling of plastic to diesel fuel); and B) An 8,000-gallon Aboveground Fuel Storage tank; at 727 Sunset Road, in the Eastside Redevelopment and Midway Planning Areas. Amy Michaels, Planner, read a summary of the proposed item and stated staff recommends approval. R.J. Voytavich, 727 Sunset Road, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 8:40 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. CUP-12-500219 (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). Henderson Planning Commission Meeting Page 21 September 13, 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 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 obtain and provide all necessary permission/approvals from all easement holders. 3. Applicant shall dedicate 10 feet of Sunset Road right-of-way per Public Works' requirements. 4. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 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. 5. 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. 6. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 7. 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. 8. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 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 22 September 13, 2012- DRAFT - Minutes 10. Applicant shall obtain a Fire Department permit for combustible dust- producing operation prior to engaging in a hazardous activity or use. 11. Applicant shall submit an HMIS to Fire Safety prior to receiving Certificate of Occupancy / BL. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 12. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 13. 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. 14. 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). 15. Applicant shall install an 8-foot-tall decorative block wall around site prior to Certificate of Occupancy. 16. Applicant shall provide a lighting plan to Community Development prior to building plan approval showing lighting complies with Code. 17. As specified in the Code, hours of operation are permitted between 7:00 a.m. and 10:00 p.m. 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. CUP-12-500247 (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. Henderson Planning Commission Meeting Page 23 September 13, 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 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 obtain a Fire Department permit for fuel storage tank prior to engaging in a hazardous activity or use. 3. For sales trailers and temporary buildings, a fire hydrant shall be provided within 300 feet. 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 an 8,000-gallon aboveground fuel storage tank 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. 6. Applicant must comply with all requirements within CUP-12-500219. 7. The fuel tank shall be located behind an 8-foot-tall decorative block wall on the back portion of the lot furthest from Sunset Road. 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 24 September 13, 2012- DRAFT - Minutes 11. VAA-12-500220 VARIANCE FINAL REQUA RESIDENCE ROOM ADDITION APPLICANT: ADDITIONS N MORE Reduce the minimum 5-foot side-yard setback to 3 feet 8 inches at 2181 Magnolia Pond Court, in the Anthem Planning Area. Amy Michaels, Planner, read a summary of the proposed item and stated staff recommends approval. Chad Walker, 8919 Aztec Basin, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 8:42 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 Mansfield stated he does support the proposed item due to the applicant having a hardship in the irregular shape of the lot. (Motion) Commissioner Mansfield 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. Henderson Planning Commission Meeting Page 25 September 13, 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. 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 allow for a 3-foot 8-inch side setback along the south property line for an addition 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. 4. The applicant shall plant one 24-inch box tree in the front yard as required by the Sun City Anthem Architectural Review Committee. 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. CUP-12-500221 CONDITIONAL USE PERMIT FINAL BUYBACKS #68 APPLICANT: JIMICK PRODUCTS, INC. Secondhand retail sales at 601 Mall Ring Circle, in the Whitney Ranch Planning Area. Amy Michaels, Planner, read a summary of the proposed item and stated staff recommends approval. Tom Amick, 8345 West Sunset Road, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 8:43 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 Fellows introduced a motion recommending final approval, subject to findings of fact and conditions. Henderson Planning Commission Meeting Page 26 September 13, 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 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 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 applicant shall post signs stating that no donations will be accepted at this location. 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 27 September 13, 2012- DRAFT - Minutes 13. CUP-12-500226 CONDITIONAL USE PERMIT FINAL WINDER FARMS FARMERS' MARKET APPLICANT: WINDER FARMS Outdoor Events of more than six per year (weekly farmers’ market) in the parking lot of the Galleria at Sunset Mall, located at 1300 West Sunset Road, in the Whitney Ranch Planning Area. Amy Michaels, Planner, read a summary of the proposed item and stated staff recommends approval. Sean McCrady, 6420 Cameron Street, #204, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 8:44 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. 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. Henderson Planning Commission Meeting Page 28 September 13, 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. 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 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. 5. Applicant shall not block any existing fire lanes. 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. Applicant shall obtain any/all necessary permits and approvals for tents and structures from the Department of Building and Fire Safety. 9. The events (farmers’ markets) will be held every Friday. 10. This approval includes up to four (4) A-frame signs for use on market days only. The applicant shall provide a site plan showing sign locations. 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 September 13, 2012- DRAFT - Minutes 14. CUP-12-500236 CONDITIONAL USE PERMIT FINAL LAPTOPXCHANGE APPLICANT: LX STORE ENTERPRISES Secondhand retail sales at 1351 West Sunset Road, Suite 110, in the Whitney Ranch Planning Area. Amy Michaels, Planner, read a summary of the proposed item and stated staff recommends approval. Timothy Smith, 708 Tandori Lane, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Campbell opened the public hearing at 8:45 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 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. 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 30 September 13, 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 secondhand sales 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. Applicant shall comply with all conditions of approval for ZCA-05-660005. 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. A) ZCO-03-670044-A2 ZONE CHANGE 10/02/12 B) CUP-12-500238 CONDITIONAL USE PERMIT 10/02/12 C) DRA-12-500239 DESIGN REVIEW 10/02/12 HORIZON RIDGE AND ARROYO GRANDE FIRESTONE APPLICANT: BRIDGESTONE RETAIL OPERATIONS, LLC A) Amend a zone change to modify a condition of approval to allow for vehicle repair on a 1.1-acre portion of the overall site; B) Vehicle Repair; and C) Review of architecture for a vehicle repair facility; at 1491 West Horizon Ridge Parkway, in the MacDonald Ranch Planning Area. This item was continued to the October 11, 2012, Planning Commission meeting. 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 31 September 13, 2012- DRAFT - Minutes X. ADJOURNMENT: There being no further business to come before the Commission, Vice-Chairman Campbell adjourned the meeting at 8:50 p.m. APPROVED:  Mike Campbell, Vice Chairman