Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers February 14, 2013 City Hall, 240 Water Street Henderson, Nevada 89015 I. CALL TO ORDER Chairman Campbell called the meeting of the Henderson Planning Commission to order at 7:00 p.m. on February 14, 2013, in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada. II. CONFIRMATION OF POSTING AND ROLL CALL: The Planning Commission Coordinator confirmed the agenda was posted three working days prior to the meeting in accordance with the Open Meeting Law by posting in the four Official Bulletin Boards within the City Limits of the City of Henderson. In addition, copies of the agenda were mailed to each person having an item on the agenda and to all those on the Agenda Master Mailing List. PRESENT: Chairman Michael Campbell Commissioner Sean Fellows Commissioner Todd Howell Commissioner Jerry Mansfield Commissioner Dan Stewart EXCUSED: Commissioner George T. Bochanis Commissioner Joe Belingheri COUNCIL REP: None STAFF: Tracy Foutz, Asst. Director of Comm. Development and Services Scott Majewski, Principal Planner Michael Tassi, Planning Manager Mark Backus, Assistant City Attorney I Darlene Pekarek, Planning Commission Coordinator Nanci Bowen, Department Records Clerk April Parra, Minutes Clerk Stacie Welsh, Project Coordinator Henderson Planning Commission Meeting Page 2 February 14, 2013- DRAFT - Minutes III. PLEDGE OF ALLEGIANCE: Chairman Campbell led those present in the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA: Commissioner Stewart introduced a motion to accept the agenda as amended: Item 4 was continued indefinitely at the request of staff. After voting, 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: 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 JANUARY 17, 2013, MEETING COMMUNITY DEVELOPMENT DEPARTMENT (Motion) Commissioner Fellows introduced a motion recommending final adoption of the January 17, 2013, Planning Commission minutes. The vote favoring final approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. 2. ADOPTION OF THE JOINT CITY COUNCIL AND FINAL PLANNING COMMISSION WORKSHOP MINUTES FOR DECEMBER 3, 2012 (Motion) Commissioner Fellows introduced a motion recommending final adoption of the December 3, 2012, Planning Commission workshop minutes. The vote favoring final approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 3 February 14, 2013- DRAFT - Minutes 3. CONTINUED EXTENSION OF TIME 03/05/13 ZCA-08-660010-E2 ZONE CHANGE SUNSET/GIBSON APPLICANT: Joel Laub & Associates Extension of time of a rezoning request from IG-RD (General Industrial with Redevelopment Overlay) to CC-RD-PUD (Community Commercial with Redevelopment and Planned Unit Development Overlays) on 7.1 acres, generally located at the northwest corner of Gibson Road and Cape Horn Drive, in the Eastside Redevelopment and Midway Planning Areas. (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 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; and 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 4 February 14, 2013- DRAFT - Minutes 3. Driveways shall be constructed per Clark County Area Standard Drawing Nos. 226.1 and 226.2 and dedicate any necessary right-of-way. 4. Applicant shall obtain all necessary NDOT and Utilities approvals. 5. Applicant shall submit a traffic analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. 6. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 7. Mapping shall be required and completed prior to Certificate of Occupancy/approval of Civil Improvement Plans. (E2) DEPARTMENT OF UTILITY SERVICES CONDITIONS 8. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 9. Applicant shall comply with the requirements of the master utility plan established for the project area. 10. All onsite utilities shall remain privately owned and maintained. 11. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 12. Applicant may be required to extend sewer from Sunset Road to serve proposed project in accordance with the Department of Utility Services' requirements. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 13. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 14. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 15. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational prior to starting construction or moving combustibles on site. 16. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 17. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 18. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. Henderson Planning Commission Meeting Page 5 February 14, 2013- DRAFT - Minutes 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. Provide allowance for shared secondary access with the gas station to the north if acceptable secondary access is not permitted by NDOT along Sunset Road. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 21. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 22. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 23. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 24. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. 25. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 26. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 27. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 28. The applicant must obtain approval of a design review for specific buildings and use permits, if required, for the future restaurant and office building. 29. This approval does not endorse signage shown with this application. Signage shall be reviewed and approved separately. 30. This resolution of intent shall expire on November 17, 2013. (E2) Henderson Planning Commission Meeting Page 6 February 14, 2013- DRAFT - Minutes 31. All parking spaces required by Section 19.10.1 of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. 32. Room rentals at Staybridge Suites (or any room with a kitchen) for longer than six consecutive nights are prohibited. 33. If the site is revised to comply with Parks and Recreation Department Condition No. 33, and if as a result any Development Code waivers become necessary, City Council approval of an amendment to this application is required. 34. Prior to obtaining a business license for a medical office use, the applicant must provide Community Development with an updated parking analysis that recalculates the amount of parking spaces required for the site. City Council approval of a PUD waiver may be necessary if there is insufficient parking for medical or mixed office uses. PARKS AND RECREATION DEPARTMENT CONDITION 35. Applicant shall provide a trail corridor with a 12-foot asphalt trail along US95/I-515 Trail. The trail corridor width, landscape, lighting and irrigation shall be per City of Henderson Park Standards. All landscape is to be constructed in the first phase of development construction. Applicant shall pay all fees and bond for improvements as part of the Civil Improvement Plan Process. As an alternate, the applicant shall provide cash-in-lieu of construction prior to civil improvement plan approval. WAIVERS a. Increase the maximum building height to 57 feet 1 inch for the La Quinta Inn, and 72 feet 8 inches for its tower. b. Reduce the minimum width of the landscape buffer along US-95 to 10 feet, and to 5 feet 6 inches along Gibson Road. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 7 February 14, 2013- DRAFT - Minutes VI. UNFINISHED BUSINESS: 4. CONTINUED PUBLIC HEARING CUP-12-500324 CONDITIONAL USE PERMIT FINAL TAVERN AT WIGWAM & STEPHANIE APPLICANT: Peccole Enterprises Allow a Tavern and request to reduce the tavern-to-tavern distance separation (2 taverns and 2 brewpubs) generally located south of Wigwam Parkway and east of Stephanie Street within the Winco shopping center, in the Gibson Springs Planning Area. This item was continued indefinitely. VII. NEW BUSINESS: 5. PUBLIC HEARING ZCA-06-660056-A1 ZONE CHANGE AMENDMENT 03/05/13 HORIZON AND VALLE VERDE COMMERCIAL SUBDIVISION APPLICANT: Bank of Nevada Amend a zone change to rezone from PS (Public/Semipublic) on 2.9 acres, RS-2 (Low-Density Residential) on 1.5 acres, and RS-6 (Low-Density Residential) on 0.1 acre to CO (Commercial Office) on 4.5 acres and to remove the site and architectural designs and waivers, generally located northeast of the intersection of Horizon Ridge Parkway and Valle Verde Drive, in the Green Valley Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Jennifer Roberts, Lionel Sawyer and Collins, representing the applicant, concurred with staff’s recommendation. 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. (Motion) Commissioner Howell introduced a motion recommending approval, subject to findings of fact and conditions. Henderson Planning Commission Meeting Page 8 February 14, 2013- DRAFT - Minutes FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned unit development is necessary to address a unique situation or represents a substantial benefit to the City, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards, based upon the purposes set out in Section 19.1.4. C. The planned unit development complies with standards of Section 19.6.4. 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 re-zonings, 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 construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 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. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 9 February 14, 2013- DRAFT - Minutes 6. PUBLIC HEARING VAC-13-500025 VACATION 03/05/13 TREVISO ESTATES APPLICANT: KB Home Nevada, Inc. Petition to vacate two driveways together with non-exclusive utility/use, municipal utility, and slope easements in the Northeast Quarter of Section 30, Township 22 South, Range 62 East, M.D.M., generally located at the northwest corner of Carmichael Way and Horizon Ridge Parkway, in the Green Valley Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Jason Kepple, 2727 South Rainbow Boulevard, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:07 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 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. 3. Vacation of rights-of-way and easements shall be completed prior to recordation of the final map. 4. Applicant shall reserve easement to NV Energy. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 10 February 14, 2013- DRAFT - Minutes 7. PUBLIC HEARING CUP-12-500421 CONDITIONAL USE PERMIT FINAL LOST AND FOUND APPLICANT: Lost and Found Secondhand Goods Retail Store located at 1419 N. Boulder Highway, Suite A, in the Eastside Redevelopment and Midway Planning Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Daniel Sinatra, 1419 North Boulder Highway, Suite 8, representing the applicant, concurred with staff’s recommendation. 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. (Motion) Commissioner Stewart introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. Henderson Planning Commission Meeting Page 11 February 14, 2013- 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 conditional use permit for a Secondhand Goods Retail Store 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. A sign shall be posted on the front of the business stating, “Donations and drop-offs are not accepted at this location.” 5. No outside storage of materials is allowed without approval of a conditional use permit. 6. No drop-offs or donations may be accepted at this location. The vote favoring final approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. 8. PUBLIC HEARING AP-08-12 FOR DRA-12-500085 - DESIGN REVIEW FINAL AAA-12-500423 ADMINISTRATIVE ADJUSTMENT FINAL CORONADO MULTIFAMILY APPLICANT: SOP 871, LLC Appeal of the City of Henderson Community Development Department’s approval of a design review request for a 308-unit multifamily residential development (apartment complex) and an administrative adjustment request to reduce the required parking by 10% from 730 spaces to 657 spaces, located at the southwest corner of Coronado Center Drive and Eastern Avenue, in the Westgate Planning Area. Chairman Campbell and Dan Stewart abstained from voting on this item due to business relationships with the applicant. Henderson Planning Commission Meeting Page 12 February 14, 2013- DRAFT - Minutes Commissioner Mansfield presided over this item. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends affirmation of approval. He also referenced a memorandum which includes a revised site plan as well as additional findings of facts and waivers to the design review. Tom Amick, 8345 West Sunset Road, representing the applicant, gave a brief summary and concurred with staff’s recommendation. Bill Colthard, 3800 Howard Hughes Parkway, representing the appellant, also concurred with staff’s recommendation. Commissioner Mansfield opened the public hearing at 7:12 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. Michael Tassi, Planning Manager, clarified that the appeal cannot be withdrawn; however, the Planning Commission can vote to affirm, modify, or deny the appeal. AP-08-12 FOR DRA-12-500085 (Motion) Commissioner Fellows introduced a motion to modify Community Development and Services’ approval, subject to findings of fact, conditions, and a waiver. FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The proposed development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. D. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. E. 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 13 February 14, 2013- 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. 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 Southern Nevada Water Association and Power Company approvals. 5. Applicant shall submit a traffic analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. 6. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 7. Cancel previous civil improvement plans and submit new plans. 8. Provide cross access agreements. DEPARTMENT OF UTILITY SERVICES CONDITIONS 9. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 10. Applicant shall comply with the requirements of the master utility plan established for the project area. 11. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 12. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements. 13. Applicant shall establish separate water and sewer service for each use classification in accordance with the Department of Utility Services' requirements. 14. Applicant may be required to abandon existing water or sewer infrastructure. 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. 15. 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. 16. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. Henderson Planning Commission Meeting Page 14 February 14, 2013- DRAFT - Minutes 17. 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. 18. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 19. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 20. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 21. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 22. Applicant shall provide directories at approved locations. The design shall be submitted for review and be approved prior to installation. 23. 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. 24. Applicant shall obtain a Fire Department permit for installing gates across fire lines prior to engaging in a hazardous activity or use. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 25. 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. 26. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 27. 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. 28. 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. 29. 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. Henderson Planning Commission Meeting Page 15 February 14, 2013- DRAFT - Minutes 30. 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. 31. 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. 32. Approval of this design review for a multifamily residential (apartment complex) 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. 33. 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. 34. 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. 35. 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). 36. Applicant shall comply with all conditions of approval for ZCA-12-500084. 37. This approval does not endorse signage shown with this application. Signage must be reviewed and approved separately. 38. Applicant must combine all lots prior to issuance of building permits. WAIVER a. Allow the removal of approximately 10 landscape fingers. The vote favoring approval was: Those voting aye: Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: Campbell and Stewart. Commissioner Mansfield declared the motion carried. AAA-12-500423 (Motion) Commissioner Fellows introduced a motion to affirm Community Development and Service’s approval, subject to findings of fact and conditions. Henderson Planning Commission Meeting Page 16 February 14, 2013- DRAFT - Minutes FINDINGS OF FACT A. The requested adjustment is consistent with the stated purposes of the Development Code. B. The administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety. C. Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum practical extent. D. The administrative adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either: (1) Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners in general; (2) Supporting an objective or goal from the purpose and intent statements of the zoning district where located; or (3) Proposed to protect sensitive natural resources or better integrate development with the desert environment. E. The owner of any real property adjacent to the site that would be affected by the administrative adjustment has provided written consent to the applicant. The vote favoring approval was: Those voting aye: Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: Campbell and Stewart. Commissioner Mansfield declared the motion carried. 9. PUBLIC HEARING CPA-13-500002 COMPREHENSIVE PLAN AMENDMENT 03/05/13 ZCA-13-500003-A2 ZONE CHANGE AMENDMENT 03/05/13 CUP-03-540078-A3 CONDITIONAL USE PERMIT AMENDMENT 03/05/13 CUP-13-500027 CONDITIONAL USE PERMIT 03/05/13 DRA-11-500179-A1 DESIGN REVIEW AMENDMENT 03/05/13 SEVEN HILLS BUSINESS PARK APPLICANT: Seven Hills Hospital A) Amend the Comprehensive Plan Land Use category Neighborhood Commercial to Public/Semipublic; B) Amend a zone change to rezone from CO-MP (Office Commercial with Master Plan Overlay) to PS-MP (Public/Semipublic with Master Plan Overlay); C) Amend a conditional use permit to add 36-beds to an existing hospital; D) A 1647-gallon Aboveground Fuel Storage tank; and E) A Hospital; on 1.3 acres generally located at 10649 Jeffreys Street in the Westgate Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. He also referenced a memorandum which makes clarifications to the address and building square footage. Henderson Planning Commission Meeting Page 17 February 14, 2013- DRAFT - Minutes Scott Rudy, 10649 Jeffreys Street; and Dr. Rob Turner, 3021 Horizon Ridge Parkway, representing the applicant, concurred with staff’s recommendation Chairman Campbell opened the public hearing at 7:16 p.m., asking if there was anyone present wishing to speak for or against this item. Jon Lacenere, 950 Seven Hills Drive, Unit 2321; and Gary Anadolian, 950 Seven Hills Drive, Suite 1114, stated they are opposed to the proposed item. Areas of concern included: incorrect public notice information, increased noise from employees and delivery trucks, decreased property values, and safety hazards. There being no one else wishing to speak, the public hearing was closed 7:20 p.m. Responding to the residents’ concerns regarding deliveries, Dr. Turner said the majority of deliveries are made during business hours; however, in cases of emergencies, deliveries will be made at times outside of business hours. Dr. Turner also commented that employees can be instructed to keep noise to a minimum during their breaks. Tracy Foutz, Assistant Director of Community Development and Services, confirmed that the date posted on the sign on the property was incorrectly posted as January 14, 2013. He noted that due to this error, this item will be continued in order to correct the notification error. CPA-13-500002 ZCA-13-500003-A2 CUP-03-540078-A3 CUP-13-500027 DRA-11-500179-A1 (Motion) Commissioner Stewart introduced a motion recommending continuance to the March 14, 2013, Planning Commission meeting. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 18 February 14, 2013- DRAFT - Minutes 10. PUBLIC HEARING CPA-13-500012 COMPREHENSIVE PLAN AMENDMENT 03/05/13 ZCA-13-500013 ZONE CHANGE 03/05/13 TMA-13-500014 TENTATIVE MAP 03/05/13 GIBSON PLAZA APPLICANT: D.R. Horton, Inc. A) Amend the Comprehensive Plan Land Use category from Commercial on 52.9 acres, Medium-Density Residential on 19.1 acres, and Business Industrial on 3.6 acres to Low-Density Residential on 48.1 acres, Medium-Density Residential on 24.1 acres, and Commercial on 3.3 acres; B) Zone Change from CC-MP (Community Commercial with Master Plan Overlay) on 72.0 acres and IL (Limited Industrial) on 5.5 acres to RS-6 (Low-Density Residential) on 23.0 acres, RS-8 (Low-Density Residential) on 25.1 acres, and RM-10 (Medium-Density Residential) on 24.1 acres, and CC (Community Commercial) on 3.3 acres; and C) A 463-lot (424 single-family, 39 common) residential subdivision on 72.3 acres, generally located at the southwest corner of Gibson Road and Warm Springs Road, in the Gibson Springs Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. He also noted that Condition 8 should be deleted from the tentative map per staff recommendation. Tom Amick, 8345 West Sunset Road, representing the applicant, concurred with staff’s recommendation. 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. There being no one wishing to speak, the public hearing was closed immediately. Commissioner Howell commented that he is very happy to see this project; however, he has concerns regarding the proximity to the commercial. He suggested a landscaping buffer to help with visibility and noise. Mr. Amick said there is a 25-foot landscape buffer with the exception of the bus turnout. CPA-13-500012 (Motion) Commissioner Mansfield introduced a motion recommending approval, subject to a finding of fact. Henderson Planning Commission Meeting Page 19 February 14, 2013- DRAFT - Minutes FINDINGS OF FACT A. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. ZCA-13-500013 (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 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 20 February 14, 2013- DRAFT - Minutes DEPARTMENT OF UTILITY SERVICES CONDITIONS 2. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 3. Applicant shall comply with the requirements of the master utility plan established for the project area. 4. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements. 5. Applicant shall prepare water and sewer system design in accordance with the Department of Utility Services' requirements. Approval of this application does not infer Department of Utility Services' approval for the water and sewer system layout as reflected on the application. 6. Applicant shall obtain potable water service from the 1970 pressure zone in accordance with the Department of Utility Services' requirements. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 7. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 8. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 9. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational in accordance with the 2009 International Fire Code Section 1412 as amended. 10. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 11. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 12. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 13. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. 14. Applicant shall install an approved sprinkler system in all dwelling units as required by Code. Henderson Planning Commission Meeting Page 21 February 14, 2013- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 15. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. TMA-13-500014 (Motion) Commissioner Mansfield 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. Applicant shall submit a drainage study (update) for Public Works' approval. 3. Applicant must apply and receive approval to vacate unnecessary rights- of-way and/or easements per Public Works' requirements and provide proof of vacation prior to (Certificate of Occupancy/approval of Civil Improvement Plans/Final Map/Parcel Map). 4. Applicant shall comply with Standard Drawing No. 201.1, which refers to major intersections and dedicate any necessary R/W. 5. Applicant shall apply for and receive approval of a revocable permit for landscaping within the public right-of-way. 6. Private Driveways shall be privately owned and maintained. Any pavement replaced by the City during any road repairs due to utility maintenance shall be standard paving only. The replacement of any non- standard street or sidewalk materials such as, but not limited to, pavers and stamped concrete, will be the responsibility of those responsible for the private streets. 7. Landscaping shall not be located within public right-of-way or the sight visibility restriction zone per Clark County Area Standard Drawing No. 201.2. 8 Traffic Circle/Roundabout required at Kelso Dunes and Rorest Ridge Street. Henderson Planning Commission Meeting Page 22 February 14, 2013- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 8. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 9. Approval of this 463-lot (424 single-family, 39 common) tentative map shall be for a period of four years from the effective date of approval. 10. The proposed street names are not approved through this application. Applicant shall submit a list of proposed street names to Community Development for approval prior to approval of the final map. 11. Prior to issuance of a building permit for homes, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Homeowners Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). 12. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 13. Applicant must post a bond with the Public Works Department for the installation of all perimeter landscaping and common open space landscaping and amenities prior to approval of the Civil Improvement Plans. 14. Applicant must grant, with recordation of the final map, a perpetual, non- exclusive easement for ingress, egress, and use upon and over all portions delineated as a private street for the benefit of all lots shown hereon. All private streets must be privately maintained. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 23 February 14, 2013- DRAFT - Minutes 11. PUBLIC HEARING CPA-13-500021 COMPREHENSIVE PLAN AMENDMENT 03/05/13 ZCA-13-500022 ZONE CHANGE 03/05/13 DRA-13-500023 DESIGN REVIEW 03/05/13 TMA-13-500024 TENTATIVE MAP 03/05/13 DEEPWATER APPLICANT: Pardee Homes of Nevada A) Amend the Comprehensive Plan Land Use category from Medium-Density Residential to Low-Density Residential; B) Rezone from RS-2 (Low-Density Residential) to RS-6 (Low-Density Residential); C) Review of architectural design and landscaping for a 46-lot (44 single-family, 2 common) residential subdivision; and D) A 46-lot (44 single-family, 2 common) residential subdivision; on 10.1 acres generally located at the southeast corner of the Horizon Ridge Parkway and Gibson Road, in the McCullough Hills Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. He also referenced a memorandum which includes architectural and floor plans. Tom Amick, 8345 West Sunset Road, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:36 p.m., asking if there was anyone present wishing to speak for or against this item. Chris Wible, 2312 Corinth Way, said he is in favor of the project; however, he has concerns regarding light pollution. There being no one else wishing to speak, the public hearing was closed at 7:37 p.m. CPA-13-500021 (Motion) Commissioner Fellows introduced a motion recommending approval, subject to findings of fact. FINDINGS OF FACT A. There was an error in the original Comprehensive Plan adoption. B. The City Council failed to take into account then existing facts, projections or trends that were reasonably foreseeable to exist in the future. C. Events, trends or facts after adoption of the Comprehensive Plan have changed the City Council's original findings made upon plan adoption. Henderson Planning Commission Meeting Page 24 February 14, 2013- DRAFT - Minutes D. Events, trends or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. ZCA-13-500022 (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 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 25 February 14, 2013- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 3. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. DRA-13-500023 (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. E. The same development could not be accomplished through the use of other techniques such as variances or administrative adjustments. Henderson Planning Commission Meeting Page 26 February 14, 2013- DRAFT - Minutes PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. DEPARTMENT OF UTILITY SERVICES CONDITIONS 2. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 3. Applicant shall comply with the requirements of the master utility plan established for the project area. 4. Applicant shall be required to construct a full-frontage water main extension along Gibson Road and Aurora Drive. 5. Applicant shall be required to construct a full-frontage sewer main extension along Gibson Road. 6. Applicant shall prepare water and sewer system design in accordance with the Department of Utility Services' requirements. Approval of this application does not infer Department of Utility Services' approval for the water and sewer system layout as reflected on the application. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 7. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 8. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 9. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational in accordance with the 2009 International Fire Code Section 1412 as amended. 10. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 11. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 12. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. Henderson Planning Commission Meeting Page 27 February 14, 2013- DRAFT - Minutes 13. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. 14. Applicant shall install an approved sprinkler system in all dwelling units as required by Code. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 15. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 16. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 17. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 18. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. 19. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 20. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 21. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 22. Approval of this design review shall be for a period of 18 months from the effective date of approval, unless the approval is extended in accordance with Section 19.6.6.B of the Development Code. 23. Applicant must post a bond with the Public Works Department for the installation of all perimeter landscaping and common open space landscaping and amenities prior to approval of the Civil Improvement Plans. Henderson Planning Commission Meeting Page 28 February 14, 2013- DRAFT - Minutes 24. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 25. Applicant must comply with all conditions of approval for ZCA-13-500022. 26. Prior to issuance of a building permit for homes, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Homeowners Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). WAIVERS a. Allow “stub” streets for private streets at Lot 4 and Lot 41. b. Allow 42-foot-wide private streets with a 5-foot sidewalk on one side (Street B). c. Allow lot width less than 60 feet wide and lot size less than 6,000 square feet. Lot Number Lot Width Square Footage 2 56 feet 5,252 sq. ft. 3 56 feet 5,251 sq. ft. 4 65.84 feet 5,780 sq. ft. 5 42.05 feet 5,958 sq. ft. 6 56 feet 5,488 sq. ft. 7 56 feet 5,493 sq. ft. 8 56 feet 5,539 sq. ft. 9 56 feet 5,595 sq. ft. 10 56 feet 5,651 sq. ft. 11 56 feet 5,707 sq. ft. 12 56 feet 5,756 sq. ft. 13 56.02 feet 5,840 sq. ft. 24 56 feet 5,768 sq. ft. 25 56 feet 5,768 sq. ft. 26 56 feet 5,768 sq. ft. 27 56 feet 5,768 sq. ft. 28 56 feet 5,768 sq. ft. 29 56 feet 5,768 sq. ft. 30 55.64 feet 5,462 sq. ft. 31 57.76 feet 5,677 sq. ft. 42 57.25 feet 5,551 sq. ft. 43 57-59 feet 5,529 sq. ft. 44 47 feet 5,644 sq. ft. d. Reduce the side-yard setback, Lot 40, from 10 feet to 8 feet 6 inches. e. Allow 6-foot landscape width along Gibson Road. Henderson Planning Commission Meeting Page 29 February 14, 2013- DRAFT - Minutes The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. TMA-13-500024 (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. Applicant shall submit a drainage study (update) for Public Works' approval. 3. Applicant shall submit a traffic analysis (update) to address traffic concerns and to determine the proportionate share of this development’s local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. 4. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 5. Applicant must apply and receive approval to vacate unnecessary rights- of-way and/or easements per Public Works' requirements and provide proof of vacation prior to (Certificate of Occupancy/approval of Civil Improvement Plans/Final Map/Parcel Map). 6. Applicant shall comply with Standard Drawing No. 201.1, which refers to major intersections and dedicate any necessary R/W. 7. Applicant shall provide paved off-street parking. 8. Applicant shall apply for and receive approval of a revocable permit for landscaping and irrigation within the public right-of-way. 9. Applicant shall provide copies of cross-access agreements on adjacent properties. 10. Streets shall be privately owned and maintained. Any pavement replaced by the City during any road repairs due to utility maintenance shall be standard paving only. The replacement of any non-standard street or sidewalk materials such as, but not limited to, pavers and stamped concrete, will be the responsibility of those responsible for the private streets. 11. Applicant shall revise Civil Improvement Plans for project to the east/ per Public Works' requirements. Henderson Planning Commission Meeting Page 30 February 14, 2013- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 12. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 13. Approval of this tentative map for 47-lots (44 single-family and 3 common) shall be for a period of four years from the effective date of approval. 14. The proposed street names are not approved through this application. Applicant shall submit a list of proposed street names to Community Development for approval prior to approval of the final map. 15. Applicant must grant, with recordation of the final map, a perpetual, non- exclusive easement for ingress, egress, and use upon and over all portions delineated as a private street for the benefit of all lots shown hereon. All private streets must be privately maintained. 16. Applicant must comply with all conditions of approval for ZCA-13-500022. The vote favoring approval was: Those voting aye: Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis and Belingheri. Those abstaining: None. Chairman Campbell declared the motion carried. VIII. PUBLIC COMMENT: There were no comments presented by the public. IX. DIRECTOR'S/CHAIRMAN'S BUSINESS: Mr. Foutz reminded the Commissioners of the following:  Joint City Council/Planning Commission Workshop on February 25, 2013, at 6:00 p.m. in the Mayor and Council Board Room.  Briefings on March 11, 2013, will include training from the City Attorney’s Office on protocol regarding legal issues. Henderson Planning Commission Meeting Page 31 February 14, 2013- DRAFT - Minutes X. ADJOURNMENT: There being no further business to come before the Commission, Chairman Campbell adjourned the meeting at 7:41 p.m. APPROVED:  Michael Campbell, Chairman