Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers March 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 March 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 Joe Belingheri Commissioner George Bochanis Commissioner Sean Fellows Commissioner Todd Howell Commissioner Jerry Mansfield Commissioner Dan Stewart EXCUSED: None COUNCIL REP: None STAFF: Tracy Foutz, Deputy Community Development Director Eddie Dichter, Principal Planner Michael Tassi, Current Planning Manager Terri Williams, Assistant City Attorney III Sheri Jensen, Planning Commission Coordinator Nanci Bowen, Department Records Clerk April Parra, Minutes Clerk III. PLEDGE OF ALLEGIANCE: Chairman Campbell led those present in the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA: Bill Curran, 100 North City Parkway, requested that Items 2 and 10 be continued or heard simultaneously. Commissioner Bochanis introduced a motion to accept the agenda as amended: Items 4 and 5 will be pulled from the Consent Agenda for discussion. Henderson Planning Commission Meeting Page 2 March 14, 2013- DRAFT - Minutes Items 7 and 11 were continued to the April 11, 2013, Planning Commission meeting. Item 10 will be heard last on the agenda. The motion was approved unanimously. 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. Note: Items 4 and 5 were pulled for discussion. 1. ADOPTION OF THE PLANNING COMMISSION FINAL MINUTES FOR FEBRUARY 14, 2013 MEETING COMMUNITY DEVELOPMENT DEPARTMENT (Motion) Commissioner Belingheri introduced a motion recommending final approval. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Note: Item 2 was heard simultaneously with Item 10. 2. TMA-12-500308 TENTATIVE MAP FINAL CADENCE PHASE 1 - NEIGHBORHOOD TENTATIVE MAP APPLICANT: THE LANDWELL COMPANY A 28-lot neighborhood tentative map for Cadence Phase 1 on 392 acres, located north of the intersection of Lake Mead Parkway and Warm Springs Road in the Eastside Redevelopment and Valley View Planning Areas. (Motion) Commissioner Belingheri introduced a motion recommending final approval, subject to conditions. Henderson Planning Commission Meeting Page 3 March 14, 2013- DRAFT - Minutes The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Immediately following Item 5 the following motion was made. (Motion) Chairman Campbell introduced a motion recommending the removal of Item 2 from the previously-approved Consent Agenda to allow it to be heard in conjunction with Item 10. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Please see discussion under Item 10. (Motion) Commissioner Fellows introduced a motion recommending a continuance to the April 11, 2013, Planning Commission meeting, to allow for the applicant to hold a neighborhood meeting with the homeowners associations to resolve outstanding concerns. The vote favoring a continuance was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. 3. MSP-02-590028-A5 MASTER SIGN PLAN AMENDMENT FINAL SEVEN HILLS COMMERCIAL CENTER EAST APPLICANT: YESCO Amend a master sign plan to increase the height of a proposed pylon sign from 20 feet to 30 feet at 3175 St. Rose Parkway, in the Westgate Planning Area. (Motion) Commissioner Belingheri introduced a motion recommending final approval, subject to conditions. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. The City must first execute a written release of applicant's processing waiver and a water service commitment before applicant shall Henderson Planning Commission Meeting Page 4 March 14, 2013- DRAFT - Minutes have any claim of entitlement to construct the project or to receive any grading or building permit. 2. Signs shall not be located within public right-of-way or the sight visibility restriction zone. DEPARTMENT OF UTILITY SERVICES CONDITION 3. Applicant shall maintain minimum separation requirements from existing 21-inch sanitary sewer per the Department of Utility Services. 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. Development of this project shall conform to plans and exhibits presented to the Planning Commission for approval, which shall include all exhibits presented to staff for compliance with required conditions of approval. 6. Any changes made to an approved master sign plan shall require approval of an amended master sign plan. 7. The LED sign shall require automatic diming devices to reduce intensity at hours of dusk to dawn; the LED sign shall consist of static or slow-scrolling signage during all hours of operation; the message screen shall change by only fading or dissolving; and flashing signs are prohibited. (A3 - Wingate by Wyndam) 8. Remaining signage available for the balance of the center is: 1,833 square feet for freestanding signs (1 along St. Rose Parkway, 1 along Seven Hills Drive, 5 along Horizon Ridge Parkway), and 3,243 square feet for building wall signage. (A5) MODIFICATION a. Allow a 30-foot-tall freestanding sign for the two office buildings as shown on the site plan for amendment A5. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 5 March 14, 2013- DRAFT - Minutes 4. MSP-13-500040-A1 MASTER SIGN PLAN AMENDMENT FINAL GREEN VALLEY PRESBYTERIAN CHURCH APPLICANT: GREEN VALLEY PRESBYTERIAN CHURCH Amend a master sign plan to increase allowable freestanding sign area and height, as well as allow an electronic graphic display sign within 250 feet of a residential land use, at 1798 Wigwam Parkway, in the Green Valley South Planning Area. This item was pulled for discussion. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends denial. Douglas McNamara, 2683 Parisians Court; and Charles Schota, 1814 Walking Path Avenue, representing the applicant, displayed renderings, gave a presentation on the proposed item, and requested the Commission’s approval. After a brief discussion, Mr. McNamara confirmed that due to the incline of the street, there is a line-of-sight concern. Mr. McNamara did not have any photographs available that depict the incline of the street. Commissioner Bochanis commented that he does not have concerns with light spillage or the request for additional signage. Commissioner Stewart commented that there is a very steep incline just past the flashing school sign to the Greenspun Middle School entrance. Commissioner Belingheri commented that due to the hardship created by the steep incline and the benefits to the community that the church provides, he supports the proposed item. (Motion) Commissioner Belingheri introduced a motion recommending final approval, subject to conditions and modifications. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Signs shall not be located within public right-of-way or the sight visibility restriction zone per Clark County Area Standard Drawing No. 201.2. Henderson Planning Commission Meeting Page 6 March 14, 2013- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 4. Development of this project shall conform to plans and exhibits presented to the Planning Commission for approval, which shall include all exhibits presented to staff for compliance with required conditions of approval. 5. Any changes made to an approved master sign plan shall require approval of an amended master sign plan. 6. The electronic graphic display sign shall be turned off (not operated) between the hours of 10:00 p.m. and 6:00 a.m. 7. The electronic graphic display sign shall comply with the Brightness standards in Title 19.8.7.J of the Henderson Development Code. MODIFICATIONS a. Allow an electronic graphic display sign within 95 feet of a residential land use. b. Allow two freestanding signs on one street frontage; allow a 116-square-foot freestanding sign; and allow a 12.75-foot-tall freestanding sign. The vote favoring final approval was: Those voting aye: Belingheri, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: Bochanis. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. 5. EXTENSION OF TIME A)CUP-11-500147-E1 CONDITIONAL USE PERMIT FINAL B)VAA-11-500155-E1 VARIANCE FINAL JERICHO HEIGHTS - CTC CRUSHING APPLICANT: IMPACT COMPANIES A) Extension of time of a conditional use permit to allow a Short-term Mining and Processing Facility (rock crusher) and an aboveground fuel storage tank; and B) Extension of time of a variance to reduce the ½-mile (2,640 feet) separation requirement from existing occupied residential homes to 1,688 feet; generally located southeast of Dawson Avenue and west of U.S. 95, in the Mission Hills Planning Area. This item was pulled for discussion. Henderson Planning Commission Meeting Page 7 March 14, 2013- DRAFT - Minutes Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends denial. He noted that the applicant has submitted development and hillside-restoration plans. John Marchiano, 218 Lead Street; and Bill Wadley, 12 Hummingbird Circle, representing the applicant, gave a presentation on the proposed item and requested the Commission’s approval. Discussion ensued regarding extending the conditional use permit for six months. Commissioner Mansfield said he was initially against the extension; however, due to the fact that the rock is being utilized around the valley, no complaints have been voiced, and in an effort not to put people out of work, he is now in favor of the extension. Commissioner Belingheri said he would like to see a bond put in place in the event the operation should cease prior to completion. Michael Tassi, Planning Manager, responded that approving the extension to July would allow staff to review the recently submitted restoration and development plans and add a condition for bonding. CUP-11-500147-E1 (Motion) Commissioner Howell introduced a motion recommending final approval, subject to findings of fact and conditions, with a revision to Condition 8 to read as follows: This conditional use permit shall expire and operations must cease on July 3, 2013, unless a Planned Unit Development or Design Review to re-establish the hillside development plan is approved by City Council. 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 8 March 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 obtain all necessary NDOT, UPRR, and Federal approvals. 3. Applicant shall provide grading plan. DEPARTMENT OF UTILITY SERVICES CONDITIONS 4. Applicant shall meet all backflow prevention requirements in accordance with the Department of Utility Services' standards. 5. Applicant shall coordinate with Ali Zenhari (267-2572) in Utility Services concerning the future Boulder City Highway Bypass project. FIRE DEPARTMENT CONDITION The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 6. Applicant shall obtain a Fire Department permit for emergency generator fuel storage prior to engaging in a hazardous activity or use. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 7. 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. 8. This conditional use permit shall [lapse shall lapse on September 30, 2013, unless the use extended in accordance with Section 19.6.6.A. of the Development Code] expire and operations must cease on July 3, 2013, unless a Planned Unit Development or Design Review to re-establish the hillside development plan is approved by City Council. 9. Off-site materials shall not be imported and crushed on site. 10. The rock crusher shall be shielded from view of residences within one-half mile, and only one crusher shall be allowed. 11. Dust control shall be maintained at all times at grading, crushing, and roads to stop windblown dust from entering residential areas. 12. Grading and crushing operations may only be performed between 6:00 a.m. and 6:00 p.m. Monday through Saturday. Henderson Planning Commission Meeting Page 9 March 14, 2013- DRAFT - Minutes 13. Applicant shall establish a 24-hour phone line for adjacent property owners to call to voice complaints about dust or noise originating from the rock crusher. Once the phone line is established, the number shall be given to Code Enforcement staff of the City. 14. The applicant must post a hillside restoration bond with the Public Works Department prior to approval of the grading permit. 15. 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). 16. All grading/crushing must cease immediately and may not resume until City approval of a development plan, grading plan, and hillside restoration plan is granted through proper entitlement applications per Sec. 19.4.8.F.8 of the Development Code. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. VAA-11-500155-E1 (Motion) Commissioner Howell introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. Because of special circumstances or conditions applicable to the subject property, including narrowness, hollowness, shape, exceptional topography, or other extraordinary or exceptional situations or conditions, strict application of the requirements of this ordinance would result in peculiar and exceptional difficulties or undue hardships for the owner of the property. B. The variance may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources, and without detriment or injury to property or improvements in the vicinity of the development site or to the public health, safety, or general welfare. C. Granting the variance is consistent with the purposes of this ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. D. Granting the variance will not allow a use that is otherwise prohibited in the underlying zoning district. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. Henderson Planning Commission Meeting Page 10 March 14, 2013- DRAFT - Minutes 2. Applicant shall submit a haul route for approval. (E1) COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 4. Applicant shall comply with all conditions of approval for CUP-11-500147. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. VI. UNFINISHED BUSINESS: 6. CONTINUED PUBLIC HEARING A)CPA-13-500002 COMPREHENSIVE PLAN AMENDMENT 03-19-13 B)ZCA-13-500003-A2 ZONE CHANGE AMENDMENT 03-19-13 C)CUP-03-540078-A3 CONDITIONAL USE PERMIT AMENDMENT 03-19-13 D)CUP-13-500027 CONDITIONAL USE PERMIT 03-19-13 E)DRA-11-500179-A1 DESIGN REVIEW AMENDMENT 03-19-13 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 located at 10649 Jeffreys Street in the Westgate Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. He also referenced a memorandum which clarifies the size of the requested fuel storage tank. Scott Rudy, 10649 Jeffreys Street; and Dr. Rob Turner, 3021 Horizon Ridge Parkway, representing the applicant, gave a brief presentation and concurred with staff’s recommendation. Henderson Planning Commission Meeting Page 11 March 14, 2013- DRAFT - Minutes 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. Judy Owen, 2957 Queen Lake Court; Michael Handor, 950 Seven Hills Drive, No.1923; and Rob Gustafson, 2981 Queen Lake Court; voiced their opposition to the proposed item. Areas of concern included: safety, noise, and decrease in home values. There being no one else wishing to speak, the public hearing was closed at 7:34 p.m. Responding to the neighbors’ concerns, Mr. Rudy stated the fuel tank is designed to withstand fire and vehicle impact and will be located behind a 12-foot block wall. It was also noted by staff that the fire department will review this application prior to the issuance of a building permit. The applicant also noted that deliveries will be made during business hours, 7:00 a.m. to 6:00 p.m., Monday through Friday. Commissioner Bochanis suggested the addition of a condition regarding the delivery times. CPA-13-500002 (Motion) Commissioner Bochanis 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: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. ZCA-13-500003-A2 (Motion) Commissioner Bochanis introduced a motion recommending approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. Henderson Planning Commission Meeting Page 12 March 14, 2013- DRAFT - Minutes B. The planned development addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of Section 19.4.4, Master Plan Development Overlay, or Section 19.4.5, Planned Unit Development Overlay. D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. 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. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 4. Applicant shall comply with all conditions of approval for Z/PUD-87-00 and PUD/TM-117-99. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 13 March 14, 2013- DRAFT - Minutes CUP-03-540078-A3 (Motion) Commissioner Bochanis 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, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution on the value of other property in the neighborhood in which it is located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service to existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum extent. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. Applicant shall comply with all conditions of approval for Z/PUD-87-00. 4. This conditional use permit for a 96-bed institutional housing facility (psychiatric hospital)shall lapse two years from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.2.8.L. (A2) The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 14 March 14, 2013- DRAFT - Minutes CUP-13-500027 (Motion) Commissioner Bochanis 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 a [1,500-gallon] 1000-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. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 15 March 14, 2013- DRAFT - Minutes DRA-11-500179-A1 (Motion) Commissioner Bochanis introduced a motion recommending approval, subject to conditions, with the added condition that deliveries will be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. 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. Mapping shall be required and completed prior to approval of Civil Improvement Plans. 5. Applicant shall provide copies of cross-access agreements with adjacent properties. 6. Applicant shall revise Civil Improvement Plans per Public Works' requirements. DEPARTMENT OF UTILITY SERVICES CONDITIONS 7. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 8. Applicant shall comply with the requirements of the master utility plan established for the project area. 9. Applicant shall participate in the St. Rose Sewer Refunding Agreement. 10. 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. 11. 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. Henderson Planning Commission Meeting Page 16 March 14, 2013- DRAFT - Minutes 12. 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. 13. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 14. 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. 15. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 16. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 17. 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. 18. Fire protection systems / FDC's shall be interconnected to function as one facility. 19. Applicant shall submit an alternate method to mitigate for the lack of an approved turnaround on the dead-end fire lane over 150 feet long. 20. Applicant shall provide a dedicated ambulance parking space with reserved parking signage near the main entrance. 21. Applicant shall provide continuous roof access with multiple fixed ladders (locations to be approved by Fire Department) to allow emergency responders to quickly gain access between different roof elevations. 22. Applicant shall meet current building code requirements in order to obtain a change of occupancy for the smaller building being converted from office to hospital. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 23. 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. 24. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 25. 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 March 14, 2013- DRAFT - Minutes 26. 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. 27. 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. 28. 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. 29. 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. 30. 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. 31. Applicant shall comply with all conditions of approval for CUP-03-540078- A3, CUP-13-500027 and ZCA-13-500003-A2 and any related amendments thereto. 32. 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. 33. The applicant shall be required to relocate three to four trees from the new courtyard area. The applicant shall submit a landscape plan noting the new location of the relocated trees. 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. Applicant shall comply with all conditions of approval for CUP-03-540078- A3, ZCA-13-500003-A2 and CUP-13-500027. 36. Normal deliveries shall be between 7:00 a.m. and 6:00 p.m. Monday through Friday. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 18 March 14, 2013- DRAFT - Minutes VII. NEW BUSINESS: 7. PUBLIC HEARING A)CPA-13-500006 COMPREHENSIVE PLAN AMENDMENT B)ZCA-06-660020-A7 ZONE CHANGE AMENDMENT C) TMA-13-500008 TENTATIVE MAP D) TMA-13-500009 TENTATIVE MAP E) TMA-13-500010 TENTATIVE MAP F) TMA-13-500011 TENTATIVE MAP THE FALLS AT LAKE LAS VEGAS APPLICANT: LLV VS, LLC A) Amend the Comprehensive Plan Land Use category from Public/Semipublic on 87.8 acres, Low-Density Residential on 82.8 acres, and Medium-Density Residential on 5.9 acres to Public/Semipublic on 63.3 acres and Low-Density Residential on 113.2 acres; B) Amend a zone change to revise the design guidelines for street cross-sections and rezone from PS-MP-H (Public/Semipublic) on 87.8acres, RS-6-MP-H (Low- Density Residential) on 82.8 acres, and RM-10-MP-H (Medium-Density Residential) on 5.9 acres to PS-MP-H (Public/Semipublic) on 63.3 acres and RS- 6-MP-H (Low-Density Residential) on 113.2 acres, all with Master Plan and Hillside Overlays; C) A 55-lot (53 single-family, 2 common) residential subdivision for Serrano-M on 28.9 acres; D) A 115-lot (112 single-family, 3 common) residential subdivision for Provence on 45.7 acres; E) A 130-lot (127 single-family, 3 common) residential subdivision for Verona on 43.6 acres; and F) A 55-lot (53 single-family, 2 common) residential subdivision for Serrano-L on 20.2 acres; generally located north of the intersection of Lake Las Vegas Parkway and Lake Mead Parkway, in the Lake Las Vegas Planning Area. This item was continued to the April 11, 2013, Planning Commission meeting. 8. PUBLIC HEARING VAC-13-500038 VACATION 04-09-13 HORIZON RIDGE AND ARROYO GRANDE (AKA SALERNO ESTATES) APPLICANT: KB HOME Petition to vacate portions of Flores Lane in the East Half of Section 21, Township 22 South, Range 62 East, M.D.M., generally located northwest of Arroyo Grande Boulevard and Horizon Ridge Parkway, in the Green Valley Ranch Planning Area. Henderson Planning Commission Meeting Page 19 March 14, 2013- DRAFT - Minutes Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. John Land, 3281 South Highland Drive, Las Vegas, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:43 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 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 map shall record concurrently with final map. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. 9. PUBLIC HEARING VAC-12-500039 VACATION 04-09-13 BOULDER HIGHWAY FAMILY PH2 APPLICANT: CITY OF HENDERSON Petition to vacate right-of-way and utility easements in the Northwest Quarter of Section 29, Township 22 South, Range 63 East, M.D.M., generally located southwest of Horizon Drive and Boulder Highway, in the Highland Hills Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Dennis Worstler, 3301 West Spring Mountain Road, Las Vegas, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:44 p.m., asking if there was anyone present wishing to speak for or against this item. Henderson Planning Commission Meeting Page 20 March 14, 2013- DRAFT - Minutes There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Stewart introduced a motion recommending approval, subject to conditions. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Prior to vacation approval, applicant shall indicate how this site will get secondary access. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. 10. PUBLIC HEARING VAC-13-500042 VACATION 04-09-13 MOHAWK DRIVE APPLICANT: BASIC ENVIRONMENTAL CO, LLC Petition to vacate portions of Mohawk Drive in Section 5, Township 22 South, Range 63 East, M.D.M., generally located northwest of Lake Mead Parkway and Mohawk Drive, in the Eastside Redevelopment and Pittman Planning Areas. This item was heard in conjunction with Item 2. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Lee Farris, 875 West Warm Springs Road, representing the applicant, concurred with staff’s recommendation. Commissioner Bochanis confirmed with the applicant that Galleria Drive will be open prior to the vacation of Mohawk Drive. Bill Curran, 100 City Parkway, Las Vegas, representing numerous residents, stated they are opposed to the project for numerous reasons and would like the Commission to grant a continuance in order for another neighborhood meeting to be held in an effort to come to an agreeable solution. Henderson Planning Commission Meeting Page 21 March 14, 2013- DRAFT - Minutes Mr. Curran also submitted an online iPetition with 550 electronic names for the record. Commissioner Bochanis suggested the Planning Commission consider the request for continuance prior to hearing from any additional public. Discussion ensued regarding continuing the item to allow the applicant and the residents to meet. Mr. Farris commented that the applicant has responded to every email, phone call, and request the residents have made. He noted that the residents have rejected the options that have been provided and have not offered any options for the applicant to consider. Additional discussion ensued regarding the traffic study and it was noted that traffic studies come after the entitlement approval. (Motion) Commissioner Fellows introduced a motion recommending a continuance to the April 11, 2013, Planning Commission meeting, to allow for the applicant to hold a neighborhood meeting with the homeowners associations to resolve outstanding concerns. The vote favoring a continuance was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. 11. PUBLIC HEARING A)CUP-07-540091-A1 CONDITIONAL USE PERMIT AMENDMENT FINAL B)DRA-12-500426 DESIGN REVIEW FINAL TAVERN AT EASTERN AND CORONADO CENTER APPLICANT: HALF SHELL ENTERTAINMENT GROUP A) Amend a conditional use permit for a Tavern to delete conditions of approval 4 and 5; and B) Review of exterior modifications to an existing building located at 10430 South Eastern Avenue, in the Westgate Planning Area. This item was continued to the April 11, 2013, Planning Commission meeting. Henderson Planning Commission Meeting Page 22 March 14, 2013- DRAFT - Minutes 12. PUBLIC HEARING CUP-13-500026 CONDITIONAL USE PERMIT FINAL ST. MATTHEW’S BAPTIST CHURCH APPLICANT: ST. MATTHEW’S BAPTIST CHURCH Religious Assembly (church) at 693 Valle Verde Drive, Suite 8, in the Green Valley North Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Pastor James McRay, 27 Rose Pine Court, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:45 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 Fellows introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. 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 23 March 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 religious assembly shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. 13. PUBLIC HEARING CUP-13-500030 CONDITIONAL USE PERMIT FINAL COWABUNGA BAY LAS VEGAS APPLICANT: COWABUNGA BAY LAS VEGAS Hazardous Materials Storage (sodium hypochlorite and muriatic acid) in conjunction with a water park located at 900 West Galleria Drive (generally the northeast corner of Gibson Road and Galleria Drive), in the Eastside Redevelopment Area and Midway Planning Areas. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Ben Howell, 2545 Chateau Clairmont, representing the applicant, concurred with staff’s recommendation. Commissioner Howell disclosed that he is related to the applicant. Chairman Campbell opened the public hearing at 7:46 p.m., asking if there was anyone present wishing to speak for or against this item. Henderson Planning Commission Meeting Page 24 March 14, 2013- DRAFT - Minutes There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Mansfield introduced a motion recommending final approval, subject to findings of fact 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 storage of hazardous materials (sodium hypochlorite/bleach and muriatic acid), in conjunction with a water park, shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 25 March 14, 2013- DRAFT - Minutes 14. PUBLIC HEARING CUP-13-500035 CONDITIONAL USE PERMIT FINAL HENDERSON AIKIDO APPLICANT: HENDERSON AIKIDO Personal Improvement Service (martial arts & yoga facility) located at 671 Middlegate Road, Suite C, in the Eastside Redevelopment and Midway Planning Areas. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Arlene Manibles, 2291 West Horizon Ridge Parkway, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:47 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Belingheri introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. Henderson Planning Commission Meeting Page 26 March 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 Personal Improvement Services shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. 15. CUP-13-500036 CONDITIONAL USE PERMIT FINAL PAST AND PRESENTS APPLICANT: PAST AND PRESENTS Secondhand Goods Retail Store located at 331 Water Street, Suite A, in the Downtown Redevelopment and Townsite Planning Areas. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Judy Corchrin, 611 Hidden Valley Drive, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:48 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 Bochanis introduced a motion recommending final approval, subject to findings of fact and conditions. Henderson Planning Commission Meeting Page 27 March 14, 2013- 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 for Secondhand Goods 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. No drop off or donations shall be permitted at this location. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 28 March 14, 2013- DRAFT - Minutes 16. PUBLIC HEARING CUP-13-500043 CONDITIONAL USE PERMIT FINAL SUGAR AND SPICE MARKET APPLICANT: NAKED CITY SWEETS Outdoor Event of more than six per year (farmers’ market) at 2550 Anthem Village Drive, in the Anthem Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Nikaela Brown. 950 Seven Hills Drive, Apt. 1611, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:49 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Fellows introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. 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 29 March 14, 2013- DRAFT - Minutes FIRE DEPARTMENT CONDITION The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 2. Applicant 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 4. This conditional use permit for an outdoor farmer’s market on Saturdays shall expire on September 30, 2013, unless the use is extended in accordance with Section 19.6.6.A. of the Development Code. 5. The sale or trade of second-hand goods is not permitted. 6. Approval of this conditional use permit includes the approval for one banner sign (max. 36 square feet) and one A-Frame sign (max. 9 square feet) as temporary signs advertising the event. The two signs are only permitted to be located on this subject property. 7. Any recorded or live music played during each event must be in accordance with the noise levels stated in Section 19.7.8.G of the Henderson Development Code. 8. Approval of this use permit does not grant the necessary approvals from other City Departments for structures/tents and licenses. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 30 March 14, 2013- DRAFT - Minutes 17. PUBLIC HEARING ZCO-01-670019-A6 ZONE CHANGE AMENDMENT 04-09-13 BLACK MOUNTAIN INDUSTRIAL CENTER APPLICANT: THE LANDWELL COMPANY Amend a master plan to allow additional ancillary uses associated with a Brewery on a 49-acre portion of the master plan, generally located southeast of Warm Springs Road and Eastgate Road, in the Midway Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Lee Farris, 875 West Warm Springs Road, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 7:50 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Stewart introduced a motion recommending approval, subject to 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. Henderson Planning Commission Meeting Page 31 March 14, 2013- DRAFT - Minutes F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study for Public Works' approval. 3. 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 4. 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. 5. All aboveground public and private owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 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. All walls visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. The use of colored, common gray or painted CMU block shall not be permitted. 8. Prior to subdividing any portion of this site, applicant shall obtain approval of a design review for specific buildings and use permits, if required, for uses on the portion being subdivided. Building A (University of Phoenix) is approved with ZCO-01-670019-A2 9. Applicant shall comply with all applicable conditions of approval for ZCO- 01-670019 and related amendments. 10. This approval does not endorse signage shown with this application. Signage shall be reviewed and approved separately. 11. The proposed street names are not approved. Applicant shall submit a list of proposed street names to Community Development for approval prior to approval of the final map. Henderson Planning Commission Meeting Page 32 March 14, 2013- DRAFT - Minutes 12. All private open space, landscaped areas within public rights-of-way, landscaping along public rights-of-way, and landscaping within drainage channels (arroyos) shall be installed by the developer and maintained by a property owners association, unless otherwise approved by City Council. Water conservation shall be a primary design element in the planning, design, and construction of landscaped projects. 13. Developer shall submit a revised master development plan report, after City Council approval, listing all conditions of approval and waivers. 14. Permitted uses, prohibited uses, restricted uses, limited uses, and property development standards shall be as approved by this application. In the case of a conflict between the approved uses and property development standards and City ordinances, unless specifically approved as a waiver, the most restrictive shall prevail. 15. Applicant shall comply with the turf limits in Section 19.9.2.G.4.d of the Development Code. 16. Applicant shall provide an overall landscape plan for the Black Mountain Industrial Center to include a minimum of 15 percent of landscaping to comply with Waiver 4. 17. Allow personal improvement services and CC district uses only on APN:178-11-401-005. 18. Waivers "a" and "c" of the original approval for the Black Mountain Industrial Center master plan do not apply to APNs 178-11-412-003, 178- 11-710-003, and 178-11-810-001. WAIVERS a. Existing facilities and uses prior to this rezoning shall be grandfathered. b. To permit retail sales as a primary use on a site having a freestanding structure containing a minimum gross floor area of 25,000 square feet. Retail sales as a primary use shall be limited to a maximum of two uses and any single user must contain a minimum of 10,000 square feet. Retail sales shall be permitted as a secondary use however, the retail sales use as a secondary use shall not exceed 30 percent of the gross floor area of the structure. Retail sales as a secondary use exceeding 30 percent of the gross floor area shall be subject to approval of a separate conditional use permit. The intent of this waiver is to allow for retail sales in conjunction with a manufacturing, warehousing operation or freestanding retail use. c. Business and professional offices shall be permitted as a primary or secondary use on a site that has a structure containing less than 35,000 square feet of gross floor area. Business and professional offices shall be permitted as a secondary use in a structure between 35,000 square feet and 100,000 square feet. However, the business and professional office use shall not exceed 50 percent of the gross floor area of the structure. Business and professional offices shall be permitted as a secondary use in a structure containing more than 100,000 square feet. However, the business and professional office use shall not exceed 15 percent of the gross floor area of the structure. Henderson Planning Commission Meeting Page 33 March 14, 2013- DRAFT - Minutes d. Large-scale development of 100,000 square feet or more may provide a minimum of 9 percent site landscaping. The overall Black Mountain Industrial Center, to include streetscapes, will maintain a minimum of 15 percent site landscaping. e. In addition to those uses permitted by the City of Henderson Development Code in the IG (General Industrial) district, the following uses shall also be permitted within the Black Mountain Industrial Center (IG portions): 1. Automobile Laundry (car wash) 2. Bakery 3. Boat, aircraft, mobile home and recreational vehicle sales, assembly and building 4. Candy factory 5. Carbonated water sales 6. Catering establishments 7. Construction contractor's office and shop 8. Costume rental 9. Creamery 10. Diaper Service 11. Employment agency 12. Express office 13. Food products manufacture or processing, not otherwise listed 14. Fountain equipment and supply 15. Hospital and medical supplies 16. Motion picture production 17. Oil and water well surveying and servicing business 18. Pest extermination and control service 19. Taxidermist 20. Union hall f. Allow a 12-foot decorative perimeter wall for APN 178-11-710-002. g. Allow personal improvement services as a permitted use and CC (Community Commercial) uses, subject to Community Commercial approval criteria on APN: 178-11-401-005. (A2) h. Allow detached sidewalk on 60-foot wide street section, 80-foot wide street section and Warm Springs Road. (Added A5) i. Allow Brewery use with an amended definition and standards on the subject 49 acres of the overall master plan as approved through amendment A6. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Henderson Planning Commission Meeting Page 34 March 14, 2013- DRAFT - Minutes 18. PUBLIC HEARING ZCO-05-670061-A2 ZONE CHANGE AMENDMENT 04-09-13 EASTSIDE REDEVELOPMENT AREA APPLICANT: CITY OF HENDERSON REDEVELOPMENT AGENCY Amend a zone change to rezone from PS-MP (Public/Semipublic with Master Plan Overlay) and PS-MP-AE (Public/Semipublic with Master Plan and Airport Environs Overlay) to PS-MP-RD (Public/Semipublic with Master Plan and Redevelopment Overlay) and PS-MP-AE-RD (Public/Semipublic with Master Plan, Airport Environs, and Redevelopment Overlay) to apply the RD designation to 58 acres generally located east of US-95 and Stephanie Street, in the Eastside Redevelopment Area and Midway Planning Area. Eddie Dichter, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Chairman Campbell opened the public hearing at 7:52 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. 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. Henderson Planning Commission Meeting Page 35 March 14, 2013- DRAFT - Minutes E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. DEPARTMENT OF UTILITY SERVICES CONDITIONS 2. Applicant shall submit a utility plan and a utility analysis for Utilities' approval. 3. Applicant shall comply with the requirements of the master utility plan established for the project location. 4. Applicant may be required to provide a water and sewer system capacity analysis covering the overall water and sewer system providing service to the project, prior to submitting civil improvement plans to the City. Preparation of said capacity analysis shall be coordinated with the Department of Utility Services. 5. Applicant may be responsible for performing water and sewer system upgrades in accordance with the results of the system capacity analysis or, at a minimum, applicant shall be responsible for participating in a proportionate share of the costs to complete these system upgrades. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. 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: There was no business to be discussed. Henderson Planning Commission Meeting Page 36 March 14, 2013- DRAFT - Minutes X. ADJOURNMENT: There being no further business to come before the Commission, Chairman Campbell adjourned the meeting at 8:40 p.m. APPROVED:  Michael Campbell, Chairman