Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers April 11, 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 7:03 p.m. on April 11, 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 Scott Majewski, Principal Planner Sally Galati, Assistant City Attorney II Josh Reid, City Attorney Michael Tassi, Current Planning Manager Darlene Pekarek, Planning Commission Coordinator Nanci Bowen, Department Records Clerk Tedie Jackson, Minutes Clerk III. PLEDGE OF ALLEGIANCE: Chairman Campbell led those present in the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA: Commissioner Bochanis introduced a motion to accept the agenda as amended: Item 2 was pulled for discussion. Items 5 and 6 were continued to the May 16, 2013, Planning Commission meeting. Henderson Planning Commission Meeting Page 2 April 11, 2013- DRAFT - Minutes 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: Item 2 was pulled for discussion. 1. ADOPTION OF THE PLANNING COMMISSION FINAL MINUTES FOR MARCH 14, 2013 MEETING COMMUNITY DEVELOPMENT DEPARTMENT (Motion) Commissioner Bochanis 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. 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. This item was pulled for discussion. Lee Farris, 875 West Warm Springs Road, representing the applicant, gave a brief presentation and requested the Commission’s approval. Bill Curran, 100 City Parkway, Las Vegas, requested that Items 2 and 3 be heard simultaneously. It was the consensus of the Commission to hear Items 2 and 3 simultaneously. Henderson Planning Commission Meeting Page 3 April 11, 2013- DRAFT - Minutes (Motion) Commissioner Howell introduced a motion recommending final approval, subject to conditions. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study (update) for Public Works' approval. 3. In accordance with the Development Agreement, applicant shall dedicate rights-of-way and construct the required roadways per Public Works' requirements and standards listed within the Development Agreement. 4. 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 R/W. 5. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 6. Applicant shall dedicate and construct Pueblo Boulevard/Galleria Drive right-of-way per Public Works' requirements. Applicant shall obtain and provide all necessary permission/approvals from Nevada Energy Power. 7. 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). 8. Applicant shall comply with Standard Drawing No. 201.1, which refers to major intersections and dedicate any necessary R/W. 9. Nuisance water drains shall be required after 1,000 feet of surface street flow for public residential streets. 10. FHA Type B drainage shall be allowed only where lots drain directly to public drainage facilities, public parks, or golf courses. 11. Applicant shall show the limits of the flood zone and submit a letter of map revision to FEMA prior to the Shear and Tie inspection. DEPARTMENT OF UTILITY SERVICES CONDITIONS 12. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 13. Applicant shall comply with the requirements of the master utility plan established for the project area. 14. 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. 15. Applicant shall be responsible for all necessary water and sewer infrastructure in order to obtain service for Phase I. Henderson Planning Commission Meeting Page 4 April 11, 2013- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 16. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by the Cadence Development Agreement, Cadence Development Standards, and 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. 17. Approval of this neighborhood tentative map for 28 lots shall be for a period of four years from the effective date of approval. 18. 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. 19. 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). 20. Final landscape plans will be required to be submitted by the developer and approved by Community Development prior to approval of Civil Improvement Plans for the subject portion of roadway as included on this map and the Roadway Landscape Master Plan. Review of each landscape plan to be completed through a Design Review application. 21. Future subdivisions must be consistent with this map and Parent Tentative Map (TMA-12-500306). 22. If there are conflicts between the City Department standard conditions of approval and the Cadence Development Agreement, the Development Agreement shall supersede the standard conditions. 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: 3. CONTINUED PUBLIC HEARING 05/07/13 VAC-13-500042 VACATION 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. Items 2 and 3 were heard simultaneously. Henderson Planning Commission Meeting Page 5 April 11, 2013- DRAFT - Minutes Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Commissioner Stewart disclosed that he had a business relationship with the Basic Management and Landwell Corporation from 1993 – 2003. Eddie Dichter, Principal Planner, gave a presentation on the proposed item and referenced memoranda which detail additional exhibits and gives a summary of a recently-held neighborhood meeting. Lee Farris, 875 West Warm Springs Road, representing the applicant, concurred with staff’s recommendation of approval. Chairman Campbell opened the public hearing at 7:20 p.m., asking if there was anyone present wishing to speak for or against this item. Bill Curran and Michael McNerny, 100 City Parkway, Las Vegas, Nevada, representing the Tuscany Homeowners’ Association, gave a presentation to the Commission and stated they are opposed to the proposed item as the notice was improper and did not communicate that Mohawk Drive would be vacated. Bill Robertson, 1041 Via Prato Lane; Richard Munoz, 1047 Via Nandina Place; Dennis Lancaster, 1074 Via Saint Lucia Place; Todd Ray, 1059 Via Saint Andrea Place; Patrick Newcomb, 1073 Via Prato Lane; Stanley Merrit, 985 Via Tanale Drive; Marguerite Kramer, 221 Via Mezza Luna Court; Meryl Reyman, 1012 Olivia Parkway; Rosa Castro, 521 Via del Capitano Court; Al De Genova, 661 Viale Machiavelli Lane; Ronald Rulof, 2950 Sunridge Parkway; Dana Burnett, 209 Via Franciosa Drive; David Kniffin, 977 Via Stellado Street; Jerry Ampersin, 1028 Via Latina; Tanya Fanestill, 993 Via Canale Drive; Laura Valinari,1256 Olivia Parkway; Jim Batcheller, 225 Via Franciosa Drive; Vesco Dinav, 1240 Olivia Parkway; Annabelle Vicevacher, 501 Via Strato Avenue; Ray Chavarria, 1044 Via Canale Drive; and Karen Simms, 588 Via Como Avenue; voiced their opposition to the proposed item. Areas of concern included: the location of a gated, private, adult community directly in front of the Tuscany entrance; vacation of the primary access to the community; increased-emergency response times; safety; impact to nearby businesses and golf course; traffic; and access. Don Sherer, 985 Sable Chase Place, stated he has concerns about increased traffic and is in favor of Option 8. There being no else wishing to speak, the public hearing was closed at 8:24 p.m. A discussion ensued between the Commissioners and the City Attorney regarding the issues of law and the standards that the Planning Commission should base their decision on. Commissioner Mansfield commented that he has to consider the community as a whole. Henderson Planning Commission Meeting Page 6 April 11, 2013- DRAFT - Minutes Responding to Commissioner Howell’s inquiry regarding the impact to emergency response concerns, Lyn Nielson, Community Development and Services, said he does not know how the response times would increase or impact the community. Responding to Commissioner Stewart’s request, Mr. Farris detailed the timeline for the completion of Galleria Drive. Responding to Commissioner Bochanis’ question regarding whether the vacation would cause a material injury to the public, Lindsay Vukanovich, Henderson Police Department, said response times differ due to the varying locations of individual officers. She also noted that the vacation could cause the police department to reconfigure which station provides coverage to the subject area resulting in a decrease in response times. At Commissioner Howell’s request, Mr. Farris gave a brief history of the dedication of Mohawk Drive to the City of Henderson in 2003. Commissioner Bochanis commented that he cannot support this item due to the fact that the fire department has not provided an opinion as to whether or not the proposed alternate routes create a material injury to the public. He added that he hopes this issue is more fully developed by the time the item goes before the City Council. Commissioner Belingheri commented that he appreciates the Tuscany residents’ attendance today. Mr. Farris commented that the Henderson Fire Department has been involved in many discussions regarding various issues and concerns, including the first amendment the various alternate options, and each application was reviewed by the fire department in great detail and no conditions have been applied in the staff report. Mr. Nielson clarified that Option 8 has not been reviewed and evaluated by the fire department. Mr. Curran stated that as of this week the traffic study has not been completed and not available for review. Mr. Farris responded that the master traffic study was completed and an approval letter was received approximately two weeks ago. John Penuelas, City Traffic Engineer, clarified that the traffic impact analysis has been completed and approved. He further stated that the internal analysis that was completed and included the vacation of Mohawk Drive did not adversely impact the levels of service on surrounding roadways. Responding to Chairman Campbell’s question regarding Option 8, Mr. Penuelas said he has reviewed half of Option 8, but his initial feeling is that it is the better alternative. Henderson Planning Commission Meeting Page 7 April 11, 2013- DRAFT - Minutes Responding to a question by Commissioner Belingheri regarding Landwell’s commitment to the completion of Galleria Drive, Mark Paris, 875 West Warm Springs Road, stated that Landwell will live up to the agreement that they have with the City of Henderson as it relates to the development agreement. Josh Reid, City Attorney, clarified that under the existing development agreement, Landwell is required to complete Galleria Drive; however, it would only be a two-lane road. Commissioner Howell commented that they have received a lot of letters and emails from Weston Hills residents who are in favor of the realignment. Commissioner Mansfield commented that he feels the situation is closer than it was; however, it is not there yet. (Motion) Commissioner Mansfield introduced a motion recommending denial. The vote favoring denial was: Those voting aye: Bochanis, Campbell, Fellows, Mansfield, and Stewart. Those voting nay: Belingheri and Howell. Those absent: None. Those abstaining: None. Chairman Campbell declared the motion carried. Note: A brief recess was taken at this time. 4. CONTINUED PUBLIC HEARING 05/07/13 VAC-12-500280 VACATION GIBSON PLAZA APPLICANT: D. R. Horton, Inc. Petition to vacate public right-of-way, municipal utility easements, public utility easements, and public drainage easements in the Northeast Quarter of Section 10, Township 22 South, Range 62, East, M.D.M. generally located southwest of Gibson Road and Warm Springs Road, in the Gibson Springs Planning Area. Scott Majewksi, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Kirby Adams, 5740 South Arville Street, Las Vegas, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 9:17 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Henderson Planning Commission Meeting Page 8 April 11, 2013- DRAFT - Minutes (Motion) Commissioner Bochanis 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. Reserve easements to Southwest Gas Corporation. DEPARTMENT OF UTILITY SERVICES CONDITIONS 4. Vacation shall not occur until such time as the existing utility is abandoned and the new line is in place and accepted, with all appropriate easements granted and/or rights-of-way being dedicated. 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. 5. CONTINUED PUBLIC HEARING A)CPA-13-500006 COMPREHENSIVE PLAN AMENDMENT 05/07/13 B)ZCA-06-660020-A7 ZONE CHANGE AMENDMENT 05/07/13 C)TMA-13-500008 TENTATIVE MAP 05/07/13 D)TMA-13-500009 TENTATIVE MAP 05/07/13 E) TMA-13-500010 TENTATIVE MAP 05/07/13 F) TMA-13-500011 TENTATIVE MAP 05/07/13 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; Henderson Planning Commission Meeting Page 9 April 11, 2013- DRAFT - Minutes 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 May 16, 2013, Planning Commission meeting. 6. CONTINUED 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 May 16, 2013, Planning Commission meeting. 7. CONTINUED PUBLIC HEARING CUP-12-500324 CONDITIONAL USE PERMIT FINAL TAVERN AT WIGWAM AND 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. Scott Majewksi, Principal Planner, read a summary of the proposed item and stated staff recommends denial. Lyle Brennan, 1549 Foothills Village Drive, representing the applicant, gave a presentation and concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 9:20 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Henderson Planning Commission Meeting Page 10 April 11, 2013- DRAFT - Minutes Marvin Jensen, 2744 West Shady Hollow Loop, Lehi, Utah, representing RC Willey, stated they are opposed to the proposed item due to incompatibility with the shopping center and surrounding area and the proliferation of taverns in the area. John Marchiano, 218 Lead Street, representing the M Resort and Station Casinos, said he would like to continue the item to allow for him to meet with the applicant. Mr. Marchiano also submitted into the record the following items: A transcript of the April 9, 2013, City Council meeting; a transcript from the March 19, 2013, City Council meeting; and a transcript of the January 13, 2013, Planning Commission meeting. (The aforementioned items were never presented to staff by Mr. Marchiano.) Veronica Fuentes, 12300 Las Vegas Boulevard South, Las Vegas, representing the M Resort, stated the applicant is not in compliance and should not be allowed to operate. There being no one else wishing to speak, the public hearing was closed at 9:28 p.m. Responding to a question by Chairman Campbell regarding the continuance of this item, Josh Reid, City Attorney, said there is no legal authority to hold this item and not hear it. However, if the applicant would like to continue the item, then a continuance would be fine. Further discussion ensued regarding a continuance on the item. Mr. Brennan indicated he would like to move forward with the item and would not like a continuance. Commissioner Stewart disclosed that he had a business relationship with Landwell Corporation. Discussion ensued regarding the tavern separation waiver request, as previously-approved applications for two taverns and one brew pub have had no onsite construction nor have any building permits been pulled to date. (Motion) Commissioner Belingheri introduced a motion recommending final denial. The vote favoring final denial 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 11 April 11, 2013- DRAFT - Minutes VII. NEW BUSINESS: 8. PUBLIC HEARING A)CUP-10-540078-A2 CONDITIONAL USE PERMIT AMENDMENT FINAL B)DRA-10-550065-A2 DESIGN REVIEW AMENDMENT FINAL WIGWAM SKILLED NURSING FACILITY APPLICANT: Tower Realty & Development, LLC A) Amend a conditional use permit for a skilled nursing facility to increase the bed count to 127 and increase the building square footage to 59,550; and B) Amend a design review to review a 127-bed skilled nursing facility; on 2.1 acres generally located approximately 320 feet southeast of the intersection of South Eastern Avenue and Wigwam Parkway, in the Green Valley South Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Pat Klink, 701 Bridger Street, Suite 400, Las Vegas, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 9:37 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. CUP-10-540078-A2 (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. Henderson Planning Commission Meeting Page 12 April 11, 2013- DRAFT - Minutes 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. Applicant shall comply with all conditions of approval for DRA-10-550065- A2. 4. This conditional use permit for a Skilled Nursing Facility shall lapse on March 15, 2014, unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 5. The maximum building height permitted is 39 feet 2 inches. 6. Any vehicles transmitting non-emergent patients to and from the facility shall not use any emergency lights or sirens. 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. DRA-10-550065-A2 (Motion) Commissioner Fellows introduced a motion recommending final approval, subject to findings of fact, conditions, and waivers. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study for Public Works' approval. 3. Commercial driveways shall be dedicated and constructed per Clark County Area Standard Drawings No. 225 and 226 and dedicate any necessary right-of-way. Henderson Planning Commission Meeting Page 13 April 11, 2013- DRAFT - Minutes 4. 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. 5. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 6. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. (A2) 7. Applicant shall submit new Civil Improvement Plans per Public Works' requirements. (A2) 8. Access driveways must be dedicated per Public Works' requirements and constructed per Clark County Area Standard Drawing No 222.1. (A2) 9. Entitlements must be approved and drainage study and traffic study approved, prior to submitting Civil Improvement Plans. (A2) DEPARTMENT OF UTILITY SERVICES CONDITIONS 10. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 11. Applicant shall comply with the requirements of the master utility plan established for the project area. 12. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 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 14 April 11, 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. Applicant shall obtain a Fire Department permit for the installation of a med gas system and the diesel fuel storage tank prior to engaging in a hazardous activity or use. 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. Applicant shall comply with all conditions of approval for CUP-10-540078- A2. Henderson Planning Commission Meeting Page 15 April 11, 2013- DRAFT - Minutes 29. All parking spaces required by Section 19.7.4 (and relevant subsections of 19.5) of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. 30. 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). 31. Applicant shall paint the medical gas enclosure vented louvers to match the primary building. WAIVERS a. To allow for a five-foot wide buffer along the east property line. b. To eliminate the buffer requirement along the south property line. 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. 9. PUBLIC HEARING CUP-13-500064 CONDITIONAL USE PERMIT FINAL CLASSIC CARS "MY HOT CARS OF LAS VEGAS" APPLICANT: Wayne Diaz Vehicle Sales (Used Classic Cars) located at 580 Parkson Road, in the Midway and Eastside Redevelopment Planning Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Wayne Diaz, 11780 Cayon Brook, Las Vegas, and Brad and Trinis Casabian, 210 Priority Point, Henderson; representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 9:39 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Henderson Planning Commission Meeting Page 16 April 11, 2013- DRAFT - Minutes (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. 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 indoor used vehicle sales shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. The applicant must comply with all standards for used vehicle sales outlined in Section 19.5.5.HH.12(b). 5. Applicant shall comply with all conditions of approval for ZCO-01-000728- A1 (Sunset Parkson Plaza). Henderson Planning Commission Meeting Page 17 April 11, 2013- DRAFT - Minutes 6. 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. 7. Exterior/outdoor display of vehicles for sale is prohibited per Section 19.5.5.HH.12(b)(2)iii 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. 10. PUBLIC HEARING CUP-13-500071 CONDITIONAL USE PERMIT FINAL BEACH HUT DELI APPLICANT: BHD LAS VEGAS, LLC Live Entertainment (live acoustic acts, 3-4 piece bands, comedians, and DJ's) indoors within an existing Eating Establishment located at 9500 S. Eastern Avenue, #180, in the Westgate Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Steve Zellers, 251 South Green Valley Drive, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 9:40 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Mansfield introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). B. The proposed use complies with all applicable provisions of the Development Code. Henderson Planning Commission Meeting Page 18 April 11, 2013- DRAFT - Minutes C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. This conditional use permit for live entertainment indoors shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. Applicant shall comply with all conditions of approval for ZCO-04-670044 (Eastern Silverado) and any amendments thereto. 5. Applicant must comply with HMC 8.84 and 19.7.8.G (Noise). 6. Live entertainment shall occur indoors only and cease by 11:00 p.m. 7. No outdoor speakers are permitted for the live entertainment. 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 19 April 11, 2013- DRAFT - Minutes 11. PUBLIC HEARING CUP-13-500078 CONDITIONAL USE PERMIT FINAL WHISKEY DICK'S APPLICANT: CBRE A tavern located at 721 Mall Ring Circle, in the Whitney Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Bob Miller, no address given, representing the property owner, concurred with staff’s recommendation. He also noted that the name will be “Sauce, an Italian/American Bistro” and not “Whiskey Dick’s”. Chairman Campbell opened the public hearing at 9:42 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (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 20 April 11, 2013- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. This conditional use permit for a tavern shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. 4. Applicant will be required to replace any dead or missing landscaping on- site prior to certificate of occupancy. 5. The approval of a use permit for a tavern is not a guarantee that a liquor license for a tavern will be issued. 6. Applicant shall comply with all conditions of approval for AR-201-98. 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. 12. PUBLIC HEARING VAC-13-500053 VACATION 05/07/13 DEEPWATER APPLICANT: Pardee Homes of Nevada Petition to vacate Deepwater Street and a portion of Aurora Drive (formerly Leslie Lane) in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located southeast of 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. Kirby Adams, 5740 South Arville Street, Las Vegas, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 9:42 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Bochanis introduced a motion recommending approval, subject to conditions. Henderson Planning Commission Meeting Page 21 April 11, 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. Certification by the City Surveyor. 3. Applicant shall construct driveable access along Gibson Road to Aurora, prior to recordation of vacation. 4. Applicant shall submit a drainage study (update) for Public Works' approval. 5. Vacation 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. 13. PUBLIC HEARING VAC-13-500072 VACATION 05/07/13 FIRESTONE – HORIZON RIDGE & ARROYO GRANDE APPLICANT: Bridgestone Retail Operations Petition to vacate a driveway along Arroyo Grande Boulevard in the Southeast Quarter of Section 21, Township 22 South, Range 62 East, M.D.M., generally located east of Horizon Ridge Parkway and Arroyo Grande Boulevard, in the Green Valley Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Barbara Baird, 209 South Stephanie Street, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 9:44 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Belingheri introduced a motion recommending approval, subject to conditions. Henderson Planning Commission Meeting Page 22 April 11, 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. Certification by the City Surveyor. 3. New driveway access to be dedicated and constructed prior to vacation recordation. 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. 14. PUBLIC HEARING VAC-13-500073 VACATION 05/07/13 BRUNER AVENUE & EXECUTIVE AIRPORT DRIVE APPLICANT: City of Henderson Petition to vacate portions of Bruner Avenue and Executive Airport Drive in the Northeast Quarter of Section 10, Township 23 South, Range 61 East, M.D.M., generally located south of St. Rose Parkway and Executive Airport Drive, in the West Henderson Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Robert Herr, Public Works, representing the applicant, concurred with staff’s recommendation. Chairman Campbell opened the public hearing at 9:45 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 Howell introduced a motion recommending approval, subject to conditions. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. Henderson Planning Commission Meeting Page 23 April 11, 2013- DRAFT - Minutes 2. Certification by the City Surveyor. 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. 15. PUBLIC HEARING CUP-11-500218-A1 CONDITIONAL USE PERMIT AMENDMENT FINAL CONESTOGA MINI-STORAGE APPLICANT: St. Charles Tower Amend the location of an external array on an approved Wireless Communications Tower (65-foot-high multi-user monopole), located at 550 Conestoga Way, in the Mission Hills Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends denial. He noted that an alternate recommendation is available should the Commission decide to approve the item. Commissioner Howell abstained from voting on this item due to a business relationship with the applicant. John Vornsand, 62 Swan Circle, representing the applicant, gave a presentation, and requested the Commission’s approval. Chairman Campbell opened the public hearing at 9:48 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. Responding to questions by Chairman Campbell regarding the external array antennae, Mr. Vorsand said they stick out three feet on each side of the pole. The applicant explained that the equipment is required due to the carrier’s needs. Commissioner Mansfield commented that as this new technology is being developed other applicants may be seeking the same type of equipment, which could result in three sets of equipment on one pole. He added that it will be hard to deny one carrier when it has already been approved for a previous carrier. Commissioner Fellows commented that based on the coverage area and given the importance of cellular service to members of the community as a primary means of communication, he supports the alternative recommendation. Henderson Planning Commission Meeting Page 24 April 11, 2013- DRAFT - Minutes (Motion) Commissioner Fellows introduced a motion recommending final approval of the alternative recommendation, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall obtain all necessary WAPA and NV Energy approvals. 3. Applicant shall provide paved access to site. 4. Applicant shall provide documentation of access rights to cell site. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 5. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 6. This conditional use permit to revise the location of the external-mounted antenna array from 53 feet to 61 feet at centerline on an approved Wireless Communications Tower (65-foot-high multi-user monopole) shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. (A1) 7. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). Henderson Planning Commission Meeting Page 25 April 11, 2013- DRAFT - Minutes 8. Applicant shall provide the GPS coordinates of the tower facility upon submittal of an application for a building permit. 9. The monopole tower shall provide for internal collocation of at least three additional carriers. 10. The equipment shelter and any related antennas shall not exceed the height of the block wall; or the equipment shelter shall be covered in stucco and painted to match color of the decorative block wall. 11. The tower shall be painted to match existing nearby power line towers. 12. If the approved tower is built, the previous approval, CUP-10-540042, shall be expunged. 13. All cables and related equipment, with the exception of the one set of platform-mounted array, shall be located internal to the tower. (A1) The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Campbell, Fellows, Mansfield, and Stewart. Those voting Nay: None. Those absent: None. Those abstaining: Howell. Chairman Campbell declared the motion carried. VIII. PUBLIC COMMENT: There were no comments presented by the public. IX. DIRECTOR'S/CHAIRMAN'S BUSINESS: Chairman Campbell welcomed Sally Galati, Assistant City Attorney II. X. ADJOURNMENT: There being no further business to come before the Commission, Chairman Campbell adjourned the meeting at 9:55 p.m. APPROVED:  Michael Campbell, Chairman