Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers June 13, 2013 City Hall, 240 Water Street Henderson, Nevada 89015 I. CALL TO ORDER Vice-Chairman Belingheri called the meeting of the Henderson Planning Commission to order at 7:00 p.m. on June 13, 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: Vice-Chairman Joe Belingheri Commissioner George T. Bochanis Commissioner Sean Fellows Commissioner Todd Howell Commissioner Jerry Mansfield EXCUSED: Chairman Michael Campbell Commissioner John Stewart COUNCIL REP: None STAFF: Tracy Foutz, Acting Dir. of Community Development and Services Scott Majewski, Principal Planner Michael Tassi, Planning Manager Sally Golati, Assistant City Attorney I Darlene Pekarek, Planning Commission Coordinator Nanci Bowen, Department Records Clerk April Parra, Minutes Clerk III. PLEDGE OF ALLEGIANCE: Vice-Chairman Belingheri led those present in the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA: Commissioner Mansfield introduced a motion to accept the agenda as amended: Item 5 was withdrawn at the request of the applicant. Items 6, 14, and 17 were continued to the July 11, 2013, Planning Commission meeting. Henderson Planning Commission Meeting Page 2 June 13, 2013- DRAFT - Minutes Item 15 was continued indefinitely. The motion was approved unanimously. After voting, Vice-Chairman Belingheri 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 and Services Department. 1. REGIONAL TRANSPORTATION COMMISSION PRESENTATION Presentation by the Regional Transportation Commission of Southern Nevada (RTC) on the “Complete Streets Design Guidelines for Livable Communities”. The Design Guidelines contain policy guidance and design concepts on developing complete streets for our community. Mike Cannon and Raymond Hess, Regional Transportation Commission, gave a PowerPoint presentation entitled “Complete Streets Design Guidelines for Livable Communities”. Responding to a question by Commissioner Bochanis regarding if the guidelines will result in more one-way streets, Mr. Cannon said no. Responding to a question by Vice-Chairman Belingheri regarding if the plan encourages having sidewalks on both sides of the street, Mr. Cannon said yes, it does. V. CONSENT AGENDA: Vice-Chairman Belingheri introduced the Consent Agenda offering anyone present an opportunity to remove any items for discussion. 2. ADOPTION OF THE PLANNING COMMISSION FINAL MEETING MINUTES FOR MAY 16, 2013 (Motion) Commissioner Howell introduced a motion recommending final approval. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 3 June 13, 2013- DRAFT - Minutes 3. TMA-05-620066-A1 TENTATIVE MAP AMENDMENT FINAL HORIZON 10 APPLICANT: Pardee Homes of Nevada Amend a tentative map to connect Horizon 10 and Horizon Terrace with Twilight Peak Court by revising the street layout of Twilight Peak Court and changing lots sizes of Lots 16 through 21, generally located south of Horizon Ridge Parkway and east of Stephanie Street, in the McCullough Hills Planning Area. (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. 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 Final Map. 4. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 5. Applicant shall revise new Civil Improvement Plans per Public Works' requirements. DEPARTMENT OF UTILITY SERVICES CONDITIONS 6. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 7. Applicant shall comply with the requirements of the master utility plan established for the project area. 8. 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. 9. Vacation of easement may not occur until after dedication of right-of-way. Henderson Planning Commission Meeting Page 4 June 13, 2013- DRAFT - Minutes COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 10. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 11. Approval of this 50-lot (45 single-family and 5 common) tentative map shall be for a period of two years from the effective date of approval. (A-1) 12. Applicant shall comply with all conditions of approval for ZCO-05-670072. 13. 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. 14. Prior to issuance of a building permit for homes, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Homeowners Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. 4. ZCA-06-660034-E3 ZONE CHANGE EXTENSION OF TIME 07-02-13 RAVELLO LANDING APPLICANT: Ishwinder Brara An extension of time for a zone change from R-U (Rural Open Land - Clark County) to CM-H-PUD (Mixed-Use Commercial with Hillside and Planned Unit Development Overlays) for a mixed-use development on 31 acres, generally located along East Galleria Drive, west of Lake Las Vegas Parkway and north of the Calico Ridge subdivision, in the Calico Ridge Planning Area. (Motion) Commissioner Howell 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. Henderson Planning Commission Meeting Page 5 June 13, 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 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 to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. 4. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 5. Applicant shall revert and/or merge acreage of existing parcels per Public Works' approval and provide proof of completed mapping prior to issuance of a certificate of occupancy. 6. Applicant shall dedicate right-of-way per Public Works' requirements within 90 days of approval. 7. Applicant must apply for and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works' requirements and provide proof of vacation prior to issuance of a certificate of occupancy. 8. Applicant shall comply with all conditions of the Hillside Development Code. Henderson Planning Commission Meeting Page 6 June 13, 2013- DRAFT - Minutes 9. If applicant receives City Council approval, the offsite improvements on Galleria Drive must be completed within nine months of entitlement approval. 10. Applicant shall construct a 2-lane, 32-foot-wide access road pursuant to Public Works specifications; the limits of which shall be determined by the traffic impact analysis. DEPARTMENT OF UTILITY SERVICES CONDITIONS 11. Applicant shall comply with the requirements of the master utility plan established for the project area. 12. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 13. Applicant shall establish separate water and sewer service for each use classification in accordance with the Department of Utility Services' requirements. 14. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 15. Applicant shall have an accepted water and sewer master plan prior to submittal of civil improvement plans. 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. 16. 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. 17. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 18. 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. 19. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 20. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 21. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 22. Applicant shall install an approved sprinkler system in all buildings/homes as per the Hillside Ordinance. Henderson Planning Commission Meeting Page 7 June 13, 2013- DRAFT - Minutes 23. Applicant shall obtain an approved fire and life safety report prior to submitting for building permits. Henderson Planning Commission Meeting Page 8 June 13, 2013- DRAFT - Minutes 24. Architectural features and landscaping shall not encroach into or obstruct fire apparatus access roads. Landscaping between the apparatus access roads and structures shall be selected and maintained so as to not impede Fire Department aerial ladders or aerial operations. 25. Fire Department approval is based on the design drawings, site plans, and other documents as submitted as part of this application. Any subsequent revisions shall be approved by the Fire Department. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 26. 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. 27. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. This resolution of intent shall expire April 17, 2015, unless all conditions have been met or an extension of time has been approved. (E-3) 34. Prior to issuance of a building permit for buildings, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Property Owner's Association, Homeowner's Association, and/or Landscape Maintenance Association) Henderson Planning Commission Meeting Page 9 June 13, 2013- DRAFT - Minutes articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). 35. All parking spaces required by Section 19.10.1 of the Development Code must be free, unfettered, and permanently available to all users. They must also be permanently marked and 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. 36. A design review approved by Planning Commission prior to issuance of a building permit for each individual building. (E-3) 37. A phasing plan must be approved as part of the first design review application. 38. A grading permit may not be issued until the first design review and phasing plan are approved. 39. All development shall be in substantial compliance with all exhibits, documents, design guidelines, colors enhancements, architecture, and fenestrations submitted as part of this application. 40. Approval letter from the Ravello Architectural Design Review Committee will be required to be submitted as part of any design review application. 41. The first phase of the development shall include a mix of residential and commercial. 42. Ensure that residents have free access to fitness, pool, and spa amenities in regards to the Hotel and Spa and the Town Center. 43. Applicant, prior to or concurrently with any application for a grading permit, to obtain City Council approval of a development agreement, which will determine applicant's proportionate share of infrastructure in the subject area. 44. This will be the last extension of time that will be supported unless the applicant can demonstrate substantial progress to diligently pursue construction of the project. (E-3) PARKS AND RECREATION DEPARTMENT CONDITIONS 45. Applicant shall provide a trail corridor with a 10-foot asphalt trail and 5-foot equestrian trail along East Galleria Drive. The trail corridor width, landscape, lighting and irrigation per City of Henderson Parks Standards. All landscape is to be constructed in the first phase of development construction. 46. Applicant shall donate developed open space parkland or the equivalent contribution at 5.25 acres per 1,000 population. (Du x 2.77 / 1000 x 5.25 = acres of land required.) 47. City-maintained parks must be 10 acres minimum with the exception of parks that adjoin schools, which may be 5-acre parks where the school is 10 acres or larger. Parks smaller than the minimum must be privately maintained or approved by the Parks and Recreation Department. Henderson Planning Commission Meeting Page 10 June 13, 2013- DRAFT - Minutes 48. Applicant to complete park agreement prior to Civil Improvement Plan approvals. 49. The final location and method of the pedestrian trail access linking the south side of Galleria Drive to the north side of Galleria Drive shall be determined as part of the Parks Agreement. WAIVERS a. Allow building heights to exceed the 35-foot height limit. b. Allow the maximum height of a vertical cut and fill to exceed 35 feet (max 66') and the maximum length of a vertical cut and fill to exceed 150 feet. c. Not require a perimeter landscape buffer. d. Allow a minimum building setback from the east property line of 65 feet for Building G and 41 feet for Building H. e. Allow modified private internal street sections per exhibits. f. Allow rockery retaining walls to have a height of 14 feet (12 feet exposed) and a 12-foot offset between walls. g. Allow 170 feet from intersection to intersection between align 'C' and align 'D'. h. Allow a 10-foot pedestrian and a 5-foot equestrian trail in lieu of a 5-foot sidewalk within the Galleria right-of-way. i. Not require a 6-foot-tall wall adjacent to the east property line. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. VI. UNFINISHED BUSINESS: 5. CONTINUED PUBLIC HEARING A) CUP-07-540091-A1 CONDITIONAL USE PERMIT AMENDMENT B) DRA-12-500426 DESIGN REVIEW TAVERN @ EASTERN & 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 withdrawn by the applicant. Henderson Planning Commission Meeting Page 11 June 13, 2013- DRAFT - Minutes 6. CONTINUED PUBLIC HEARING A) DRA-13-500133 DESIGN REVIEW FINAL B) TMA-13-500132 TENTATIVE MAP FINAL AVENTINE APPLICANT: Lennar Homes A) Review of a residential subdivision and request for waivers from the Development Code; and B) A 157-lot (141 single-family 16 common) residential tentative map; on 33.4 acres located southwest of Pecos Ridge Parkway approximately 1,900 feet west of Eastern Avenue, in the Westgate Planning Area. This item was continued to the July 11, 2013, Planning Commission meeting. VII. NEW BUSINESS: 7. PUBLIC HEARING VAC-13-500175 VACATION 07-02-13 HORIZON 10 APPLICANT: Pardee Homes of Nevada Petition to vacate portions of the non-exclusive use / utility easements (NUE) within Twilight Peak Court (private street) and Common Element “E” in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located south of Horizon Ridge Parkway and east of Gibson Road, in the McCullough Hills Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Gia Nguyen, 1555 South Rainbow Boulevard, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Belingheri opened the public hearing at 7:13 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 12 June 13, 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. Vacation map shall record concurrently with Final Map (amended). The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. 8. PUBLIC HEARING VAC-13-500195 VACATION 07-02-13 NORTHEAST CORNER GIBSON AND HORIZON RIDGE APPLICANT: Ryland Homes Petition to vacate municipal utility easements (M.U.E.s) and public access easements for Horizon 88, Unit 2, in the Northwest Quarter of Section 23, Township 22 South, Range 62 East, M.D.M., generally located northeast of Gibson Road and Horizon Ridge Parkway, in the McCullough Hills Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Chris Thompson, 3281 South Highland Drive, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Belingheri opened the public hearing at 7:14 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. Henderson Planning Commission Meeting Page 13 June 13, 2013- DRAFT - Minutes 2. Certification by the City Surveyor. 3. Vacation map shall record concurrently with Final Map. 4. Right-of-way must be dedicated concurrent with vacating M.U.E. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. 9. PUBLIC HEARING A) CUP-13-500199 CONDITIONAL USE PERMIT FINAL B) CUP-13-500204 CONDITIONAL USE PERMIT FINAL THE DEN HOOKAH LOUNGE APPLICANT: The Den Hookah Lounge A) A Hookah Lounge; and B) Live Entertainment (DJ) in conjunction with a Hookah Lounge; located at 1205 West Sunset Road, Suite 160, in the Whitney Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Matthew Church, 1205 West Sunset Road, representing the applicant, concurred with staff’s recommendation. He also requested that the Commission allow the lounge to be open until 2:00 a.m. on Fridays. Vice-Chairman Belingheri opened the public hearing at 7:16 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. A discussion ensued regarding ways the applicant can alleviate complaints by nearby residents and calls for service to the Henderson Police Department. Mr. Church assured the Commission that he would hire security to patrol the parking lot for underage drinking and other concerns. Office Mike Metger, 223 Lead Street, detailed the calls for service that the Henderson Police Department has received from residents regarding the Den Hookah Lounge. Commissioner Howell commented that upon review of the record provided by the police department, it appears conditions at the location are improving. Commissioner Bochanis said he would rather give the applicant approval for one weekend night until 2:00 a.m., with a DJ, for 60 or 90 days to see what happens. Henderson Planning Commission Meeting Page 14 June 13, 2013- DRAFT - Minutes CUP-13-500199 (Motion) Commissioner Bochanis introduced a motion recommending final approval, subject to findings of fact and conditions, with amended conditions as follows: Condition 4, the permit shall lapse after 120 days instead of eight months; Condition 5, hours of operation will be 4:00 p.m. to 12:00 a.m. Sunday through Thursday and Saturday, and 4:00 p.m. to 2:00 a.m. on Friday; and Condition 10 shall read “No customers may be within the business after 12:00 midnight, Sunday through Thursday and Saturday, and after 2:00 a.m. on Friday.” 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. 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 check with Building Department to verify whether or not a change of occupancy (use) permit will be required. Henderson Planning Commission Meeting Page 15 June 13, 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. This conditional use permit for a hookah lounge shall lapse 8 months 120 days from the effective date of approval, at which time the applicant must appear before Planning Commission for an amendment of this application for review and report. Of key interest will be the number and nature of any incidents or disturbances reported. Amending the hours of operation may also be considered at that time. 5. The hookah lounge hours of operation are limited to 4:00 p.m. to 12:00 midnight, seven days a week. Sunday through Thursday and Saturday, and from 4:00 p.m. to 2:00 a.m. on Friday. 6. The sale of tobacco or hookah products is prohibited. 7. Live entertainment is not permitted without approval of a conditional use permit. 8. Applicant must comply with HMC 8.84 and 19.10.7.G (Noise). 9. Repeated violations of Municipal Code or these conditions of approval may result in staff or the Planning Commission beginning proceedings for revocation of this use permit. 10. No customers may be within the business after 12:00 midnight Sunday through Thursday and Saturday, and after 2:00 a.m. on Friday. 11. Applicant is responsible for security in parking lot. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. CUP-13-500204 (Motion) Commissioner Bochanis introduced a motion recommending final approval, subject to findings of fact and conditions, with the added condition that the DJ will be on premises on Fridays from 4:00 p.m. to 2:00 a.m. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. Henderson Planning Commission Meeting Page 16 June 13, 2013- DRAFT - Minutes D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS DEPARTMENT CONDITION 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 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 (DJ only) shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. An amendment to this application is required to add other forms of live entertainment. 4. Applicant must comply with HMC 8.84 and 19.10.7.G (Noise). 5. The hours of operation shall be as approved through CUP-13-500199. 6. Repeated violations of Municipal Code or these conditions of approval may result in staff or the Planning Commission beginning proceedings for revocation of this use permit. 7. DJ will be on premises on Fridays from 4:00 p.m. to 2:00 a.m. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 17 June 13, 2013- DRAFT - Minutes 10. PUBLIC HEARING A) CUP-13-500185 CONDITIONAL USE PERMIT FINAL B) DRA-13-500186 DESIGN REVIEW FINAL KFC APPLICANT: Looker & Capello A) Allow an Eating and Drinking Establishment with Drive-Through Service and a waiver to reduce the 500-foot distance separation requirement to residential for an outdoor speaker; and B) Review of a Restaurant with Drive-Through service; located at 1410 Horizon Ridge Parkway, in the Green Valley Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Sarah Koepnick, 5596 Victoria Regina Avenue, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Belingheri opened the public hearing at 7:35 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Commissioner Howell commented that he is glad to see more businesses coming to Henderson. CUP-13-500185 (Motion) Commissioner Howell introduced a motion recommending final approval, subject to findings of fact, conditions, and a waiver. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of 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. Henderson Planning Commission Meeting Page 18 June 13, 2013- DRAFT - Minutes 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 an Eating and Drinking Establishment with a Drive-Through 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. 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). WAIVER a. Reduce the required 500-foot separation for an outdoor speaker and public address system to a residential dwelling unit. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. DRA-13-500186 (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. Henderson Planning Commission Meeting Page 19 June 13, 2013- DRAFT - Minutes Henderson Planning Commission Meeting Page 20 June 13, 2013- DRAFT - Minutes 2. Applicant shall submit a traffic analysis update to address traffic concerns and to determine the proportionate share of this developments local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. 3. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 4. Applicant shall revise Civil Improvement Plans per Public Works' 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. 5. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 6. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 7. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational in accordance with the 2009 International Fire Code Section 1412 as amended. 8. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 9. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 10. 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. 11. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 12. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and Henderson Planning Commission Meeting Page 21 June 13, 2013- DRAFT - Minutes compliance with all additional items required to fulfill conditions of approval. Henderson Planning Commission Meeting Page 22 June 13, 2013- DRAFT - Minutes 13. 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. 14. 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. 15. 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. 16. 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. 17. Applicant shall comply with all conditions of approval for CUP-13-500185 and Z-55-98 and any related amendments. 18. 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. 19. 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. 20. 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). The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 23 June 13, 2013- DRAFT - Minutes 11. PUBLIC HEARING VAA-13-500184 VARIANCE FINAL ROECKS ATTACHED PATIO COVER APPLICANT: Craig Roecks Allow a 3-foot rear-yard setback where 5 feet is required for a patio cover located at 488 Grassrange Lane, in the Green Valley Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends denial. Craig Roecks, 488 Grassrange Lane, the applicant, gave a brief presentation on the proposed item and requested the Planning Commission’s approval. Vice-Chairman Belingheri opened the public hearing at 7:44 p.m., asking if there was anyone present wishing to speak for or against this item. Andrea Mulligan, 2521 Breezy Cove Avenue, commented if the proposed patio cover will improve the quality of life for Mr. Roeck’s wife, then the Commission should approve it. There being no one else wishing to speak, the public hearing was closed at 7:46 p.m. A discussion ensued regarding the shape and elevation of the lot as well as its unique characteristics. Commissioner Fellows concurred that the Mr. Roeck’s lot has topographical issues including the location, grade, and slope of the lot. (Motion) Commissioner Fellows introduced a motion recommending final approval, subject to findings of fact and conditions, with the added conditions as follows: The structure will be prohibited from having windows and heating/air conditioning installed; the patio shall not be converted to living space, and the maximum height for the patio cover shall be 12 feet. FINDINGS OF FACT A. 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. Henderson Planning Commission Meeting Page 24 June 13, 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 variance to reduce the rear-yard setback for a patio cover to 3 feet shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Sec. 19.6.9.C. 4. Structure will be prohibited from having windows and heating/air conditioning. 5. Patio shall not be converted to living space. 6. Maximum height for patio cover shall be 12 feet. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. 12. PUBLIC HEARING A) ZCA-08-660008-A2 ZONE CHANGE AMENDMENT 07-02-13 B) CUP-08-540074-A2 CONDITIONAL USE PERMIT AMENDMENT 07-02-13 CARNEGIE SENIOR LIVING APPLICANT: EDG LLC c/o Carnegie Senior Living A) Amend a zone change with PUD (Planned Unit Development) Overlay to revise the architecture and site plan; and B) Amend a conditional use permit for an Assisted Living and Skilled Nursing Facility to increase the number of beds from 85 to 221 and raise the height from 2 stories to 4 stories; generally located at the southwest corner of Carnegie Street and Kenneth Avenue, in the Green Valley Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends denial. Henderson Planning Commission Meeting Page 25 June 13, 2013- DRAFT - Minutes George Garcia, 1711 Whitney Mesa Drive, Suite 110; Howard Perleman, 178 Windjammer Court; and Ray Fredrickson, 5740 South Arville Road, Suite 216, Las Vegas, representing the applicant, gave a presentation on the proposed item and requested the Commission’s approval. Mr. Garcia also noted a typographical error in the landscape allowance and stated it should be $3,500.00. Vice-Chairman Belingheri opened the public hearing at 8:04 p.m., asking if there was anyone present wishing to speak for or against this item. Shari Kym 511, Jimijo Court; Phil Wakefield, 2360 Teton Ranch Avenue; and Michael Gozana, 2392 Kenneth Avenue; voiced their opposition to the proposed item. Areas of concerns included: increased traffic, safety, ingress and egress, noise, inadequate parking, size of the facility, and incompatibility. There being no one else wishing to speak, the public hearing was closed at 8:14 p.m. Mr. Garcia responded to the residents’ concerns regarding traffic stating that if the proposed project were a medical office, it would create much more traffic than what is being proposed. He also noted that the applicant is willing to assist the City with some temporary pavement on Carnegie Street, to the extent that is practical, in an effort to widen the street and alleviate congestion. Commissioner Bochanis said he thinks this is a great project and appreciates the design elements, but he is not sure that it is compatible at the location. A lengthy discussion ensued regarding parking. Commissioner Bochanis clarified with staff that the City of Henderson’s Development Code, which is derived from the American Planning Association, states that the parking requirement for this type of facility is one space per bed. It was noted that the applicant is basing their parking configuration on the Institute of Transportation Engineers (ITE) manual and local traffic analysis. Mr. Fredrickson detailed the way in which he conducted the traffic/parking study. Commissioner Howell stated that he researched parking studies for similar facilities across the country and was shocked at the low numbers. He said Seattle only requires one parking space for every four beds, and Pennsylvania and Illinois only require one space for every two beds. Commissioner Howell also noted that his research showed that traffic counts and parking counts actually decrease on the weekends. Commissioner Howell commended the applicant on the architecture of the proposed facility. A lengthy discussion ensued regarding the waiver for the reduction of the common open space and the applicant’s compensating benefit. Mr. Garcia said the extra space is going into interior amenities such as recreation centers, theater rooms, craft rooms, and other social gathering areas. Henderson Planning Commission Meeting Page 26 June 13, 2013- DRAFT - Minutes Michael Tassi, Planning Manager, clarified that the interior social gathering areas were not calculated by staff as part of the compensating benefit for the reduction of the common open space. Gina Kendall, Public Works Department, said she has not seen the traffic study; however, assisted living facilities typically generate very few trips and she does not see any issues with the proposed project. She also noted that the City of Henderson has plans to widen Carnegie Street. Responding to a question by Commissioner Howell regarding accidents along Carnegie Street, Ms. Kendall said she does not know, specifically, why accidents may be happening on Carnegie Street. Responding to a question by Commissioner Howell regarding a shared-parking agreement with the office complex to the south, Mr. Garcia stated there is a shared-parking and cross-access agreement with the office complex. Mr. Fredrickson commented that the shared-parking agreement was not included in the parking calculations. Mr. Tassi commented that the open-space deviation between required and provided is 24 percent; and the usable-open-space deviation between what is required and provided is 52.34 percent. He added that those numbers do not include the spaces inside the building such as the health club and other amenities. ZCA-08-660008-A2 (Motion) Commissioner Howell 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. Henderson Planning Commission Meeting Page 27 June 13, 2013- DRAFT - Minutes D. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. E. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. F. The same development could not be accomplished through the use of other techniques, such as re-zonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study for Public Works' approval. 3. Commercial driveways shall be dedicated and constructed per Clark County Area Standard Drawings No 225 & 226. (Amended E2) 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. Mapping shall be required and completed prior to Certificate of Occupancy/approval of Civil Improvement Plans. 7. Applicant shall revise Civil Improvement Plans per Public Works' requirements. 8. Applicant shall provide copy of cross access agreement(s). A1 DEPARTMENT OF UTILITY SERVICES CONDITIONS 9. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 10. Applicant shall comply with the requirements of the master utility plan established for the project area. 11. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 12. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 13. Applicant shall abandon existing unused onsite sewer infrastructure in accordance with the Department of Utility Services' requirements. 14. Applicant shall be required to comply with the Department of Utility Services' sewer pretreatment requirements including the removal of solid waste products prior to discharging into the City's sewer system. Henderson Planning Commission Meeting Page 28 June 13, 2013- DRAFT - Minutes 15. Applicant shall provide all-weather 24/7 drivable access to public sewer manholes in accordance with the Department of Utility Services' requirements with minimum 50-foot inside turning radius. A1 16. Utility fees will be based on the revised unit count. 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. 17. 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. 18. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 19. 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. 20. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 21. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 22. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. (added A1) 23. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings. 24. If adequate fire access cannot be achieved to reach all portions of the building exterior within 150 feet of fire lanes, then a written plan for mitigation shall be submitted and approved prior to submitting for building permits. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 25. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 26. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 27. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required Henderson Planning Commission Meeting Page 29 June 13, 2013- DRAFT - Minutes by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. Henderson Planning Commission Meeting Page 30 June 13, 2013- DRAFT - Minutes 28. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. 29. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. 30. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 31. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. 32. This resolution of intent shall expire on November 4, 2013. (E2) 33. All parking spaces required by Section 19.10.1 of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users. 34. Applicant is required to bond for all perimeter landscaping and common open space landscaping and amenities. The amount of bond will be based on the City of Henderson bond and fee form. 35. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). WAIVERS a. Reduce the number of required parking spaces from 255 to 127. b. Reduce the amount of common open space from 106,500 square feet to 81,035 square feet, and the amount of useable open space from 74,550 square feet 35,525 square feet. The vote favoring approval was: Those voting aye: Fellows, Howell, and Mansfield. Those voting Nay: Belingheri and Bochanis. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. CUP-08-540074-A2 Henderson Planning Commission Meeting Page 31 June 13, 2013- DRAFT - Minutes (Motion) Commissioner Howell 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. 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. 2. Applicant shall comply with all conditions of approval for ZCA-08-660008. 3. This conditional use permit for an Assisted Living and Skilled Nursing Facility shall lapse on November 4, 2013, unless the use is established, commenced or extended in accordance with Section 19.2.8.L. of the Development Code. 4. The applicant shall submit a Lighting Plan that shows all exterior light directed downward and inward to the site, away from adjoining property, and shielded to prevent unnecessary glare prior to issuance of a building permit. The Lighting Plan shall include details and photometric calculations for all building-mounted and freestanding exterior light fixtures. (E1) The vote favoring approval was: Those voting aye: Fellows, Howell, and Mansfield. Those voting Nay: Belingheri and Bochanis. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 32 June 13, 2013- DRAFT - Minutes 13. PUBLIC HEARING ZCA-08-660010-A1 ZONE CHANGE AMENDMENT 07-02-13 SUNSET/GIBSON APPLICANT: Off-Ramp LTD Amend a zone change rezoning from IG-RD (General Industrial with Redevelopment Overlay) to CC-RD (Community Commercial with Redevelopment Overlay) on 7.1 acres and remove the site and architectural designs and waivers, generally located at the northwest corner of Gibson Road and Cape Horn Drive, in the Eastside Redevelopment and Midway Planning Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Jason Kappel, 2727 South Rainbow Boulevard, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Belingheri opened the public hearing at 9:01 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 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 33 June 13, 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 re-zonings, variances or administrative adjustments. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a traffic analysis to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. 3. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. 14. PUBLIC HEARING ZCA-13-500193 ZONE CHANGE 07-02-13 SANDY RIDGE RESIDENTIAL APPLICANT: Sandy Ridge Residential Rezone from RS-2 (Low-Density Residential) to RS-6 (Low-Density Residential) on 3.3 acres generally located on the northeast corner of Sandy Ridge Avenue and Brandywine Shoals Place, in the MacDonald Ranch Planning Area. This item was continued to the July 11, 2013, Planning Commission meeting. Henderson Planning Commission Meeting Page 34 June 13, 2013- DRAFT - Minutes 15. PUBLIC HEARING A) CPA-13-500131 COMPREHENSIVE PLAN AMENDMENT 07-02-13 B) ZCA-08-660018-A1 ZONE CHANGE AMENDMENT 07-02-13 STONE LAKE BY KB HOME APPLICANT: KB Home Nevada, Inc. A) Amend the Comprehensive Plan Land Use category from COM (Commercial) to LDR (Low-Density Residential) on 34.9 acres; and B) Amend a zone change to rezone from MR-RD-MP-PUD (Regional Mixed Use) to CC-RD-MP-PUD (Community Commercial) on 5.1 acres and RS-8-RD-MP-PUD (Low-Density Residential) on 34.9 acres, all with Redevelopment, Master Plan and Planned Unit Development Overlays, located at the northwest corner of Wigwam Parkway and Stephanie Street, in the Cornerstone Redevelopment Area and Gibson Springs Planning Area. This item was continued indefinitely. 16. PUBLIC HEARING DRA-13-500120 DESIGN REVIEW FINAL O'REILLY AUTO PARTS APPLICANT: O’Reilly Automotive Stores, Inc. Retail Sales (auto parts) and a waiver to remove the minimum window transparency facing Barrett Street, located at 1504 N. Boulder Highway in the Eastside Redevelopment and Pittman Planning Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Mark Bergquist, 702 East Bethanny Home Road, Phoenix, Arizona, representing the applicant, concurred with staff’s recommendation. Vice-Chairman Belingheri opened the public hearing at 9:03 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, conditions, and a waiver. FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. Henderson Planning Commission Meeting Page 35 June 13, 2013- DRAFT - Minutes B. The proposed development addresses a unique situation, confers a substantial benefit to the city, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The proposal mitigates any potential significant adverse impacts to the maximum practical extent. D. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. E. The same development could not be accomplished through the use of other techniques such as variances or administrative adjustments. 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. Commercial driveways shall be dedicated and constructed per Clark County Area Standard Drawings No 225 & 226. 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 right-of-way. 5. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 6. Mapping shall be required and completed prior to Certificate of Occupancy/approval of Civil Improvement Plans. 7. Applicant shall submit new Civil Improvement Plans per Public Works' requirements. DEPARTMENT OF UTILITY SERVICES CONDITIONS 8. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 9. Applicant shall comply with the requirements of the master utility plan established for the project area. 10. Applicant shall be required to construct a full-frontage water main extension along Barrett Street. Henderson Planning Commission Meeting Page 36 June 13, 2013- DRAFT - Minutes 11. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. 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. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 16. Applicant shall provide secondary access 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 18. 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. 19. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 20. 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 37 June 13, 2013- DRAFT - Minutes 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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). WAIVERS a. Eliminate the minimum window transparency requirement facing Barrett Street. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, and Mansfield. Those voting Nay: None. Those absent: Campbell and Stewart. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 38 June 13, 2013- DRAFT - Minutes 17. PUBLIC HEARING A) ZCA-13-500093 ZONE CHANGE FINAL B) DRA-13-500127 DESIGN REVIEW FINAL JERICHO HEIGHTS APPLICANT: Jericho Heights, LLC A) Rezone from RH-24-G-H (High-Density Residential with Gaming Enterprise and Hillside Overlays) and CH-G-H (Highway Commercial with Gaming and Hillside Overlays) to RH-24-H-PUD (High-Density Residential with Hillside and Planned Unit Development Overlays) on 80.6 acres; and B) Review of a multifamily residential development on 59.2 acres; generally located southeast of Dawson Avenue and west of U.S. 95, in the Mission Hills Planning Area. This item was continued to the July 11, 2013, Planning Commission meeting. VIII. PUBLIC COMMENT: There were no comments presented by the public. IX. DIRECTOR'S/CHAIRMAN'S BUSINESS: There was no business to be discussed. X. ADJOURNMENT: There being no further business to come before the Commission, Vice-Chairman Belingheri adjourned the meeting at 9:08 p.m. APPROVED:  Joe Belingheri, Vice-Chairman