Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers August 1, 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 5:01 p.m. on August 1, 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 Todd Howell Commissioner Jerry Mansfield Commissioner John Stewart EXCUSED: Chairman Michael Campbell Commissioner George T. Bochanis Commissioner Sean Fellows COUNCIL REP: None STAFF: Tracy Foutz, Acting Dir. of Community Development and Services Michael Tassi, Planning Manager Sally Galati, Assistant City Attorney II Sheri Jensen, Planning Commission Coordinator April Parra, Minutes Clerk III. PLEDGE OF ALLEGIANCE: Vice-Chairman Belingheri led those present in the Pledge of Allegiance. IV. ACCEPTANCE OF AGENDA: (Motion) Commissioner Howell introduced a motion recommending acceptance of the agenda as presented. The vote favoring final approval was: Those voting aye: Belingheri, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis, Campbell, and Fellows. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. V. CONSENT AGENDA: Henderson Planning Commission Meeting Page 2 August 1, 2013- DRAFT - Minutes Vice-Chairman Belingheri introduced the Consent Agenda offering anyone present an opportunity to remove any items for discussion. Item 1 was pulled from the consent agenda and was heard immediately following Item 2. 1. TMA-13-500033 TENTATIVE MAP INSPIRADA VILLAGE 3 & 4 (AKA SOUTH EDGE) APPLICANT: INSPIRADA BUILDERS, LLC A 25-lot (10 single-family, 13 common, 1 school, 1 fire station) tentative map to reconfigure roadway alignments and modify Pod and Park acreage and boundaries on 380.4 acres located between Bicentennial Parkway and Democracy Drive west of Anthem, in the West Henderson Planning area. Michael Tassi, Planning Manager, read a summary of the proposed item and stated staff recommends approval. Ken Nicholson, 2727 South Rainbow Boulevard; and Tom Amick, 8345 Sunset Road, representing the applicant, gave a presentation on the proposed item, and concurred with staff’s recommendation. Vice-Chairman Belingheri opened the public hearing at 8:01 p.m., asking if there was anyone present wishing to speak for or against this item. Penny Puhek, 2740 Kildrummie Street, representing the Anthem Highlands Community Association, stated they are concerned about the traffic in the area as well as the unfinished park in Anthem Highlands. There being no one else wishing to speak, the public hearing was closed at 8:04 p.m. Mr. Amick informed the Commissioners that the parks are bonded for. Mary Ellen Donner, Parks and Recreation Director, stated that Parks B, C, and F have been approved by the Parks and Recreation Board and confirmed that the parks are bonded for. Commissioner Howell said he would like to see the completion of Inspirada move forward. (Motion) Commissioner Howell introduced a motion recommending approval, subject to conditions. PUBLIC WORKS DEPARTMENT CONDITIONS Henderson Planning Commission Meeting Page 3 August 1, 2013- DRAFT - Minutes 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study (update) for Public Works' approval. 3. Applicant shall submit a traffic analysis (update) to address traffic concerns and to determine the proportionate share of this development¿s local participation in the cost of traffic signals and/or intersection improvements and dedicate any necessary right-of-way. 4. Applicant 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). DEPARTMENT OF UTILITY SERVICES CONDITIONS 5. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 6. Applicant shall comply with the requirements of the master utility plan established for the project area. 7. Applicant shall participate in the Anthem Water System Improvements Refunding Agreement. 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. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 9. 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. 10. Approval of this 25-lot parent tentative map shall be for a period of four years from the effective date of approval. 11. 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. 12. All grading and construction/staging activity must remain completely on- site, or will require the approval of any and all affected adjacent property owner(s). 13. Applicant must grant, with recordation of the final map, a perpetual, non- exclusive easement for ingress, egress, and use upon and over all portions delineated as a private street for the benefit of all lots shown hereon. All private streets must be privately maintained. Henderson Planning Commission Meeting Page 4 August 1, 2013- DRAFT - Minutes 14. The applicant shall provide access across Lot 41 from Democracy Drive to School Site S-2 as shown on sheet TM8 (sheet 11 of 13) of the tentative map. 15. Any final maps related to this tentative map may be processed and/or reviewed; however, the mylar may not be submitted for review until after the effective date of the Amended Development Agreement (DEV-13- 500176) or until another agreement between the City and the Developer is approved to allow final map mylars to be reviewed and recorded. 16. Applicant shall comply with the Amended Development Agreement 2013500176. The vote favoring final approval was: Those voting aye: Belingheri, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis, Campbell, and Fellows. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. VI. NEW BUSINESS: 2. PUBLIC HEARING DEV-13-500176 INSPIRADA DEVELOPMENT AGREEMENT APPLICANT: INSPIRADA BUILDERS, LLC Major modification to an existing development agreement including major changes to the Village Development Standards, product mixing requirements, infrastructure timing, Parks Agreement, and other matters properly relating thereto for an approximate 1,603-acre planned community known as Inspirada, generally located south of the Intersection of Volunteer Boulevard and Executive Airport Drive in Southwest Henderson. Michael Tassi, Planning Manager, read a summary of the proposed item and stated staff recommends approval. He also submitted into the record a memorandum dated August 1, 2013, which details the basis of staff’s recommendation as well as revisions to the Amended Development Agreement (ADA), Amended Parks Agreement (APA) and the Village Development Standards. Tom Amick, 8345 Sunset Road; and Andy Baron, 50 North McClintock Drive, Suite 1, Chandler, Arizona, representing the applicant, gave a presentation on the proposed item and concurred with staff’s recommendation. Vice-Chairman Belingheri opened the public comment at 5:25 p.m., asking if there was anyone present wishing to speak for or against this item. Esperanza Guzman, 1913 Via Firenze; and Penny Puhek, 2740 Kildrummie Street; voiced their opposition to the proposed item. Areas of concern included: traffic, access, safety, and incomplete parks. Henderson Planning Commission Meeting Page 5 August 1, 2013- DRAFT - Minutes Mark Keptanski, 2016 Water Iris Walk, said he would like to see a more detailed breakdown of the changes as well as better information. He also stated it seems the project is being rushed. Tom Kennedy, 2081 Airy Petals Walk, stated he supports the proposed item as the schools and parks are greatly needed in the area. He also noted that the new plan will mean less people than originally planned for. There being no one else wishing to speak, the public hearing was closed at 5:35 p.m. Mr. Amick responded to the residents’ concerns stating the new plan allows for larger lots that could not be achieved under the old standards. He also noted that the access by the school site is a requirement by the City of Henderson. Mr. Baron said that the change in the development standards does not change the quality of the product; however, it allows more diversity and flexibility and allows the developer to complete the community. Regarding the street modification, Mr. Baron said everything is the same except the location of the trail. Mr. Amick said that the park has been reduced; however, it still meets City of Henderson standards. He also noted that they are working with the City in an attempt to begin construction on Parks B and D sooner than what is stated in the Development Agreement. Responding to Commissioner Mansfield’s question regarding the construction access routes, Mr. Baron said a plan will be worked out so it will not disturb the residents. Responding to Commissioner Mansfield’s concerns regarding the density and architectural quality, Mr. Baron said the standards, character, and quality will be maintained as required by language in the development standards. At the request of the Commission, John Penuelas, City Traffic Engineer, explained that schools require access from all four sides making the access from Democracy Drive necessary. Commissioner Howell said he has concerns that the City is protected by bonds to ensure the completion of the project. Responding to Vice-Chairman Belingheri’s question regarding the impact to traffic, Mr. Baron stated that there were no impacts identified in the traffic study. A discussion ensued regarding the lot sizes, more variety, and how the product will be integrated and blended due to the diversity of builders. Responding to Vice-Chairman Belingheri’s question regarding churches and community centers, Mr. Amick said there are no planned churches at this time; however, they are an allowed use. Henderson Planning Commission Meeting Page 6 August 1, 2013- DRAFT - Minutes (Motion) Commissioner Mansfield introduced a motion recommending approval with the additional changes as detailed in the memorandum read into the record by staff. The vote favoring final approval was: Those voting aye: Belingheri, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis, Campbell, and Fellows. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. 3. VAC-13-500041 PUBLIC HEARING SOUTH EDGE VILLAGES 3 & 4 INSPIRADA BUILDERS, LLC Petition to vacate portions of Via Firenze, Pavilio Drive, Savella Avenue, Vespucci Avenue, Via Contessa, Via Soprano, and Amerigo Avenue with adjacent non-exclusive utility easements within South Edge Villages 3 & 4 generally located southeast of Via Inspirada and Bicentennial Parkway in Sections 23 and 24, Township 23 South, Range 61 East, M.D.M., in the West Henderson Planning Area. Michael Tassi, Planning Manager, read a summary of the proposed item and stated staff recommends approval. Tom Amick, 8345 Sunset Road, representing the applicant, gave a brief presentation on the proposed item, and concurred with staff’s recommendation. Vice-Chairman opened the public hearing at 6:10 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Stewart introduced a motion recommending approval, subject to conditions. PUBLIC WORKS DEPARTMENT CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Vacation shall record concurrently with final map. 4. Vacation application cannot be recorded until after the Inspirada Development Agreement becomes effective. The vote favoring final approval was: Those voting aye: Belingheri, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Bochanis, Henderson Planning Commission Meeting Page 7 August 1, 2013- DRAFT - Minutes Campbell, and Fellows. Those abstaining: None. Vice-Chairman Belingheri declared the motion carried. VII. PUBLIC COMMENT: Penny Puhek, Anthem Highlands Community Association, asked how to get the unfinished park in Anthem Highlands on the agenda so it can be addressed. Sally Galati, Assistant City Attorney II, stated she will meet with the applicant after the meeting to discuss her concerns. Responding to a question by Vice-Chairman Belingheri regarding a message he received from an individual seeking to have a private briefing with him, Mr. Foutz said the American Planning Association cautions against ex parte communication. Ms. Galati suggested that the individual be invited to attend the Planning Commission briefings held by City of Henderson staff. VIII. DIRECTOR'S/CHAIRMAN'S BUSINESS: Tracy Foutz, Acting Director of Community Development and Services, acknowledged Michael Tassi for all his work on this project and thanked all those involved in the process. IX. ADJOURNMENT: There being no further business to come before the Commission, Vice-Chairman Belingheri adjourned the meeting at 6:17 p.m. APPROVED:  Joe Belingheri, Vice-Chairman