Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers December 11, 2014 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 6:02 p.m. on December 11, 2014, 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 Commissioner Dan Stewart EXCUSED: Chairman Michael Campbell COUNCIL REP: None STAFF: Tracy Foutz, Assistant Director of Planning and Neighborhood Services Scott Majewski, Principal Planner Eddie Dichter, Principal Planner Rory Robinson, Sr. Assistant City Attorney Darlene Pekarek, Planning Commission Coordinator April Parra, Council and Commission Services Reporter Henderson Planning Commission Meeting Page 2 December 11, 2014 - Minutes III. PLEDGE OF ALLEGIANCE: Eagle Scout Ricky Golgart led those present in the Pledge of Allegiance. Vice Chairman Belingheri noted that the meeting was being video recorded and streamed live to the Internet. IV. ACCEPTANCE OF AGENDA: Commissioner Mansfield introduced a motion to accept the agenda as amended. Item 3 will be heard at the January 6, 2015, City Council meeting. There was also included a staff memorandum dated December 11, 2014, which includes exhibits regarding various modifications to the amended and restated development agreement. Item 11 – staff memorandum dated December 3, 2014, makes a correction to an error in the “Background and Prior Actions” section of the staff report. 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 Department. V. CONSENT AGENDA: Vice Chairman Belingheri introduced the Consent Agenda offering anyone present an opportunity to remove any items for discussion. 1. ADOPTION OF THE PLANNING COMMISSION FINAL MINUTES FOR NOVEMBER 13, 2014 COMMUNITY DEVELOPMENT DEPARTMENT (Motion) Commissioner Bochanis introduced a motion recommending final approval. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 3 December 11, 2014 - Minutes 2. MSP-14-500530 - MASTER SIGN PLAN FINAL CRESCENT RIDGE ENTRY DRIVE Applicant: Crescent Ridge Associates, LLC A master sign plan with modification to increase the maximum square footage of the entry signage, located south of Conestoga Way and west of Nevada State Drive in the Mission Hills Planning Area. (Motion) Commissioner Bochanis introduced a motion recommending final approval, subject to conditions and a modification. DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. 2. Applicant shall provide copies of access agreements APN 179-34-296-021 and APN 179-34-202-009. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 4. Development of this project shall conform with plans and exhibits presented to the Planning Commission for approval, which shall include all exhibits presented to staff for compliance with required conditions of approval. 5. Any changes made to an approved master sign plan shall require approval of an amended master sign plan. MODIFICATION a. Allow 125 square feet of freestanding or monument sign area in conjunction with a residential subdivision. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 4 December 11, 2014 - Minutes VI. UNFINISHED BUSINESS: 3. CONTINUED PUBLIC HEARING DEV-14-500401 DEVELOPMENT AGREEMENT 12-16-14 UNION VILLAGE (MAJOR MODIFICATION) APPLICANT: Union Village, LLC Major Modification to amend the existing development agreement for Union Village planned community. Changes include amendments to the Development Agreement, exhibits, and Development Standards to reflect modified development standards, street network, open space plan, and other matters properly relating thereto, on 155 acres generally located northwest of Gibson Road and Galleria Drive, in the Eastside Redevelopment Area and Midway Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Commissioner Fellows abstained from voting on this item due to an ongoing relationship with the applicant. Eddie Dichter, Principal Planner, reviewed the additional changes to the Amended and Restated Development Agreement that are in addition to the changes that were included in the back-up documentation. He also reviewed several exhibits that were not included in the back-up documentation including Exhibits G, H, F, J, L, and M. John Marchiano, 218 Lead Street, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:12 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Howell introduced a motion recommending approval. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: Fellows. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 5 December 11, 2014 - Minutes VII. NEW BUSINESS: 4. PUBLIC HEARING VAC-14-500502 VACATION 01-06-15 STEPMAN DRAINAGE EASEMENT APPLICANT: City of Henderson Petition to vacate a portion of public drainage easement in the Southwest Quarter of Section 4, Township 22 South, Range 63 East, M.D.M., generally located east of Glasgow Street and north of Ithaca Avenue, in the Foothills Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Vice Chairman Belingheri opened the public hearing at 6:14 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 Bochanis introduced a motion recommending approval, subject to conditions. DIVISION OF PUBLIC WORKS 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. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 5. PUBLIC HEARING VAC-14-500536 VACATION 01-06-15 GIBSON PLAZA PHASE 3 EAST APPLICANT: D.R. Horton, Inc. Petition to vacate public access and municipal utility easements in the Northeast Quarter of Section 10, Township 22 South, Range 62 East, M.D.M, generally located east of Marks Road and south of Warm Springs Road, in the Gibson Springs Planning Area. Henderson Planning Commission Meeting Page 6 December 11, 2014 - Minutes Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Efraim Balizan, 5740 South Arville Street, Suite 216, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:15 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. DIVISION OF PUBLIC WORKS 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. 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. 5. Approval of Gibson Plaza Phase Three civil plans required before vacation can occur. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 6. PUBLIC HEARING VAC-14-500537 VACATION 01-06-15 INSPIRADA POD 3-1 APPLICANT: KB Home Petition to vacate public drainage easements in the Northeast Quarter of Section 23, Township 23 South, Range 61 East, M.D.M., generally located at the Southwest Corner of the Via Firenze and Bicentennial Parkway intersection, in the West Henderson Planning Area. Henderson Planning Commission Meeting Page 7 December 11, 2014 - Minutes Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Tim Mulroony, 5740 South Arville Street, Suite 216, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:16 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. (Motion) Commissioner Fellows introduced a motion recommending approval, subject to conditions. DIVISION OF PUBLIC WORKS CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits, or building permits. 2. Certification by the City Surveyor. 3. Vacation map shall record concurrently with final map. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 7. PUBLIC HEARING CUP-14-500433 CONDITIONAL USE PERMIT FINAL A1 SMOKE AND GIFTS APPLICANT: Shahnaz Shahnam A Smoke/Tobacco Shop, reduce the distance separation from protected uses (residential, park and school), and reduce the smoke/tobacco shop-to smoke/tobacco shop distance separation, located at 55 South Valle Verde, Suite 205, in the Green Valley Ranch Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends denial. George Garcia, 1055 Whitney Ranch Drive, Suite 210, and Shahnaz Shahnam, 55 South Valley Verde Drive, Suite 205, the applicant, gave a presentation on the proposed item and requested the Commission’s approval. Henderson Planning Commission Meeting Page 8 December 11, 2014 - Minutes Vice Chairman Belingheri opened the public hearing at 6:21 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 a question by Commissioner Bochanis regarding whether the existing vapor shop has received any complaints from the surrounding neighbors, Mr. Garcia said they have not received any complaints that he is aware of. Regarding the pedestrian access, Mr. Majewski explained that due to the access from the east and west, there is not an adequate barrier between the residential and the proposed smoke shop. Discussion ensued regarding how the distance separation is measured. Commissioner Howell commented that he does not typically like to approve waivers; however, in this case, he feels that due to the fact that there are proposed restrictions by the landlord, the shop is already in existence and is just expanding, he can support the proposed waiver. Commissioner Fellows concurred with Commissioner Howell and confirmed with Ms. Shahnam that the business will continue to include the sale of vapor products. Commissioner Fellows commented that the applicant has made some valid points that are unique to the site which mitigate some of the distance separation requirements. (Motion) Commissioner Fellows 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. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. Henderson Planning Commission Meeting Page 9 December 11, 2014 - Minutes DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. 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 smoke/tobacco shop 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. WAIVER a. Allow a smoke/tobacco shop to be 1,292 from an existing smoke/tobacco shop. The vote favoring final approval was: Those voting aye: Fellows, Howell, Mansfield, and Stewart. Those voting Nay: Belingheri and Bochanis. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 8. PUBLIC HEARING VAA-14-500498 VARIANCE FINAL DAVID M. SECORA RV AND BOAT CAR PORT APPLICANT: David M. Secor Reduce the required 5-foot side-yard setback for an accessory structure (metal carport) to 0 feet and reduce the required 6-foot separation between an accessory structure and the principle structure to 0 feet, at 416 Groft Way, in the Valley View Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends denial. David M. Secor, 416 Groft Way, the applicant, gave a brief presentation on the proposed item and requested the Planning Commission’s approval. Henderson Planning Commission Meeting Page 10 December 11, 2014 - Minutes Vice Chairman Belingheri opened the public hearing at 6:39 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. Commissioner Bochanis stated that due to the irregular shape of the lot, no complaints have been made in the seven years the structure has been in existence, and there will be no adverse impacts on the neighbors, he can support the proposed variance. (Motion) Commissioner Bochanis introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. Because of special circumstances or conditions applicable to the subject property, including narrowness, hollowness, shape, exceptional topography, or other extraordinary or exceptional situations or conditions, strict application of the requirements of this ordinance would result in peculiar and exceptional difficulties or undue hardships for the owner of the property. B. The variance may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources, and without detriment or injury to property or improvements in the vicinity of the development site or to the public health, safety, or general welfare. C. Granting the variance is consistent with the purposes of this ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. D. Granting the variance will not allow a use that is otherwise prohibited in the underlying zoning district. DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. 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. Henderson Planning Commission Meeting Page 11 December 11, 2014 - Minutes 3. This variance to reduce the required 3-foot side-yard setback for an accessory structure (metal carport) to zero feet in the side yard, and reduce the required 6-foot separation between an accessory structure and the principle structure to 0 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. Applicant must comply with Building and Fire Safety requirements and obtain a building permit for the carport. 5. The carport structure must be painted to match the color of the house. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Mansfield, and Stewart. Those voting Nay: Howell. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 9. PUBLIC HEARING CUP-14-500466 CONDITIONAL USE PERMIT FINAL CUP-14-500467 CONDITIONAL USE PERMIT FINAL SCUBA SHOP AND DIVING APPLICANT: Robert Edgar A) Personal Improvement Services (instructional scuba/diving classes); and B) Retail Sales (as an ancillary use to a scuba/diving school); located at 789 Middlegate Road, in the Midway Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Robert, Kevin, and Dawn Edgar, 789 Middlegate Road, the applicants, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:46 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-14-500466 (Motion) Commissioner Mansfield introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. Henderson Planning Commission Meeting Page 12 December 11, 2014 - Minutes 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. DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. 2. Commercial driveways shall be dedicated per Clark County Area Standard Drawings No 225 & 226. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 3. This conditional use permit for Personal Improvement Services (instructional scuba/diving classes) 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. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 5. The applicant shall restripe the faded parking space lines and ensure a minimum of 13 parking spaces, including a handicap space, are provided prior to opening of the business. 6. If there are any changes to the approved floor plan for this building, review and approval by the Community Development Department is required. This also includes the space designated for the pool area. 7. Scuba diving classes can only take place in the classroom or pool area during a scheduled class. Henderson Planning Commission Meeting Page 13 December 11, 2014 - Minutes The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. CUP-14-500467 (Motion) Commissioner Mansfield introduced a motion recommending final approval, subject to findings of fact 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. DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. 2. Commercial driveways shall be dedicated per Clark County Area Standard Drawings No 225 & 226. 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 Retail 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. Henderson Planning Commission Meeting Page 14 December 11, 2014 - Minutes 5. Applicant shall comply with all conditions of approval for CUP-14-500466. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 10. PUBLIC HEARING CUP-14-500398 CONDITIONAL USE PERMIT FINAL FIRELIGHT BARN APPLICANT: Toni Jackson Commercial Recreation and Entertainment (Performing Arts Theater) including Live Entertainment (Dance Productions, DJs, Live Bands) located at 536 Boulder Highway, in the Valley View Planning and Downtown Redevelopment Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Toni and Braden Jackson, 204 North Parowan, the applicants, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:48 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Howell 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 15 December 11, 2014 - Minutes G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. 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. 2. Applicant shall obtain a Fire Department permit for place of assembly prior to engaging in a hazardous activity or use. 3. Applicant shall obtain a change of occupancy permit for assembly use. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 5. This conditional use permit for Commercial Recreation and Entertainment with live entertainment including dance performances, DJs, and live bands/music shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 16 December 11, 2014 - Minutes 11. PUBLIC HEARING CUP-14-500508-A1 CONDITIONAL USE PERMIT AMENDMENT FINAL RIVER MOUNTAINS SOLAR, LLC APPLICANT: Southern Nevada Water Authority A Major Utility (Solar Facility) in conjunction with an existing Water Treatment Facility, located at 1350 Richard Bunker Avenue, in the Foothills Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Commissioner Fellows abstained from voting on this item due to a business relationship with the applicant. Cory Ence, 1001 South Valley View Boulevard, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:50 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Stewart introduced a motion recommending final approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. Henderson Planning Commission Meeting Page 17 December 11, 2014 - Minutes DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. 2. Applicant shall submit a drainage study for Public Works' approval. 3. Applicant shall revise Civil Improvement Plans per Public Works' requirements and obtain a grading permit. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 5. This conditional use permit for a solar facility within the existing SNWA River Mountain Water Treatment Facility 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. 6. 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, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: Fellows. Vice Chairman Belingheri declared the motion carried. 12. PUBLIC HEARING ZCO-04-670015-A5 ZONE CHANGE AMENDMENT 01-06-15 CORDOVA ESTATES (FORMERLY AVELLINO/CAPELLA) APPLICANT: Capella HOA Amend a zone change with planned unit development to revise the design standards for Capella North and South to allow 8-foot perimeter walls on 56 acres, generally located west of Amigo Street along Erie Avenue, in the Westgate Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Henderson Planning Commission Meeting Page 18 December 11, 2014 - Minutes Patrick Op, President of the Capella Homeowners Association, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:52 p.m., asking if there was anyone present wishing to speak for or against this item. Miguel Reyes Cuerva, 3644 Tosconella Avenue; Tammy Plias, 1040 Via Del Boccio Drive; and Camille Busch, no address given; voiced their support of the proposed item. There being no one else wishing to speak, the public hearing was closed at 7:00 p.m. (Motion) Commissioner Mansfield 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 same development could not be accomplished through the use of other techniques, such as rezonings, variances or administrative adjustments. 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 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. F. 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. DIVISION OF PUBLIC WORKS CONDITIONS 1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits. 2. Applicant shall submit a drainage study for Public Works' approval. Henderson Planning Commission Meeting Page 19 December 11, 2014 - Minutes 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 all necessary right-of-way. 4. Applicant shall construct full offsites per Public Works' requirements and dedicate all necessary right-of-way. 5. Applicant shall dedicate right-of-way per Public Works' requirements. 6. Applicant shall comply with Standard Drawing No. 201.01, which refers to major intersections and dedicate any necessary right-of-way. 7. FHA Type B drainage shall be allowed only where lots drain directly to public drainage facilities, public parks, or golf courses. 8. Streets shall be privately owned and maintained. 9. 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 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. Civil improvement plans shall comply with the requirements of the Uniform Design and Construction Standards for Water Distribution Systems and the Design and Construction Standards for Wastewater Collection Systems. 13. 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. 14. Applicant shall obtain water service from the City of Henderson by constructing water infrastructure across St. Rose Parkway. 15. Applicant may be required to size water facilities to provide water service to the entire area. If appropriate, the applicant may request a special refunding agreement to be established in accordance with Title 13. 16. Applicant may be required to obtain water and sewer service from the Las Vegas Valley Water District (LVVWD) and the Clark County Water Reclamation District (CCWRD), respectively. Such service shall be in accordance with the interlocal agreement(s) established between the LVVWD and CCWRD and the City. FIRE DEPARTMENT CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Numbers 2649 and 2738 as adopted by the City of Henderson. Fire Department approval is based upon review of the civil improvement or building drawings, not planning documents. Henderson Planning Commission Meeting Page 20 December 11, 2014 - Minutes 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 an approved secondary road from the proposed project to St. Rose. 23. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 24. Applicant shall install an approved sprinkler system in all dwelling units as required by Code. (A1) COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 25. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits. 26. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 27. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 28. Prior to issuance of a building permit, applicant shall obtain approval of a materials and debris containment plan from the Building Official. Upon issuance of the building permit, the developer shall use and maintain throughout construction of the project a materials and debris enclosure in accordance with the approved plan. 29. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted. Henderson Planning Commission Meeting Page 21 December 11, 2014 - Minutes 30. Applicant shall submit landscaping and irrigation construction documents for Community Development staff review and approval prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 31. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association. PARKS AND RECREATION DEPARTMENT CONDITIONS 32. Applicant shall provide a trail corridor with a 10-foot concrete trail along Bermuda. Landscape shall be owner-maintained, installed per the Development Code, and lighting shall be per AASHTO Standards. 33. Applicant shall provide additional public pedestrian access to the park at Avellino Park. 34. Applicant shall provide streets around the park property in accordance with City Ordinance No. 1171. Exceptions may be approved by the Parks and Recreation Department representative, which include: adjoining a school, joint-use parking, an easement, or a flood control facility. WAIVERS a. To allow for gated streets. b. Increase the number of lots on a cul-de-sac from 20 to 24 lots. c. Waive the requirement for a road around a public park. d. 15 feet perimeter landscaping along Erie not to exceed 610 feet on the south side of the street and not to exceed 190 feet on the north side of the street. e. The subdivision perimeter walls and gates may be 8 feet tall. (A5) f. Allow an increase in wall height to 8 feet. The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 22 December 11, 2014 - Minutes 13. PUBLIC HEARING ZCA-08-660005-A1 ZONE CHANGE AMENDMENT 01-06-15 JERICHO RESTAURANT WITH BAR APPLICANT: RPS Holdings, LLC Amend a zone change to rezone from CN-PUD-H (Neighborhood Commercial with Planned Unit Development and Hillside Overlays) by resolution of intent [currently RH-24-G-H (High-Density Residential with Gaming and Hillside Overlays) by ordinance] to CN-H (Neighborhood Commercial with Hillside Overlay) by ordinance, as well as to remove the PUD overlay and all associated development plans, on 3.4 acres generally located approximately 2,200 feet southeast of the intersection of Paradise Hills Drive and Dawson Avenue, in the Mission Hills Planning Area. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. John Marchiano, 218 Lead Street, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 7:02 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 findings of fact and conditions. FINDINGS OF FACT A. The proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact. B. The proposed amendment is consistent with the Comprehensive Plan and the stated purposes of Section 19.1.5. C. The proposed amendment will protect the health, safety, morals or general welfare of the public. D. The City and other service providers will be able to provide sufficient public safety, transportation and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development. E. The proposed rezoning will not have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation. F. The proposed amendment will not have significant adverse impacts on other property in the vicinity of the subject tract. G. The subject property is suitable for the proposed zoning classification, and there is a need for the proposed use at the proposed location. Henderson Planning Commission Meeting Page 23 December 11, 2014 - Minutes DIVISION OF PUBLIC WORKS 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 in the design phase. 3. Applicant shall obtain and provide all necessary permission/approvals from Nevada Department of Transportation, Union Pacific Railroad, Bureau of Land Management, and Bureau of Reclamation. 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, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 14. PUBLIC HEARING ZCA-14-500524 ZONE CHANGE 01-06-15 EXECUTIVE AIRPORT - VIA INSPIRADA AND VOLUNTEER APPLICANT: Lewis Investment Company NV LLC Apply City of Henderson CC-AE (Community Commercial with Airport Environs Overlay) zoning on 13.4 acres and PS-AE (Public/Semipublic with Airport Environs Overlay) zoning on 1.0 acre generally located at the northwest, southwest, and southeast corners of Volunteer Boulevard 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. Stephanie Allen, 8345 West Sunset Road, representing the applicant, concurred with staff’s recommendation. Henderson Planning Commission Meeting Page 24 December 11, 2014 - Minutes Vice Chairman Belingheri opened the public hearing at 7:03 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 Howell introduced a motion recommending approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed amendment corrects an error or meets the challenge of some changing condition, trend or fact. B. The proposed amendment is consistent with the Comprehensive Plan and the stated purposes of Section 19.1.5. C. The proposed amendment will protect the health, safety, morals or general welfare of the public. D. The City and other service providers will be able to provide sufficient public safety, transportation and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development. E. The proposed rezoning will not have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation. F. The proposed amendment will not have significant adverse impacts on other property in the vicinity of the subject tract. G. The subject property is suitable for the proposed zoning classification, and there is a need for the proposed use at the proposed location. DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 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. Henderson Planning Commission Meeting Page 25 December 11, 2014 - Minutes The vote favoring approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 15. PUBLIC HEARING DRA-14-500465 DESIGN REVIEW FINAL HARBOR FREIGHT TOOLS APPLICANT: Harbor Freight Tools Review of a retail building remodel and request for Design Review Modifications from the Downtown Henderson Master Plan, located at 433 W. Lake Mead Parkway, in the Townsite and Redevelopment Planning Areas. Scott Majewski, Principal Planner, read a summary of the proposed item and stated staff recommends approval. Morgan Etsloff, 17710 Detroit Avenue, Cleveland, Ohio, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 7:04 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 conditions and a modification. DIVISION OF PUBLIC WORKS 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, nor does it infer approval for final lot configuration, geometry, or roadway layout. 2. Applicant shall submit a drainage study for Public Works' approval. 3. Commercial driveways shall and constructed per NDOT Standard R-5.5.3. 4. Applicant shall obtain and provide all necessary permission/approvals from NDOT. 5. Applicant shall resolve all mapping concerns per Public Works requirements. 6. Applicant shall provide paved off-street parking. 7. Signs shall not be located within public right-of-way or the sight visibility restriction zone per Clark County Area Standard Drawing No. 201.2 and H.M.C. 19.7.4.J.4(c). Henderson Planning Commission Meeting Page 26 December 11, 2014 - Minutes 8. Applicant shall submit new Civil Improvement Plans per Public Works' requirements. 9. Applicant shall comply with stormwater quality design criteria. 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. 10. 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. 11. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 12. 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. 13. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 14. 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. 15. Applicant shall obtain a Fire Department permit for hazardous materials and high-piled storage (as applicable) prior to engaging in a hazardous activity or use. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 16. 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. 17. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 18. 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 27 December 11, 2014 - Minutes 19. 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. 20. 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. 21. 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. 22. 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. 23. Approval of this design review for a building remodel 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. 24. 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. 25. Provide documentation freestanding sign is permitted to encroach in NDOT Right-of-Way prior to issuance of any building permits; or sign must be removed prior to Certificate of Occupancy. If sign is permitted, it may be utilized as constructed, if any changes occur to the freestanding sign, it must comply with Sec 6.4 of the Downtown Henderson Master Plan. 26. 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). 27. Signage is not approved as part of this design review and must comply with Sec. 6.4 of the Downtown Henderson Master Plan, unless otherwise conditioned. MODIFICATION a. To allow for a maximum of 46 parking spaces. Henderson Planning Commission Meeting Page 28 December 11, 2014 - Minutes The vote favoring final approval was: Those voting aye: Belingheri, Bochanis, Fellows, Howell, Mansfield, and Stewart. Those voting Nay: None. Those absent: Campbell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. VIII. PUBLIC COMMENT: There were no comments presented by the public. IX. DIRECTOR'S/CHAIRMAN'S BUSINESS: There was no business to be discussed. X. ADJOURNMENT: There being no further business to come before the Commission, Vice Chairman Belingheri adjourned the meeting at 7:09 p.m. APPROVED:  Joe Belingheri, Vice Chairman