Planning Commission

PLANNING COMMISSION MINUTES City Council Chambers Thursday, October 13, 2016 City Hall, 240 Water Street Henderson, Nevada 89015 I. CALL TO ORDER: Vice Chairman Joe Belingheri called the meeting of the Henderson Planning Commission to order at 6:00 p.m. on July 14, 2016, 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, the Nevada Public Notice Website, and the City of Henderson website. 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 Jocelyn Holzwarth Jennifer Lewis Jerry Mansfield EXCUSED: Chairman Michael Campbell George Bochanis Todd Howell COUNCIL REP: None STAFF: Scott Majewski, Principal Planner Darlene Pekarek, Planning Commission Coordinator April Parra, Council and Commission Services Reporter Brandon Kemble, Assistant City Attorney II Greg Toth, Senior Planner Michael Tassi, Asst. Director of Community Dev. & Services Henderson Planning Commission Meeting Page 2 October 13, 2016 – Minutes III. PLEDGE OF ALLEGIANCE: Vice Chairman Belingheri led those present in the Pledge of Allegiance. He noted that the Planning Commission meeting was being recorded and streamed live over the Internet. IV. ACCEPTANCE OF AGENDA: Commissioner Mansfield introduced a motion to accept the agenda as amended: Item 4 was pulled for discussion. Item 5, staff memorandum, dated October 11, 2016, includes revisions to the building architecture, site, and landscape plans. Item 10, staff memorandum, dated October 12, 2016, includes two exhibits that were omitted from the backup material. Item 13, staff memorandum, dated October 13, 2016, makes a correction to Condition 11, per staff recommendation. Item 14, includes an exhibit that was distributed at briefings. Items 3 and 11 were continued to the November 10, 2016, Planning Commission meeting. 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. V. CONSENT AGENDA The Vice Chairman will introduce the consent agenda offering anyone present an opportunity to remove any items for discussion. Unless an item is pulled for discussion, the Planning Commission will take action on all consent items with one motion, accepting staff recommendations. Henderson Planning Commission Meeting Page 3 October 13, 2016 – Minutes 1. NATIONAL COMMUNITY PLANNING MONTH Applicant: Community Development and Services Director Commendation to recognize Planning Commission Chairman Michael Campbell, Planning Commission Vice Chairman Joe Belingheri, Commissioner George Bochanis, Commissioner Jocelyn Holzwarth, Commissioner Todd Howell, Commissioner Jennifer Lewis, and Commissioner Jerry Mansfield for their outstanding services and dedication to our community. Scott Majewski, Principal Planner, presented a commendation to the Planning Commissioners and thanked them for their service and dedication. VI. CONSENT AGENDA The Chairman will introduce the consent agenda offering anyone present an opportunity to remove any items for discussion. Unless an item is pulled for discussion, the Planning Commission will take action on all consent items with one motion, accepting staff recommendations. 2. ADOPTION OF THE SEPTEMBER 15, 2016, PLANNING COMMISSION MEETING MINUTES. Final action by Planning Commission (Motion) Commissioner Lewis introduced a motion recommending adoption of the September 15, 2016, Planning Commission meeting minutes. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 3. EXTENSION OF TIME A) CUP-11-500147-E5 - CONDITIONAL USE PERMIT B) DRA-13-500127-E2 - DESIGN REVIEW JERICHO HEIGHTS - CTC CRUSHING APPLICANT: Impact Companies Final action by Planning Commission A) Extension of time for a conditional use permit for a Short-term Mining and Processing Facility (rock crusher) and aboveground fuel storage, and B) Extension of time for a design review for review of a multifamily residential development; on 80.6 acres, generally located approximately 2400 feet Henderson Planning Commission Meeting Page 4 October 13, 2016 – Minutes southeast of the intersection of Paradise Hills Drive and Dawson Avenue, in the Mission Hills Planning Area. This item was continued to the November 10, 2016, Planning Commission meeting. 4. EXTENSION OF TIME CUP-14-500232-E2 - CONDITIONAL USE PERMIT LAKE MEAD COMMERCIAL BUILDING APPLICANT: Joseph Yakubik Final action by Planning Commission Extension of time for a conditional use permit for a Vehicle Title Loan Facility generally located west of 615 W. Lake Mead Parkway, in the Townsite Planning and Downtown Redevelopment Areas. This item was pulled for discussion. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends approval. Joseph Yakubik, 615 West Lake Mead Parkway, representing the applicant, concurred with staff’s recommendation. Richard Bryan, representing the owners of Boulder Boat Company, said he is not opposed to the extension as long as the extension is for the use permit and not the design review. Brandon Kemble, Assistant City Attorney II, stated the only item before the Planning Commission is the extension of the conditional use permit. (Motion) Commissioner Holzwarth introduced a motion recommending approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. Henderson Planning Commission Meeting Page 5 October 13, 2016 – Minutes 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 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 traffic impact 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. Applicant shall comply with conditions of the traffic study. COMMUNITY DEVELOPMENT PLANNING SERVICES 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 Vehicle Title Loan Facility shall lapse on August 28, 2017, unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. (E2) 5. Planning Commission approval of an amendment to this conditional use permit is required to add Check Cashing and/or Deferred Deposit services. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 6 October 13, 2016 – Minutes VII. UNFINISHED BUSINESS 5. CONTINUED PUBLIC HEARING A) WOS-16-500334 - WAIVER OF STANDARDS B) DRA-16-500333 - DESIGN REVIEW GREEN VALLEY BREWERY APPLICANT: Golden Tavern Group, LLC Final action by Planning Commission A) A waiver request from Development Code standards for landscaping, wall height, distance separation from an off-street loading zone to a residential district, and distance separation from a trash enclosure to a residential district; and B) Review of a Tavern; on 1.4 acres located on the eastside of South Green Valley Parkway approximately 630 feet south of West Horizon Ridge Parkway, in the MacDonald Ranch Planning Area. Greg Toth, Senior Planner, read a summary of the proposed item, and stated staff recommends approval. Shawn Higgens, 6595 South Jones Boulevard, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri 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. Commissioner Mansfield requested that a volume control on outdoor music be made an additional condition of approval. Mr. Higgens was in agreement with the added condition. (Motion) Commissioner Mansfield introduced a motion recommending approval, findings of fact, conditions, and waivers. FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. 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 Henderson Planning Commission Meeting Page 7 October 13, 2016 – Minutes 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. The same development could not be accomplished through the use of other techniques such as variances or administrative adjustments. E. The applicant has shown, by clear and convincing evidence, that the waiver(s) requested will not compromise the objective of the City in safeguarding the interests of the citizens of the City. F. The waiver(s) will not be materially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and land use and zoning districts in which the property is located. G. Granting the waiver(s) does/will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use or zoning district in which the property is located. 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 PLANNING SERVICES CONDITION 2. Applicant shall comply with all conditions of approval for DRA-16-500333. WAIVERS a. Reduce the 25-foot perimeter landscape buffer requirement abutting a residential land use to 6 feet. b. Reduce the minimum setback for a loading zone to 7 feet. c. Reduce dumpster enclosure setback from the south property line to 30 feet. Henderson Planning Commission Meeting Page 8 October 13, 2016 – Minutes The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. (Motion) Commissioner Mansfield introduced a motion recommending approval, subject to conditions. 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. Coordinate with the adjacent property owner to the south regarding edge condition of slope. UTILITY SERVICES CONDITIONS 3. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 4. All onsite utilities shall remain privately owned and maintained. 5. 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. 6. 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. 7. The proposed site plan may require relocation or modification of existing water lines and fire hydrants. If this occurs, a revision to the original civil improvement plans will be required. 8. Applicant to ensure a non-exclusive utility easement has been granted to this parcel via a commercial subdivision. If a non-exclusive utility easement is not in place, additional easements will be required for water and sewer lines crossing property lines. Henderson Planning Commission Meeting Page 9 October 13, 2016 – Minutes BUILDING AND FIRE SAFETY 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. Building and Fire Safety approval is based upon review of the civil improvement or building drawings, not planning documents. 9. 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. 10. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 11. 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 2012 International Fire Code Section 3312 as amended. 12. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 13. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 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 place of assembly prior to engaging in a hazardous activity or use. COMMUNITY DEVELOPMENT PLANNING SERVICES 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. Henderson Planning Commission Meeting Page 10 October 13, 2016 – Minutes 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. 19. 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. 20. 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. 21. 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. 22. Approval of this design review for a Tavern 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. 23. 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. 24. Applicant shall provide a roof over the trash enclosure. Roof design shall be approved by Community Development and Services staff prior to building permit issuance. 25. 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). 26. Applicant shall comply with all conditions of approval for ZCA-07-660003, CUP-12-500087, and WOS-16-500334. 27. If Restricted Gaming is approved, the applicant must demonstrate compliance with Restricted Gaming standards at the time of zoning compliance review and interior Henderson Planning Commission Meeting Page 11 October 13, 2016 – Minutes building permit submittal. 28. The approval of a design review for a tavern is not a guarantee that a liquor license for a tavern will be issued. 29. If outdoor speakers are installed in the patio area, speakers shall require volume control. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 6. CONTINUED PUBLIC HEARING VAA-16-500316 - VARIANCE HOER RESIDENCE – REAR SETBACK APPLICANT: Steven and Cynthia Hoer Final action by Planning Commission Allow a 15-foot rear-yard setback where 30 feet is required at 1135 Christian Road, in the Paradise Hills Planning Area. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends approval. Kevin Rice, 1771 East Flamingo Road, 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 Lewis introduced a motion recommending 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. Henderson Planning Commission Meeting Page 12 October 13, 2016 – Minutes B. The variance may be granted without substantial detriment to the public good, without substantial impairment of affected natural resources, and without detriment or injury to property or improvements in the vicinity of the development site or to the public health, safety, or general welfare. C. Granting the variance is consistent with the purposes of this ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. D. Granting the variance will not allow a use that is otherwise prohibited in the underlying zoning district. PUBLIC WORKS 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 PLANNING SERVICES 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 allow a 15-foot rear-yard setback shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.9.C. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 13 October 13, 2016 – Minutes VIII. NEW BUSINESS 7. PUBLIC HEARING VAC-16-500382 - VACATION CADENCE VISTA DRIVE APPLICANT: The Landwell Company To be heard at City Council on November 1, 2016 Petition to vacate the east 4.5 feet of Cadence Vista Drive in the Southeast Quarter of Section 6 and Northeast Quarter of Section 7, Township 22 South, Range 63 East, M.D.M., generally located between Warm Springs Drive and Sunset Road, in the Cadence Planning and Eastside Redevelopment Areas. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends approval. Mark Bangen, 6765 West Russell Road, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:17 p.m., asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. (Motion) Commissioner Holzwarth introduced a motion recommending approval, subject to conditions. 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 shall record concurrently with dedication of 4.5 feet on the west side of Cadence Vista Drive. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 14 October 13, 2016 – Minutes 8. PUBLIC HEARING CUP-16-500376 - CONDITIONAL USE PERMIT FEET FIRST - GALLERIA MALL APPLICANT: Feet First Final action by Planning Commission Personal Service-Massage at 1300 West Sunset Road, Suite 1510, in the Whitney Ranch Planning Area. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends approval. Pink Sun and Larry Carvahlo, 502 Eagle Vista Drive, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:18 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 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 15 October 13, 2016 – Minutes 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 PLANNING SERVICES CONDITIONS 2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 3. This conditional use permit for Personal Service - Massage shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 9. PUBLIC HEARING MSP-08-590005-A2 - MASTER SIGN PLAN AMENDMENT GALLERIA COMMONS (ARBY’S) APPLICANT: Patrick’s Sign Company Final action by Planning Commission Amend a master sign plan to request modifications from the Development Code to add a monument sign at 590 N. Stephanie Street, in the Whitney Ranch Planning Area. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends denial. Henderson Planning Commission Meeting Page 16 October 13, 2016 – Minutes Darrell Shock, 5115 South Arville Road, Las Vegas; and Phil Peters, Arby’s Roast Beef, 4525 South Sandhill Road, Suite 119, Las Vegas; representing the applicant, gave a presentation and requested the Commission’s approval. 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. Discussion ensued regarding what is allowed, and the requirements in the prior Code versus what is now allowed in the updated Development Code. Discussion ensued regarding ways the sign could be redesigned to be more acceptable to the Commission. It was noted that the concern is with the number of signs and not the height of the sign. Motion) Commissioner Holzwarth introduced a motion recommending denial. The vote favoring denial was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion for denial carried. 10. PUBLIC HEARING MSP-16-500391 - MASTER SIGN PLAN ST. ROSE SQUARE APPLICANT: St. Rose Square, LLC Final action by Planning Commission A master sign plan with modifications from the Development Code generally located southeast of St. Rose Parkway and Amigo Street, in the Westgate Planning Area. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends approval. Commissioner Lewis disclosed that her employer leases property from the applicant. John Marchiano, 218 Lead Street, representing the applicant, concurred with staff’s recommendation. Henderson Planning Commission Meeting Page 17 October 13, 2016 – Minutes Bonnie Eggerton, 5470 Wynn Road, Las Vegas, representing the applicant, gave a presentation on the proposed item. Joe Kennedy, 7155 South Rainbow Boulevard, Las Vegas, representing the applicant, gave a brief presentation on the proposed item. 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. (Motion) Commissioner Holzwarth introduced a motion recommending approval, subject to conditions and modifications c and d. 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 obtain and provide all necessary permissions/approvals from Nevada Department of Transportation. 3. Signs shall not be located within public rights-of-way, easements or the sight visibility restriction zones per Clark County Area Standard Drawing No. 201.2 and HMC 19.7.4.J.4(c). COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 4. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 5. Development of this project shall conform 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. 6. This sign plan must be amended to add building signage and to add any additional freestanding signs for specific Henderson Planning Commission Meeting Page 18 October 13, 2016 – Minutes tenants or businesses. Any other changes made will also require approval of an amendment. MODIFICATIONS a. Increase the maximum height of Sign Type B (service station sign) to 16 feet and increase the maximum area to 99 square feet. b. Increase the maximum number of freestanding signs to eight. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 11. PUBLIC HEARING A) CPA-16-500395 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-16-500396 - ZONE CHANGE C) CUP-16-500398 - CONDITIONAL USE PERMIT D) CUP-16-500444 - CONDITIONAL USE PERMIT E) DRA-16-500397 - DESIGN REVIEW MIDJIT MARKET, INC. DBA GREEN VALLEY GROCERY APPLICANT: Simpson Coulter Studio A) Amend the Comprehensive Plan Land Use category from Business and Industry to Commercial; B) Rezone from IG-RD (General Industrial with Redevelopment Overlay) to CC-RD (Community Commercial with Redevelopment Overlay); C) Unattended carwash; D) Commercial (retail) Fueling Center; E) Review of site layout and architecture for an unattended car wash, commercial (retail) fueling center and convenience market; on .9 acre located at 901 West Sunset Road, in the Midway Planning and Eastside Redevelopment Areas. This item was continued to the November 10, 2016, Planning Commission meeting, due to lack of a quorum. Henderson Planning Commission Meeting Page 19 October 13, 2016 – Minutes 12. PUBLIC HEARING A) CUP-16-500363 - CONDITIONAL USE PERMIT B) CUP-16-500441 - CONDITIONAL USE PERMIT SEEDLING THEATRE COMPANY APPLICANT: Seedling Theatre Company, LLC Final action by Planning Commission A) Personal Improvement Services (acting, musical theatre, dance, and vocal classes for children and teens); and B) Live Entertainment (plays, musicals, dance recitals, vocal performances, variety shows, lip sync competitions, choir concerts, poetry readings, karaoke competitions, and improvisation/comedy shows); located at 980 American Pacific Drive, Suite 103, in the Gibson Springs Planning Area. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends approval. Christina Blake, 980 American Pacific Drive, Suite 103, representing the applicant, 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. CUP-16-500363 (Motion) Commissioner Lewis introduced a motion recommending approval, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. Henderson Planning Commission Meeting Page 20 October 13, 2016 – 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 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. BUILDING AND FIRE SAFETY 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. Building and Fire Safety approval is based upon review of the civil improvement or building drawings, not planning documents. 2. A Change of Occupancy Permit may be required for assembly use. COMMUNITY DEVELOPMENT PLANNING SERVICES 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 Personal Improvement Service (acting, musical theatre, dance, and vocal classes for children and teens) shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. Henderson Planning Commission Meeting Page 21 October 13, 2016 – Minutes CUP-16-500441 (Motion) Commissioner Lewis introduced a motion recommending adoption, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of the Development Code. B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts). C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development. F. Adequate assurances of continuing maintenance have been provided. G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. PUBLIC WORKS 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 PLANNING SERVICES 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 22 October 13, 2016 – Minutes 3. This conditional use permit for Live Entertainment (include plays, musicals, dance recitals, vocal performances, variety shows, lip sync competitions, choir concerts, poetry readings, karaoke competitions, and improvisation/comedy shows) 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. Live Entertainment shall occur indoors only. 5. Applicant must comply with HMC 8.84 and 19.10.7.G (Noise). The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 13. PUBLIC HEARING DRA-16-500386 - DESIGN REVIEW WATER STREET MIXED USE APPLICANT: SH4 Development LLC Final action by Planning Commission Review of a Mixed-Use Residential project and a modification from the Downtown Master Plan on 3.7 acres, generally located at the southwest corner of Victory Road and Water Street, in the Downtown Redevelopment and Townsite Planning Areas. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends approval. Stewart Hitchin, 2256 Dogwood Ranch Avenue, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 6:51 p.m., asking if there was anyone present wishing to speak for or against this item. Steven Wotring, 108 West Victory Road, stated he is opposed to the building of residential on the property. He would support commercial being developed on the location. Cindy Spohn, 34 Magnesium Street, said she is opposed to any residential being located in the proposed location. She would like to keep the quaintness of the areaa. There being no one else wishing to speak, the public hearing was close at Henderson Planning Commission Meeting Page 23 October 13, 2016 – Minutes 6:55 p.m. The applicant displayed some renderings of the proposed project and briefly described the project. He noted that it is in compliance with the Master Plan as well as the Redevelopment Plan. (Motion) Commissioner Mansfield introduced a motion recommending approval, subject to conditions. 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 (update) for Public Works, Parks and Recreation's approval. 3. Commercial driveways shall be dedicated and constructed per Clark County Area Standard Drawings No 225 & the 226 series (S1, S2 or S3). 4. Applicant shall submit a traffic impact 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. Applicant shall comply with conditions of the traffic study. 5. Applicant shall construct full offsites per Public Works, Parks and Recreation's requirements and dedicate any necessary right-of-way. 6. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works, Parks and Recreation's requirements and provide proof of vacation prior to approval of Civil Improvement Plans. 7. Applicant shall submit new Civil Improvement Plans per Public Works, Parks and Recreation's requirements. 8. Applicant must grant public/private easements for existing/proposed utilities within commercial subdivision; there are no blanket easements granted. 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 may be required to construct a full-frontage Henderson Planning Commission Meeting Page 24 October 13, 2016 – Minutes water main extension along Victory Road. 12. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 13. Applicant shall establish separate water and sewer service for each use classification in accordance with the Department of Utility Services' requirements. 14. All onsite utilities shall remain privately owned and maintained. 15. 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. 16. 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. 17. Applicant may be required to provide a water and/or sewer system capacity analysis covering the overall water and/or sewer system providing service to the project, prior to submitting civil improvement plans to the City. Preparation of said capacity analysis shall be coordinated with the Department of Utility Services. 18. Applicant shall provide an easement for the existing utility lines to Lovelady Brewery. BUILDING AND FIRE SAFETY 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. Building and Fire Safety approval is based upon review of the civil improvement or building drawings, not planning documents. 19. 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. 20. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 21. 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 2012 International Fire Code Section 3312 as amended. Henderson Planning Commission Meeting Page 25 October 13, 2016 – Minutes 22. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 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. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. COMMUNITY DEVELOPMENT PLANNING SERVICES 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. 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. 29. 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. 30. 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. 31. Approval of this design review shall be for a period of 18 months from the effective date of approval, unless the Henderson Planning Commission Meeting Page 26 October 13, 2016 – Minutes approval is extended in accordance with Section 19.6.6.B of the Development Code. 32. Prior to issuance of a building permit for homes, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner Association's (i.e., Homeowners Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent. 33. 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. 34. 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 approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 14. PUBLIC HEARING A) WOS-16-500381 - WAIVER OF STANDARDS B) DRA-16-500038-A1 - DESIGN REVIEW AMENDMENT PROCAPS LABORATORIES BUILDING 3 APPLICANT: TWC Construction Final action by Planning Commission A) A waiver request from Development Code standards for Solar Panel height; and B) Amend a design review to revise the architecture for a warehouse building; generally located at the northwest corner of Eastgate Road and Warm Springs Road, in the Midway Planning Area. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends denial of the waiver of standards and approval of the design review. Vice Chairman Belingheri disclosed that his brother-in-law is an employee of the applicant. Matt Riba, 431 Eastgate Road, representing the applicant, gave a brief presentation, displayed some renderings, and requested the Commission’s approval. Vice Chairman Belingheri opened the public hearing at 7:11 p.m., asking if there Henderson Planning Commission Meeting Page 27 October 13, 2016 – Minutes was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed immediately. Discussion ensued regarding potential glare from the reflection of the sun off the building. WOS-16-500381 (Motion) Commissioner Mansfield introduced a motion recommending approval, subject to findings of fact, conditions, and a waiver. FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. 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. The same development could not be accomplished through the use of other techniques such as variances or administrative adjustments. E. The applicant has shown, by clear and convincing evidence, that the waiver(s) requested will not compromise the objective of the City in safeguarding the interests of the citizens of the City. F. The waiver(s) will not be materially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and land use and zoning districts in which the property is located. G. Granting the waiver(s) does/will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use or zoning district in which the property is located. Henderson Planning Commission Meeting Page 28 October 13, 2016 – Minutes 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. UTILITY SERVICES CONDITION 2. Applicant shall submit a line of site study/exhibit to address the height of the solar array interfering with the line of sight of the City HEN-NET system. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITION 3. Applicant shall comply with all conditions of approval for DRA-16-500038-A1. WAIVER a. Allow roof mounted solar panels to be 74 feet in height. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. DRA-16-500038-A1 (Motion) Commissioner Mansfield introduced a motion recommending approval, subject to conditions. 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 (update) for Public Works, Parks and Recreation's approval. 3. Commercial driveways shall be dedicated and constructed per Clark County Area Standard Drawings No 225 & the Henderson Planning Commission Meeting Page 29 October 13, 2016 – Minutes 226 series (S1, S2 or S3). 4. Applicant shall obtain and provide all necessary permissions/approvals from Clark County Regional Flood Control District. 5. Applicant shall submit a traffic impact 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. Applicant shall comply with conditions of the traffic study. 6. Applicant shall construct full offsites per Public Works, Parks and Recreation's requirements and dedicate any necessary right-of-way. 7. Applicant shall dedicate right-of-way along Parkson Road per Public Works, Parks and Recreation's requirements prior to approval of civil improvement plans. 8. Landscaping in excess of 24-inches in height shall not be located within public rights-of-way, easements or the sight visibility restriction zones per Clark County Area Standard Drawing No. 201.2 and HMC 19.7.4.J.4(c). 9. Applicant shall submit new Civil Improvement Plans per Public Works, Parks and Recreation's requirements. 10. Access driveways must be dedicated per Public Works, Parks and Recreation's requirements and constructed per Clark County Area Standard Drawing No 222.1. 11. Applicant must address the Las Vegas Valley Parking Lot Low Impact Development Criteria as set forth in Section 1500 of the Clark County Regional Flood Control District Design Manual. UTILITY SERVICES CONDITIONS 12. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 13. All onsite utilities shall remain privately owned and maintained. 14. 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. 15. 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. 16. Applicant may be required to provide a water and/or sewer system capacity analysis covering the overall water and/or sewer system providing service to the project, prior to Henderson Planning Commission Meeting Page 30 October 13, 2016 – Minutes submitting civil improvement plans to the City. Preparation of said capacity analysis shall be coordinated with the Department of Utility Services. 17. Prior to Civil Plan submittal applicant shall contact City of Henderson Pretreatment to discuss sewer discharge. BUILDING AND FIRE SAFETY 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. Building and Fire Safety approval is based upon review of the civil improvement or building drawings, not planning documents. 18. 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. 19. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 20. 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 2012 International Fire Code Section 3312 as amended. 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. 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. Applicant shall obtain a Fire Department permit for each gate across fire access prior to engaging in a hazardous activity or use. 25. Applicant shall submit a request for alternate method to mitigate for lack of 150-foot exterior access. Henderson Planning Commission Meeting Page 31 October 13, 2016 – Minutes COMMUNITY DEVELOPMENT PLANNING SERVICES 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. 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. Approval of this design review for Procaps Laboratories Building #3 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. 33. 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 - Henderson Planning Commission Meeting Page 32 October 13, 2016 – Minutes covered or uncovered - for specific users. 34. 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). 35. Applicant shall comply with all conditions of approval for AAA-16-500041. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 15. PUBLIC HEARING WOS-16-500414 - WAIVER OF STANDARDS CALLE DE LUZ – HORIZON LIGHTS APPLICANT: Blue Heron Final action by Planning Commission A waiver request from Development Code standards for corner side-yard setback at 1173 Monte De Luz Way, in the McCullough Hills Planning Area. Greg Toth, Senior Planner, read a summary of the proposed item and stated staff recommends approval. Shaundra Sladen, 4675 West Tico Avenue, Las Vegas, representing the applicant, concurred with staff’s recommendation. Vice Chairman Belingheri opened the public hearing at 7:23 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 Holzwarth introduced a motion recommending approval, subject to findings of fact, conditions, and a waiver. FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. 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 Henderson Planning Commission Meeting Page 33 October 13, 2016 – Minutes 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. The same development could not be accomplished through the use of other techniques such as variances or administrative adjustments. E. The applicant has shown, by clear and convincing evidence, that the waiver(s) requested will not compromise the objective of the City in safeguarding the interests of the citizens of the City. F. The waiver(s) will not be materially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity and land use and zoning districts in which the property is located. G. Granting the waiver(s) does/will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use or zoning district in which the property is located. 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 PLANNING SERVICES 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. Approval of this waiver of standards for a request from Development Code standards for corner side-yard setback 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. Henderson Planning Commission Meeting Page 34 October 13, 2016 – Minutes 4. ll 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 corner side-yard setback to 7.94 feet at 1173 Monte de Luz Way. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. 16. 2017 PLANNING COMMISSION MEETING DATES APPLICANT: Community Development and Services Director, on behalf of Planning Commission Final action by Planning Commission The Planning Commission shall set and accept a Planning Commission Meeting Schedule for the year 2017. Greg Toth, Sr. Planner, read a summary of the proposed item and stated staff recommends approval. Vice Chairman Belingheri opened the public hearing at 7:24 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) Vice Chairman Belingheri introduced a motion recommending approval. The vote favoring approval was: Those voting aye: Belingheri, Holzwarth, Lewis, and Mansfield. Those voting Nay: None. Those absent: Bochanis, Campbell, and Howell. Those abstaining: None. Vice Chairman Belingheri declared the motion carried. VIII. PUBLIC COMMENT: There were no comments presented by the public. Henderson Planning Commission Meeting Page 35 October 13, 2016 – Minutes IX. DIRECTOR’S/CHAIRMAN’S BUSINESS: There were no comments presented. X. ADJOURNMENT: There being no further business to come before the Commission, Chairman Campbell adjourned the meeting at 7:25 p.m. APPROVED:  Joe Belingheri, Vice Chairman