Planning Commission

CITY OF HENDERSON PLANNING COMMISSION MINUTES Thursday, July 13, 2023 I. CALL TO ORDER (Minutes/Discussion) Chair Jennifer Lewis called the Henderson Planning Commission Meeting to order at 4:00 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. I. CONFIRMATION OF POSTING (Minutes/Discussion) Michelle Menor, Planning Commission Coordinator, confirmed the Henderson Planning Commission meeting had been noticed in compliance with the Nevada Open Meeting Law. II. ROLL CALL Present and responding to roll call were the following: Jennifer Lewis, Chair Jason Andoscia, Commissioner Dave Beason, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Commissioner Eric Humes, Commissioner Steve Rice, Commissioner Staff Present: Laura Bratcher, Senior Planner Sally Galati, Assistant City Attorney Sheri Jensen, Planning Commission Coordinator Michelle Menor, Planning Commission Coordinator Andrew Roether, Planning Manager Jared Tasko, Principal Planner III. PLEDGE OF ALLEGIANCE (Minutes/Discussion) Chair Jennifer Lewis led those present in the Pledge of Allegiance. Planning Commission Page 2 of 29 Thursday, July 13, 2023 – Minutes IV. ACCEPTANCE OF AGENDA (For Possible Action) (Minutes/Discussion) Jared Tasko, Principal Planner, read the following changes to the agenda into the record: Item 4 was continued to the August 10, 2023, Planning Commission Meeting, at the request of staff. Item 5 was continued to the August 10, 2023, Planning Commission Meeting, at the request of the applicant. Item 6 was continued to the August 10, 2023, Planning Commission Meeting, at the request of the applicant. Item 10, staff memorandum, dated July 11, 2023, adds an exhibit which shows the possible building area for the site, and provides setback information for the IP district. Item 13, staff memorandum, dated July 12, 2023, adds Clark County Department of Aviation comments. (Motion) Commissioner Bill Bokelmann introduced a motion to accept the agenda, as amended. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass V. CONSENT AGENDA 1. MINUTES PLANNING COMMISSION MEETING JUNE 15, 2023 Adopt the Planning Commission meeting minutes of June 15, 2023. (Motion) Commissioner Jason Andoscia introduced a motion recommending approval of the Planning Commission meeting minutes of June 15, 2023. Planning Commission Page 3 of 29 Thursday, July 13, 2023 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: Commissioner Jason Andoscia, Commissioner Steve Rice. Result: Pass 2. TMA-2023012774 - TENTATIVE MAP CADENCE NEIGHBORHOOD 9 VILLAGE L LOT 1-1-4 APPLICANT: WILLIAM LYON HOMES DBA TAYLOR MORRISON A 225-lot (202 Single Family, 23 Common) residential subdivision on 28.5 acres generally located southwest of the intersection of E. Warm Springs Road and Grand Cadence Drive, in the Eastside Redevelopment and Cadence Planning Areas. (Minutes/Discussion) Note: This item was pulled and heard following the Consent Agenda, to allow Commissioners Jason Andoscia and Steve Rice the opportunity to abstain from voting. Laura Bratcher, Senior Planner, read a summary of this item and stated staff recommends approval. Commissioner Jason Andoscia read the following disclosure and abstention statement: “My wife is employed by Taylor Morrison, the applicant on this item. The independence of judgment of a reasonable person in my situation could be materially affected by this commitment in my private capacity to the interests of my family. Consequently, I have been advised by counsel that I should make this disclosure pursuant to the Nevada Ethics Laws, and that I should abstain from matters involving Taylor Morrison.” Commissioner Steve Rice read the following disclosure and abstention statement: “My law firm represents Landwell Company, the property owner on this application, and has or will perform work that is directly related to the property at issue in this application. Given the scope of my law firm’s representation of this client, the independence of judgment of a reasonable person could be materially affected by my commitment in my private capacity to the interests of my law firm and to this client. Consequently, I have been advised by counsel that I should make this disclosure pursuant to the Nevada Ethics Laws, and that I should abstain from matters involving Landwell Company.” John Manning, 89014, representing the applicant, thanked staff for their work on the project and concurred with staff’s recommendations and the conditions of approval. Planning Commission Page 4 of 29 Thursday, July 13, 2023 – Minutes Chair Jennifer Lewis opened the public session, asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public session was closed. (Motion) Commissioner Eric Humes introduced a motion recommending approval of TMA-2023012774, 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. Public Works Department approval is based upon review of the civil improvement plans and associated studies, not planning documents. 2. Parcel is adjacent to an existing Clark County Regional Flood Control (CCRFCD) facility; CCRFCD concurrence is required. 3. Applicant shall submit a drainage study for Public Works' approval. 4. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 5. Applicant shall submit Civil Improvement Plans per Public Works' requirements. 6. Open space and/or common landscape areas, water/sewer and drainage easements / corridors to be mapped as common elements and maintained by HOA. 7. All parcels and property owners within the boundary of this subdivision, whether or not an owner association is formed or whether such association is active, shall be jointly and severally responsible for maintaining any common or open space areas or any parcels deeded to an owner association within the subdivision, in compliance with all applicable codes, and shall not be relieved of individual responsibility for complying with all conditions of approval of the subdivision by the formation of an owner’s association. This joint and several responsibility shall remain for the life of this subdivision. All property owners within this subdivision hereby grant all rights and permissions necessary, whether in the form of an easement, permit or other grant, to all other property owners within the subdivision for all shared responsibilities, including, but not limited to, landscaping, irrigation, and utility access, repair and maintenance. 8. Applicant shall submit a traffic impact study 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. Planning Commission Page 5 of 29 Thursday, July 13, 2023 – Minutes PARKS AND RECREATION CONDITION 9. Applicant must comply with approved park agreement. 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. 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 water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 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. Prior to approval of Civil Improvement Plans, the applicant must demonstrate how lots 32, 66, 175, 176, 177 will obtain water and sewer service without locating laterals in the driveway and adequate separation from property lines and dry utilities. BUILDING AND FIRE SAFETY CONDITIONS The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Number 3510 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. Planning Commission Page 6 of 29 Thursday, July 13, 2023 – Minutes 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 Henderson Fire Code. 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 secondary access as approved by Public Works and the Fire Department. 24. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 25. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 26. 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. 27. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 28. The applicant must comply with all requirements not specifically listed as a condition of approval but required by the Cadence Development Agreement, Cadence Development Standards, the Development Code (HMC Title 19), all plans and exhibits presented and amended as part of the final approval, and all additional items required to fulfill conditions of approval. 29. Approval of this tentative map for a 225-lot (202 single family, 23 common) shall be for a period of four years from the effective date of approval. 30. The proposed street names are not approved through this application. Applicant shall submit a list of proposed street names to Community Development for approval prior to approval of the final map. 31. Prior to issuance of a building permit for homes, the applicant shall submit to Community Development and Neighborhood Services a copy of the Owner's Association's (i.e., Homeowners Association or Landscape Maintenance Association) articles of incorporation to include association name, officers, addresses, and resident agent (if applicable). 32. 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. 33. 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). Planning Commission Page 7 of 29 Thursday, July 13, 2023 – Minutes 34. Applicant must grant, with recordation of the final map, a perpetual, non-exclusive easement for ingress, egress, and use upon and over all portions delineated as a private street for the benefit of all lots shown hereon. All private streets must be privately maintained. 35. If there is a conflict between Title 19 or a City Department's standard conditions of approval and the Cadence Development Agreement or Cadence Development Standards, the Cadence development agreement/standards shall prevail. 36. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed per Cadence Development Standards. 37. Lot coverage and the minimum private contiguous yard area requirements per the Cadence Development Standards shall be met and demonstrated with the model home complex and production home plot plans as part of the design review. 38. Applicant must submit a landscape plan to Community Development for review and approval as part of the design review application for the house product and/or as a separate design review application for the required landscaping, open space, and private contiguous yard area prior to the final approval of the civil improvement plan and final map. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: Commissioner Jason Andoscia, Commissioner Steve Rice. Result: Pass VI. UNFINISHED BUSINESS 3. CONTINUED PUBLIC HEARING CUP-2023012613 - CONDITIONAL USE PERMIT CAPE HORN ROCK CRUSHING APPLICANT: APEX MATERIALS LLC General Mining and Processing Facility (rock crushing) located southeast of the intersection of Cape Horn Drive and Courier Street, in the Midway Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and stated staff recommends approval. Jeremiah Johnson, 89118, representing the applicant, displayed site exhibits and provided a summary of the proposed item. Planning Commission Page 8 of 29 Thursday, July 13, 2023 – Minutes Chair Jennifer Lewis opened the public hearing, 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. Responding to a question from Commissioner Bill Bokelmann, Mr. Johnson confirmed the distance from this project to the closest residential area is 2,640 feet. Following an inquiry from Commissioner Jason Andoscia regarding the extension process for this permit, Andrew Roether, Planning Manager, explained the applicant would need to submit an amendment to the use permit to request an extension and that request would be presented to the Commissioners. (Motion) Commissioner Jason Andoscia introduced a motion recommending final approval of CUP-2023012613, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of this Code unless otherwise expressly stated. B. There is a need for the proposed use at the proposed location. C. 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). D. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. E. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. F. 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. G. Adequate assurances of continuing maintenance have been provided. H. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 1. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval. Planning Commission Page 9 of 29 Thursday, July 13, 2023 – Minutes 2. This conditional use permit for General Mining and Processing Facility (rock crushing) shall expire one-year from the effective date of approval unless the use is extended in accordance with Section 19.22 of the Development Code. 3. Dust control shall be maintained at all times. 4. The operation and haul route hours shall be limited to Monday through Friday, 6:00 a.m. to 3:00 p.m. 5. Applicant shall establish a 24-hour phone line for adjacent property owners to call to voice complaints about dust or noise originating from the rock crusher. Once the phone line is established, the number shall be given to Code Enforcement staff of the City. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass 4. CONTINUED PUBLIC HEARING CUP-2023012330 - CONDITIONAL USE PERMIT JOURNEY CHURCH APPLICANT: JOURNEY CHURCH NV Religious Assembly located at 12 Commerce Center Drive, Suite 10 of Building D, in the Green Valley North Planning Area. (Minutes/Discussion) This item was continued to the August 10, 2023, Planning Commission Meeting, at the request of staff. 5. CONTINUED PUBLIC HEARING VAC-2022011869 - VACATION LAKEMOOR APPLICANT: LAKEMOOR DEVELOPMENT, LLC A petition to vacate a portion of a government right-of-way grant and public road easement generally located southwest of the intersection of Lake Las Vegas Parkway and Lake Mead Parkway, in the Lakemoor Canyon Redevelopment and Foothills Planning Areas. (Minutes/Discussion) This item was continued to the August 10, 2023, Planning Commission Meeting, at the request of the applicant. Planning Commission Page 10 of 29 Thursday, July 13, 2023 – Minutes 6. CONTINUED PUBLIC HEARING A) DEV-2022011874 - DEVELOPMENT AGREEMENT B) ZCA-2022011872 - ZONE CHANGE C) TMA-2022011873 - TENTATIVE MAP LAKEMOOR APPLICANT: LAKEMOOR VENTURES, LLC A) Development Agreement and Development Standards for a Planned Community on 1,026 acres; B) Rezone from DH (Development Holding) on 18.2 acres, DH-G (Development Holding with Gaming Enterprise Overlay) on 239.6 acres, DH-G-H (Development Holding with Gaming Enterprise and Hillside Overlays) on 2.6 acres, PS (Public/Semipublic) on 5.4 acres, PS-G (Public/Semipublic with Gaming Enterprise Overlay) on 0.3 acres, and 759.9 acres of land with no established zoning to PC-RD (Planned Community with Redevelopment Overlay) on 600.4 acres and PC-H-RD (Planned Community with Hillside and Redevelopment Overlays) on 425.6 acres; and C) An 18-lot (13 parent, 5 remnant) Parent Tentative Map on 1,242.3 acres; located south of the intersection of Lake Mead Parkway and Lake Las Vegas Parkway, in the Lakemoor Canyon Redevelopment and Foothills Planning Areas. (Minutes/Discussion) This item was continued to the August 10, 2023, Planning Commission Meeting, at the request of the applicant. 7. CONTINUED PUBLIC HEARING MSP-2023012504 - MASTER SIGN PLAN LV NORTH INSPIRADA APPLICANT: NEVADA WEST PARTNERS A master sign plan with modifications from the Development Code to: a) allow two monument signs with an increase in maximum height from 6 feet to 9 feet and two monument signs with an increase in maximum height from 6 feet to 7 feet, and b) increase the maximum square footage of total monument signage from 100 square feet to 118 square feet, generally located east of Via Centro and Dimora Street, in the West Henderson Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and stated staff recommends approval. Planning Commission Page 11 of 29 Thursday, July 13, 2023 – Minutes John Marchiano, 89015, representing the applicant, and Bobby Pucci, 89113, a representative from Vision Signs, Inc., displayed site exhibits and concurred with staff’s recommendations and the conditions of approval. Chair Jennifer Lewis opened the public hearing, 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. Responding to an inquiry from Commissioner Andoscia, Mr. Pucci went over the illumination details of the signage. Commissioner Rebecca Grismanauskas thanked the applicant for working with the City regarding the height of the sign. (Motion) Commissioner Rebecca Grismanauskas introduced a motion recommending final approval of MSP-2023012504, subject to conditions and modifications. PUBLIC WORKS CONDITION 1. Monument signs, trees, landscape, and/or (aboveground) utilities that are 24 inches in height or greater shall not be located within public rights-of-way, easements, amenity zones, or the sight visibility restriction zones per Clark County Area Standard Drawing No. 201.2 and H.M.C. 19.7.4.J.4(c). 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. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval. 3. 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. 4. Any changes made to an approved master sign plan shall require approval of an amended master sign plan. MODIFICATIONS a. Increase the allowed maximum height of two monument signs to 9 feet and two monument signs to 7 feet. Planning Commission Page 12 of 29 Thursday, July 13, 2023 – Minutes b. Increase the allowed maximum area to 118 square feet. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass VII. NEW BUSINESS 8. PUBLIC HEARING VAC-2023012650 - VACATION PARADISE WAREHOUSE APPLICANT: STRONGBOX DEVELOPMENT COMPANY Petition to vacate a portion of a patent easement generally located southwest of the intersection of Volunteer Boulevard and Via Inspirada, in the West Henderson Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item. She stated staff recommends approval and said this item is scheduled for the August 1, 2023, City Council Meeting. Nicole Goudie, 89146, representing the applicant, gave a brief overview of the proposed item. Chair Jennifer Lewis opened the public hearing, 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. (Motion) Commissioner Bill Bokelmann introduced a motion recommending approval of VAC-2023012650, subject to a finding of fact and a condition. FINDING OF FACT A. The public will not be materially injured by the proposed vacation and the application complies with the standards of the Development Code and NRS Chapter 278. Planning Commission Page 13 of 29 Thursday, July 13, 2023 – 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. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass 9. PUBLIC HEARING VAC-2023012783 - VACATION BOULDER & PUEBLO APPLICANT: B H DEVELOPMENT HOLDINGS, LLC Petition to vacate a portion of a right-of-way, utilities easement and a municipal utility easement, generally located northwest of the intersection of Boulder Highway and Pueblo Boulevard, in the Valley View Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item. She stated staff recommends approval and said this item is scheduled for the August 1, 2023, City Council Meeting. Jeremiah Johnson, 89118, representing the applicant, presented site designs and provided a summary of the proposed item. Chair Jennifer Lewis opened the public hearing, 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. (Motion) Commissioner Eric Humes introduced a motion recommending approval of VAC-2023012783, subject to a finding of fact and conditions. FINDING OF FACT Planning Commission Page 14 of 29 Thursday, July 13, 2023 – Minutes A. The public will not be materially injured by the proposed vacation and the application complies with the standards of the Development Code and NRS Chapter 278. 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. Public Works Department approval is based upon review of the civil improvement plans and associated studies, not planning documents. UTILITY SERVICES CONDITIONS 2. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 3. 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. 4. Prior to vacating right-of-way, a 20-foot-wide municipal utility easement will need to be provided in its place for the existing water line. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass Planning Commission Page 15 of 29 Thursday, July 13, 2023 – Minutes 10. PUBLIC HEARING A) CPA-2023012805 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2022010976-A1 - ZONE CHANGE AMENDMENT WHITNEY MESA APPLICANT: CITY OF HENDERSON & SCHNITZER PROPERTIES, LLC A) Amend the Comprehensive Plan land use category from COM (Commercial) and PS (Public/Semipublic) on 16.6 acres to BI (Business Industrial) on 13.5 acres and PS (Public/Semipublic) on 3.1 acres; and B) Rezone from RS-1-AE-H (Low-Density Residential with Airport Environs and Hillside Overlays), on 7.5 acres, IG-AE-H (General Industrial with Airport Environs and Hillside Overlays) on 5.3 acres, IG-AE (General Industrial with Airport Environs Overlay) on 5.8 acres, IP-AE-H (Industrial Park with Airport Environs and Hillside Overlays) on 0.4 acre, and PS-AE-H (Public/Semipublic with Airport Environs and Hillside Overlays) on 0.1 acre to IP-AE (Industrial Park with Airport Environs Overlay) on 13.8 acres, IP-AE-H (Industrial Park with Airport Environs and Hillside Overlays) on 0.1 acre, PS-AE-H (Public/Semipublic with Airport Environs and Hillside Overlays) on 4.6 acre, and PS-AE (Public/Semipublic with Airport Environs Overlay) on 0.6 acre located approximately 1,200 feet east of the Valle Verde Drive and Sunset Way, and 680 feet west of Buffalo Trail Drive, in the Whitney Ranch Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item. She stated staff recommends approval and said this item is scheduled for the August 1, 2023, City Council Meeting. Additionally, she noted a staff memorandum accompanies this item. Brian Podmenik, Senior Real Property Analyst, displayed site exhibits and provided a summary of the proposed item, which he stated was initiated by the City. Chair Jennifer Lewis opened the public hearing, asking if there was anyone present wishing to speak for or against this item. Erica, no last name or ZIP code provided, stated her mother owns property in the nearby area and spoke against the proposed project citing concerns over her property value decreasing in the future due to the commercial development and the possibility of an airport being built in the area. Following the above-mentioned comment, Andrew Roether, Planning Manager, explained both the current and the proposed zoning for the area. He also explained the term “Airport Environs Overlay,” clarified a new airport is not slated to be built on the site, and noted the nearest homesite to this parcel is approximately 650 feet away. Planning Commission Page 16 of 29 Thursday, July 13, 2023 – Minutes There being no one else wishing to speak, the public hearing was closed. Following the inquiry from Commissioner Bill Bokelmann regarding the differences between COM (Commercial) and BI (Business Industrial) land uses, Laura Bratcher, Senior Planner, provided an explanation and stated these applications are before the Planning Commission because, based on the land use patterns provided in the staff report, this would be a natural continuation of that BI land use. Mr. Roether provided additional information regarding the history of the land in the area and stated the proposed item is the only site that is not BI land use. Commissioner Jason Andoscia commended the City for being thoughtful with the boundaries of this project by keeping the trail area in place to buffer the proposed development from the residents. Following an inquiry from Commissioner Steve Rice regarding further site approvals, Mr. Roether stated if the Design Review complies with the Development Code standards, it would be approved at the staff level; however, if the applicant requires a Waiver of Standards, then that item would come before the Planning Commission for review. Carrie Becker, Principal Planner, stated any Design Review Application would include conditions of approval that will pertain to protecting the trail that is in place. A discussion ensued regarding what would be allowed to be built on this parcel in the future, with the greatest emphasis on concerns over the trail area being preserved through any future development on the parcel. (Motion) Commissioner Dave Beason introduced a motion recommending approval of CPA-2023012805, subject to a finding of fact. FINDING OF FACT A. Events, trends, or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass Planning Commission Page 17 of 29 Thursday, July 13, 2023 – Minutes (Motion) Commissioner Dave Beason introduced a motion recommending approval of ZCA-2022010976-A1, 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 HMC Section 19.1.5, Purpose and Intent. 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 zone change will 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 property. G. The suitability of the subject property for the existing zoning classification and proposed zoning classification. H. Mitigation of impacts of the proposed land uses on schools, traffic, parks, emergency services, utility infrastructure, and any other potential impacts identified by the Director. I. Provision of a compensating benefit for the loss of the larger, contiguous open space to the surrounding neighborhood as a result of the redevelopment or change in use. J. The preservation of open space beyond what would be required under the requested zoning and in furtherance of the goals and objectives of the City’s Comprehensive Plan with regard to the protection of open space. 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. Public Works Department approval is based upon review of the civil improvement plans and associated studies, not planning documents. Planning Commission Page 18 of 29 Thursday, July 13, 2023 – Minutes COMMUNITY DEVELOPMENT PLANNING SERVICES 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. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass 11. PUBLIC HEARING CUP-2023012762 - CONDITIONAL USE PERMIT BARAKAT RESIDENCE APPLICANT: OSAMA & EILEEN BARAKAT Short-term Mining and Processing (rock crusher) with modification to reduce the minimum distance to occupied dwelling units from 500 feet to 103 feet, located at the southwest corner of Foxhall Road and Jessie Road, in the Paradise Hills Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and stated staff recommends denial. Osama Barakat, 89002, the applicant, displayed site exhibits and provided a summary of the item. Chair Jennifer Lewis opened the public hearing, asking if there was anyone present wishing to speak for or against this item. The following residents spoke in support of the item if conditions are put in place to address the hours of crushing, permissible days for crushing, and dust control measures: Todd Akes, 89002; John Serfilippi, 89002; Andy Hitchcock, 89002. Robert Orefice, 89002, spoke in support of the item, stating the negative impacts of noise and the traffic and safety concerns that would arise should the applicant need to transport the rocks from the property to be crushed and truck back in are greater than what would exist if on-site crushing was allowed. Planning Commission Page 19 of 29 Thursday, July 13, 2023 – Minutes John Marchiano, 89015, representing resident Chris Evans and the Martines family, spoke in opposition of the item, noting the increased cost to crush the rocks off-site is not a land use consideration. Following an inquiry from Commissioner Steve Rice regarding the statement made by a neighbor that removal of the rocks is a greater safety concern for the neighbors than on-site crushing, Mr. Marchiano stated Mr. Evans and the Martines family do not agree with that statement. There being no one else wishing to speak, the public hearing was closed. A brief discussion ensued regarding the route plan for the equipment, the distance to the nearest neighbor and environmental concerns. Andrew Roether, Planning Manager, explained there has been a recent change to Development Code regarding rock crushers and this project likely would have been permissible in the past; however, due to increasing complaints from residents, the City has updated their Code to start requiring Planning Commission approval for these type of requests. (Motion) Commissioner Rebecca Grismanauskas introduced a motion recommending denial of CUP-2023012762. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass 12. PUBLIC HEARING CUP-2016500209-A1 - CONDITIONAL USE PERMIT AMENDMENT SIAM THAI SPA MASSAGE APPLICANT: ORIGINAL THAI SPA, LLC Amend a conditional use permit for Personal Service - Massage to increase the number of massage rooms from two to three, located at 9400 S. Eastern Avenue, Suite 108, in the Westgate Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and stated staff recommends approval. Aiyara Stover, 89110, the applicant, stated she has reviewed staff’s recommendations. Planning Commission Page 20 of 29 Thursday, July 13, 2023 – Minutes Chair Jennifer Lewis opened the public hearing, 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. Responding to an inquiry from Commissioner Jason Andoscia regarding how long the business has been open and the temporary “Now Open” banner still being displayed, Ms. Stover stated they have been open for almost five years and the banner has not been removed due to cost. Mr. Andoscia requested the banner be removed. (Motion) Commissioner Jason Andoscia introduced a motion recommending final approval of CUP-2016500209-A1, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of this Code unless otherwise expressly stated. B. There is a need for the proposed use at the proposed location. C. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, parking, lighting, noise, odor, dust, and other external impacts). D. Any significant adverse impacts resulting from the use will be mitigated or offset to the maximum practical extent. E. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. F. 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. G. Adequate assurances of continuing maintenance have been provided. H. 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. Planning Commission Page 21 of 29 Thursday, July 13, 2023 – Minutes 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 and Title 4 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 amendment for a Personal Services - Massage Establishment (3 rooms) shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.22 of the Development Code. (A1) 4. If the hours of operation change to fall outside of the stated parameters (8:00 a.m. – 10:00 p.m.), if massage rooms are added or moved, or if there are any other changes that are contrary to Development Code or Title 4 requirements, the applicant must submit a formal amendment. (A1) (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass 13. PUBLIC HEARING CUP-2023012772 - CONDITIONAL USE PERMIT TRINITY MASSAGE APPLICANT: TRINITY MASSAGE Personal Service - Massage located at 4130 E. Sunset Road, in the Green Valley North Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and stated staff recommends approval. Additionally, she noted the staff memorandum that accompanies this item. Kobi Parker, 89014, the applicant, stated she has reviewed staff’s recommendations but has not read the newest memo. Chair Jennifer Lewis opened the public hearing, 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. Planning Commission Page 22 of 29 Thursday, July 13, 2023 – Minutes (Motion) Commissioner Steve Rice introduced a motion recommending final approval of CUP-2023012772, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of this Code unless otherwise expressly stated. B. There is a need for the proposed use at the proposed location. C. 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). D. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. E. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. F. 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. G. Adequate assurances of continuing maintenance have been provided. H. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 1. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 and Title 4 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. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval. 2. This conditional use permit for Personal Service - Massage (6 rooms) shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.22 of the Development Code. 3. If the hours of operation change to fall outside of the stated parameters (8:00 a.m. – 10:00 p.m.), if massage rooms are added or moved, or if there are any other changes that are contrary to Development Code or Title 4 requirements, the applicant must submit a formal amendment. Planning Commission Page 23 of 29 Thursday, July 13, 2023 – Minutes (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass 14. PUBLIC HEARING WOS-2023012719 - WAIVER OF STANDARDS TAYLOR RESIDENCE APPLICANT: KIMBERLY TAYLOR Waiver request from Development Code standards to increase the maximum wall height within the side setback from 6 feet to 7 feet, located at 912 San Laurent Ct, in the McCullough Hills Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and stated staff recommends approval. Kimberly Taylor, 89012, the applicant, gave a brief description of the request and stated she has read staff’s recommendations. Chair Jennifer Lewis opened the public hearing, 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. Commissioner Rebecca Grismanauskas expressed her hesitation for approving most waiver requests due to the precedent they can set; however, she said she was appreciative the applicant is only requesting a waiver of one additional foot above code and is therefore in support of the request. Responding to an inquiry from Commissioner Bill Bokelmann regarding support from the neighbor, Ms. Taylor noted there is an ongoing grievance between she and the neighbor, and she is unable to communicate with the neighbor. Commissioner Steve Rice noted that while there may not be support from the neighbor, an opposition has not been received from the neighbor either. (Motion) Commissioner Rebecca Grismanauskas introduced a motion recommending final approval of WOS-2023012719, subject to findings of fact, a condition and a waiver. Planning Commission Page 24 of 29 Thursday, July 13, 2023 – Minutes FINDINGS OF FACT A. Achieves the intent of the subject standard to the same or better degree than the subject standard. B. Advances the goals and policies of the Comprehensive Plan and this Code to the same or better degree than the subject standard. C. Provides compensating benefits pursuant to this Section. D. Imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITION 1. Approval of this waiver of standard(s) to increase the side yard wall height from six (6) feet to seven (7) feet shall be for a period of 18 months from the effective date of approval unless the approval is extended in accordance with Section 19.23 of the Development Code. WAIVER a. Increase the side yard wall height to seven (7) feet. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass 15. PUBLIC HEARING CUP-2023012521 - CONDITIONAL USE PERMIT NVL00569 STEALTH COMMUNICATIONS TOWER APPLICANT: NEW CINGULAR WIRELESS PCS, LLC Increase the maximum height of a proposed Stealth Wireless Communications Facility from 60 feet to 80 feet, located at 1110 E. Lake Mead Parkway, in the Eastside Redevelopment and Valley View Planning Areas. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and stated staff recommends approval. Amy Tollefson, 89121, representing the applicant, displayed site exhibits and gave a brief description of the project. Chair Jennifer Lewis opened the public hearing, asking if there was anyone present wishing to speak for or against this item. Planning Commission Page 25 of 29 Thursday, July 13, 2023 – Minutes There being no one wishing to speak, the public hearing was closed. Following an inquiry from Commissioner Bill Bokelmann regarding the gap in coverage in the area of the proposed tower, Ms. Tollefson showed an exhibit depicting the significant increase in coverage at a tower height of 75 feet vs 55 feet. Responding to a request from Commissioner Rebecca Grismanauskas regarding obtaining a letter of approval from the Clark County Department of Aviation (CCDOA), Ms. Tollefson stated the project will also go before the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) for review prior to installation of the tower, noting that approval from the FAA and FCC would supersede any approval obtained by the CCDOA. To further clarify the matter, Andrew Roether, Planning Manager, explained the role the CCDOA has in these scenarios, stating the CCDOA reviews all Staff Review and Planning Commission Agendas and if they have concerns with an item, they will submit that concern in writing for the City to address. Mr. Roether noted that because the City has not received a response from the CCDOA, there is a mutual understanding that there is no concern with this request. Commissioner Eric Humes also shared his experience with the FAA and the FCC, noting that they are very involved when proposed items reach a certain height limit, and if they had concerns, the FAA and FCC would have conveyed those concerns to the City. In response to a question from Commissioner Eric Humes regarding the need for additional cellular service in the area, Ms. Tollefson and Mr. Roether both explained the extensive work that goes into finding a suitable location for the tower and the challenges they are facing as older technology needs to be upgraded and replaced. Mr. Roether also stated staff will continue to work with all cellular providers to ensure the increased need for service is addressed while maintaining proper aesthetics. He noted the increased height of this tower will allow for multiple carriers, thus stopping the need for additional towers in the same area. (Motion) Commissioner Dave Beason introduced a motion recommending final approval of CUP-2023012521, subject to findings of fact and conditions. FINDINGS OF FACT A. The proposed use complies with all applicable provisions of this Code unless otherwise expressly stated. B. There is a need for the proposed use at the proposed location. Planning Commission Page 26 of 29 Thursday, July 13, 2023 – Minutes C. 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). D. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent. E. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. F. 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. G. Adequate assurances of continuing maintenance have been provided. H. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 1. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval. 2. This conditional use permit for an 80-foot-tall stealth tower structure shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.22 of the Development Code. 3. The cell tower must be designed and built to accommodate two additional carriers as demonstrated on the plans. 4. Applicant shall provide continuing maintenance for the stealth tower structure, which shall include new paint on any faded areas and replacement of any fallen/broken panels. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Steve Rice, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: (None). Result: Pass Planning Commission Page 27 of 29 Thursday, July 13, 2023 – Minutes 16. PUBLIC HEARING ZCA-2007660024-A1 - ZONE CHANGE AMENDMENT CADENCE MASTER PLAN (AKA LANDWELL 2200) APPLICANT: THE LANDWELL COMPANY, LP Amend a zone change/master plan to rezone from PC-G-RD (Planned Community with Gaming Enterprise and Redevelopment Overlays) to PC-RD (Planned Community with Redevelopment Overlay) to remove the Gaming Enterprise Overlay on an approximately 42.3-acre portion of a 2200-acre master plan generally located at the southeast corner of E. Warm Springs Road and N. Boulder Highway, in the Eastside Redevelopment and Cadence Planning Areas. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item. She stated staff recommends approval and said this item is scheduled for the August 1, 2023, City Council Meeting. Commissioner Steve Rice read the following disclosure and abstention statement: “My law firm represents Landwell Company, the applicant and property owner on this application, and has or will perform work that is directly related to the property at issue in this application. Given the scope of my law firm’s representation of this client, the independence of judgment of a reasonable person could be materially affected by my commitment in my private capacity to the interests of my law firm and to this client. Consequently, I have been advised by counsel that I should make this disclosure pursuant to the Nevada Ethics Laws, and that I should abstain from matters involving Landwell Company.” Lee Farris, 89011, representing the applicant, provided a summary of the proposed item and concurred with staff’s recommendations. Chair Jennifer Lewis opened the public session, asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public session was closed. Responding to a question from Commissioner David Beason, Mr. Farris stated the goal is to bring residential to the area adjacent to Boulder Highway. (Motion) Commissioner Bill Bokelmann introduced a motion recommending approval of ZCA-2007660024-A1, subject to findings of fact and conditions. Planning Commission Page 28 of 29 Thursday, July 13, 2023 – Minutes FINDINGS OF FACT A. The proposal is consistent with the Comprehensive Plan. B. The planned development addresses a unique situation, confers a substantial benefit to the City, or incorporates creative site design such that it achieves the purposes of this Code and represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Such improvements in quality may include, but are not limited to: improvements in common open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads, and other utilities and services; or increased choice of living and housing environments. C. The planned development complies with the applicable standards of HMC Section 19.8.5, Master Plan Development Overlay District. D. Sufficient public safety, transportation, and utility facilities and services are available to serve the subject property, while maintaining sufficient levels of service to existing development. E. The same development could not be accomplished through the use of other techniques, such as variances or administrative adjustments. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 1. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. 2. Applicant shall comply with all original conditions of approval for ZCA-2007660024. 3. All development and uses shall be in compliance with the Landwell 2200 Development Agreement. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: Commissioner Steve Rice. Result: Pass VIII. PUBLIC COMMENT (Minutes/Discussion) There were no public comments presented. Planning Commission Page 29 of 29 Thursday, July 13, 2023 – Minutes IX. STAFF'S\CHAIR'S COMMENTS (Minutes/Discussion) Mr. Roether thanked Jared Tasko, Principal Planner, for attending the meeting today at the last minute and welcomed Carrie Becker from the Parks and Recreation Department to the Community Development Team as a Principal Planner. Chair Lewis thanked the security team and staff for staying late and wished everyone a great weekend. X. ADJOURNMENT (Minutes/Discussion) There being no further business to discuss, Chair Jennifer Lewis adjourned the meeting at 5:42 p.m. APPROVED: _____________________ Jennifer Lewis, Chair