Planning Commission

CITY OF HENDERSON PLANNING COMMISSION MINUTES Thursday, August 10, 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: Amanda Kern, Assistant City Attorney Michelle Menor, Planning Commission Coordinator Colleen O’Brien, Planning Commission Coordinator Andrew Roether, Planning Manager Erica Sosa, Senior Planner 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 33 Thursday, August 10, 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 2, staff memorandum, dated August 3, 2023, adds an exhibit revising the intended Building 3 floor plans for DRA-2022010946-A1. Item 3 was continued to the October 12, 2023, Planning Commission Meeting, at the request of the applicant. Item 4, staff memorandum, dated August 9, 2023, removes condition 18 from TMA-2023012775. Item 7 was continued to the September 14, 2023, Planning Commission Meeting, at the request of the applicant. Item 8 was continued to the September 14, 2023, Planning Commission Meeting, at the request of the applicant. Item 9 was continued to the September 14, 2023, Planning Commission Meeting, at the request of the applicant. Additionally, Mr. Tasko noted that the public hearing mailers for Item 13, VAC-2023012960, incorrectly listed the vacation as “non-inclusive” instead of “non-exclusive.” However, he stated the agenda and backup material have the correct wording. (Motion) Commissioner Rebecca Grismanauskas 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 Planning Commission Page 3 of 33 Thursday, August 10, 2023 – Minutes VI. CONSENT AGENDA 1. MINUTES PLANNING COMMISSION MEETING JULY 13, 2023 Adopt the Planning Commission meeting minutes of July 13, 2023. (Motion) Commissioner Bill Bokelmann introduced a motion recommending approval of the Planning Commission meeting minutes of July 13, 2023. (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 2. DRA-2022010946-A1 - DESIGN REVIEW AMENDMENT THE VILLAGE IN HENDERSON APPLICANT: COMPASS DEVELOPMENT Amend a design review to remove the project's residential component (deleting Condition 41 and revising Conditions 26 and 35) for a mixed-use development, located between St. Rose Parkway and Cactus Avenue, approximately 540 feet southwest of Spencer Avenue, in the Westgate Planning Area. (Motion) Commissioner Bill Bokelmann introduced a motion recommending approval of DRA-2022010946-A1, 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 located adjacent to Clark County jurisdiction; Clark County concurrence is required. Planning Commission Page 4 of 33 Thursday, August 10, 2023 – Minutes 3. Parcel is located adjacent to Nevada Department of Transportation (NDOT) right of way; therefore, NDOT concurrence will be required. 4. Applicant shall obtain and provide all necessary permissions/approvals from Nevada Department of Transportation. 5. Applicant shall submit a drainage study for Public Works' approval. 6. 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. 7. Applicant shall construct full off-sites per Public Works' requirements and dedicate any necessary right-of-way. 8. Applicant shall submit Civil Improvement Plans per Public Works' requirements. 9. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 10. 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. 11. Trees, landscape, berms, block wall, and/or (above ground) utilities that is 24 inches in height or greater 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 H.M.C. 19.12.5.D.3. PARKS AND RECREATION CONDITIONS 12. Applicant shall provide a trail corridor with a 12' wide asphalt trail along St. Rose Parkway. Trail corridor width, landscape, lighting and irrigation to be per the Standardized Design Guidelines for the City of Henderson Parks and Recreation Department. Unless otherwise shown on an approved phasing plan, all trail improvements are to be constructed in the first phase of development. Applicant shall pay fees and bond for improvements as part of the Civil Improvement Plan process. Landscape, irrigation, and lighting shall be owner maintained, installed per Development Code and lighting shall be per AASHTO Standards. Trail surface and trail signage shall be City of Henderson maintained. Applicant shall grant a public access easement over the trail. 13. Applicant shall conform to the current St. Rose Parkway Trail Design Guidelines. The trail should include but not limited to striping, signage, and ADA connections to sidewalks at intersections (may require additional right-of-way). UTILITY SERVICES CONDITIONS 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. Planning Commission Page 5 of 33 Thursday, August 10, 2023 – Minutes 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. Water for this project will be provided by the Las Vegas Valley Water District via inter-local agreement. 17. Sewer for this project will be provided by the Clark County Water Reclamation District via inter-local agreement. 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. 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 Henderson Fire Code. 21. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 22. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 23. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 24. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 25. 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. 26. Applicant shall install an approved sprinkler system in all buildings as required by Code. (A1) 27. Applicant shall install an approved fire alarm system in all buildings 3 or more stories in height as required by Code. 28. For each building that has portions of its exterior that are not within 150 feet of fire lane, the applicant shall provide an acceptable mitigation to Fire Safety prior to final approval of civil plans. Planning Commission Page 6 of 33 Thursday, August 10, 2023 – Minutes COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 29. 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. 30. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 31. 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. 32. 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. 33. Applicant shall submit landscaping and irrigation construction documents for Community Development staff to review and approve prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping. 34. 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. 35. Approval of this design review for a mixed-use development consisting of medical office and retail shall lapse on April 28, 2024, unless the approval is extended in accordance with Section 19.24 of the Development Code. (A1) 36. Applicant shall submit an Addressing application with building and unit numbering for Community Development DSC staff approval prior to submitting building permits. 37. All parking spaces required by Section 19.12.3 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. 38. 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 33 Thursday, August 10, 2023 – Minutes 39. Prior to issuance of a building permit, the development agreement shall be executed and approved. 40. The parcels must be combined, either by parcel map or commercial subdivision map, prior to issuance of building permit(s). (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 3. TMA-2022010210-A1 - TENTATIVE MAP AMENDMENT CADENCE N7 PARCEL 7-A-17 APPLICANT: DR HORTON Amend a tentative map from 229 lots (205 single-family attached, 24 common) to 234 lots (210 single-family attached, 24 common) for a residential subdivision on 16.1 acres located approximately 1,300 feet north of Galleria Drive and 800 feet east of Wiesner Way, in the Eastside Redevelopment and Cadence Planning Areas. Note: This item was continued to the October 12, 2023, Planning Commission Meeting, at the request of the applicant. 4. TMA-2023012775 - TENTATIVE MAP CADENCE NEIGHBORHOOD 9, VILLAGE PARCEL L – PARCEL 66 APPLICANT: BEAZER HOMES HOLDINGS, LLC A 256-lot (61Single Family, 178 Townhouse, 17 Common) residential subdivision on 23.3 acres generally located southeast of the intersection of Warm Springs Road and Boulder Highway, in the Eastside Redevelopment and Cadence Planning Areas. (Minutes/Discussion) This item was pulled from the consent agenda to allow Commissioner Steve Rice the opportunity to 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 deliberation and voting on matters involving Landwell Company. Planning Commission Page 8 of 33 Thursday, August 10, 2023 – Minutes Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she noted that there is a staff memorandum that accompanies this 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 final approval of TMA-2023012775, 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. Boulder Highway Reimagine Improvement project is currently under planning/design stage; please coordinate with City of Henderson of Public Works Engineering. 3. Applicant must work with Survey/Right-of-Way regarding the Boulder Highway corridor. 4. Applicant shall submit a drainage study for Public Works' approval. 5. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 6. Applicant shall submit Civil Improvement Plans per Public Works' requirements. 7. Open space and/or common landscape areas, water/sewer and drainage easements / corridors to be mapped as common elements and maintained by HOA. Planning Commission Page 9 of 33 Thursday, August 10, 2023 – Minutes 8. 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. 9. 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. PARKS AND RECREATION CONDITION 10. Applicant must comply with approved park agreement. UTILITY SERVICES CONDITIONS 11. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 12. Applicant shall comply with the requirements of the master utility plan established for the project area. 13. Applicant shall grant a municipal utility easement per 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. Planning Commission Page 10 of 33 Thursday, August 10, 2023 – Minutes 18. Show how lots with attached homes 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. 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 Henderson Fire Code. 21. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 22. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 23. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 24. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 25. 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. 26. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 27. Approval of this tentative map for a 256 lot (61 Single Family, 178 Townhouse, 17 Common) shall be for a period of four years from the effective date of approval. 28. 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. Planning Commission Page 11 of 33 Thursday, August 10, 2023 – Minutes 29. 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). 30. 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. 31. 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). 32. 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. 33. 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. 34. 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. 35. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed per Cadence Development Standards. 36. 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. 37. Applicant must submit a landscape plan to Community Development for review and approval as part of the design review application for the residential products 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. 38. All mechanical equipment shall be ground-mounted and screened from view of streets. The mechanical units must be screened by something other than landscaping; a decorative wall is the preferred method for screening. The screening method will be reviewed under the future Design Review. 39. Applicant must coordinate with Master Developer and City of Henderson Public Works department for the off-site improvement requirements before Final Map and Civil Improvement Plan can be approved. Planning Commission Page 12 of 33 Thursday, August 10, 2023 – Minutes 40. Applicant shall submit 4 architectural styles for the townhouse product type for design review. (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 5. TMA-2023012803 - TENTATIVE MAP CADENCE VILLAGE PARCEL 7-A-8 (N7 PHASE 4-BAY) APPLICANT: D. R. HORTON A 109-lot (91 Single Family, 18 Common) residential subdivision on 11.8 acres generally located at Wiesner Way and the future Hollywood Boulevard, in the Eastside Redevelopment and Cadence Planning Areas. (Motion) Commissioner Bill Bokelmann introduced a motion recommending final approval of TMA-2023012803, 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. Applicant shall apply and receive approval of a revocable permit for all non-standard items within the public right-of-way (or City-owned property). 3. Timing of the vacation of Wiesner Way has been discussed with Clark County and DR Horton. The vacation cannot record until permanent alternative access has been constructed to provide access to the existing ball fields. Vacation must record concurrently with mapping. 4. Parcel is adjacent to an existing Clark County Regional Flood Control (CCRFCD) facility; CCRFCD concurrence is required. 5. Applicant shall submit a drainage study for Public Works' approval. 6. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 7. Applicant shall submit Civil Improvement Plans per Public Works' requirements. Planning Commission Page 13 of 33 Thursday, August 10, 2023 – Minutes 8. Open space and/or common landscape areas, water/sewer and drainage easements / corridors to be mapped as common elements and maintained by HOA. 9. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works’ requirements. 10. 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. 11. 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. PARKS AND RECREATION CONDITION 12. Applicant must comply with approved park agreement. UTILITY SERVICES CONDITIONS 13. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 14. Applicant shall comply with the requirements of the master utility plan established for the project area. 15. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 16. Applicant shall establish separate water and sewer service for each use classification in accordance with the Department of Utility Services' requirements. 17. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 18. 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. Planning Commission Page 14 of 33 Thursday, August 10, 2023 – Minutes 19. 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. 20. 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. 21. The applicant must depict how lot 20 will obtain water and sewer service without locating laterals in the driveway and adequate separation from property lines and dry utilities prior to the approval of the Civil Improvement Plans. 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. 22. 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. 23. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 24. 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. 25. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 26. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 27. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. 28. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 29. 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. 30. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. Planning Commission Page 15 of 33 Thursday, August 10, 2023 – Minutes COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 31. Approval of this tentative map for a 109-lot (91 Single Family, 18 Common) shall be for a period of four years from the effective date of approval. 32. 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. 33. 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). 34. 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. 35. All grading and construction/staging activity must remain completely on-site, or will require the approval of any and all affected adjacent property owner(s). 36. 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. 37. 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. 38. 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. 39. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed per Cadence Development Standards. 40. 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. Planning Commission Page 16 of 33 Thursday, August 10, 2023 – Minutes 41. Applicant is advised that issuing a stand-alone noise disclosure statement to the purchaser or renter of each residential unit in the proposed development and to forward the completed and recorded noise disclosure statements to the Department of Aviation's Noise Office is strongly encouraged. Additionally, the Federal Aviation Administration will no longer approve remedial noise mitigation measures for incompatible development impacted by aircraft operations which was constructed after October 1, 1998, and funds will not be available in the future should the residents wish to have their buildings purchased or soundproofed. 42. 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 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 6. TMA-2023012943 - TENTATIVE MAP WOW CAR WASH - ST. ROSE & MARYLAND APPLICANT: WOW BUILD CO. ONE, LLC A 1-lot commercial subdivision on 2.8 acres located approximately 500 feet southwest of the intersection of St. Rose Parkway and Maryland Parkway, in the Westgate Planning Area. (Motion) Commissioner Bill Bokelmann introduced a motion recommending final approval of TMA-2023012943, 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. Planning Commission Page 17 of 33 Thursday, August 10, 2023 – Minutes 2. Applicant shall apply and receive approval of a revocable permit for all non-standard items within the public right-of-way (or City-owned property). 3. Applicant will be required to provide drivable access to 177-33-702-001 and grant cross access to said lot. 4. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 5. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works’ requirements. 6. All parcels and property owners within this commercial 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 commercial subdivision, in compliance with all applicable codes, and shall not be relieved of individual responsibility for complying with all conditions of approval of the commercial subdivision by the formation of an owner’s association. This joint and several responsibility shall remain for the life of this commercial subdivision. All property owners within this commercial 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 commercial subdivision for all shared responsibilities, including, but not limited to, landscaping, fire system components, and utility access, repair and maintenance. UTILITY SERVICES CONDITIONS 7. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 8. Applicant shall comply with the requirements of the master utility plan established for the project area. 9. Project is subject to St. Rose Sewer Area "B" refunding at building permit issuance. 10. Applicant shall grant a municipal utility easement per the Department of Utility Services' requirements. 11. Applicant shall resolve all mapping concerns per the Department of Utility Services' requirements. 12. Applicant shall establish separate water and sewer service for each use classification in accordance with the Department of Utility Services' requirements. 13. All onsite utilities shall remain privately owned and maintained. 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. Planning Commission Page 18 of 33 Thursday, August 10, 2023 – Minutes 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. BUILDING AND FIRE SAFETY CONDITION 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. 17. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 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. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval. 19. Approval of this tentative map, for a one-lot commercial subdivision, shall be for a period of four years from the effective date of approval. 20. 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. 21. 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). 22. 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. (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 19 of 33 Thursday, August 10, 2023 – Minutes VII. UNFINISHED BUSINESS 7. 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. Note: This item was continued to the September 14, 2023, Planning Commission Meeting, at the request of the applicant. 8. 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. Note: This item was continued to the September 14, 2023, Planning Commission Meeting, at the request of the applicant. Planning Commission Page 20 of 33 Thursday, August 10, 2023 – Minutes 9. 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. Note: This item was continued to the September 14, 2023, Planning Commission Meeting, at the request of the applicant. VIII. NEW BUSINESS 10. PUBLIC HEARING VAC-2023012677 - VACATION PARCELS W-2A AND W-3A AT RAINBOW CANYON APPLICANT: TOLL HENDERSON LLC Petition to vacate portions of non-exclusive utility/use easements generally located northeast of the intersection of Lake Las Vegas Parkway and Summer House Drive, in the Lake Las Vegas Planning Area. (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this item is scheduled for the September 5, 2023, City Council Meeting. John Land, 89106, representing the applicant, gave a brief overview of the proposed project and concurred with staff’s recommendations for approval. Planning Commission Page 21 of 33 Thursday, August 10, 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. Commissioner Steve Rice read the following disclosure and abstention statement: “My law firm, Rice Reuther Sullivan & Carroll, represents an affiliated entity of the applicant on this item, Toll Henderson, LLC. The work we perform for Toll is not done by me, but by others in the law firm. However, as a partner in my law firm, I have a financial interest in the work we perform for Toll. Therefore, 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 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 in which any Toll entity is an applicant.” (Motion) Commissioner Jason Andoscia introduced a motion recommending approval of VAC-2023012677, 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. 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. (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 Planning Commission Page 22 of 33 Thursday, August 10, 2023 – Minutes 11. PUBLIC HEARING VAC-2023012957 - VACATION RAINBOW CANYON PARCEL N-1 APPLICANT: LAKE LAS VEGAS RECOVERY ACQUISITION, LLC Petition to vacate a non-exclusive utility/use easement generally located east of the intersection of Portofino Riviera Drive and Lake Las Vegas Parkway, along with two other non-exclusive utility/use easements generally located east of the intersection of Sunset Shores Lane and Pleasant Bay Court, in the Lake Las Vegas Planning Area. (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this item is scheduled for the September 5, 2023, City Council Meeting. Commissioner Steve Rice read the following disclosure and abstention statement: “I am a board member for the Henderson Symphony Orchestra. In my capacity as a board member, I have previously obtained sizeable donations to the HSO from the applicant on this item. Therefore, the independence of judgement of a reasonable person in my situation could be materially affected by this commitment in my private capacity to the interests of the Orchestra. 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 deliberation and voting on this item.” John Marchiano, 89015, representing the applicant, concurred with staff’s recommendations for 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. (Motion) Commissioner Eric Humes introduced a motion recommending approval of VAC-2023012957, 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 23 of 33 Thursday, August 10, 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. Public Works Department approval is based upon review of the civil improvement plans and associated studies, not planning documents. (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 12. PUBLIC HEARING VAC-2023012959 - VACATION MACDONALD HIGHLANDS PA 18, PHASE 4 APPLICANT: CHRISTOPHER & COMPANY, LLC Petition to vacate portions of non-exclusive utility/use easements generally located east of the intersection of Rock Peak Drive and Overlook Rim Drive, in the MacDonald Ranch Planning Area. (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this item is scheduled for the September 5, 2023, City Council Meeting. Ken Sailley, 89129, representing the applicant, concurred with staff’s recommendations for 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. (Motion) Commissioner Jason Andoscia introduced a motion recommending approval of VAC-2023012959, subject to a finding of fact and a condition. Planning Commission Page 24 of 33 Thursday, August 10, 2023 – Minutes 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. 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. (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 VAC-2023012960 - VACATION RAINBOW CANYON PARCEL W-4, UNIT 4 APPLICANT: LAKE LAS VEGAS RECOVERY ACQUISITION, LLC Petition to vacate portions of non-exclusive utility/use easements generally located southeast of the intersection of Sunset Shores Lane and Limestone Terrace Court, in the Lake Las Vegas Planning Area. (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this item is scheduled for the September 5, 2023, City Council Meeting. Commissioner Steve Rice read the following disclosure and abstention statement: “I am a board member for the Henderson Symphony Orchestra, and in my capacity as a board member, I have previously obtained sizeable donations to the HSO from the applicant on this item. Therefore, the independence of judgement of a reasonable person in my situation could be materially affected by this commitment in my private capacity to the interests of the Orchestra. 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 deliberation and voting on this item.” Planning Commission Page 25 of 33 Thursday, August 10, 2023 – Minutes John Marchiano, 89015, representing the applicant, concurred with staff’s recommendations for 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. (Motion) Commissioner Eric Humes introduced a motion recommending approval of VAC-2023012960, 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. 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. (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 14. PUBLIC HEARING VAC-2023012961 - VACATION THE HILLS APPLICANT: NEO VEGAS, LLC Petition to vacate non-exclusive utility/use easements and municipal utility easements generally located southwest of the intersection of Viento Puntero Drive and Crimson Sage Avenue, in the McCullough Hills Planning Area. Planning Commission Page 26 of 33 Thursday, August 10, 2023 – Minutes (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this item is scheduled for the September 5, 2023, City Council Meeting. Tom Amick, 89135, representing the applicant along with John Marchiano, 89015, gave a brief overview of the item and concurred with staff’s recommendation 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. (Motion) Commissioner Steve Rice introduced a motion recommending approval of VAC-2023012961, subject to finding of fact and conditions. 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. 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 resolve all mapping concerns 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. Planning Commission Page 27 of 33 Thursday, August 10, 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 15. PUBLIC HEARING VAC-2023012971 - VACATION ROCKY RIDGE APPLICANT: RR S 1, LLC Petition to vacate a portion of a non-exclusive utility/use easement generally located southeast of the intersection of Sandy Ridge Avenue and Rocky Ridge Drive, in the MacDonald Ranch Planning Area. (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this item is scheduled for the September 5, 2023, City Council Meeting. Ken Sailley, 89129, representing the applicant, concurred with staff’s recommendations for 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. (Motion) Commissioner Bill Bokelmann introduced a motion recommending approval of VAC-2023012971, 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 28 of 33 Thursday, August 10, 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. Public Works Department approval is based upon review of the civil improvement plans and associated studies, not planning documents. (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 16. PUBLIC HEARING CUP-2022011836 - CONDITIONAL USE PERMIT VEGAS ACUPUNCTURE THERAPY MASSAGE APPLICANT: VEGAS ACUPUNCTURE THERAPY Personal Service-Massage (1 room) ancillary to medical office (acupuncture), located at 2520 St. Rose Parkway, Suite 114, in the Westgate Planning Area. (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Faith Noborikawa, 89074, representing the applicant, concurred with staff’s recommendations for 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. (Motion) Commissioner Eric Humes introduced a motion recommending final approval of CUP-2022011836, 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 29 of 33 Thursday, August 10, 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 Personal Service - Massage (1 room) as an ancillary use to a medical office use 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 applicant must submit a formal amendment to this conditional use permit if there are any changes to the hours of operation outside of Code requirements, if massage room is moved or massage rooms added, or if there are any other changes that are contrary to Title 19 or Title 4 requirements. (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 30 of 33 Thursday, August 10, 2023 – Minutes 17. PUBLIC HEARING CUP-2023012978 - CONDITIONAL USE PERMIT GIBSON MCGATH FOUNDATION - SHOP CLASS APPLICANT: THE GIBSON MCGATH FOUNDATION Vocational School (construction shop class including carpentry, plumbing, electrical, and HVAC) located at 1110 East Lake Mead Parkway, in the Eastside Redevelopment and Valley View Planning Areas. (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Jeff Gibson, 89011, representing the applicant, gave a brief overview of the proposed item and concurred with staff’s recommendations for 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. Commissioner Bill Bokelmann stated he is excited for this project and said he is happy to see a project that is focused on teaching young adults important trade skills. Commissioner Rebecca Grismanauskas echoed Commissioner Bokelmann’s comments and wished the applicant luck on the project. Chair Lewis stated this project is a very useful and necessary addition to the community and said we are lucky to have it. (Motion) Commissioner Rebecca Grismanauskas introduced a motion recommending final approval of CUP-2023012978, 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. Planning Commission Page 31 of 33 Thursday, August 10, 2023 – Minutes 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. 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. 1. Applicant shall obtain a Fire Department permit for cutting and welding and hot works operations prior to engaging in a hazardous activity or use. 2. Applicant shall obtain a Fire Department permit for combustible dust-producing operations prior to engaging in a hazardous activity or 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. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval. 4. This conditional use permit for a Vocational School (construction shop class including carpentry, plumbing, electrical, and HVAC) 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. 5. The applicant must obtain Community Development and Services approval prior to adding classrooms or increasing student enrollment beyond 40 students a semester to ensure the number of parking spaces is sufficient. Planning Commission Page 32 of 33 Thursday, August 10, 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 18. PUBLIC HEARING WOS-2023012964 - WAIVER OF STANDARDS SONORAN BLUFF ADDITION APPLICANT: RICHARD & JANE OTSUBO Waiver request from Development Code Standards to reduce the rear-yard setback from 15 feet to 10 feet, located at 1698 Sonoran Bluff Avenue, in the Whitney Ranch Planning Area. (Minutes/Discussion) Erica Sosa, Senior Planner, read a summary of this item and staff’s justification for recommending approval. There was no applicant present at the meeting. 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. It was the consensus of the Commission to continue this item to another Planning Commission Meeting for the applicant to be present to discuss their request under this application. (Motion) Commissioner Jason Andoscia introduced a motion to continue WOS-2023012964 to the September 14, 2023, Planning Commission Meeting. (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 33 of 33 Thursday, August 10, 2023 – Minutes IX. PUBLIC COMMENT There were no public comments presented. X. STAFF'S\CHAIR'S COMMENTS Commissioner Eric Humes said the Henderson Little League team will be playing this weekend and will advance to the Little League World Series with a win. Chair Jennifer Lewis thanked the security team and staff for their hard work in helping to carry out the Planning Commission Meetings. XI. ADJOURNMENT There being no further business to discuss, Chair Jennifer Lewis adjourned the meeting at 4:30 p.m. APPROVED: _____________________ Jennifer Lewis, Chair