Planning Commission

CITY OF HENDERSON PLANNING COMMISSION MINUTES Thursday, October 12, 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. II. CONFIRMATION OF POSTING (Minutes/Discussion) Jennifer Herbolsheimer, Planning Commission Coordinator, confirmed the Henderson Planning Commission meeting had been noticed in compliance with the Nevada Open Meeting Law. III. 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: Andrew Roether, Planning Manager Laura Bratcher, Senior Planner Sally Galati, Assistant City Attorney Jennifer Herbolsheimer, Planning Commission Coordinator Colleen O’Brien, Planning Commission Coordinator IV. PLEDGE OF ALLEGIANCE (Minutes/Discussion) Chair Jennifer Lewis led those present in the Pledge of Allegiance. Planning Commission Page 2 of 32 Thursday, October 12, 2023 - Minutes V. ACCEPTANCE OF AGENDA (For Possible Action) (Minutes/Discussion) Andrew Roether, Planning Manager, read the following changes to the agenda into the record: Item 9, staff memorandum, dated October 12, 2023, adds a revised justification letter to the backup documentation, and adds or replaces multiple recommended conditions of approval. Item 10, staff memorandum, dated October 10, 2023, removes condition 21. Item 12, staff memorandum, dated October 10, 2023, corrects an error in the item's recommendation. Item 13, was withdrawn at the request of the applicant. Item 14, was continued to the December 14, 2023, Planning Commission Meeting, at the request of the applicant. (Motion) Commissioner Dave Beason 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 VI. PRESENTATION 1. NATIONAL COMMUNITY PLANNING MONTH RECOGNITION PRESENTER: COMMUNITY DEVELOPMENT AND SERVICES DEPARTMENT Recognition of National Community Planning Month and the valuable contributions of our Planning Commission, Chair Jennifer Lewis, Vice Chair Bill Bokelmann, Commissioner Dave Beason, Commissioner Eric Humes, Commissioner Jason Andoscia, Commissioner Rebecca Grismanauskas, and Commissioner Stephen Rice, for their outstanding service in building strong, connected and vibrant communities. Planning Commission Page 3 of 32 Thursday, October 12, 2023 - Minutes (Minutes/Discussion) Edward Dichter, Assistant Director of Community Development and Services; and Andrew Roether, Planning Manager, gave a presentation in recognition of National Community Planning Month. They stated the Planning Commissioners play a pivotal role in the successful planning of the community and the Commissioners were presented with a dessert as a token of appreciation. Commissioner Jason Andoscia thanked the staff that supports the Planning Commission and led the Commission in a round of applause. Chair Jennifer Lewis stated she believes the City is very lucky to have the best staff and attorneys in the Las Vegas Valley. VII. CONSENT AGENDA (Motion) Commissioner Steve Rice introduced a motion to approve the Consent Agenda, as presented. (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. MINUTES PLANNING COMMISSION MEETING SEPTEMBER 14, 2023 Adopt the Planning Commission meeting minutes of September 14, 2023. (Motion) Commissioner Steve Rice introduced a motion recommending approval of the Planning Commission meeting minutes of September 14, 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 Planning Commission Page 4 of 32 Thursday, October 12, 2023 - Minutes 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. (Motion) Commissioner Steve Rice introduced a motion recommending approval of TMA- 2022010210-A, 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. Common use sidewalks shall be entirely within right-of-way or common elements, not on residential lots or the proposed design will require a redesign. 3. Interior streets that are identified as private shall be privately owned and maintained. Any pavement replaced by the City during any road repairs due to utility maintenance shall be standard paving only. The replacement of any non-standard street or sidewalk materials such as, but not limited to, pavers and stamped concrete, will be the responsibility of those responsible for the private streets. 4. Applicant shall obtain and provide all necessary permissions/approvals from adjacent property owners to the west and south for proposed access. If permissions/approvals are not obtained, the applicant will be required to redesign the proposed site. 5. Parcel is located adjacent to Clark County jurisdiction; Clark County concurrence is required. 6. Applicant shall install "No Parking" signs along all the public streets where parking is prohibited. 7. Applicant must coordinate with Public Works Engineering staff prior to submittal of Civil Improvement Plans to align the proposed Weisner Road improvements with the City project. 8. The project is impacted by a FEMA Flood Zone "A"; Clark County Regional Flood Control concurrence is required. Planning Commission Page 5 of 32 Thursday, October 12, 2023 - Minutes 9. Applicant must call out and show all proposed/existing easements on Final Map. No permanent structures can be constructed in these areas. 10. The approved traffic study for this project was based on 205 units. Since the proposed number of units has increased to 210 units, a traffic study update is required. In addition, the civil improvement plan PCVL2023233043 will not be approved until the traffic study update is approved. (A1) 11. Applicant shall submit a drainage study for Public Works' approval. 12. 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. 13. Applicant shall show the limits of the flood zone and submit a letter of map revision to FEMA prior to the Shear and Tie inspection. 14. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way. 15. Applicant shall coordinate with Public Works Department on the Capital Improvement Project. 16. Open space and/or common landscape areas, water/sewer and drainage easements / corridors to be mapped as common elements and maintained by HOA. 17. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works’ requirements. 18. 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. 19. 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 20. Applicant must comply with approved park agreement. Planning Commission Page 6 of 32 Thursday, October 12, 2023 - Minutes UTILITY SERVICES CONDITIONS 21. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 22. Applicant shall comply with the requirements of the master utility plan established for the project area. 23. 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. 24. 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. 25. 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. 26. This site has a City DUS communications corridor. A radio path study is required to determine acceptable height that does not interfere with City DUS communications. 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. 27. 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. 28. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 29. 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. 30. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase. 31. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 32. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. Planning Commission Page 7 of 32 Thursday, October 12, 2023 - Minutes 33. Applicant shall provide a dual water source as approved by Public Works and the Fire Department. 34. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 35. Approval of this tentative map amendment for a 234-lot (210 single-family attached, 24 common) residential subdivision shall expire August 16, 2026. (A1) 36. 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. 37. All mechanical equipment shall be ground-mounted and screened from view of streets. A decorative wall is the preferred method for screening. 38. 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). 39. 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. 40. 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). 41. 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. 42. 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. 43. 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. 44. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed per Cadence Development Standards. Planning Commission Page 8 of 32 Thursday, October 12, 2023 - Minutes 45. 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. 46. Applicant shall ensure the enhanced side elevation included with each floor plan is provided for all end units facing any street, alley, parking area, open space, or common area. 47. Applicant shall submit five architectural styles for the townhouse product type for design review. 48. 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. (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 VIII. NEW BUSINESS 4. PUBLIC HEARING VAC-2023012683 - VACATION RUSSELL ROAD & AGUILA ROAD APPLICANT: THE LANDWELL COMPANY, L.P. Petition to vacate portions of public right-of-way generally located north of the intersection of Canary Song Drive and Grand Cadence Drive in the Eastside Redevelopment and Cadence Planning Areas. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this project is scheduled for the November 7, 2023, City Council Meeting. Planning Commission Page 9 of 32 Thursday, October 12, 2023 - Minutes Commissioner Steven Rice read the following disclosure and abstention statement: "My law firm represents the Landwell Company, the applicant on this item. We have 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 the Landwell Company." Mark Faulkler (phonetic spelling), 89113, representing the applicant, 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 Eric Humes introduced a motion recommending approval of VAC-2023012683, subject to a 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 CONDITION 2. 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 10 of 32 Thursday, October 12, 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 Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: Commissioner Steve Rice. Result: Pass 5. PUBLIC HEARING VAC-2023013081 - VACATION MACDONALD HIGHLANDS PA 18 PHASE 5 APPLICANT: PA18L1, LLC Petition to vacate portions of a non-exclusive utility/use easement generally located northeast of the intersection of Overlook Rim Drive and Grand Rim Drive in the MacDonald Ranch Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this project is scheduled for the November 7, 2023, City Council Meeting. Commissioner Steven Rice read the following disclosure and abstention statement: "My law firm represents PA18L1, LLC, the applicant on this item, and we have or may 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 PA18L1, LLC. " Paul Bykowski, 89012, representing the applicant, 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 Jason Andoscia introduced a motion recommending approval of VAC-2023013081, subject to a finding of fact and a condition. Planning Commission Page 11 of 32 Thursday, October 12, 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 Dave Beason, Commissioner Eric Humes. Those voting nay: (None). Those absent: (None). Those abstaining: Commissioner Steve Rice. Result: Pass 6. PUBLIC HEARING VAC-2023013155 - VACATION MACDONALD HIGHLANDS PLANNING AREA 7 PHASE 1 AND PHASE 1A - PHASE 2 APPLICANT: DRAGON ROCK, LLC Petition to vacate portions of non-exclusive utility/use easements generally located northwest of the intersection of Solitude Ridge Drive and Dragon Hawk Court in the MacDonald Ranch Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this project is scheduled for the November 7, 2023, City Council Meeting. Craig Matsueda, 89118, representing the applicant, 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. Tyler Fegert, 89123, representing the applicant, spoke in support of the item and thanked the staff for their work. Planning Commission Page 12 of 32 Thursday, October 12, 2023 - Minutes There being no one else wishing to speak, the public hearing was closed. (Motion) Commissioner Rebecca Grismanauskas introduced a motion recommending approval of VAC-2023013155, subject to a 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 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 will be required to have rights for replacement turn around prior to vacation recordation. UTILITY SERVICES CONDITION 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. (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 13 of 32 Thursday, October 12, 2023 - Minutes 7. PUBLIC HEARING VAC-2023013224 - VACATION DP VOLUNTEER HENDERSON LOGISTICENTER APPLICANT: SMITH AND ASSOCIATES Petition to vacate a portion of public right-of-way generally located northwest of the intersection of Larson Lane and Paradise Road in the West Henderson Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this project is scheduled for the November 7, 2023, City Council Meeting. Summer Hisey, 89123, representing the applicant, 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 Bill Bokelmann introduced a motion recommending approval of VAC-2023013224, 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. Planning Commission Page 14 of 32 Thursday, October 12, 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 8. PUBLIC HEARING VAC-2023013237 - VACATION COLLEGE DRIVE AND PARADISE HILLS DRIVE APPLICANT: CITY OF HENDERSON Petition to vacate a portion of a flood control channel generally located northeast of the intersection of College Drive and Paradise Hills Drive in the Mission Hills Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this project is scheduled for the November 7, 2023, City Council Meeting. Andrew Roether, Planning Manager, representing the applicant, 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 Dave Beason introduced a motion recommending approval of VAC-2023013237, subject a 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. Planning Commission Page 15 of 32 Thursday, October 12, 2023 - Minutes 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. New Public Drainage Easement must record concurrently with this vacation. UTILITY SERVICES CONDITION 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. (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 CUP-2023013243 - CONDITIONAL USE PERMIT PKWY TAVERN LIVE ENTERTAINMENT APPLICANT: PKWY MARKS, LLC Live Entertainment (musical acts or events, karaoke, and disc jockeys) at an existing Tavern, located at 445 Marks Street in the Whitney Ranch Planning Area. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she noted the staff memorandum accompanying the item and highlighted several of the conditions. Planning Commission Page 16 of 32 Thursday, October 12, 2023 - Minutes Commissioner Eric Humes read the following disclosure statement: “My sister- in-law and nephew previously worked for a vendor that provided entertainment services at the PKWY Tavern location. They left the vendor’s employ about 6-9 months ago for no adverse reason, and the vendor’s ownership has since changed. Therefore, I do not believe that my sister-in-law and nephew’s prior employment for a contractor at the PKWY Tavern will materially affect my independence of judgment in considering this matter, and I don’t believe that it would affect the judgment of a reasonable person in my situation. I’ve been advised by counsel to make this disclosure pursuant to the Nevada Ethics Laws, but that I do not need to abstain from deliberating or voting on this item.” Commissioner Steven Rice read the following disclosure and abstention statement: “My law firm represents PKWY Management and its principals, an affiliated entity of PKWY Marks, LLC, the applicant on this item. My firm has or may perform work 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 PKWY Marks, LLC.” Cassandra Lupo, 89014, representing the applicant, concurred with staff’s recommendation and the conditions of approval, with the exception of condition number six (6) which she requested be revised to allow the live outdoor entertainment hours be extended to midnight on Fridays and Saturdays. She stated the facility would be willing to undergo a six-month trial period to ensure the noise mitigation efforts are suitable to have the extended cutoff time. Chair Jennifer Lewis opened the public hearing, asking if there was anyone present wishing to speak for or against this item. Christiane Wilson, 89014, spoke in opposition of the item and said the noise can be heard from inside her home. She stated the facility has not upheld the time constraints in the past. Responding to questions from Chair Jennifer Lewis regarding any violations or complaints about the property, Andrew Roether, Planning Manager, stated there was a code enforcement case stemming from a noise violation complaint that has been attached to the backup for the item. There being no one else wishing to speak, the public hearing was closed. Planning Commission Page 17 of 32 Thursday, October 12, 2023 - Minutes A discussion ensued regarding the distance to nearby homes, changes the applicant has made to outdoor speaker position, presence of live entertainment at this location, and the addition of a review period to ensure noise compliance. It was the consensus of the Commission that the live entertainment hours remain unchanged with 10:00 p.m. being the cutoff, and that the applicant return for review within three months. (Motion) Commissioner Jason Andoscia introduced a motion recommending approval of CUP-2023013243, 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. 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. 1. Applicant shall obtain a Fire Department permit for assembly use prior to engaging in a hazardous activity or use. Planning Commission Page 18 of 32 Thursday, October 12, 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 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. This conditional use permit for Live Entertainment (small musical acts or events [1-2 performers], comedians, karaoke, and disc jockeys) 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. 4. Applicant must comply with the noise control ordinances found in HMC 8.84 and 19.10.13.F. 5. Any outdoor floor speakers used for live entertainment events must face west into the indoor dining area. No outdoor speakers shall face south. 6. Hours of operation for outdoor live entertainment are limited to between 8:00 a.m. and 10:00 p.m., seven days a week. All live entertainment must move inside the building with the doors closed after 10:00 p.m. 7. Indoor live entertainment with the exterior doors closed is allowed. 8. Non-compliance with these conditions of approval, the Development Code, and/or Title 8.84 may result in further review by the Planning Commission and possible revocation of this conditional use permit. 9. Large musical events on the patio, including full bands, will require the review and approval of a Temporary Use Permit. 10. The applicant shall submit an Amendment to the Conditional Use Permit for the Planning Commission to review the Live Entertainment operations, compliance with conditions, and to evaluate any potential change to conditions of approval, such as hours of operation. This is to be on the January 11, 2024, Planning Commission agenda otherwise the use permit expires. (Vote) The roll call vote favoring passage was: Those voting aye: Commissioner Jason Andoscia, Commissioner Bill Bokelmann, Commissioner Rebecca Grismanauskas, Chair Jennifer Lewis, Commissioner Eric Humes. Those voting nay: Commissioner Dave Beason. Those absent: (None). Those abstaining: Commissioner Steve Rice. Result: Pass Planning Commission Page 19 of 32 Thursday, October 12, 2023 - Minutes 10. PUBLIC HEARING A) CUP-2023013271 - CONDITIONAL USE PERMIT B) DRA-2023013272 - DESIGN REVIEW LAKE MEAD CROSSING LOT 4 APPLICANT: HENDERSON-LAKE MEAD COVENANT GROUP LLC A) Restaurant with Drive-Through Facility; and B) Review of architecture and site design for a Restaurant with Drive-Through Facility; on 0.8 acres located at 382 W. Lake Mead Parkway in the Downtown Redevelopment and Townsite Planning Areas. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she noted a staff memorandum accompanies this item. Brian Kravitz (phonetic spelling), 89015, representing the applicant, 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 Eric Humes introduced a motion recommending approval of CUP-2023013271, 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. Planning Commission Page 20 of 32 Thursday, October 12, 2023 - Minutes 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 a restaurant with drive-through facility shall lapse 18 months from the effective date of this approval unless the use is established, commenced or extended in accordance with Section 19.22 of the Development Code. 3. Applicant shall provide an integrated automated volume control system for any installed menu/ordering speaker box/sound system for the drive through facility. (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 (Motion) Commissioner Eric Humes introduced a motion recommending approval of DRA-2023013272, 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 submit Civil Improvement Plans per Public Works' requirements. 3. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 4. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. Planning Commission Page 21 of 32 Thursday, October 12, 2023 - Minutes 5. 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. 6. 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. 7. Monument signs, trees, landscape, and/or (above ground) 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). 8. Applicant must manage pedestrian and vehicular traffic queueing onsite. If traffic issues which negatively impact public right-of-way should arise, this application may be revoked and / or future applications may be denied. 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. 9. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions. 10. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval. 11. Applicant shall provide secondary access as approved by Public Works and the Fire Department. 12. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways. Planning Commission Page 22 of 32 Thursday, October 12, 2023 - Minutes 13. 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. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 14. 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. 15. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 16. 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. 17. 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. 18. Approval of this design review for minor architectural and site for a restaurant (juice shop) shall be for a period of 18 months from the effective date of approval, unless the approval is extended in accordance with Section 19.24 of the Development Code. 19. 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. 20. 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). 21. All trucks and trailers must be stored/stacked/queued onsite and there shall be no truck parking/storage on public streets. 21. All exterior lighting is to be shielded to prevent glare and light spillage onto neighboring properties. Planning Commission Page 23 of 32 Thursday, October 12, 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 11. PUBLIC HEARING CUP-2023013280 - CONDITIONAL USE PERMIT AMERICA'S GARAGE APPLICANT: AMERICA'S GARAGE Vehicle Repair located at 520 W. Sunset Road, Unit 1, in the Eastside Redevelopment and Midway Planning Areas. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Brice Kay, 89011, representing the applicant, 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 Bill Bokelmann introduced a motion recommending approval of CUP-2023013280, 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. Planning Commission Page 24 of 32 Thursday, October 12, 2023 - Minutes 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 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. 1. Applicant shall obtain a Fire Department permit for repair garage, hot works and/or flammable/combustible liquid storage (as applicable) prior to engaging in a hazardous activity or use. 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. This conditional use permit for vehicle repair 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. 4. All repair activities must take place within an enclosed building. 5. Storage of unlicensed or inoperable vehicles shall be prohibited. (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 25 of 32 Thursday, October 12, 2023 - Minutes 12. PUBLIC HEARING A) CUP-2023013281 - CONDITIONAL USE PERMIT B) DRA-2023013282 - DESIGN REVIEW GATEWAY CAR WASH APPLICANT: GALLERIA 6 LLC A) Drive-Through Car Wash; and B) Review of architecture and site design for a drive-through car wash on a 1.8 acre portion of a 5.5 acre site; located at 3101 N. Boulder Highway in the Eastside Redevelopment and Midway Planning Areas. (Minutes/Discussion) Laura Bratcher, Senior Planner, read a summary of this item and staff’s justification for recommending approval. Additionally, she stated this project is scheduled for the November 7, 2023, City Council Meeting. George Garcia, 89014, representing the applicant, gave a summary of the proposed project and displayed site exhibits, 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. Responding to a comment by Commissioner Jason Andoscia regarding the fence color, Mr. Garcia stated they were looking into alternative colors and would be willing to include that as a condition. Responding to questions from Commissioner Rebecca Grismanauskas regarding water consumption, Mr. Garcia provided a brief overview of the water utility plan and process. Mr. Garcia congratulated the Commissioners in honor of Community Planning Month and for the City of Henderson’s recognition by the Urban Land Institute. (Motion) Commissioner Jason Andoscia introduced a motion recommending approval of CUP-2023013281, 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 32 Thursday, October 12, 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 a drive-through car wash shall lapse 18 months from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.22 of the Development Code. (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 (Motion) Commissioner Jason Andoscia introduced a motion recommending approval of DRA-2023013282, subject to conditions, including the added condition that the screen wall must have a bronze-colored or earth toned finish. Planning Commission Page 27 of 32 Thursday, October 12, 2023 - Minutes 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. All offsites must match and comply with Gateway Master Infrastructure. Please see PCVL 2021146296. 3. Boulder Highway Reimagine Improvement project is currently under planning/design stage; please coordinate with City of Henderson Public Works Engineering. 4. Applicant shall submit a drainage study for Public Works' approval. 5. 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. 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. 8. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 9. Applicant shall provide copies of cross-access agreements, permission to grade and/or construct on adjacent properties, and/or maintenance agreements. 10. 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. Planning Commission Page 28 of 32 Thursday, October 12, 2023 - Minutes 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. 12. Monument signs, trees, landscape, and/or (above ground) 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). 13. Applicant must manage pedestrian and vehicular traffic queueing onsite. If traffic issues which negatively impact public right-of-way should arise, this application may be revoked and / or future applications may be denied. UTILITY SERVICES CONDITIONS 14. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval. 15. Applicant shall comply with the requirements of the master utility plan established for the project area. 16. Applicant shall resolve all mapping concerns (if applicable) per the Department of Utility Services' requirements. 17. All onsite utilities shall remain privately owned and maintained. 18. All water and sewer services shall comply with HMC Title 14 regarding public-public or private-private service requirements. 19. 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. 20. 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. 21. Developer required to meet with COH Pre-treatment to discuss sewer discharge design requirements prior to Civil Plan submittal. 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. Planning Commission Page 29 of 32 Thursday, October 12, 2023 - Minutes 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 if 4 or more hydrants and/or fire lead-ins are installed. 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. COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS 31. 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. 32. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall. 33. 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. 34. 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. Planning Commission Page 30 of 32 Thursday, October 12, 2023 - Minutes 35. 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. 36. 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. 37. Approval of this design review for a drive-through car wash shall be for a period of 18 months from the effective date of approval, unless the approval is extended in accordance with Section 19.24 of the Development Code. 38. 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. 39. 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). 40. All exterior lighting is to be shielded to prevent glare and light spillage onto neighboring residential properties. 41. Application shall comply with the Gateway Development Standards. 42. Screen wall must have a bronze-colored or earth toned finish. (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. MSP-2019002687-A1 - MASTER SIGN PLAN AMENDMENT SPEEDEE MART SUNSET/GIBSON (STARBUCKS) APPLICANT: B F H VEGAS 1, LLC / DIVERSIFIED PARTNERS Amend a master sign plan to delete a condition of approval to limit the number of signs on Sunset Road located northwest of Sunset Road and Gibson Road, in the Eastside Redevelopment and Midway Planning Areas. (Minutes/Discussion) This item was withdrawn at the request of the applicant. Planning Commission Page 31 of 32 Thursday, October 12, 2023 - Minutes 14. PUBLIC HEARING A) CPA-2023012726 - COMPREHENSIVE PLAN AMENDMENT B) ZCA-2006660005-A13 - ZONE CHANGE AMENDMENT TUSCANY MASTER PLAN (RAINES RESIDENCE) APPLICANT: JAMES RAINES A) Amend the Comprehensive Plan land use category from PS (Public/Semipublic) to LDR (Low-Density Residential); and B) Amend a zone change/master plan to rezone from PS-MP-RD (Public/Semipublic with Master Plan and Redevelopment Overlays) to RS-6- MP-PUD-RD (Low-Density Residential with Master Plan, Planned Unit Development, and Redevelopment Overlays); on 0.3 acres located approximately 175 feet northeast of Olivia Parkway and Via Doccia Court, in the Tuscany Redevelopment and Tuscany Planning Areas. (Minutes/Discussion) This item was continued to the December 14, 2023, Planning Commission Meeting at the request of the applicant. 15. 2024 PLANNING COMMISSION MEETING SCHEDULE APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES DIRECTOR, ON BEHALF OF THE PLANNING COMMISSION Planning Commission shall set and accept a Planning Commission meeting schedule for the year 2024 in accordance with Article III, Section 1 of the Bylaws. (Minutes/Discussion) Andrew Roether, Planning Manager, presented a summary of this item. (Motion) Commissioner Dave Beason introduced a motion recommending approval of the Planning Commission meeting schedule for 2024 with a start time of 4:00 p.m. (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 32 of 32 Thursday, October 12, 2023 - Minutes IX. PUBLIC COMMENT (Minutes/Discussion) Michael Abbot, 89011. spoke regarding Item 14, stating he has concerns about population density. He said he believes additional investigation is needed to get the bigger picture. X. STAFF'S\CHAIR'S COMMENTS (Minutes/Discussion) Andrew Roether, Planning Manager, thanked the Commissioners for their time. Chair Jennifer Lewis thanked the security team and staff for their hard work in helping to carry out the Planning Commission Meetings. XI. ADJOURNMENT (Minutes/Discussion) There being no further business to discuss, Chair Jennifer Lewis adjourned the meeting at 4:57 p.m. APPROVED: _____________________ Jennifer Lewis, Chair