Planning Commission - Regular Meeting

Heat. [Music] [Applause] [Music] Heat. Heat. [Music] Heat. [Music] Heat. Heat. [Music] [Music] Good evening. We'll go ahead and call the June 18th, 2025 planning commission regular meeting to order. Uh confirmation of posting and roll call. Thank you. The agenda was posted in accordance to Nevada open meeting law and all members are present. Thank you. Please stand and join me in the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

We will now open up the uh initial public comment period. Anyone wishing to be heard during this initial public comment period. Folks may also call in at 702589629 for the initial public comment hearing. And seeing none, we'll go ahead and close. Moving on to agenda item number one for possible action. Yes. And and there will be ample public comment time for the agendaized items at that time for those things so moving on to agenda item number one for possible action. Approval of the minutes of the April 16th, 2025 regular meeting. I have a motion. Motion to approve. I'll second it. I've got a motion and a second. All those in favor say I. I. I. All opposed. Motion carries. Moving on to item number two for possible action. Matters pertaining to approximately.7 acres located at 800 Nevada Way. Nikesha. Uh, good evening, Chairman McDonald, members of the commission. Nikisha Lion, city planner with the community development department. So, item number two before you tonight is consideration of a conditional use permit application. This is to allow outdoor sales, specifically a food vendor trailer at 800 Nevada Way, which is located at the intersection of Nevada Way and Date Street, which you can see on the screen. The applicant would like to operate a food vendor trailer known as BC Dam Tacos, which serves Mexican

style street food. And they're currently operating uh behind the BC company store uh which is under our mobile vendor business licensing provisions. And this allows um a mobile food truck to be parked for a period of no more than four hours in any one block. Uh however, the applicant is seeking um a permanent location to improve operations and also to allow for um extended hours. Uh so the Boulder City Inn is a motel that's located on the subject property and it has been there since the 1940s. Um as you can see on the screen, uh there is an open paved area along the front of the property where the trailer is proposed to be located taking up about 112 ft of space. The applicant intends to operate Monday through Friday uh from 11:00 a.m. to 8:00 p.m. at the proposed location. The subject property is zone C2, which is our general commercial zone. As food vendor trailers are not specifically identified as a permitted or conditional use in any zoning district, the uses outdoor sales display areas, including new and used automobile sales, has been previously interpreted to support similar requests uh incluses uh inclusive of a previously approved application for BC Dam Tacos uh when they were located at 708 Canyon Road. This was back in 2017. As this type of use is conditionally permitted, an application must be considered and approved by the commission for the food truck to operate permanently at this location. The narrative and the applicable drawings associated with this request have been included in the commission packet that starts on page 21. Per city code, the commission must evaluate this application based on several factors to ensure that the proposed use aligns with adjacent uses and structures and will not be um detrimental to the health, safety, morals or the general welfare of the

city. So there are five criteria that are outlined in this specific section for conditional use permit. Um so at minimum they must be found to be satisfactory as it applies to the specific permit and then further details regarding conformance with each of the criterion um based on the applicant's response and staff's analysis that's provided on pages 14 to 16 of the agenda packet. So, just to summarize uh staff's analysis, the subject property's master plan future land use designation of community commercial does not specifically identify vehicular or temporary uses such as a food vendor trailer. However, it does support a range of commercial uses to serve the community and it states that these should be generally located along major or main thoroughfairs which uh the proposed use aligns with. The proposed food vendor trailer is compatible with the adjacent lane uses in the vicinity uh which includes other restaurants, motel, and commercial uses um and has limited impacts to the existing residential uses that are near the area. Uh given the existing site and the proposed use, no negative impacts are anticipated with the proposed food vendor trailer occupying a small portion uh of the prop property and it's going to be set back about 20 ft from back a curb. Uh no uh external modifications to the building height that exists there. Bulk lighting, landscaping, uh ingress and egress, loading facilities and waste disposal as it pertains to the motel are proposed. Um nor will these items be impacted by the food vendor trailer. Uh the code does not provide specific parking standards for this type of use. However, there is adequate parking serving the motel that can be shared with the food truck as needed. The request does not present concerns regarding noise, odor, traffic, or nuisances to surrounding properties. And all essential public services are already in place for the food truck to

connect uh which is required um by the uh health department. The community development department, utilities, fire, and public works departments have reviewed the application. They don't have any concerns. The utilities department will require a grease trap interceptor um once the applicant connects to the sewer system. And then the building division will require um any power connections to be in conformance with the applicable electrical and fire code standards. And then the applicant would need to obtain the appropriate building permits in order to uh connect to power and install the grease trap. The commission has the option to approve modifications to this request if they deem necessary. The application was noticed in accordance with state law. We've received one written public comment which was provided to the commission that's in support of the proposed food vendor trailer. Uh so the community development department respectfully requests that the commission tonight conducts the public hearing. Considers the conditional use permit and makes a motion to either approve subject to conditions or deny uh based on staff's findings as noted in the resolution for the conditional use permit. Um and the uh motion language is also available on the screen if needed. Uh staff is available for any questions that the commission may have. The applicant Rolando uh Madrino, he is here, the owner of BC Dam Tacos, and he can answer any questions that you have as well. Thank you. Thank you, Nikisha. Uh any questions of staff before we invite the applicant up? Yes. Go ahead, Matt. Could you please uh state the name of the business, the applicant? Um it's not in the packet that I Yeah. And in the future, could that be included because this happens quite often. Yeah, absolutely. We can include that. So, it's Rolando uh Madrino for BC Dam Tacos. Um and it it is actually on

I don't mean I mean the motel. Oh, uh sorry. The Boulder City Inn. Oh, okay. So, the property owner's name is in the agenda packet, but the um property is under a different LLC. Okay. Thank you very much. Any other questions of staff? Were on the previous cup that BC Dam Tacos held, were there any violations or concerns reported during that time? Not that I'm aware of. Thank you. Okay, at this time, we'll invite the applicant up. Hello. Good afternoon, Rolando. Always good to see you. Thank you, Hurts. Um, if there's anything that you'd like to add to the presentation, anything? Um, otherwise, we'll open it up if there's any questions uh for the applicant. You know, uh, I would like to clear some things. a lot of misconceptions that the health department closed me in 2021. Uh they they enforced some rules uh uh regarding the disposal of gray water and getting fresh water uh which we felt that we just couldn't do. It wasn't feasible for our business. So, we were able to correct all the violations that they got us for that day. But moving forward, we just decided to close and I emailed the health department and informed them that uh we're us as a family decided to close uh the taco truck at that time. I knew down the road that we would attempt to reopen and we have and uh BC Company Store has been a blessing there, but uh it's it's limited

to what we're able to do. We're only open uh basically 12 hours a week and uh kind of hidden back there. A lot of people don't even know we're open, but uh you know, I've uh always uh try to be an asset to the community. I challenge you guys to find my only marketing is Facebook and I challenge you guys to look on there and find much pictures of our food. You will find more pictures of our competitor's foods because I believe competition makes us all better. And I've always promoted all the businesses in towns regardless if it was Roberto's at the time or Havanto or anyone in town because I I firmly believe there's enough residents in Boulder City to support all the businesses. Um so if you have any questions Thank you. Any questions for the applicant? I've got a couple for you. Um we you identified um the water issue, the gray water and fresh water. Will that be resolved uh at this new location? The at the time I wasn't aware, but the health department had passed new regulations that a food truck can be in one location without moving if it is fully plumbed if it has water, power, and sewer. the Boulder City in right where they covered their old pool. Well, to have that pool there, they have water, power, and sewer. So, it worked out perfectly. We went, we looked at it. Um the health department now, if if it passes, I would have to get a hold of the health department. They'll come and inspect the water and they'll give me the thumbs up, at which time then I will move forward if it passed today. Uh but yeah uh it has a a clean out for sewer. It has the

main line comes in for water and it has power. Beautiful. And then uh you'd mentioned that it's for kind of keeping your mobile truck uh stationary. Yes. Would you still then be able to unplug and go and service the truck if it's needed or take it because once a year it still needs to go out for get get inspections and go through its uh process. I need to take it up to a commissary to Vegas. They have to inspect the uh fire system and the propane system and whatnot. So even though it will be hooked up permanently, I will still have to disconnect it once or twice a year for its regular maintenance. But you're not going to be disconnecting nightly and making nights. Right now I'm mobile. I have to move every night. Um which uh yeah, it's very difficult right now. Excellent. Uh any other questions for the applicant? Thank you very much. Thank you, Fritz. At this time, we'll go ahead and conduct the public hearing. Uh, anyone wishing to be heard on this item, folks may also call in at 702-589-9629 [Music] hearing. And seeing none, we'll go ahead and conclude this public hearing. I will bring it around and entertain a motion or discussion. I move to approve resolution 1269 which includes findings and conditions for approval of CU25-283. I'll second. I've got a motion and a second. All those in favor say I. I. All opposed. Motion carries.

Moving on to item number three for possible action matters pertaining to Boulder to Boulder 350, a proposed future single family residence subdivision, 122 lots in the R17, R110, and R115 single family residential zone located on approximately 44.98 acres of land commonly known as track 350. Nisha, uh, thank you, Chairman McDonald. So this is a variance request to reduce the minimum required front setbacks that are applicable to certain housing plans for a proposed single family subdivision known as Boulder 350 or um Boulder City subdivision number 115. This proposed subdivision is located along the Boulder Creek Golf Course on approximately 44.98 acres southwest of the intersection of Adams Boulevard and Bristol Cone Road. Um, I'm sorry, Bristol Cone Drive, which you can see on the screen. On May 15th of 2024, the city and Toll South LV LLC entered into a land sales agreement to sell track 350 for the development of 122 um lot single family residential subdivision. And so to enable development of this tract, the applicant has begun their initial land entitlement process which includes a submitt of parcel maps, tenative maps, um subdivision exceptions, development aotments and variances, two of which are before you tonight. So the applicant is requesting minimum uh front yard uh setbacks that are ranging from 8 ft to 19 ft dependent on the housing plan. So here's this chart. Um, and our city code requires 20 feet for the R17, R110, and R115 lots. So, the subject property is split between three zones, which I will show you

on this larger one. Um, so the yellow represents the R17 lots, which are along clubhouse drive. blue uh for the R110 which is along a portion of the area that abuts the golf course and then running along Adams Boulevard and Brisl Cone Drive and then purple represents the R115 zoned lots uh which directly above the golf course. Um there are two divisions of home developers within this proposed future subdivision. So Storybook Homes and Toll Brothers. So, eight of the 10 proposed housing plans encroach into the required front uh setback from a minimum of 1 foot to a maximum of 12 ft. As you can see on the screen, the variance uh is going to be specific to the associated housing plan and applies to the livable space um for all of the housing plans except for the Aoyan plan. Uh hopefully I said that correctly. Um which the reduced setback would also apply to the garage, but in all the other cases, the garage will be required to maintain the 20 foot front setback. Um so the applicant is proposing three specific housing plans for the storybook homes that are applicable to lots in the R17, R110, and then there's some R115 uh zoned lots. Uh, so this is located off of Clubhouse Drive along proposed streets J and K, which you can see on the screen. Uh, only three of the lots in this area are zoned R115 um, in which these housing plans will be offered. Um, and then the applicant is requesting variances for two of these specific housing plans. Um, so the variances, one is for the red uh, brook. Um and so they're requesting

a one foot reduction. So the setback would be 19 feet uh to the livable space. And then the sun bridge uh they are requesting a 5-ft uh reduction. So 15t front step back to the livable space of the house. Um the applicant is proposing uh four housing plans for Toll Brothers applicable to the lots that are zoned R110. the major majority of which are interior to the subdivision or they abut Adams Boulevard and Bristol Cone uh Drive as you can see on the screen uh which are the lots that are in blue and the applicant is requesting variances for three of the specific housing plans in this area. Um so the Aoyan uh which would have an 8T front setback so that's a 12T reduction. Uh, Birdwood would have a 17 foot front step back for the livable space. So, three-foot reduction and Chapperel, hopefully I'm saying that one correctly, will have a 15- ft front setback from the livable uh portion of the home. And then moving on to the R115 lot. So, there's three housing plans for Toll Brothers proposed in this area. Um, and those are the lots that are indicated in purple. the ones that above the golf course. And so the applicant is requesting variances for all three of the proposed housing plans within this area. Um so the par view uh would have a set back of 17 ft from the livable space and then the sand crest would have a setback of 9 ft 3 in and then the sundale would have a setback of 16 16'5 in.

Um, so a detailed overview of the applicant's justification as well as staff's analysis uh is provided on pages 32 to 34 of the agenda packet. So, city code does set forth the criteria which is on screen that must be met in order for a variance to be granted. And it is necessary that findings be provided for all five of the criteria for the variance to be approved. Failure to um not meet any one of them is a sufficient reason for denial of a variance. So beginning on page 32 of the agenda packet, staff has provided the applicant's response and then staff findings regarding each of the criteria. Uh to summarize the applicant's justification, um they say that the subject property has an overall irregular shape and narrow uh width inclusive of uh a nonlinear property line um that runs along the majority of the adjacent golf course, which is resulting in non-uniform shapes for many of the proposed lots. The abandon states that most areas within track 350 are only wide enough to accommodate two rows of homes with a central street and the overall width of the subject property constrains the site layout, limiting variation in site planning that would otherwise allow for different street layouts, lot widths and depths. And due to these constraints, the reduction in the front setback uh of the majority of the housing plans would allow the subdivision to compare more equitably to other residential subdivisions that are governed by title 11, which are typically divided by straight lines, whether they're vertical, horizontal, or diagonal that allow for more uniform quadrilateral lot shapes, uh which is not the case for the proposed subdivision. The applicant also states that similar variances were granted for uh Boulder City subdivision number 113. So that's uh Boulder Hills Estate that's across the street from this subdivision uh due to the lot um irre irregularities. Sorry. Uh caused by the

uh curve linear streets that are within that subdivision uh in which the city approved a variance that would allow for a minimum front step back of 15 ft. and that was up to uh for up to 75% of those lots. However, Boulder 350 um the proposed subdivision in front of you tonight has even more irregular lots and curve linear street configurations in comparison to that subdivision, thus requiring a greater variance from this requirement and making the subdivision even more of a candidate for these variances that are before you. The applicant states that allowing more front house forward designs will offer a newer, more aesthetically uh pleasing streetscape while meeting the demands of discerning home buyers who are uh limited in their housing selection. And um the home builders have already kind of observed strong interests from current Boulder City residents in purchasing a new home that would provide uh newer architecture. The applicant's justification also states that the variance would provide added benefit to the surrounding properties by offering more value to the homes that are being constructed which would help benefit surrounding property values as well and that the variance will not be uh materially detrimental to the public welfare or injurious to the property or improvements of the vicinity and zone and will not adversely affect or be contrary to our comprehensive plan. Um their uh justification also states that the uh request will not create a pattern or constitute a change of code due to the subject properties unique characteristics and condition. Um so not formulating a new regulation. So the justification applicable drawings those are included in the agenda packet starting on page 39. Uh so based on the information that's before you tonight, uh staff offers two options to the commission regarding the requested variance. Uh language for that begins on

page 35 of the agenda packet. So the first consideration is for conditional approval of the variance as the request does meet all of the criteria with consideration to the overall irregular shape and narrow widths of track 350 which creates site constraints and limitations that are not necessarily applicable to other residential subdivisions that have more quadrilateral shapes. Uh, as the ability to design a subdivision with standard lot dimensions and layouts commonly found in other residential areas within Boulder City um is limited, a more curve linear street layout is necessary, which is resulting in numerous uh of the proposed lots being of a regular shape and that hinders the developer's ability to meet the standard front setback requirement without compromising site functionality and housing form. Uh these conditions also limit the site layout and configuration of streets, lot widths, and depths um that are not comparable to or are more significant than other R17, R110, and R15 zone residential subdivisions. Uh the requested variance to the front setback standard is intended to allow for um appropriate flexibility in the home design uh based on the conditions of the site, allowing the property to be developed in a way that is equitable to surrounding subdivisions and providing more of a house forward um home design and streetscape that uh would be enhanced uh aesthetically and meet the needs of home buyers that are seeking newer architecture and greater design um variety to to meet market demands. Additionally, the city has allowed similar variances and that is further discussed on page 37 of the agenda packet. So, if conditionally approved, the standard condition that the variance is based on the plans and the information submitted for this request and shall not apply to deviations to the plans if the scope of the variance is

expanded beyond what is shown is associated as a condition. The second consideration is for denial of the variance as criteria A and B are not met. So for criterion A, there are no exceptional or extraordinary circumstances or conditions that are applicable to the property or for its intended use that do not apply generally to other property or classes of use in the same vicinity and zone. So, while the property does have some irregularities in regards to its shape and the widths, these characteristics are not necessarily uncommon in Boulder City um where our natural topography, golf courses, and curved roadway networks um do often result in non-uniform lot shapes. Uh curve linear street layouts and variation parcel dimensions occur throughout residential subdivisions within the city. uh particularly uh subdivisions that are located on the lakeside where developers were able to comply with the base zoning standards without the need for a front setback variance or with a limited reduction in that requirement. The challenges cited by the applicant appear to be design driven and anticipated at the time of subdivision planning rather than resulting in uh from unforeseen or unavoidable constraints. Uh for criteria B, the variance is not necessary for the preservation and enjoyment of substantial property right possessed by other property in the same vicinity and zone which is denied to the property in question. So the ability to have a single family residential subdivision is not denied to the subject property itself regardless of its irregular narrow shape. The applicant's proposed designs are a preference rather than a necessity uh for achieving reasonable use of the land. And the request to allow alternative design options for architectural variety or market appeal does not constitute um a denial of a property right uh but rather reflects a desire for design flexibility that is not usually guaranteed by zoning. Um so the applicant could redesign the um eight of the 10 housing plans that they're seeking a variance

for in order to meet the front step by requirement of 20 ft. Um, also, uh, staff has kind of gone through all of the the lots and how the housing plans fit on them. So, there is adequate room on the lots for the homes to be kind of constructed in a way that would meet the front step back. Whether they're just moved uh to the rear, moved up to the front, kind of just depends on what it is. Um, so this variance has been noticed in accordance with city code. We've received six written public comments um, since the agenda was posted. So, those were provided on the dis. Um all of those are in opposition of the variance request. Um in regards to approving the variance, uh Holly, if you could put that on the screen. Thank you. Uh so the commission has the option to approve the requests uh in whole or in part and they may associate conditions or modifications to their request. So this includes approving a lesser variance than the applicant has requested, approving the variance for specific housing plans or models, and then modifying the findings and requiring additional conditions. Uh in this case, if those modifications were to occur, uh separate motions should be made for each decision and uh the motion language must clearly identify which components are being approved or denied. Uh so the request before the commission tonight is to conduct the public hearing and consider the variance and make a motion to either conditionally approve or deny the request based on staff's findings. Uh we do have motion language that is on the screen and staff is available to um assist with any modifications in that language. Um we're also available to answer any questions the commission may have. Uh the applicant is in attendance tonight. So that's Isaac Summers. He's the vice president of land development with Toll Brothers in Storybook. and so he can answer um any additional questions that you may have. Thank you. Thank you. Any questions for staff to kick us off?

No questions for staff. We'll invite the applicant up. Pardon me for a minute while I get set up here. No worries. And once you're ready, state your name for the record and uh uh we'll let you take it away from there. Can you put it on the other side so it's on camera? Yeah, I think uh there we go. Um Isaac Summers is representing the applicant Toll Brothers um the vice president of land development and happy to answer any questions. Uh uh staff did a great job. Uh Nikesha is awesome. So, uh she did I feel like she did a lot of the heavy lifting here. Uh but a couple of points that that she made regarding the the design of the site plan. You can kind of see the the narrow uh long layout of the site kind of made it difficult to do much to conform aside from putting a street down the middle which then kind of dictated how the lots fell. So that created a lot of lots that are irregularly shaped, kind of forced to be in the area that they are versus, you know, the street versus the property line adjacent to the golf course. Uh another big consideration is the the architecture for these homes. Uh I have a couple examples here. I'll I'll show you that. Uh Toll Brothers prides itself in architectural offerings that really give a uh modern aesthetic um that that give home buyers different options when they're considering a home. And it also allows the the streetscape to to not

just be so linear that it it doesn't calm it's not traffic calming. People feel like they're driving down an an airport runway. It really allows a lot of variances in in house forward designs, uh, landscaping variances, things that kind of make the the community seem um a lot more appealing. Let me show you a couple of uh uh this is one example of you can see the the house forward design here. Um so this this example I'll give you uh couple variations. So this for example would be maybe a couple feet forward uh where the previous example would be more like the five or six feet house forward design. So, as you can see, it's it's uh we really do pride ourselves in the architectural offerings and and we think this is going to be a great product to bring out to um to the home buying public. Um I'm available to answer any questions that you may have. Questions for the applicant? Yes, please go ahead and start us off, Luke. Uh thank you, Isaac. Um, under one of the criterion for the variance, it says the applicant states that variation in front setback is beneficial in providing more options to potential home buyers. What do what do you mean by that? Is that just like a choice among floor plans? So, the the different floor plan offerings a lot of times will if you have a traditional house setup where you have garage and opposite side of the house, it gives less variation to the rest of the layout of the house. So if you're able to stagger and say bring the house forward for example, it gives you a lot more offsetting interior design rather than you know a traditional you

walk in the front door, you have a room, a hallway goes back to a kitchen and dining area and and everything is kind of structured the same. Um, maybe maybe I'm a little biased because I see a lot of homes in my business, but you you really offering different variation in interior floor plans is a is a big deal to home buyers. So, we're we're able to give ourselves more ability to do that by giving more of that variation between the house and the garage. Thank you. And just as a followup, um, and I can't remember during the storybook phase because I'm traumatized by that whole that whole development, even though I live in it. It's a beautiful development and it's a very nice, happy neighborhood, but I remember the council meetings and the planning commission meetings and um, so please tell me, are the lots already designated for a certain um, home floor plan? No, what what we do is we have we call them collections. Um, so Nikisha went through the the R17, the R110, and the R115 collections. So each of those homes are allowed to be built on one of the zoning classifications for that home. That's that's what we build a lot of our uh our proforma financials on. We can't just offer any home on any lot. Maybe it doesn't fit. There's different variations that restrict that. So, we try to tailor each of those collections to the homes and the areas in the community w which we want to develop them on. But but the home buyers do have the option to say, I I really like this lot. I really like this floor plan. Let's put those together and and see if we can make a deal on that. So, I have a question. So, you guys created the topo map, right? With with the with all the lots and lot sizes, the the site plan. Yeah. Yes. Yes. So, when you guys did that, did you are these homes like pre-esigned homes you already

have and you're just trying to fit them on from other subdivisions or Yes and no. What what we try to do is uh we're not your we're not your prototypical track builder. Toll Brothers really prides itself as America's luxury builder. We do like to use products that have worked well for us in the past which may may be in existing communities either in the Las Vegas Valley, uh, California, we even go to the East Coast, South Carolina has a lot of great products. As a national company, we're able to pull together all those resources to say this product worked really well in this market. It may be a good fit for what we're trying to designate it for here in the Las Vegas Valley or in Boulder City specifically. So we we take that product and we say what worked and what didn't and we try to massage it. So not not every development ends up exactly the same. You can't go look at a floor plan uh and and see the exact same thing in another development we're building across town. There's there's very little of that. So we do try to offer a lot of variation. So you could design homes for conformity on these that still have the same uh curb appeal. They just have to be smaller. So you're just trying we're just trying to maximize square footage homes square footage of the lot. No, it's not it's not maximizing square footage. We we could we could design to the 20 foot setback as a standard, but then what what that does is it creates more of a a straight line u setback. So you have street house straight. So, how often did you come in front of planning commissions to get setback variances on other subdivisions you do throughout the county? Whenever it's actually not required as so I I'll give you a couple examples. Uh, cadence, it's actually a requirement to have house forward designs. Uh, those are even more stringent than the rest of the city of Henderson. We do a lot of building in Summerland. Summerland requires a house forward design and that's that's again just because the the fit and feel of that aesthetic having that house forward

design is much more appealing to the streetscape much more appealing to home buyers and that's kind of where the market has been trending over the last few years. Okay, thank you. But but you are correct where where it is a requirement to have a a flat 20 foot setback where we need to go in for a variance we we will. Yes. Thank you. Um, I've got uh one question and looking at these lots and and the biggest difference between Storybook is the lot sizes and many of the variance on those uh forward variance requests were because we were dealing with dramatically smaller lot sizes. Maybe I'm just really simpleminded. Why not just push the house back? You've got 15,000 20 I mean these are ginormous lots and I would think that $900 million homes have even probably larger driveways than what a standard 20ft driveway would be. So why can't we just move the house back? it. In theory that would work, but when you imagine you're a home buyer going and you say, "Well, I could have my house still have a 20 foot front driveway and have that house forward, which encroaches into the front yard," which not a lot of people utilize their front yards here. As a home buyer, you look at that and say, "Well, now you've you've just shrunk my backyard. If the lot is 50 feet wide by by 10 feet, you've just lost 500 square feet of usable yard space." That is more valuable as a home buyer. So in the spirit of maximizing backyard space, we would just take it from the front yard is well while offering other benefits as well to the home in that the design features, the interior design features, the street the street design features that it offers traffic calming uh mitigation for for the streets. But we could do that. I mean you could opt to go 25 ft back if you wanted to create that look and appeal. You could do that

within our current codes and constraints. You would just be chewing up more of the backyard. Yeah, that that 20 foot set back as per code is is a minimum. So, yes, you're correct. Thank you. Any other questions for the applicant? Yes. Go ahead. How many of the how many lots require the 8 foot setback? We won't because the the setback uh variances are by plan. We haven't pre-plotted the community yet. Yeah. that that only happens as we go through and and start start doing sales to market and start getting uh we we will look say say the the plan that's that's an 8- foot um variance say all of a sudden that becomes a very popular plan. We have to deter we have different ways to deter the people from only wanting that plan. that's the best plan. We can start increasing the price on that to deter more people from buying it so that it becomes an even balance of construction of of different models constructed throughout the community. We're not going to have a community where it's the exact same plan for 122 homes. So, thank you. Uh no other questions for the applicant. We've got a public hearing to conduct. We'll now open the public hearing uh for this item. Anyone wishing to be heard may do so at this time. Please come forward. State your name for the record. Jeepson. I live at 14 sorry 1541 Sunrise Circle. Um I appreciate you listening. I love this. Um I just want to first of all ask a couple questions. Are is every um driveway to the garage 20 ft? Yes, we're not allowed to ask questions. No, just comment. But thank you, ma'am.

Um I just want to make sure that the 20 ft is stays for the garage. Um I actually am not too worried about the the house forward because I do actually like a little bit of a this. I'm not sure if 8 feet is sufficient. I think that's kind of on the heavy side to have only 8 feet from your sidewalk be that house. I think that's kind of a little bit on the edge on that. Um I I have a little confusion on whose story which ones are story book and which ones are Toll Brothers. Um we it's kind of beautiful to see the Toll Brothers that level of quality. I really love and I was hoping to have them alto brothers um and to be able to have that quality. I think we are um what a great opportunity it is to have these homes that are around this golf course. It is such valuable land. It's the only one in Clark County that we're going to have houses last these last few houses on golf courses. And I just love the the idea of having all good quality and beautiful homes there and making sure those setbacks for those at least the driveways are keep at that 20 and maybe please go a little bit more than the 8 ft. That seems fairly extreme. Um thank you Jody Jeepson. Thank you. Anyone else wishing to be heard? Hi. State your name for the record. Kathleen Morris, 1000 Legacy Drive. So, I live in the culde-sac that would be off of Bristle Cone and um we had a we had a meeting that the the neighbors went to and Toll Brothers was there and I'm really disappointed that they didn't

have another meeting to go over some of this with us because I I think that the variance 8 foot is is really too small and my son is also a land developer developer and he looked at at this and he thought that There could have been some other changes made and so I'm kind of against most of these variances and and hope that the builder goes back. I think Toll Brothers is good. I the idea that some are going to be storybook and some are be told to brothers. I don't think that's what we voted for when when they gave them the bid. It was supposed to be Toll Brothers. So now it's some houses are going to be storybook and my daughter has lived in two storybook houses and um storybook was not easy to work with when she wanted to maybe change her flooring or do better baseboards or and I know Toll Brothers is known for letting people do that. So the idea that we're going to have storybook homes and and not Toll Brothers, I'm not for that also. And I and I think that Toll Brothers really should have had another neighborhood meeting. And the other thing that I would say is that the idea that you didn't have to give notice to all the people that live around there. I did not get a notice. I don't live within the so many feet, but we're to we are affected by this development and I think everybody right around that area should have gotten noticed and I think Toll Brother should have had another meeting with us. Thank you. Thank you. Anyone else? Good afternoon. Uh my name is Victor Miller. I live at 1540 Heritage Way about 50 ft from this development. I need to state that I am here appearing and making my comments based upon that relationship of of a a

neighbor and not as my position with the city as municipal judge. So, this has nothing to do with the court. I just have uh two I think comments that are I believe are important in considering these requests for variances. First off, the the developer knew what they were buying and they knew what the zoning was for those uh lots. And now I think it's terribly ironic that they would design this floor or this uh plot plan and design these lots and then come in and stand upon their request for variances because the lots that they designed are irregular. They knew what they were getting. they could design them uh lots that would not be irregular and wouldn't require um variances. Additionally, the developer, as I understand it, my recollection being in a meeting where they were told, "We're not going to do the uh the storybook thing again where we have variance and variance and variance. You know what it is? We're not going to entertain variances. Build according to the zoning." And uh because of those uh two points, I would recommend that their request be denied. Thank you. Anyone else wishing to be heard on this matter? Good evening, Tony Simonyini. Um I live across the street from the development. I'm on 1336 Sequoia Street. Uh, I was going to ask a question, but there's no questions. Correct. So, let me see. It's just the opposite of Jeopardy instead of putting it in a I have to make it a statement. Um, they toll brothers

separated their their designs to have two different developers developing so they could double the amount of homes that could be built in one year. That's a statement because I can't ask a question. Yeah, that's why they did that. And I thought a bull the city's audience is only developer can only do so many homes each year. I think they got around that. Thank you. Thank you. Anyone else wishing to be heard on this matter? Yes. Hello. Thank you for your time. My name is Heidi Stevens and I live live at 1507 Sunrise Circle and I feel like I am not in favor of them um changing the setbacks um from the 20 to the 8 and 18.6 or 86. Um I feel like the neighborhood would be jeopardized if you did that. I feel like um Toll Brothers is a great builder and they could make it look amazing if we did deny that. And I'm only in favor of Toll Brothers and not also Storybook, but I believe um I feel like Storybook and Toll Brothers um they did a great job in the Boulder Hills community. So I would feel that if they could do that same plan that that that would be great. So thank you. Thank you. Anyone else wishing to be heard on this matter? As a reminder, folks may call in at 702589629.

Good evening. I'm David Picket. live at 1533 Independence Way. Just want to boil it down that this variance request is actually an admission that the design is bad. Uh this builder is trying to fit too much into the space. Um from what I've heard, they've not met the criteria for granting a variance and so I'd request that you deny it. Thank you. Anyone else wishing to be heard? And once again, the number to call in is 7025899629. Hello. Um, my name is Joanie Alvarez. Hold on. Wait till you're to the microphone. Joanie Alvarez. I live at 1415 Yusede um in the storybook community. I'm very concerned about the variations of sizes. Um, and I understood from the presentation that there were some variances at storybook and the present the precedence that's being set here with the variations could not only be this new development, but this will snowball into other developers, other contractors coming into our community, which eventually will cause a new presence in our building codes. So, I'm very concerned about the short lot sizes that are going to be started because you're changing where the house is going. 8 ft setbacks is way too small. There needs to be a deeper setback. And if there's a variation in the story book where it's 15 ft setbacks, that's different from the 20 foot, you've already set that precedence. And so my concern is the president is going to be changing even more radically.

Thank you. So I do not agree with that. Thank you. Anyone else wishing to be heard on this matter? Hearing and seeing none, we'll go ahead and close this public hearing. Bring it around to the DES for further conversation or Um I will kick us off uh I guess to start some conversation as I think some of the plans I I I fully understand the idea of not trying to make it a runway. Um, and what we did with Storybook, just as a reminder, was give them uh up to 5 ft and up to 75% of their homes. That way, we're not nitpicking which model and which location. Uh, but that's how we handled it with Storybook. And I think if we are going to uh entertain some of the setbacks, looking at that out of all of the plans presented, that would only make them have to go back to the drawing board on three of those plans throughout the development there. Uh allowing the other 75% of their floor plans still land where they thought they would. Yeah. But um they designed the lots, they designed the homes, they could have conformed. So um you know, they're going to build a beautiful subdivision. They're just going to be set back. They're going to have big, beautiful front yards that are that are, you know, usable. Um I I think that we probably shouldn't have done storybook. I wasn't part of that. Um because now are we going to set a precedence that it's going to be 15 ft everywhere? So, you know, are we, you know, so, um, you know, especially because of, uh, you know, you you could have eliminated some lots you could have done

differently. They have they have design teams. They could definitely design them. You're still going to have those same houses there. They're just not going to be as close to the road. So, they're still going to be set back. They're still going to have variances on um, their distance from the street. You know, the some of the driveways are going to be 25 ft, 26 ft. you know, um which is great because you don't want a bunch of people parking on on the street anyway. So, um that's kind of my feeling on it. Um you know, they they definitely could could make these work. Um they're trying to maximize square footage for the home. Uh Fritz, I I agree with everything you say. I um I would be in favor of granting a variance equitable story book anything 5T or under just as you said. I think um I just don't see any negative impact in doing so. There's been a lot of storybook hate today but uh our I just don't see any negative impact in doing that. And as a home buyer I would prefer more room in the backyard. Um I don't think 5t is a a big deal. And as far as setting a precedent, um, we do not, it took three times for this property to go to the voters before it passed. We do not build large subdivisions here. And I, um, I think they're a great company, and that's kind of my feeling on it. Any other discussion? Yes. Go ahead, Matt. Um, my initial concern, um, which was kind of reinforced by the emails I've got and the people who spoke tonight, um, is parking, for instance, um, I don't think 8 feet from the, uh,

from the garage to the sidewalk is feasible in any any way. Uh with the number of people driving big trucks and SUVs, um people will naturally be blocking sidewalks and have their vehicles sticking out into the street, which means more on street parking, which means more problems for um for the people in that neighborhood. Um so that's my primary reason to be against this. Um, and as far as the private streets part of this, I see no need at all for a private street. I mean, what comes next? Gated community. We just don't do that in Boulder City. Thank you, Nick. Nick Kesha, they are required to provide the 20 foot setback on the garages, right? Um, they will be. Yeah, they are going to be doing that. um they could have requested that in the variance, but these variances are only applicable to the livable space. So the driveways will still meet the 20 ft. Thank you. Um any other questions, comments, concerns, anything uh discussion there? I would just like before we entertain just as if there is uh depending on the vote or anything going back there was couple of other things that I noticed as this is kind of our preliminary our initial stab at it here although it wasn't required uh in the RFP I don't see any sort of green space I know that there's the idea that there's going to possibly be uh a covered section of a sidewalk area there. Um, and many of the models in many of the locations as you dive in and look through it, uh, are not going to be

conducive to RV parking. So, just like as like the idea of an elongated driveway is kind of a little more of what you would expect in this area. um green space and guaranteed RV parking I think are are two areas there. But uh that's my two cents. I will entertain a motion and we can once again we can entertain several different ways to take it item by item on all of their different models. Do it all as one lump sum. Probably going to have to take a couple stabs at it. So, I'm going to move to deny V25680 based on the findings have uh contained with the staff report. I'll second. I have got a motion and a second that is all-incclusive denial. All those in favor of that denial say I. I. I. All of those opposed of that denial say nay. Nay. Motion carries. Moving on to item number four for possible action. Matters pertaining to Boulder 350, a proposed future single family resident subdivision in R17 R110 R15 single family residential zone located approximately 44.98 acres of land commonly known as track 350. Nikisha, thank you. Chairman McDonald. So, this is for consideration and recommendation to the city council on three subdivision exception requests um as it pertains to the previous property we were discussing, Boulder 350. Um so, these subdivision exception requests um are particularly in regards to a block

length extension, private streets, and then a centerline radius reduction. So section um 11-39-9 of the city code that provides that the city council upon recommendation by the planning commission may permit uh variations from the requirements um of our subdivision regulations uh for a proposed subdivision if determined that they are warranted because of the size, shape, use, physical or other conditions of the property or type of subdivision. So the first subdivision uh exception request relates to a block length extension which is detailed starting on page uh 89 of the agenda packet. Um so city code states that uh a block shall not exceed ex exceed 1,200 ft between intersections um except where uh topographic topographical and other conditions would require a longer block. Uh city code also states that the excessive uh excessively long straight residential streets uh conducive to high-speed traffic shall be prohibited. Um so the proposed subdivision particularly street B that is on the screen highlighted in red is designed with a length that is 1,250 ft and that exceeds the maximum block length by the 50 ft. Um the applicant indicates that due to the narrow width of the parcel where this street is located, there are no uh feasible alternatives to the current site layout that would um avoid the need for this exception. Uh as designed, street B meets emergency access requirements of the applicable fire code, uh including provisions for street width, fire hydrant placement, and dead end uh limitations, uh which will be maintained through the process and in the civil plan review. So, uh, if

compliance is confirmed during civil plan review when the fire department, uh, further looks at these details and approves them, um, the fire department doesn't have any, um, objections with this particular request. Uh, and the public works department also does not have any objections as well. Uh, the second uh, subdivision exception request that relates to private streets. Uh so city code states that streets and subdivisions shall conform in width and alignment um with uh the Clark County area uniform standard design for streets and highways. Additionally, city code states that street rideofways, pavement widths, and cross-sections shall conform with uh city specifications and standards. Uh so the Clark County area uniform standard design specifications and city standards. Uh that requires a uh 51 foot wide street with L curb and gutter uh which includes five foot wide sidewalks on both sides. And the applicant is proposing um 45 foot wide private streets with either a roll curve and gutter or L curb and gutter with 4t wide sidewalks um proposed on both sides of the street which you can see on the screen. Uh the applicant states that this street design is similar to uh storybook homes. So uh Boulder Hills Estates uh Boulder City subdivision number 113 uh which was utilized as a baseline for establishing lot sizes and site layouts. Um so as you may recall they uh that subdivision did receive a subdivision exception for 45 ft wide private street with roll curb and gutter. Uh there will be a homeowners association that would serve the subdivision and they would be responsible for maintaining the private streets. Appropriate public utility uh easements uh will be required. Uh if recommended for approval to the

city council, there is a uh going to be a condition associated with this that no RV or boat parking shall be permitted on the private street except for temporary loading and unloading. Um and the public works department again has no objections to this request. And the third uh subdivision exception request that relates to uh center line uh radius reductions. So city code states that curved streets shall have a centerline radius of not less than 300 ft on minor streets. Um primary and major streets shall have a centerline radius of not less than a th00and. So variation from these standards may be allowed by the planning commission uh in extreme circumstances. So, the applicant states that the intention of this code provision uh they believe applies to public streets rather than interior private residential streets um as proposed within the subdivision. Uh the applicant's design utilizes a minimum of 85 ft radi which more closely resembles private street requirements per Clark County area uniform standard design for streets and highways. The applicant states that to utilize a 300 ft radi within a private uh residential subdivision would severely limit the development of the subject property due to the very large radius dimension. Um and utilizing a smaller uh radius or radar uh promotes traffic calming in the subdivision as more curved uh the more curved nature of the streets uh deters traffic speeds um therefore creating a safer subdivision. Uh again the public works department does not have any objections to this request. Um and you can refer to the staff report and the attachment attachments for further details and we included larger plans on the dis um for you all to review as well. So the request before the commission tonight is to consider each uh exception request and then make a motion to either recommend approval or denial of each request to the city council using

alternative draft motion language. That's on page 91 of the agenda packet. And then we also have it available on this screen as well. Uh we have city engineer Jim Keane available to answer any questions that the commission may have and the applicant again Isaac Summers uh representing Toll Brothers is in attendance and he can answer any further questions that you may have. Thank you. Thank you. Any questions for staff? I learned more about curbing and how to properly measure street width than I thought I would ever learn in life. Um, thank you for a very detailed packet. Uh, we'll invite the applicant up if we've got any further discussion or questions. I did have one question. Is the city are the city engineer is he going to come up or the only question I have is um with the longer street with the roll curb. Is there any I'll wait till I get there. Hi, Jim Keane, city engineer. Hi, Jim. How you doing? Good. Um, the only question I have is if they go to a roll curb, usually those tend to be able to handle less runoff. Um, is there consideration for that long that long road or is it is it not not in an area that would matter? Um, it shouldn't be an issue because it's really just going to be the rain that's falling there. It's not collecting from anywhere else. Um, their drainage study didn't identify any issues with it either and it was analyzed with roll curtain. So, did they do the same drainage study as story book? Because I've had to set out sandbags at the very bottom of that hill last year with that big flood. The the only thing we are looking at and we've made a comment to them is at the very end where it does tie into the golf course. Tell us what's happening there cuz their drainage study hasn't figured that piece out yet. But the rest of the street I think would be fine. Beautiful. Anything else? Good. Thank you.

You want to come back up? Thank you. Unfortunately, state your name again for the record. Isaac Summers, uh, representing the applicant, Toll Brothers. Thank you. Happy to answer any questions. Again, staff laid it out very well. Thank you. Um just one question on the radius. We said it's more similar to what you find in residential areas and neighborhoods um around here in Boulder City as well. Is that typical of what you're going to see when you pull up through like the Delpra area in those culde-sacs? Yeah, you'll see those much tighter radiuses versus a 300t radius which is more for 25 mph and above traffic. So that is, you know, in addition to the street widths is a um allows for more traffic calming, uh especially which is what you want for a a residential subdivision. Perfect. Thank you. Any other questions for the applicant? Nope. Thank you. Thank you. Um we'll bring it around the day for discussion. Um my only point that I will point out is uh living within story book the traffic. We've got the the streets that are being proposed exactly here on the reduction. Uh and safety from having two young kids myself to being able to actually properly move around with big RVs, recreational vehicles. Um just personally attesting I have not seen or felt an issue with that. Uh but with that said, I will entertain further discussion or entertain a motion. We can do it one, two, and three. Or if you feel confident, we can do all three as a lump sum. Did you want them separate, Nikesha? Probably separate. Or can they do a lump sum? Sorry. If you want to do it all together, you can. I'm going to go ahead and do that. Then I'm going to move to approve. Let me get my cheat sheet here.

This item is not a public Where's the public? Where did we get your public? This is not a public hearing for sure. No, it is not. No, unfortunately. Um, where are we at here? Okay, so we'll combine all three. I move to uh recommend approval of the subdivision exception request for the block length, the request for the private streets, and the request for the centerline radius reduction to the city council based on findings that the request is warranted due to the size, shape, use, physical characteristics, and conditions of the proposed future subdivision in 350. I'll second. I have a motion and a second. All those in favor say I. I. All those opposed. I. Nay. We had one, two, three nays. Uh motion carries. Now, I don't know if I'm allowed to, but I don't know if there was one particular one that you had objection to or if there was anything over there, but uh uh the motion carried on that. Moving on to item number five, monthly progress report. Uh nothing to report. We will have our final public comment period. Anyone wishing to be heard during the final public comment. Hi Jody Jeepson at 1541 Sunrise Circle right across the street. Um I am great with the length of road because that's necessary because of that length of on Adams. I'm fine with that private

street. I think we need to think about that. Um it means they have to repave. If they have to do all these things, that means their HOA is going to go even higher. I'm not sure if that's um something we need to think about. The um the radius, I just want to make sure an RV can go smoothly in there because um our you know, we talked about this at storybook when we were a long time ago, how important it is to have RV parking. The people need it. They want it. It is very apparent throughout the whole city. we had this big huge discussion and I'm not sure we're receiving that in this these um floor plans and I think that we need to really think about that again it's very important you can look through storybook there are so many RVs parking that is useful and wonderful so think about that a moment the one thing I'm very upset about and worried and I would like you to please think about again is the street width now um the other three cults um Sunrise Circle and the others have a 51 ft width. You remember that story book tried to get a smaller width. I was out measuring my street. I was do I had a chart. I had a thing. It was amazing. But we cannot have these smaller streets. These less streets. Now we gave we gave it because they're not on a golf course. That's different. We are on a golf course now. These streets need to be at least match the community that are the other three cults besides storybook. They need to be uh the 51 feet. They need that. They need the sidewalks um to be the five feet length because this is on a golf course. Again, this needs to be a higher level, not the lower level. So, please think about that

width of the street. Um I also have a really um worry about the so many um streets that connect to Brisl Cone. There are that's there's six of them that are going onto Bristol Cone and I guess Greenway, but um whatever it is. Um I have a real problem with the current street. We have this beautiful bike path going down Brisl Cone right now. And where each of that bath where the bike path meets each street, we have this wide bike path. And then when you hit a street, you have the full length for Los Fenos, for Sunrise Circle, for Cario Court. And then when you come to Carl's path, everyone that's on that bike path has to condense into single file in order to go up that curb in order to get back on that path. That is very dangerous. People are not expecting it. You cannot. And these are kids on bicycles. These are adults on bicycles. I have had a problem many times because we have to like, okay, hold on. You go in front, I go in back. And it's very dangerous. And so I hope that you'll consider that when you do these streets. You have now have six more um streets and it's dangerous. Those need to be redone. um you have it on you have it done properly on Adams at Denali but that one is not accurate. So I would really um please talk about that street with Thank you. Thank you. Anyone else wishing to be heard during the final public comment? Folks may call in at 702589-9629. Dennis Walcott 13328 SEO history at part of the story book. First of all, I'd like to say I'm a little disappointed there was no public hearing on that second variance. Don't

know why. I'm sure you guys have your rules, but respectfully, Chairman McDonald, I disagree with you. Uh we live on Sequoia Street, 45 foot narrow sidewalks, cars parked on that street, kids on bicycles, kids on scooters. We've had close calls backing out of the driveway. Uh we've had close calls with cars parked on the opposite side. Uh it needs like the previous uh commentator noted it needs to be wider. It should be wider especially with 122 lots. Also it does need to have as you guys noted green more green space. We have three green spaces only one of which is practical in the story book community. Next the speed limit on Adams at some point will need to be addressed. We pull out onto a 25 zone Brisl cone or 35 zone on the east end of Adams. There's 45 down there. So, you've got those exits on that long long straight stretch that you you you're looking for trouble if you leave the speed limit there. Next, the straight stretch on Adams. Cars are going to fly down that. I I don't know why you guys thought that was a good idea, but that I it's it's a bad idea to have that long a straight stretch in a neighborhood with with streets that narrow. Thank you. Thank you. Anyone else wishing to be heard? Hello, David Picket again. Just wanted to um focus on one factual thing. My understanding is that the master plan calls for a median on Brisl cone, but I don't see one on the street section and details. Just making sure that that's being preserved as part of the plan. Thanks. Thank you.

Victor Miller again with the same disclaimer. Um, a a couple of comments and and I'm this may be for, you know, I know we're done here on this, but the comments I I know it's not over here. We're making recommendations to the city council, so we'll all be back. So, frankly, I would take uh Sister Mor or Mrs. Morris's suggestion to get together with the neighbors. That's just a suggestion before we get to city council because this this may not have been pleasant. You wait till a city council meeting if you don't meet with us before. Okay. Second off, um you know, we talked about traffic calming several times here and then uh as Mr. Picket said, there is, you know, we had the traffic calming islands in Brislone. I hope they're still there. I I haven't seen those yet, but they are in the master plan. uh and that has not been modified. Additionally, there was comments made that the homeowners association would assure certain things. Well, my recollection when I practice law and did a lot of homeowners association work, there needs to be a common area for there to be a homeowners association. And I I look at the plants. I don't see green space. I don't see any where there is common area. So, I'm not sure they can have a homeowners association based upon what I've seen in the packet. So, just kind of hopefully tipping them off and you know know what's coming and maybe we can get them resolved before then. Thank you. Thank you. Hi there. Good evening. Alonso Alvarez. I'm on Yoseite Street in uh Storybook. How are we going to handle

traffic at Adams and Bristle Cone? That's a lot of people coming and going um coming out of Bristol Cone turning left. Pretty pretty sketchy at times, right? So, it's a lot more people that are be going to be using the the street and how we going to handle that. That's important. Thank you. Anyone else wishing to be heard during the final public comment period? Kathleen Morris again and I would suggest that toll brothers meet with the neighbors. I think um I wouldn't have grant voted where you did and I don't know why you didn't have public comment on that. I think the streets need to be wider and I wouldn't have a private street because I've lived on one before in Las Vegas and if you have to take care of your own streets, I mean, it costs a lot of money and we haven't done that in Boulder and I don't think we should start doing that in Boulder, private streets and I um I'm surprised that we couldn't have p public comment and I'm still um amazed that I didn't even get notice of any of this stuff. So, and we live close. We I the city if it's the city regulations and they should change it because I think it should go out. It can't be that hard to get people's emails or whatever and send out public notice. It should be farther than whatever 100 ft. Thank you. Thank you. [Applause] As a reminder, folks can call in at 702589-9629. Hearing and seeing no one further, we'll go ahead and conclude the final public comment. Meeting adjourned. [Music]

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