City Council

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jim Dolan Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Work Session Minutes - Final Tuesday, June 28, 2022 5:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 5:00 p.m. 2. PLEDGE OF ALLEGIANCE The Mayor led in the pledge of Allegiance. 3. ROLL CALL Present: 7- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember David Lane, Councilmember Michele Lin, Councilmember Cameron Moses, Councilmember Jeni Coke and Vice Mayor Jim Dolan *Councilmember Cameron Moses was present via remote conferencing. 4. PUBLIC HEARINGS 4.7 ID 22-3347 Discussion Regarding Lake Havasu City Code § 14.04.04, Landscaping, and the Recommended Landscaping Plant List (Luke Morris) Planning Division Manager Luke Morris said based on council request, staff will be presenting on the Lake Havasu City Code § 14.04.04, Landscaping and Screening, and the Recommended Landscaping Plant List. Mr. Morris outlined the following in his presentation: Landscaping Discussion • Lake Havasu City Code Section 14.04.04, Landscaping and Screening, governing landscaping standards for commercial and multi-family developments • Examples of landscape plans for a multi-family development and a commercial development • The Recommended Landscaping Plant List Lake Havasu City Page 1 Printed on 7/14/2022 City Council Minutes - Final June 28, 2022 Landscaping Overview • Applies to all multi-family, mixed-use, and commercial/industrial development on lots over 10,000 square feet • Minimum lot area to be landscaped depends upon use: o Multi-Family = 20% o Mixed-Use = 15% o Commercial/Industrial = 10% • Minimum landscape material sizes: o Trees = 24-inch box o Shrubs = 5-gallon container o Minimum of 2-inch layer of decorative rock • 10-foot landscape buffer along street right-of-way: o One tree per each 40 feet of street frontage o One shrub per each 25 feet of street frontage • Multi-Family Residential Example • Commercial Example Recommended Plant List • Consists of plants that can be adapted to desert environments in the Southwestern United States. • Contains plant species having very low, low, and low-medium water use requirements. • Highlights plants that are specific to Lake Havasu City’s environmental conditions. • Created with the intention of helping residents, businesses, and landscapers make informed decisions on which landscaping plants to use and help conserve water. Landscaping Maintenance • Covered in Development Code Section 14.04.09.A.2. • Landscaping and irrigation shall be maintained in an orderly and health condition. • Reports of unmaintained landscaping are investigated through the Code Enforcement process. Councilmember Campbell thanked staff for the information and presentation. She asked if the plant species identified on the Recommended Landscaping Plant List are suggested or required, to which Mr. Morris said the plants identified are recommended based on plants that do well in the region. Councilmember Campbell presented the following suggested code changes for discussion and feedback from the council: 1) update the landscaping requirements to low and very low water use plants only, 2) update the code regarding parking landscaping structures, 3) Lake Havasu City Page 2 Printed on 7/14/2022 City Council Minutes - Final June 28, 2022 allow only drip systems to reduce water usage, 4) changes to the commercial landscaping and buffering requirements, and 5) create consistency on landscaping requirements. Councilmember Campbell stated that she has noticed many broken landscaping pipes with water flooding the streets and asked if any fines are being assessed to business owners. There was discussion regarding the sections in the Landscaping and Screening code, for alternatives and adjustments (Page 10), buffering requirements (Page 4), and landscaping and screening and screening standards (Page 9). Councilmember Campbell said the screening standards state that there should not be any chain link and any mechanical should be in the back of the building or hidden by a shrub, which is not being enforced. Councilmember Lin was concerned with Section 14.04.04(H) which states that the Zoning Administrator may approve alternative types or design of landscaping. She thought that section should be removed. Mayor Sheehy said for clarification, Councilmember Campbell mentioned that the landscaping area of the parking lot (Page 4) is not what the city is doing. He said Figure 14.04-02 gives a sample configuration but really what the code is saying is that 10 percent of the interior parking space should have landscaping. Councilmember Campbell agreed, but said the city is not using anything like the examples provided which may encourage people to think that the city is encouraging this kind of parking within our parking structures. She added that the city needs more parking spots than landscaping trees. Mayor Sheehy requested clarification as Councilmember Campbell commented that she would like continuity, consistency, and landscaping requirements but did not want to see landscaping requirements in a parking lot at all, to which Councilmember Campbell replied yes. Councilmember Campbell said that she thinks there is a lot of language in the code regarding landscaping requirements that can be cleaned up. She said it does not seem that the city has any consequences for dead plants or broken pipe; therefore, if the city is hiring more code enforcement, she suggested the code be cleaned up to make it easier for the developers and code enforcers. Mayor Sheehy asked how the city ensures compliance with landscaping requirements when applying for a building permit and for more information on how alternatives and adjustments are approved by the Zoning Administrator, to which Mr. Morris said allowing for alternatives and adjustments are fairly standard language in a lot of codes to give the Zoning Administrator some flexibility for situations that arise that are outside the ordinary, and added that conformance to the landscaping plan is handled through the design review process. Lake Havasu City Page 3 Printed on 7/14/2022 City Council Minutes - Final June 28, 2022 Councilmember Campbell asked if contractors have been successful with using the landscaping drip systems, to which Mr. Morris said he was not aware of who uses what specific types of irrigation system; however, they all have to be irrigated as part of their landscaping plan. Councilmember Campbell said the drip systems seem to last longer, are better for the environment, and use less water. Mayor Sheehy asked if Councilmember Campbell is requesting code changes to require the use of certain plants and assess a fine if there is a leak after so many times. Mayor Sheehy said that he does not support that process as he thinks the current process with the Recommended Landscaping Plant List and tools and resources that the city can give to businesses and property owners can do that. Councilmember Lin asked if the code addresses sprinklers, to which Mayor Sheehy said the sprinklers would be associated with whatever plants are put in. Councilmember Lin said there is not anything in the code that discusses the types of sprinklers to use to conserve water. Mayor Sheehy said the intent is that if you use low-use water plants that you would use low-use water systems. Mayor Sheehy stated that if the council wants to be punitive and have a code that says you can only use certain sprinklers and certain plants, they can have that discussion and change the code. He said he does not support those changes and thinks with the Recommended Landscaping Plant List, tools, and access to resources for citizens and businesses that they can accomplish the same goal. Councilmember Lin said broken irrigation systems are a concern and thought there needed to be something in the code that addresses fines or irrigation systems. Councilmember Campbell said it states in the code that an owner needs to maintain their landscaping and asked if the city has enforced that. Mr. Morris said that he only recalls one complaint concerning irrigation that code enforcement addressed. Councilmember Moses said he thought the drip system was one interesting solution that could be explored to curb water usage; however, he was not certain what those costs would be and what type of burden that would put on businesses and citizens. Vice Mayor Dolan said if there are users with reoccurring water leaks then it should be handled through code enforcement and the city should not regulate it like a Homeowners Association (HOA). He said the council may want to start looking into low water plants and drip systems to address water conservation measures now to get ahead of any changes in tiers due to the drought. He said he was not in favor of changing the landscaping Lake Havasu City Page 4 Printed on 7/14/2022 City Council Minutes - Final June 28, 2022 requirements for parking areas. Councilmember Campbell suggested the council remove Figure 14.04-02 from the code as she does not think there is much property left that this requirement would be reasonable. Councilmember Lane noted that Figure 14.04-02 is an example, not a requirement, to show a parking lot configuration with trees. He suggested citizens utilize the HavasuNow app to submit comments and concerns to the city. Councilmember Lane said he supports the city providing suggestions on the types of sprinklers and plants citizens can use. He added that he supports allowing for alternatives and adjustments as it gives staff the ability to make changes where it is required. Councilmember Campbell said the city is already requiring the number, location, and size of plants. She said what she is suggesting is to change the quality of the plants or the irrigation that is used which is not anymore government overreach than what is already being done. Councilmember Lane said he disagreed as the city is not telling them what type of plants, only the number of plants required. Councilmember Coke said she understands the desire and vision to be on the forefront of water conservation. She suggested the city create a list of recommended irrigation systems. Mayor Sheehy said along with the Recommended Landscaping Plant List, the city could include a list of watering programs (drip systems) with information on what those look like, estimated costs, and maintenance requirements. Councilmember Campbell asked if the city is allowing grass turf in commercial areas, to which Morris said typically the city does not see grass as a landscaping material; however, more often than not they will see artificial grass which is something that the Zoning Administrator can determine whether artificial grass is acceptable. Mayor Sheehy said the consensus of the council is to direct staff on updating the Recommended Landscaping Plant List to include the various irrigation/watering systems (types of systems, costs, and water savings) and provide education and outreach through the city’s website and code enforcement on those irrigation systems. Mr. Knudson added that there is a lot of information on the city’s website on how to save water, watering guidelines, and water conservation tips. Mayor Sheehy opened the public hearing. Mr. David Diaz, citizen, addressed the council and said when reading codes sometimes Lake Havasu City Page 5 Printed on 7/14/2022 City Council Minutes - Final June 28, 2022 less verbiage is best, and agrees with Councilmembers Campbell and Lin on having landscaping uniformity. He spoke on the differences and water savings between drip systems and bubblers. Councilmember Lane stated that he does not think it is considered government overreach to provide recommendations, which is what the City Council is trying to do versus demanding certain plants or irrigation systems. Mr. David Glenn, citizen, addressed the council and spoke on the lack of organic soil and high alkaline levels that must be adjusted to grow plants in Lake Havasu City. He stated that when the city starts limiting plants it is important to look at the soil conditions. There being no further comments, Mayor Sheehy closed the public hearing. 5. ADJOURN Upon motion by Councilmember Lane, and seconded, the meeting adjourned at 5:46 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Work Session Meeting Minutes of the Lake Havasu City Council held on the 28th day of June, 2022. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/MMC Lake Havasu City Page 6 Printed on 7/14/2022