Planning and Zoning Commission

Lake Havasu City Jim Liesen, Chairman Mychal Gorden, Vice-Chairman Lake Havasu City Police Facility Don Bergen 2360 McCulloch Blvd North Doug Hardy Regular Meeting Minutes - Final Lake Havasu City, Arizona 86403 www.lhcaz.gov Dan McGowan Chad Nelson Lucas Still Planning and Zoning Commission Christy Cunningham, Alternate John Kendig, Alternate Allen Windholz, Alternate Wednesday, November 5, 2014 9:00 AM Regular Meeting 1. CALL TO ORDER Chairman Liesen called the meeting to order at 9:01 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Liesen lead in the Pledge of Allegiance. 3. ROLL CALL Ms. Cunningham was seated. Present: 6- Chairman Jim Liesen, Chad Nelson, Lucas Still, Mychal Gorden, Dan McGowan and Christy Cunningham Absent: 3- Donald Bergen, John Kendig and Doug Hardy 4. MINUTES Mr. Still made a motion to approve the minutes from October 1, 2014, regular meeting, seconded by Mr. McGowan. The motion carried by the following vote: Aye: 6 - Chairman Liesen, Member Nelson, Member Still, Vice Chairman Gorden, McGowan and Member - Alternate Cunningham Absent: 3 - Member Bergen, Member - Alternate Kendig and Member Hardy 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Schmeling commented on two items: • City Council adopted the rezoning of the property on Whelan Drive. • We are in the process of changing our policy in regard to minutes. You will be receiving Lake Havasu City Page 1 Printed on 1/7/2015 Planning and Zoning Commission Regular Meeting Minutes - November 5, 2014 Final minutes that are much briefer than they used to be. Over the past years we have transcribed minutes verbatim. With the new Granicus system we now have the video recordings as well. This is a procedural policy change. Chairman Liesen inquired about dates of the next round of meetings for the Development Code and General Plan discussions. Mr. Schmeling responded that we have no set date for the Development Code update meetings at this time. The next date for the General Plan update round of meetings is Thursday, December 4, 2014. There will be 3 meetings held that day: • Public Hearing at 9:00 a.m. • General Plan Review Committee at 11:30 a.m. • Public Hearing at 6:00 p.m. 6. PUBLIC HEARING ID 14-0544 A Request for a Zone Change from C-2/PD (General Commercial Planned Development) to C-2 (General Commercial District) for the Properties Located at 81, 85, 91, 95, and 101 Retail Centre Boulevard. Mr. Schmeling presented a PowerPoint slideshow and detailed narrative including the following key points: - 1997 this property was part of the original mall PD (Planned Development). Everything around it is still zoned A1 (Light Agricultural) - 2006 the owner of the property (at the time it was one 6-acre parcel) asked to have that parcel divided into 5 and it adopted its own PD. Restrictions placed on that PD included architectural, landscaping, access management, ADA (Americans with Disabilities Act), etc. - Ownership of the property has changed, Horizon Bank is the applicant and they want to build a branch office on the lot closest to the highway. Requesting zoning change to C-2 (General Commercial) because they don’t want their development of that site to tie into or require all of the other lots to follow suit Chairman Liesen asked if there were any questions of staff. Hearing none, he asked if the applicant was present and if he would like to make a presentation. Mr. Ross Johnson introduced himself and stated he is representing Horizon Community Bank. Mr. Johnson addressed the Commission and his statement is summarized to include the following key points: - Horizon Community Bank is looking at building a stand-alone branch office on the corner lot closest to Highway 95 - Building site would be developed in accordance with all of the C-2 commercial code restrictions including parking, etc. Lake Havasu City Page 2 Printed on 1/7/2015 Planning and Zoning Commission Regular Meeting Minutes - November 5, 2014 Final - We feel it would be better for the rest of the area to get developed if the zoning was C-2 - If changed to C-2, it would allow us to move forward with our building and we would not have to worry about by doing so being costly to other businesses to have to do something similar Mr. Nelson asked if the applicant had a site plan. Mr. Johnson replied yes he did and he presented it to the Chairman. Chairman Liesen stated that we need to keep the site plan and it will now be part of the public record. Mr. Schmeling took the opportunity to caution the Commission that even though they are being shown a proposed site plan, the applicant is requesting the property be rezoned to C-2. Staff has not seen or reviewed that site plan. You are not tying that corner property to any specific design element at this time. Chairman Liesen opened the item to the public. Hearing none, he closed the public hearing. Mr. Schmeling presented staff findings referencing Section 14.44.07(C) of the Lake Havasu City Development Code and concluding that the request meets all eight review criteria necessary to amend the PD. Based on those findings the Development Review Committee recommends that land use action 14-0544 be recommended to the City Council for approval. Mr. Still made a motion to approve land use action 14-0544 as recommended by staff, seconded by Mr. McGowan. The motion carried by the following vote: Aye: 6 - Chairman Liesen, Member Nelson, Member Still, Vice Chairman Gorden, McGowan and Member - Alternate Cunningham Absent: 3 - Member Bergen, Member - Alternate Kendig and Member Hardy ID 14-0543 A Request for a Zone Change From C-2/PD (General Commercial Planned Development) and M-1P/PD (Industrial Park Planned Development) to C-2 (General Commercial District) for the Properties Located at 2050, 2060, 2070, and 2082 Sandwood Court. Chairman Liesen declared a conflict of interest regarding item 14-0543 and recused himself. Vice-Chairman Gorden chaired the meeting for Mr. Liesen. Mr. Schmeling presented a PowerPoint slideshow and detailed narrative including the following summarized key points: Lake Havasu City Page 3 Printed on 1/7/2015 Planning and Zoning Commission Regular Meeting Minutes - November 5, 2014 Final - 2006 this property was rezoned to C-2/M1P/PD (General Commercial/Industrial Park/Planned Development) for an industrial development, majority of the surrounding area is zoned M1P (Industrial Park) but it is adjacent to the beginning of a residential R-3 (Limited-Multiple Family Residential) - Restrictions included building height limitations, increased setbacks, increased landscaping requirements, etc. - Intent of the owner’s request is to eliminate the PD in its entirety and change the zoning to C-2 (General Commercial) - Two of the original business park building were to have heavier industrial uses, with one building lighter industrial uses Vice-Chairman Gorden asked if there were any questions of staff. Mr. Still asked for clarification. Previously when this was zoned to a C2/PD, it sits right next to the M1P type of sites but there was some kind of setback given at that point and I am curious why you would be worried about a setback when you are adjoining the M1P there. Mr. Schmeling responded the setbacks on the residential side were based on discussions with and objections from the neighborhood. It was an effort to minimize impact. Mr. Still asked if the C-2 is still in line with what the compromise was back then. Mr. Schmeling replied that would be correct, not knowing what the end uses would be but that is where they were going with it. Mr. Still commented the general uses in the C-2 are less intense than M1P which is what they were worried about. Vice-Chairman Gorden asked if the applicant was present and would like to make a presentation. Mr. Jim Liesen presented on behalf of the applicant, Mr. Wayne Lambert. Mr. Liesen provided history about the original plan for the business park and the new plan. His statement is summarized with the following key points: - Mr. Liesen was involved in the original business park plan which did have additional restrictions in place, due to legitimate neighborhood concerns regarding potential uses - This property does not lend itself to a traditional boat storage configuration, due to drainage issues - The new development plan will use the slope and flow of the drainage to their advantage - This building concept consists of 2 buildings in the style of boomerangs, allowing water to flow through the existing drainage area Lake Havasu City Page 4 Printed on 1/7/2015 Planning and Zoning Commission Regular Meeting Minutes - November 5, 2014 Final - Tremendous support was received at the public meeting - Use will be similar to a gated off condo project, owners instead of renters, low noise, lower use than the business park plan Mr. Nelson asked if there was a site plan. Mr. Schmeling reiterated that this request is for a rezone to C-2, which if approved, allows the developer to do anything that is allowed in a C-2 district. Vice-Chairman Gorden asked if there were any other questions of the applicant. Hearing none, he opened the public hearing. Resident Mr. Art Bereuter owns several nearby properties, 2065 Runabout and 2086 & 2088 Sandwood. Mr. Bereuter’s statement has been summarized and included the following key points: - When the first rezoning action was taken, Mr. Bereuter stated he was not notified about any planning sessions or council meetings. No notice was ever received - He is not against what the applicant wants to do with the property, but he is concerned that the value of his investments may be negatively affected - Three highest concerns include lighting; signage; entry - Unknown change impacts to the atmosphere of the area - If the zoning is changed to C-2, this property could be sold and we would not know what might be developed Mr. Still asked Mr. Bereuter if his opinion was that if the property changes from C-2/PD to C-2 is that really going to have an impact on the lights, signage, and other issues that you have concern about? Mr. Bereuter replied that he cannot know. There is no way for him to know. I don’t know what legal recourse I would have. Mr. Still replied that the approved C-2/PD is very similar to the C-2. A PD is usually meant to apply a very specific standard. I don’t see some of the concerns you have changing with it going to a C-2 and that is the question that I have for you. I wanted to make sure there was nothing specific outside of this that we need to worry about. Vice-Chairman Gorden addressed Mr. Bereuter and thanked him for speaking to the Commission. His comments are summarized as follows: - It appears the concerns are mainly lighting and signage and how that may get implemented when the project moves forward - Mr. Bereuter is correct in the fact that the assurances that were put together in the form of a PD Lake Havasu City Page 5 Printed on 1/7/2015 Planning and Zoning Commission Regular Meeting Minutes - November 5, 2014 Final through this action will go away and it would revert to a C-2 property - Development Code standards for the C-2 zoning district for landscape buffers, setbacks, signage, lighting, etc. will come into effect when they come forward with their plan and staff will review that accordingly Mr. Nelson asked Mr. Bereuter if he felt this development would hurt more than the business park. Mr. Bereuter replied no, it won’t have as much of a negative effect as the business park. Mr. Nelson responded that is important for us to understand, right now the business park could go in, but the storage unit would have less impact and provide more value. Mr. Bereuter responded one of his big concerns us the vacant lot on Sandwood. That lot is still zoned R-3, it will probably never get built. Would that lot ever get changed to a C-2? Would you allow that to happen? Mr. Schmeling responded that the Commission can’t answer that question. The owner of that property would have the right to ask for it to be rezoned. The likelihood of that happening in my opinion is probably not. But that doesn’t prevent any owner or any future owner from coming in and submitting an application. Mr. Schmeling took the opportunity to provide additional comments. - Current restrictions, maximum building height is limited to 24 feet. The standard for C-2 is 25 feet - There was a restriction that Buildings B and C be set back 60 feet from the Runabout right of way. That is an M1P condition, so it would not apply - Additional landscape requirements for mesquite trees along the wash - A requirement that lighting shall not exceed 12 feet - The landscaping strip was required to be 18 feet. The C-2 requirement is 10 feet - Once again, caution that the site plan that was discussed with regard to the storage facility may or may not occur Mr. Liesen was provided an opportunity for rebuttal comments. His comments are summarized as follows: - Addressing Mr. Bereuter, Mr. Liesen apologized for the lack of notification on the prior rezoning action. We had a public meeting, we notified owners within 300 feet, we had a lot of activity there. If you were not notified I don’t know how or why, but I am glad you are here today - We want to address the lighting and landscaping issues that were on the project before. If you were to put stipulations to keep our lighting below 12 feet or to keep our signage to a 15 foot Lake Havasu City Page 6 Printed on 1/7/2015 Planning and Zoning Commission Regular Meeting Minutes - November 5, 2014 Final maximum or to keep our building height at no more than 18 feet, we would be glad to continue - The smallest storage unit in this project is 2,400 square feet. That is typically 3 to 4 times larger than what we normally call a large boat storage unit - Our intended purpose is to only have about 35 units of very large size. We anticipate the people that would want to purchase a unit of that size is probably not going to be a small user. They are going to have upscale toys of transportation. Larger boats and RV products - We are anticipating decorating these buildings, landscaping, and signage to be very conservative and low key. Partly to accommodate the neighborhood and partly to accommodate our market place Vice-Chairman Gorden closed the public hearing. Mr. Schmeling presented staff finds that the proposed PD major amendment/removal meets all of the requirements set forth in 14.44.07(G). Based on those findings, the Development Review Committee recommends that land use action 14-0543 be forwarded the City Council with a recommendation of approval rezoning the property from C-2/M1P/PD to C-2 General Commercial District. Mr. Still made a motion to approve item 14-0543, a request for a zone change C-2/PD to C-2 as recommended by staff, seconded by Mr. McGowan. The motion carried by the following vote: Aye: 5 - Member Nelson, Member Still, Vice Chairman Gorden, McGowan and Member - Alternate Cunningham Absent: 3 - Member Bergen, Member - Alternate Kendig and Member Hardy Recused: 1 - Chairman Liesen 7. CALL TO PUBLIC None 8. FUTURE MEETING Mr. Schmeling stated the meeting scheduled for November 19, 2014 will be canceled. 9. ADJOURNMENT Vice-Chairman Gorden adjourned the meeting at 9:43 a.m. _______________________________________________________________ Jim Liesen, Chairman Lake Havasu City Page 7 Printed on 1/7/2015 Planning and Zoning Commission Regular Meeting Minutes - November 5, 2014 Final _______________________________________________________________ Diane Libby, Recording Secretary Lake Havasu City Page 8 Printed on 1/7/2015