Planning and Zoning Commission

Jim Harris, Chairman Lake Havasu City Lucas Still, Vice-Chairman Police Facility Don Bergen 2360 McCulloch Blvd North Mychal Gorden Lake Havasu City, Arizona 86403 Doug Hardy www.lhcaz.gov Dan McGowan Chad Nelson Christy Cunningham, Alternate John Kendig, Alternate Allan Windholz, Alternate Planning and Zoning Commission Special Meeting Minutes - Final Wednesday, October 14, 2015 9:00 AM 1. CALL TO ORDER Vice-Chairman Still called the meeting to order at 9:01 a.m. 2. PLEDGE OF ALLEGIANCE Vice-Chairman Still lead in the Pledge of Allegiance. 3. ROLL CALL Ms. Cunningham and Mr. Windholz were seated. Mr. Nelson joined the meeting telephonically at 9:10 a.m. Mr. Hardy was excused at 10:02 a.m. Present: 8- Donald Bergen, Chad Nelson, Lucas Still, Mychal Gorden, Dan McGowan, Christy Cunningham, Doug Hardy and Allen Windholz Absent: 1- Jim Harris 4. MINUTES None 5. CORRESPONDENCE AND ANNOUNCEMENTS None 6. PUBLIC HEARING ID 15-0419 A presentation of the Draft Development Code by Don Elliott, of Clarion Associates. Mr. Schmeling thanked the Vice-Chairman and welcomed the audience. He addressed the Commission and the audience providing detailed information on the following key points: • Clarion Associates was hired to update the General Plan and the Development Code • General Plan Update status • Development Code Rewrite status • Background relative to the Golf Course District as it exists today and recommended proposed zoning of P-1, Public Lands and Facilities Lake Havasu City Page 1 Printed on 12/2/2015 Planning and Zoning Commission Minutes - Final October 14, 2015 Mr. Schmeling introduced Don Elliott, of Clarion Associates. Mr. Elliott presented a PowerPoint slideshow and narrative including some of the following key points: • Proposed recommendation for Golf Course zoning to P-1, Public Lands and Facilities • Development Code overview • Revised Code structure • Significant changes from the current Code • General provisions of the document • Clarification of the duties of the Zoning Administrator and Director • Zoning districts • Simplification of Downtown and Southgate form-based districts • Residential zoning districts • Mixed-Use districts • RV parking • Special Purpose zone districts • Permitted uses • Form and development controls • Short term vacation rentals • Accessory & temporary uses clarified • Procedures and enforcement • Violations, enforcement, & penalties • Zoning Map Vice-Chairman Still thanked Mr. Elliott for the presentation and all the hard work. There being no questions for Mr. Elliott of the Commission, Vice-Chairman Still opened the Public Hearing. Laura Smith addressed the Commission; her summarized concerns included the following key points: • Zoning District Table 2.1 was removed from the draft • Removal of current practice for giving public notice • Changes to neighborhood uses and protections • Zoning district names and meanings have been changed • Zoning Administrator is given too many duties Vice-Chairman Still informed Ms. Smith he would allow her to return to the podium again, given she was a member of the Development Code Review Committee. Linda Bender addressed the Commission; her summarized concerns included the following key points: • Recommended Golf Course zoning district • Vacation rental homes; negative impacts; should be prohibited in RE District Lake Havasu City Page 2 Printed on 12/2/2015 Planning and Zoning Commission Minutes - Final October 14, 2015 • Lack of code enforcement Ms. Garry addressed the Commission and the audience to state that on October 20th, at 4:30 p.m. in this room, there will be a work session regarding vacation rentals. The City Council will be discussing and giving direction to Staff, specifically on that item. That is not something that has been fully addressed through the rewriting of the Development Code. It will be a special session dedicated completely to vacation rentals. You are free to give comments now, but the better time and place would be on the 20th at 4:30 p.m. Jerry Ketchum addressed the Commission; his summarized concerns included the following key point: • Vacation rental homes; negative impacts; should be prohibited in RE District Kathy Hodel addressed the Commission; her summarized concerns included the following key point: • Vacation rental homes; negative impacts Diane Klostermeier addressed the Commission; her summarized concerns included the following key points: • Draft Development Code violates the existing General Plan • Increases in densities and heights • Development changes allowed with little notification • Expanding uses • Decreased parking requirements • Zoning Administrator interpretations • Added infrastructure costs Ms. Klostermeier provided written comments to Staff and the Commission. Jack Dunn addressed the Commission; his summarized concerns included the following key point: • Medical marijuana dispensaries Mr. Dunn provided written comments to Staff and the Commission. Wayne Oliver addressed the Commission; his summarized concerns included the following key points: • Recommended Golf Course zoning district • Vacation rental homes; negative impacts Rick Mooneyham addressed the Commission; his summarized concerns included the following key point: Lake Havasu City Page 3 Printed on 12/2/2015 Planning and Zoning Commission Minutes - Final October 14, 2015 • Requesting changes to allow limited fowl in residential districts Ms. Garry commented that fowl is not allowed in all residential areas, but it is allowed in the RA, agricultural areas. There has been no change. Vice-Chairman Still stated it had been brought to the Commission’s attention because of an Arizona legislative recommendation, we did discuss it but we did not make any changes. Ms. Garry commented that the State bill did not go through. We are not recommending any changes at this time. Tom Wetzel addressed the Commission with the following comment: • Requesting clarification of hierarchy of applicable law; city, county, state, federal, or CC&R’s Ms. Garry commented that it depends on the circumstance and I can’t give you that type of opinion. Typically, Federal Government makes the law that would supersede, then your State and local government. Your CC&R’s are private covenants. They are all carried out in different ways. Depending on what your CC&R’s are and what they are doing, asking if they are legal, that is a loaded question. Mr. Elliott commented that to be clear, the City does not enforce covenants nor is it obligated to adopt zoning that is consistent with covenants. Covenants are an extra layer of private regulation that you bought into, or want to buy into. Additional discussion between Mr. Elliott and Mr. Wetzel regarding covenants and the City’s zoning regulations. JJ Gibbs addressed the Commission; his summarized concerns included the following key points: • Vacation rental homes; negative impacts • Current zoning for fowl Laura Smith returned to address the Commission; her summarized concerns included the following key points: • Clarification made regarding sub-districts and the history behind them • On street parking • RV parking on lots with primary structures • Vacation rental homes; negative impacts; should be prohibited in RE District Beth Bushnell addressed the Commission; her summarized concerns included the following key point: • Recommended Golf Course zoning district Lake Havasu City Page 4 Printed on 12/2/2015 Planning and Zoning Commission Minutes - Final October 14, 2015 There being no further public comments, Vice-Chairman Still closed the Public Hearing. Vice-Chairman Still, Commission members, Staff, and Mr. Elliott engaged in further discussion on the following key points: • Vacation rental homes • Golf Course zoning • Fowl • Density and uses in Tables 3-1; 4.01-1; 4.01-2; 4.01-3 • Zoning district table removed from Development Code • Clarion to replace identified pictures in Draft for correct/clearer illustration • Walkways to the lakeshore; visual corridor • Procedural impacts: Development Code adoption and General Plan • Table 3-1; Continuing Care Retirement Community/Residential Care Facility definitions • Federal standards for group homes • Southgate area height limitations • Neighborhood protections • Reverse corners • Public notice • Parking of miscellaneous vehicles in front yards • Medical marijuana • Lodging bed & breakfast • Retail alcohol beverage sales Re: Body Beach Island District • Parking of advertising vehicles • Political signs in the public right of way • Complaint driven enforcement actions • Accessory outdoor dining • RV parking Direction provided by the Commission to Staff and Clarion Associates, includes the following key points: • Change Golf Course zone district from P-1 to its own district and add necessary definitions and supporting details • Clarify purpose statements between R2 and R3 • Table 3-1; Continuing Care Retirement Community or Residential Care Facility; amend definitions and remove independent living • Define multi-family to include independent living • Group homes; remove potential for up to 8 or more people in RA; RE; and R1 • Reverse corner; define a standard to allow flexibility at Zoning Administrator’s discretion • Research in further detail parking of vehicles in front yards • Research in further detail medical marijuana distribution Lake Havasu City Page 5 Printed on 12/2/2015 Planning and Zoning Commission Minutes - Final October 14, 2015 • Remove bed & breakfast lodging use from RA and RE • Add alcohol sales as an accessory use to Body Beach Island District • Encourage, revise, and clarify accessory outdoor dining • Request to include current Public Notice language • Carry over language for RV parking from current Code to new draft Code • Clarion will correct the mistake allowing duplex in RA Vice-Chairman Still invited Laura Smith to return to the podium to comment on the discussion. Ms. Smith provided comments on the following points: • Vacation rental homes; negative impacts; should be prohibited in RE District • Removal of language prohibiting boarding • Zoning Administrator; Director; and Planning Commission duties • Planned developments • Expansion of sidewalks • Reverse corner lots; giving discretion to Zoning Administrator is not a good idea 7. CALL TO PUBLIC None 8. FUTURE MEETING Wednesday, October 21, 2015 @ 9:00 a.m. - CANCELED (PD for Training) Wednesday, November 4, 2015 @ 9:00 a.m. - CANCELED (State APA Planning Conf) Wednesday, November 18, 2015 @ 9:00 a.m. - CANCELED (PD for Training) The next regular meeting will be held on December 2, 2015. 9. ADJOURNMENT Chairman Still adjourned the meeting at 12:47 p.m. _______________________________________ Lucas Still, Vice-Chairman _______________________________________ Diane Libby, Management Specialist Lake Havasu City Page 6 Printed on 12/2/2015