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 Regular Meeting Minutes - Final Wednesday, December 2, 2015 9:00 AM 1. CALL TO ORDER Chairman Harris called the meeting to order at 9:01 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Harris lead in the Pledge of Allegiance. 3. ROLL CALL Mr. Kendig was seated. Present: 8- Donald Bergen, Lucas Still, Mychal Gorden, Dan McGowan, Christy Cunningham, Doug Hardy, Jim Harris and John Kendig Absent: 2- Chad Nelson and Allen Windholz 4. MINUTES October 7, 2015, Regular Meeting October 14, 2015, Special Meeting Mr. Gorden made a motion to approve the minutes, seconded by Mr. Still, and carried by the following vote: Aye: 7 - Bergen, Still, Gorden, McGowan, Hardy, Harris and Kendig Absent: 3 - Nelson, Cunningham and Windholz 5. CORRESPONDENCE AND ANNOUNCEMENTS None 6. PUBLIC HEARING ID 15-0500 Recommend Adoption of Revisions to Lake Havasu City Code Title 14 Zoning also Known as the Development Code, and Zoning Map Mr. Schmeling thanked the Chairman and introduced Don Elliott of Clarion Associates (participating telephonically). The Development Code rewrite was first presented to the Commission at the October 14, 2015 meeting. Mr. Schmeling provided a brief description of the changes the Commission requested as a result of that Public Hearing. Lake Havasu City Page 1 Printed on 1/6/2016 Planning and Zoning Commission Minutes - Final December 2, 2015 Mr. Elliott presented a PowerPoint slideshow and narrative including highlights of the following key points: • Project Overview • Development Code Overview • New Code Structure • Significant Changes from the Current Code • General Provisions • Zoning Districts • Residential Zoning Districts • Mixed-Use Districts • Permitted Uses • Form and Development Controls • Form and Development Standards • Procedures and Enforcement • Significant Changes from the Previous Presentation o Typos corrected – inconsistencies resolved o Golf Course Zone District created o Short-term rentals – improve enforcement o 30 day RV occupancy reinserted o Posted and mailed public hearing notice reinstated o PD-O Zone District not permitted in R-E, R-A, R-1, or R-2 o Two family dwellings not permitted in R-A District o Bed and Breakfast not permitted in R-1, R-A or R-E Districts o Inconsistent text – Major and Minor Conditional Uses corrected o Zone district graphics revised o Distinction between Residential Care Facility and Residential Care Home o Resort uses allowed along channel o Accessory uses/structures not required to be behind buildings in BP or I districts o Live-work dwellings permitted in R-CHD (like R-UMS & R-SGD) o Continue R-3 requirement for underground utilities o Requirement for posting Site/Design Review decisions changed to posting on website o Parking-in-Common plans can be amended by 75% of owners (not 100%) – retains the current rule o Clarifies garage sales signs do not need a sign permit o Clarifies definition of base elevation for purposes of measuring building height Mr. Bergen stated that when this discussion began he had a lot of concerns and he is pleased to see that possibly 2/3rds or more of his concerns have had significant modifications. He commented on the following key points for additional discussion with Mr. Elliott, Staff, and the Commission: Lake Havasu City Page 2 Printed on 1/6/2016 Planning and Zoning Commission Minutes - Final December 2, 2015 • 14.02.04 C MU-UMS: Mixed Use - Uptown McCulloch Main Street; Main Street needs to be defined • Zone districts do not define minimum or maximum lot coverage or density measurements • 14.02.05 B C-SGD: Commercial-Southgate District; use should be limited when it borders R-1 • 14.02.05 J GC: Golf Course; glad to see Golf Course zone back in • 14.04.02 F Residential Standards; parking spaces & driveway measurements; parking of vehicles in front yard setbacks Mr. Gorden added he would fully support requirements that parking is only allowed on improved surfaces. Chairman Harris stated that a 50% limitation for parking on improved areas of the lot is sufficient for the front setback area. People might want to use the side setback to park a boat. That is not out in the front by the street, that wouldn’t pertain. Additional discussion regarding parking regulations continued including Staff, Commission, and Mr. Elliott. Mr. Bergen continued with the following concerns: • 14.04.08 B 6 Portable Signs; vehicle billboards • 14.04.08 J 3 Political Signs; posting in R-O-W without lot owner approval • 14.05.06 D1 Enforcement Procedures; complaint based enforcement vs. active enforcement Mr. Bergen, Mr. Elliott, Staff, and Commission members discussed active code enforcement versus complaint based code enforcement. Mr. Gorden had concerns and questions regarding the following key topics: • PD not allowed in RA, RE, R-1, R-2 zones; should be allowed in all • Landscape requirements; need general definition or purpose statement • Planting in City R-O-W; in relation to streetscape Mr. Gorden, Mr. Elliott, Staff, and Commission members continued discussion regarding landscaping in the R-O-W. Mr. Gorden had additional items for comment: • Outdoor water features; delete language from Code • Mandatory landscape requirements in residential areas Mr. Kendig had concerns and questions regarding the following key topics: • Curbs and gutters; new development should require them • Flag lots; parking provisions Lake Havasu City Page 3 Printed on 1/6/2016 Planning and Zoning Commission Minutes - Final December 2, 2015 Mr. Kendig, Mr. Elliott, and Staff continued discussion regarding curbs, gutters, and flag lots. Chairman Harris had concerns and questions regarding the following key topics: • Base elevation calculations; requested clarification regarding the combination of two methods Chairman Harris, Mr. Elliott, Staff, and Commission continued detailed discussion including the historical nature of base elevation calculations relative to the Lake Havasu City topography. Chairman Harris opened the Public Hearing. Diane Klostermeier addressed the Commission. Her summarized comments included the following key points: • General Plan vote will take place in 2016 • Development Code should be put in place after the General Plan is approved • Important to review the pictures in the new Code • Vacation homes and Golf Course zoning changes • Expanded uses • Channel development Chairman Harris closed the Public Hearing. Mr. Schmeling stated that staff would recommend, if the Commission is happy with the document and the recommended changes provided for Don, you include those revisions and move to submit the Lake Havasu City Development Code to the City Council for adoption. Mr. Still commented that one of his concerns is the legality of passing this before we have the General Plan in place, because it is meant to reflect the General Plan. Kelly had mentioned last time there were some provisions that we could put in to soften that if the General Plan does not pass next November. Ms. Garry stated we have had some discussion regarding that specific topic. I don’t know that there is anything that we need the Commission to do or say, I don’t know that there is anything that I can recommend for you to say. I know that we will have the discussion before Council and they will have to make that final determination. You can add it to your motion, I don’t know what the feelings are. Mr. Still, Mr. Gorden, Chairman Harris, Mr. Elliott, Staff, and Ms. Garry discussed the pros and cons; potential future conflicts; and possible impacts regarding including a recommendation to City Council for approval of the Development Code tied to voter ratification of the General Plan in 2016. Lake Havasu City Page 4 Printed on 1/6/2016 Planning and Zoning Commission Minutes - Final December 2, 2015 Mr. Still made a motion that we approve this for City Council consideration based on the notes that Don has taken down today in terms of changes that we would like to make, including the list of recommendations that are labeled 1-6 and I would include the recommendation that the Council consider the implication of the General Plan not passing and how that would affect this Code. Motion failed for lack of a second. *Following the motion, discussion by Mr. Schmeling and Ms. Garry confirmed that the adoption of the Zoning Map must be part of the motion language. Mr. Still made a motion to approve the new Code with the following recommended changes to pass on to City Council: 1. Define Main Street 2. No parking on unpaved front setback area 3. Purpose statement on landscaping 4. 14.04.04.D.7 add encourage R-O-W landscaping subject to City approval 5. Delete provision 14.04.04.D.6.B (prohibiting water features) 6. Revise wording of Base Elevation text to carry forward current elevation calculations Motion was seconded by Mr. McGowan* Mr. Still amended the motion to include recommending adoption of the corresponding Zoning Map with the Development Code, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Bergen, Still, Gorden, McGowan, Hardy, Harris and Kendig Absent: 3 - Nelson, Cunningham and Windholz ID 15-0502 Approval of Conditional Use Permit to Allow a Food Service Facility Outside the London Bridge Chevron in the C-1, Limited Commercial, District. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow including the following key points: • Property description and location • Arial photos of location including proposed food facility location • Proposed site plan • Location is for distribution, food preparation is done inside the Chevron gas station Mr. Myung Choi, owner of the London Bridge Chevron, addressed the Commission. His summarized comments included the following key points: • Purchased the property in 2014 Lake Havasu City Page 5 Printed on 1/6/2016 Planning and Zoning Commission Minutes - Final December 2, 2015 • Applied for the permit for the food service facility • All food preparation must be done inside the permanent structure per the Health Department • Cooking and warming food allowed in trailer • All proper paperwork has been filed with the County Health Department and the Fire Department Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Staff recommends that land use action 15-0502 be approved by the Commission. Mr. Gorden made a motion to approve Conditional Use Permit 15-0502 with the following conditions: 1. All annual licenses and permits must be obtained 2. The food trailer shall be located per the approved site plan Seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Bergen, Still, Gorden, McGowan, Hardy, Harris and Kendig Absent: 3 - Nelson, Cunningham and Windholz 7. CALL TO PUBLIC None 8. FUTURE MEETING December 16, 2015, has been canceled. Next Regular Meeting, January 6, 2016. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 11:26 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Diane Libby, Recording Secretary Lake Havasu City Page 6 Printed on 1/6/2016