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 Thursday, April 14, 2016 9:00 AM 1. CALL TO ORDER Chairman Harris called the meeting to order at 9:00 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Harris lead in the Pledge of Allegiance. 3. ROLL CALL Ms. Cunningham was seated. Present: 7- Donald Bergen, Chad Nelson, Lucas Still, Mychal Gorden, Dan McGowan, Christy Cunningham and Jim Harris Absent: 3- Doug Hardy, Allen Windholz and John Kendig 4. MINUTES Approve Regular Meeting Minutes from March 16, 2016. Mr. Gorden made a motion to approve the minutes, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Bergen, Nelson, Still, Gorden, McGowan, Cunningham and Harris Absent: 3 - Hardy, Windholz and Kendig 5. CORRESPONDENCE AND ANNOUNCEMENTS None. 6. PUBLIC HEARING ID 16-0672 A Request for a Preliminary Condominium Subdivision Plat for an Existing 188 Unit Storage Unit Complex. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property location and description • 188 unit storage facility on six acres Lake Havasu City Page 1 Printed on 5/5/2016 Planning and Zoning Commission Minutes - Final April 14, 2016 • Preliminary plat would allow these units to be sold individually Mr. Bergen stated he wasn’t sure why this item or the next item would even be opposed. Mr. Schmeling stated that this is just a different kind of ownership and he doesn’t know why anyone would be opposed, but the Planning Commission is required by state statute and by City code to review and approve preliminary plats. Then the Council is required to review and approve the final plat. The next step in the process would be to create a final plat to be approved by Council and get it recorded. Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. George Sharma addressed the Commission and stated that Stuart has done a good job presenting this item. He would answer any questions the Commission may have. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff finds the proposed preliminary plat meets all the requirements necessary for approval. Based on the findings, the Development Review Committee recommends that land use action 16-0672 be approved. Mr. Bergen made a motion to approve land use action 16-0672 approving the preliminary condominium subdivision plat for 1080 London Bridge Road, seconded by Mr. McGowan and carried by the following vote: Aye: 7 - Bergen, Nelson, Still, Gorden, McGowan, Cunningham and Harris Absent: 3 - Hardy, Windholz and Kendig ID 16-0673 A Request for a Preliminary Condominium Subdivision Plat for the Winner’s Circle Storage Unit Development Complex. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property location and description • Property has been rezoned, lots have been tied, City right-of-way which used to be a cul-de-sac has been vacated and sold to the applicant • 31 total storage units • Preliminary plat would allow these units to be sold Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Wayne Lambert addressed the Commission and stated he is available if anyone has any Lake Havasu City Page 2 Printed on 5/5/2016 Planning and Zoning Commission Minutes - Final April 14, 2016 questions. As Stuart has stated, we just want to condo the 31 storage units so we can make them available for sale. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff finds the proposed preliminary plat meets all the requirements necessary for approval. Based on the findings, the Development Review Committee recommends that land use action 16-0673 be approved. Mr. Gorden made a motion to approve item 16-0673 a request for a condominium subdivision plat for the Winner’s Circle storage unit complex per Staff’s recommendations, seconded by Mr. Nelson and carried by the following vote: Aye: 7 - Bergen, Nelson, Still, Gorden, McGowan, Cunningham and Harris Absent: 3 - Hardy, Windholz and Kendig ID 16-0667 A Request to Rezone Tract 2270, Block 6, Lots 15-18, 3860 through 3890 Bison Boulevard, from C-1, Limited Commercial District to R-1, Limited Single-Family Residential. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property location and description • Zoning map and existing zoning designation • Brief history on the original zoning of this area as commercial nodal; the majority of the surrounding area has been rezoned to residential • General Plan supports rezoning to residential • It is assumed that the lots will be reconfigured to support residential development if rezoning is approved Mr. Harris stated that when these properties were put together as commercial nodes I believe the original developer provided some sort of a sewer or septic system for that parcel in the form of a 10,000 gallon tank. What is the position of that, do you know? Mr. Schmeling responded that he knows it is in the neighborhood and it is my understanding that, I am operating on hearsay at this point because I haven’t received any comments on it, is that the sewer system is at or near to capacity. When this goes on to City Council that question may come up at the Council level. I do not know how they are going to handle it with regard to septic or sewer. Mr. Harris responded that you said it is near capacity, but is it even being used? None of that commercial development has ever happened. I believe the new residential all put in individual Lake Havasu City Page 3 Printed on 5/5/2016 Planning and Zoning Commission Minutes - Final April 14, 2016 septic systems. Mr. Schmeling responded I think that some of those residential were allowed to hook into that sewer system, but I just saw Greg walk in and he may be able to answer that. Mr. Greg Froslie addressed the Commission. He asked Mr. Harris to repeat the question. Mr. Schmeling responded that we are talking about the commercial properties that were at the corner of Bison and Kiowa and there is a little sewer system up there that was supposed to take into account this commercial activity. Mr. Froslie responded, yes, there is a satellite septic system that collects for that neighborhood. A portion of that was rezoned to residential; I think there are one or two that did connect to that septic system. If we are talking about capacity, my recollection is that it is a design capacity we are concerned about. It has been used very little because we did connect some of those residential homes to it. What is the concern today? Mr. Harris stated my concern is where is it in regards to these properties? Does one of these properties actually house the system? Is it to capacity? Has it ever been used? Are there plans to do that? Some of the new residential homes did go ahead and put in new septic systems for their own properties. I was not aware that any of them had connected to this septic system. It is just a point that I would like to get on record that it needs to be looked at. Mr. Froslie responded the sewer won’t be an issue whether it is a sewer system connection or an individual septic system or that satellite collection system. It is a valid point. I am not aware of the leach field location and if that would have to be taken out to accommodate the subdivision but regardless the size of the lot cannot be subdivided to the point where they can’t support themselves for sewer with their own individual septic system. Mr. Harris stated I just wanted to be sure it didn’t get overlooked and somebody developed and dug right through the leach system. Mr. Froslie stated somebody in my office took a very close look at that and if it got this far we are good. Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Gilbert had nothing further to add. Mr. Nelson stated in the Letter of Intent it states we are going to three lots. Do we have any dimensions or proposed dimensions? Lake Havasu City Page 4 Printed on 5/5/2016 Planning and Zoning Commission Minutes - Final April 14, 2016 Mr. Schmeling stated at this point we haven’t seen anything. Mr. Harris stated we don’t need them. Mr. Schmeling continued that it would be premature on the applicant’s part to try to reconfigure those lots unless the rezoning is approved. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff finds that the proposed rezoning meets all the requirements set forth in 14.56.080(B). Based on the findings, the Development Review Committee recommends that land use action 16-0667 be forwarded to the City Council with a recommendation of approval for Tract 2270, Block 6, Lots 15-18, rezoning the properties from C-1 to R-1, Single-Family District. Mr. Still made a motion to approve ID 16-0667 a request to rezone Tract 2270, Block 6, Lots 15-18, 3860 through 3890 Bison Boulevard from C-1 Limited Commercial District to R-1 Limited Single-Family Residential as per Staff’s recommendation, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Bergen, Nelson, Still, Gorden, McGowan, Cunningham and Harris Absent: 3 - Hardy, Windholz and Kendig ID 16-0669 Approval of a Conditional Use Permit to Allow a Contractor’s Storage Yard and Temporary Power Pole in the C-2, General Commercial District. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property location and description • Zoning map and existing zoning designation • Applicant is proposing a fenced in storage yard including a temporary power pole • No mention of off-site improvements which we traditionally require • Suggested conditions by Staff are related to neighborhood protection as this is next to a lot zoned for multi-family Mr. Still asked Mr. Schmeling if there is any recommendation for a time line that this conditional use permit would be good for until they make a permanent improvement, in regards to the off-sites. Mr. Schmeling responded that we discussed it at the Staff level and we felt that a year was an appropriate time frame. That is something that is up to the Commission, if you feel that a more lengthy time is appropriate. Lake Havasu City Page 5 Printed on 5/5/2016 Planning and Zoning Commission Minutes - Final April 14, 2016 Mr. Still asked what would happen at the end of the one year. Would the applicant have to come to the Commission again and start over? Mr. Schmeling stated that yes, the applicant could come back and ask for an extension, to which new conditions could be added, or the Commission could have the property abated. Mr. Harris asked if the applicant was present and would they like to make a presentation. Mr. Jay Gilbertson addressed the Commission. He stated that he has a three year plan to put a building there in the next three to four years. Right now I just need a temporary power pole and with all these improvements it is turning into a $20,000 power pole. I can see doing the improvements when I build the building and put all that into the loan to widen the road, landscaping, etc., but it is getting a little much for just a power pole for right now. If you can give me an extension of three to five years for the improvements that would really help out. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Staff recommends that land use action 16-0669 be approved by the Commission with the following conditions: 1. All off-site improvements including street widening and sidewalks shall be completed within one year. 2. A 10-foot landscape area shall be provided along the right-of-way shall be completed within one year. 3. A 6-foot wide landscape buffer and a 6-foot tall screen wall shall be provided along the eastern property line within one year of approval. Mr. Still asked Mr. Schmeling how common are conditional use permits in town. Are there other conditional use permits out there operating without off-site improvements? Mr. Schmeling responded that there are others out there, but they are under various code sections so they may have different types of conditions. All the conditions are based on potential impacts. As an example, the condition #3 comes out of the new neighborhood protection section of the newly adopted Development Code. Mr. Bergen and Mr. Schmeling engaged in conversation about the definition of landscape buffer in the new Code. Mr. Gorden, Mr. Schmeling, and Mr. Harris engaged in conversation regarding existing conditional use permits and the process they will go through to return to the Commission for reconsideration and new conditions before approval. Lake Havasu City Page 6 Printed on 5/5/2016 Planning and Zoning Commission Minutes - Final April 14, 2016 Mr. Froslie addressed the Commission and stated he had one more piece of information the Commission may like to consider before they made a decision. Staff had not had any discussion with the applicant about a three year plan and this is the first we are hearing about that. Had we had that discussion up front, it is likely we would have negotiated something other than one year. Mr. Nelson asked Mr. Gilbertson if he has one year, does he plan on doing the landscaping and screen wall within that year. Mr. Gilbertson responded that his plan is to do the building in three to five years and to obviously do all the improvements, landscaping, parking lot, etc. I just bought my partner out so that is why it is on a three year plan. Mr. Nelson, Mr. Gilbertson, Mr. Schmeling and Mr. Gorden discussed the time line of the one year condition and what would happen at the end of that year without the improvements in place, such as returning for an extension to the conditional use permit. Mr. Still made a motion to approve conditional use permit 16-0669 allowing a storage yard and temporary power pole with the following conditions: 1. All off-site improvements including street widening and sidewalks shall be completed within two years. 2. A 10-foot landscape area shall be provided along the right-of-way shall be completed within two years. 3. A 6-foot wide landscape buffer and a 6-foot tall screen wall shall be provided within two years of approval. The motion was seconded by Mr. Nelson, and carried by the following vote: Aye: 7 - Bergen, Nelson, Still, Gorden, McGowan, Cunningham and Harris Absent: 3 - Hardy, Windholz and Kendig 7. CALL TO PUBLIC Chairman Harris opened Call to the Public. Ms. Vickie Murray addressed the Commission. Ms. Murray had concerns regarding building of an RV garage at 2011 Cabana Drive. Ms. Murray detailed her concerns regarding the building process and asked the Commission for guidance in getting answers to her many questions. Chairman Harris explained that the Commission cannot address the item, but she is now on the record. I would suggest that you take this up with a City official. Lake Havasu City Page 7 Printed on 5/5/2016 Planning and Zoning Commission Minutes - Final April 14, 2016 Mr. Froslie stated he would be happy to discuss with Ms. Murray at the conclusion of the meeting. Chairman Harris closed Call to the Public. 8. FUTURE MEETING Mr. Schmeling stated that the next meeting is a Special Meeting on Thursday, May 5, 2016, as the room is not available for the Regular Meeting on Wednesday, May 4, 2016. The only item on this agenda contains amendments to the new Development Code. Anytime you adopt a document in excess of 300 pages you will routinely find things that were omitted or need to be changed. We have found 10 to 12 of those changes that are necessary. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:45 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Diane Libby, Recording Secretary Lake Havasu City Page 8 Printed on 5/5/2016