Planning and Zoning Commission

Jim Harris, Chairman Lake Havasu City Lucas Still, Vice-Chairman Police Facility Mychal Gorden 2360 McCulloch Blvd North Doug Hardy Lake Havasu City, Arizona 86403 Dan McGowan www.lhcaz.gov Chad Nelson Christy Cunningham, Alternate John Kendig, Alternate Allan Windholz, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, May 18, 2016 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 Ms. Cunningham notified the Chairman she would not be in attendance today. Present: 11 - Donald Bergen, Chad Nelson, Chad Nelson, Lucas Still, Mychal Gorden, Dan McGowan, Dan McGowan, Doug Hardy, Allen Windholz, Jim Harris and John Kendig Absent: 1- Christy Cunningham 4. MINUTES Approve Special Meeting Minutes, May 5, 2016. Mr. Bergen made a motion to approve the minutes, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Bergen, Nelson, Still, Gorden, McGowan, Hardy and Harris Absent: 3 - Cunningham, Windholz and Kendig 5. CORRESPONDENCE AND ANNOUNCEMENTS None. 6. PUBLIC HEARING ID 16-0718 Request to Amend Parking-in-Common Plan by Removing Lots 27 and 28 for Tract 2217, Block 18, Maricopa Avenue Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property location and description • Site Plan of the approved Parking-in-Common Master Plan Lake Havasu City Page 1 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 • Applicant received approval from 70% of the owners within the block • Staff’s review concludes elimination of the two subject lots from Parking-in Common would not negatively effect the rest of the block Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Mark Curry addressed the Commission. Mr. Curry stated that Mr. Crismon is the owner of the property but could not make it today. Mr. Curry is representing the proposed boat dealership at this location. Mr. Curry’s summarized comments included the following key points: • I am a boat dealer with 35 years’ experience, with the last 18 years setting up boat dealerships • We feel this project will help to grow the City to the south • The manufacturers I am talking with have no representation in Arizona and are excited about this opportunity • Pontoon boats will represent the majority of the boat stock • We are targeting and anticipate a September 2016 grand opening Mr. Richard Callagy addressed the Commission. He stated he owns a lot on Maricopa Avenue. He asked if this lot was the only lot being removed from Parking-in-Common. Mr. Schmeling responded that the request is only to remove lots 27 and 28 from Parking-in-Common. Mr. Callagy responded that he had no objection. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff finds the proposed Parking-in-Common request meets all the necessary requirements and the elimination of Lots 27 & 28 will have minimal impact on the overall intent and circulation of Parking-in-Common for the rest of the block. Based on the findings, the Development Review Committee recommends that land use action #16-0718 be approved, removing Lots 27 & 28 from the Parking-in-Common plan for Tract 2217 Block 18. Mr. Nelson made a motion to approve Item ID #16-0718, a request to amend the Parking-in-Common plan with Staff’s recommendations, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Bergen, Nelson, Still, Gorden, McGowan, Hardy and Harris Absent: 3 - Cunningham, Windholz and Kendig ID 16-0717 A Request to Amend Planned Development No. 04-00200011 C-1/C-2/PD (Commercial/ Planned Development) Rezoning a 1.4 acre Portion of the 15.82 acre Property to I-B (Island Body Beach District/Planned Lake Havasu City Page 2 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 Development); Adopting a New General Development Plan for Phase II to Include: Up to Six Multi-Family Townhomes and a 2,800 square foot Restaurant; Requesting an Exception from Section 14.04.01 Table 4.01-3 of the 10-foot Side-Yard Setback Requirement to Allow Construction on the Property Line Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property location and description • Original adopted General Development Plan site plan and approved entitlements • Details of proposed changes to the General Development Plan • Details regarding the request for an exception from the 10 foot side-yard setback requirement • Slide of an artist’s rendition of what the proposed development may look like Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Bart Wagner addressed the Commission. I would like to thank Stuart for the work that he has done and also the City and this Commission. Mr. Wagner commented that the I-B Zoning District lends itself very well to this project. He stated he was willing to answer any questions the Commission may have. There being no questions for the applicant by the Commission, Chairman Harris opened the Public Hearing. Mr. Greg Clark, Trinity Land Development (Grand Island and Grand Island Estates) addressed the Commission. Mr. Clark’s summarized comments included the following key points: • When we first purchased property we were told the City limited the island to 400 residential units • My sales staff have received phone calls and emails from current residents opposed to this item and they asked me to represent them Chairman Harris asked Mr. Schmeling what he could say about the assertion that the City indicated there would never be any additional residential units on the island. Mr. Schmeling responded that at the time the Grand Island Estates development was approved the current Council decided they wanted to limit that portion of the island to not allow additional single-family residential units on the island. I was not here at that time so I can’t speak to any of the discussions other than by reviewing minutes, however; over time we have had different Commissions and Councils and changes in philosophy, changes in direction. The new Development Code and the new General Plan discussed and talked about all those issues. These townhome units are not the traditional single-family lot where you would own a lot as well as the building itself. I think there is definitely a difference between the two and it is in the currently Lake Havasu City Page 3 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 adopted General Plan and the General Plan that is about to be voted on in November, both suggesting it is appropriate to have this style of residential development on the island. Mr. Nelson asked Mr. Clark if he has had sales come from Beachcomber and Islander residents. Mr. Clark responded yes. Mr. Nelson responded that they can’t own the land and you have a limited opportunity on the island where people can own the land. Mr. Clark responded yes. Mr. Nelson asked Mr. Clark if he didn’t see this as something where people can start to enjoy the island and possibly step up to your location. Mr. Clark responded yes it is a stepping stone, but there are already 40 lots available in the townhome section. Chairman Harris closed the Public Hearing. Mr. Schmeling stated that for the record, just before the meeting I was handed an objection letter signed by several home owners. I will read it into the record: This letter is in regards to the amendment stated above. We wanted to express our concerns. We all have homes within Grand Island Estates. We purchased with the knowledge that Grand Island Estates was going to be the only “Single Family” residences on the island. We have no problem with the proposed restaurant as we do not think that requires rezoning since the parcel is zoned for Commercial. We adamantly object to the “up to 6 multi-family townhomes” as this would require the zoning to include residential. We feel this would start a chain reaction that could affect the future of the entire island. You start with “up to 6 multi-family townhomes” and you will continue to get rezone requests for other areas on the island. You should not allow more high density residential homes on the island especially with traffic issues we already experience. This was not part of the master plan for the island and is not “Resort Related”. If this is approved it could also effect all our property values in the future in an adverse way. There are approximately 25 vacant townhomes lots within Grand Island Estates and there is no public need at this time for an addition of up to 6 multi-family townhomes. Mr. Schmeling stated it was signed by several individuals and the Clerk has a copy for the record. Lake Havasu City Page 4 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 Chairman Harris provided Mr. Wagner the opportunity to address some of the concerns presented. Mr. Wagner’s summarized comments included the following key points: • The proposed change to this development plan reduces the amount of square footage on the site by over 4,000 square feet • It will match existing construction on the street, 2 story stucco • We believe this change will reduce future traffic because it reduces the number of commercial businesses that could be on the property Mr. Nelson asked Mr. Wagner if anybody has reached out to him that is selling homes on the island in opposition to this. Mr. Wagner responded no. Mr. Nelson asked Mr. Wagner how he intends to work with Mr. Clark and his sales staff. Mr. Wagner responded that for these townhome structures, multi-family, our intent right now is it will not include land ownership. We envision long term leases. It will be different than purchasing a home. These are intended to meet the market of a weekender or not full time residents. Mr. Nelson and Mr. Wagner continued discussion regarding the potential type of owner for these units. Mr. Bergen addressed Mr. Wagner with concerns about the 10-foot side-yard setback exception request. He stated that it would mean you could build right on the lot line. Mr. Wagner stated that it is something that we have determined we need for the depth of these units for this to be successful. Mr. Harris, Mr. Still, Mr. Nelson, Mr. McGowan, and Mr. Wagner continued discussion regarding the setback exception request. Mr. Schmeling stated that Staff finds the proposed Planned Development amendment meets all the requirements set forth in 14.05.04(L). Based on the findings, the Development Review Committee recommends that land use action ID #16-0717 be forwarded to City Council with a recommendation of approval for the addition of up to six townhomes including the exception allowing the building adjacent to the property line. Positive comments in support of approving this item were expressed by Chairman Harris, Mr. Gorden, and Mr. Nelson. Lake Havasu City Page 5 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 Mr. Still made a motion to approve Item ID #16-0717 a request to amend Planned Development #04-00200011 C-1/C-2/PD (Commercial/Planned Development) rezoning a 1.4 acre portion of the 15.82 acre property to I-B (Island Body Beach District/Planned Development); adopting a new General Development Plan for Phase II to include up to six multi-family townhomes and a 2,800 square foot restaurant requesting an exception from 14.04.01 Table 4.01-3 of the 10-foot side-yard setback requirement to allow construction on the property line, seconded by Mr. Hardy, and carried by the following vote: Aye: 6 - Nelson, Still, Gorden, McGowan, Hardy and Harris Nay: 1 - Bergen Absent: 3 - Cunningham, Windholz and Kendig ID 16-0719 A Request to Amend Planned Development No. 01-005 C-1/PD (Commercial/ Planned Development District); Rezoning the Property from C-1/PD to MU-UMS/PD (Mixed Use Uptown McCulloch Mainstreet District/Planned Development); Adopting a Revised General Development Plan Including a Continuing Care Retirement Community and Accessory Commercial Uses Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property location and description • Original adopted General Development Plan site plan and approved entitlements • Details of proposed changes to the General Development Plan • Main change is the addition of the retirement care community • The newly adopted Development Code supports the proposed change • The current General Plan and the General Plan to be voted on in November support the proposed change Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Mychal Gorden addressed the Commission. He stated he was here on behalf of the owner’s, Mr. and Mrs. McClory, and Desert Land Group, the applicant. We are here to introduce this project to you and we are very exciting about this project for Lake Havasu City. Mr. Gorden’s summarized comments included the following key points: • The major change from the approved Planned Development is the incorporation of a continuing care retirement community • Addition of some mixed uses to support the ASU campus, Main Street, and the upper portion of Swanson Avenue • The project is proposed in 4 distinct phases, Phase 1 and Phase 2 are the continuing care retirement community Lake Havasu City Page 6 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 • Continuing care retirement communities are in demand throughout the country • Historically, care has been limited to nursing homes which are institutional style living • Today’s world allows seniors to age in place beginning with independent living, followed by assisted living, memory care and care that evolves based on needs • Independent living allows singles or couples to move on from a single-family home to a safe secure environment where they are not as isolated • Proposed Phase 1 of the development is for independent living • Amenities on the ground floor are for the residents and the public which includes things such as swimming pool, patio space, salon, movie theatre, game rooms and recreation rooms • Phase 2 will be an extension into assisted living and memory care Mr. Gorden stated one of the big questions they have received is why on this site and why next to ASU. Senior living is one component of this project and the other two phases are geared toward true mixed uses, medical support, restaurants, office space, retail space, and space for ASU to grow into the site as this project continues to grow. Mr. Gorden continued with additional summarized comments including the following key points: • We have held a series of meetings with ASU and we have received a letter of support for this project • ASU is supporting the development of an independent senior living project on Mill Avenue in the heart of their campus in Tempe • Inter-generational living gives seniors an opportunity to volunteer and return to school on campus • We believe this location will help the upper portions of the City redevelop and grow • We are excited about the connections with ASU and Main Street and how together we can all grow this project into a dynamic area to work, live, eat, and enjoy life Mr. Gorden concluded his presentation and stated he would be happy to answer any questions. Mr. Bergen expressed concerns for parking. He stated right now at ASU there are times when the parking lot is totally full. How many people from this development would decide to park over there and use more of that parking? Mr. Gorden responded that when they first sat down with ASU they discussed adding more connection to help them increase their parking capacity, creating ways to share parking. In the end they didn’t want to do that unless they were involved with any of these buildings. They like their circulation as it exists today. The issues that present themselves today that ASU does not like revolve around youth sports and the ballfield when the time over-laps with school activities. I understand your concern, but for this development's perspective we are providing plenty of parking for the proposed units. We feel we have adequately addressed both circulation and parking and this development will function on its own. Lake Havasu City Page 7 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 Mr. Kendig expressed concerns about the four story building hiding ASU. He stated I think it is a mistake. Swanson is a main artery in this town. It is a wonderful idea but I don’t agree that this is a good place for it. I like the idea, there is nothing wrong with the idea. I am surprised ASU would be so supportive of this. Mr. Kendig and Mr. Gorden continued discussion regarding ASU’s support of the project. Chairman Harris asked Mr. Gorden if there is any possibility of ASU participating in any residential aspect of the site. Mr. Gorden responded that they asked ASU if they had interest in the site. ASU currently has room to grow and develop on their site. They are developing dorms on the site adjacent right now. I can’t speak for them whether they would or wouldn’t, about how much growth they would like to see on Swanson but they do have room to grow right now according to ASU. The discussion we had with them was over Phase 4. In an ideal world for us, it would be a joint effort where you have restaurant retail space on the ground floor which is really the big thing that ASU was interested in and then you have three floors of office space, or classroom space for the campus. We really envision Phase 4 to be a joint effort with ASU to provide additional expansion out on Swanson. Mr. Nelson added comments supporting the project and shared theoretical ideas of what he could envision in Phase 4 such as a college book store or computer lab, and a student lounge. He continued supportive comments for the project. Mr. Nelson also commented that increased traffic on Swanson is inevitable due to other future developments that are going to happen on Swanson. Chairman Harris asked Mr. Gorden if there was a timeline. Mr. Gorden responded that the property is set to close pending approval of the zoning change in July by City Council. Phase 1 will go into full construction around the first of the year. You would see Phase 1 developed and open to the public in January of 2018. I see a phase coming on line each year or two after that, as it grows and develops. Chairman Harris opened the Public Hearing. The following residents addressed the Commission and spoke in favor of the project: • Mr. Gary Hanson – ASU full time student • Mr. John Parrott – Coldwell Banker Commercial Real Estate • Mr. Jim Merrick - Resident The following resident addressed the Commission and spoke against the project: Lake Havasu City Page 8 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 • Mr. Ron Forrar – Resident Chairman Harris closed the Public Hearing. Mr. Schmeling stated Staff finds that the proposed rezoning meets all the requirements set forth in 14.05.04(L). Based on the findings, the Development Review Committee recommends that land use action #16-0719 be forwarded to the City Council with a recommendation of approval for the rezoning of Tract 2268, Block 2, Lots 1-11 from C-1/PD to MU-UMS/PD adopting the proposed General Development Plan including a continuing care retirement community, accessory medical uses and accessory commercial uses. Mr. Nelson stated his support for the project and commented that Swanson is going to be an issue in the future (traffic) and it is something that the City should look into. Mr. Greg Froslie, Director of Community Investment, addressed the Commission. Mr. Froslie stated that the Swanson corridor between Lake Havasu Avenue and Acoma is currently under design, or at least under analysis for future improvements. The traffic conditions are being looked at right now and it is through the WACOG program. We have construction scheduled for the summer of 2018. This would coincide with the construction of this project very well. Chairman Harris asked Mr. Froslie which type of improvements he was speaking about. Mr. Froslie responded traffic improvements, intersection improvements, street widening or street narrowing to promote conformity throughout that entire stretch. Mr. Nelson made a motion to approve item ID #16-0719, a request to amend Planned Development No. 01-005 C-1/PD (Commercial/Planned Development District) rezoning the property from C-1/PD to MU-UMS/PD (Mixed Use Uptown McCulloch Mainstreet District/Planned Development) adopting a revised General Development Plan including a continuing care retirement community and accessory commercial uses with Staff’s recommendations, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Bergen, Nelson, McGowan, Hardy, Windholz, Harris and Kendig Absent: 1 - Cunningham Recused: 2 - Still and Gorden 7. CALL TO PUBLIC None. 8. FUTURE MEETING Lake Havasu City Page 9 Printed on 7/20/2016 Planning and Zoning Commission Minutes - Final May 18, 2016 Mr. Schmeling stated that the Regular Meeting for Wednesday, June 1, will be canceled as we have no items. We also have no items yet for the Regular Meeting for Wednesday June 15, but it is too early to determine if the meeting will be canceled. Chairman Harris reminded the Commission that he will be absent for either of the June meetings. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:15 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Diane Libby, Recording Secretary Lake Havasu City Page 10 Printed on 7/20/2016