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, July 20, 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 Mr. Windholz was seated. Present: 8- Lucas Still, Mychal Gorden, Doug Hardy, Allen Windholz, Jim Harris, John Kendig, Chad Nelson and Dan McGowan Absent: 1- Christy Cunningham 4. MINUTES Approve Regular Meeting Minutes from May 18, 2016. Mr. Still made a motion to approve the minutes, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Windholz, Harris, Nelson and McGowan Absent: 2 - Cunningham and Kendig 5. CORRESPONDENCE AND ANNOUNCEMENTS None REPORT ON COUNCIL ACTION ON COMMISSION RECOMMENDED ITEM(S) Chairman Harris asked Mr. Schmeling to report on the recommended modification to the M1-P zone change. Mr. Schmeling responded it is my understanding that when we submitted the information to Council and we wrote up the Council Communication and the staff report, the Ordinance only included the changes that Staff recommended. I was very careful to articulate during the discussion and the information presented that the Planning Commission also recommended the BP to LI change. When Council voted they voted on the Ordinance and they did not make a Lake Havasu City Page 1 Printed on 9/7/2016 Planning and Zoning Commission Minutes - Final July 20, 2016 recommendation to make that change as well. In other words they did not modify their motion to include the extra change of BP to LI. Chairman Harris responded then they weren’t asked if they want to make that modification. From the Commission’s standpoint that was a pretty straight forward request. I think for the local real estate database that would have been a nice enhancement to the interpretation of that zoning district. Mr. Schmeling responded I have had calls from Council members and we are working on it. Chairman Harris and Mr. Schmeling engaged in discussion regarding the unexpected cancelation of the last Regular Planning and Zoning Commission meeting. Discussion included the reason for the cancelation and the impacts to applicants and/or developers. At the end of this discussion, Chairman Harris’s summarized comments highlighted the importance of holding these publically noticed meetings as scheduled. 6. PUBLIC HEARING ID 16-0740 Approval of a Conditional Use Permit to Allow an Outdoor Cooking Area in the C-2/PD, General Commercial Planned Development District Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including the following key points: • Property location and description • Ariel photo of the site including the residential area to the north • Description of location choice Option A and alternative location Option B • Details of outdoor grill placement, prep table, and screen walls • Comments have been received from multiple citizens to the north Chairman Harris asked Mr. Schmeling what the zoning is of the area across the wash. Mr. Schmeling responded it is R-1. Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Terry Daniels, Store Director of Food City, addressed the Commission. Mr. Daniel’s summarized comments included the following key points: • How the program started 3 years ago • The program has been successful and has continued to grow since it was implemented • The program brought in approximately $250,000 worth of sales last year Mr. Darren VandeVoorde, Bashas’ Director of Safety & Health, addressed the Commission. Mr. VandeVoorde’s summarized comments included the following key points: Lake Havasu City Page 2 Printed on 9/7/2016 Planning and Zoning Commission Minutes - Final July 20, 2016 • We have 117 stores and roughly 30 of the stores do this program • We are revamping the program to meet the Codes of the municipalities • When we received the complaint about this location, we came out and surveyed the area • Option A is the first choice location for this store as it allows the customers to see the product when they enter the store • If it is determined to be a safety issue, we also felt Option B was acceptable Chairman Harris asked what the hours of grilling are. Mr. Daniels responded on Friday, Saturday, and Sunday grilling starts at 6:00 a.m. and will go until 6:00 p.m. or 7:00 p.m. Tuesday, Wednesday, and Thursday grilling starts at 8:00 a.m. until 4:00 p.m. Mr. Nelson asked if they had thought of any ways to mitigate the smoke. Mr. VandeVoorde responded that there are screens that have been put up to try and limit the smoke in that area. Chairman Harris and Mr. VandeVoorde engaged in discussion regarding potential impacts to sales at the Option A site versus the Option B site. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff recommends that land use action #16-0740 be approved by the Commission with the following conditions: 1. The food to be cooked in the outdoor cooking area must be stored and prepared (cut, seasoned, etc.) inside Food City. 2. The food to be cooked in the outdoor cooking area must be transported in a covered container to prevent contanimation, and must be cooked on the grill immediately. No food may be stored in the outdoor cooking area or outside of Food City. 3. After cooking to proper temperatures, the food must be transported back into the kitchen of Food City in clean/covered containers. 4. The containment fencing shall include slats or another opaque material in order to control and minimize the escape of grease and smoke and must be in place during any operation of the outdoor cooking area. Mr. Schmeling stated I apologize for some of those conditions reading funny but one part of our review program is that we send this information to several agencies, one of which is Department of Health Services and they submitted comments. I wanted to make sure their wording was used verbatim. Lake Havasu City Page 3 Printed on 9/7/2016 Planning and Zoning Commission Minutes - Final July 20, 2016 Mr. McGowan wanted to clarify that the request is to leave the grilling station where it sits now, which is Option A. Mr. VandeVoorde confirmed yes, that is the request. Mr. Gordon made a motion to approve Item #16-0740 based on Staff recommendations, seconded by Mr. Still, and carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Windholz, Harris, Nelson and McGowan Absent: 2 - Cunningham and Kendig ID 16-0795 Request to Amend Parking-in-Common Plan by Removing Lot 20 for Tract 2217, Block 18, 3429 Maricopa Avenue Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including the following key points: • Property location and description • Location of this lot is adjacent to a City parcel on the east • West of this lot are lots previously removed from Parking in Common for sales and display • Site Plan of the Parking-in-Common Master Plan • Staff’s review concludes elimination of the subject lot from Parking-in Common would not negatively affect the rest of the block Chairman Harris opened the Public Hearing. Mr. Richard Callagy, owner of the building of the Tavern 95 restaurant spoke in opposition of this request. Ms. Robin Hill addressed the Commission. Ms. Hill’s summarized comments included the following key points: • Ms. Hill and her husband are the applicants and prospective buyers of Lot 20 • She does not believe removing Lot 20 from Parking-in-Common would impact Tavern 95 restaurant parking • They believe it would benefit the Southgate Commercial District to have commercial growth in that area Chairman Harris apologized to Ms. Hill for not bringing her to the podium before opening the Public Hearing. Mr. Nelson asked Ms. Hill what is the intention for use of the lot. Ms. Hill responded that she and her husband own Perfect Circle Masonry and they intend for a large portion of the display area to be masonry related like outdoor kitchens, fireplaces, and pool Lake Havasu City Page 4 Printed on 9/7/2016 Planning and Zoning Commission Minutes - Final July 20, 2016 decks, etc. Ms. Hill also stated that they are a dealer for a carport manufacturer and would like the opportunity to display a large carport. Chairman Harris closed the Public Hearing. Mr. Schmeling stated that Staff finds the proposed Parking-in-Common meets all the necessary requirements and the elimination of Lot 20 will have a minimal impact on the overall intent and circulation of the Parking-in-Common for the rest of the block. Based on the findings, the Development Review Committee recommends that land use action #16-0795 be approved, removing Lot 20 from the Parking-in-Common plan for Tract 2217, Block 18. Mr. Still, Mr. Gorden, Mr. Nelson and Mr. Schmeling engaged in detailed discussion including the following key points: • A detailed explanation by Mr. Schmeling regarding the original intent of the Parking-in-Common master plans • Review process steps related to overall parking calculations of the entire block • Traffic management and additional curb cuts • Analysis of each application on a case by case basis in relation to adjoining lots previously removed from Parking-in-Common or City owned parcels • Future potential impacts to property owners and business owners within the block • Landscaping requirements of Parking-in-Common plans versus non Parking-in-Common plans • Required parking spaces will be determined based on the new Development Code Chairman Harris asked the applicant to return to the podium. He asked Ms. Hill if she was aware of what the parking requirements were going to be once you do this. Ms. Hill responded that we have reviewed the new Code and we are aware that each type of building has a minimum parking requirement. Ms. Hill's additional summarized comments included the following key points: • Our offer to purchase this property is contingent on it being removed from Parking-in-Common • There are no plans to cover up established parking • Plan to reserve the current Parking-in-Common area for displays and structures • We understand we need to submit site plans with the carport structure and display items • Plan to meet all landscape requirements Chairman Harris clarified that the point he was trying to make was that the size of the permanent structure that you put on there is going to dictate the amount of parking spaces that you are required to have. You don’t have to build that entire buildable footprint area and you can utilize some of that for display and you understand that. Ms. Hill responded, yes that is correct. Lake Havasu City Page 5 Printed on 9/7/2016 Planning and Zoning Commission Minutes - Final July 20, 2016 Chairman Harris closed by stating that the point being whatever size structure you put on there is going to dictate the amount of parking spaces and they must remain. Ms. Hill stated, yes, we are aware of that. Mr. Still made a motion to approve Parking-in-Common Amendment #16-0795 removing Lot 20 from the Parking-in-Common Plan for Tract 2217, Block 18, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Windholz, Harris, Nelson and McGowan Absent: 2 - Cunningham and Kendig ID 16-0797 A Request for a Preliminary Subdivision Plat to Create Four Residential Lots and a Public Street Within Tract 2367 Parcel E and F, Adjacent to Avienda Del Sol Right-of-Way Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including the following key points: • Property location and description, originally part of Havasu Foothills • Proposed preliminary subdivision plat extends the cul-de-sac approximately 200 feet • New owner is requesting four residential lots Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Gary Oxley, representing the applicant, addressed the Commission. He stated he wanted to clarify a few things. There is an existing lift station on Parcel F. Parcel E was designated for the sewer treatment plant on the project prior to us aquiring City approval to hook-up to the City sewer. At that time we re-platted this area and due to the Great Recession nothing ever happened with it until now. I am here to answer any questions you may have. Mr. Nelson and Mr. Oxley engaged in conversation regarding the impact of drainage for the proposed lots. Chairman Harris opened the Public Hearing, hearing none he closed the Public Hearing. Mr. Schmeling stated Staff finds that the proposed preliminary plat meets all the requirements necessary for approval. Based on the findings, the Development Review Committee recommends that land use action #16-0797 be approved with the following conditions: 1. A waterline shall be extended to the end of the cul-de-sac and a hydrant shall be added at the end of the cul-de-sac. 2. Standard street section for a drive shall be 21 feet from centerline to curb face per LHC offsite improvement standards. There shall be a dedicated drainage easement to allow for drainage Lake Havasu City Page 6 Printed on 9/7/2016 Planning and Zoning Commission Minutes - Final July 20, 2016 from the proposed cul-de-sac. A sewer system will need to be added and approved by Lake Havasu City to serve the proposed residential lots. 3. The subdivided lots are not currently served with electric distribution facilities. Service will be provided in accordance with Unisource's current tariffs on file with the Arizona Corporation Commission. Developer shall enter into an agreement with Unisource Electric to provide power to residential lots in advance of permanent customers. Mr. Nelson made a motion to approve ID #16-0797 a request for a Preliminary Subdivision Plat to create four residential lots and public street within Tract 2367 Parcels E and F adjacent to Avienda Del Sol Right-of-Way with Staff’s recommendations, seconded by Mr. Gorden, and carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Windholz, Harris, Nelson and McGowan Absent: 2 - Cunningham and Kendig ID 16-0796 A Request to Amend Planned Development No. 07-00200001, Havasu Foothills Estates Phase II, MU/RE/PD (Mixed Use/Residential Estates Planned Development District) A 204.88-Acre Parcel: Amending the General Development Plan to Reduce the Mixed Use Town Center/Commercial Component from 14.19 Acres to 8.8 Acres; Removing the 100 Foot Right-Of-Way Dedicated for the Parkway; Relocating the Required School Site to Phase III; Changing the Requirements for the Development of the City Park Parcel; Making Minor Adjustments to the Lot Layout and Roadway Configuration; and Changing the Zoning Classifications to Include the Proposed Relocation of Land Uses Mr. Gorden and Mr. Still recused themselves from this item. Mr. Kendig was seated. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including the following key points: • Property location and description of the 204.88 acres of Phase II of Havasu Foothills • Review of the original development plan, entitlements, and site plan for Phase II which was approved in 2003 and amended in 2006 • Proposed change to remove 100-foot Right-of-Way • Proposed request to change school site to Phase III • Proposed reduction of the 14.19 acre town center by 8.8 acres • Proposed change to conditions of the park included in the 2006 amendment Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Gorden, representing the owner and developer of Havasu Foothills, addressed the Commission. Mr. Gorden’s summarized comments included the following key points: • Background of the Havasu Foothills Phase I development Lake Havasu City Page 7 Printed on 9/7/2016 Planning and Zoning Commission Minutes - Final July 20, 2016 • Developer is preparing to get the infrastructure set up for Phase II • Development details supporting each proposed change identified in the request Chairman Harris opened the Public Hearing. Two residents spoke in favor of this item, Mr. Scott Godfrey, resident of Havasu Foothills, and Ms. Tracy Miller. 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 #16-0796 be forwarded to the City Council amending Planned Development 07-00200001 adopting a new General Development Plan with the following conditions: 1. Phase II shall be subject to all conditions contained in Lake Havasu City Ordinance No. 03-717. 2. Phase II shall be subject to the following conditions in Lake Havasu City Ordinance No. 06-814: • The maximum building height for the 14.19 acres known as Foothills Town Center shall be 36 feet. • The minimum lot size for the portion known as the Arroyo Homesites to include 115 lots, shall be 11,250 square feet and the setbacks shall be 25 feet front and rear and 5 on each side. • Adhere to all requirements of the amended and Restated Development Agreement for Havasu Foothills Estates between the developer and the City and all applicable conditions of Ordinance No. 03-717. 3. Condition #3 within Lake Havasu City Ordinance No. 06-814 shall be modified as follows: • The proposed park shall be improved by the developer in two phases. Phase one will be the development of at least half of the park prior to the issuance of 100 Certificates of Occupancies within Phase II of the development. Phase two will be the development of the remaining portion of the park prior to the issuance of 200 Certificates of Occupancies within Phase II of the development. • A park improvement plan must be submitted for review and approval by Lake Havasu City prior to the issuance of any permits. The developer is responsible for the cost of the park improvements per the development agreement. Developer shall dedicate the park to City upon completion. 4. School site shall be relocated to Phase III. 5. Any addition/changes to water mains, services, or fire hydrants will be at the developer’s expense. 6. Any existing electrical facilities within the boundary of Phase II that may be in conflict with a new proposed plat based on the amendment shall be addressed and resolved prior to any future final plat approval. Lake Havasu City Page 8 Printed on 9/7/2016 Planning and Zoning Commission Minutes - Final July 20, 2016 Mr. Nelson asked if we have the abandonment of the parkway in writing from ADOT. Mr. Schmeling responded that we have had correspondence over time with the Department of Transportation and they have gone on record indicating that they have chosen a different corridor for their proposed plan. That plan is not even on their 20 year radar. Mr. Nelson asked Mr. Gorden if the size of the school site would remain the same. Mr. Gorden responded yes, I believe it is 8.5 acres, but the original Development Agreement called out the size of the parcel to be dedicated, so it would remain the same. Mr. Kendig expressed concerns regarding Commission members participation and possible conflicts of interest. Mr. Schmeling informed the Commission that this item was advertised to go before City Council on August 23, 2016. We have been informed that the City Council meeting on this date has been canceled. Therefore, this item will be re-advertised for the City Council meeting of September 13, 2016. Mr. Nelson made a motion to approve item #16-0796 with Staff recommendations, seconded by Mr. McGowan, and carried by the following vote: Aye: 6 - Hardy, Windholz, Harris, Kendig, Nelson and McGowan Absent: 3 - Still, Gorden and Cunningham 7. CALL TO PUBLIC None 8. FUTURE MEETING Wednesday, September 7, 2016, at 9:00 a.m. - Regular Meeting. (Wednesday, August 3, 2016, at 9:00 a.m. - Regular Meeting will be canceled). (Wednesday, August 17, 2016, at 9:00 a.m. - Regular Meeting will be canceled). 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:20 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Diane Libby, Recording Secretary Lake Havasu City Page 9 Printed on 9/7/2016