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 John Kendig www.lhcaz.gov Dan McGowan Chad Nelson Christy Cunningham, Alternate Keri Elias, Alternate Allen Windholz, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, November 16, 2016 9:00 AM 1. CALL TO ORDER Chairman Harris called the meeting to order at 9:02 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Harris lead in the Pledge of Allegiance. 3. ROLL CALL Allen Windholz informed the Chairman he would not be present today. Present: 7- Lucas Still, Mychal Gorden, Doug Hardy, Jim Harris, John Kendig, Chad Nelson and Dan McGowan Absent: 3- Christy Cunningham, Allen Windholz and Keri Elias 4. MINUTES Mr. Nelson made a motion to approve the minutes of the last meeting, seconded by Mr. McGowan and carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Harris, Kendig, Nelson and McGowan Absent: 3 - Cunningham, Windholz and Elias 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Schmeling reported that at the last City Council meeting, Council approved a rezoning which the Commission recommended, removing the corner lot from C-2/PD, and rezoning it C-2. 6. PUBLIC HEARING ID 16-0980 Approval of a Conditional Use Permit to Allow an Animal Care and Boarding Facility in the C-2/PD, General Commercial Planned Development District Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: Lake Havasu City Page 1 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 • Property location, description, and size • Property has been under a Planned Development specifically for the BLM • Western Arizona Humane Society has submitted for a conditional use permit to locate in the C-2 District • Site plan and Letter of Intent indicate they will use the existing building as it is and all operations will be within the building • Site plan indicates the addition of a couple of shade structures on the far west end of the property Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Harvey Jackson, local attorney, member on the Board of the Humane Society, addressed the Commission. Mr. Jackson’s summarized comments included the following key points: • Patty Gilmore has provided a detailed analysis which you received in your packet • Patty is present to address any questions you may have of an operational nature • The zoning is appropriate with a conditional use permit Chairman Harris opened the Public Hearing. The following residents spoke in opposition of this item, raising concerns of dogs barking, outdoor activities, and the fear of future potential diminished property values: • JoAnne Kupfer • Greg Pedersen • Linda Bowes • Timothy Allen • Edward Mightinger • Ed Ebach The following residents spoke in favor of this item: • Michael Hankins • Keith Toy • Sam Scarmardo Ms. Patty Gilmore, Executive Director, Western Arizona Humane Society addressed the Commission. Patty thanked the Commission and the residents who spoke on this item. Her summarized comments included the following key points: • I am the one who stepped outside the box to look at the BLM building, so I am the one to blame • I took this proposal to the Board because the original building we were going to build Lake Havasu City Page 2 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 was going to cost about six million dollars ($6,000,000.00) • The proposed building was built for the BLM and a federal building, as such, is very well insulated and the STC (sound transmission class) rating is very high • We obtained a lease for five thousand dollars ($5,000.00) per month with an option to buy and the first year’s lease was paid for by Jean McCulloch • Contact has been made with several residents of the neighborhood, many citing highway noise as more of an impact than animals • This building will be fitted with state of the art indoor kennels, one side for relaxing and one side for doing business • The goal for this facility is to have all kennels inside in air conditioning • The majority of the kennels at the current location are outside and this is why people are hearing barking • Details were provided of hosting “meet and greet” activities with the public in the outside yard (supervised at all times) • We have made the commitment that the dogs at the new facility will be inside in the state of the art kennels • The purchase price of the new building is 2.1 million dollars ($2,100,000.00) compared to six million dollars ($6,000,000.00) for a brand new facility Mr. Still asked Ms. Gilmore what kind of assurances can you give if there are violations of the promises that you are making now. If there is a problem at night? Ms. Gilmore responded that they have already considered staff needs given this is a very different facility, a lot of shelters that have indoor kennels have a night time worker. I am encouraging that we have an employee who works at night also. Ms. Gilmore’s summarized comments continued including a detailed explanation of the after- hours PD/Animal Control intake activities at the current facility. The excessive barking is a result of the intake activity taking place near the outdoor kennels where the majority of the dogs are. However; at the new facility the after-hours intake activity will be isolated in a different portion of the building. Continuing the Public Hearing, the following residents also spoke in favor of this item: • Hal Christianson • Nancy Geek • Steve Jenkins Chairman Harris closed the Public Hearing. Mr. Schmeling stated Staff recommends that land use action #16-0980 be approved by the Commission with the following conditions: Lake Havasu City Page 3 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 1. The outdoor area will not be used after 4:30 p.m. daily, except for special events and emergency situations. 2. Daily hours of operations will be limited to 8:00 a.m. to 4:30 p.m. Monday through Saturday, except for special events and emergency situations. Mr. Nelson stated his main concern is how the intake process is going to work. Can we make it a condition of the permit to make all intake happen inside? Mr. Schmeling stated yes you can, and if you are asking if Staff would object to that condition the answer is no. Based on the information that was provided to me is how I derived at the conditions and the Planning Commission, based on testimony today, has the ability to place additional conditions. Ms. Garry stated to clarify for intake purposes are you meaning just Animal Control intake purposes or somebody just dropping off a dog? You would need to clarify in detail specifically what kind of intake you are referring to. Mr. Nelson stated I do intend to clarify that with Ms. Gilmore, and what I mean is when Animal Control brings the dogs to the facility it doesn’t sound like there is someone there to receive the dogs at all times. It sounds like there will be but we don’t know that for sure. If they park and they take the dog around the building or they take the dog 10 feet at this point it seems like there is a lot of barking going on. That is what I intend to clarify. Chairman Harris invited Ms. Gilmore to return to the podium. Chairman Harris asked Ms. Gilmore is she understands Staff recommendations. Ms. Gilmore stated yes, she understands the recommendations. Additionally, Ms. Gilmore provided detailed information regarding the current intake process and the proposed intake process at the new facility. Mr. Nelson and Ms. Gilmore engaged in conversation regarding capacity of the new facility. Ms. Gilmore’s continued summarized comments included the following key points: • Spay/neuter clinics • Vaccination clinics • Quarantine area • Capacity • Community outreach and communication Lake Havasu City Page 4 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 Chairman Harris opened Commission discussion by stating for the record that he is past member of the Western Arizona Humane Society and a past president. Having said that and interpreting what my views are I am also a realtor and a builder in this community. We have several realtors and several builders/developers on this Commission. Our obligation on this Board is to oversee zoning and property rights with regards to that. Having said that, we will certainly do our job in that regard. I will go one step further in saying based on my participation with the Humane Society and my ownership of a dog you might say that I am a dog lover, however; I absolutely loathe dogs barking and interrupting my quiet enjoyment of my property. That is something that I will take very careful consideration into making my decision. The fact that they are going to be an indoor facility is a huge plus but everybody needs to keep in mind that the property is not out- right zoned for this type of an application. It is a conditional use and that is what we are here to hear today. The merits of that conditional use. Based on some of the stuff that we have heard here today with regards to the facility being totally enclosed and the Humane Society going to the extent that they are to mitigate noise, when we get to discussion I would suggest that we maybe we take a look at a couple of additional conditions, and I am going to throw these out here: • A yearly review • Intake process done internally with the doors closed Mr. Still, Chairman Harris, and Mr. Schmeling engaged in conversation regarding the General Plan and its impacts in this area, as well as zoning of the surrounding area. Conversation included permitted uses and review of the Land Use Table. Mr. Still made a motion to approve land use action #16-0980 approving a conditional use permit to allow an animal care and boarding facility in the C-2/PD, General Commercial Planned Development District, with Staff’s recommendations and the following additional recommendations: 1. The outdoor area will not be used after 4:30 p.m. daily, except for special events and emergency situations. 2. Daily hours of operations will be limited to 8:00 a.m. to 4:30 p.m. Monday through Saturday, except for special events and emergency situations. 3. An annual review one year from occupancy. 4. Part of the review we would like to make it very clear that this could be revoked if the conditions of this conditional use permit are not met. 5. Intake to be internal Motion seconded by Mr. McGowan. Chairman Harris stated we have a motion by Mr. Still and seconded by Mr. McGowan to approve ID #16-0980 with Staff’s recommendations including a yearly review for compliance and to require intake to be internal. Lake Havasu City Page 5 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 Chairman Harris asked Mr. Still if on his motion, for the yearly review for compliance, is that going to be every year or just the first year? I believe you indicated in your motion just the first year. Mr. Still responded that I would like this to be a probationary period for one year. Mr. Nelson commented that Mr. Gorden had brought up kennels may not be installed outdoors or animals to be unsupervised outdoors. If a kennel were to be installed outdoor would they need to come in for an additional permit? Mr. Schmeling stated they would be required to amend the conditional use permit if there was any change to the site or operational characteristics that are part of your conditions, they would have to reapply and change or remove the conditions. Mr. Gorden asked if we are making that a condition, that there will be no unsupervised outdoor kenneling of dogs. Mr. Nelson responded yes, I think that would be good. Chairman Harris asked if the maker of the motion agrees. Mr. Still responded yes. Chairman Harris asked if the seconder of the motion agrees. Mr. McGowan responded yes. Chairman Harris stated we are going to include in the motion no installation of exterior kennels. Mr. Gorden stated the concern is more of kenneling of dogs unsupervised outdoors. Mr. Still asked if we can broaden the motion to include if there are any changes to the site plan including any exterior amenities or kennels that it would come back for amendment. Chairman Harris stated it is your motion. Mr. Still stated he would like to do so. Chairman Harris asked Mr. McGowan if he agreed with that. Lake Havasu City Page 6 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 Mr. McGowan stated yes, he agreed with that. Ms. Garry addressed the Commission and asked for a clarification. Is that in lieu of the outdoor kenneling or in addition? Chairman Harris responded in addition. Chairman Harris stated before we vote, let’s clarify the motion. Mr. Still made a motion to approve conditional use permit #16-0980 allowing an animal care and boarding facility with Staff’s recommendations and the additional conditions: 1. The outdoor area will not be used after 4:30 p.m. daily, except for special events and emergency situations. 2. Daily hours of operations will be limited to 8:00 a.m. to 4:30 p.m. Monday through Saturday, except for special events and emergency situations. 3. An annual review one year from occupancy for the renewal of the conditional use permit 4. Require internal intake of all animals. 5. If the site plan or any of the outdoor amenities change it will have to come before the Board for an amendment. 6. No unsupervised outdoor activities. Motion seconded by Mr. McGowan. Ms. Garry commented she wanted to clarify again. Unsupervised activities or kenneling? We might just want to let this motion fail and I am sorry that I would make you say it again, you probably said the same thing with slightly changing the wording every time. To me, kenneling and activities is different. Activities is more broad, that means anything and that may be the intent but I want to make sure we are capturing what it is that you are intending to say. You might have restated something very different and we are going to go back through the minutes and try to write the conditions into this permit and it is going to be a nightmare. It might be helpful to let the motion fail, take a quick recess and sit down with Staff and let’s write out what you want the conditions to be, put them up on the screen so everyone can see them and you can read it for the last time and make the motion then. Chairman Harris and the Commission agreed with Ms. Garry to allow the current motion to fail and proceeded to take a 10 minute recess. Mr. Schmeling restated Staff recommends that land use action #16-0980 be approved by the Commission with the following conditions: Lake Havasu City Page 7 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 1. The outdoor area will not be used after 4:30 p.m. daily, except for special events and emergency situations. 2. Daily hours of operations will be limited to 8:00 a.m. to 4:30 p.m. Monday through Saturday, except for special events and emergency situations. 3. The conditional use permit shall be re-evaluated by the Commission 1 year after occupancy. 4. No outdoor, unsupervised animal activities. 5. All animal intake activities must occur inside the facility with closed doors. 6. In the event of any changes to the site plan, it shall come back before the Commission for review and approval. Mr. Still made a motion to approve conditional use permit #16-0980 allowing an animal care and boarding facility with the following conditions: 1. The outdoor area will not be used after 4:30 p.m. daily, except for special events and emergency situations. 2. Daily hours of operations will be limited to 8:00 a.m. to 4:30 p.m. Monday through Saturday, except for special events and emergency situations. 3. The conditional use permit shall be re-evaluated by the Commission 1 year after occupancy (one time review). 4. No outdoor, unsupervised animal activities. 5. All animal intake activities must occur inside the facility with closed doors. 6. In the event of any changes to the site plan, it shall come back before the Commission for review and approval. Seconded by Mr. McGowan and carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Harris, Kendig, Nelson and McGowan Absent: 3 - Cunningham, Windholz and Elias ID 16-0979 A Request for a Preliminary Subdivision Plat of a 202 Acre Parcel to Include 373 Residential Lots, Five Commercial Properties, a City Park, and a Public Street Within Tracts 2379 - 2391 Mr. Gorden and Mr. Still recused themselves from this item. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property location and description • Details of amendment to Phase II approved in September, 2016 • Preliminary Plat presentation and review • Plat changes based on neighborhood concerns Mr. Kendig asked Mr. Schmeling if the main road into this development still uses Cherry Tree Blvd. Lake Havasu City Page 8 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 Mr. Schmeling responded yes, that is correct. Mr. Kendig and Mr. Schmeling engaged in further discussion regarding access to the development including an emergency secondary access road available for possible future City fire station. Chairman Harris asked if the applicant was present and would they like to make a presentation. Mr. Gorden addressed the Commission. He stated that in Phase I there is a parcel dedicated to the City for a fire station and it is very near Phase II at the top of Cherry Tree Blvd. 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 conditions of the general development plan as well as the requirements of Title 13. Based on the findings, the Development Review Committee recommends that land use action #16-0979 be approved with the following conditions: 1. Developer will be responsible for relocating existing UNS electric facilities that will now be in conflict with proposed parcels that are located within existing Rights-of-Way. Mr. Nelson made a motion to approve ID #16-0979, a request for a Preliminary Plat, a 202-acre parcel to include 373 residential lots, 5 commercial properties, a City park, and a public street within Tracts 2379-2391 with Staff’s recommendations, seconded by Mr. Hardy and carried by the following vote: Aye: 5 - Hardy, Harris, Kendig, Nelson and McGowan Absent: 3 - Cunningham, Windholz and Elias Recused: 2 - Still and Gorden 7. CALL TO PUBLIC None 8. FUTURE MEETING Regular Meeting, Wednesday, December 7, 2016 will be canceled. Regular Meeting, Wednesday, December 21, 2016. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:58 a.m. Lake Havasu City Page 9 Printed on 1/4/2017 Planning and Zoning Commission Minutes - Final November 16, 2016 _________________________________________ Jim Harris, Chairman _________________________________________ Diane Libby, Recording Secretary Lake Havasu City Page 10 Printed on 1/4/2017