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 John Kendig 86403 Dan McGowan www.lhcaz.gov Chad Nelson Don Bergen, Alternate Planning and Zoning Commission Regular Meeting Leo Biasiucci, Alternate Christy Cunningham, Alternate Minutes - Final Wednesday, December 20, 2017 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 led the Pledge of Allegiance. 3. ROLL CALL Mr. Bergen was seated. Present: 8- Jim Harris, Lucas Still, Mychal Gorden, Doug Hardy, Dan McGowan, Chad Nelson, Donald Bergen and Christy Cunningham Absent: 2- John Kendig and Leo Biasiucci 4. MINUTES Approval of Regular Meeting minutes from December 6, 2017. Mr. McGowan made a motion to approve the minutes of the last meeting, seconded by Mr. Hardy, and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Hardy, McGowan, Nelson and Bergen Absent: 3 - Kendig, Biasiucci and Cunningham 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Schmeling requested the Commission be deliberate in their voting as this is Ms. LaFrano’s first meeting without Mrs. Libby, and she is relatively new to the software system. 6. PUBLIC HEARING ID 17-1463 A Request to Amend Planned Development No. 97-005 by Rezoning APN 120-54-013 (Parcel “G”), 17.87-acres, from C-2/PD (General Commercial Planned Development) to C-2 (General Commercial) Lake Havasu City Page 1 Printed on 3/12/2018 Planning and Zoning Commission Minutes - Final December 20, 2017 Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The PD (Planned Development) was originally approved in 1997. • The parcel is 17.87 acres and located in the north end of town, west of the airport. • Currently, the entire property is designated as C-2/PD (General Commercial Planned Development). • In 2014, the five adjacent lots were rezoned to C-2 (General Commercial). • Request today is to remove the property from the PD and rezone it back to C-2. Mr. Still asked what restrictions or variances are currently in place for the PD. Mr. Schmeling stated that when the PD was adopted, only specific parcels had a site plan attached to them. There were several “out parcels” that do not have a site plan that would have to come before the Commission for development. Although the applicant was present, a presentation was not made on their behalf. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff finds the proposed rezoning meets all the requirements set forth in the Development Code. Based on those findings, the Development Review Committee recommends that land use action 17-1463 be forwarded to City Council, with a recommendation of approval amending Planned Development No. 97- 005 by rezoning APN 120-54-013 (Parcel “G”), 17.87-acres, from C-2/PD to C-2. (General Commercial). Mr. Still made a motion to approve ID 17-1463, a request to amend Planned Development No. 97-005, by rezoning APN 120-54-013 (Parcel “G”), 17.87-acres, from C-2/PD to C-2 (General Commercial), seconded by Mr. Hardy, and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Hardy, McGowan, Nelson and Bergen Absent: 3 - Kendig, Biasiucci and Cunningham ID 17-1465 A Request for a Major Amendment to Planned Development No. 00-007 to Allow 12 Accessory Courtesy Docks and to Allow Overnight Mooring for Hotel Guests Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property is adjacent to the London Bridge, on the Island side. • The PD (Planned Development) was originally approved in 2000. • The site is fully developed. • Only change proposed today is in regards to mooring/docking system. • Original PD was amended in 2003 to include a form of mooring. Lake Havasu City Page 2 Printed on 3/12/2018 Planning and Zoning Commission Minutes - Final December 20, 2017 • The amendment allowed 4 mooring locations adjacent to seawall. • The proposed docks are a significant departure from the original approval. • New dock configuration of 12 slips is being requested, as opposed to the 4 “parking spots” originally approved in 2003. Mr. Larry Cook, managing member of Big Bear Dock & Marine LLC., gave a narrative including the following key points: • ADA requirements have changed since the original approval. • Commercial Marine type facility requires an 80-foot ADA gangway. • With elevation differences the 80-foot Gangway was able to be shortened to 48 feet in length, tuck back in wall recess, and able to get good setbacks in perpendicular slits with the new design. • Approval from Army Core of Engineer has been obtained. • Backing up to channel was a citizen concern; however, there is over 300 feet of clearance in the narrow section. • Only backing into one area in archway. • Site, operation, and maintenance will be managed by Heat Hotel. Charirman Harris questioned the standoff distance from sea wall. Mr. Cook stated the Gangway is 20 feet in length, head walk of dock is 5 to 6 feet, and the slip length is 28 feet. Mr. Cook stated the depth of water is reasoning for 20-foot distance from seawall. The Commission and Mr. Cook had a lengthy discussion regarding the safety of boaters on busy weekends, with boats backing up from the slips onto the channel and dock distance from the seawall. Mr. Cook stated that the docks will be open to all facilities in PD; overnight use is exclusive to Hotel guests; and the length of stay will be monitored by Heat Hotel. Chairman Harris opened the Public Hearing. Ms. Valerie Rock, retired citizen, addressed the Commission with an unrelated matter to the proposed item regarding electricity. Charirman Harris informed Ms. Rock that the Commission is unable not address her issue and suggested she contact Unisource Energy Services. Charirman Harris closed the Public Hearing. Mr. Schmeling stated that Staff finds the proposed change in the PD or Conditional Use Permit meets all the requirements set forth in the Development Code sections. Based on those findings, the Development Review Committee recommends that Land Use Action 17-1465 be forwarded to City Council with a recommendation for approval with the Lake Havasu City Page 3 Printed on 3/12/2018 Planning and Zoning Commission Minutes - Final December 20, 2017 following conditions: 1. The applicant shall be responsible to obtain all necessary permits from outside agencies, including the Army Corps of Engineers. 2. The applicant shall be responsible for obtaining all necessary building permits. 3. The proposed improvements must meet all ADA standards. 4. No fueling of boats shall be allowed at the docks. 5. The docks must comply with the 2012 IFC, Chapter 36 (Marinas). Charirman Harris asked the applicant if he understood and was in agreement towards the conditions set forth by Staff, to which the applicant responded in agreement. Mr. Bergen stated his concern regarding the community knowledge about the proposal and is concerned about the configuration of the docking in our channel. Mr. Bergen feels backing of boats into channel is an endangerment. Mrs. Garry clarified, for the record, that the item was publicized as required by law. Also, with respect to the docks and other developments, there have been approvals for other docks as part of other Planned Developments within the Channel. Further discussion was made amongst the Commission regarding the safety of boaters, especially on busy days, and distance from seawall. Mr. Still stated that possibly adding an additional condition where the dock shall not protrude more than 56 feet would alleviate the safety concern. Charirman Harris asked Mr. Cook if he had a response to the condition, to which Mr. Cook stated he had no problem with the condition. Additional discussion made regarding length of stay and enforcement; however, the Commission decided to leave the management portion to the Heat Hotel. Mr. Still made a motion to recommend approval of a major amendment to Planned Development No. 00-007 to allow 12 accessory courtesy docks and to allow overnight mooring for hotel guests, with the following conditions: 1. The applicant shall be responsible to obtain all necessary permits from outside agencies, including the Army Corps of Engineers. 2. The applicant shall be responsible for obtaining all necessary building permits. 3. The proposed improvements must meet all ADA standards. 4. No fueling of boats shall be allowed at the docks. 5. The docks must comply with the 2012 IFC, Chapter 36 (Marinas). 6. Docks shall not protrude into the lake, away from the seawall, more than 58 feet. The motion was seconded by Mr. Hardy and carried by the following vote: Lake Havasu City Page 4 Printed on 3/12/2018 Planning and Zoning Commission Minutes - Final December 20, 2017 Aye: 6 - Harris, Still, Gorden, Hardy, McGowan and Nelson Nay: 1 - Bergen Absent: 3 - Kendig, Biasiucci and Cunningham ID 17-1464 A Request to Remove APNs 107-78-001, 107-78-002, 107-78-003, 107-72-003C and 107-72-004, Park Avenue, from Planned Development No. 93-001 by Rezoning the Property from C-1/PD (Limited Commercial Planned Development) to C-1 (Limited Commercial) District Mr. Gorden and Mr. Still recused themselves due to conflict of interest. Ms. Cunningham was seated. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Properties are located at south end of town, west of HWY 95, adjacent to Park Ave. • The PD (Planned Development) was originally approved in 1993. • Original PD included the Aquatic Center. • Within last 6 months, the south-end property was rezoned to C-1. • Currently, the entire properties are designated as C-1/PD. • Request today is to remove the properties from the C-1/PD and rezone to C-1. • North-end City parcel also being recommended for a rezone to C-1. Mr. Nelson asked what use and height restrictions are tied to C-1 Districts. Mr. Schmeling stated the original Planned Development had some restrictions placed with regards to actual uses such as a Hotel, and certain building configurations. The C-1 zoning district currently allows a building height of 25 feet. More importantly, over the years, the code has changed and the list of permitted uses in the C-1 district has expanded. By removing the parcels from the PD, it opens up more opportunity for development. Charirman Harris asked if there was a height limitation in the PD. Mr. Schmeling stated that he believes a height limitation of two stories was placed on the hotel. Mr. Mychal Gorden, applicant representative, stated the purchase of some of the properties have been a difficult proposition with the old Planned Development lingering over them. It is in the best interest of the property owners and the City to remove the parcels from the Planned Development, so that they can move forward with development. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff finds the proposed Rezoning meets all the requirements set forth in current Development Code sections. Based on those findings, the Development Lake Havasu City Page 5 Printed on 3/12/2018 Planning and Zoning Commission Minutes - Final December 20, 2017 Review Committee recommends that Land Use Action 17-1464 be forwarded to City Council with a recommendation of approval rezoning APNs 107-78-001, 107-78-002, 107-78-003, 107-72-003C and 107-72-004 from C-1/PD to C-1 Limited Commercial) District. Mr. Nelson made a motion to approve ID 17-1464, to remove APN’s 107-78-001, 107-78-002, 107-78-003, 107-72-003C and 107-72-004, Park Avenue, from Planned Development No. 93-001 by Rezoning the Property from C-1/PD (Limited Commercial Planned Development) to C-1 (Limited Commercial) District with staff’s recommendations, seconded by Mr. Hardy, and carried by the following vote: Aye: 6 - Harris, Hardy, McGowan, Nelson, Bergen and Cunningham Absent: 4 - Still, Gorden, Kendig and Biasiucci 7. CALL TO PUBLIC None 8. FUTURE MEETING Regular meeting is scheduled for January 3, 2018. Two Preliminary Plats, on adjacent lots on Agave Dr., will be presented. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:05 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 6 Printed on 3/12/2018