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, June 6, 2018 9:00 AM 1. CALL TO ORDER Mr. Schmeling called the meeting to order at 9:02 a.m. 2. PLEDGE OF ALLEGIANCE Mr. Schmeling led the Pledge of Allegiance. 3. ROLL CALL Alternate Members Bergen, Cunningham, and Biasiucci were seated. Present: 7- Mychal Gorden, Doug Hardy, John Kendig, Dan McGowan, Donald Bergen, Leo Biasiucci and Christy Cunningham Absent: 3- Jim Harris, Lucas Still and Chad Nelson 4. MINUTES Mr. Hardy made a motion to approve the minutes of the last meeting, seconded by Mr. Gorden, and carried by the following vote: Aye: 7 - Gorden, Hardy, Kendig, McGowan, Bergen, Biasiucci and Cunningham Absent: 3 - Harris, Still and Nelson Approval of Regular Meeting Minutes from May 2, 2018. 5. CORRESPONDENCE AND ANNOUNCEMENTS In the excused absence of Chairman Harris, Mr. McGowan made a motion to appoint Mr. Gorden as Chairman, seconded by Mr. Biasiucci, and carried by a unanimous verbal vote. 6. PUBLIC HEARING ID 18-1623 A Request to Rezone Tract 2210, Block 3, Lots 8 - 12; 3031 Through 3071 Palo Verde Boulevard, from C-1 (Limited Commercial) District to R-1 (Single Family Residential) 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 6/22/2018 Planning and Zoning Commission Minutes - Final June 6, 2018 • The subject property is at the intersection of Palo Verde Blvd N. and Bentley Drive. • Currently, the entire property is designated as C-1 (Limited Commercial). • General Plan supports the rezone from Commercial to Residential. • Two adjacent parcels will remain C-1, held by a different owner. • 5 lots (approximately 1.5 acres) to be reconfigured into 6 residential lots. Mr. Jerry Johnson, contractor, stated they have basically taken the property and divided it into R-1 lots that they can build individual houses on. Chairman Gorden opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated Staff finds that the proposed rezoning meets all the requirements set forth in 14.05.04(K). Based on the findings, the Development Review Committee recommends that land use action 18-1623 be forwarded to the City Council with a recommendation of approval rezoning Tract 2210, Block 3, Lots 8-12 from C-1, Limited Commercial to R-1, Single-Family Residential. Mr. Biasiucci asked Mr. Johnson if a wall will be surrounding the development for the transition between the residential and commercial properties. Mr. Johnson stated there will be a five foot wall that stair steps down. Mr. McGowan asked if the adjacent property owner is aware of the proposed development to which Mr. Johnson affirmed that the neighboring property owner has no objection to the development. Mr. Schmeling stated that no objections have been received by staff, and that at the Citizen’s meeting held by the applicant, the citizens were pleased to know the proposed project was single family residential as opposed to multi-family. Mr. Bergen made a motion to approve Item ID 18-1623 rezoning Tract 2210, Block 3, Lots 8 through 12, from C-1 (Limited Commercial) District to R-1 (Single Family Residential) District, seconded by Mr. Hardy, and carried by the following vote: Aye: 7 - Gorden, Hardy, Kendig, McGowan, Bergen, Biasiucci and Cunningham ID 18-1647 Request to Approve Conditional Use Permit #18-00300003 to Allow a Residential Care Facility in the R-3 (Limited Multi-Family) District to Allow Up to 10 Residents Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property is at the intersection of McCulloch Blvd N. and Tempest Ln. • Currently, the property is zoned R-3 (Limited Multi-Family). • Site Plan and Floor plan, as provided by applicant, was presented. Lake Havasu City Page 2 Printed on 6/22/2018 Planning and Zoning Commission Minutes - Final June 6, 2018 • Current code allows up to 6 individuals as permitted use. • Conditional Use Permit required for more than 6 individuals. • Applicant proposes up to 10 individuals. • Proposed project appears to have sufficient parking. Chairman Gorden asked if the applicant was present, Mr. Schmeling stated the applicant was not present. Chairman Gorden opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated Staff finds that the proposed conditional use permit meets all the requirements set forth in 14.05.04 G. Based on those findings, the Development Review Committee recommends that land use action 18-1647 be approved with the following conditions: 1. Prior to operation as a residential care facility, a fire sprinkler system and fire alarm system must be installed in the residence. 2. The residential care facility shall comply with all state licensing and certification requirements. There was extensive discussion amongst the Commission and Staff. Due to an unclear direction as to the location of the proposed tenants, the unclear labeling of the floorplan for the proposed use of the garage, amount of bedrooms, amount of tenants, and the applicant not being present to answer the Commission’s questions, the Commission decided to table the item for a future date, to be determined by Staff, when the applicant can be present. Ms. Cunningham was opposed to tabling the item and felt it could be voted on today. Mr. Bergen made a motion to table Item ID 18-1623 until the applicant can be present to answer the Commission’s questions., seconded by Mr. McGowan, and carried by the following vote: Aye: 6 - Gorden, Hardy, Kendig, McGowan, Bergen and Biasiucci Nay: 1 - Cunningham ID 18-1649 A Request to Revise and Implement Phase II and III of the Mixed Use Project Known as The Havasu Riviera Specific Plan Adopted in 2008 by Rezoning a 56.4-acre Area of the 250-Acre Havasu Riviera to Include 151 Residential Lots from A-P (Agricultural - Preservation) District to R-M (Residential Multi-Family) District and Applying Previously Approved Setbacks Chairmen Gorden recused himself due to a conflict of interest. Mr. Biasiucci filled the Chairman position. Lake Havasu City Page 3 Printed on 6/22/2018 Planning and Zoning Commission Minutes - Final June 6, 2018 Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The Commission recently approved the rezone and subdivision of Phase 1. • Proposal encompasses Phase II- Areas 6 and 7 (56 acres). • Area 7 was designated as a mixed-use area. • Area 6 was designated as residential. • Proposal rezones both areas to RM (Residential Multi-Family). • Current RM is very similar to R-4 (current zoning designation) • RM setback differences from R-4 are insignificant. • Proposed density of Area 7 is 2.3 units per acre and Area 6 is 3.08 units per acre. • Max density set at 6 units per acre. Mr. Mychal Gorden, applicant, stated this is the second phase of the project being brought before the commission due to zone reclassification. Each phase will follow suit. The upper neighborhood on the map was entitled R-4 and is now RM. The lower neighborhood was entitled for mixed-use with a lot higher density. At the time, the idea was more commercial, more condo, more mixed use development potentially but the path of the project is decreasing in density as the project progresses because of the market, topography, constraints, and what the neighborhood is going to be best served for. Density will be nowhere near the approved max entitlement density. Staying with Multi-family for height and flexibility with setbacks. The entire neighborhood will be controlled by covenants and HOA. Chairman Biasiucci opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated Staff finds that the proposed rezoning meets all the requirements set forth in 14.05.04K 6a 1&2;6c 1-6. Based on the findings, the Development Review Committee recommends that land use action 18-1649 be forwarded to the City Council with a recommendation of approval rezoning from A-P, Agricultural Preservation to R-M, Multi-Family Residential, applying the previously approved setback changes to corner lots indicated in Ordinance 08-939. Mr. Bergen asked if any negative comments have been received from the Police and Fire Department. Mr. Schmeling stated no comments have been received during the initial review from all departments or from the general public. Mr. Hardy made a motion to approve ID 18-1649, a request to revise and implement Phase II and III of the Havasu Riviera Specific Plan by rezoning a 56.4-acre area from A-P District to R-M District, and applying the previously approved setbacks., seconded by Mr. Bergen, and carried by the following vote: Lake Havasu City Page 4 Printed on 6/22/2018 Planning and Zoning Commission Minutes - Final June 6, 2018 Aye: 6 - Hardy, Kendig, McGowan, Bergen, Biasiucci and Cunningham 7. CALL TO PUBLIC None. 8. FUTURE MEETING Regular meeting is scheduled for June 20, 2018. 9. ADJOURNMENT Chairman Biasiucci adjourned the meeting at 9:50 a.m. _________________________________________ Mychal Gorden, Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 5 Printed on 6/22/2018