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 Suzannah Ballard, Alternate Don Bergen, Alternate Danny White, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, October 17, 2018 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 Present: 8- Jim Harris, Lucas Still, Mychal Gorden, Doug Hardy, Dan McGowan, Chad Nelson, Donald Bergen and Danny White Absent: 2- Suzannah Ballard and John Kendig 4. MINUTES Mr. Still made a motion to approve the minutes of the last meeting, which was seconded by Mr. Hardy, and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Hardy, McGowan, Nelson and Bergen Approval of Regular Meeting Minutes from September 5, 2018. 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Schmeling stated that the PD amendment for the Heat Hotel that the Commission voted on at the last meeting was approved by City Council on October 9, 2018. 6. PUBLIC HEARING ID 18-1783 A Request to Rezone Tract 2242, Block 4, Lot 6; 2440 Anita Avenue, from C-1 (Limited Commercial) District to R-2 (Two- Family Residential) District Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property is located at 2440 Anita Ave., approximately 145 X 220 feet. • Traditional neighborhood commercial area platted by the original sub-divider. • Surrounding zones were noted. Lake Havasu City Page 1 Printed on 12/11/2018 Planning and Zoning Commission Minutes - Final October 17, 2018 Mr. Lee Johnson, APL Surveying stated the property is currently zoned C-1 and the rezoning request is to make the continuation of R-2 block. Current owners are anticipating splitting the property into two lots to build two single family residential homes. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that 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 18-1783 be forwarded to the City Council with a recommendation of approval rezoning Tract 2242, Block 4, Lot 6 from C-1, Limited Commercial to R-2, Two-Family Residential. Mr. Nelson made a motion to approve ID 18-1873 with Staff recommendation, which was seconded by Mr. McGowan. The motion carried by the following vote: Aye: 7 - Harris, Still, Gorden, Hardy, McGowan, Nelson and Bergen ID 18-1785 A Request to Remove Lot 5 of Tract 2307, Block 4, 2090 Kiowa Blvd. N., from PD 03-00400005 by Rezoning the Property from C-2/PD (General Commercial Planned Development) to C-2 (General Commercial) Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property is located at 2090 Kiowa Blvd N., approximately a 1/2 acre. • Surrounding zones were noted. • Subject property part of a five lot planned development in 2003. • Corner property was removed from PD and zoned back to C-2 in 2016. • Retaining walls and additional parking protections towards residential area placed with PD. • Self-imposed Parking-in-Common. • No lots in PD have been developed to date. When questioned by Chairman Harris as to the original intent of the PD request, Mr. Schmeling stated that the original request was to create a business park and modify the lots to minimize the impact on the residential properties to the east. The PD outlined buildable areas and parking in common, that plan did not move forward. The property has different owners who no longer intent to go through with the PD. Mr. Still asked if there are any measures in place to create a buffer if the rezone is approved and was the original zoning C-2. Mr. Schmeling stated the five lots were originally zoned R-4, the same as today's R-M District; however, heavy commercial would have negative impact so at that time the applicant placed a PD imposing additional wall and landscaping requirements on themselves to minimize impact. Today's code has Lake Havasu City Page 2 Printed on 12/11/2018 Planning and Zoning Commission Minutes - Final October 17, 2018 additional provisions in it with setbacks and landscape standards to minimize impact on the adjacent residential units. Mr. Still asked if the lots were zoned RM (Residential Multi-Family), would staff recommendations changes or be the same? Mr. Schmeling stated that given today's Code, the recommendation would be the same as the rest of the area is a fire station and heavy commercial. The owner of the remaining RM lot intends to rezone to C-2 also. General Plan suggests heavy commercial or industrial area Mr. Still also asked if that area of Kiowa is not the area that has automobile parking restrictions, to which Mr. Schmeling affirmed. Mr. Schmeling stated the lots are platted as individual lots with no parking or building restrictions and buildings. Mr. Still stated behind the subject is a 4-plex, church and single families with not vacant land. Mr. Schmeling affirmed and stated no comments, via phone or email with concerns regarding rezoning were received. Chairman Harris stated that in the original PD, a concern was having automotive shops. In the PD there was a limitation having that indoors and not towards the rear of the buildings. If the rezoning goes through, having more restrictive setbacks, will this property revert to new code setbacks? Mr. Schmeling affirmed and stated the property will have to abide by the current C-2 standards, as well as, the additional standards that apply to commercial properties that are immediately adjacent to residential properties. Mr. Lee Johnson, APL Surveying stated the property owner is unavailable and he is representing him. The Code today requires a 6-foot buffering wall and landscape buffer pulling the commercial building further away from residential building, which is more than the PD requirements. Most of lots have been resold, lower corner has pulled out of PD, and this property is up for sale. The overlay PD has created an issue with sales in previous occasions. Chairman Harris asked, for clarification purposes, what the current setbacks are to which Mr. Schmeling responded with 20 feet. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff finds that the proposed rezoning meets all the requirements set forth in 14.05.04L & K 6a 1&2;6c 1-6. Based on the findings, the Development Review Committee recommends that land use action 18-1785 be forwarded to the City Council with a recommendation of approval, rezoning Lot 5 of Tract 2307, Block 4 from C-2/PD, General Commercial Planned Development to C-2, General Lake Havasu City Page 3 Printed on 12/11/2018 Planning and Zoning Commission Minutes - Final October 17, 2018 Commercial District. Mr. Still commented that the existing land uses and the industrial across the street make it a natural buffer and in his opinion a good spot for C-2 zone. Mr. Still made a motion to recommend approval of land action 18-1785 removing Lot 5 of Tract 2307, Block 4, 2090 Kiowa Blvd. N., from PD 03-00400005 by rezoning the property from C-2/PD (General Commercial Planned Development) to C-2 (General Commercial), seconded by Mr. Hardy. The motion carried by the following vote: Aye: 7 - Harris, Still, Gorden, Hardy, McGowan, Nelson and Bergen ID 18-1767 A Request for a Rezone from C-1 (Limited Commercial District) to C-2/PD (General Commercial Planned Development District) to Allow a Carwash and a Height Exception from the Maximum Allowable Building Height of 25 Feet for an Architectural Element up to a Height of 34 Feet Mr. Still and Mr. Gorden recused themselves. Mr. White declared a conflict of interest also. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property is adjacent to the intersection of Mulberry and HWY 95. • Removed from old planned development. • Unique substations adjacent to property. • Recently rezoned to C-1. • Surrounding zones noted. • Due to PD, Commission also approving site plan and building elevations. • Height exception to 34 feet is being requested. • Remaining portions of building meet current elevation requirements. • Images of other locations similar in nature were shown on presentation. Mr. Todd Gall, Surf Thru Express Car Wash, applicant provided a PowerPoint presentation showing additional photographs of his business started in 2011 in the city of Fresno. The car wash is an express car wash esthetically built. Express car wash model is different than full serve model, completing the wash in less than 5 minutes. It is more efficient and affordable. Car goes through a 120-150-foot tunnel. No one drying car so only 3-6 employees, maybe 7 at busier moments. Reverse osmosis water used at end of tunnel. 18 to 20 vacuums with air blasters. Faster than traditional car wash. Environmental friendly aspects- water saver certified car wash. Three main environmental advantages - reduction of storm water pollution, reduction of City wide water usage, and powered by sun. Examples of studies of Sacramento, San Mateo and Fort Worth water Lake Havasu City Page 4 Printed on 12/11/2018 Planning and Zoning Commission Minutes - Final October 17, 2018 saving and pollution reduction in car washes were shown on presentation. Chairman Harris asked Mr. Gall if he is the current owner of the property and if there are contingencies on the purchase to this item. Mr. Gall stated they are currently in escrow and will be closing on the sale at risk. Chairman Harris opened the Public Hearing. Mr. Brian Springberg , co-owner of a one-acre parcel (2 lots over from proposed car wash) spoke against the proposed amendment and zoning change. While the car wash is great, he believes it will be best suited in another location. Having lived in Lake Havasu for 45 years and seen prime real estate utilized for purposes that undermine what is best for the bigger picture of the community, this would fit that category. The property is one of the few lots left with best views in town. He asked that the Commission decline the request and reiterated that he loves the project however, not the location with it being a pristine property with lake views. Ms. Vicky Runyon, resident for 30 years, stated she has seen the community grow and owns several businesses in the community, including the adjacent lot to the property. She agrees with Mr. Springberg and is disappointed that a car wash would go to a prime piece of property- a different location would be phenomenal for Lake Havasu. Ms. Runyon is concerned how the proposed would affect the property value for her future plans of a commercial building and other professional services, and asked that the Commission carefully look at the proposed and decline the car wash. Mr. Lee Johnson, APL Surveying Inc. and representative of the developer commented on code and zoning in the area with regards to setbacks, landscape buffing and height. Surf Thru is trying to make this a pleasing project for the community. It is heavily landscaped using the recycled water and has no direct access off of HW 95, thus no additional traffic congestion. Chairman Harris ask if the height restriction was not granted, how would it affect the application, to which Mr. Johnson stated the site sits nine feet below HW 95 so the project would not be 25 above HWY 95. Mr. Todd Gall stated the architectural feature is how all Surf Thru buildings are designed and branded. Denial of height restrictions would be costly to the developer and the benefit is unknown at this point. Mr. Johnson stated that for clarification purposes, during the process he has discovered that the car wash would be allowed in mixed use general zone and had this been known at the time of submittal, the request would be for MU-G instead of C-2/PD. The max height for MU-G is 36 feet and the car wash is at 34 feet elevation. Lake Havasu City Page 5 Printed on 12/11/2018 Planning and Zoning Commission Minutes - Final October 17, 2018 Chairman Harris closed the Public Hearing Mr. Schmeling stated that 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 18-1767 be forwarded to the City Council with a recommendation of approval rezoning Tract 2360, Lot 4 from C-1, Limited Commercial to C-2/PD, General Commercial Planned Development including a height exception to allow an architectural feature not to exceed 34 feet in height. Chairman Harris asked Staff points of clarification for rezone/height variance. Mr. Schmeling stated that he believes the reason for the PD is two-fold. One, a height exception from C-2 standards and the only way to request an exception to the code is to go through the PD process; and two, the use as has been discussed, is objectionable/ impactful. By putting out a site plan, it gives the commission and council more information on what they are approving (landscaping and setbacks, etc.). With a PD a site plan must be submitted. With a MU-G, the rezone is being approved and there could instead of rezone to general zoning district. Harris - PD requires site plan and with a MU-G the proposed use would not have to be disclosed. Mr. Nelson asked for the differences in use allowed between C-1 and C-2 Districts. Mr. Schmeling stated - C-1 is the traditional retail, restaurant, office (indoor activities primarily). C-2 expands to include indoor and outdoor storage facilities, heavy commercial uses - display of vehicles, and smaller recycling facilities, car wash. Mr. Nelson stated he has no problem with the height issue; however, has a concern over the long term sustainability of a car wash at the proposed site in such a prime area. When questioned by Mr. Bergen about the conflict of traffic situation of the proposed project with Rotary Park, Mr. Schmeling stated that from a planning perspective, there is no negative traffic impact. Chairman Harris added that although he’s not a traffic engineer, from his professional standpoint, there would be no traffic impact to eliminate this project. Chairman Harris also stated that this is a commendable project, likes the look and design, has concerns about the project. He feels it would make a great buffer stepping down between extreme industrial locations of the switch yard and lift station. Location and future outcome (five or ten years) of the project, and future invested use of adjacent properties is a concern. From the owner’s perspective it’s a great application, great visual, and great location. Lake Havasu City Page 6 Printed on 12/11/2018 Planning and Zoning Commission Minutes - Final October 17, 2018 Mr. Nelson commented that his denial motion has nothing to do with the height restriction. Prior to the vote, the Commission agreed that they love the concept and view of the project, just not the location for the project. Chairman Harris clarified to the Commission that a yes vote is a vote to deny the rezone application. Mr. Schmeling also stated for clarification purposes to the public that a denial from the Commission is a recommendation for denial to City Council. City Council will review this same action on November 27, 2018 and make the final decision regardless of whether a recommendation of approval or denial comes from the Commission. Mr. Nelson made a motion to deny [recommendation to forward to City Council] ID. 18-1767, a request to rezone from C-1 (Limited Commercial District) to C-2/PD (General Commercial Planned Development District) to allow a carwash and a height exception from the maximum allowable building height of 25 feet for an architectural element up to a height of 34 feet, seconded by Mr. Hardy. Motion carried by the following vote: Aye: 5 - Harris, Hardy, McGowan, Nelson and Bergen ID 18-1784 A Request to Rezone APN 107-72-003C, 120 Park Avenue, from C-1 (Limited Commercial District) to IB (Island Body Beach District) Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property is on the west side of Park Avenue. • Subject of a rezone less than a year ago. • Largest of parcels from original PD. • Currently zoned C-1, formerly zoned C-1/PD. • Request to rezone to I-B (Island Body Beach) similar to property to the south. • IB District created specifically for larger parcels along shoreline and state land. • Not a lot of permitted uses in I-B District, basically resort or accessory to resort. • IB features-enhancement of view corridors, additional landscape and open space. • Based on height of building, additional open space and landscaping required. • Limits building sizes to no more than 200 lineal feet without an interruption. When questioned by Mr. Nelson, Mr. Schmeling stated C-1 allows 25 feet, Island Body Beach allows a maximum of 40 feet. Mr. Mychal Gorden, applicant stated the request is to rezone from C-1 to Body Beach. The property is located across the street from Body Beach. Parcel was zoned and slated for a hotel/resort type use in the past. The General Plan shows property as resort. The Lake Havasu City Page 7 Printed on 12/11/2018 Planning and Zoning Commission Minutes - Final October 17, 2018 request to go to I-B District is for the use of resort type development including a hotel, condominium, and some associated retail. The concept is to build a resort style campus, and some retail uses that would support the public uses of the lake and park, and aquatic center. The Zoning and Code requirements, i.e. view corridor, landscape setbacks, width, etc. will facilitate a development that fits well in the Rotary Park and Aquatic center area. In terms of view, impact even at 40 feet is pretty minimal. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Schmeling stated that Staff finds that the proposed rezoning meets all the requirements set forth in 14.05.04K. Based on the findings, the Development Review Committee recommends that land use action 18-1784 be forwarded to the City Council with a recommendation of approval rezoning Tract 2360, Block 1, Lot 3 from C-1, Limited Commercial to I-B, Island Body Beach District. Mr. Nelson commented on his view in favor of the rezone as more resort related properties are needed in this area and feels the height difference will not make a difference on the impact of view. Mr. Bergen commented on his view thinking of the residents of Lake Havasu City. Mr. Bergen feels a 4-story hotel and condo should not be here and thinks the public would have stated their opposition if it would have been advertised differently. Mr. Bergen would rather see smaller residential use, not 4-story hotel and condos. When questioned by Chairman Harris, Mr. Schmeling stated all posting and notifications met the minimum requirements. Height is not required to be expanded on, except when the applicant is asking for an exception from the height. The Zoning Code in 2016 now allows taller buildings in multiple locations, including the Island Body Beach District; however, there are requirements to offset that, as in view corridors and additional setbacks to help minimize the visual impact of the additional height. Mr. Mychal Gorden, applicant addressed Mr. Bergen's concern and reminded the Commission that the entire shoreline area adjacent to the public spaces is in the General Plan as resort related. Mr. Gorden mentioned the existing project ranges: Aquatic Center (40-45 feet), multi-family (30 feet), Queens Bay (60 feet), London Bridge Resort (40 to 60 feet) of height. In a resort related zoning with the resort type use, this is the nature of what you are going to see. Mr. McGowan asked Mr. Gorden if the the proposed resort would have food accessible to the public. Mr. Gorden stated with the restrictions in place, retail and commercial uses must be accessory to hotel use. The applicant is working through the concept; however, Lake Havasu City Page 8 Printed on 12/11/2018 Planning and Zoning Commission Minutes - Final October 17, 2018 the intended use is to provide accessory uses like coffee shop, ice cream and sandwich shop, and they will be accessible to the public. Mr. Nelson made a motion to approve [recommend to City Council approval of] ID 18-1784, a request to rezone APN 107-72-003C, 120 Park Avenue, from C-1 (Limited Commercial District) to I-B (Island Body Beach District), seconded by Mr. McGowan. Motion carried by the following vote: Aye: 4 - Harris, Hardy, McGowan and Nelson Nay: 1 - Bergen 7. CALL TO PUBLIC Mr. Still addressed the public regarding height. A 60-foot building is currently being built in the middle of town and not one complaint has been received, on the contrary they have heard that it is about time and it looks amazing. Lake Havasu City won second place in the United States for Best Communities partially based on the downtown catalyst that promotes height. Given the lack of land for the density, we will not get to 75K population without more land.and the only way to build is to adjust attitude towards height. The rezone was advertised and no comments were received. Mr. Still feels River Walk is also an appropriate zoning for this property, and the allowable height for it is 60 feet. 8. FUTURE MEETING The meeting scheduled for November 7, 2018 is canceled. The next regular scheduled meeting is November 21, 2018 (day before Thanksgiving). No items have been submitted. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:34 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Kelly Williams, Recording Secretary (Prepared by Maria LaFrano) Lake Havasu City Page 9 Printed on 12/11/2018