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, December 19, 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: 5- Jim Harris, Lucas Still, Dan McGowan, Chad Nelson and Danny White Absent: 5- Mychal Gorden, Doug Hardy, Suzannah Ballard, John Kendig and Donald Bergen 4. MINUTES Mr. Still made a motion to approve the minutes of the last meeting, seconded by Mr. Nelson, and carried by the following vote: Aye: 5 - Harris, Still, McGowan, Nelson and White Approval of Special Meeting Minutes from November 28, 2018. 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Schmeling informed the Commission that, after alot of discussion, City Council denied the application for Planned Development on Park Ave. for the car wash with a 4 to 2 vote. When questioned about the status of the application by Chairman Harris, Mr. Schmeling stated that, per code, the applicant cannot submit the identical application for 180 days; however, there is some latitude with Staff reviewing a second submittal with a substantial change. For example, if they proposed a car wash again with a change to the location, height, or landscaping, that may be a signifacant change to the perception of the project. 6. PUBLIC HEARING ID 19-1865 A Request for a Preliminary Subdivision Plat for Absolute Boat and RV Storage, 1600 Corona Drive, Creating 51 Condominium Units Lake Havasu City Page 1 Printed on 3/28/2019 Planning and Zoning Commission Minutes - Final December 19, 2018 Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located at 1600 Corona Drive on west side of the highway, adjacent to Culvers Restaurant, off HWY 95 and Countryshire Ave. • Approximately 25 acres in size and is currently vacant. • Proposing RV Storage. • Proposed preliminary plat to condo units. Lee Johnson, APL Surveying, stated the request is for changing the units from rental to capable of selling the units, and was available for any questions from commissioners. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Staff finds that the proposed preliminary plat meets all the requirements set forth Title 13 Subdivisions. Based on the findings, the Development Review Committee recommends that land use action 19-1865 be approved, approving the preliminary plat for Absolute Boat and RV Storage creating 51 condominium units. Mr. Still, made a motion to approve land use action ID #19-1865 approving a Preliminary Plat for Absolute Boat and RV Storage Condominiums, seconded by Mr. Nelson. The motion carried by the following vote: Aye: 5 - Harris, Still, McGowan, Nelson and White ID 19-1864 A Request to Rezone APN 115-07-078A, 850 London Bridge Road, from A-P (Agricultural Preservation District) to L-I (Light Industrial District) Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located along waterfront at corner of Dover and London Bridge Road. • Adjacent property developed as Storage Unit Complex. • Site part of 7-acre adjacent developed site. • All adjacent zoning is LI, Light Industrial. • Currently zoned AP, Agricultural Preservation- not most appropriate zoning classification. • Proposing to expand storage facility and develop entire site as one. Mr. Still asked why two zonings on one ownership and if it was State land previously. Mr. Schmeling stated he does not know history of the property. There are several concerns that might indicate as to why the property was never developed, which include no right of way designation and a huge gas easement that runs through the property. Mr. Still asked if there are any other examples along London Bridge Road property that shows LI buffering to AP. Mr. Schmeling said that most of the open space property to Lake Havasu City Page 2 Printed on 3/28/2019 Planning and Zoning Commission Minutes - Final December 19, 2018 the west is AP and all on east is AP. Some properties are held by State Trust. Until those are developed, they will remain AP. Chairman Harris asked if there was a lease on this State land. Mr. Schmeling stated that property has always been an open storage yard as long as he can remember and could be locally owned. Mr. Nelson, asked if that is a SW Gas easement, to which Mr. Schmeling stated he is not sure and the applicant is working with the gas company. John Stevenson, Chris Sky Capitals, was available for questions. When questioned by Chairman Harris as to the ownership he stated it is fee simple and has been that way- couldn't find a lease. A 1923 Gasline easement to right of yellow line is the only easement found. Mr. Nelson stated the property right now is open storage. If someone were to build a new structure, will they build retaining walls and landscaping. Mr. Stevenson stated the intent is to beautify the area and by building an 8,000-square foot building they are able to secure funding for the beautification. Chairman Harris opened the Public Hearing. Lee Johnson, APL Surveying Inc., stated he has history on the property. Sliver [subject property former owner] sold to one of prior owners by State Lands in mid-80’s, approximately 1986- fee simple. If you go up London Bridge where other storage units are, all that was sold by State Land to adjoining developers (Blue Water Subdivision). Chairman Harris closed the Public Hearing. Mr. Schmeling stated that Staff finds that the proposed rezoning meets all the requirements set forth in 14.05.04L & K 6a 1&2;6c 1-6. Based on the findings, the Development Review Committee recommends that land use action 19-1864 be forwarded to the City Council with a recommendation of approval rezoning APN 115-07-078A, 850 London Bridge Road from A-P, Agriculture Preservation to LI, Light Industrial District. Mr. Nelson made a motion to approve [recommend to the City Council approval] ID 19-1864, a request to rezone APN 115-07-078A, 850 London Bridge Road, from A-P (Agricultural Preservation) District to L-I (Light Industrial) District, seconded by Mr. Still. The motion carried by the following vote: Aye: 5 - Harris, Still, McGowan, Nelson and White ID 19-1863 Request to Amend the Parking-In-Common Master Plan for Tract 2257, Lake Havasu City Page 3 Printed on 3/28/2019 Planning and Zoning Commission Minutes - Final December 19, 2018 Block 10, Maricopa Drive, by Removing Lots 11 Through 14 to Allow for a Carwash in the C-SGD (Commercial Southgate District) • Both next items deal with the same property on the south side of town on Maricopa, between Arapaho Drive and Oro Grande Boulevard. • Four subject properties are 50X250, typical narrow deep commercial lots. • Several parcels in area have already been removed or amended the PIC, one being Dairy Queen. • Veterinary Clinic developed several years ago- not in conformance; however, remains in PIC. • Bar not in conformance as it is not striped. • Between Veterinary clinic and the proposed lots, there is a 2.5 feet drop, 2 to 1 slope between properties. • Corner lots typically get removed from PIC. • The three lots adjacent are owned by the same person. If they choose to remove themselves from PIC, they should be able to accommodate their own parking. • Applicant also requesting a Conditional Use permit for a car wash in next item. Chairman Harris asked if there is already a car wash in the Southgate District block, to which Mr. Schmeling affirmed. Mr. Schmeling made his presentation on the conditional use item addressing the following key points: • Proposed site plan shown for conditional use. • Main access off of Maricopa Avenue. • Traffic flow introduced, which showed how traffic flow would conflict with PIC. Mr. Still stated the biggest concern, when the request is not a corner lot, is impact to adjacent owner. In this case, the adjacent owner is the same as the subject property. Mr. Schmeling stated Staff has to consider these requests at their own merit, i.e. adjacent uses and elevations between properties for PIC flow. Depending on when development occurs, lots may have been raised or lowered. A few things in favor of this request is that it encompasses four lots. Also, that the adjacent veterinary clinic has an elevation change, making it difficult to accommodate the PIC, and that all three lots have a single owner. When questioned by Mr. Still if the veterinary clinic had any objections to the request, Mr. Schmeling stated no objection was received, written or verbal. Mr. Nelson asked if the plan presented meets all zoning and setback criteria. Mr. Schmeling stated that upon initial review the plan should not change too much; however, formal review has not been processed at this time. He also stated that when PIC areas were created, owners of entire site at that time, were involved in the process. The Lake Havasu City Page 4 Printed on 3/28/2019 Planning and Zoning Commission Minutes - Final December 19, 2018 application submittal requires seventy-five percent approval from adjacent owners to be removed from PIC. Mr. Still asked how many property owners were required for approval of this item. Mr. Schmeling stated there are twelve property owners in this PIC and ten of twelve responded making it an eighty-three percent approval. Mr. Nelson addressed his concern regarding South Gate District business owners taking up the whole property and not leaving any parking spaces for employees. Mr. Schmeling stated there appears to be plenty of parking spots for the car wash and its use. Jeff Dadam, applicant, stated the employee parking will have four spaces in back, and the business will have three to four employees working in shifts. Bays in back are quite large and are used for detailing vehicles and installing stereos. Plenty of parking in rear- similar to Car Toys. Seventeen spaces up front for any overflow. Regarding the PIC, he is working closely with Jeff Bays, owner of adjacent property, for easy pass through onto his property between the two proposed projects. Mr. Nelson expressed his concern over the vacuum areas being parking spaces. Mr. McGowan asked how many people are anticipated on a busy day, to which Mr. Dadam responded that approximately 150 vehicles go through the tunnel on a busy day. Car wash layout, flow, and amount of workers/shift details were provided by Mr. Dadam. Chairman Harris opened the Public Hearing. Travis Cook, owner of nearby car wash for 10 years, expressed his concern regarding the proximity and the financial impact of the proposed to his car wash. Jared Portz, former owner of Car Toys stated Mr. Dadum saw Lake Havasu as an underserved community for car wash. Car Toys is a facility that can handle 800 to 900 cars a day due to the flow of equipment system. Southside identified as underserved area. Car Toys cannot physically handle its demand, so big companies are identifying Lake Havasu as an underserved market. With growth shifting the appropriate site for a high volume, state of the art car wash is the southside. Mr. McGowan asked if the new car wash would be similar to Car Toys, to which Mr. Portz explained the two offerings - express and detailed. He also stated that the proposed will have more functionality than Car Toys. Chairman Harris closed the Public Hearing Lake Havasu City Page 5 Printed on 3/28/2019 Planning and Zoning Commission Minutes - Final December 19, 2018 Staff finds that the proposed amendment has a minimal impact on the overall implementation of the adopted P-I-C Plan for Block 10 of Tract 2257. Based on the findings, the Development Review Committee recommends that land use action 19-1863 be approved, amending the Parking-In-Common Masterplan for Tract 2257, Block 10, by removing Lots 11 through 14 to allow a car wash. Chairman Harris clarified that the Commission is here today to approve the request based on the merits only of the zoning. The Commission cannot vote on whether two businesses should be side by side- those are market concerns. Mr. Still added that some of the questions that arose were operational related and what needs to be looked at is whether or not this impacts neighbors, whether or not the common or parking area needs to be preserved. Staff has addressed the concerns that arise in a PIC. Mr. Schmeling stated that when reviewing a CUP request, the Commission has the ability to place additional warranted conditions, whether they be operational characteristics, hours of operation; negative impact in alley, you could request that a separation wall be placed next to the alley; and/or landscaping enhancements between veterinary clinic to help buffer or minimize any impacts. The conditions placed would have to have some sort of a nexus to an anticipated impact. Staff will be conducting a formal review per code. After the motion, as discussion, Mr. Nelson stated that for the past four to six years, in order for the property to develop, the PIC has had to be removed; otherwise, it just sits there vacant. Chairman Harris stated the PIC originated in order to help out the narrow thin lots with restricted parking. As the properties have developed, some have taken advantage of the combined use; some have not by assembling properties and combining them, obtaining enough area to obtain their own parking. Mr. Nelson made a motion to approve ID 19-1863 a request to amend the Parking-In-Common Master Plan for Tract 2257, Block 10, to remove Lots 11 through 14 to allow for a car wash in the C-SGD, seconded by Mr. McGowan. The motion carried with the following vote: Aye: 5 - Harris, Still, McGowan, Nelson and White ID 19-1866 Request to Approve Conditional Use Permit #19-00300001 to Allow a Drive-Thru Car Wash at Tract 2257, Block 10, Lots 11-14, Maricopa Avenue, in the C-SGD (Commercial Southgate District) See ID 19-1863 for presentation and discussion of this item. Lake Havasu City Page 6 Printed on 3/28/2019 Planning and Zoning Commission Minutes - Final December 19, 2018 Mr. Nelson expressed his issue with the parking as he did not think the vacuum station should be considered parking. In the Southgate District, everyone parks in alleys. With a car wash being in the permitted use table for the Commercial Sounthgate District, you have to get a conditional use permit. Why is it not automatically permitted- what are we trying to preserve. Mr. Schmeling stated that a car wash is one of those uses that, given the size or the location of the site and unique characteristic of drive-thru lanes, it could present some unique impact. For example, the Commission has expressed concern regarding employee parking on that site. One condition placed could be that because of location to site, direct access to alley, you could suggest a minimum of three parking spaces be designated for employees. During review, Staff will ensure that conditions placed are followed. Mr. Nelson asked the Commission, what it’s trying to preserve. Mr. Still stated a car wash is a changing variable. Water conservation is a big issue. There are a number of different options. Given background as appraiser, markets dictate what they do with their money. From a planning standpoint, why is this a ZUP, it is the only feasible use. Chairman Harris, stated he has no problem with development. Development did not take Southgate District route. Well within the scope of what's happening out there. Chairman Harris also stated he believes that when the site plan goes through review, code will be followed, including parking requirements. Jeff Dadam, applicant, was called back to the podium to answer the Commission's questions. Mr. Dadam stated that there is a lot of room in back. We don't sell parts or anything like that so if someone parks, it will be for a few minutes. Only time parking there is if vacuuming car, or lost and found. There will be dedicated areas in bay for parked vehicles overnight. As those vehicles go out, those bays will be empty for employee parking if needed. Mr. Still made a motion to approve item No. 19-1866, approving Conditional Use Permit #19-00300001, to allow a drive-thru car wash at Tract 2257, Block 10, Lots 11-14, Maricopa Avenue, in the C-SGD, including staff's conditions 1)The properties be removed from the master Parking-in-common plan for Tract 2257 Block 10, and 2) All required off-site improvements shall be installed through the City permit process, seconded by Mr. McGowan. The motion carried with the following vote: Aye: 5 - Harris, Still, McGowan, Nelson and White 7. CALL TO PUBLIC None. 8. FUTURE MEETING The next Regular meeting is scheduled for January 2, 2019. Lake Havasu City Page 7 Printed on 3/28/2019 Planning and Zoning Commission Minutes - Final December 19, 2018 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:14 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 8 Printed on 3/28/2019