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, April 3, 2019 9:00 AM 1. CALL TO ORDER Chairman Harris called the meeting to order at 9:07 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Harris led the Pledge of Allegiance. 3. ROLL CALL Present: 9- Jim Harris, Lucas Still, Mychal Gorden, Suzannah Ballard, John Kendig, Dan McGowan, Chad Nelson, Donald Bergen and Christy Cunningham Absent: 2- Doug Hardy and Danny White Alternate Member Bergen was seated. 4. MINUTES Approval of Regular Meeting Minutes from March 20, 2019. Mr. Still made a motion to approve the minutes of the last meeting, seconded by Mr. McGowan and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Kendig, McGowan, Nelson and Bergen Absent: 3 - Hardy, Ballard and White 5. CORRESPONDENCE AND ANNOUNCEMENTS None. 6. PUBLIC HEARING ID 19-1931 Approval of a Conditional Use Permit to Allow the Dixie Belle Tour Boat to Operate from the Executive Dock Along with the WaterBuzz Flyboarding Concession Located at 1477 Queens Bay (London Bridge Resort) 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 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 • In 2017, the Commission approved an almost identical request for Dixie Belle to operate out of Island Fashion Mall. • Request also accompanied by a proposed 10 to 20-foot dock addition. Mr. Nelson asked what limits the maximum length of the dock, if a minimum of 10 feet is assigned, to which Mr. Schmeling stated the Army Corps of Engineers will determine the length in their approval. Christina Gallow, Assistant General Manager at London Bridge Resort, stated the London Bridge Resort will be renting out the dock to the Dixie Belle so they will own and operate the dock, providing local and tourists experience to get back on the lake. When questioned by the Commission, Ms. Gallow stated a 20-foot maximum length was an appropriate condition to be placed on the dock. Scott Mitchell, Waterbuzz Flyboarding, in regards to Mr. McGowan’s concern regarding the proximity of his business operation to any structure or the proposed dock addition, he stated they currently operate on North side of the dock. He also said the dock addition is encouraging because it keeps boats away from the area, allowing them to stay in the assigned quadrant. Operator on ski, master certified, is only one who controls height, speed, and distance of where people fly at all times and keeps them away from all boats. Chairman Harris opened the Public Hearing. Larry Echman, present 2yrs ago when Dixie Belle was given permit to work across the channel, expressed his concern regarding how parking will be addressed for the added use of the Dixie Belle and questioned safety of dock extension. He also felt Dixie Belle use at Shugrues should be taken away. Chairman Harris closed the Public Hearing. Mr. Schmeling clarified that an assumption was made in the staff report that the Dixie Belle use would be relinquished for the Island Fashion Mall. Prior to the meeting today, Mr. Schmeling spoke to the applicant and confirmed it. Staff finds that the proposed conditional use permit meets the requirements in Development Code section 14.05.04 G. Based on the findings, the Development Review Committee recommends that land use action 19-1931 be approved with the following conditions: 1. The existing dock shall be enlarged/modified by at least an additional 10 feet to accommodate the proposed business. All necessary permits shall be obtained prior to construction. Lake Havasu City Page 2 Printed on 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 2. Fueling of vessel shall be in conformance with Lake Havasu City Fire Code and all applicable laws and regulations. 3. Fire extinguishers must be located on the dock. 4. Vessel repair, outside of routine maintenance, shall be prohibited at the dock. 5. All loading and unloading of passengers shall be done from this location. Passenger pickup from other locations shall be prohibited. 6. No additional signage allowed on or near the dock. Directional signage can be allowed on the property not to exceed 2 signs at 6 square feet per sign. 7. The dinner cruise shall be anchored outside the channel in order to minimize potential impact on traffic within the channel. 8. The London Bridge Resort shall be responsible for the dedication of parking spaces on-site to address the added demand as a result of this use. 9. The Dixie Belle Tour Boat must obtain a City business license and TPT license from Lake Havasu City Administrative Services Department. 10. Business transactions will occur in the office which is located within the London Bridge Resort. 11. Hours of operation shall be limited to 8 am to 10 pm daily. Chairman Harris asked if applicant is okay with Staff recommendations to which the applicant affirmed. Mr. Still asked what the parking requirement for Dixie Belle use is. Mr. Schmeling stated that the same parking requirements for its use at the Island Fashion Mall will be applied to this location. Mr. Still made a motion to approve Conditional Use Permit ID 19-1931, allowing the operation of the Dixie Belle from the upgraded dock in front of 1477 Queens Bay, with Staff recommendations, amending condition 1 to state: The existing dock shall be enlarged/modified up to an additional 20 feet to accommodate the proposed business. All necessary permits shall be obtained prior to the construction, and adding condition 12 to state: Previously approved Conditional Use Permit accross the channel will be relinquished/revoked, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Kendig, McGowan, Nelson and Bergen ID 19-1930 A Request for a Major Amendment to PD 01-001, The Coves at Sailing Hawks Tract 2364, Lot 27, APN 115-29-027A, Approving a New General Development Plan Reducing the Density from 68 Lots to 22 Lots Members Gorden and Still recused themselves due to conflict of interest. Alternate Member Ballard was seated. Lake Havasu City Page 3 Printed on 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located along London Bridge Rd, west end of town, almost at Palo Verde Blvd. N. dead end. • Several elements have developed over the years which include the Terraces, the Ridge, Mesquite Bay, and now the Coves. The Lofts are not yet developed. • General Development Plan (GDP) originally approved in 2005, included 88 units with 2 different styles. • GDP was Modified in 2013 to 68 units, and then in 2014 down to 63 units which is the currently adopted GDP and recorded final plat. • Proposed changes to approved plat were presented which mainly include a change in density with the reduction of lots from 63 to 22, change in elevation, and a change in orientation to protect some views. • Grading permit has been issued for currently approved plans. Plan change will be required, if approved by City Council. Mychal Gorden, Desert Land Group, provided a Power Point presentation and stated the Coves at Sailing Hawks is the fourth of five neighborhoods to be developed. Owner currently grading to the approved plans; however, in going through efforts, changes were warranted. History of original 2005 PD given. In 2007 the developer in working with the City establish lot elevation grades for the Ridge and portions of the Coves, particularly for the upper lots. Dense neighborhood of 63 homes not ideal situation for today's market. Proposed to reduce density, stick with general configuration of the plan, and try to simplify the project. During this process a Citizen’s meeting was held. When permits were pulled, there was concern with the adjacent neighbors at the Ridge Homeowner’s Association as to heights of lots/homes. There was also some confusion as to what was approved originally and what is allowed or not allowed to be built. Hearing those concerns, the owner elected to propose this change. There was an underlying sentiment that they were guaranteed that rooftops would not exceed the finish floor of their townhomes with in the Ridge. While there are no approvals to that effect anywhere in the record, being good neighbors, changes in the plan are being proposed to meet those concerns as close as possible without having negative effects on this property itself. With the proposed plan, lots have been reduced from 63 down to 22. No more combination of small and big lots so the potential of townhomes or two-story combined homes are gone, reducing density by 35%. In order to preserve views, trying to find middle ground, upper terraced lots have been lowered between one and two and a half feet. In Lots 2-6 angles of lot lines have been changed to open up view corridors. In essence, 35% density reduction, lowered elevations, and view angle improvement changes are proposed. Chairman Harris asked if the original approval had height restrictions, Mr. Schmeling Lake Havasu City Page 4 Printed on 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 stated the only height restrictions placed were on about half a dozen lots at the Terraces section way back on Cabana. Mr. Schmeling also stated the balance of this property is R4 to allow density and potential of 30' building height. Intent was to stair step the whole project down all the way to London Bridge Rd. Never a condition of approval to limit height. Mr. Gorden stated that in 2005 there were no stipulations assigned to height. Goal is to build quality community. By trying to modify grades and being courteous with everyone, the owner is willing to have proposed grades as condition of approval and did state that for upper terraced lots, the lots would have 15 foot building height. Chairman Harris opening the Public Hearing. Ryan Atkins, bought Ridge at Sailing Hawks with partners in 2004, stated the intent was always that top of roof would be at or below finished floor height throughout the entire project and put self-imposed height restrictions so as to help The Terraces above us and the Cove initially to help the impact on the Ridge. In 2005, Planning hearing for The Cove, Mr. Atkins believes it was in the staff recommendations that roof heights would be at or below the finished floor heights of The Ridge at Sailing Hawks. A few years later, worked together and raised an additional couple feet. Neighbors/Developers below us have been great and accommodating, fully support the lower density, and they have lowered a lot of grades that help a lot for our view impacts. Company doing grading has done great minimizing the dust. Lots that really impact homeowners based on current plan are lots 3, 10,11,12. Mr. Nelson asked Mr. Atkins if he had any documentation on the staff recommendation. Chairman Harris asked Mr. Schmeling if this was a staff recommendation that did not get adopted in the final approval. Mr. Schmeling stated the document that they are referring to is a Staff Report drafted in 2005 that was part of our overall analysis with a dozen bullet points, one of which described and talked about heights in the Ridge; however, it did not get adopted as a condition. The applicant at that time was proposing two styles of buildings- townhomes and regular single family homes. The discussion centered around two story and single story within that portion of the development. To most individuals, one story means 15 feet; however, that was never entered in the approval. The Ridge building heights range from 18.5 to 19’ for single story, that is just how they ended up getting approved. Maximum height in the underlying district is 30 feet. Mr. Atkins read an excerpt from the staff recommendation. City Attorney, Kelly Gary, clarified that the portion recited by Mr. Atkins is not in the staff recommendation portion, it is an excerpt from the background, not the staff recommendation. Lake Havasu City Page 5 Printed on 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 Mrs. Gary also noted that in the staff recommendations, there is only two and neither one of them address anything related to height or elevation or anything as to what is being alleged. Per Chairman Harris’ request, Mrs. Gary read the 2005 staff report as follows: “Based on the findings listed above, the Development Review Committee recommends that land use action 05-00200000 be approved with the following conditions: 1. Design review will be required to assure that all applicable building codes, ADA requirements in Chapter 14.84 of the Lake Havasu City Code have been met; 2. A Master Grading Plan shall be reviewed and approved for Phase 3 prior to the issuance of any building permits.” Don Behcki- 1651 Sailing Hawks property owner, believes he represents the opinions of most neighbors at Sailing Hawks not able to attend the public hearing. Purchased homes with a view from Ryan Atkins who assured that our views would be protected and any future construction with the Cove in front of us could not be higher than our slabs. Concerned with grading and shocked to find out that a grading plan had been approved without the height restrictions he was aware of. Although amendment to grading plan reduces the amount of lots (which they are in favor of), Lots 2, 3, 8, 14 elevations are still considerably higher than our slabs. Respectfully requests DLG revisit grading and lower the heights to be no higher than our slabs throughout The Cove development. Also would like to see an alternative design in the north end as the current design magnifies the obstruction of the view, since the homes are further away. He took pictures with a 15' pole in front of his home and his neighbors and has those available for the Commission upon request. Mr. Nelson questioned the patio and slab height being referenced. Mr. Behcki stated it is one and the same. Berning Lash, 1651 Sailing Hawks Drive, Unit 110, had a specific concern regarding Lot 3 which he believes is just a transition lot and requested lot elevations for 2 and 4 be flipped. Appreciates developer turning the lot lines to allow a window view. He supports plan being proposed and hopes it moves forward. Joe Orlando, residents of Lake Havasu since 1996, stated Diane Wildfang’s original intent was to maintain view of the water for each of the phases. Mr. Orlando is pleased for reduction of density; however, new proposal is very detrimental to their view. He read a letter from the property owner of Unit 120 who was very concerned with the current grading and elevations as he has flown his drone to check into these elevations. The front property owners have paid a substantial amount of money to protect their views and feel the value of their property will substantially decrease if the proposed is approved. Mr. Nelson stated he understands their concern; however, with the currently approved Lake Havasu City Page 6 Printed on 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 plans, the developer can actually builder higher than what is being proposed. Feels the developer is being very generous. Mr. Orlando feels the real concern are Lots 10, 11, and 12 as it destroys the value of their property substantially. Mr. Gorden, followed up to some questions and concerns generated during the Public Hearing. He reinstated the current plan is approved, permitted, and under construction with higher grades than what is proposed. The owner is prepared to continue building as it is with higher grades and more density; however, it is not in anyone’s best interest to do so. In terms of grades, as pointed out in 2005, not a condition, not a recommendation, it was in a staff report. A lot goes in a staff report that is merely for discussion and does not end up in approvals. Two years later, in 2007, the same developer, Diane Wildfang and the City agreed to specific elevations for lots that are very well documented. There were original elevations set. The Ridge requested to raise elevations one foot and in that the Cove elevations came up one foot. Mr. Gorden pointed out that it does not show an intent of being 15 feet or more below slab elevation because those elevations, specifically out there to the north just discussed, only show a differential of around 10 feet. So the intent of 2005 and the conditions are not there to support what is being mentioned. Furthermore, two years later as the project develops, specific elevations were set for all of these upper lots and they were not set at 15 feet or below the current approved or built elevations of The Ridge. Mr. Gorden understand where comments are coming from. He hopes the Commission understands this owner purchased his property with those approvals and entitlements in place and some things being mentioned are not part of the restrictions or conditions there. The owner is trying to make this work and fit for everyone. Also, view angles for Units 109-120 are oriented to the Southwest to get the best view possible. View angles are oriented Southwest and Northwest as prime views. Proposed lots have been angled to accommodate those homeowners. When you study the plan most homes are oriented that way. The Ridge to the North was always higher. Regarding lots 2 and 3, they are a unique situation due to existing grades, but they are working with the neighbor to remedy the situation. Chairman Harris closed the Public Hearing. Mr. Schmeling stated that Staff finds that the proposed rezoning meets all the requirements set forth in 14.05.04.L. Based on the findings, the Development Review Committee recommends that land use action 19-1930, amending PD 01-001, Tract 2364, Lot 27, by amending the general Development Plan reducing the density within Phase III of Sailing hawks “the Coves” from 63 lots to 22 lots be forwarded to the City Council with the following conditions: 1. The subdivision plat must be amended to reflect the new lot configuration. Lake Havasu City Page 7 Printed on 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 2. Plan changes are required on all open permits for the property. 3. Lot elevations for proposed lots 2 through 15 shall be no greater than elevations on the existing lots 1 through 20 on the approved grading plan. 4. Engineering staff must review and approve the proposed utility plans. 5. An 8-foot public utility easement must remain along both sides of street frontages. A 16 -foot PUE and DE must remain along the northern property line. A 10-foot PUE shall be located along the entire London Bridge Road frontage and the driveway to Lot 16 shall be designated a PUE. Chairman Harris asked if applicant is okay with Staff recommendations, the applicant affirmed. Mr. Nelson asked if there is a map that can be used to lock in elevations for the lots. Mr. Gorden stated the applicant and owner are comfortable with the proposed elevations on that plan being conditions of approval for these lots. They are all lower than what is currently approved today. Mr. Gorden submitted the proposed Grading which has been presented to the Commission as Exhibit A. Chairman Harris commented that the applicant has done a great job of trying to mitigate density, orientation to allow view corridors, and height at substantial costs to themselves. With their willingness to stipulate to these grades they have gone above and beyond what most developers would, actually being good neighbors. Mr. Nelson made a motion to approve [recommend approval] ID 19-1930, [amending PD 01-001, Tract 2364, Lot 27, APN 115 A, by amending the General Development Plan reducing the density within Phase III of Sailing Hawks “The Coves” from 68 lots to 22 lots], with staff’s recommendations and amendment in addition to the recommendations to include a 15 foot building height restriction and to include the proposed lot grading plan known as Exhibit 2 as part of the record to be the lot elevation height. Chairman Harris asked for clarification on the 15-foot height limitation in the motion. Mr. Nelson stated a building height restriction. Motion Failed due to lack of a second. Mr. Schmeling suggested that the condition state: The applicant will abide by the modified grades as reflected in Exhibit 1- in favor of condition 3. Mr. Nelson withdrew his original motion. Lake Havasu City Page 8 Printed on 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 Mr. Nelson made a motion to approve ID 19-1930 with staff recommendations, modifying recommendation 3 to read lot elevations to be as proposed grading plan known as Exhibit 1 and building height restrictions to be 15 feet, seconded by Mr. McGowan. Additional discussion after motion. Chairman Harris, being that the property is an R-4PD location, asked if the applicant agreed to the 15-foot height limitation. Mr. Gorden said that as stated in the presentation, they have discussed and agreed to a 15-foot exception. It is not in here at the moment. His issue in staying with what they have agreed to do is that the neighbors continue to ask and request demands going forward on lowering and adjusting stuff. The owner will go along with a restriction of a 15-foot build from the approved pad elevations on the upper lots. If this carries forward here and in Council with grades as presented and a condition of a maximum build of 15 feet above approved pad elevations for that lots 2-15, we are okay with that condition. Ms. Ballard asked to clarify that this is to include 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13. Mr. Gorden agreed and expanded to include Lot 1, per comments from neighbors. Mr. Nelson, amended his previous motion and moved to approve ID 19-1930 with staff recommendations, amending condition 3 by deleting the current condition in its entirety and replacing it with the following – Lot elevations shall be no greater than as shown on the proposed grading plan submitted and labeled as Exhibit A, and lots 1 – 15 have a maximum build height of no more than 15 feet above the approved pad elevations. The motion was seconded by Mr. McGowan and carried by the following vote: Aye: 6 - Harris, Ballard, Kendig, McGowan, Nelson and Bergen After the motion passed, Mr. Schmeling added for full disclosure, the method used for grading permit or building height determinations of any lot in town for single or two family homes. Each lot is assigned a maximum grade. The lots reside above the street, a couple or three feet in some locations and from that elevation, the 15 feet is established. All throughout town you see existing or new homes being built with RV Garages that traditionally are difficult to obtain with the typical 15-foot building height. What Staff allows, is the voluntary reduction of the lot in order to accommodate additional building height. How that works is that the grade is established, then you have your 15-foot ceiling that cannot be penetrated. If the owners choose to reduce one or all of those lots an additional foot, two feet, or three feet, they can have a structure that measures 18-feet in height for example; however, it will not penetrate that 15-foot above the approved grade. 7. CALL TO PUBLIC Lake Havasu City Page 9 Printed on 4/17/2019 Planning and Zoning Commission Minutes - Final April 3, 2019 None. 8. FUTURE MEETING The next Regular meeting is scheduled for April 17, 2019. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:43 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 10 Printed on 4/17/2019