Planning and Zoning Commission

Jim Harris, Chairman Lake Havasu City Lucas Still, Vice-Chairman Police Facility Don Bergen 2360 McCulloch Blvd North Mychal Gorden Lake Havasu City, Arizona Doug Hardy 86403 Dan McGowan www.lhcaz.gov Chad Nelson Suzannah Ballard, Alternate Kevin Murphy, Alternate Danny White, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, June 5, 2019 9:00 AM 1. CALL TO ORDER Alternate Member Bergen called the meeting to order at 9:00 a.m. 2. PLEDGE OF ALLEGIANCE Alternate Member Bergen led the Pledge of Allegiance. 3. ROLL CALL Present: 7- Doug Hardy, Suzannah Ballard, John Kendig, Dan McGowan, Chad Nelson, Donald Bergen and Danny White Absent: 3- Jim Harris, Lucas Still and Mychal Gorden 4. MINUTES Mr. Kendig made a motion to approve the minutes of the last meeting, seconded by Mr. Nelson, and carried by the following vote: Aye: 7 - Hardy, Ballard, Kendig, McGowan, Nelson, Bergen and White Absent: 3 - Harris, Still and Gorden Approval of Regular Meeting Minutes from April 17, 2019. Verball motion made by Mr. Nelson to appoint Mr. Bergen as Chairman, seconded by Mr. McGowan, and carried by a unanimous verbal vote. 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Schmeling stated revisions to the Board Committee Commission Member Handbook were distributed. Mr. Schmeling also congratulated Mr. John Kendig on his years of service with the Planning Commission and presented him with a certificate, as his term expires June 30, 2019. 6. PUBLIC HEARING ID 19-2016 Request to Approve Conditional Use Permit #19-00300004 to Allow an Open Storage Yard at Tract 2307, Block 4, Lot 5, 2090 Kiowa Blvd N., in the C-2 (General Commercial District) Lake Havasu City Page 1 Printed on 8/12/2019 Planning and Zoning Commission Minutes - Final June 5, 2019 Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located in northern part of community. • In 2018, neighboring parcels were part of planned development, rezoned to C-2. • Owners requesting to develop site as storage yard. • Conditional Use permit required for storage yard in C-2 District. • Proposed Site Plan presented. • Formal design review has not been completed. Mr. Nelson asked if Staff will require a sidewalk or driveway with final approval. Mr. Schmeling stated that traditionally, offsite improvements are required; however, this will be determined at time of design review. Ms. Ballard asked what current or anticipated use of adjacent properties is. Mr. Schmeling is unaware of adjacent owners’ intent; however, must be allowed in C-2 District. James Gagnon, applicant, stated he was available for any questions. He stated he had already planned to develop the property with a sidewalk, driveway, and decorative wall in front with some desert landscape. He has no plans to pave property. More of an investment property. Chairman Bergen opened the Public Hearing, hearing none, he closed the Public Hearing. Staff finds that the proposed conditional use permit meets all the requirements set forth in 14.05.04 G. Based on the findings, the Development Review Committee recommends that land use action 19-2016 be approved with the following conditions: 1. Design Review shall be completed prior to the issuance of a grading permit or any site improvements. 2. A Knox key switch on the electric gate shall be provided. Mr. Bergen stated he does not feel open storage is the best use for this site adjacent to residential property. He stated noise and possibly odor from the storage yard affecting the church and apartment complex, as his concern. Ms. Ballard stated that there are no plans to pave the property. She is concerned about traffic over a dirt lot next to a residential lot. Feels open storage is not the best use of the property, unless it can be paved to cut down some of the dust. Mr. Nelson made a motion to approve Conditional Use Permit #19-00300004 [ID 19-2016] to allow an open storage yard at Tract 2307, Block 4, Lot 5, 2090 Kiowa Blvd N., in the C-2 (General Commercial District) with the following conditions: 1. Design Review shall be completed prior to issuance of a grading permit or any site Lake Havasu City Page 2 Printed on 8/12/2019 Planning and Zoning Commission Minutes - Final June 5, 2019 improvements. 2. A Knox key switch on the electric gate shall be provided. 3. A sidewalk and driveway be installed, and a decorative block wall be installed conforming to the City’s landscaping requirements. The motion was seconded by Mr. McGowan, and carried by the following vote: Aye: 4 - Kendig, McGowan, Nelson and White Nay: 3 - Hardy, Ballard and Bergen ID 19-2014 A Request for a Preliminary Subdivision Plat for Esperanza Condos Plat of Tract 2252, Block 3 Lot 7, 490 N. Lake Havasu Avenue, Creating 18 Residential Condominiums, a Storage Unit, a Pool House, and Covered Parking. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located on Lake Havasu Ave, between Palo Verde Blvd. and Industrial Blvd. • Property is zoned Residential Multi-Family District (R-M). • R-M District allows multi-family residential as a permitted use. • Building plans have been submitted and are currently under review by the City. • Owner proposed a condominium plat in order to sell each of the proposed 18 residential units. • Parcel plat layout was presented showing units, garages and pool area. Lee Johnson, APL Surveying Inc, summarized the project stating it is an 18-unit condominium project that has just broken ground. Each unit will have its own separate garage and an amenity pool and pool house. Chairman Bergen opened the Public Hearing, hearing none, he closed the Public Hearing. Staff finds that the proposed subdivision meets all the requirements set forth in Title 13. Based on the findings, the Development Review Committee recommends that land use action 19-2014, a preliminary plat for Esperanza Condos be approved. Mr. Nelson commented that he feels this is a great project and would like to see more projects like this in Lake Havasu. Mr. Nelson made a motion to approve ID 19-2014, a request for a Preliminary Plat Subdivision Plat for Esperanza Condos Plat of Tract 2252, Block 3 Lot 7, 490 N. Lake Havasu Avenue, Creating 18 Residential Condominiums, a Storage Unit, a Pool House, and Covered Parking with staff’s recommendations, seconded by Ms. Ballard, and carried by the following vote: Aye: 7 - Hardy, Ballard, Kendig, McGowan, Nelson, Bergen and White Lake Havasu City Page 3 Printed on 8/12/2019 Planning and Zoning Commission Minutes - Final June 5, 2019 ID 19-2015 Request for a Preliminary Subdivision Plat for a Re-Plat of The Shops at Lake Havasu City, Tract 2396A at 5601 Hwy 95 N, Creating 10 Lots and a Common Parcel “A” Mr. White recused himself due to conflict of interest. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located west of Lake Havasu City Airport in northern part of community. • Proposed plat was presented showing the 10 new parcels. • Majority of parcels are as a result of existing buildings, with exception of a couple- one being a vacant lot with parking and a larger parcel which contains a building pad and parking. Mr. Nelson requested the movie theatre be pointed out to show its reference towards orientation layout of the proposed plan, for the benefit of audience and viewers at home. He also asked if the parking lot was going to remain in Lots 8 and 9, to which Mr. Schmeling stated the major parking lot will remain common, as Parcel A. There will still be other agreements in place that discuss portions and rights of individual businesses to the parking area; however, this can be addressed by the applicant. Chairman Bergen asked if Staff saw any kind of problem with existing businesses. Mr. Schmeling stated he does not see any issues. All this is doing is creating the separation of each building, allowing each building to be individually owned. One concern expressed during design review process, stated as a condition, is specific to Walmart, relative to the new building and property line. There are some separation requirements that as a result of putting in a new property line are not being met. A building code provision is within the conditions. Lee Johnson, APL Surveying, gave a brief history of the mall and the four main parcels- Walmart, Dillards, JCPenny, and the overall parcel. A year or two ago, the owner broke out the movie theatre, Pet Smart building, and hair & beauty building. Now, the developer is breaking out 10 more parcels. Parking is to remain as common parking. Per code, not a lot of parking spots can be removed with current layout. Chairman Bergen opened the Public Hearing. Debra Hunter, frequent shopper at Dillards, stated the parking lot is always empty. She feels this item sounds like a good project and will help the whole mall bring business in. Mr. Bergen closed the Public Hearing. Lake Havasu City Page 4 Printed on 8/12/2019 Planning and Zoning Commission Minutes - Final June 5, 2019 Mr. Schmeling stated that Staff finds that the proposed subdivision meets all the requirements set forth in Title 13. Based on the findings, the Development Review Committee recommends that land use action 19-2015 a preliminary plat for the re-plat of The Shops of Lake Havasu City, Tract 2396A, creating 10 lots and a common Parcel “A” with the following condition: 1. A building code compliance covenant be placed on the dedication page of the final plat to read as follows: Building Code Compliance Covenant Provisions for open mall buildings an anchor buildings shall be maintained as required by the International Building Code shall be maintained around the open mall building and anchor buildings. One-hour fire barriers are required between all tenant spaces in all building due to a reduction of the required sixty-foot yard. This reduction occurred at Building J, which is located on Lot B-3. Mr. Nelson made a motion to approve land use action ID 19-2015, approving a Preliminary Plat for a re-plat of The Shops at Lake Havasu City, Tract 2396A at 5601 Hwy 95 N, Creating 10 Lots and a common Parcel “A’” with staff recommendation. Mr. Nelson amended his motion reading the condition and covenant: 1. A Building Code Compliance Covenant be placed on the dedication page of the final plat to read as follows: Building Code Compliance Covenant Provisions for open mall buildings and anchor buildings shall be maintained as required by the International Building Code. A sixty-foot yard as defined in the International Building Code shall be maintained around the open mall building and anchor buildings. One-hour fire barriers are required between all tenant spaces in all buildings due to a reduction of the required sixty-foot yard. The amended motion was seconded by Mr. Kendig and carried by the following vote: Aye: 6 - Hardy, Ballard, Kendig, McGowan, Nelson and Bergen Absent: 1 - White 7. CALL TO PUBLIC None. 8. FUTURE MEETING Mr. Schmeling stated the meetings for June 19 and July 3, 2019 are canceled. The next regular scheduled meeting is July 17, 2019. Lake Havasu City Page 5 Printed on 8/12/2019 Planning and Zoning Commission Minutes - Final June 5, 2019 In closing the meeting, Chairman Bergen stated Mr. Kendig is retiring from the Commission today and personaly thanked Mr. Kendig for his time of service with the Commission. Mr. Kendig thanked everyone and stated he has enjoyed being on the Commission and that he would like to see some younger people apply for these positions. 9. ADJOURNMENT Chairman Bergen adjourned the meeting at 9:40 a.m. _________________________________________ Donald Bergen, Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 6 Printed on 8/12/2019