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, September 18, 2019 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: 6- Jim Harris, Mychal Gorden, Doug Hardy, Donald Bergen, Dan McGowan and Chad Nelson Absent: 4- Lucas Still, Suzannah Ballard, Danny White and Kevin Murphy 4. MINUTES Mr. Gorden made a motion to approve the minutes of the last meeting, seconded by Mr. McGowan, and carried by the following vote: Aye: 6 - Harris, Gorden, Hardy, Bergen, McGowan and Nelson Absent: 4 - Still, Ballard, White and Murphy Approval of Regular Meeting Minutes from August 21, 2019. 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Schmeling stated he would be presenting today's item as Mr. Morris is on vacation. 6. PUBLIC HEARING ID 19-2146 A Request for a Major Planned Development Amendment of PD 05-00200008, The Shops at Lake Havasu, as follows: 1. Removing and Rezoning Tract 2396, Lot A-2 (APN 120-61-002), Including PetSmart, Bealls, and Cactus RV, from the Current C-2/PD (General Commercial/Planned Development) District to the C-2 (General Commercial) District; and 2. Removing and Rezoning Tract 2392, Block 1, Lots 5, 6, & 8 (APN’s 120-54-005, 006, & 008), Consisting of Three Undeveloped Outparcels, from the Current C-2/PD District to a New C-2/PD District Allowing All Lake Havasu City Page 1 Printed on 12/12/2019 Planning and Zoning Commission Minutes - Final September 18, 2019 C-2 Uses Except Storage Units, Warehousing and Wholesale Distribution, and Outdoor Storage Uses. Mr. Schmeling thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Properties located on northern end of community- The Shops of Lake Havasu . • Existing uses, businesses, and zoning map shown on screen. • March of 2019, similar rezone request to remove lots from PD. • Request is to rezone the Beahls, Cactus RV, and PetSmart property to C2. • Also, rezone 3 vacant out parcels (Lots 5,6, and 8) to C2 with new PD with limited uses: storage units, warehouse and wholesale distribution, outdoor storage uses. • Staff suggested a signage condition, applied to original PD, remain with new PD. Chairman Harris, asked why the three restrictions are not being applied to the first part of the rezone. Mr. Schmeling stated the request was not for that. In addition, given recent rezoning of previous lots, the properties already have somewhat limited uses. The three out parcels are vacant. Chairman Harris used the Cactus RV with RVs filling the parking lot, as an example for a display and storage facility. Mr. Schmeling suggested Chairman Harris may ask the applicant what his intended use for the property is; however, Staff feels that although outdoor display was not considered in the original mall development, it is a permitted use in C2 District. Mr. Nelson stated he had the same concern as Chairman Harris and wondered whether it is limited in the HOA. Mr. Schmeling stated he is not aware to what extent, if any, outdoor storage is limited within the HOA. Chairman Harris stated he would not like to see a fence go up and have open storage in that area. Mr. Gorden asked to clarify that there are two different uses, outdoor display of vehicles that is currently happening is not being prohibited in the outparcels. What is being prohibited in the outparcels is outdoor storage. The same use that is happening today, can happen in the out parcels. Mr. Schmeling affirmed and stated storage units or storage yards is what would be prohibited. Once you get into recommendations, Staff also removed the repair of vehicles as well. Rob Sampson, Selberg & Assoc., stated he was there to answer any questions and requested a favorable vote from the Commission. Retail in general across the country is in disrepair. The owner is trying to take advantage of Omni channel format- distribution and outreach that other people at the mall are looking at doing. Owner wants to attract new Lake Havasu City Page 2 Printed on 12/12/2019 Planning and Zoning Commission Minutes - Final September 18, 2019 variety of tenants, not in detrimental way to what is out there. Also, find new avenues to keep the building open and more viable. The owner has reached out to a couple of ATV/ watercraft and family fun centers. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. 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 19-2146, amending PD 05-00200008, be forwarded to the City Council with a recommendation of approval as follows: 1. Removing and rezoning Tract 2396, Lot A-2 (APN 120-61-002), including Petsmart, Bealls, and Cactus RV, from the Current C-2/PD (General Commercial/Planned Development) District to the C-2 (General Commercial) District; and 2. Removing and rezoning Tract 2392, Block 1, Lots 5, 6, & 8 (APN’s 120-54-005, 006, & 008), consisting of three undeveloped outparcels, from the current C-2/PD (General Commercial/Planned Development) District to a new C-2/PD (General Commercial/Planned Development) District allowing all C-2 uses, but excluding Vehicle Service or Repair, Storage Units, Warehousing and Wholesale Distribution, and Outdoor Storage Uses, and that Condition #2, as described in Ordinance No. 07-878, restricting freestanding signs on the outparcels remain unchanged. The Commission went through the list of all permitted uses in the C2 Zoning District and held a more detailed discussion about including limitations on the use of Medical Marijuana and vehicle repair facilities. Chairman Harris asked, for edification purposes, what an infusion facility is. Nancy Campbell, addressed the Commission from the podium and gave examples of what an infusion is. Mrs. Gary stated that the Medical Marijuana Infusion Center definition is a facility that incorporates medical marijuana in the means of cooking, blending, or incorporation into consumable edible goods. Mr. Schmeling read the definitions for Light Vehicle Service and Repair and Heavy Vehicle Service and Repair. Mr. Gorden stated he felt vehicle service and repair should not be in the recommendation and should be stricken out. Mr. Gorden made a motion to recommend approval of land use action 19-2146, for a Major Planned Development Amendment of PD 05-00200008, The Shops at Lake Havasu, as follows: 1. Removing and rezoning Tract 2396, Lot A-2 (APN 120-61-002), including PetSmart, Bealls, and Cactus RV, from the Current C-2/PD District to the C-2 District; and 2. Removing and rezoning Tract 2392, Block 1, Lots 5, 6, & 8 (APN's 120-54-005, 006, & 008), consisting of three undeveloped outparcels, from the current C-2/PD District to a new C-2/PD District allowing all C-2 uses except Storage Units, Lake Havasu City Page 3 Printed on 12/12/2019 Planning and Zoning Commission Minutes - Final September 18, 2019 Warehousing and Wholesale Distribution, and Outdoor Storage Uses. 3. Restricting the placement of freestanding signs on the outparcels, Lots 5, 6, and 8, along Highway 95. Motion seconded by Doug Hardy and carried with the following vote: Aye: 6 - Harris, Gorden, Hardy, Bergen, McGowan and Nelson Absent: 4 - Still, Ballard, White and Murphy 7. CALL TO PUBLIC None. 8. FUTURE MEETING The October 2 and 16, 2019 meetings have been canceled due to no items being submitted. The next regular meeting is scheduled for November 6, 2019. The Commission will have election of officers at next meeting. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:49 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 4 Printed on 12/12/2019