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, November 20, 2019 9:00 AM 1. CALL TO ORDER Staff member, Mr. Luke Morris called the meeting to order at 9:03 a.m. 2. PLEDGE OF ALLEGIANCE Mr. Morris led the Pledge of Allegiance. 3. ROLL CALL Present: 6- Mychal Gorden, Doug Hardy, Donald Bergen, Dan McGowan, Chad Nelson and Suzannah Ballard Absent: 4- Jim Harris, Lucas Still, Danny White and Kevin Murphy 4. ELECTION OF OFFICERS Mr. Nelson made a motion to re-elect Jim Harris as Chairman and elect Mychal Gorden as Vice Chairman. The motion was seconded by Mr. Hardy and carried by the following vote: Aye: 5 - Gorden, Hardy, Bergen, McGowan and Nelson Absent: 5 - Harris, Still, Ballard, White and Murphy Newly elected Vice Chairman Gorden took over the meeting. Alternate Member Ms. Ballard was seated. 5. MINUTES Mr. McGowan made a motion to approve the minutes of the last meeting, seconded by Mr. Hardy. The motion carried by the following vote: Aye: 6 - Gorden, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Harris, Still, White and Murphy Approval of Regular Meeting Minutes from September 18, 2019. 6. CORRESPONDENCE AND ANNOUNCEMENTS None. 7. PUBLIC HEARING Lake Havasu City Page 1 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 ID 19-2210 A Request to Approve Conditional Use Permit #20-0030001 to Allow a Vacant Property to be Used as an Outdoor Event Area, Including Electrical Service, for a Term of Two Years Without Providing the Required Parking Improvements, in the MU-UMS (Mixed-Use Uptown McCulloch Main Street) District on Tract 100, Block 5, Lot 17; 2101 McCulloch Blvd. N. Mr. Morris thanked the Vice Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Request is a 2 year conditional use waiving parking improvements. • Property in central part of town in the Mainstreet area, 2101 McCulloch Blvd N. • Site marketed as YardCity, currently being used as part of First Fridays. • Approved by Staff, allowed to have limited improvements- perimeter fence, portable toilets, lighting, artificial turf, pavers, and food/beverage truck. • Currently powered by generators. • Requesting to add a stage, multi-tier platform, and permanent power. • Use allowed in Uptown McCulloch Mainstreet District; however, parking improvements are required. • Conditional use required to allow use without parking improvements. James Gray, Director of Partnership for Economic Development (PED), spoke about developing culture in town with a catalyst project known as First Fridays. Supporting artists and local businesses, operating 3 hours a month, this project gauges interest and sees what works with a lot of businesses on McCulloch Blvd. It is a micro little event center. The PED has a two-year commitment to this space. Aligned with the vision 2020, trying to create culture for young professionals. YardCity is not necessarily a First Friday (three-hour type). It is a one-hour type experience in downtown, where the public gets a theme of the evening and then moves on. People are enjoying this revival and businesses are staying open longer. Plan is to get people downtown on a regular basis. Mr.Nelson asked if people are parking in the dirt parking lot. Mr. Gray stated based on a parking study in 2007, parking is not a problem for events. Mr. Bergen stated his concern of how it will affect parking of adjacent businesses in the rear. Mr. Gray stated people are encouraged that a group of volunteers out of Creative Comrades is bringing thousands of people out onto the streets. Great customer acquisition. Have not heard any parking complaints. . Vice Chairman Gorden Opened the Hearing to the Public. Nancy Campbell, original owner of J’s Cigar Bar stated she fully supports the program; however, she would like Planning and Zoning to be consistent. She has seen a lot of Lake Havasu City Page 2 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 conditional uses that do not make sense and she had super strict guidelines when constructing her building. Gene Ballew, owns condo behind project on Vista Del Sol, stated parking and noise to be an issue with every function downtown. Owners cannot park in their parking spots or get into their garage. Barriers have been placed to prevent their spots from being taken but are not adhered to. Mr. Nelson, asked Mr. Ballew if he is having an issue with events in general or just on First Friday events. Mr. Ballew stated events in general, as he cannot say that on a particular Friday there was a particular event. Mr. Nelson and Vice Chairman Gorden said that would be an issue for the City to address and could be brought up at the Public Hearing portion of the meeting. Jacky Leatherman, works for Go Lake Havasu Tourism Bureau, creates and starts events in Lake Havasu City. Supports the over 400 events that we have in Lake Havasu and applauds how quickly and organically this event has been for our city. In working this event, she did not see a parking issue in the rear. Only major issue seen was keeping people to the crosswalks. Sharon Sahl, resident of AZ, lives in condo as Mr. Ballew, stated parking looks like a junk yard. She has issues with trash and debris left all over the place, as well as the same parking issues as Mr. Ballew. Mr. Gray stated this is just a demonstration site. It is not a business. All money made goes back to First Friday funding artists. If this goes passed the two years, they are committed to doing the necessary improvements. Mr. Gray stated they will start mitigating some of the complaints received today on their own. Vice Chairman Gorden stated this is parking-in-common and some self policing at events would be good for the neighbors. Diane Robinson, lives directly behind on Mesquite Ave. , stated fellow residents and her want to know how often events will be held, length of hours, etc. She also stated parking is a problem with huge events downtown, but if using that several days a week into late hours, those are more of a concern for them. Mr. Gray stated First Fridays is 6-9 p.m.- stop selling alcohol at about 8:45 p.m. As far as other functions, a couple of other things are in the works. Christmas movie series running until about 10 at night. Ted Talk series, which is educational for entrepreneurs, will probably not go past 8 p.m. BBB has a plan for small businesses, which will have a platform. Projectors-social environment for entrepreneurs. Mr. Gray does not see a lot events happening, as this is not a business and is ran by volunteers. A past event was Lake Havasu City Page 3 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 given a shut off time of 11 p.m. Mr. Gray stated he would leave his contact information, so the condo owners can contact him directly with their issues. Vice Chairman Gorden Closed the Hearing to the Public. Mr. Morris stated that based on the findings, the Development Review Committee recommends that Conditional Use Permit #20-0030001 to allow a vacant property to be used as an outdoor event area, including electrical service, for a term of two years without providing the required parking improvements, in the MU-UMS District on Tract 100, Block 5, Lot 17 be approved with the following conditions: 1. The use shall be allowed for a term of two years from date of approval. After that time, if the parking lot is not improved in compliance with Parking-in-Common masterplan for Tract 100, Block 5, and the owner/applicant wishes to continue the approved uses, an application for extending the CUP must be submitted for Planning Commission review. 2. An electrical permit shall be submitted to install a new power pole. 3. Gates shall remain locked when not in use. 4. A site plan shall be submitted for review and approval by Fire, Building, and Planning Divisions. After a motion was made, Mr. Bergen asked if this could be done with a one year test period. Mr. Morris stated the Commission is the one who imposes the timeframe and conditions. Mr. Nelson stated the use is already allowed. They can continue to do the events. The only difference here is that they want to have power instead of running generators. Mr. Morris clarified that the current use allows First Fridays only. If they are looking to increase those uses, make them more frequent or add more uses, that is what is prompting Staff to say that now this is more permanent as you are adding a stage, some tiers, things that are more permanent in nature. In conjunction with that, if you are developing your property, you need to develop the whole property, including the parking. Additional events (other than First Fridays) would not be allowed should this conditional use not be approved. Mr. Bergen stated he still feels one year would be more appropriate. Mr. Morris stated the parking lot stays as dirt and will not be improved for at least 2 years. Although the Public Hearing portion of the meeting had been opened and closed, City Attorney Kelly Gary explained such to the public and allowed Vice Chairman to re-open the public hearing. Lake Havasu City Page 4 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 Dana Morris, lives at Vista Del Sol, asked that the dirt parking area be raked out to remove nails and boulders, so that people can park there. Sharon Sahl, Vista del Sol resident, also stated a concern for easy accessibility of portable toilets inside structures on alley side to transients. Mr. Gray clarified that the gates are full panic hardware. Long-term platform is all pavers. As far as the one or two year commitment, they have allocated with partners certain money for two years. If a one year conditional use was to be imposed, it would be a bit of a hardship to come back in one year. He also stated that prior to today; they had not received any complaints. As of today, they can work on some improvements. Vice Chairman Gorden stated he appreciates Mr. Gray working with the neighbors and mentioned that with minimal cost, a little grading and cleanup would make that sliver of a parking lot usable. Possibly even by striping it with some chalk, the public would understand that they can park on it and use it just like the parking-in-common. Vice Chairman Gorden closed the Public Hearing again. Mr. Nelson made a motion approve item No. 19-2210, a request to approve Conditional Use Permit #20-0030001 to allow a vacant property to be used as an outdoor event area, including electrical service, for a term of two years without providing the required parking improvements, in the MU-UMS District on Tract 100, Block 5, Lot 17 with the following conditions: 1. The use shall be allowed for a term of two years from date of approval. After that time, if the parking lot is not improved in compliance with Parking-in-Common masterplan for Tract 100, Block 5 and the owner/applicant wishes to continue the approved uses, an application for extending the CUP must be submitted for Planning Commission review. 2. An electrical permit shall be submitted to install a new power pole. 3. Gates shall remain locked when not in use. 4. A site plan shall be submitted for review and approval by Fire, Building, and Planning Divisions. Adding Condition 5. Parking area be cleared of any rocks or debris to allow parking, before the next First Friday event. The motion was seconded by Mr. McGowan and carried with the following vote: Aye: 5 - Gorden, Hardy, McGowan, Nelson and Ballard Nay: 1 - Bergen Absent: 4 - Harris, Still, White and Murphy Lake Havasu City Page 5 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 ID 19-2205 Request for a Zoning Map Change of Tract 2208, Block 13, Parcel L and Tract 2217, Block 9, Lots 3 & 4, from R-1 (Residential Single-Family) District and R-3 (Limited Multiple-Family) District to R-3/PD (Limited Multiple-Family/Planned Development) District not to Exceed 6.99 Units Per Acre Ms. Gary explained the procedural process for the meeting to the public. Mr. Morris thanked the Vice Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property is located on southeast portion of town. • 5.76 acres with main access off Buena Vista Ave and emergency access off Indian Hills Drive. • Conceptual Site Plan shown on screen. • Two different zoning districts. • R1 (Residential) – little over 5 acres acquired through a public property sales process. • 2 lots-R-3 (Residential Multi-Family). • Large property backs to residential (R1) properties. • R3 zone density allows up to 10 units per acre. • Proposal is for 6.99 (7 units) per acre. • More than 7 units per acre would require a General Plan amendment. • Stand-alone single family detached homes. Townhouse Condominiums - owning condominium and footprint with shared amenities. • Developers going through entitlement phase. • No formal infrastructure review has been performed. WW and water stuctures no issues. • Citizens review meeting on October 11, 2019 and citizens expressed, dust, traffic, views, and property value concerns. • The Commission received a copy of a Petition of Opposition from neighboring property owners. • Traffic would be addressed at next stage. • This is the first of two meetings. Planning Commission will make recommendation to City Council on 1/14/20. • City Council will make final decision on 1/14/20. Sam Woods, Applicant, stated Mr. Morris just addressed the issue about a rumor that this is high density. He added that basically, these are just little houses. He deferred speaking until the public speaks and then will rebuttal. Vice Chairman Gorden Opened the Public Hearing. Bob Bishop, Indian Hills Drive resident, spoke in opposition of the item. He was told the Lake Havasu City Page 6 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 property would either be a school or a park. He expressed his concerns that the rezone will change the character of the neighborhood and cited the following as concerns: more people, traffic, parking, noise, overall safety issues, appearance of tiny homes, proximity to new homes, and decreasing value of adjacent properties. Feels the tiny homes do not belong in the middle of a community. They belong where the current infrastructure can handle the increased density. He stated a petition was turned into the City that was signed by over 50 people against this item. He stated this is an Island in middle of R1 zoned property. Judy Newman [also read a letter from Alan Newman, neighboring property owner in opposition of this item] , Bill Newell , Rex Cross, Charles Berin, Shirley Richter, all spoke in opposition of the item citing concerns stated by Bob Bishop. Jane Strain, resident on Reservation Drive also spoke in opposition citing same issues. Miles Nelson, Realty One Group, Mountain Desert Realtor, spoke in regards to the town’s development growth. Many R3 lots in town are having a single home built on them when they could have had up to ten homes, affecting the future of Lake Havasu. In terms of developing, he wants to see continued growth in town and not see multifamily lots be used for single-family use. In terms of zoning, it would not be an island of R1 as the bottom adjoining properties are zoned R3. Bob Bishop, spoke again and asked where everyone will park if they build 40 homes, commented on the sale of the property, and restated his concerns in opposition of this item. Vice Chairman Gorden closed the Hearing to the Public. Mr. Woods, spoke in regards to concerns raised. Buyers for the proposed units are retired couples. In regards to the units on Single Family lot, you can put about 20 houses, plus 7 units on Buena Vista. The density is almost the same on either process. These developments are being restricted from boats and trailers. Property values have remained steady for condo units. Gated community an option. When questioned by Mr. McGowan as to the homes being “cookie cutter”units, Mr. Woods stated they will switch it up. Elevation will be 15 feet. Proposal will have garages included so parking will not be an issue. CC&R’s will have restrictions governed by HOA. Similar to existence in London Greens. Mr. Morris 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 the Planning Commission recommend approval of land use action 19-2205, with the following Lake Havasu City Page 7 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 conditions: 1. The project is not to exceed 6.99 units per acre; 2. The project shall consist of detached single-family units; and 3. Formal Design Review shall be required. Mr. Morris stated this item is before the Commission for a recommendation to the City Council and will go before them at the January 14, 2019 meeting. Mr. Nelson asked Ms. Ballard what a Green Homes Condo square footage is. She stated they run about 1800 to 2400, consistent with other RE homes in the area. Vice Chairman Gorden supports what Builtwell is doing in this community – smaller product at a lower price point. With that being said, it is difficult in this situation because of how far it projects back into an existing single-family neighborhood. It would be different if a lot the lots were still vacant. Difficult item for the Commission and Council. Mr. Nelson stated he loves this project and stated we need projects and housing like this. Given the circumstances, a developer mitigates their risk whichever way it goes, but it may be too far reaching in this case. Mr. Bergen stated he looked at the existing houses that borders this project. He does not like the idea of having two or three and ultimately 40 new houses built adjacent to your back lot line and would be upset if he owned houses next to this project. Ms. Ballard made a motion to deny the request for lack of a motion, and then amended the motion to Recommend Disapproval of this item to the City Council, seconded by Mr. Bergen. The motion carried by the following vote: Aye: 6 - Gorden, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Harris, Still, White and Murphy ID 19-2201 A Request to Rezone Tract 100, Block 9, Lot 54, 2105 Moyo Drive, from MU-N/PD (Mixed Use - Neighborhood/Planned Development) District to R-UMS (Residential - Uptown McCulloch Main Street) District Mr. Morris thanked the Vice Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property is located at 2105 Moyo Drive. • Lower part of Mainstreet Area on the corner of Moyo Drive and Smoketree Ave N. • Measures .32 acres, vacant and undeveloped. • Rezoned in 2010 from R3 to CO/PD, Commercial/Planned Development, for a professional office building (project not constructed). • In 2016, the Development Code was updated and CO was renamed to MU-N, Mixed Lake Havasu City Page 8 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 Use Neighborhood District. • Requesting to rezone from MU-N/PD to R-UMS, Residential Uptown McCulloch Mainstreet District (Multiple Family) . • Subject property is the only commercially zoned property on the block. • Applicant has not discussed specific development plans with Staff. • Future development would need to meet the development standards for R-UMS District and go through Design Reviews. Sam Woods, applicant, stated the intent is to build a project like the River Walk Project, which has already been approved. Vice Chairman Gorden Opened the Hearing to the Public. Chris Johnson, Lake Havasu resident for 50 years who lives on second lot on Sunray, stated she has a large wall in the back yard. She said that if this project is built she will have people looking into her yard and will be blocking her sunset view. Not against building something there, just not three stories high. Sam Woods, clarified that zoning on that property allows up to 42 feet tall, but he will not be close to that height. Vice Chairman Gorden asked Mr. Morris what current height limitation is, to which he stated part of the PD request was to allow a 30 foot building height. New district would allow up to 42 feet. Mr. Nelson asked what overall height of current project [Esperanza Project] in height is. Mr. Woods stated it is about 32 feet. Vice Chairman Gorden closed the Public Hearing. Staff finds that the proposed rezoning meets all the requirements set forth in 14.05.04.K. Based on the findings, the Development Review Committee recommends that the Planning Commission recommend approval rezoning Tract 100, Block 9, Lot 54; 2105 Moyo Drive, from MU-N/PD District to R-UMS District. Mrs. Ballard, clarified that this item is to rezone the property only, has nothing to do with what will be built on the property, to which Mr. Morris affirmed. Mr. Nelson stated that he understands Ms. Johnson; however, someone can potentially take the current structure and build up to 42 feet on the adjoining lot. Mr. Nelson made a motion to recommend approval of land use action No. 19-2201, Lake Havasu City Page 9 Printed on 1/7/2020 Planning and Zoning Commission Minutes - Final November 20, 2019 a request to rezone Tract 100, Block 9, Lot 54, 2105 Moyo Drive, from MU-N/PD District to R-UMS District, seconded by Ms. Ballard. The motion carried by the following vote: Aye: 6 - Gorden, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Harris, Still, White and Murphy ID 19-2209 Discussion of Multiple, Potential Amendments to Title 14 Zoning (Development Code) Relating to Permitted Uses Table 3-1 To Add Permitted and Accessory Uses to All Zoning Districts and Any Additional Amendments Necessary to Definitions and Section References as a Result of Changes to Table 3-1 Staff and Commission had a general discussion of multiple, potential amendments to Title 14 Zoning (Development Code) relating to permitted uses Table 3-1, to add permitted and accessory uses to all zoning districts and any additional amendments necessary to Definitions and Section References as a result of changes to Table 3-1 Mr. Morris stated this is a discussion item only. The Commission will not be making a recommendation to the Council at this point. A brief history on the Development Code was given. Staff is requesting the Commission review the table (including comments and related codes) and submit any comments to Staff prior to the next meeting so that a more detailed discussion can be done at the December 18, 2019 Planning Commission meeting for potential amendments to the Uses Table. N/A 9. CALL TO PUBLIC None. 10. FUTURE MEETING The Regular meeting scheduled for December 4, 2019 has been canceled. The next Regular meeting is scheduled for December 18, 2019. 11. ADJOURNMENT Vice Chairman Gorden adjourned the meeting at 11:09 a.m. _________________________________________ Mychal Gorden, Vice Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 10 Printed on 1/7/2020