Planning and Zoning Commission

Jim Harris, Chairman Lake Havasu City Mychal Gorden, Police Facility Vice-Chairman 2360 McCulloch Blvd North Don Bergen Lake Havasu City, Arizona Doug Hardy 86403 Dan McGowan www.lhcaz.gov Chad Nelson Lucas Still Planning and Zoning Commission Regular Meeting Suzannah Ballard, Alternate Kevin Murphy, Alternate Danny White, Alternate Minutes - Final Wednesday, January 15, 2020 9:00 AM 1. CALL TO ORDER Chairman Harris called the meeting to order at 9:01 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Harris led the Pledge of Allegiance. 3. ROLL CALL Present: 6- Jim Harris, Doug Hardy, Donald Bergen, Dan McGowan, Chad Nelson and Suzannah Ballard Absent: 3- Lucas Still, Mychal Gorden and Danny White Alternate Member Ballard was seated. 4. 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 - Harris, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Still, Gorden, White and Murphy Approval of Regular Meeting Minutes from December 18, 2019. 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris informed the Commission that Alternate Member Kevin Murphy has resigned. Anyone interested may contact the City Clerk Department for an application. 6. PUBLIC HEARING ID 20-2253 A Request for Approval of a Preliminary Condominium Subdivision Plat for Toy Storage at The Foothills Storage Condominiums Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The request is for storage condominiums to allow individual ownership. • Subject property is 5.5 acres and is located on Cherry Tree Boulevard. Lake Havasu City Page 1 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 • Properties to North, West, and South are zoned RE (Residential Estates); North (MUG) Mixed Use General, as is subject property. • Project proposed in two phases; Phase 1 – Bldgs A & B, Phase 2- Parcel B. • Bldg A- 25 storage units, 1 utility unit; Bldg B- 21 storage units. • No plans submitted for Phase 2 at this time. • Project has gone through design review and building permits have been reviewed and approved. • Condominium provides for individual ownership. Chairman Harris asked if there is a unit for residence management included in this proposal, to which Mr. Morris stated it has not been included in this plat. Lee Johnson, APL Surveying stated the project is currently under construction. The plat allows the owner to sell the individual units to associated owners in that area. Right now there is no management unit in Phase 1. Chairman Harris 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 approval of land use action ID #20-2253, a Preliminary Condominium Subdivision Plat for Toy Storage at The Foothills Storage Condominiums. Mr. Nelson made a motion to approve ID 20-2253 [a Preliminary Condominium Subdivision Plat for Toy Storage at The Foothills Storage Condominiums] with Staff's recommendations, seconded by Mr. Hardy and carried by the following vote: Aye: 6 - Harris, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Still, Gorden, White and Murphy ID 20-2254 A Request for Approval of a Preliminary Townhome Condominium Subdivision Plat for Mastros Condominiums, Creating 10 Residential Units Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The request is for a 10-unit town home complex. • Subject property is .68 acres and is located on Palo Verde Boulevard S. • Complex will have one access off of Palo Verde Blvd S. • Property bounded by multiple family residential to the west; south and east have single family residential development. • Proposed as town homes so ownership would include the building and land underneath the building. • Project has gone through design review and building permits have been reviewed and Lake Havasu City Page 2 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 approved. Lee Johnson, APL Surveying, stated that the property is zoned R3, and these are single story units. Chairman Harris 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 approval of land use action ID #20-2254, a Preliminary Townhome Condominium Subdivision Plat for Mastros Condominiums. Mr. Bergen asked Staff what was done to let the neighbors know what was going on. Mr. Morris stated that there is no requirement of notification for a subdivision or construction of project for properties surrounding the subdivision; as in the case of a rezone or other certain land use actions. Chairman Harris added that the Commission is not changing the zoning, just approving the subdivision- how the parcel will be devided. Mr. McGowan made a motion to approve ID #20-2254, a request for approval of Preliminary Townhome Condominium Subdivision Plat for Mastros Condominiums, seconded by Mr. Nelson, and carried by the following vote: Aye: 6 - Harris, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Still, Gorden, White and Murphy ID 20-2248 A Request to Amend Planned Development No. 97-005 by Removing Retail Centre-2 Parcel Plat, Parcels A, B, & C from the Existing Planned Development and Rezoning the Properties from C-2/PD (General Commercial Planned Development) to C-2 (General Commercial). Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located near Shops of Lake Havasu. • Bounded by Home Depot (east), Retail Centre Blvd (north), vacant land, RV Park, sewer lift station, and utility substation (west and south). • Request to amend Planned Development 97-005, removing Retail Centre-Parcel Plat, Parcels A, B, & C and rezoning from C-2/PD to C-2. • Easements and wash will need to be taken into consideration when developing property. • Overall, PD for mall was amended in 1997 C2/PD. • The subject lots did not have a specific development layout. Lake Havasu City Page 3 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 • Applicant removing themselves from PD to develop property within C-2 zoning allowances. • Neighboring properties and portion of mall have removed themselves from PD also. Mr. Nelson asked if, currently, applicant is limited to retail or does it have to be agreed upon by the mall. Mr. Morris was not sure how it plays out with the mall overall- private mall development agreement is outside of the City’s purview. Right now, they could apply for anything allowed in underlying C-2 district; however, because it has the PD attached, is has more scrutiny. Under the old PD from 1997, the applicant would need to go before the Commission and/or City Council for review. Removing the property from the PD avoids this process. Chris Stark, owner/applicant, stated he is planning on doing a toy storage RV elite custom condominium storage. Properties will be landscaped and have a nice façade to match surrounding properties. Fully aware of amenities for citizens of Lake Havasu. Chairman Harris asked Mr. Stark what his projected time for construction is and Mr. Stark said less than 2 years (18 months to 2 years). 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 Planning Commission recommend approval to amend Planned Development No. 97-005 by removing Retail Centre-2 Parcel Plat, Parcels A, B, & C, from the existing Planned Development and rezoning the properties from C-2/PD (General Commercial Planned Development) to C-2 (General Commercial). The Commission’s recommendation will go to City Council on February 25, 2020. Ms. Ballard made a motion to approve Item No. 20-2248, a request to amend Planned Development No. 97-005 by removing Retail Centre-2 Parcel Plat, Parcels A, B, & C from the existing Planned Development and rezoning the properties from C-2/PD to C-2., seconded by Mr. Nelson. The motion was amended to recommend approval to City Council and was re-seconded by Mr. Nelson. The amended motion carried by the following vote: Aye: 6 - Harris, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Still, Gorden, White and Murphy ID 20-2251 A Request for a Minor General Plan Amendment Changing the Future Land Use Map Designation from Resort Related to Resort Related Island Mr. Morris thanked the Chairman and indicated that this application is accompanied for a Lake Havasu City Page 4 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 request for rezoning of the same property. Due to General Plan and Zoning designations being interrelated, both items will be discussed but voted on separately. Louis Lopez, Fennemore Craig Law Firm Attorney, representing Shoreline Homeowners Association stated since the items were being combined, he wanted to preserve their objection and ensure they would be heard on both items. Chairman Harris clarified that the items are not being combined, just read together into the record and voted on separately. He then introdueced the second item: (ID 20-2250 A Request to Amend the Grand Island Estates Planned Development by Rezoning Parcels A and C (Lot 1) from MU-N/PD (Mixed Use Neighborhood Planned Development) to MU-G (Mixed Use General District), Removing Said Parcels from the Planned Development) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located at the western end of the Island (two properties together). • Currently vacant and undeveloped. • General Plan has general classifications for different areas of the City based on types of uses. • Zoning Designation (more detailed layer under GP). This property is Resort Related (RR). • Applicant seeking to go from Resort Related to Resort Related Island (RRI). • Differences between current and proposed uses explained. • RR = Hotel, Resort, and Commercial – No Residential. • RRI = Residential (Patio Homes, Townhomes, Condos, etc) and Services, Commercial, and Retail Uses. • Also asking to go from current Plan Development to Mixed Use General (MU-G). • Layouts of approved general plan shown. • MU-G allows commercial and multiple-family uses. • The property (11.4 acres) are a portion of The Villages, approved in 1994, last amended in 2005. • Name changed to Grand Island Estates. • Parcel layouts shown and explained in detail. • Building height approved at 70 feet for hotel, all others at 30 feet. • Commercial Hotel Unit includes Parcels A, B, and C. • Agreement from 1996 included 400 residential units max, currently at 350 units. • Owner has not provided any specific development plans to staff at this point. Mr. Nelson asked if the applicant knows that if this were to pass, that they could only build 50 units. Mr. Morris stated he does not know what the applicant is aware of at this Lake Havasu City Page 5 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 point and does not know what the applicant is proposing as no plans have been submitted. Mrs. Gary, City Attorney, stated that as far as talking about the number of units, that has to do with the development agreement and there are some specific parts of that development where the development agreement is no longer applicable. Under the development agreement there are certain points that once they have been achieved, the development agreement is no longer applicable. So, one, it is fully developed to the final person, then the development agreement is no longer applicable to that lot. Two, there is a certain element of time so if something was not developed within a certain amount of time, from the time of the development agreement at a certain point of time, the development agreement no longer exists as to that part of the development. When questioned by Chairman Harris as to which item no longer applies, Mr. Schmeling, Director of Development Services and Zoning Administrator who was present at the meeting stated the development agreement went to the City Council, did not have to come before Planning Commission. The development agreement no longer pertains to all of the parcels, just those that are owned by the final owner. For example, a lot is sold to the homeowner, the homeowner is the final owner to that property, the development agreement no longer applies. All of the areas that have been developed with homes on them, the lot to the final owner no longer applies to the development agreement. If someone purchases a lot in the development, then they are no longer subject to the restrictions to the original development agreement, not to be confused with the planned development or the HOA or any other restrictions. The development agreement is what Mr. Nelson is referring to with the restriction of number of residential units. Mr. Nelson felt, in his opinion, that the Commission should not be making a decision on this item. Jim Rohl, applicant, currently owns property since the island went through bankruptcy in 2011. Predominantly, Parcels D, E, F, H, and I were subject to very specific developments. Consequently, all owners here were able to change to single family residences and not build duplexes or patio homes. The rest of the Island is resort related to the Island. Just trying to change pieces I have to coexist with exactly what is already been changed in the Island. Original agreement was back in 1989 and it has since expired. Verbage stated that after X amount of time and there was no development, it would cease to exist. Presently doing upscale condominiums- not for sale, only for rental to 50 and above. All lots have now filled up, houses have turned out really nice. Not seeking any special codes or special heights. Trying to get rid of resort side. No plans have been submitted to the City as Commission and Council approval is needed before plans can be drawn. Lake Havasu City Page 6 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 Chairman Harris asked for clarification purposes the height between the two different zonings. Mr. Morris stated the existing zoning district height is 25 feet max under current code, proposed is 30 feet. Mr. Nelson stated this is currently still in a PD and asked when does the PD change. Mr. Morris stated the second part of the two part request is a rezone from Mixed Use Neighborhood Plan Development (MUN/PD) roughly based on this development plan to be moved straight up into Mixed Use General (MU-G) with no development plan, so whatever is allowed in the MU-G use. Mr. Nelson stated it could be a little bit irresponsible for the Commission to make a decision at this time because we would be taking a PD and just opening it up. For example, if he decided to sell the property tomorrow, the person that buys it could do all storage units, gas stations, car washes, etc. Mr. Morris and the Commission went over Permitted Uses Table 3-1 indicating what could possibly be built in an MU-G zone. Chairman Harris opened the Public Hearing. Louis Lopez, Fennemore Craig Law Firm Attorney, hired by Shoreline Homeowners Association and speaking on behalf of HOA which involves Sienna Village- directly impacted by both items 2250 and 2251. Also speaking on behalf of individuals on Monticello as part of Grand Island Estate communities. He agrees with Mr. Nelson in stating that this request is premature at this particular point in time. If the Commission makes this amendment there is no guarantee that all these other activities, which are inconsistent with what is going on on the Island, would be permissible. There is nothing that prohibits him tomorrow to sell it to a third party to put storage unit facilities. Members of Shoreline Association purchased homes based on their understanding of the development with potential commercial use. HOA adamantly opposed any change that would allow activities that Mr. Rohl would like to do. Greg Clark purchased 3 parcels plus 184 units from Mr. Rohl under representation and warranty that the development would be limited to 400 residential units. Now opening a gateway to have potential development above that 400 cap represented to Trinity Land Development and Shoreline HOA. Not aware of law or procedure that states that a development agreement somehow does not apply when each individual lot is sold. For those reasons, we ask the Board to not recommend the proposed amendment as part of 2251, which renders 2250 mute. Agnes Thiessen, lives on main Boulevard, spoke in opposition stating the Island cannot house that many more residents as she heard two football field sized condominiums are Lake Havasu City Page 7 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 being built, and the traffic is crazy. Charlie Harmon, homeowner at the Sienna Villas Grand Island Estates, stated this is the second development proposed to the community. He stated no formal plans to support or reject were provided at the meetings presented by Mr. Rohl. This led the HOA homeowners to believe he had no intention of doing what he is talking about. No answers to mitigate concerns presented in regards to people, traffic, infrastructure and impact on bridge. Notification process not handled properly. Contends that Mr. Rohl has no plans to develop. Mr. Harmon hopes Commission will table the item until proper meetings have taken place showing what Mr. Rohl intends to do with property. Greg Clarke, Trinity Land Development, recently purchased Parcel D & E in 2005 from Mr. Rohl and his partner. Assurances were made to this community that the item property would be commercial- hotels, launch ramps next to site six. Breakdown of 400 housing unit division amongst Parcels D, E, F, H, & I was provided by Mr. Clarke. Mr. Clarke stated he has never gone through bankruptcy. Mr. Clarke also asked Mr. Schmeling to clarify that everything that has been built out there has been built according to the original development agreement Mr. Schmeling stated Mr. Clark has not submitted any rezone requests; however, he has submitted several requests for zoning administrative interpretation of the regulations of different residential aspects within the development. Mr. Schmeling stated the original intent of each aspect of the residential elements all had different setbacks and styles of buildings associated with them from the early 90's. We have made several zoning interpretations along the way to modify some of those setbacks that did not change the integrity of the overall development. Short answer, is yes those have all been built within specifications of planned development as assessed by previous and current zoning administrator. Debbie Young, homeowner in Sienna Villas Estates, requested clarification that when this changes to MU-G, it could possible change where you can develop at 40 units per acre. That would increase amount of homes on Island tremendously. That is high density-not consistent with what we have at the Island. Chairman Harris affirmed this to be correct. Mike Davis, homeowner on Island, concerned of high density, fire life and safety on busy weekend. He does not want high-end rental condominiums with California crowds. Mr. Nelson asked at what point do you have to have fire service. Mr. Schmeling stated he is not purvue to the Fire Code; however, in event that this gets rezoned and something else is proposed, it will go through the traditional review, including Fire, Building, Police, and input from Engineering. If a traffic report is warranted, that will be provided and reviewed. Whelan Gates, homeowner and land owner on Island, stated currently there is a planned Lake Havasu City Page 8 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 development that is more restrictive than the zoning of this property. Not good to compare Multi Use Neighborhood to Multi Use General as this is not a multi-use neighborhood, but a planned development. If we open it to everything that is contained in the Multi-Use General zoning, it is a wide array of potential uses of that property, which he is not in support of. Chairman Harris closed the Public Hearing. Chairman Harris clarified that the Commission is considering a General Plan change- what we generally expect or want an area to develop into. You have to do a General Plan change before you can do a Zoning change. The zoning change does not require any kind of planned development. The zoning either warrants the change or it does not. It will not warrant the change if the General Plan does not speak to it. Mr. Rohl was brought back to the podium to rebuttal any comments made. He apologized and stated that Mr. Clarke did not go bankrupt in Parcels D and E, but everyone that built on his land did go bankrupt. Parcel I was dual homes and now they are single family homes. Glad all turned out well at the Island. If there was a hotel at 70 feet with 300 rooms, overlooking everybody’s home, nobody would like that either. Ice cream shop or convenient home would be nice out there. When he had the neighborhood meeting, he was told not to do any plans until this meeting for zoning change was held. Will work with Mr. Schmeling and Fire to get what people want. Mr. Rohl said he is trying to fit into Island community. Mr. Nelson suggested Mr. Rohl come back with a proposed planned development so that the Commission can make a more informed decision. Mr. Schmeling summarized stating the Planning Commission has two items in front of them. In layman’s terms, the first item is asking if it is appropriate to change the General Plan Amendment from Resort Related (which is primarily commercial) to Resort Related Island (which is primarily residential)- yes or no. Second item: do we as a community (Commission and Council) want to see the proposed property to come back to the Commission and Council for some sort of review. A straight up zoning district basically allows a long laundry list of uses, some of which may be objectionable or not objectionable. If Council approves Rezone, Mr. Rohl or any subsequent owner can develop any of those uses allowed in that table. Commission feels that based on the location, proximity to residential element, and apparent connection to the development, it would be more palatable to make a decision based on an intended use/planned development which would commit the developer to that design of his choosing. Mr. Morris stated that Staff finds that the proposed General Plan amendment meets all the Lake Havasu City Page 9 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 requirements set forth in 14.05.04.M. Based on the findings, the Development Review Committee recommends the Planning Commission recommend approval of land use action No. 20-2251, changing the Future Land Use Map within the City General Plan for the 11.4-acre parcels from Resort Related to Resort Related Island. Commission’s recommendation will go to City Council on February 25, 2020. Chairman Harris agrees with a lot of the testimony. Issues with density and traffic. Often times it is easier to obtain a zoning change that does not correspond with the General plan when you bring to the table your proposed plan. At the moment, it is an open ended zone change request and it is not appropriate for this particular location. Mr. Nelson made a motion to not approve Land Use Action 20-2251, changing the future land use designation for the 11.4-acre parcels from Resort Related to Resort Related Island. The motion was amended to recommend denial of Land Use Action 20-2251. The amended motion was seconded by Mr. Bergen. The motion carried by the following vote: Aye: 6 - Harris, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Still, Gorden, White and Murphy ID 20-2250 A Request to Amend the Grand Island Estates Planned Development by Rezoning Parcels A and C (Lot 1) from MU-N/PD (Mixed Use Neighborhood Planned Development) to MU-G (Mixed Use General District), Removing Said Parcels from the Planned Development The item was introduced with the previous item ID 20-2251. Chairman Harris opened the Public Hearing. Louis Lopez, on behalf of Shoreline HOA. Stated that he respectfully disagrees with the denial of the last request. He does not believe a zoning change is appropriate in light of the Commission's decision. He added issues to zoning request. Staff report page 2, paragraph 3 as to why Staff is ultimately recommending zoning change is the assumption that the property cannot be developed. That is somehow impractical and Mr. Rohl has represented that he does not plan to develop the propety unless the zoning changes are done. The fact that the developer chooses not to move forward with a plan even though they financially can and have the ability to do so for some whatever reason does not justify making a rezone change. Mr. Lopez also feels notice was deficient- no specificity. Mr. Lopez requested item be denied. Mrs. Gary clarified that it is necessary for the Commission to hear, decide, and make a recommendation on this item to Council. Lake Havasu City Page 10 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 Mr. Lopez respectfully disagreed as denial of the first motion and rendering this motion mute, it tells the City Council that the decision on this issue number two was contingent on decision number one. He respectfully disagreed that the Commission has to affirmatively say yes or no here and thinks that beause of the way the Commission voted on the recommendation, it creates ambiguity with respect to issue number two. Whelan Gates stated this item is more specifically the item that he disagrees with moving it to Council. Chairman Harris closed the Public Hearing. Jim Rohl, applicant clarified that he sent out certified letters on October 23rd for the meeting on November 23rd and he has the receipts for them. 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 Item No. 20-2250, amending the Grand Island Estates Planned Development by removing Parcels A and C (Lot 1) and rezoning the properties from MU-N/PD to MU-G District. Commission’s recommendation will go to City Council on February 25, 2020. Chairman Harris feels that zoning does not merit changing on its own. Mr. Nelson added that he feels it is dangerous to remove it from the zoning without a PD. Mr. Bergen made a motion to deny ID 20-2250, seconded by Ms. Ballard. The motion carried by the following vote: Aye: 6 - Harris, Hardy, Bergen, McGowan, Nelson and Ballard Absent: 4 - Still, Gorden, White and Murphy 7. CALL TO PUBLIC Whelan Gates wanted to note that Mr. Rohl was not present on the public meeting held on Mr. Rohl's behalf. Jackie Dickinson, lives at back row of Sienna Villas, stated that she did not receive the certified letters that went out. She was not notified of either meeting. Rodger Bandwits, homeowner on the Island requested a clarification on future process of this meeting. Mr. Harris stated the Commission cannot respond to any comments made during Call to the Public; however, Mrs. Gary said she would be more than happy to address this with Lake Havasu City Page 11 Printed on 4/15/2020 Planning and Zoning Commission Minutes - Final January 15, 2020 anyone who has questions after the meeting. 8. FUTURE MEETING No items have been received for February 5, 2020 and the room has been requested for February 19, 2020 so those meetings are canceled. If a special meeting needs to be held, the Commission will be notified. The next regular meeting is scheduled for March 4, 2020. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:53 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 12 Printed on 4/15/2020