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 Matthew Mitchell, Alternate Minutes - Final Wednesday, June 3, 2020 9:00 AM 1. CALL TO ORDER Vice Chairman Gorden called the meeting to order at 9:10 a.m. Due to the COVID-19 pandemic, public attendance is suspended and the Planning and Zoning meeting is being held through technological means. Public participation is encouraged through several options, including viewing the meeting on Channel 4, live stream on the City’s website, or by calling-in to listen by telephone. PUBLIC PARTICIPATION IN THE MEETING 1. Members of the public can attend in-person or watch or listen to the meeting live via the following options: A. View the meeting live on Channel 4 B. View the live stream at https://lakehavasucity.legistar.com/Calendar.aspx (i) Click on "Calendar" Tab (ii) Look for Planning and Zoning meeting (you may have to select it from the dropdown list) and select the meeting date (iii) Click the "In Progress" link in the column titled Video C. View the meeting live at lhcaz.gov/tv 2. Members of the public can submit written comments for the Call to the Public and Public Hearing items by emailing the City Clerk at cityclerk@lhcaz.gov (Comments must be received at least one (1) hour prior to the posted start time for the meeting. Comments may or may not be read. Please be sure to include your name and address for the record as well as the meeting date (and Agenda Item #, if applicable) in the subject of your email.) Notice is hereby given pursuant to A.R.S. § 38.431.02 that members of the Planning and Zoning Commission may attend by audio/video conference. 2. PLEDGE OF ALLEGIANCE Vice Chairman Gorden led the Pledge of Allegiance. 3. ROLL CALL Lake Havasu City Page 1 Printed on 7/1/2020 Planning and Zoning Commission Minutes - Final June 3, 2020 Present: 7- Lucas Still, Mychal Gorden, Doug Hardy, Donald Bergen, Dan McGowan, Suzannah Ballard and Matthew Mitchell Absent: 2- Jim Harris and Chad Nelson Alternate Members Ballard and Mitchell were seated. 4. MINUTES Mr. McGowan made a motion to approved the minutes of the last meeting, seconded by Mr. Bergen. The motion carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Bergen, McGowan, Ballard and Mitchell Absent: 2 - Harris and Nelson Approval of Regular Meeting Minutes from May 20, 2020. 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris introduced new Alternate Member Matthew Mitchell. The Commission still has another Alternate Member opening and Mr. Morris said applications may be submitted to the City Clerk. Census 2020 is still happening and the public is encouraged to participate and to help spread the word. 6. PUBLIC HEARING ID 20-2378 A Request for an Extension of Time of the Preliminary Plat Approval for Window Rock Subdivision, Tract 2404. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Request for extension of time for approved subdivision. • Property located north of Window Rock Road on east side of town. • Currently zoned R1, annexed to City four-five years ago. • 58 acres, 102 lots. • Preliminary plat approval in April of 2018, good for two years. • No proposed changes to original conditions of approval. The applicant was present; however, had no additional information to provide. Vice Chairman Gorden opened the Public hearing. Hearing none, he closed the Public Hearing. Mr. Morris stated that Staff has received no objections from any reviewing parties to extend the preliminary plat approval. Based on the findings, the Development Review Lake Havasu City Page 2 Printed on 7/1/2020 Planning and Zoning Commission Minutes - Final June 3, 2020 Committee recommends that land use action ID #20-2378, a request for an extension of time of the Preliminary Plat approval for Window Rock Subdivision, Tract 2404, be approved for a period of two years, with the following conditions from the original approval: 1. Street names shall be added to the plat for City staff review and approval. 2. A Title Report shall be provided and reviewed by City staff. 3. Parcels A and C, if necessary, shall be dedicated on the plat to Lake Havasu City. 4. A maintenance agreement for Parcels A and C shall be reviewed and approved by City staff. 5. All homes will require fire sprinklers. 6. Fire flows shall be identified and any necessary restrictions shall be determined. 7. Sewer and Water Master Plans shall be reviewed and approved by City staff. 8. A 10-foot PUE along the western border instead of the proposed 8-foot, including Lots 1-4 of Block 3 and Lots 1-8 of Block 4, shall be provided. 9. Proposed easements shall be reviewed to determine if they are adequate to handle water and sewer utilities. Mr. McGowan asked how long the extension period will be, to which Mr. Morris answered two years. Mr. Bergen asked if the applicant was aware of the conditions. Mr. Morris stated the applicant received these conditions as part of the original approval and on the staff report. Mr. Still made a motion to approve land use action ID #20-2378, a request for an extension of time of the Preliminary Plat Approval for Window Rock Subdivision, Tract 2404, for a period of two years, with conditions 1-9 from the original approval, seconded by Mr. McGowan. The motion carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Bergen, McGowan, Ballard and Mitchell Absent: 2 - Harris and Nelson ID 20-2398 A Re-evaluation of the Approval of Conditional Use Permit 17-00300002 to Allow an Animal Care and Boarding Facility in the C-2/PD (General Commercial Planned Development District) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject is Western Arizona Humane Society (WAHS) on Sweetwater Ave, formerly BLM building. • Property located south side of HWY 95 off of South Acoma and Regency Dr. • Zoning for property is C-2/PD. • Original approval in 2016 had a condition placed for Conditional Use to be re-evaluated one year after occupancy. Lake Havasu City Page 3 Printed on 7/1/2020 Planning and Zoning Commission Minutes - Final June 3, 2020 • CO was issued in May of 2019. • Staff has received no reports or Code Enforcement complaints this past year. The applicant was present; however, had no additional information to provide. Vice Chairman Gorden opened the Public hearing. Hearing none, he closed the Public Hearing. Mr. Morris stated Staff has received no Code Enforcement complaints against the property since it has been operating as an animal care and boarding facility. Based on the findings, the Development Review Committee recommends that Conditional Use Permit 17-00300002, for an animal care and boarding facility use, be allowed to continue as conditioned in Planning Commission Resolution No. 17-1 with no additional re-evaluation required. Mr Still moved that Conditional Use Permit 17-00300002, for an animal care and boarding facility use, be allowed to continue as conditioned in Planning Commission Resolution No. 17-1 with no additional re-evaluation required, seconded by Mr. Hardy. The motion carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Bergen, McGowan, Ballard and Mitchell Absent: 2 - Harris and Nelson ID 20-2395 A Request to Rezone 386 & 390 Lake Havasu Ave N; Tract 2252, Block 2, Lots 6 & 7, from MU-N/PD (Mixed Use - Neighborhood/Planned Development District) to R-M (Multiple-Family Residential District) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject is located south east corner of Lake Havasu Avenue and Sabino Drive. • Currently zoned Mixed Use Neighborhood/Planned Development (MU/PD). • Abutting property to north across Sabino Drive and across Lake Havasu Ave. is Residential Multi-Family (R-M), Residential Single Family (RSF) in the rear (east), and MU/PD to the south. • History of original development provided. • January of 2008, Lots 3-7 rezoned to Commercial Residential/Planned Development. • In 2016, Commercial Residential designation was changed to Mixed Use Neighborhood. • In 2008, Lots 6&7 were vacant - not part of the approved Planned Development • In 2012 a 57-Unit Hotel PD was approved for Lots 6&7. • Owner is requesting the planned development for Lots 6&7 only be removed and the properties go back to original zoning of R-M. Lake Havasu City Page 4 Printed on 7/1/2020 Planning and Zoning Commission Minutes - Final June 3, 2020 Mr. Still asked what the General Plan calls for, to which Mr. Morris stated the designation is Commercial Mixed Use. The applicant was present; however, had no additional information to provide. Vice Chairman Gorden opened the Public Hearing. John Campbell, 394 Sabino Drive, stated he went through this exercise a few years ago. Main concern was traffic hazards off of Sabino. Understanding from previous meeting was concluded that there would be no access off Sabino. Vice Chairman Gorden asked Staff for clarification stating a condition was placed with Planned Development that hotel access would not be allowed through Sabino. If this action is successful, the PD will be removed and just revert to multi-family zoning. Mr. Morris affirmed and stated traffic access/management or development plans for any future multi-family project would be reviewed by the appropriate department. Michael Johnson, 406 Sabino Drive, does not want access off of Sabino as this will block his exit. Vice Chairman Gorden closed the Public Hearing. Mr. Morris stated Staff finds that the request meets all the requirements set forth in Section 14.05.04(K)(6) of the Lake Havasu City Development Code. Based on the findings, the Development Review Committee recommends approval to rezone the property located at 386 & 390 Lake Havasu Ave N; Tract 2252, Block 2, Lots 6 & 7, from MU-N/PD to R-M. P&Z Commission's recommendation will go to City Council’s July 14, 2020 meeting. Mr. Still pointed out that this request is to get rid of what would have been a commercial potentially zoned property where they could have had a hotel. Now it is going back to the same zoning that is around on both sides of the streets. Whether or not the access comes out of Sabino Drive does not have anything to do with this meeting. Traffic impact will be addressed by Staff at the appropriate time when a project is proposed. Mr. Bergen made a motion [to forward a recommendation of approval to the City Council for land use action No. 20-2395 to rezone the property located at 386 & 390 Lake Havasu Ave N; Tract 2252, Block 2, Lots 6 & 7, from MU-N/PD to R- M.], seconded by Mr. Hardy. The motion carried by the following vote: Aye: 7 - Still, Gorden, Hardy, Bergen, McGowan, Ballard and Mitchell Lake Havasu City Page 5 Printed on 7/1/2020 Planning and Zoning Commission Minutes - Final June 3, 2020 Absent: 2 - Harris and Nelson 7. CALL TO PUBLIC None. 8. FUTURE MEETING The meeting for June 17, 2020 has been canceled, as no items were received. The next Regular meeting is scheduled for July 1, 2020. 9. ADJOURNMENT Vice Chairman Gorden adjourned the meeting at 9:37 a.m. _________________________________________ Mychal Gorden, Vice Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 6 Printed on 7/1/2020