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Planning and Zoning Commission

Regular Meeting

Lake Havasu City, AZ · July 1, 2020

AgendaMinutes

Minutes

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 Sam Levin, Alternate Matthew Mitchell, Alternate Minutes - Final Wednesday, July 1, 2020 9:00 AM 1. CALL TO ORDER Chairman Harris called the meeting to order at 9:00 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. 2. PLEDGE OF ALLEGIANCE Chairman Harris led the Pledge of Allegiance. 3. ROLL CALL Present: 7- Jim Harris, Lucas Still, Mychal Gorden, Donald Bergen, Dan McGowan, Chad Nelson and Suzannah Ballard Absent: 3- Matthew Mitchell, Doug Hardy and Sam Levin Alternate Member Ballard was seated. 4. MINUTES Mr. Bergen made a motion to approve the minutes of the last meeting, seconded by Mr. McGowan, and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Bergen, McGowan, Nelson and Ballard Absent: 1 - Mitchell Approval of Regular Meeting Minutes from June 3, 2020. 5. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris stated City Council reappointed Members Hardy and Ballard to the Commission, along with new Member Sam Levin, at the June 23rd meeting. 6. PUBLIC HEARING ID 20-2419 A Request for a Text Amendment to Lake Havasu City Code Title 14 Lake Havasu City Page 1 Printed on 7/24/2020 Planning and Zoning Commission Minutes - Final July 1, 2020 Zoning (Development Code), Section 14.03.03.C.17.c.iii Medical Marijuana Business, to Revise the Hours of Operation to Match Those in the Arizona Administrative Code Section R-9-17-310. Staff Presentation * Request by applicant to change 2 times in the hours of operation for the current Medical Marijuana business section of the Zoning Code. * State Administrative Code different than City Ordinance. * Current zoning code only allows between 8 a.m. and 8 p.m. * State allows 7 a.m. to 10 p.m. * Request to extend hours of operation to 10 p.m. * Staff made determination to match State hours of operation of 7 a.m. to 10 p.m. * Distribution facility can only be open between hours of 7 a.m. to 10 p.m. Mr. Bergen asked why this is not handled by City Attorney instead of Planning Commission. Mr. Morris- stated any changes to the Development Code must be heard by the Planning Commission prior to any recommendation to the City Council for a final decision. Lauren Niehause, applicant, Wellness Health & Recreation, (Harvest of Lake Havasu), participated via technological means and gave a brief presentation in regards to the benefits for the extension of hours of operation to the City. Chairman Harris opened the Public Hearing. No comments were received for the meeting. Chairman Harris closed the Public Hearing. Mr. Morris stated the Development Review Committee recommends that the Planning Commission forward a recommendation of approval of item No. 20-2419, amending Lake Havasu City Code Title 14, Zoning (Development Code), Section 14.03.03.C.17.c.iii Medical Marijuana Business, to revise hours of operation to 7:00 a.m. to 10:00 p.m., to match the Arizona Administrative Code. Mr. Still, made a motion to recommend that the City Council approve item No. 20-2419, amending Lake Havasu City Code Section 14.03.03.C.17.c.iii, to revise the hours of operation to 7:00 a.m. to 10:00 p.m. The motion was seconded by Mr. Gorden, The motion carried by the following vote: Aye: 6 - Harris, Still, Gorden, Bergen, McGowan and Ballard Nay: 1 - Nelson Absent: 1 - Mitchell 7. CALL TO PUBLIC None. Lake Havasu City Page 2 Printed on 7/24/2020 Planning and Zoning Commission Minutes - Final July 1, 2020 8. FUTURE MEETING Due to room availability, the regular meeting for July 15, 2020 has been rescheduled as a Special meeting for July 22, 2020. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:15 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria LaFrano, Recording Secretary Lake Havasu City Page 3 Printed on 7/24/2020

Agenda

Jim Harris, Chairman Lake Havasu City Mychal Gorden, Vice-Chairman Police Facility Don Bergen 2360 McCulloch Blvd North Doug Hardy Lake Havasu City, Arizona 86403 Dan McGowan www.lhcaz.gov Chad Nelson Lucas Still Suzannah Ballard, Alternate Matthew Mitchell, Alternate Planning and Zoning Commission Regular Meeting Agenda Wednesday, July 1, 2020 9:00 AM 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. Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities, and services to all persons with disabilities in accordance with the Americans with Disabilities Act. If you need an accommodation for a meeting, please contact the City Clerk's Office at 453-4142 at least 24 hours prior to the meeting so that an accommodation can be arranged. The Board [Commission] may vote to hold an executive session for the purpose of obtaining legal advice from the Board’s [Commission's] attorney on any matter listed on the agenda under A.R.S. § 38-431.03(A)(3). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE Page 1 Printed on 6/24/2020 Planning and Zoning Commission Regular Meeting Agenda - Final July 1, 2020 3. ROLL CALL 4. MINUTES Approval of Regular Meeting Minutes from June 3, 2020. 5. CORRESPONDENCE AND ANNOUNCEMENTS 6. PUBLIC HEARING ID 20-2419 A Request for a Text Amendment to Lake Havasu City Code Title 14 Zoning (Development Code), Section 14.03.03.C.17.c.iii Medical Marijuana Business, to Revise the Hours of Operation to Match Those in the Arizona Administrative Code Section R-9-17-310. Attachments: Harvest Letter of Request City Code Section 14.03.03C 17c iii AZ Admin Code R9-17-310 7. CALL TO PUBLIC 8. FUTURE MEETING The Regular meeting scheduled for July 15, 2020 has been canceled. A Special meeting will be held on July 22, 2020. 9. ADJOURNMENT Page 2 Printed on 6/24/2020

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