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 Sam Levin, Alternate Matthew Mitchell, Alternate Minutes - Final Wednesday, January 20, 2021 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: 7- Jim Harris, Mychal Gorden, Doug Hardy, Dan McGowan, Chad Nelson, Suzannah Ballard and Matthew Mitchell Absent: 3- Lucas Still, Donald Bergen and Sam Levin Alternate members Ballard and Mitchell were seated. 4. MINUTES Mr. McGowan made a motion to approve the minutes of the last two meetings. The motion was seconded by Mr. Hardy and carried by the following unanimous vote: Aye: 7 - Harris, Gorden, Hardy, McGowan, Nelson, Ballard and Mitchell Absent: 2 - Bergen and Levin Approval of Regular Meeting Minutes from November 18, 2020 and December 16, 2020. 5. CORRESPONDENCE AND ANNOUNCEMENTS None. 6. PUBLIC HEARING ID 21-2655 A Request for a Preliminary Condominium Subdivision Plat for 2711 McCulloch Boulevard N, Tract 121, Block 6, Lot 13A, Creating a Two-Unit Residential Condominium Subdivision in the Limited Multiple-Family District (R-3) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property is located on McCulloch Blvd., uphill from Bluewater Dr. Lake Havasu City Page 1 Printed on 3/29/2021 Planning and Zoning Commission Minutes - Final January 20, 2021 • Currently, a duplex unit, asking to be subdivided into a condominium for two units. • Zoned R-3 (Multiple- Family). • Abutting properties in area also zoned R-3. • Only comment received was from Fire Dept: Fire sprinklers required in each unit, if none already installed. Applicant present; however, declined invitation to comment. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of land use action ID #21-2655, a Preliminary Condominium Subdivision Plat for 2711 McCulloch Blvd N, Tract 121, Block 6, Lot 13A, creating a two-unit residential condominium subdivision in the R-3 (Limited Multiple-Family) District, with the following condition: 1. The fire sprinkler system may need to be separated, and will require a permit through the Fire Department. Mr. McGowan, made a motion to approve land use action ID #21-2655, a Preliminary Condominium Subdivision Plat for 2711 McCulloch Boulevard N, Tract 121, Block 6, Lot 13A, creating a two unit residential condominium subdivision in the Limited Multiple-Family District (R-3), with the following condition: 1. The fire sprinkler system may need to be separated, and will require a permit through the Fire Department. The motion was seconded by Mr. Nelson and carried with the following vote: Aye: 7 - Harris, Gorden, Hardy, McGowan, Nelson, Ballard and Mitchell Absent: 1 - Bergen ID 21-2657 A Request for a Preliminary Commercial Condominium Subdivision Plat for Fly Hi II Storage Condominiums, for 6550 Showplace Avenue, Tract 2395, Block 1, Lot 11, Creating 19 Commercial Storage Units in Three Buildings in the General Commercial/Planned Development District (C-2/PD). Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property at corner of London Bridge Rd. and Showplace Ave. • Expansion of existing Fly High Storage Condominiums to the south. • Zoned C-2/PD. • 19 units within the three buildings. • Main access off of Showplace Ave, also connection internally to Phase 1 of project. Lake Havasu City Page 2 Printed on 3/29/2021 Planning and Zoning Commission Minutes - Final January 20, 2021 Applicant present; however, no questions were asked of him. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of a Preliminary Commercial Condominium Subdivision Plat for Fly Hi II Storage Condominiums, for 6550 Showplace Ave, Tract 2395, Block 1, Lot 11, creating 19 commercial storage units in three buildings in the C-2/PD (General Commercial/Planned Development) District. Member McGowan made a motion to approve land use action ID #21-2657, a Preliminary Commercial Condominium Subdivision Plat for Fly Hi II Storage Condominiums, for 6550 Showplace Ave, Tract 2395, Block 1, Lot 11, creating 19 commercial storage units in three buildings in the General Commercial/Planned Development District (C- 2/PD). The motion was seconded by Ms. Ballard, and carried by the following vote: Aye: 7 - Harris, Gorden, Hardy, McGowan, Nelson, Ballard and Mitchell ID 21-2656 A Request for a Preliminary Condominium Subdivision Plat for La Fortuna Townhomes, 2015 & 2025 Moyo Drive, Tract 100, Block 1, Lots 1 & 2, Creating a Nine-Unit Residential Townhome Condominium Subdivision in the Residential Commercial and Health District (R-CHD). Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property north of downtown area, corner of Moyo Dr. and Injo Dr. • Surrounding properties all Multi-Family or Residential Single-Family. • Zoned R-1 to north, all abutting properties R-CHD, Residential Commercial and Health District. • Condominium Plat calls out 9 multi-story units. • Main access off of Moyo Drive. • Residential garages bottom floor with living area above. • No objections received from citizens. • Unisource Energy Services made comment to assure Easements for all properties, which will be addressed during final plat process. When questioned by Mr. Mitchell if sprinklers will be required in the units, Mr. Morris stated fire sprinklers will be required by the Fire Department during permitting process. Applicant present available for questions; however, there were none. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Lake Havasu City Page 3 Printed on 3/29/2021 Planning and Zoning Commission Minutes - Final January 20, 2021 Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of a Preliminary Condominium Subdivision Plat for La Fortuna Townhomes, for 2015 & 2025 Moyo Dr, Tract 100, Block 1, Lots 1 & 2, creating a nine-unit residential townhome condominium subdivision in the R-CHD (Residential Commercial and Health) District, with the following condition: 1. Unisource Energy Services comments shall be addressed prior to the recording of the final plat. Mr. McGowan made a motion to approve land use action ID #21-2656, a Preliminary Condominium Subdivision Plat for La Fortuna Townhomes, for 2015 & 2025 Moyo Dr, Tract 100, Block 1, Lots 1 & 2, creating a nine-unit residential townhome condominium subdivision in the Residential Commercial and Health District (R-CHD), with the following condition: 1. Unisource Energy Services comments shall be addressed prior to the recording of the final plat. The motion was seconded by Mr. Gorden and carried by the following vote: Aye: 7 - Harris, Gorden, Hardy, McGowan, Nelson, Ballard and Mitchell ID 21-2660 Request for a Conditional Use Permit for 950 Lake Havasu Avenue N, Tract 2307, Block 2, Lot 1, to Allow Two Outdoor Smokers Fronting Lake Havasu Avenue N. for Rusty’s Restaurant in the Light Industrial District (LI) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property located at intersection of Lake Havasu Ave. and Kiowa Blvd. N. • Commercial development on surrounding properties. • Background info provided on property. • Currently houses two businesses- Rusty’s restaurant and a pool supply business. • Applicant began erecting a new screening fence in anticipation of installing two outdoor smokers to be used as part of the restaurant use. • Current improvements were ceased until Planning Commission meeting was held, for approval of a Conditional Use. • Two electric pellet smokers to be used. • Hours of operations may vary depending on need. • Staff does not foresee smokers being an issue in area. • Smoker location is a 9X32'portion of property. • Fencing to be 13' from curb. • Typically, a 10-foot landscape buffer adjacent to right-of-way is required. • No landscape being proposed. • Proposed metal fencing shows metal tubing with corrugated fencing material. Lake Havasu City Page 4 Printed on 3/29/2021 Planning and Zoning Commission Minutes - Final January 20, 2021 • Staff has no issues with smokers; however have the following issues: • Screening materials- wood, masonry stone, etc that would screen outdoor use. • Location of screening with no buffer • Recommending approval; however, asking for a 10-foot landscape buffer and screening to meet the code. Chairman Harris asked if Food City has a current conditional use for an outdoor smoker. Mr. Morris affirmed and stated they were approved for a conditional use several years ago. Mr. Nelson stated he did not recall any additional screening or landscape buffer required at Food City so why would we require it now. Mr. Morris said Food City is not the same situation, as the location of the smoker being between the parking lot and entrance is well removed from the perimeter of the property that would require the landscaping strip along the right-of-way. They did require safety measures in place; however, it did not require any additional screenings. Screening materials for this conditional use were discussed. Smokers will be fully screened from Lake Havasu Ave. N. and wash in rear. Mr. McGowan asked if the smoker will take out parking spots. Mr. Morris stated site plan does not show any parking spots being removed for this project. Mr. Mitchell asked if there were any issues raised by the pool supply store. Mr. Morris deferred the response to the applicant. Tim Guelecki, applicant, stated there used to be a fence where current smokers will be going, but it was removed by the previous owners. He understands they are encroaching in on the 10-foot landscape area, rest of parking lot is encroaching in that area too. Not giving up any parking spaces with the smoker addition. Chairman Harris asked the applicant if he has any objections to Staff's recommendations. Mr. Guelecki stated he did not. Only question is fencing, as he thought corrugated steel would be a more secure area. Trying to stay away from chain link and/or wood. Only issue is landscaping and type of material for fencing. Mr. Guelecki agreed to the tree and shrub requirements. When questioned by Mr. Mitchell, Mr. Guelecki stated he has not heard anything from the adjacent pool company. Applicant has received approval from owner. Ms. Ballard asked if ground for smoker is included to the lease, applicant affirmed. Lake Havasu City Page 5 Printed on 3/29/2021 Planning and Zoning Commission Minutes - Final January 20, 2021 Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of a Conditional Use Permit for 950 Lake Havasu Ave N, Tract 2307, Block 2, Lot 1, to allow two outdoor smokers fronting Lake Havasu Ave N. for Rusty’s Restaurant in the LI (Light Industrial) District, with the following conditions: 1. The smoker area shall be screened with a six-foot tall fence constructed of wood, masonry, brick, stone, or chain link with slats; 2. Since the entire site is under landscaped, a minimum 10-foot landscaped buffer shall be provided, entirely on the subject property, along Lake Havasu Avenue N. abutting the proposed screen fence, with at least one 24” box tree and two 5-gallon shrubs to address the overall landscape shortage and to minimize the visual impact along Lake Havasu Avenue; 3. Applicant shall provide a minimum 2A10BC fire extinguisher for this area; and 4. All appropriate Health Department and Building Permits shall be obtained prior to use. Mr. Nelson made a motion to approve ID 21-2660, with Staff recommendations, modifying recommendations 1 and 2 to: 1. Approval with applicant’s screening material (metal is sufficient); 2. Eliminate 10-foot landscaping buffer, but include a box tree and two shrubs in the existing space; 3. Applicant shall provide a minimum 2A10BC fire extinguisher for this area; and 4. All appropriate Health Department and Building Permits shall be obtained prior to use. The motion was seconded by Ms. Ballard, and carried by the following vote: Aye: 7 - Harris, Gorden, Hardy, McGowan, Nelson, Ballard and Mitchell ID 21-2649 Request for a Text Amendment to Title 14, Zoning (Development Code) to Modify Section 14.04.09 B2, Operating Standards, Noise to Reference Possible Changes to the City’s Noise Ordinance in Chapter 9.30 of the City Code Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • City staff is preparing changes to City Code Chapter 9.30, entitled “Noise,” to be considered by the City Council in February 2021. • Currently, “Noise” is enforced in two sections- Development Code, Section 14.04.09 B2 and Section 9.30 of the City Code. • 14.04.09 B2. NOISE –shall read: • All activities shall comply with Section 9.30 of the City Code and shall be Lake Havasu City Page 6 Printed on 3/29/2021 Planning and Zoning Commission Minutes - Final January 20, 2021 conducted so as to avoid the creation of any noise that would create a public nuisance. • City Code Chapter 9.30 changes include adding definitions for amplified sound reproduction device, “C”, band level regulations, and other changes. These changes will be reviewed at City Council meetings. • Minor changes to Development Code, Section 14.04.09 B2 “Noise” are recommended to ensure noise regulation is consistent and contained in Chapter 9.30 to avoid confusion. • Change to Noise ordinance in the Development Code requires a recommendation from Planning Commission be forwarded to City Council. Chairman Harris asked what generated this change. Mr. Morris stated he believes it is complaint driven. Mrs. Garry stated the City is looking at some options for dealing with short term rentals as we are getting a lot of noise complaints from properties adjacent to them. This began some changes to the Noise section which is 9.30. The City then looked at the whole code for any other sections that contained the Noise code. Having codes in two different sections causes enforcement issues. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends land use action No. 21-2649, a Text Amendment to Title 14, Zoning (Development Code) to modify Section 14.04.09 B2, Operating Standards, Noise to reference possible changes to the City’s Noise Ordinance in Chapter 9.30 of the City Code, be forwarded to the City Council for approval. Mr. Nelson asked why the necessary change to remove the section from the Development Code. Mr. Morris stated the City is removing the section from the Development Code so that noise is strictly enforced from the Noise section in the City Code, Section 9.30, as opposed to being scattered around in different sections of the Code. The Noise ordinance is not going away, it will just be enforced and updated in one section, which will be Section 9.30. Mr. McGowan made a motion to recommend approval to the City Council of item No. 21-2649, a Text Amendment to Title 14, Zoning (Development Code) to modify Section 14.04.09 B2, Operating Standards, Noise to reference possible changes to the City’s Noise Ordinance in Chapter 9.30 of the City Code. The motion was seconded by Mr. Hardy and carried by the following vote: Aye: 6 - Harris, Gorden, Hardy, McGowan, Ballard and Mitchell Nay: 1 - Nelson Lake Havasu City Page 7 Printed on 3/29/2021 Planning and Zoning Commission Minutes - Final January 20, 2021 7. CALL TO PUBLIC None. 8. FUTURE MEETING The meeting scheduled for Feb 3, 2021 has been canceled. The next regular scheduled meeting is February 17, 2021. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:57 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 8 Printed on 3/29/2021