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, March 17, 2021 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: 8- Jim Harris, Mychal Gorden, Donald Bergen, Dan McGowan, Chad Nelson, Suzannah Ballard, Matthew Mitchell and Sam Levin Absent: 2- Lucas Still and Doug Hardy Alternate members Ballard and Mitchell were seated. 4. MINUTES Mr. McGowan made a motion to approve the minutes of the last meeting, seconded by Mychal Gorden and carried on a unanimous vote. Aye: 7 - Harris, Gorden, Bergen, McGowan, Nelson, Ballard and Mitchell Absent: 2 - Still and Hardy Abstain: 1 - Levin Approval of Regular Meeting Minutes from January 20, 2021. 5. CORRESPONDENCE AND ANNOUNCEMENTS None. 6. PUBLIC HEARING ID 21-2735 A Request for a Zone Change to Amend the Zoning Classification and District Boundary of PD 07-00200007 Removing and Rezoning Tract 2395, Lots 4 and 5, from C-2/PD (General Commercial/Planned Development District) to C-2 (General Commercial District), and Lake Havasu City Page 1 Printed on 4/21/2021 Planning and Zoning Commission Minutes - Final March 17, 2021 Removing and Rezoning Tract 2395, Lots 7, 8, 9, and 10, from C-2/PD to a New C-2/PD, Prohibiting Storage Units as a Permitted Use. Mr. Gorden recused himself from all three items due to a conflict of interest. Alternate member Levin was seated. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Request is to remove the rest of the lots that were part of an original planned development from 2007. • Property across from airport. • Four lots front on HWY 95 and back to Showplace Ave; two lots front on Showplace Ave and back to London Bridge Rd. • Original and anticipated uses and development plan shown on screen. • Lots 4 and 5 originally set up as car dealership; request to rezone to new C-2. • Lot 6 originally car dealership; Lots 11 & 12 originally restaurant and retail use. • In 2017 Lots 6, 11 & 12 approved to be storage units, currently developed as such. • Lots 7-10 originally set up for car dealership. • Request for Lots 7-10 be removed from PD and converted to new C-2/PD except storage units. • Current PD allows exception of height up to 36 feet. Under proposed C-2 and C-2/PD only allowed to 25 feet (existing C-2 standards). • Only exception under proposed C-2/PD is to prohibit storage units. • Staff suggested Commission review C-2 uses to determine potential negative impact on northern gateway into the City and add them to list of prohibited uses. Chairman Harris asked origin of request. Mr. Morris stated the applicant requested the zone change; presume it is to get out of the underlying PD, as it is very restrictive in what is allowed on those lots. Chairman Harris asked why reducing height down to 25 feet, as it is very difficult to build at 25feet, especially at this location. He would rather leave 36-foot in place. Mr. Morris stated the current approved plan allows a height up to 36-feet; however, the underlying C-2 allows 25 feet. Mr. Nelson feels the Commission was misled into approval of last storage complex with a promise of an attractive façade towards the north gateway to the City. Agrees with Chairman Harris in allowing the height range exception for an attractive facade. Mychal Gorden, Desert Land Group, applicant stated all subject properties belong to the same owner who is looking for flexibility to sell the properties. Current PD is very restrictive with the conditions that have been placed upon them and with the approved site Lake Havasu City Page 2 Printed on 4/21/2021 Planning and Zoning Commission Minutes - Final March 17, 2021 plan. Two requests are to remove PD altogether on Parcels 4 and 5 and to leave the PD in place on Parcels 7-10 along the highway, opening up all C-2 uses with the exception of storage. Mr. Gorden stated the applicant would be open to leaving 36-foot height on front properties along the highway. Condition in original ordinance about buildings facing highway shall have architectural character that avoids large unadorned facades and monotonous repetition of unrelated or inappropriate detail. Design review will go before Staff. Mrs. Garry, City Attorney, stated if applicant is interested in amending the request for Lots 4 and 5, the item will need to be tabled and advertised for a future meeting. 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 zone change to amend the zoning classification and district boundary of PD 07-00200007 removing and rezoning Tract 2395, Lots 4 and 5, from C-2/PD to C-2, and removing and rezoning Tract 2395, Lots 7, 8, 9, and 10, from C-2/PD to a new C-2/PD, prohibiting storage units as a permitted use. Item will go to the City Council on 4-27-2021. After the motion, the Commission had a lengthy discussion regarding the need to preserve the architectural characteristics and appearance of the buildings at the entrance into Lake Havasu City. Mr. Gorden stated he understands Mr. Nelson’s concern; however, the issue is more of a design review and not zoning. Mr. Gorden restated the requests being proposed. No issue with enhanced requirements. Mr. Morris stated the development code, updated in 2016, has language that covers the architectural facade and will be reviewed under design review. Mrs. Garry stated that as to Lots 4 and 5, under current application, the Commission could place no conditions; all C-2 uses would be allowed. Lots 4 and 5 would have to go through a PD process to place conditions to apply those exceptions to that district. When questioned if a part of this request could be approved; i.e. Lots 7-10 and table Lots 4 and 5, Mrs. Garry stated that is a possibility; however, there is a motion and a second on the table. Mr. Schmeling, Development Services Director, stated that if any Commission members have concern as to how design review is performed, you have the ability to ask Staff to look at the code and amend that section of the code to be more restrictive or to allow or Lake Havasu City Page 3 Printed on 4/21/2021 Planning and Zoning Commission Minutes - Final March 17, 2021 disallow certain materials. With regards to the request as it is being proposed, the Commission can separate the two because of the way they were advertised. If it is the mover’s intent to limit Lot 4 and 5 to stay within the current PD and the uses allowed there to maintain the integrity of the original PD, the Commission can leave those two lots out and stay under current restrictions. You cannot add or make changes with the height without having it readvertised. Mr. Levin made a motion to approve [recommend approval of a zone change to amend the zoning classification and district boundary of PD 07-00200007 removing and rezoning Tract 2395, Lots 4 and 5, from General Commercial/Planned Development District (C-2/PD) to General Commercial District (C-2), and removing and rezoning Tract 2395, Lots 7, 8, 9, and 10, from C-2/PD to a new C-2/PD, prohibiting storage units as a permitted use] with Staff recommendations. The motion was seconded by Ms. Ballard and carried by the following roll call vote: Aye: 6 - Harris, Bergen, McGowan, Ballard, Mitchell and Levin Nay: 1 - Nelson ID 21-2733 A Request for a Minor General Plan Amendment Changing the Future Land Use Map Designation for 700 London Bridge Road, Located at the Southeast Corner of London Bridge Road and Industrial Boulevard, from Resort-Related to Commercial Mixed-Use. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property is 12 acres, recently purchased from State Land at a public auction. • Corner of Industrial and London Bridge Rd., across from Lake Havasu State Park launch area and Campbell Cove. • Site slopes down 25 feet from Industrial towards London Bridge Rd. • Back to back items-General Plan and Rezone. • Current land use designation is Resort Related, asking for Commercial Mixed Use. • Resort Related primary uses include retail, service, commercial, boat rentals/sales/repair, hotels, motels and restaurants. • Resort Related only allows commercial uses and prohibits RV and manufactured home parks. It does not allow residential units. • Commercial Mixed Use allows both residential and commercial uses, with no more than 20 percent of a commercial center devoted to residential uses. • Primary uses for Commercial Mixed Use allow: Retail shopping and services, health facilities, nightclubs, studios, artisan shops, grocery/retail stores, restaurants, banks, medical office/hospital/clinics, veterinary clinics, parking facilities, storage facilities, and personal services. • Secondary uses include high-density residential and accessory structures. Lake Havasu City Page 4 Printed on 4/21/2021 Planning and Zoning Commission Minutes - Final March 17, 2021 • Existing and proposed General Plan designations are about the same, but the proposed Commercial Mixed-Use allows residential uses. Chairman Harris asked what are the height limitations for the two zoning districts. Mr. Morris stated the Zoning districts will be addressed at next item. Under next item (Rezone), current zoning district is Agricultural Preservation which allows up to 40 feet in height; Mixed Use General allows up to 30 feet in height. Ms. Ballard asked for clarification as Resort Related does not permit storage units but the Mixed Use does. Mr. Morris stated the Resort Related allows a range of potential zonings. The zonings then determine which uses are allowed. In this case the Resort Related allows commercial and service type uses. Mychal Gorden, applicant, Desert Land Group, representing the owner stated the first item is to change the General Plan and the major reason is to allow potential residential use within this area. The 12 acres was purchased at auction. Intent is to get zoning in place, potential development and potential sales of portion of property. The vision for this property is to create a mixed use node on that corner. Potential uses considered are additional marine related retail and service uses that go along with Campbell Cove and to support Lake Havasu State Park. Great location for a Hotel. Potential residential on top of commercial retail or on top of some sort of industrial shop service. No real details or development plan yet. After rezone, subdivision or commercial subdivision will be looked at. General plan change allows rezoning. 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 No. 21-2733, changing the Future Land Use Map Designation for 700 London Bridge Road, located at the southeast corner of London Bridge Road and Industrial Boulevard, from Resort-Related to Commercial Mixed-Use. Item will go to the City Council on 4-27-2021. Ms. Ballard made a motion to approve [recommend approval of land use action No. 21-2733, changing the Future Land Use Map Designation for 700 London Bridge Road, located at the southeast corner of London Bridge Road and Industrial Boulevard, from Resort-Related to Commercial Mixed-Use]. The motion was seconded by Mr. Nelson and carried by the following roll call vote: Aye: 7 - Harris, Bergen, McGowan, Nelson, Ballard, Mitchell and Levin ID 21-2734 A Request for a Zone Change for 700 London Bridge Road, Located at the Southeast Corner of London Bridge Road and Industrial Boulevard, from A-P (Agriculture/ Preservation District) to MU-G (Mixed Use-General Lake Havasu City Page 5 Printed on 4/21/2021 Planning and Zoning Commission Minutes - Final March 17, 2021 District) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Same property as previous item. • Property recently purchased from State Land at a public auction; 12 acres. • Corner of Industrial and London Bridge Rd., across from Lake Havasu State Park launch area and Campbell Cove. • Site slopes down 25 feet from Industrial towards London Bridge Rd. • Current zoning Agricultural Preserve (AP) • Request to rezone to Mixed Use General (MU-G). • Specific plan development not discussed with Staff yet. • Current General Plan land use designation, Resort Related, only allows commercial uses. The General Plan recommended approval to Commercial Mixed Use supports this request for rezone to Mixed Use General (MU-G). • MU-G allows a range of commercial uses, also allows multi-family uses, such as apartments and condominiums. Mychal Gorden, Desert Land Group, stated he did a recap previously and Mr. Morris did a good job of explaining the zoning that the applicant is asking for. There were no further questions asked of him. Chairman Harris opened the Public Hearing. An email opposing the rezone, submitted by Ginny Schaufel on March 1, 2021 to the City Clerk, was read into the record. Chairman Harris closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of Item No. 21-2734, a zone change for 700 London Bridge Road, located at the southeast corner of London Bridge Road and Industrial Boulevard, from A-P (Agriculture/Preservation District) to MU-G (Mixed Use-General District). Item will go to the City Council on 4-27-2021. Mr. Nelson addressed Ms. Schaufel's comments stating construction timeline is hard to meet. In a lot of cases developers and builders are having a hard time with materials. Desert Land Group is not the owner of property, just helping them to go through process. Mr. Nelson stated that, in his opinion, this is a phenomenal zone change that would allow some type of residential structures. The City is trying to dress up the parks and beautifying the open space we have. This is private property not City property. Lake Havasu City Page 6 Printed on 4/21/2021 Planning and Zoning Commission Minutes - Final March 17, 2021 Ms. Ballard made a motion to approve [recommend approval of Item No. 21-2734, a zone change for 700 London Bridge Road, located at the southeast corner of London Bridge Road and Industrial Boulevard, from Agriculture/Preservation District (A-P) to Mixed Use-General District (MU-G)]. The motion was seconded by Mr. McGowan and carried by the following roll call vote: Aye: 7 - Harris, Bergen, McGowan, Nelson, Ballard, Mitchell and Levin 7. CALL TO PUBLIC Mr. Schmeling, Development Services Director, addressed the Commission stating Mr. Nelson brought up some valid concerns with regard to the properties, specifically as their relationship to the northern entrance into the community. He also stated Mr. Levin did a great job in articulating the difference between the zoning request at hand and the design review process . If there are any inadequacies with the current design review process or changes need to be made, this can be addressed through a code amendment at a future date. 8. FUTURE MEETING The meeting scheduled for Apil 7, 2021 has been canceled. The next Regular meeting is scheduled for April 21, 2021. No items have been submitted as of this date. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:21 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 7 Printed on 4/21/2021