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, April 21, 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: 8- Jim Harris, Lucas Still, Mychal Gorden, Doug Hardy, Donald Bergen, Dan McGowan, Suzannah Ballard and Matthew Mitchell Absent: 2- Chad Nelson and Sam Levin Alternate member Ballard was seated. 4. MINUTES Mr. McGowan made a motion to approve the minutes of the last meeting, seconded by Mr. Hardy and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Hardy, Bergen, McGowan and Ballard Absent: 1 - Mitchell Approval of Regular Meeting Minutes from March 17, 2021. 5. CORRESPONDENCE AND ANNOUNCEMENTS None. 6. PUBLIC HEARING ID 21-2781 A Request for a Preliminary Subdivision Plat for Esperanza II Condos, 470 N. Lake Havasu Avenue, Tract 2252, Block 3, Lot 6, Creating 12 Residential Condominiums and Covered Parking. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: Lake Havasu City Page 1 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 • Property located on Lake Havasu Ave, north of Palo Verde Blvd N. • Expansion of first phase of Esperanza Condos. • Surrounding zoning is R-M on same side, C-1, C-2 and R-M across the street, and R-1 behind subject property. • 12-unit condominium plat layout shown on screen. Lee Johnson, APL Surveying Inc. was present and available for questions by the Commission; however, there were none. 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 subdivision plat for Esperanza II Condos, 470 N. Lake Havasu Avenue, Tract 2252, Block 3, Lot 6, creating 12 residential condominiums and covered parking. Mr. Still made a motion to approve land use action ID #21-2781, a preliminary subdivision plat for Esperanza II Condos, 470 N. Lake Havasu Avenue, Tract 2252, Block 3, Lot 6, creating 12 residential condominiums and covered parking. The motion was seconded by Mr. McGowan and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Hardy, Bergen, McGowan and Ballard ID 21-2782 A Request for a Preliminary Subdivision Plat for LaNoria Condos, 3448 Oro Grande Blvd, Tract 2217, Block 7, Lot 2, Creating Nine Residential Condominiums. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located at northeast corner of Oro Grande Blvd and Buena Vista Ave. • Fire Station diagonally across subject property. • Subject property rezoned from C-2 to R-3 about six months ago. • Surrounding zoning is R-3, C-1 across the street to the south, and R-1 to the north. • 9-unit condominium plat layout shown on screen. • Each unit will have a bedroom and 1 car garage. • Common area amenities will include a pool. Lee Johnson, APL Surveying Inc. was present and available for questions by the Commission; however, there were none. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Lake Havasu City Page 2 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of a preliminary subdivision plat for LaNoria Condos, 3448 Oro Grande Blvd, Tract 2217, Block 7, Lot 2, creating nine residential condominiums. Mr. Bergen stated that nine units seem like a lot for the size of this particular lot. Mr. Morris stated that nine units is what the developer has chosen and are within the boundaries to meet the regulations of the Development Code. Ms. Ballard made a motion to approve land use action ID #21-2782, a preliminary subdivision plat for LaNoria Condos, 3448 Oro Grande Blvd, Tract 2217, Block 7, Lot 2, creating nine residential condominiums. The motion was seconded by Mr. Still and carried by the following vote: Aye: 7 - Harris, Still, Gorden, Hardy, Bergen, McGowan and Ballard ID 21-2779 A Request for a Zone Change for 1035 Acoma Boulevard S. and 2671 Fremont Drive, Tract 2285, Block 1, Lot 2B and Parcel D, from Limited Commercial District (C-1) to General Commercial District (C-2). Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Property located at corner of Acoma Blvd S. and Fremont, currently zoned C-1. • Subject property owner owns existing adjacent gas station. • Surrounding zoning is C-SGD across Acoma Blvd. • Across the alley is Fremont Court which is zoned R-SGD (Residential Southgate District). This is multiple-family district; however, most of homes in this area developed as single-family homes. • Request to change zone from C-1 to C-2, matching zoning of existing gas station. • Citizen’s meeting held on March 26, 2021, two property owners attended. • Applicant’s intent is to match the existing gas station’s zoning and expand it for better access to boats and RVs. • Any C-2 uses will be permitted, if rezone is approved. • Design review will be required for any future development. Mr. Still asked for the total square footage when combined with the gas station property. Mr. Morris stated the total square footage of the subject properties are about an acre and estimated the gas station at about half an acre. Rob Sampson, Selberg and Associates and Don Bradley, property owner were present and available for questions from the Commission. Mr. Gorden asked what the extent is to expand the gas station and if there are any tenant improvements proposed. Mr. Sampson stated the original intent is to expand the gas station to make easier onsite mobility for Lake Havasu City Page 3 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 boats and RVs; however, plans have not been designed yet. Chairman Harris opened the Public Hearing. An email received from Harold Musket, a neighboring property owner, regarding original zoning of the properties, the lots not being originally combined, future development, alley way use, and rezoning concerns was read into the record. Mr. Morris addressed all the concerns raised in the email with the Commission. Chairman Harris closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends the Commission forward a recommendation of approval to the City Council for a Zone Change for 1035 Acoma Blvd S and 2671 Fremont Dr, Tract 2285, Block 1, Lot 2B and Parcel D, from Limited Commercial (C-1) to General Commercial (C-2). Item will go to the City Council on May 25, 2021. [Although Ms. Ballard abstained from voting, an abstained vote is a "yes" vote and she agreed to this verbally after the meeting.] Mr. McGowan made a motion to approve [recommend that the City Council approve] Land Use Action No. 21-2779, for a Zone Change for 1035 Acoma Boulevard S. and 2671 Fremont Drive, Tract 2285, Block 1, Lot 2B and Parcel D, from Limited Commercial District (C-1) to General Commercial District (C-2). The motion was seconded by Mr. Bergen and carried by the following vote: Aye: 6 - Harris, Still, Gorden, Bergen, McGowan and Ballard Nay: 1 - Hardy ID 21-2778 A Request for a Planned Development Rezone of 200 London Bridge Road, Tract 2183, Block 6, Lot 1, from Limited Commercial District (C-1) to General Commercial/Planned Development District (C-2/PD), to Allow Exceptions from Code Section 14.03.03.C.17.b.ii.B 3 & 4, Separation of 500 Feet from a Public Park, Playground or Recreational Facility and an Establishment Having an Arizona Spirituous Liquor License, for a Proposed Marijuana Establishment. Mr. Gorden and Mr. Still recused themselves from this item due to a conflict of interest. Mr. Mitchell was seated. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: Lake Havasu City Page 4 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 • Subject property is 200 London Bridge Rd, by the area commonly known as the Swapmeet parking lot. • Southwest corner of London Bridge Rd. and Paseo Del Sol. • City owned parking lots next to and across the subject property. • Current zoning of subject property and adjoining neighboring properties on same side of London Bridge Rd. are zoned C-1. • Properties across London Bridge Rd. are zoned C-2 and State Park is AP. • Two-fold request: Marijuana Establishment and separation requirements per our Development Code and Development Plan: o Marijuana Establishment and separation requirements per our Development Code.  Meets code for: • 1000 feet from another marijuana establishment. • 1000 feet from a school or day care center. • 500 feet from a religious facility. • 500 feet from the boundary of a residential zoning district or residential use.  Does not meet code for: • 500 feet from a public park, playground, or recreational facility. • 500 feet from an establishment having an Arizona spirituous liquor license.  Lake Havasu State Park exception • This park/recreation facility is located about 300 feet from the property to the west. Access to the park is limited. A gate provides controlled access for vehicles and pedestrians during special events, and a fence surrounds the boundary of the State Park in this area.  Liquor License exceptions • Licenses are issued for three properties within 500 feet of the subject property. The licensees are: o Knights of Columbus at 186 London Bridge Rd, about 150 feet south. o Hampton Inn at 245 London Bridge Rd, about 275 feet northwest. o American Legion at 181 Paseo Del Sol, about 400 feet southeast. • There are no bars or restaurants open to the general public with liquor licenses within 500 feet of the property. o Development Plan  A planned development was submitted as part of this request. (Site plan shown on screen).  Proposing drive-thru for marijuana establishment, accessed off of City parking lot and exiting onto Paseo Del Sol.  Conceptual rendering plans also shown on screen.  Proposed building will be about 3500 square feet.  Two levels-bottom level for marijuana business, upper will contain a couple of suites, foyer, and covered patio.  If the request is approved, the property is required to substantially match the Lake Havasu City Page 5 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 development plan.  Upon approval, the property will be allowed all uses within the C-2 zoning district, but will be limited to the development plan approved as part of the request.  PD approval will eliminate uses such as gas stations, warehousing and wholesale distribution, open lot storage, vehicle sales and rental, and storage units.  Development will have to go through design review, fire, building, public works, sewer, water, etc., before any development gets a permit for this project. Per Ms. Ballard’s request, Mr. Morris expound on the exception requests. Chairman Harris asked Mrs. Garry, City Attorney, if there were any legal ramifications with approving this request. Mrs. Garry stated that she is not aware of any ramifications. The regulations are put in place to help with any secondary effects to having these types of establishments within the city. It is before the Commission and it will go before City Council to determine whether or not these are concerns for this particular area. Mychal Gorden, Desert Land Group, representing property owner stated Mr. Morris did a thorough job explaining the conditions and the request before you as a C-2/PD and expanded on the following key points: • Location selection-best location with least exceptions. • Use allowed in C-2 districts in town already; however, limited remaining locations that allow circulation, parking, parcel size, etc. for proposed use. • Ownership looking for better location for current business to address traffic situation as it has expanded from medical to recreational marijuana. • Project has been discussed with City staff looking at location, common parking, public right-of-ways, drive thru component/exiting, stacking, queuing issues, zoning C-1 vs. C-2/PD, etc. • PD limits other C-2 allowable uses. • 2-story mixed use building with other C-2 uses allowed. • LH State Park primary entrance is down the road, no access to park other than special events. • In terms of liquor license- these are private, not public clubs. • Exceptions justifiable and would have minimal impact on public. Jack Dunn, representing property owner reiterated what Mr. Gorden stated in above key notes. Chairman Harris opened the Public Hearing. Hearing none, Chairman Harris closed the Public Hearing. Lake Havasu City Page 6 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 Mr. Morris stated that based on the findings, the Development Review Committee recommends that the Commission forward a recommendation of approval to the City Council for a Planned Development Rezone of 200 London Bridge Road, Tract 2183, Block 6, Lot 1, from Limited Commercial District (C-1) to General Commercial/Planned Development District (C-2/PD), to allow exceptions from Section 14.03.03.C.17.b.ii.B.3 & 4 separation of 500 feet from a public park, playground or recreational facility and an establishment having an Arizona spirituous liquor license, for a proposed marijuana establishment, with the following condition: 1. The property shall substantially match the Development Plan provided with the request. This item will go to the City Council on May 25, 2021. The motion was seconded by Mr. Hardy. Mr. Bergen stated there are legal development conditions that exist in place listing, the proximity of less than 500 feet from: State Park with overflow of parking and entrance, three active liquor licenses, and the Swapmeet being held every Sunday, as reasons for opposing the location of this item. Chairman Harris stated that Lake Havasu City is an extremely difficult community, the way it is zoned, to meet all the requirements attached to those conditions [marijuana establishment]. Chairman Harris believes that the applicant has gone to the extent in trying to follow the letter of the law, as closely as possible. The park is not a park with swings, slides and picnic tables and such so they have mitigated that a little bit and the liquor licenses as mentioned are not typically open for general sales. Within the confines of Lake Havasu, they have done their due diligence and tried to meet the conditions as best possible in our community. Roll call vote was taken and the motion was split – 3 no votes and 3 yes votes. Mrs. Garry stated that in the case of a tie vote, the motion shall be considered lost. Any subsequent motion may be entertained or it would move forward to City Council as a motion of disapproval and we would note that it resulted from a tie vote of 3 to 3. Chairman. Harris restated that the motion failed due to not having a majority and asked if there was any further discussion. Mr. McGowan stated he does not think the liquor license establishments are an issue as they are not open to the general public and the fence doesn’t appear to be a problem in his opinion. Lake Havasu City Page 7 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 Chairman Harris stated that this particular issue, whether for or against, has become allowed by law so Lake Havasu City has to accommodate them to the best of our abilities. Proposed item meets intent of what the City is trying to govern, in terms of location. Ms. Ballard stated that the use is not the issue for her, rather the continuance of nit picking and continuing to change zoning any way we can change it in order to accommodate a particular business. If they want to put this business in, that is fine- it is legal; however, they should find a C-2 property to put it on. Her recommendation is to forward to City Council with a notation that is was declined due to a tie and let the City Council make the determination. Mr. Bergen stated he would also add that all of the properties on that strip are C-1. Does not see making this an exception. Mr. Gorden addressed a couple of comments. Understands the concern of trying to stick exactly to the Zoning Code. As the applicant looked around town, there are not many locations that will work. Whether it is this owner with a request in this location or this owner with a request on another location, another owner with a request on another C-2 property, more than likely with the studies that have been done in the past six months to a year, the requests will have to come before you because there is residential homes behind the C-2 zonings or multi-family, or a school 459 feet away. We felt this location was supportable for those reasons. The park is a secondary entrance for events only. Regarding C-1 or C-2 zoning, Staff felt it was cleaner to bring it in as C-2 with PD, as this is a permitted use in C-2. At end of the day, the site plan and PD limits uses allowed in C-2. Mr. McGowan asked if all the requirements were met on the current allowed establishments for this use- were there any exceptions. Mr. Dunn stated he does not believe any exceptions were made. Mr. Dunn also clarified that this is not to bring in a third license to the City. It is to enhance the option for one of the current licenses. Chairman Harris stated if the PD aspect of this C-2/PD application goes away, then there is no other C-2 allowed. Mr. Morris stated the use stays with the property. Other C-2 uses allowed could come in. Mr. Gorden referred back to Mr. McGowan’s questions and stated that the two existing locations are small facilities without parking and circulation established when they were medical only. Now they allow recreational so that has increased their traffic and use. Those facilities are going to struggle in those locations due to the constraints of the site so ownership is looking to provide an option for a better long term solution. Lake Havasu City Page 8 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 Mr. McGowan asked for the hours of operation. Mr. Dunn stated the hours of operation have not been determined, as it will be up to the tenants. When questioned by Mr. McGowan, Mr. Gorden stated traffic concerns have been mitigated by the use of parking in common area for parking and drive thru to prevent stacking issues. No further discussion. Item to be forwarded to City Council as a failed motion due to a tie. Mr. McGowan, made a motion to approve [recommend approval] ID 21-2778, for a Planned Development Rezone of 200 London Bridge Road, Tract 2183, Block 6, Lot 1, from Limited Commercial District (C-1) to General Commercial/Planned Development District (C-2/PD), to allow exceptions from Section 14.03.03.C.17.b.ii.B 3 & 4 separation of 500 feet from a public park, playground or recreational facility and an establishment having an Arizona spirituous liquor license, for a proposed marijuana establishment, with the following condition: 1. The property shall substantially match the Development Plan provided with the request. The motion was seconded by Mr. Hardy. After discussion amongst the Commission, the motion failed with the following 3-3 tie roll call vote: Aye: 3 - Harris, Hardy and McGowan Nay: 3 - Bergen, Ballard and Mitchell 7. CALL TO PUBLIC None. 8. FUTURE MEETING The meetings scheduled for May 5 and May 19, 2021 have been cancelled. The next regular meeting is scheduled for June 2, 2021. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:10 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Lake Havasu City Page 9 Printed on 6/24/2021 Planning and Zoning Commission Minutes - Final April 21, 2021 Maria Hart, Recording Secretary Lake Havasu City Page 10 Printed on 6/24/2021