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, June 16, 2021 9:00 AM 1. CALL TO ORDER Vice Chair Gorden called the meeting to order at 9:07 a.m. 2. PLEDGE OF ALLEGIANCE Vice Chair Gorden led the Pledge of Allegiance. 3. ROLL CALL Alternate Member Ballard was seated. Present: 5- Lucas Still, Mychal Gorden, Donald Bergen, Chad Nelson and Suzannah Ballard Absent: 5- Jim Harris, Doug Hardy, Dan McGowan, Matthew Mitchell and Sam Levin 4. MINUTES Mr. Still made a motion to approve the minutes of the last meeting, by Mr. Nelson, and carried by the following vote: Aye: 5 - Still, Gorden, Bergen, Nelson and Ballard Approval of Regular Meeting Minutes from April 21, 2021. 5. CORRESPONDENCE AND ANNOUNCEMENTS None. 6. PUBLIC HEARING ROLL CALL Chairman Harris was seated and took over Chair position. Present: 6- Jim Harris, Lucas Still, Mychal Gorden, Donald Bergen, Chad Nelson and Suzannah Ballard Absent: 4- Doug Hardy, Dan McGowan, Matthew Mitchell and Sam Levin ID 21-2840 A Request for a Zone Change for 2455, 2457, & 2459 Anita Avenue, Lake Havasu City Page 1 Printed on 8/3/2021 Planning and Zoning Commission Minutes - Final June 16, 2021 Tract 2242, Block 1, Lots 13, 14, & 15, from Limited Commercial District (C-1) to Single-Family Residential District (R-1). Mr. Nelson recused himself due to a conflict of interest. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject properties at northwest corner of Anita Ave and existing alley west of 2461 Anita Ave. • 3 Lots, together measure about 200 X 150. • Currently vacant and undeveloped and zoned C-1. • Surrounding zonings to east and south are R-2, north is R-1, west are C-1. • One of the C-1 neighboring properties is developed. • Several nodes in town similar with C-1 surrounded by residential zoning. • Slowly transitioned into residential uses. • General Plan calls this area out as low density residential. • Part of a Parking-in-Common area which would go away with rezone. • Applicant proposing to combine properties and divide into two lots. • Lot alteration application will be required for reconfiguration of lots. Lisa Pender, applicant, stated she had a plot plan available for proposed lot alteration and distributed to the Commission for their review. Mr. Morris stated the lot alteration process will happen after rezone is approved. Chairman Harris was seated at 9:16 a.m. and assumed the Chair duties. Chairman Harris opened the Public Hearing. Richard Adams, commercial property owner of Frontier Concrete, 2451 Anita Ave and upper neighboring lot, stated he opposes the rezone to residential. He feels it should stay commercial, as this would hurt his business and the value of his property. When asked by Mr. Still why he feels it will hurt the value of his property, Mr. Adams stated he had a purchase inquiry for the lot above his building and once they saw the rezone, he has not received an offer. Nancy Campbell, stated that she understands the need for workforce housing, and there is a lot of development in Havasu Heights. She understands original direction is to get housing; however, feels the City also needs commercial properties. With all the residential properties all around and a Parking-in-Common on this property, she sees a benefit to having commercial in this area. Chad Nelson, stated that there are several of these commercial properties around town so Lake Havasu City Page 2 Printed on 8/3/2021 Planning and Zoning Commission Minutes - Final June 16, 2021 availability is there, and there is mostly residential in this area. Feels turning this into residential is the best move. Mr. Still asked why R-1 as opposed to R-2 to which Mr. Nelson stated that information would have to be provided by the applicant who works for him, that is the reason he recused himself from the item. Ms. Pender stated she does not need the density of an R-2. 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 2455, 2457, & 2459 Anita Avenue, Tract 2242, Block 1, Lots 13, 14, & 15, from Limited Commercial District (C-1) to Single-Family Residential (R-1) with the following condition: 1. The lots shall be combined or re-configured to meet the R-1 standards prior to application for a building permit. The item will go before the City Council on July 27, 2021. Chairman Harris stated that these little nodes of commercial properties were designed to be convenience stores, gas stations, dental office, etc. distributed throughout the community. Several of these are being gobbled up in residential and once they are gone, they are gone. Usually for a reduction in zoning; however, not sure the Commission is doing a right thing with rezoning this property. Mr. Still stated opposing this rezone is going to be a first time to a nodal area that was kind of a guess when it was originally planned out. The market has dictated that we do not need commercial in that area evidenced by the lack of development. Mr. Morris reiterated that the Lake Havasu General Plan calls out this area as low density residential. This rezone is in keeping with the intent of the general plan for residential in this area. The most recent update deemed this area to be absorbed by the residential zonings. Mr. Gorden states that there are a lot more commercial nodes in higher traffic areas but in this location the likelihood of commercial development is very low. If it happens, it would most likely happen in the corner, not in the back where these properties are located. Ms. Ballard stated she does not oppose the rezone to residential; however feels that with the surrounding zoning, this should be rezoned to R-2. [Although the recording secretary announced "Motion passes 3 to 2", the motion failed due to a lack of a majority Commission vote.] Lake Havasu City Page 3 Printed on 8/3/2021 Planning and Zoning Commission Minutes - Final June 16, 2021 Mr. Still made a motion to recommend that the City Council approve Land Use Action No. 21-2840, for a Zone Change for 2455, 2457, & 2459 Anita Ave, Tract 2242, Block 1, Lots 13, 14, & 15, from Limited Commercial District (C- 1) to Single-Family Residential (R-1) with the following condition: 1. The lots shall be combined or re-configured to meet the R-1 standards prior to application for a building permit. The motion was seconded by Mr. Bergen. The motion failed due to not having a Commission majority vote with a vote of 3 yay and 2 nay as follows: Aye: 3 - Still, Gorden and Bergen Nay: 2 - Harris and Ballard Absent: 4 - Hardy, McGowan, Mitchell and Levin Recused: 1 - Nelson ID 21-2841 A Request for a Zone Change for 2571 Via Palma, Tract 2271, Block 1, Lot 7 and a portion of Golf Course Parcel 1-D, APN 105-14-036, from Limited Multiple-Family District (R-3) and Golf Course District (GC) to Residential Estate District (R-E) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property on north side of Via Palma, east of Acoma Blvd S. • Applicants own Lot 7 and in process of purchasing portion of golf course property to combine with existing lot. • Combined the properties are about two thirds of an acre. • 2571 Via Palma zoned R-3, golf course portion zoned GC (Golf Course). • Nearby properties are zoned GC, RE, and some R-3. • Proposing a single family home on the combined property. • Requesting to rezone their property and the purchased portion to RE. • Current golf course portion parcel to be purchased does not meet the standards for RE so the applicant will have to combine the properties prior to any development. Mr. Still stated there have been a couple of these rezones that have come up and asked for a quick overview of the history since the rezone of the golf course back in 2016. Mr. Morris stated that when the Code was revised in 2016, there was not a GC, Golf Course zoning. This was a new zoning that came into play in that update. The existing golf course was then rezoned Golf Course. There was some push back at that time that if the golf course was zoned RE, as originally planned with the update, the golf course could then sell off individual lots and do away with the golf course. The new owners were fully in support for the Golf Course zoning. Subsequently since then, they have sold off Lake Havasu City Page 4 Printed on 8/3/2021 Planning and Zoning Commission Minutes - Final June 16, 2021 portions of abutting properties to residential properties. About a dozen owners have purchased a piece of property from the golf course; however, the zoning remains with that purchased property so now you have two zonings. The original property-in most cases is RE and the GC property purchased. Some of those properties have taken the next step and after combining the purchased property, will rezone the GC to RE. This allows the property to be treated as one RE property with its respective setbacks. GC setback is 50 feet deeming the purchased property unusable for building. Chairman Harris asked if these properties have been combined through the City, Mr. Morris stated they have not. His understanding is that they are not under one ownership yet. Theron Tilgner, owner was present and available for questions from the Commission; however, there were none. Chairman Harris opened the Public Hearing. Lenny Matzdorff, representing his dad, owner of 2591 Via Palma and 2601 Via Palma, currently in escrow. Difficult for dad to attend due to disability. Mr. Matzdorff stated his opposition of selling of golf course property and the rezone of R-3 to R-M stating the following key points: • RE is 30-foot and R-3 is 15-foot height limit. • The applicant owned and sold the lot next to the subject lot, then purchased this home knowing it was an R-3 lot. • Mr. Matzdorff’s parents purchased their property 34 years ago with a 270-degree view that now will be lost. Mr. Matzdoff provided photos of loss of view. Mr. Matzdorff has spoken with the applicant who stated they are not losing the view to the northwest. • Mr. Matzdorff feels the loss of view will jeopardize the sale at 2601 Via Palma due to a diminishing view. • Feels this is only for the betterment of the applicant. • Size of the combined properties. • Removal of 18th tee box which has been there for approximately 50 years. • Feels this is setting a precedent. Mr. Nelson asked if there was any representation from the buyer at the meeting. Mr. Matzdorff stated he did not believe so, as he is out of town. Mr. Tilgner stated that he did have a pleasant conversation with Mr. Matzdorff about a month ago. Understands his and his father’s point. Property owner and excellent neighbors for twelve years. Mr. Tilgner stated his property will be setback 50 feet from Lake Havasu City Page 5 Printed on 8/3/2021 Planning and Zoning Commission Minutes - Final June 16, 2021 Mr. Matzdorff’s property and 10 feet from water main- really not blocking a large amount of the view. Only losing small portion of cupcake mountain. Regarding 18th tee box, that hole is a Par 5 and according to USGA it is a Par 4, so they were planning on moving this hole to make it legitimate. In addition, golf course has the right at any point to do something on their own property, for example they can put a townhome in the area he is wanting to put a custom home. Chairman Harris asked for clarification if Mr. Tilgner has a 50 foot setback. Mr. Tilner stated that he has a 55-foot separation between Mr. Matzdorff’s wall and his property. Mr. Morris stated that if this is rezoned to RE, the rear setback for the main structure is 20 feet from rear property line, 10 feet from side. There is a current application for an ingress, egress, and utility easement, pending this rezone, to abandon an easement on golf course portion and rededicate a new on the revised golf course portion of property. Not part of this rezone but in plans for this property. Kevin Phillips, 2601 Via Palma owner stated view will be taken away for both his and Mr. Matzdorff’s property if rezone is approved. With changing of easement, now creating a pathway directly behind houses. Pathway has created disturbance with intoxicated golfers, motorized carts and skateboards. Noise traffic and construction also a concern. Future buyer aware of the zoning and waiting for decision. Mr. Phillips questioned if the applicant has purchased the property and Mr. Tilgner stated he is in the purchase process. 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 2571 Via Palma, Tract 2271, Block 1, Lot 7 and a portion of Golf Course Parcel 1-D, APN 105-14-036, from Limited Multiple-Family District (R-3) and Golf Course District (GC) to Residential Estate District (R-E) with the following condition: 1. The lots shall be combined prior to application for a building permit. Item will go to the City Council on 7-27-2021. Mr. Nelson asked if the golf course could build a townhome. Mr. Morris stated the Golf Course zoning does not allow any residential uses. It could be an accessory use to the golf course such as hotel/motel or a conference facility, bed n breakfast, resort. Further limiting that stretch is the 50-foot setback to any buildings. Mathematically, not possible or a viable solution Mr. Still made a motion to recommend that the City Council approve Land Use Action No. 21-2841, for a Zone Change for 2571 Via Palma, Tract 2271, Block 1, Lot 7 and a portion of Golf Course Parcel 1-D, APN 105-14-036, from Limited Lake Havasu City Page 6 Printed on 8/3/2021 Planning and Zoning Commission Minutes - Final June 16, 2021 Multiple-Family District (R-3) and Golf Course District (GC) to Residential Estate District (R-E) with the following condition: 1. The properties shall be combined, prior to application for a building permit. The motion was seconded by Ms. Ballard and carried by the following vote: Aye: 5 - Harris, Still, Gorden, Nelson and Ballard Nay: 1 - Bergen Absent: 4 - Hardy, McGowan, Mitchell and Levin ID 21-2842 A Request for a Preliminary Subdivision Plat for The Havasu Life South, a Subdivision of Tract 2257, Block 10, Lots 18 through 21, Creating 32 Residential Lots on a 2.41-Acre Parcel in the Residential Southgate District (R-SGD). Mr. Still and Mr. Gorden recused themselves due to conflict of interest. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property are four lots at southeast corner of Arapaho and Kearsage Drive. • Measure about 2.5 acres. • Alley abuts property on south. • Site generally slopes about 15 feet from east to west. • Current rough grading permit. • Zoned R-SGD Residential Southgate District. West, north and east RSGD. South across alley C-SGD, Commercial Southgate District and vacant. • 32 Residential lots proposed, 2 drainage parcels and private street. [Parcel Plat shown on screen] • Proposed lots range in size from 1600 to 3200 square feet. • Building setbacks for project to be measured from the subdivision’s exterior property lines, with each lot having zero lot line interior setbacks • Single family dwellings • No public streets • Development agreement will be required with Final Plat outlining the developer’s responsibility for the City’s water and sewer lines within the subdivision. • Project will have an association to manage and maintain the private streets and improvements. • Received no objections • Attached Planning and building comments received shall be address with Final Plat. Lee Johnson, APL Survying stated they have reviewed all the conditions placed by Staff and have no objections and have started addressing some of those comments. Lake Havasu City Page 7 Printed on 8/3/2021 Planning and Zoning Commission Minutes - Final June 16, 2021 Chairman Harris opened the Public Hearing. Hearing none, Chairman Harris closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of a Preliminary Subdivision Plat for The Havasu Life South, a subdivision of Tract 2257, Block 10, Lots 18 through 21, creating 32 residential lots on a 2.41-acre parcel in the R-SGD, be approved with the following conditions: 1. Add Tract 2406 to the subdivision name 2. Any required covered parking spaces should not be located in a utility or drainage easement 3. Label the drainage parcels as Parcel B and Parcel C and the lots as Lots 1 through 32 4. Provide a Development Agreement for review that includes the city sewer and water services 5. PUE abandonment required. 6. Site retaining walls cannot use LHC standard retaining wall detail. They shall be engineered and by separate permit. Revise keynotes on sheet C-4 accordingly. 7. Buildings cannot be placed closer than 3’-0” to the top of a 2:1 slope per LHC amendments to IRC R403.1.7.2. Per proposed grades and sections it appears slopes between buildings will be 2:1. Revise grades and sections accordingly. Mr. Nelson asked if we had to do a PD Abandonment. Mr. Morris stated there is no current PD to abandon at this property. Mr. Nelson made a motion to approve land use action ID #21-2842 with Staff's recommendations, [a Preliminary Subdivision Plat for The Havasu Life South, a subdivision of Tract 2257, Block 10, Lots 18 thru 21, creating 32 residential lots on a 2.41-acre parcel in the Residential Southgate (R-SGD) District, be approved with the following conditions: 1. Add Tract 2406 to the subdivision name 2. Any required covered parking spaces should not be located in a utility or drainage easement 3. Label the drainage parcels as Parcel B and Parcel C and the lots as Lots 1 through 32 4. Provide a Development Agreement for review that includes the city sewer and water services 5. PUE abandonment required. 6. Site retaining walls cannot use LHC standard retaining wall detail. They shall be engineered and by separate permit. Revise keynotes on sheet C-4 accordingly. 7. Buildings cannot be placed closer than 3’-0” to the top of a 2:1 slope per LHC amendments to IRC R403.1.7.2. Per proposed grades and sections it appears slopes between buildings will be 2:1. Revise grades and sections accordingly.] Lake Havasu City Page 8 Printed on 8/3/2021 Planning and Zoning Commission Minutes - Final June 16, 2021 The motion was seconded by Ms. Ballard and carried by the following vote: Aye: 4 - Harris, Bergen, Nelson and Ballard Absent: 4 - Hardy, McGowan, Mitchell and Levin Recused: 2 - Still and Gorden 7. CALL TO PUBLIC None. 8. FUTURE MEETING Mr. Morris thanked everyone for their patience with today's technical issues. Next meeting will be July 7, 2021 and 9 items will be presented. Election of Chair and Vice Chair will also take place at the next meeting. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:11 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 9 Printed on 8/3/2021