Planning and Zoning Commission

Jim Harris, Chairman Lake Havasu City Don Bergen Police Facility David Diaz 2360 McCulloch Blvd North Doug Hardy Lake Havasu City, Arizona Dan McGowan 86403 Gabriele Medley www.lhcaz.gov Chad Nelson Suzannah Ballard, Alternate Sam Levin, Alternate Planning and Zoning Commission Regular Meeting Matthew Mitchell, Alternate Minutes - Final Wednesday, August 18, 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, Donald Bergen, Dan McGowan, Chad Nelson, Suzannah Ballard, Gabriele Medley and David Diaz Absent: 3- Doug Hardy, Matthew Mitchell and Sam Levin Alternate member Ballard was seated. 4. MINUTES Approval of Regular Meeting Minutes from July 7, 2021. Mr. McGowan made a motion to approved the minutes of the last meeting, seconded by Mr. Nelson, and carried by the following vote: Aye: 7 - Harris, Bergen, McGowan, Nelson, Ballard, Medley and Diaz Absent: 3 - Hardy, Mitchell and Levin 5. CORRESPONDENCE AND ANNOUNCEMENTS None. 6. PUBLIC HEARING ID 21-2930 A Request for a Preliminary Plat for Spawr Subdivision, 2051 Spawr Circle, Creating Two Commercial Lots 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 (5.48-acre) is located at the end of Spawr Circle, north of the Motor Vehicles Division. • A portion of the property has been developed with a commercial building and Lake Havasu City Page 1 Printed on 9/1/2021 Planning and Zoning Commission Minutes - Final August 18, 2021 associated parking in front. • Surrounding and subject properties are zoned Light Industrial District (LI). • Residential property lies to the north across a wash. • Preliminary plat to split the existing lot 4-B-1 into two parcels. • Lot 1 to have a 30-foot wide flag lot access; remainder will be other Lot. • The original Lot 4 was split two times, creating Lots 4A, 4-B-1, and 4-B-2. • Since the original Lot 4 has been split twice, the Subdivision code requires review and approval of a subdivision application to create any additional lots. Walter Spawr, property owner/applicant present and available for questions; 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 land use action ID #21-2930, a Preliminary Plat for Spawr Subdivision creating two commercial lots in the Light Industrial District. Mr. Diaz asked if there is any plan for development. Mr. Morris stated that Staff is not aware of any plans for development. One of the lots has an existing structure with some parking on it. Chairman Harris stated that this is irrelevant to this request. Mr. Nelson made a motion to approve ID #21-2930, [a Preliminary Plat for Spawr Subdivision creating two commercial lots in the Light Industrial District] with Staff's recommendations. The motion was seconded by Ms. Medley and carried by the following vote: Aye: 7 - Harris, Bergen, McGowan, Nelson, Ballard, Medley and Diaz Absent: 3 - Hardy, Mitchell and Levin ID 21-2934 A Request for a Preliminary Subdivision Plat for Ladera North at Havasu Foothills, Tract 2387, Creating 23 Residential Lots on a 29.01-Acre Parcel in the Residential Estates/Planned Development (R-E/PD) District. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property in northwest corner of Havasu Foothills Estates Development. • The property to the north and east is owned by the State of Arizona, outside the City limits and undeveloped land. • The properties to the south and west are being developed as part of the Havasu Foothills Estates, Phase II. • Current zone is Residential Estates/Planned Development (R-E/PD). • Calle de la Luna, connecting street to adjacent subdivision; condition subject of Lake Havasu City Page 2 Printed on 9/1/2021 Planning and Zoning Commission Minutes - Final August 18, 2021 approval. • Thus far, about 95 acres of the area has final plats approved, creating 232 lots. • Preliminary plat to subdivide into 23 Residential Lots, drainage parcels, and private streets. • Proposed lots range in size from approximately 16,000 square feet to 2.45 acres. • Since there will be no public streets on the property, a development agreement will be required with the final plat submittal, outlining the developer’s responsibilities for the City’s water and sewer infrastructure within the subdivision. • City is asking for an additional separate parcel for the existing water tanks as condition of approval. • The project will have a property owners association to manage and maintain the private streets and improvements. • The proposed subdivision plat indicates connections to the two adjacent residential subdivisions, as laid out in the Phase II Preliminary Plat. • Calle de la Luna connects with adjacent public streets; therefore, to ensure public connection to the adjacent street circulation system, it cannot be gated. Chairman Harris asked for clarification on Calle de la Luna being a private street. Mr. Morris stated the developer is asking for private streets; however will make the final decision with the final plat. For this reason, the City is requiring Calle de la Luna not be gated as it is the connection between this and other subdivisions. Mr. Davis asked what assurances are there that the entrances will not be gated. Mr. Morris stated the development agreement with the developer will outline what is and is not allowed. If the developer opts to have private streets, those streets, specifically Calle de la Luna, will have no gates and be open to the public as part of the agreement. When asked by Ms. Ballard, Mr. Morris stated the City sewer and water maintenance will be outlined in the Development Agreement as well with the final plat. Britt Wolf, developer, answered Mr. Nelsons question by stating they are proposing private streets for roadway section- same length, width, and 60-foot right-of-way section. The intent is to get rid of the sidewalks on each side and use them as drainage area to give it a more natural look. 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 #21-2934, a Preliminary Subdivision Plat for Ladera North at Havasu Foothills, Tract 2387, creating 23 residential lots on a 29.01-acre parcel in the R-E/PD District, with the following conditions: 1. If streets are proposed to be private, label them as a Parcel on the plat and remove Lake Havasu City Page 3 Printed on 9/1/2021 Planning and Zoning Commission Minutes - Final August 18, 2021 reference to them as dedicated public right-of-way in the Dedication statement 2. Calle De La Luna shall not be a gated street 3. Provide a separate Parcel from Parcel A for the existing City water tanks 4. Show proposed ownership of all Parcels 5. Correct Lot 30 to read Lot 7 Mr. Morris noted a change to Condition No. 3 from the Commission's packet to state that "a separate Parcel from Parcel A shall be required for the City water tanks", as proposed in today's presentation. When asked by Chairman Harris, Mr. Wolf, the applicant, motioned his acceptance to this revised condition. Mr. Nelson made a motion to approve ID #21-2934, with Staff's recommendations and additional conditions [a Preliminary Subdivision Plat for Ladera North at Havasu Foothills, Tract 2387, creating 23 residential lots on a 29.01-acre parcel in the Residential Estates/Planned Development (R-E/PD) District, with the following conditions: 1. If streets are proposed to be private, Label them as a Parcel on the plat and remove reference to them as dedicated public right-of-way in the Dedication statement 2. Calle De La Luna shall not be a gated street 3. Provide a separate Parcel from Parcel A for the existing City water tanks 4. Show proposed ownership of all Parcels 5. Correct Lot 30 to read Lot 7] The motion was seconded by Mr. McGowan and carried by the following vote: Aye: 7 - Harris, Bergen, McGowan, Nelson, Ballard, Medley and Diaz ID 21-2917 A Request for a Zone Change for 360, 370, & 380 Lake Havasu Avenue N., Tract 2252, Block 2, Lots 3, 4, & 5, from Mixed Use - Neighborhood/Planned Development District (MU-N/PD) to Multiple-Family Residential District (R-M). Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • Subject property on Lake Havasu Avenue N. between Sabino Drive and Papago Drive. • It consists of three vacant lots that total 1.75 acres. • Currently vacant and undeveloped. • It generally slopes down about 12 feet from the northeast to the southwest. • Property currently zoned MU-N/PD. • Most surrounding properties are zoned R-M, Multiple Family Residential. • Abutting property to the east is zoned R-1. • In January 2008, part of planned development for Lots 3-7 with a specific development plan for a Hotel on lots 3-5. Project never came to fruition Lake Havasu City Page 4 Printed on 9/1/2021 Planning and Zoning Commission Minutes - Final August 18, 2021 and lots are still vacant. • As part of the Development Code update in 2016, the zoning designation for Multiple-Family Residential District (R-4) was renamed to Multiple-Family Residential District (R-M) and the Commercial Residential District (C-R) designation was replaced by Mixed Use - Neighborhood District (MU-N). • The applicant requested to remove the current MU-N/PD zoning designation and revert to the previous R-M District. • In 2020, the abutting Lots 6 and 7 to the north of this request were also rezoned from MU-N/PD to R-M to remove the Planned Development because the anticipated development was not occurring. • The R-M zoning allows building height of up to 30 feet and up to 20 residential units per acre. The previous zoning also allowed up to 30 feet. • At this time, the owner has not presented a development plan for the property. If the rezone is approved, they will be able to develop as any of the uses allowed in the R-M District. Chairman Harris stated this is a reduction in zoning to the neighborhood. Mr. Morris stated the applicant is going from a proposed Hotel to Multiple Family Residential. Mr. Diaz commented on the need for commercial property. Mr. Nelson, clarified to the Commission that what has been approved previously with the PD was a hotel, so right now it is locked in as a hotel and would require a PD amendment to build anything straying away from a Hotel or this layout. When questioned by Mr. Nelson, Mr. Morris stated the density for R-M is up to 20 units per acre maximum. This property is about 1.75 acres so it would allow about 35 units. Chairman Harris stated that bottom line, the previous zoning was multi-family residential, so all we are doing is reverting back to the equivalent zoning. Owner/developer not present for questioning. Chairman Harris opened the Public Hearing. John Campbell, resident at 294 Sabino Drive stated his traffic concerns and previous requests to not have any entrance or exits off Sabino. Mr. Morris stated that the subject properties have no frontage property on Sabino Drive; therefore, if developed, there will be no connection to Sabino. Mr. Campbell asked who the owner is for lots 6 and 7. Mr. Campbell commented that it is disrespectful for property owner/developer to not be here. Mr. Nelson asked if there was a neighborhood meeting. Mr. Morris stated that, as a requirement for rezones, the applicant must host a neighborhood meeting inviting all Lake Havasu City Page 5 Printed on 9/1/2021 Planning and Zoning Commission Minutes - Final August 18, 2021 property owners within a 300-foot radius from the subject property. Sign in and minutes are taken at the meeting and presented as part of the application. Additionally, the City does site posting and public notification to all property owners within 300 feet alerting them to the Planning Commission and the City Council meetings for this item’s presentation. All requirements have been met. Mike Trevi, 396 Sabino Drive stated he received notification for this meeting, but did not receive a notice by the developer for the neighborhood meeting. William Poe, 1661 Papago Drive- flag lot directly to east of parcels stated privacy concerns. He asked if there is a privacy development agreement for the 30-foot restriction. How is the third flooring being restricted from outlooks into neighbor’s front and back yards? Chairman Harris stated he believes there is no fencing requirement in a residential property as in commercial properties. Mr. Morris stated that based on the proposed type of development, in some cases at a maximum extent , there may be a six-foot screen wall and some landscaping required for screening- nothing taller than six foot would be required. Mr. Morris stated the previous hotel development was a two story project, so the same situation could have development. Chairman Harris stated the prior/original zoning already had a 30-foot height limitation. When questioned what the setbacks were, Mr. Morris stated R-M have setbacks of 15 feet from front and rear property lines, 5 feet from side property lines, and not into any utility easements. Chairman Harris closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends forwarding a recommendation of approval to the City Council for land use action ID #21-2917, a request for a zone change for 360, 370, & 380 Lake Havasu Avenue N., Tract 2252, Block 2, Lots 3, 4, & 5, from MU-N/PD to R-M. Item will go to City Council’s 9/28/2021 meeting. Mr. Nelson made a motion to approve ID No. 21-2917 with Staff's recommendations [recommend approval to the City Council ID No. 21-2917, a request for a zone change for 360, 370, & 380 Lake Havasu Avenue N., Tract 2252, Block 2, Lots 3, 4, & 5, from Mixed Use - Neighborhood/Planned Development District to Multiple-Family Residential District]. The motion was seconded by Ms. Ballard and carried by the following vote: Aye: 6 - Harris, Bergen, McGowan, Nelson, Ballard and Medley Nay: 1 - Diaz 7. CALL TO PUBLIC Lake Havasu City Page 6 Printed on 9/1/2021 Planning and Zoning Commission Minutes - Final August 18, 2021 None. 8. FUTURE MEETING The next Regular meeting is scheduled for September 1, 2021. One item will be presented. We have also received items for the September 15, 2021 meeting. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:38 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 7 Printed on 9/1/2021