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, December 15, 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 Alternate member Mitchell was seated. Present: 8- Jim Harris, Donald Bergen, Dan McGowan, Chad Nelson, Matthew Mitchell, Sam Levin, Gabriele Medley and David Diaz Absent: 2- Doug Hardy and Suzannah Ballard 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris recapped the City Council actions from last night stating: Rezone on Amigo to Single Family Residential; Sweetwater Storage to allow PD of Storage Units, and the Victoria Farms General Plan Amendment were all approved. Commissioners Diaz and Mitchell, and two Staff members attended a workshop last Friday in Phoenix. Mr. MItchell stated it was interesting to hear and meet some different people. Here in Lake Havasu we are a small operation. In some of the larger cities in Arizona things kind of get a little more political and it is a different experience- happy to be in Lake Havasu where things are a little more simple. Mr. Diaz agreed and stated it was nice to see the different municipalities. Phoenix has 1.7 million people and they are growing 70 to 90K per year. His message was "leave our water alone". Good experience. Mr. Morris stated their is a video version of the workshop available. Commissioner Medley has expressed interest and if any other Commissioners or Board Members are interested in viewing the workshop, there is a full option for unlimited viewing the City may purchase. Parking for multiple family residential has come up. Commissioner Medley asked if the Lake Havasu City Page 1 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 Planning Commission would be open to a small workshop for multiple family parking. Discussion item to be focused on parking for Multiple Family projects. Chairman Harris suggested Parking in general be discussed for all parking aspects. Mr. Morris stated that would be a large item as that is a broad scope so Mr. Morris suggested the Commission and Staff discuss this after the meeting. Mr. Morris stated that Commissioner Doug Hardy has been absent with some illness issues and sadly reported that he passed away last week. Condolences to family were offered by all. Funeral arrangements to be determined and will be announced when information is provided. Unfortunately, because of his passing , there will now be an opening on the Commission for a Regular Member. If anyone is interested, please contact the Lake Havasu City Clerk's office. Mr. Stuart Schmeling made an announcement of his retirement effective the end of this year and presented Jeff Thuneman as the new Director of Development Services. As Mr. Thuneman is the current Building Official, Mr. Schmeling anticipates a seamless transition and thanked the Commission for their years of service on the Commission. The Commission expressed their gratitude towards Mr. Schmeling thanking him for the many years of service and welcomed Mr. Thuneman. 5. MINUTES Approval of Regular Meeting Minutes from December 1, 2021. Mr. Diaz made a motion to approve the Minutes of the last meeting. The motion was seconded by Mr. Nelson, and carried by the following vote: Aye: 7 - Harris, Bergen, McGowan, Nelson, Mitchell, Medley and Diaz 6. PUBLIC HEARING ID 21-3101 Request for a Preliminary Subdivision Plat for Eagle View Villas, 2659 Jamaica Boulevard S., Tract 2271, Block 2, Lots 8 & 9, Creating a 6-Unit Residential Condominium Subdivision in the Limited Multiple-Family (R-3) District Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The .64-acre property is located on Jamaica Boulevard S. just up from Acoma Boulevard S. and Paseo Granada. • The complex is comprised of six individual units with access from Jamaica Boulevard. • The property is zoned Limited Multiple-Family (R-3). • The R-3 zone allows multi-family residential as a permitted use. [Preliminary Plat Map shown on screen] • Design Review and building permits are in review. Lake Havasu City Page 2 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 • The proposed plat will allow the six units to be individually owned as part of an association for the common portions of the site. • The owner proposed a condominium plat in order to sell each of the residential units. • The project includes: • 6 residential units with detached garages • Parcel A, common area • All on-site sewer and water services will be privately owned. • The project will have a property owners association to manage and maintain the private drives and improvements. Lee Johnson, APL Surveying, stated he was available for any questions from the Commission. Mr. Nelson asked Mr. Morris to explain to the Commission why is this coming before the Commission when the property is already R-3 zoned and kind of fits within what you can do on the property anyway. Mr. Morris stated these are a couple of lots that were combined into one parcel. Per City and State code, in order divide and sell off these individual units to different property owners, a subdivision is required, in this case a condominium subdivision. That requires review of a preliminary plat that goes out to Staff for comments then comes before the Planning Commission for review and approval. Once approved by the Planning Commission the applicant can submit a final plat which will be reviewed and approved by City Council. Mr. Nelson asked, if when a property owner purchases one of these homes, does the garage come with the unit. Mr. Johnson affirmed and stated the garage will go with each unit and be controlled through CC&Rs and HOA. 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 #21-3101, a Preliminary Subdivision Plat for Eagle View Villas, 2659 Jamaica Boulevard S., Tract 2271, Block 2, Lots 8 & 9, creating a 6-unit residential condominium subdivision in the Limited Multiple-Family (R-3) District. After the motion was seconded, Mr. Diaz asked the applicant if he had an idea what the sale price was and Mr. Johnson sated he did not. A motion was made by Member Nelson, seconded by Member McGowan, that this Planning Item be Approved. The motion carried by the following vote: Aye: 7 - Harris, Bergen, McGowan, Nelson, Mitchell, Medley and Diaz ID 21-3099 Request for a Major Conditional Use Permit for 4081 Bison Boulevard, Tract 2295, Block 3, Lot 9, to Allow Boarding and Daycare of Dogs in the Residential Agriculture (R-A) District Lake Havasu City Page 3 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The 1.93-acre subject property is located in the northeast area of town on the north side of Bison Boulevard between Paseo De Oro Drive and Colt Drive. • A wash abuts the rear of the property. • The properties in the area are all over one acre in size and are developed with single-family homes. • The surrounding properties are zoned Residential Agriculture (R-A). [Vicinity Map shown on screen] • In November 2021, the City received a report concerning the frequency of people coming and going from the property. • Code Enforcement staff contacted the property owner and discovered that a dog boarding business was being operated from the property without the appropriate approval. • The applicant’s attached letter of intent and follow-up email request to allow a dog daycare and boarding facility on the property. • Their letter states that they have operated a dog daycare, boarding, and mobile spa business at the property since 2010. • In 2011, a business license for Pet Oasis Doggie Daycare & Spa was issued for a mobile pet grooming business using the subject property as an office. • A dog daycare use was added to the business license in 2013. • The current business license does not include dog boarding. • The recent building permit history for the property shows a bone shaped dog pool from 2019, and a 2,400 sq. ft. detached accessory building from 2020. • The property is zoned R-A. The R-A zoning district allows a number of uses, including Agriculture. • Agriculture includes the raising of food and feed crops and products, and including tree and vine products; animal husbandry (breeding and caring for farm animals) including beekeeping, poultry, and pasturage and the like, but excluding commercial feed lots, fur farms, kennels, and boarding and riding stables. • However, Animal Boarding is allowed in the R-A zoning district with an approved CUP. • Dog daycare is not a use specified in the current Permitted Uses Table, but Animal Keeping was allowed in the R-A district in the pre-2016 version of the Development Code. • Since the dog daycare use is not listed in the current code, it is included in this CUP application, along with the dog boarding. [Site Plan shown on screen] • The applicant advises that they currently average 25 to 30 small to medium size dogs and a few large (10 to 60 lbs.) dogs, with a maximum of 45 dogs during holidays. • They also state that the industry standards for the number of dogs for boarding are Lake Havasu City Page 4 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 based on 40 to 70 square feet of building area per dog, depending upon the size of the dog. • Therefore, based on a 2,400 sq. ft. building, staff calculated that the range would be 35 to 60 dogs, depending on the size of the animal. • Their current proposed maximum of 45 dog falls within this range. • The site plan submitted with the request shows a residence with a pool. • It also shows a dog area in the rear of the property separated from the home by fence walls and a gate. • The dog area measures approximately .5 acres (about 21,000 sq. ft.). It is enclosed with a chain-link fence and includes a 2,400 sq. ft. building, a small dog play area, a large dog play area, and a bone shaped dog play pool. • The nearest homes are about 150-200 feet away. • The proposed boarding use appears to meet the development standards except the Design Standard that all activities shall be completely contained within an enclosed building. • It appears that the dog boarding use has been operating with its current outdoor uses for a number of years without complaints about dogs from the neighbors. • The only complaint received was concerning the frequency of clients. • Given this, staff is of the opinion that the outdoor uses as currently operated may be compatible with the Agriculture and Boarding uses within this neighborhood and the R-A zoning district, with the following conditions: 1. The site is limited to a maximum of 45 dogs, 2. Kennels shall be constructed to prevent direct access by animals to the outside areas of the buildings, 3. Buildings shall be designed and constructed to mitigate noise and odors to limit negative impacts on adjacent properties, and additional noise mitigation may be required for existing buildings not originally built for boarding of animals, 4. The keeping and treatment of animals shall be in compliance with state law (A.R.S. § 13-2910), 5. Transfer of animals shall occur during regular business hours, unless for reasons of a medical emergency, 6. The premises shall be limited to not more than one customer or client contact per hour, 7. Animal breeding is prohibited, 8. Animals must be accompanied by a facility employee at all times when outside of the building, 9. All walking and exercising of animals must take place on facility grounds, 10. Solid waste shall be removed from the outdoor areas during periods when these areas are in use and must be stored within secure and odor-free solid waste receptacle, 11. Obtain appropriate approval from the Mohave County Health Department, 12. The Lake Havasu City business license shall be updated to include Boarding, and Lake Havasu City Page 5 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 13. This Conditional Use Permit shall be reevaluated by the Planning Commission after one year to gauge the impact of the use on the neighborhood and determine if any of the conditions need modification to assure minimum impact to the neighborhood. Mr. Morris stated Staff received a letter of opposition and eight letters in support of this item which have been emailed to the Commission and also hard copies distributed this morning to the Commissioners. Mr. Nelson asked if in the RA district it allows this type of use with Conditional Use permit but when you go to the City Code and a person wants to put in a boarding facility, what does that say in regards to sound, or the amount of dogs allowed. Mr. Morris stated there is no specific table with the sound decibel or the number of animals that may be allowed in the City Code, that is the reason why this is going through a conditional use application. Part of the Conditional Use process is to gauge what that impact will be and see if there are ways to mitigate that so it is kind of a case by case basis. Mr. Nelson asked what about ARS13.29.10 [Condition #4]. Mr. Morris stated it deals with animal cruelty- mostly regarding general care of the animals. Mr. Diaz asked for clarification purposes that this original license was approved 10 years ago for a mobile pet grooming and then morphed to what it is today and no one knew about it. Mr. Morris stated that per our records, in 2011 they applied for a mobile pet grooming, going site to site to groom the dogs and use the home as their office. A dog daycare was added to their business license in 2013. Since that time they have been a dog day care at least. The applicant may have more information as to when the full blown boarding has been happening, although Mr. Morris' understanding is that it has been going on for a number of years. Staff has had no complaints up until this time which was a complaint for coming and going of people. Mr. McGowan stated he was happy to see all the concerned people in the audience and asked how many of these people in support of the item live within barking distance of the property. Chairman Harris stated this question can be asked at a later time during the meeting, as Staff would not have that answer. Mr. Mitchell stated the proposed conditions state a maximum of 45 dogs, does that preclude other animals. Mr. Morris stated the request is for dogs only so this will only be for dogs if approved as Staff's suggestions. Mr. Mitchell also stated Condition #5 states "the transfer of animals is between regular business hours" and asked who decides what regular business hours are and if the company changes those business hours, does that change when we are allowing animals. Mr. Morris stated the Commission can modify the Condition and place specific hours, that is certainly under the purview of the Planning Commission. Mrs. Garry, City Attorney, stated what she reads as regular business hours Lake Havasu City Page 6 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 are Monday to Friday, 8 a.m. to 5 p.m. That might have to be clarified as it may not be suitable for this business. Sheila Murphy, applicant, stated she has been a mobile groomer since 2010. In 2013 mobile license says the business is a mobile service home base, it meant that in 2013 she changed the license to Pet Oasis Doggy daycare thinking that the boarding was already included into. She believed that at the time the name change was made, boarding was included as well as the mobile grooming. Copy of what current license application input was given to the recording secretary. Since 2011, Mohave County Health Department Permit (also given to recording secretary) states on inspection sheet that she is a kennel besides a groomer, a kennel is for boarding. She has been part of this community since 1970s. In 2008 lost job in CA and couldn't find a job so started own employment. Researched and got all rules for business at that time. Started business in 2011 small just out of home. In 2015 saw the expansion. Good reputation with city. At that time contacted Sean Sears, her architect and spoke to all departments and drafted grading, walls and fences, design of building, what flooring for drainage, wall moisture barrier, and placement of this building. Entire project was in full knowledge between the City and County that this building was going to be used for a boarding facility. The expansion took five years. In 2016 the grading was completed. In 2017 the fencing and walls built. In 2018 a bone shape pool was installed for the dog's use. In 2019 actual building was erected. In Dec 2020 received a Certificate of Occupancy. Every step of the way was done with plans and permits approved by the Lake Havasu City Planning and Zoning Department. All inspections were done by the City and Mohave County. During all of the stages neither myself or any subcontractor were notified that the project was not in compliance with zoning codes. Our building has been in use for over a year. At a loss as to how we suddenly face a zoning and permitted use over the boarding. Entire expansion was done under full disclosure of what the property and business was going to be. Our business serves our community and customers would be impacted by the closure of our facility. Have good relationship with Humane Society, local vets and two other licensed boarding facilities within the community. Often recommend other dogs if they do not fit our perimeters. Designed and sized the play to allow us to have no more than 50 small and 40 large dogs to maintain a 40X70 square-foot ratio. The play area separates large and small dog use by moveable cages setup. Crates are used to feed dogs, nap time, etc. Maintain 1 person to 15 dogs with 100% supervision in play area. 2400 sq. ft. building installed with noise control insulation and five 1-ton split AC units for climate control. Waste management is stored in air tight container until weekly removal. Ground surfaces sprayed with environment friendly odor eliminator-Urineoff. Property surrounded with block wall or chain link fencing- to access boarding unit you must go through Double gate to minimize risk of escape. Mindful dogs make noise when meeting so 6-foot high wooden fence around night time play and potty area. Pickup and drop off procedures ensure that neighbors are not impacted because of traffic on street. Customers must call Lake Havasu City Page 7 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 us before they arrive. We meet them at the gate-not allowed to drive onto 200-foot driveway. Must be behind the gate before the pets are released. Only receive one customer at a time. Try to make pick up and drop off appointments about every 10 minutes between hours of 5 am and 6:30 pm which are busiest for daycare activities. Pet Oasis maintained an A+ rating with BBB. Over 25 reviews on fb 4.6 with 2 negative reviews-1 from ex staff member and 1 from owner who did not pass review process. Have not had issues with neighbors because of noise, smell, or traffic. According to April 2020 Census, estimated over 24,000 households in Lake Havasu. LHC currently only has 3 licensed boarding and daycare facilities-Pets in Paradise, Novak Animal Veterinarian, and us; however, there are more than 14 in-home businesses that board dogs, who are not licensed or dog sitters. Three letters to submit from neighbors living close to business more than 30 years with no complaints and letters from 3 customers. Also submitting a petition with 10 of closest neighbors within site line in favor or item. Also, signature from 75 customers in favor of this item. Ms. Murphy concluded stating Pet Oasis has tried following all the rules, codes, and industry standards to provide a safe, healthy, and happy environment for the community pets and urged the Commission to allow the business to continue by approving the Conditional Use permit. Sharon Murphy, Sheila's sister, clarified that they do want the customers to come down the 200 foot driveway and wait for them to come get the dogs. The team does a wonderful job working with all of the customers who care about our business and we did think we were in compliance and pleaded the Commission continue to allow them to serve the community with a safe loving wonderful environment. Mr. Diaz, questioned if she understood all the rules and regulations presented [Conditions of Approval] and reviewed them with Ms. Murphy. Chairman Harris asked for clarification of Ms. Murphy's statement of 50 small dogs and 40 large dogs which equals 90 dogs. Ms. Murphy clarified that the 45 dogs is between the boarding and daycare part of the business. Some of our dogs only come for 4 to 5 hours and that is the reason for the timing of drop off between 7 and 9 a.m. for the daycare part of the business. Between 5 and 6:30 p.m. they do the pick up. A lot of customers just come for short terms then we also do boarding within that. Right now, 45 is what our combination is. There are no kennels on the outside of the property. The rear grassy area is the only area on the property. When questioned by Mr. Diaz, Ms. Murphy stated all conditions for approval are being followed except for Condition #6. What we do is make sure that the customers call us, where there is only one vehicle on our property at any given time. When questioned how many staff members. Ms. Murphy stated eight staff members. Lake Havasu City Page 8 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 Mr. Diaz stated, for the record, that Ms. Murphy has a good reputation with Mohave County Health Department. Mr. Nelson stated Condition #6 may be an issue so this may need to be taken care of. Mr. Bergen stated he had quite a bit of concerns at beginning but they have been answered in the presentation. Basically centers on the residential area. Received several letters, most are clients, and only saw one in opposition. The additional structure is a little concern. Talking about 35-60 dogs which means 20-30 people a day coming and going. Main concern is living next door with this being a residential district. How much of a problem would it be to someone living next door to what is actually going on in this property. Mr. Bergen asked Ms. Murphy to address his concern. Ms. Murphy stated next door neighbor downward on lake side is over 350 feet away. On right side from their property to the building is over 550 feet. People across the two washes is over 650 feet for the one directly across and over 700 feet to house below. The closes structure to us is the two twin water towers at 80 feet, going through washes. The building [Pet Oasis] itself is 18 feet below the street level of Bison Blvd.-reason why two 8-foot retaining walls were required. Property surrounded by washes- noise limited to meeting and greeting but all takes place inside the insulated building. The dogs are not caged, not isolated- greeting method prevents noise. This is why neighbors did not know of our business- noise level is at a minimum. Currently averaging 25 to 30 dogs just want to make sure we are able to grow. Mr. Nelson stated we are currently at the situation of too many people coming and going. Are you considering in the future expanding into a commercial operation/location. Ms. Murphy stated most of the traffic is due to the daycare which she is already allowed to do. The issue here is boarding. If you go any given weekend you have 100-250 racers going down that street. Try to keep traffic level due to safety of dogs. Mr. Diaz stated his frustration with something like this. You have a very dedicated business owner. Client has gone through numerous process. She has 10 neighboring property owners who do not have a complaint. Nothing has been hidden and everything has been upfront. Chairman Harris opened the Public Hearing. Ralph Pitlock, live in the neighborhood and walk the street for recreation. He stated he is opposed to running a business. He walked in a little late so missed the presentation; however, had read the notice in the paper. Opposed to rezoning the property to run a Lake Havasu City Page 9 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 business. Mrs. Garry clarified that this is not a rezoning request. It is a Conditional Use Permit which is allowed in certain districts but it has to go before the Planning Commission for those to be granted. Fifteen people (Fred Snow, Greg Briggs, Larry Gibson, Briggit Ridgiam, Ken Gripple, Christie Calleta, Bob Orlay, Leslie Winters-Reed, Veronica Dare, Sharna Walker, Roland Walker, Mark Gripe, Jeff Okamora, Susan Daily, Stephen Thomas) spoke in favor of this request stating the following key points: • Pet Oasis is a wonderful facility with loving owners and staff. • Appointments must be made to pick up and drop off pets- fast efficient process • New facility- no odors, super clean and professional • Trust the staff with their loving pets • True traffic issue is off road racers going up and down Bison Blvd. • Dogs love to run around and are happy- minimal noise • Owner interviews dogs prior to acceptance of daycare/boarding • Different than other locations- not caged • Concerned for Condition #6 - one dog per hour will hurt the business • Necessity for dogs • Adversely affect owners who regularly work and travel on a regular basis Chairman Harris closed the Public Hearing. Mr. Morris stated that based on the findings the Development Services recommends that Item No. 21-3099, be approved for a Major Conditional Use Permit for 4081 Bison Boulevard, Tract 2295, Block 3, Lot 9, to allow boarding and daycare of dogs in the Residential Agriculture (R-A) District with the following conditions: 1. The site is limited to a maximum of 45 dogs, 2. Kennels shall be constructed to prevent direct access by animals to the outside areas of the buildings, 3. Buildings shall be designed and constructed to mitigate noise and odors to limit negative impacts on adjacent properties, and additional noise mitigation may be required for existing buildings not originally built for boarding of animals, 4. The keeping and treatment of animals shall be in compliance with state law (A.R.S. § 13-2910), 5. Transfer of animals shall occur during regular business hours, unless for reasons of a medical emergency, 6. The premises shall be limited to not more than one customer or client contact per hour, 7. Animal breeding is prohibited, 8. Animals must be accompanied by a facility employee at all times when outside of the building, 9. All walking and exercising of animals must take place on facility grounds, Lake Havasu City Page 10 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 10. Solid waste shall be removed from the outdoor areas during periods when these areas are in use and must be stored within secure and odor-free solid waste receptacle, 11. Obtain appropriate approval from the Mohave County Health Department, 12. The Lake Havasu City business license shall be updated to include Boarding, and 13. This Conditional Use Permit shall be reevaluated by the Planning Commission after one year to gauge the impact of the use on the neighborhood and determine if any of the conditions need modification to assure minimum impact to the neighborhood. Ms. Murphy responded to the proposed Conditions and stated they follow all except for Condition #6. Cannot run the business as the Doggy Daycare portion with that as a limitation- that would mean we would only have eight dogs per day. Pet Oasis runs from 7 a.m. to 8 p.m. but the impacting of traffic and everything is from 7 a.m. to 6:30 p.m. Mr. Nelson asked Ms. Murphy if she would agree to one customer or client per hour. Ms. Murphy stated she could work with not more than one customer on the property at any given time. Chairman Harris asked Mr. Morris to pull up home occupation business ordinance. Chairman Harris called for a 5 minute recess at 10:33 a.m. Chairman Harris reconvened the meeting at 10:41 a.m. Mr. Morris and the Commission reviewed the City Code, Accessory Home Occupation, Sections a-l. Chairman Harris stated that it is unfortunate for the misinterpretation of the home business started. City building and permitting process does not look at uses when approving permits. Boarding uses in RA were intended for horses- 4 horses per acre. Chairman Harris believes this particular application goes against some guidelines just read in the City Code. It is unfortunate that it has come to this point because it sounds like you do a commendable job as far as the care of the animals and trying to keep the traffic at a minimum. This is about the allowing a commercial enterprise as such in a residential neighborhood. The Commission needs to keep in mind the quiet enjoyment of neighboring properties and their private property rights. Mr. Nelson does not think this a traffic concern. Whole area is wrapped with State Land. Road can handle traffic. The Conditional Use Permit is what someone looked at and that is what is in question. Not causing undo traffic on this street. The type of business itself, creating a situation where they eliminate the quiet and peaceful environment is what we need to discuss. Lake Havasu City Page 11 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 Mr. Morris stated this is a request for a Conditional Use Permit in the RA District for animal boarding which is an allowed use per the Development Code with this Conditional Use Permit. A Conditional Use Permit is a process whereby it is deemed a conditional use because it is unclear what the impact will have for the neighborhood. Part of that CUP process is conditions on that use. The use is allowed per the table as a Conditional Use process. It is kind of in between a home occupation and conditional use permit. We are looking at how this impacts the whole neighborhood. If a Conditional Use Permit is approved or disapproved, if someone wants to appeal the decision of the Commission, they would make that appeal and it would go before City Council to make final determination. Mrs. Garry reminded the Commission that one of the conditions of approval is that the Conditional Use Permit will be reviewed in 1 yr. Mr. Diaz made a motion with staff's conditions, amending conditions 5, 6, and 13 to read as follows: 5. Transfer of animals shall occur during the hours of 7 am to 8 pm, unless for reasons of emergency. 6. The premises shall be limited to not more than one customer at a time, 13. This Conditional Use Permit shall be reevaluated annually by the Planning Commission after one year to gauge the impact of the use on the neighborhood and determine if any of the conditions need modification to assure minimum impact to the neighborhood. After the motion and second, the Commission had discussions regarding the amount of dogs to be allowed and the hours of operation. Ms. Medley stated to keep in mind this is a conditional use that will be reviewed annually. Mr. Diaz made an amended motion to approve ID 21-3099 for a Major Conditional Use Permit for 4081 Bison Boulevard, Tract 2295, Block 3, Lot 9, to allow boarding and daycare of dogs in the Residential Agriculture (R-A) District with the following conditions: 1. The site is limited to a maximum of 45 dogs, 2. Kennels shall be constructed to prevent direct access by animals to the outside areas of the buildings, 3. Buildings shall be designed and constructed to mitigate noise and odors to limit negative impacts on adjacent properties, and additional noise mitigation may be required for existing buildings not originally built for boarding of animals, 4. The keeping and treatment of animals shall be in compliance with state law Lake Havasu City Page 12 Printed on 1/25/2022 Planning and Zoning Commission Minutes - Final December 15, 2021 (A.R.S. § 13-2910), 5. Transfer of animals shall occur between the hours of 7 AM and 8 PM, unless for reasons of emergency, 6. The premises shall be limited to not more than one customer at a time, 7. Animal breeding is prohibited, 8. Animals must be accompanied by a facility employee at all times when outside of the building, 9. All walking and exercising of animals must take place on facility grounds, 10. Solid waste shall be removed from the outdoor areas during periods when these areas are in use and must be stored within secure and odor-free solid waste receptacle, 11. Obtain appropriate approval from the Mohave County Health Department, 12. The Lake Havasu City business license shall be updated to include Boarding, and 13. This Conditional Use Permit shall be reevaluated by the Planning Commission annually to gauge the impact of the use on the neighborhood and determine if any of the conditions need modification to assure minimum impact to the neighborhood. The amended motion was re-seconded by Ms. Medley and carried by the following vote: Aye: 5 - Bergen, Nelson, Mitchell, Medley and Diaz Nay: 2 - Harris and McGowan 7. CALL TO PUBLIC Stephen Thomas stated he has an issue with what he said about the number of dogs. You said you would have an issue with 45 dogs on that property. But we are allowed 6 dogs or animals per residence. How many houses can you build on a 1-acre plot- 4 or 5? Well that's about 24 to 30 dogs on the same size property. 8. FUTURE MEETING The next Regular meeting will be held January 5, 2022. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 11:15 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 13 Printed on 1/25/2022