Planning and Zoning Commission

Jim Harris, Chairman Lake Havasu City Don Bergen Police Facility David Diaz 2360 McCulloch Blvd North Dan McGowan Lake Havasu City, Arizona Gabriele Medley 86403 Chad Nelson www.lhcaz.gov Suzannah Ballard, Alternate Sam Levin, Alternate Planning and Zoning Commission Regular Meeting Matthew Mitchell, Alternate Minutes - Final Wednesday, January 19, 2022 9:00 AM 1. CALL TO ORDER Chairman Harris called the meeting to order at 9:03 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Harris led the Pledge of Allegiance. 3. ROLL CALL Alternate Member Ballard was seated. Present: 6- Jim Harris, Donald Bergen, Chad Nelson, Suzannah Ballard, Gabriele Medley and David Diaz Absent: 3- Dan McGowan, Matthew Mitchell and Sam Levin 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris stated the public seating area layout is a bit different due to a Tri City Council meeting held right after the Planning Commission meeting at 12:30 p.m. Mr. Morris stated the City Council unanimously approved, at their last meeting, the PD Rezone on Lake Havasu Ave N to MU-G, not allowing storage units. Additionally, the Boards and Commissions Workshop video is now available and will be sent to the Commission for viewing at their leisure. 5. MINUTES Ms. Ballard made a motion to approve both sets of minutes as presented, seconded by Mr. Bergen and carried by the following vote: Aye: 6 - Harris, Bergen, Nelson, Ballard, Medley and Diaz Approval of Regular Meeting Minutes from December 15, 2021 and January 5, 2022. 6. PUBLIC HEARING ID 21-3108 Request for a Zone Change for 6590, 6600, 6700 Chenoweth Drive and 1800 and 2000 Victoria Farms Road, for 39.54 Acres of Property from Lake Havasu City Page 1 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 Light Industrial/Planned Development (LI/PD), Industrial (I), and Agriculture/Preservation (A-P) to Manufactured Home (RMH) District Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property consists of three properties and portions of two others, with a total of 39.54 acres. • They are located east of Highway 95, with access from both Chenoweth Drive and Victoria Farms Road near a signalized intersection of Chenoweth Drive at HWY 95. • The subject properties are vacant and undeveloped. • Located within the City’s sewer service area and EPCOR Utilities’ water service area. • The abutting properties to the northwest are developed as storage units. • The abutting properties to the north, east, and south are undeveloped. • The subject properties are zoned Light Industrial/Planned Development (LI/PD), Agriculture/Preservation (A-P) and Industrial (I). • The abutting properties are a mix of LI, LI/PD, A-P, and I zoning districts. • The applicant recently submitted a General Plan amendment to reclassify the property to High Density Residential. • The General Plan amendment was approved by City Council on December 14, 2021. • The applicant’s Letter of Intent proposes a “residential community aimed at addressing the current housing challenges that Lake Havasu residents are facing. The community is planned to be 350+ housing units and accompanying amenities.” [Villages Conceptual Proposed Site Plan shown on screen] • The applicant’s attached Villages Site Map shows four Villages distributed across the subject property. • Village 1 indicates RV Spaces, Village 2 includes Tiny Houses, and Villages 3 & 4 are set aside for Manufactured Homes. • A management office and gated entry are shown near the main entrance on Victoria Farms Road. • Various amenities such as a clubhouse, pool, spa, tiki bar, cabanas, sports courts, etc., are also shown on the conceptual plan. • These residential and accessory uses may be allowed in the Manufactured Home (RMH) District, which is an allowable zoning district for the High Density Residential General Plan category. Waylon Gates, applicant, stated they went through this presentation at the last P&Z meeting [General Plan Amendment for same properties] so he did not feel the need for another presentation of the same exact information and apologized for anyone that may not have been present at that time. He stated he was available for any questions and asked for the Commission's vote in favor. There were no questions of Mr. Gates. Chairman Harris opened the Public Hearing. Lake Havasu City Page 2 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 Steve Mint, President of Property Owner's Association for Havasu RV Resort, stated they had some general discussion in their resort. The notice for this meeting only went out to small people as some of the residents are outside of the 300 radius. He did attend the first meeting. The following are concerns received from the Havasu RV Resort residents: 1) Not in my back yard from 397 property owners. They understand the need for lower income residents, but they are concerned about the long term impact on the value of their properties. 2) Infrastructure-concerns for egress/ingress- Victoria Farms Road is a very narrow road and now you are adding 350 homes - additional traffic. 3) Impact of flood plain- part of the resort is in the floodplain and concerned about impact once they start moving dirt around. 4) EPCOR water issue-concerns about impact to us-will we have enough water and water pressure. Mr. Nelson stated the property is currently zoned Light Industrial. He asked if Mr. Mint knows all the uses of Light Industrial. Mr. Mint said, generally speaking - yes. Mr. Nelson stated you know what could go there- loud noisy operations that could affect property values there. Chairman Harris stated that, effectively, this is a reduction in zoning. Ken Watkins, Bulldog Disposal Recycling owner, stated he is against rezoning echoing similar concerns. He is concerned people will complain about what they do, as a business, when the other industrial areas go away. Concerned about industrial property going away in Lake Havasu City. Big Lumber facility just rezoned property along Victoria Farms, behind Bulldog Disposal, which they have been there for 6-8 years now. Businesses need to keep industrial so businesses like them can stay in the area. Mr. Watkins wants progress in Lake Havasu City, but on the same token, need industrial businesses to be able to relocate to supply all the supplies for this growth. This is the ideal place to keep the industrial zoning. Chairman Harris stated anyone moving there should know what the zoning is prior to moving there. Mr. Watkins stated there is a lot of noise in the area already, so this area needs to be kept as industrial. Mr. Gates stated he has met with Mr. Mint and is working with them and their concerns. As far as infrastructure, a traffic impact study will address any concern issues. Regarding the floodplain, we found out two weeks ago that FEMA has revised the floodplain in this whole area that should be a published revision shortly-within the year. Floodplain will address their community in a positive way. Working with that revision to ensure our design will improve the characteristics of that whole area. The Water Concerns- EPCOR claims they have plenty of water for this. In order for any development to occur, there Lake Havasu City Page 3 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 needs to be water there. Currently, there is very limited development up both Victoria Farms Road and Chenoweth Drive because anything north of Chenoweth, is in EPCOR water district. Any development will require significant infrastructure to be possible. One of the biggest hold on development here is due to that. As far as Mr. Watkins, this is a good place to do this type of development because of what it is. It is in an area that is affected by noise from the airport, Bulldog recycling, rock grinding-not an ideal residential area, but there are no other contiguous areas for this type of project. Chairman Harris closed the Pubic Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends that the Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 21-3108, a Zone Change for 6590, 6600, 6700 Chenoweth Drive and 1800 and 2000 Victoria Farms Road, for 39.54 Acres of Property from Light Industrial/Planned Development (LI/PD), Industrial (I), and Agriculture/ Preservation (A-P) to Manufactured Home (RMH) District. This item will go to the City Council’s 02/08/22 Meeting Mr. Bergen stated the City is getting filled up with part-time residents. This on the agenda would be designed for more and more part-time residents and he cannot go along with that. Mr. Diaz believes that there is a stigma in their minds about manufactured home properties. If done right, he believes that this is exactly what is needed to help mediate the needs for viable workforce housing. Will it be perfect, probably not, but it is a step in the right direction. Mr. Nelson stated he has attended a lot of the meetings for this project. Mr. Bergen's concern is valid but the intent of this project is to develop workforce- to keep people here, not really to attract people. Not sure how the developers will mitigate that. Mr. Diaz made a motion to approve Item 21-3108 [a Zone Change for 6590, 6600, 6700 Chenoweth Drive and 1800 and 2000 Victoria Farms Road, for 39.54 acres of property from Light Industrial/Planned Development, Industrial, and Agriculture/Preservation to Manufactured Home District] with staff's recommendations. The motion was seconded by Mr. Nelson and carried by the following vote: Aye: 5 - Harris, Nelson, Ballard, Medley and Diaz Nay: 1 - Bergen ID 22-3131 Request for a Minor Amendment to the Future Land Use Map of the Lake Havasu City Page 4 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 City’s General Plan for 40 Retail Centre Boulevard, Retail Centre-2 Parcel B, to Change the Future Land Use Designation from Employment to Medium Density Residential Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property measures 17.91 acres and is vacant and undeveloped. • It is located west of Highway 95, on Retail Centre Boulevard, south of the Shops at Lake Havasu. • The abutting properties to the north, west, and south are also vacant. • There is an electrical substation near the southwest corner of the property. • The property to the east, across Retail Centre Boulevard is developed with a boat and RV sales use. • City water and wastewater are available at the property. • The subject property and the properties to the north, east, and south are zoned General Commercial (C-2). • The property to the west is owned by the State of Arizona, is outside the City limits, and has a Mohave County designation of General Commercial. [Future Land Use Map 1 shown on screen] • Since the subject property totals less than 40 acres and is considered outside the original platted area, the Commission and City Council can review this application as a minor General Plan amendment. • The applicant’s Letter of Intent asks to amend the City’s General Plan Future Land Use Map to facilitate development of residential uses for the property. • The General Plan Amendment is the first step in this process. • If this request is successful, the applicant then proposes to submit a request to rezone the property to an appropriate residential zoning district. • The applicant’s letter proposes “an obtainable house development consisting of duplex and single-family dwelling units. The dwelling units will be in the 700 to 900 square- foot range with an attached garage.” [ Zoomed in Future Land Use Map 1 shown on screen] • The General Plan Future Land Use map designates all the property in the immediate area as Employment. • The Employment classification is appropriate for uses such as light manufacturing, research and development, professional office, and office/showroom. • The requested Medium Density Residential future land use designation is intended to provide opportunities for a mix of housing options and densities. • The Growth Projections and Capacity Section of the General Plan discusses how future zone changes relate to the future land use plan/map. It suggests that changes may be made by the Commission and City Council if proposed land use/zoning proposals are consistent with other goals and policies within the General Plan. Table 4-3 indicates 2,589 total acres currently designated within Lake Havasu Lake Havasu City Page 5 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 City’s incorporated area for Employment (industrial uses). • The lack of land dedicated to low cost housing is a problem for many cities in Arizona, including Havasu. • This proposal asks the City to consider changing our philosophy regarding affordable/ attainable housing in this specific area by changing the designation to medium density residential paving the way for a rezoning to begin to address a housing shortage. • The existing platted area cannot adequately address our housing shortcomings. Therefore it is appropriate for the Commission and City Council to consider how and where Lake Havasu City can address the housing issues in a more efficient manner. • The proposed amendment is in conformance with the goals and policies within the City’s General Plan. Mr. Nelson stated that we need housing in general; however, he does not want the appearance from the community that the Planning Commission is pushing this along as affordable housing without having seen plans, prices, or additional information. We have seen in this town that R-2 and R-3 multi-plex properties are typically bigger, but with the advent of RV garage homes, people are taking R-3 lots where you can get maybe six to ten structures and building one RV garage home. Mr. Nelson is looking at this request as a good thing where we can create some residential space; however, he does not want it to come as affordable because the Commission does not know if this is affordable yet. Chris Stark, one of the project owners, provided some renderings and a site preliminary plan of what is being proposed. The intention is to do the amendment of the General Plan to convert the property from C-2 to Medium Density housing, specifically, attainable workforce housing. The project will consist of approximately 1,000 square-foot garage with 700-900 square-foot pre-manufactured home on either side, almost like a duplex. Making the project architecturally appealing to benefit the community, not just low income . Workforce for locals to build, as well as 136 families to boost mall area which is in dire need of some activity. Mr. Nelson stated this looks like an awesome project. Most people who live here recreate and have toys- the need for the garage is huge for Havasu families. Mr. Nelson asked for pricing. Mr. Stark stated they have some ideas of the high 2s [hundred thousands], and low 3s [hundred thousands], pretty much the cheapest you will find here, especially with a nice descent size toy storage garage for people's vehicles. Mr. Nelson stated he is for a project like this, especially because you will not find a bunch of stuff in the yard. Want to be careful about using "affordable" as a headline. Ms. Ballard asked if these units which are relatively small in comparison, about 1000 square feet for the garage and 700-900 square feet for the home, are typical for a family residence. Mr. Stark stated it is fairly descent- the 900-square foot will be a 3 bedroom/2 bath home, the 700 one will be 2 bedroom/2 bath facility. Not targeting the person who wants to build a 6000 square foot house with a 6000 square foot garage. We are targeting Lake Havasu City Page 6 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 the person who wants to build a smaller house but they still have toys and vehicles and like to enjoy the activities in Lake Havasu. Ms. Ballard stated her concern is that with a 1000 square foot garage and a small residential unit, whether this does not make it more appealing to people coming here looking for a 2nd home and a place to store their toys. There is no way to control who you sell these units to if they are sold to investors. What our workforce really needs is rental units not just units to buy. We are really short in the rental units available. Ms. Ballard asked Mr. Stark if there is anything in the HOA that prohibits them from saying less than 30 day rentals. Mr. Stark stated they have not explored that option but is something they can entertain. Mr. Stark added that the project will be encompassed by storage unit condos. Currently have plans and ready to submit for storage condos but due to needs of Havasu, this feels like a more of a benefit to the City. Mr. Nelson asked what the light gray area is on the proposed site preliminary plan. Mr. Stark stated that is the electrical association. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Moris stated that based on the findings, the Development Review Committee recommends Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 22-3131, a Minor Amendment to the Future Land Use Map of the City’s General Plan for 40 Retail Centre Boulevard, Retail Centre-2 Parcel B, to change the Future Land Use Designation from Employment to Medium Density Residential. This item will go to the City Council’s February 22, 2022 meeting with the Planning Commission's recommendation. Mr. Bergen stated he has the same concern that he has been expressing. He can understand that part-time residents are visiting and that is fine, we need that for the City. However, the far north of community is becoming that. If these non-residents, after a while they want to become residents after a while, that is fine. Do we adequately have that type of housing for them, he does not think so; therefore he has the same concerns. After the motion was made and seconded, Mr. Diaz mirroring Ms. Ballard's concern stated that we do have to figure out a way, working with City Council, the developers and their HOA, how to try to prevent people from buying and just using these for vacation homes. In that case, it is not affordable housing. They can be $100,000 but if someone is just buying them and then using them as a vacation home, then it is not for our workforce. This is a step in the right direction, but we have to keep this in mind as we approve these for recommendation. We need them but we have to see if somehow we can bake them into the recipe. Mr. Nelson stated there is only so much the developers can do. Housing is regulated by Lake Havasu City Page 7 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 the federal government. There are fair housing rules that they have to abide by. I would also recommend that the developers look into the fair housing rules. See how they can offer this to first time residents first or primary home buyers so that this does not become second homes or all investment property. We are going to see that but they have to follow the fair housing rules. Mr. Nelson addressed Mr. Bergen's concern- what can we do as a Planning Commission so that it does not become a denial every time, but how can we help them. What can we recommend that they do, so that they can address these concerns before they bring this to the table. Ms. Ballard made a motion to recommend that the City Council approve Land Use Action No. 22-3131, a Minor Amendment to the Future Land Use Map of the City’s General Plan for 40 Retail Centre Boulevard, Retail Centre-2 Parcel B, to change the Future Land Use Designation from Employment to Medium Density Residential. The motion was seconded by Mr. Nelson and carried by the following vote: Aye: 5 - Harris, Nelson, Ballard, Medley and Diaz Nay: 1 - Bergen ID 22-3130 Request to Amend the Parking-In-Common Masterplan for 3337 Maricopa Avenue, Tract 2217, Block 19, Lot 13 to Allow Vehicular Access for a Drive-Thru Coffee Use in the Commercial Southgate (C-SGD) District Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The vacant subject property is located at the northwest corner of Maricopa Avenue and Lobo Drive. • The abutting lots to the west, and those to the east, across Lobo Drive, are zoned Commercial Southgate District (C-SGD) and developed as commercial uses with their parking areas matching the approved PIC plan. • The property to the north across the alley, is zoned R-SGD and developed with residential uses. • Two travel isles with 4 total rows of parking and access off of Lobo Drive. • Subject property is 100 x 200 feet, twice as large as abutting properties. • This request is to amend the approved Parking-In-Common (PIC) plan to allow vehicular access for a coffee drive-thru. • The proposed drive-thru lane disrupts the layout of the masterplan for this area, so the PIC Amendment is required. [Proposed Site Plan shown on screen.] • The applicant’s letter of intent proposes a drive-thru coffee shop for the property. • The site plan shows access via new driveways from Maricopa Avenue and Lobo Drive with the drive-thru structure located within the buildable area of the lot (rear). • It also shows internal drive aisle connections to the abutting property and the alley. • Driveway locations will be fully reviewed as part of the design review for the project. Lake Havasu City Page 8 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 • Per the Development Code, a drive-thru requires a minimum of three stacking spaces, and these are shown on the site plan. • Design Review for Development Code compliance and traffic analysis are required to ensure compliance with all applicable city codes, including driveway locations, parking, and vehicle stacking requirements will be required before building permits are issued to develop the property. Applicant present; however refrained from speaking. 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 an amendment to the Parking-In-Common Masterplan for 3337 Maricopa Avenue, Tract 2217, Block 19, Lot 13, to allow vehicular access for a drive-thru coffee use in the C-SGD District, with the following conditions: 1. The project shall substantially match the site plan submitted with the application, 2. Design Review and traffic analysis are required to ensure compliance with all applicable city codes, including driveway locations, parking, and vehicle stacking requirements, and 3. If the property is not developed per this approval, it shall be developed to conform to the original PIC Masterplan. Chairman Harris, referring to Condition #2, "design review and a traffic analysis", to what extent do you want a traffic analysis. Mr. Morris stated it will depend on what Pubic Works is looking for. Typically, a traffic analysis will not be full blown, but the minimum requirement to ensure it will not cause any traffic issues. After the motion was made, Mr. Nelson added that this is a great presentation where the applicant has not tried to disrupt the parking-in-common and instead is utilizing it. Mr. Bergen stated the Commission has discussed a couple of projects fairly recent that could have a negative effect on Bashas. This one may too; however, this one is quite okay as it does fit quite well into this particular area. Yes, it may affect some of the business in Bashas, but that is how competition works. He also added that the property for sale sign was up but the zoning sign was down again. Mr. Bergen feels the project fits spacing/area well. Mr. Diaz agrees with Mr. Nelson that the parking-in-common area is taken care of and thanked the applicant for being a young entrepreneur in Lake Havasu. Mr. Nelson made a motion to approve ID 22-3130, a request to amendment to the Parking-In-Common Masterplan for 3337 Maricopa Avenue, Tract 2217, Block 19, Lake Havasu City Page 9 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 Lot 13, to allow vehicular access for a drive-thru coffee use in the Commercial Southgate District, with staff's recommendations [the following conditions: 1. The project shall substantially match the site plan submitted with the application; 2. Design Review and traffic analysis are required to ensure compliance with all applicable city codes, including driveway locations, parking, and vehicle stacking requirements; and 3. If the property is not developed per this approval, it shall be developed to conform to the original PIC Masterplan.] The motion was seconded by Ms. Ballard and carried by the following vote: Aye: 6 - Harris, Bergen, Nelson, Ballard, Medley and Diaz ID 22-3132 Request for a Major Conditional Use Permit for 35 Retail Centre Boulevard, Tract 2392, Block 1, Parcel G-1, to Allow Outdoor Storage of Various Electric and Gas Related Equipment in the General Commercial (C-2) District Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The 8.18-acre subject property is located on Retail Centre Boulevard just south of the Shops at Lake Havasu. • It also fronts on both Showplace Avenue and Airport Centre Boulevard, and backs to Highway 95 right-of-way. • The property falls gradually from the east to the west. • A drainageway flows through the northern portion of the property and then curves along the north property line to Retail Centre Boulevard. • The abutting properties are zoned General Commercial (C-2) or General Commercial Planned Development (C-2/PD). [Site Plan 1 & With Overlay 2 shown on screen] • The applicant’s Letter of Intent states that UniSource Energy Services is currently in the process of purchasing the property to develop as an operations center that will consolidate the company’s office and warehouse functions into a single location. • The plan also includes outdoor storage of various electric and gas related equipment. • Per the Permitted Uses Table, the proposed office and warehouse uses are allowed by right in the C-2 zoning district. • However, the outdoor storage portion of the request requires approval of a Conditional Use Permit. • These outdoor storage includes transformers, switches/gears and wire, pole racks, scrap poles, gas pipes and sleeving racks, and trailers on the west half of the property. Will show in more detail. • The site plan submitted with the request shows two development areas separated by a drainageway [Site Plan- North Area shown on screen] Lake Havasu City Page 10 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 • The northern area is accessed from Showplace Ave and includes an office building, with associated covered and surface parking. [Site Plan- South Area shown on screen] • The southern development area shows an entrance from Showplace Avenue. • This area includes a warehouse building near the middle of the east property line, a staging area, fleet and support vehicle surface and covered parking. [Site Plan- West Area shown on screen] • An electrical conduit three-sided roofed structure, fuel area, wash bay and maintenance building, and various areas of outdoor storage. This is where the outdoor storage is located (subject area for this request). These include the transformers, switches/gears and wire, pole racks, scrap poles, gas pipes and sleeving racks, and trailers on this west half of the property. • Development Code includes development standards for outdoor storage and street frontage landscaping that will apply to this development. [Site Plan with fence and screening] • Based upon review of the Development Standards, staff suggests the Commission may want to use the following conditions of approval as a starting point for this project: 1. A minimum 6-foot tall solid CMU screen wall shall be provided along Retail Centre Blvd, the southern edge of the drainageway, and the Highway 95 right-of-way. 2. A minimum 6-foot tall, 60% opaque screen wall shall be provided along the southern property line. 3. Landscaping shall meet all the requirements of the Development Code, including the 10 -foot landscape buffer with the required shrubs and trees along all rights-of-way, including Highway 95. • These suggestions meet the minimum requirements of the screening and street frontage landscaping standards of the Development Code. The screening walls are shown on the proposed site plan. A Landscape Plan was not submitted. • The Commission may impose additional conditions regarding landscaping, buffering, lighting, parking and traffic circulation to help mitigate potential impacts. • Some additional conditions for discussion may include additional street frontage landscaping tree requirements and/or enhanced screen walls to help buffer the outdoor storage uses. Mr. Nelson stated the Commission for years has been trying to develop and help develop this NorthGate area and have also been trying to protect it. What conversation is Staff having with the applicants when they come in proposing a project like this. Mr. Morris stated that when applicants approach staff about a property they are seeking to develop, staff looks at the Permitted Uses Table and Development Code, works with the applicant, and explains what can and cannot be allowed. Staff may caution the applicant that the northern part of town is an area that is of interest to the Planning Commission, City Council and the citizens so they should maybe be a little more aware of that this area is Lake Havasu City Page 11 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 under some scrutiny. That in no way determines what staff tells them what is and is not able to be allowed in that area. Staff also lets them know in this case if there is a Conditional Use permit required, then the reason provided is that we are trying to minimize and impact this use may have in the area. Planning Commission is able to add stipulations or conditions to the Conditional Use permit to help modify or offset any impacts this use may have in the area. If someone comes in, Staff does not tell them, "you should not do this here", you say, "this is what you want to do? Well, here is how it could happen", but advise them that this is an area under scrutiny and so they should be aware of that. Ms. Ballard asked if the six foot tall is an opaque wall, what is it the material of the screen wall. Mr. Morris stated the most common is chain link with slats, although you can also do a wooden fence with gaps between the slats. The applicant may be able to share more details. Ms. Ballard also stated that they are entertaining landscape which it could be dense or minimal screen wall going across the street from a property that we just talked about going residential. If this project is approved, is that type of a screen wall pertinent or should it be a block wall. Chairman Harris stated he can sympathize with Unisource needing a storage facility, laydown yard, and warehouse facility; however, this may be a bit of a reach as this is a little more Industrial than what this area is planned for. Should this go forward the Planning Commission can put stipulations through the Conditional Use permit. He submits that a 6-foot tall block wall is not enough- feels the need for an 8-foot block wall surrounding the entire property-similar to what is done with the substations. Ms. Ballard asked what overhead lines are considered for the storage area. Mr. Morris stated he believes the area is set for storage of the equipment and material. He does not believe there is overhead lines coming into that area. Chairman Harris asked if there would be a training pole in this area which would be detrimental to the view and site corridor. Guy Eckland, R-O-W Agent with Unisource Energy Services (UES), stated they have Administrative offices on Maricopa Avenue and are a gas and electric provider for AZ and Lake Havasu. Currently have two locations, one for administrative offices and one for warehousing operation. Outgrowing facilities and seeking a location to find an appropriate location to consolidate the facilities. Thanked Mr. Morris for helping with this process. Understands the screening concerns. If work needs to be done to the plan, happy to consider recommendations from the Commission. Mr. Eckland, Christopher Ortiz, Planner with Unisource and Selberg Associates who designed the site plan were available for questions. Chairman Harris asked if there will be any training facilities with regards to Lake Havasu City Page 12 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 climbing poles or anything like that. Mr. Eckland stated no plans have been proposed for that type of training. Ms. Medley asked if Unisource is open to changing the entire perimeter to an 8-foot CMU block wall. Mr. Eckland asked if the Commission is including the administrative building area north of the wash. Mr. Morris showed the site plan on screen again and pointed out the office building. Chairman Harris then suggested that the wall need not incorporate the northern portion if it worked its way along the southern edge of the drainage. Mr. Morris clarified the location. Chairman Harris stated that in order to mitigate this industrial use they need to screen it with an 8-foot wall. Chairman Harris asked Mr. Eckland what the standard height of a substation wall is. Mr. Eckland stated he has seen them vary in height. Chairman Harris stated he has seen them as high as 10-feet. Mr. Nelson, stated that a few months ago the Commission denied a U-Haul facility that was going to look nicer than this project. The only thing they were storing outside was nice travel trailers and things of that nature. Chairman Harris asked, should this not go further, what other options do you have. Mr. Eckland stated they would continue operating out of their two locations until they are able to locate and identify a suitable site for this operation. He is open to the Commission's recommendation. Chairman Harris opened the Public Hearing. Rob Sampson, Selberg Associates, clarified a couple of things. JR Motors is adjacent on south side of this property so there will be motor homes of varying sizes up against the fence line. Every dollar spent here gets passed on to the rate payers so it is not like we have a lot of options here for power and gas in this area. The way the mall has evolved- used to be a retail focused mall but they have not been - only Omni-type channel businesses now. This is an opportunity to use and to bring more to retail area, bringing more people into this area. It is not another storage facility but it is employee based and a good benefit for this area. Mr. Nelson, agreed with everything Mr. Sampson said; however, this is a square peg, round whole situation. We are having to protect this Northgate district. We are trying to protect what people see, how our City is represented right when they drive in. It is unfortunate that so much time and energy has been invested into this spot. No complaints with Unisource as they have been a great company within the City. Mr. Sampson stated the proposed office building is Class A. If this was the first building from the mall, I could see it; however, there is transitioning going on. You have retail, transition utility space, Lake Havasu City Page 13 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 and then storage space. This mall is not working. You have to look at using the land to its best component. Eventually a storage facility will be requested on this site- how many times are you going to say no. This is a viable option with a nice building. Transformers are 6 to 8 foot tall. Many of the buildings will not be seen from the street level-possibly from the highway. The proposed uses for the surrounding area was discussed by Planning Commission and staff. As a citizen of Lake Havasu, Mr. Sampson did not feel this project is a detriment to the City and will only help more businesses come to the mall, in his opinion. Tiffany Wilson, concurred with everybody. The mall or surrounding area is not what it used to be. As a community resident for 20 years, she finds it hard to take highway frontage to put this business there. Even with an 8 to 10-foot wall we are still looking at was is proposed to be a storage facility of industrial equipment. Her personal opinion is that there is still allowable space within the community where a better suited location can be found. When questioned about the possible location by Chairman Harris, she stated that part of the conversation held today stated there is plenty of area that is fully Industrial on Chenoweth Road. There is plenty of property there that is not highway frontage that would give them the same ability to put up what they are proposing. Mr. Diaz agrees that we should not give up on the mall. If this project is allowed on that property, we are announcing defeat. Working with the right people, maybe they can find the right spot. Chairman Harris closed the Pubic Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of Item No. 22-3132, for a Major Conditional Use Permit for 35 Retail Centre Boulevard, Tract 2392, Block 1, Parcel G-1, to Allow Outdoor Storage of Various Electric and Gas Related Equipment in the General Commercial (C-2) District with the following conditions: 1. The development shall substantially match the site plan as presented in this request. 2. A minimum 6-foot tall solid CMU screen wall shall be provided along Retail Centre Boulevard, the southern edge of the drainageway, and the Highway 95 right-of-way. 3. A minimum 6-foot tall, 60% opaque screen wall shall be provided along the southern property line. 4. Landscaping shall meet all the requirements of the Development Code, including the 10-foot landscape buffer with the required shrubs and trees along all rights-of-way, including Highway 95. Ms. Ballard did not see what the total property size, Mr. Morris stated it is 8.18 acres. Lake Havasu City Page 14 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 Mr. Nelson stated that, for the record, we know the proposed UES building will be nice- everything is good there. If that warehouse is turned to cover the entire length of the 95 frontage with some building standards and architectural review, something like this could work as long as the frontage is protected. Covered fleet vehicles will be visible from highway; we want to screen that stuff from the highway. Nelson would recommend to deny but come back with confirmed site plan. Vehicles will be visible from highway and this Commission is really trying to protect that Northgate. Chairman Harris stated this is a difficult decision as UES and parent company does a pretty good job here in this town- we need to try to accommodate them. However, this site is a little problematic. Thinks it can be mitigated with a tall fence. By giving up that property, we are giving up the opportunity for that location. It is not our property to give up anyway, the Commission is here to agree or disagree on a Conditional Use permit. Chairman Harris believes UES does a good job and would keep the yard rather pristine, but the bottom line is that there will be a lot of equipment to be seen above an 8 or 10 foot wall - line trucks and things like that. Likes the idea of a potential re-design and screening Highway 95 in appearance with the warehouse. Likes the idea of changing Condition #2 to a minimum of an 8 foot or 10-foot height. Also likes the idea of potentially doing the CMU wall across the southern boundary so that vehicles driving up Highway 95 will not be able to see into the yard-only the top of the vehicles. Mr. Nelson made a motion to deny [ID 22-3132] which was seconded by Mr. Diaz. The motion failed due to a lack of a majority vote with a tie as follows: Aye: 3 - Nelson, Medley and Diaz Nay: 3 - Harris, Bergen and Ballard Mr. Morris advised the Commission that the Planning Commission is the approving body for a Conditional Use Permit. Mrs. Garry, City Attorney, stated since the first vote failed due to a lack of a majority vote, the Commission may make another motion, if it chooses to do so. Mr. Nelson stated that, at this point, all we are doing is giving them advice to come back to the Commission. Technically, the item could go to City Council under an Appeal. Mr. Diaz stated Unisource does great for us. He is hoping that, with the help of their realtor, they can find a parcel for a bigger operating headquarters. He does not want to close the door for prime real estate. Mr. Nelson stated everyone says the mall is failing; however, that is not a true statement. The mall is succeeding. Look at all the applications that are coming forth. The property will not sit there very long, but he feels that Unisource did not do their homework with how much the Commission is trying to protect the Northgate with esthetics. The Planning Commission was sold something that did not happen with the original storage units. It is not the applicant's fault, but it is other people's Lake Havasu City Page 15 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 fault, that the Commission has to be more protective of this property. The Commission has been open about what could possibly be passed. Mr. Eckland asked for a continuance of this hearing so that Unisource could work on the design taking into account all the comments heard today. Chairman Harris asked Mrs. Garry what procedure would be if the Commission decided to table this item. Mrs. Garry stated that as long as it is acceptable to the department we would have to re-advertise. It is basically treated as a new item. You can continue it to a date certain. Mr. Morris stated that if you continue to a date certain, then anyone who had a meeting of this notice would know the certain date. If it is a date uncertain then we would have to re-advertise. Mr. Diaz stated his concern is that we are sending a message to the applicant that all they need to do is to come back with what we have decided or discussed today, and that it is going to get approved. But what if some of the Commission is opposed to having Industrial on that property. Chairman Harris stated that is where the Commission exercises their vote. After the second motion failed again due to a lack of a majority vote, Chairman Harris informed the applicant their recourse is to Appeal to City Council, if they wish to pursue this item. Mr. Diaz made a motion to deny [ID 22-3132] which was seconded by Mr. Nelson. The motion failed due to a lack of a majority vote with a tie as follows: Aye: 3 - Nelson, Medley and Diaz Nay: 3 - Harris, Bergen and Ballard ID 22-3122 Review and Discuss the Parking Standards for Multi-Family Development Mr. Morris stated there has been an increase in multiple-family developments within the City and the Commission recently requested to review and discuss the parking standards for multiple family development. He stated Parking is quite a big section of the City Code so Multiple-Family is what is being focused on today. Chairman Harris stated the reason he requested this is that we get a lot of questions during these applications about if there is sufficient parking. The Commissioners may not be aware that prior to the items coming before the Commission, Staff has already reviewed parking standards. Usually there is no problem with parking. Mr. Morris gave a brief overview of the Current Standards for Multi-Family and Uptown area zoning map standards. Based on the number of bedrooms in the unit: Lake Havasu City Page 16 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 • R-UMS and MU-UMS districts: • 1 parking space per unit- regardless of the number of bedrooms. All required spaces must be covered. • All other districts: • 1 space/dwelling unit containing 1 or fewer bedrooms; • 1.5 spaces/dwelling unit containing more than 1 bedroom. • Plus 1 space/5 dwelling units for visitor parking. • At least 1 space per unit must be covered R-UMS and MU-UMS are the areas in the Uptown McCulloch Blvd area. The idea is that this will be a more compact area- more pedestrians walking. Mr. Nelson stated everything looks good, the only thing that he would add is that we typically do not round up or down. There were a couple of applications that were 9 dwelling units and we rounded down instead of rounding up. Mr. Morris stated that for every 5 dwelling units you need to have at least one guest parking space. Mr. Nelson suggested rounding up instead of truncating parking requirements. Mr. Diaz stated that with these smaller mini houses that come with just one car garage, typically what the Commission is questioning is the feasibility of parking. Mr. Morris stated a lot of this is going to come down to the HOA or person in charge of that particular development making it clear of what is and what is not allowed in that particular development. There are a lot of people in Havasu that do not have boats and RVs that may end up being wasted space. The developer pays a premium to provide parking. If you are providing parking that could be extra area that could be set aside for homes as opposed to parking. The developer balances that based on what the minimum requirements are. Is it worth the while to provide parking above and beyond? It may cut into their profit and it may cut into the number of units that they can provide. The Development Code is intended to help provide additional housing options without over burdening developer. Ms. Ballard stated that when considering one parking per unit, you are assuming there will only be one adult living in that unit, as opposed to 2 people per unit. Mr. Morris clarified that the one space per unit is only in the M-U and R-UMS downtown area. The other portion is based in the number of bedrooms per unit. 7. CALL TO PUBLIC None. 8. FUTURE MEETING The meeting scheduled for February 2, 2022 has been cancelled due to room availability. Next Regular meeting date will be held on February 16, 2022. Lake Havasu City Page 17 Printed on 2/16/2022 Planning and Zoning Commission Minutes - Final January 19, 2022 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:53 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 18 Printed on 2/16/2022