Planning and Zoning Commission

Jim Harris, Chairman Lake Havasu City Suzannah Ballard Police Facility Don Bergen 2360 McCulloch Blvd North David Diaz Lake Havasu City, Arizona Gabriele Medley 86403 Chad Nelson www.lhcaz.gov Paul Lehr, Alternate Sam Levin, Alternate Planning and Zoning Commission Regular Meeting Matthew Mitchell, Alternate Minutes - Final Wednesday, April 6, 2022 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 Lehr was seated. Present: 8- Jim Harris, Donald Bergen, Chad Nelson, Sam Levin, Gabriele Medley, David Diaz, Paul Lehr and Suzannah Ballard Absent: 1- Matthew Mitchell 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris stated that there are a number of terms on the Commission that are expiring on June 30, 2022. Among those terms is Mr. McGowan's term. In lieu of appointing someone to replace Mr. McGowan until June 30th, Staff has decided to make new appointments for all of the renewing members. The Regular Members whose terms are expiring are Mr. McGowan, Mr. Nelson and Mr. Bergen, and Alternate Members Mr. Mitchell and Mr. Levin. If any current Commissioner wishes to reapply or apply for a Regular or Alternate position, please contact the City Clerk's office by June 3, 2022. Mr. Morris explained that the process has changed a little. The applicants will now go before an interview panel who will then advise the City Council. The City Council will then make their selection at a City Council meeting. 5. MINUTES Approval of Regular Meeting Minutes from March 16, 2022. Mr. Nelson made a motion to approve the minutes of the last meeting. The motion was seconded by Mr. Diaz and carried by the following vote: Aye: 7 - Harris, Bergen, Nelson, Medley, Diaz, Lehr and Ballard 6. PUBLIC HEARING Lake Havasu City Page 1 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 ID 22-3230 Request for a Preliminary Subdivision Plat for Ocotillo Ridge Condos, at 2020 Swanson Avenue, Tract 2268, Block 9, Lot 10, Creating a 7-Unit Residential Condominium Subdivision in the Residential Uptown McCulloch Main Street (R-UMS) District Mr. Kearns thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property is located on Swanson Avenue between Smoketree Avenue and Mariposa Drive. • The properties to the west, south, and east are zoned R-UMS and developed as multi- family uses and vacant lots. • The properties to the north are zoned Mixed-Use Uptown McCulloch Main Street (MU-UMS) District and developed with commercial uses. [Preliminary Plat Map shown on screen] • The site is currently vacant but building permits have been submitted and Design Review is underway. • The proposed condominium plat will allow the units to be individually owned and they will be part of an association along with the common portions of the development. • The project includes: • 7 residential units with attached garages • Parcel A -Shared Area and Public Utility Easement • Parcel B - Common Pool area • The project will have a property owners association to manage and maintain the association improvements. • Parcels A and B will be privately owned and the water and wastewater within the subdivision will be installed and maintained by the association. Lee Johnson, APL Surveying stated Mr. Kearns did a good presentation and that he is available for any questions. Mr. Nelson asked if Mr. Johnson had any elevations to show what this district is trying to do, to communicate the relationship between the walking paths and the structures. The preliminary plan looks like it is just a side of a garage. Mr. Johnson did have an elevation; however, it is not the most current one under design review. Mr. Morris stated this project is going through design review. The project has Units A & G closest to the street. Those garages facing the street have a detail like an archway pop out to break up that expanse. This is not something typically the Commission would review for a preliminary plat; however, Mr. Morris mentioned it for their knowledge that with the design review, the applicant has added some relief on the face of the wall that faces Swanson Ave. This is based on the current approvable conditions. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Lake Havasu City Page 2 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 Mr. Kearns stated that based on the findings, the Development Review Committee recommends approval of Land Use Action 22-3230, a Preliminary Subdivision Plat for Ocotillo Ridge Condos, at 2020 Swanson Avenue, Tract 2268, Block 9, Lot 10, creating a 7-Unit Residential Condominium Subdivision in the Residential Uptown McCulloch Main Street District. Ms. Ballard stated that according to site plan, it looks like there is a single car garage and no extra parking indicated. She questioned if there will be parking allowed on Swanson Ave. Mr. Kearns stated that by current city code, in this district, they are only required to have one parking space. The one car garage suffices the current City Code, additionally, they have two guest parking spaces that is currently extra on top of their one space requirement. The development meets current code. No parking allowed on Swanson. Mr. Nelson stated that in his opinion, the sides of those buildings [facing Swanson Ave] need more than just a pop out detail. For example, a man door in the middle that looks like a front door, or like it is a structure facing the street. He also commented on the location and orientation of the dumpster. Mr. Nelson asked how much leverage does the Commission have to help push this property in this hybrid situation where we are trying to beautify Swanson and also help the applicant. Mr. Morris stated we can only review the application per the current code. The current code does not require the face of those buildings to be dressed up at all. The developer has added a feature that will help break up that plane of that wall. Any new standards will not become the standards until 30 days after City Council approves the item. The higher density and design standards the Commission has been discussing are not applicable right now. In this subdivision plat, the Commission is not looking at the design of the building but the lot size, creation of the lots/units for sale. Mr. Morris told Mr. Nelson he admires Mr. Nelson's thoughts in trying to get ahead of things; however, we may be jumping a little too far, as this project is allowed to develop as it is now per the current codes. Mr. Nelson asked what are landscaping standards for this development. Mr. Nelson stated this is outside the scope of the subdivision preliminary plat review, but the landscaping standards are a number of trees and shrubs in the first 10 feet of the property and then a minimum square footage overall of landscaping, all to be reviewed during design review for the project. Alternate Member Lehr made a motion to approve [Land Use Action 22-3230, a Preliminary Subdivision Plat for Ocotillo Ridge Condos, at 2020 Swanson Avenue, Tract 2268, Block 9, Lot 10, creating a 7-Unit Residential Condominium Subdivision in the Residential Uptown McCulloch Main Street District]. The motion was seconded by Ms. Ballard and carried by the following vote: Aye: 7 - Harris, Bergen, Nelson, Medley, Diaz, Lehr and Ballard Lake Havasu City Page 3 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 ID 22-3227 Request to Amend the Parking-In-Common Masterplan for 3565 & 3569 Maricopa Avenue, Tract 2217, Block 16, Lots 9 & 10 to Allow Vehicular Access for a Restaurant Drive-Thru Use in the Commercial Southgate District (C-SGD) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property consists of two adjacent lots located on Maricopa Avenue between Outpost Drive and McCulloch Boulevard S. • The total property measures 100 feet x 250 feet and is vacant. • The abutting lots to the west and east are zoned Commercial Southgate District (C-SGD) and developed as commercial uses with their parking areas generally matching the approved Parking-In-Common (PIC) plan. • The property to the north across the alley, is zoned Residential Southgate District (R-SGD) and is vacant. [PIC Master Plan Map shown on screen.] • This request is to amend the approved PIC plan to allow vehicular access for a restaurant drive-thru. • The proposed drive-thru lane disrupts the layout of the masterplan for this area, so the PIC Amendment is required. • One intent of the PIC masterplan is to help control the number of driveways on Maricopa Avenue. • Lots in this area are 50 feet wide. • Allowing driveways every 50 feet may be a concern for traffic management. • Therefore, the PIC Masterplan calls out limited driveway locations with shared parking spaces and travel aisles to help reduce the traffic conflicts of multiple driveways. [Site Plans shown on screen.] • The applicant’s letter of intent proposes a restaurant and drive-thru for the property. • The Site Plan shows the restaurant building and drive-thru stacking located within the buildable area of the lot with access from Maricopa Avenue via the existing driveways on the adjacent lots. • It also shows internal drive aisle connections to the abutting properties and the alley, with the drive-thru lane wrapping around the restaurant leading to the pick-up window. • Per the Development Code, a drive-thru requires a minimum of three stacking spaces. • The site plan submitted with the request shows a drive-thru lane wrapping around the restaurant leading to the pick-up window. • The design exceeds the three required stacking spaces. • Full Design Review for compliance of the Development Code and traffic analysis are required before construction permits may be issued. • Staff received no objections to the request from any review agencies. Lake Havasu City Page 4 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 Samir Slatewala, attending the meeting remotely, stated he has been working with the CIty and is available for any questions; however there were none. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Based on the findings, the Development Review Committee recommends approval of Land Use Action 22-3227, an amendment to the Parking-In-Common Masterplan for 3565 & 3569 Maricopa Avenue, Tract 2217, Block 16, Lots 9 & 10 to allow vehicular access for a restaurant drive-thru use in the Commercial Southgate District, with the following conditions: 1. The project shall substantially match the site plan submitted with the application, 2. Design Review and traffic analysis as required to ensure compliance with all applicable city codes, including driveway locations, parking, and vehicle stacking requirements, 3. Properties shall be combined prior to development, and 4. If the property is not developed per this approval, it shall be developed to conform to the original PIC Masterplan. Mr. Nelson made a motion to approve ID 22-3227 with staff's recommendations [an amendment to the Parking-In-Common Masterplan for 3565 & 3569 Maricopa Avenue, Tract 2217, Block 16, Lots 9 & 10 to allow vehicular access for a restaurant drive-thru use in the Commercial Southgate 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, 3. Properties shall be combined prior to development, and 4. 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 Mr. Bergen and carried by the following vote: Aye: 7 - Harris, Bergen, Nelson, Medley, Diaz, Lehr and Ballard ID 22-3228 Request for a Planned Development Rezone Amending the Approved Development Plan for 1975 Daytona Drive, Tract 2313, Block 1, Lot 1, in the Single-Family Residential/Planned Development (R-1/PD) District for a School Building and Multi-Purpose Facility Ms. Ballard recused herself due to a conflict of interest. Alternate Member Levin was seated in Ms. Ballard's position. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: Lake Havasu City Page 5 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 • The 8.18-acre subject property is located on Daytona Dr, east of Mulberry Ave near Greentree Dr. • It is home to three buildings, including a 23,500 sq. ft. church, a 12,400 sq. ft. educational building, and a 4,300 sq. ft. pavilion that is under construction. • The abutting properties are all zoned Single-family Residential (R-1) and are developed with a mix of homes and a few vacant lots that all back to the church property. • In 2002, the property was zoned Limited Multiple-Family (R-3) and was rezoned to Light Agricultural/Planned Development (A-1/PD) by Ordinance No 02-677, allowing a new church building and a total of three buildings on the site. • The A-1 zone allowed buildings up to 40 feet in height. • In 2016, the Development (Zoning) Code was updated. As part of the update, the A-1 zoning district was eliminated and the property was reclassified from A-1/PD to R-1/PD because the surrounding properties were also zoned R-1. • The allowances and conditions of the previous Planned Development Rezone still apply, including a building height of up to 40 feet and a total of three buildings. • On February 8, 2022, the City Council approved a Planned Development Amendment to allow adding two buildings to the site, including a school building and a gymnasium. [Previously approved Site Plan was shown on screen.] • The approval was based on the site plan submitted at that time, which showed the two separate new buildings. [Proposed Plan shown on screen.] • This Planned Development Amendment is required because applicant has modified the most recently approved development plan by combining the separate school and gymnasium buildings into one school/multi-purpose building. • This is considered a major change from the approved development plan. • The letter of intent and site plan submitted with the request shows the existing church, education building, and pavilion. • It also shows an additional proposed 27,567-square foot building to be built in two phases. • The new building includes a 13,230-square foot school as Phase 1, and a 14,337- square foot addition, with additional classrooms and multi-purpose facility, as Phase 2. • The building is in the southwest area of the property about 50 feet from the rear property lines of the abutting single-family lots to the northwest. • The proposed building will not exceed 30 feet in height. Exterior building elevations for the building were not provided. • Parking calculations provided with the request indicate a total of 325 parking spaces are required for the existing and proposed uses and 398 spaces are proposed. • The parking meets the Development Code requirements. • Design Review and building permit review will be required prior to development of the property. • Staff’s recommendation includes the same conditions as the most recently approved Lake Havasu City Page 6 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 PD Amendment. Rob Sampson, Selberg Associates stated he had no presentation today as this project has already gone through this process with the Commission. The applicant had a neighborhood meeting where the neighbors expressed some concern due to proximity of the building to Daytona. A few other elements came up during the meeting. Mr. Sampson errantly tried to present this site plan to City Council. City Council approved Phase 1; however recommended the applicant come back to the Commission for Phase 2, which is a different configuration of the Site Plan previously approved. Mr. Sampson is here today to follow CIty's process. 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 the Planning Commission forward a recommendation of approval to the City Council for Land Use Action 22-3228, for a Planned Development Rezone amending the approved development plan for 1975 Daytona Drive, Tract 2313, Block 1, Lot 1, in the Single-Family Residential/Planned Development (R-1/PD) District for a school building and multi-purpose facility, with the following conditions: 1. The development shall substantially match the Site Plan provided with the request, 2. The site is limited to those buildings shown on the Site Plan, 3. The new buildings shall be setback at least 50 feet from the property lines, 4. Building height for any new structures shall not exceed 30 feet, 5. Windows providing views of the abutting residential properties shall not be located on the northwest portion of the new buildings, and 6. Design Review for compliance with the Development Code and the conditions of this approval shall be required for the project prior to building permit issuance. This item will go to the City Council’s May 10, 2022 meeting with the Commission’s recommendation. After the motion was made and seconded, Mr. Diaz asked if any of the six conditions changed from the previous approval of this item. Mr. Morris stated nothing has been added, these are the same conditions as the previous approval for this item. Mr. Bergen made a motion to approve ID 22-3228 with staff's recommendations, [recommend approval to the City Council of Land Use Action 22-3228, for a Planned Development Rezone amending the approved development plan for 1975 Daytona Drive, Tract 2313, Block 1, Lot 1, in the Single-Family Residential/Planned Development District for a school building and multi-purpose facility, with the following conditions: 1. The development shall substantially match the Site Plan provided with the request, Lake Havasu City Page 7 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 2. The site is limited to those buildings shown on the Site Plan, 3. The new buildings shall be setback at least 50 feet from the property lines, 4. Building height for any new structures shall not exceed 30 feet, 5. Windows providing views of the abutting residential properties shall not be located on the northwest portion of the new buildings, and 6. Design Review for compliance with the Development Code and the conditions of this approval shall be required for the project prior to building permit issuance. The motion was seconded by Mr. Nelson, that this Planning Item be Recommended for Approval. The motion carried by the following vote: Aye: 7 - Harris, Bergen, Nelson, Levin, Medley, Diaz and Lehr ID 22-3229 Request for a Zone Change for 40 Retail Centre Boulevard, Retail Centre-2 Parcel B, from General Commercial (C-2) to Manufactured Home (RMH) District Ms. Ballard resumed her position and Mr. Levin stepped down. Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property measures approximately 18 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. [Area Map Shown on screen.] • The applicant recently submitted a General Plan amendment to reclassify the property to Medium Density Residential. • The General Plan amendment was approved by the City Council on February 22, 2022. • The Medium Density Residential land use category is appropriate for the Manufactured Home (RMH) District. • The applicant’s Letter of Intent asks to amend the zoning from General Commercial (C-2) to RMH District to facilitate development of residential uses for the property. • Specifically, they propose to develop approximately 150 new homes with a mix of various sized manufactured homes that would be sold to an individual on leased land. Lake Havasu City Page 8 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 • After a rezone approval, the owner may submit applications to develop the property. • During the development process water, wastewater, traffic, Right of Way improvements, and fire department access will be reviewed for compliance with City standards. Mac Hall, Iris Development Services, stated he was there to answer any questions. Mr. Nelson asked Mr. Hall if he is doing a Planned Development (PD) on this? Mr. Hall stated probably so, to modify some of the requirements that are in the development code for manufactured homes. The project has not gotten that far in the process but there will probably be a PD with some of the restrictions in the landscaping requirements for that. Mr. Nelson commented that his only concern is that if we [Commission and City Council] make the change now and the property goes up for sale the new owner may change the plan, so he was hoping to see a PD along with this request. 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 the Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 22-3229, a Zone Change for 40 Retail Centre Blvd, Retail Centre-2 Parcel B, from C-2 to RMH District. This item will go to the City Council’s May 10, 2022 meeting with the Commission’s recommendation Mr. Nelson asked if going from C-2 to RMH without a PD, what are the lot size requirements for RMH. Mr. Morris, referencing the Zoning Code, stated that an RMH has a minimum lot size of 7200 square feet and minimum lot dimension of 60X120. Mr. Nelson asked Mr. Hall if this item gets approved, will those lot sizes apply. Mr. Hall stated if they were looking at doing a subdivision, then yes; however, since this is leased land, it will be one big lot. The reason for the leased land is to get the duplexes in and so forth. Mr. Morris added that a manufactured home park is allowed in the RMH. Manufactured Home Park is typically one large property with spaces on it. There may be spaced dimensions that will be layed out per the minimum required standards of the development code for a manufactured home park. If the applicant wants to rezone this to RMH and it sounds like they want to do a manufactured home park, one big property where they would lease out spaces, they would not create individual lots for these spaced units, they would just lease the land under it for space. There are minimum requirements for spaces and the design for the manufactured home park. If they were looking for any exceptions to that manufactured home park, then they may need to come back and ask for a planned development rezone to include any amendments or any exceptions they may be looking Lake Havasu City Page 9 Printed on 4/22/2022 Planning and Zoning Commission Minutes - Final April 6, 2022 for the manufactured home park. Mr. Morris believes their intent is to make it meet the Manufactured Home Park Standards. If it doesn't, you may see them back for a planned development rezone for this property. Ms. Medley asked Mr. Hall if he has a timeline for this project. Mr. Mac stated they are trying to move as quick as possible. Grading plans are about three-fourths complete so they will be submitting for an at-risk grading permit within two weeks and infrastructure plans to follow about two months from that. Mr. Nelson appreciated the clarification from Mr. Morris and Mr. Mac as he is trying to avoid double work during this process. Mr. Diaz made a motion to approve Item 22-3229 with staff's recommendation, [to recommend that the City Council approve Land Use Action No. 22-3229, a Zone Change for 40 Retail Centre Blvd, Retail Centre-2 Parcel B, from General Commercial to Manufactured Home District]. The motion was seconded by Ms. Medley and carried by the following vote: Aye: 7 - Harris, Bergen, Nelson, Medley, Diaz, Lehr and Ballard 7. CALL TO PUBLIC None. 8. FUTURE MEETING The next Regular meeting is scheduled for April 20, 2022 and Staff has received items to be presented. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:43 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 10 Printed on 4/22/2022