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 20, 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 Members Mitchell & Lehr were seated. Present: 7- Jim Harris, Donald Bergen, Chad Nelson, Matthew Mitchell, Gabriele Medley, David Diaz and Paul Lehr Absent: 2- Sam Levin and Suzannah Ballard 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris gave a City Council meeting update. The Code Amendments, recommended by Planning Commission were approved, except for the item dealing with the height for R-M District adjacent to Single Family Residential, which Council felt should be kept at 18 feet and voted as such. Right now, R-M District across the City is allowed to have a height of 30 feet; however, in the Code, it is limited to 18 feet when adjacent to Residential Single Family. The request was to make it all 30 feet, the way is was originally. City Council elected to not approve that portion of the Code amendments. 5. MINUTES Approval of Regular Meeting Minutes from April 6, 2022. Mr. Nelson made a motion to approve the minutes of the last meeting as written, seconded by Mr. Bergen and carried by the following vote: Aye: 7 - Harris, Bergen, Nelson, Mitchell, Medley, Diaz and Lehr 6. PUBLIC HEARING ID 22-3256 Request for a Preliminary Subdivision Plat for Tonto Desert Oasis Condominiums, at 2831 Tonto Drive, Tract 2257, Block 2, Lot 4, Creating a 6-Unit Residential Condominium Subdivision in the Residential Southgate Lake Havasu City Page 1 Printed on 5/4/2022 Planning and Zoning Commission Minutes - Final April 20, 2022 (R-SGD) 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 Tonto Drive between Inca Way and Warrior Drive. • The properties to the West and North are zoned Residential Single-Family (R-1) District and developed as single-family uses. • The properties to the South and East are zoned Residential Southgate (R-SGD) District and developed with single-family and multi-family uses. [Preliminary Plat Map shown on screen] • The site is currently a developed 6-unit multi-family complex that was built in 2019. The proposed condominium plat will convert the units into condominiums and allow them to be individually owned and included as part of an association along with the common portions of the development. • The project includes: • 6 residential units with attached garages or detached carports • Common shared area and Public Utility Easement • The project will have a property owners association to manage and maintain the association improvements. • Common area will be privately owned and the water and wastewater within the subdivision is installed and maintained by the association. Lee Johnson, APL Surveying stated the front four units are three bedroom, two and a half bath with two car garage units and the rear are two-bedroom, two and a half bath with two dedicated covered carports. He was available for any questions; however, there were none. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Kearns stated that based on the findings, the Development Review Committee recommends approval of Land Use Action 22-3256, a Preliminary Subdivision Plat for Tonto Desert Oasis Condominiums, at 2831 Tonto Drive, Tract 2257, Block 2, Lot 4, creating a 6-Unit Residential Condominium Subdivision in the R-SGD District.. Mr. Nelson stated that the Preliminary Plat shows a trash enclosure at the bottom that is not currently located on site. Instead, they have individual bins which are kind of scattered along the driveway at times. He requested that the dumpster requirement be added as part of the motion. Mr. Morris stated that the project is developed already, this plot map converts the project into a subdivision. He added that recycling is monitored by Republic Services, and in this case they allow individual trash bins. Mr. Morris appreciates Mr. Nelson's concern about trash enclosure; however, this issue is more of a design review item. Lake Havasu City Page 2 Printed on 5/4/2022 Planning and Zoning Commission Minutes - Final April 20, 2022 The Commission had additional conversation regarding the 12 individual bins vs dumpster. In regards to adding the dumpster requirement to the motion, Mrs. Garry, City Attorney stated that if this is outside the realm of topic that is being presented for today, the Commission cannot add it to the motion. Today, what is before you is approving the preliminary plat map. Mr. Lehr added that if it is a nuisance to have the trash containers visible, perhaps this may be something that Code Enforcement can address. Mr. Diaz made a motion to approve Item 22-3256 [a Preliminary Subdivision Plat for Tonto Desert Oasis Condominiums, at 2831 Tonto Drive, Tract 2257, Block 2, Lot 4, creating a 6-Unit Residential Condominium Subdivision in the Residential Southgate District]. The motion was seconded by Mr. Bergen and carried by the following vote: Aye: 7 - Harris, Bergen, Nelson, Mitchell, Medley, Diaz and Lehr ID 22-3255 Request to Amend Ordinance No. 07-873, Removing the Zoning Change Conditions of Approval for 2124 Kiowa Boulevard N, Tract 2192, Block 9, Lot 3 Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property measures .54 acres and is vacant and undeveloped. • It is located on the south side of Kiowa Boulevard N, across from Fire Station #2. • The abutting properties to the east are a commercial development, to the west an approved open storage use, and to the south are multi-family residential uses. • The properties to the east and west are zoned General Commercial (C-2). • The property to the south is zoned Multiple-Family Residential (R-3). • The properties to the north, across Kiowa Boulevard are zoned Public Lands (P-1) and Light Industrial (LI). • Attaching conditions of approval for a zoning change request is unusual and is not typically considered good planning practice today. It is acceptable to include conditions of approval for a Planned Development (PD) rezone. For a PD rezone, approval conditions are usually linked to exception requests to the underlying zoning and the typical application includes a development plan for the project. Approvals may then be based on the requested exceptions and the submitted development site plan. In the 2007 rezone, that property owner did not ask for a PD rezone and did not present a development plan or ask for any exceptions from the C-2 zoning district. • The PD zoning designation also gives a “heads-up” to perspective property purchasers that the underlying zoning may have some special conditions. The subject property is not zoned C-2/PD, so the current property owner was not aware that there were conditions on the property that do not apply to other C-2 zoning lots. • It appears that the City Council approved these conditions because they thought they Lake Havasu City Page 3 Printed on 5/4/2022 Planning and Zoning Commission Minutes - Final April 20, 2022 would be in keeping with the abutting existing development to the north and a proposed project to the south. • The project to the south never developed and the property was rezoned to remove the PD which prohibited outdoor storage. Numerous properties in this area since 2007 have been developed as C-2 properties and have outdoor storage as permitted by the current development code. • The property owner wishes to use the property for outdoor storage; therefore, this request has been submitted to remove the following conditions of approval: 1. No outdoor storage shall be allowed 2. All permitted uses shall be contained within the buildings 3. Six-foot masonry wall shall be provided along the rear property line. The wall shall be architecturally compatible with the commercial building(s). • Removing the conditions should not have a negative impact on the area. • Conditions 1 and 2 do not allow outdoor storage. However, outdoor storage use is currently allowed in the C-2 zone with a Conditional Use Permit (CUP). Impact on abutting properties will be considered during the CUP review process. • Condition 3 is currently a standard requirement for outdoor storage. The Development Code includes the requirement of a minimum 6-foot-tall masonry screen wall to screen the use from the abutting residential zoning and the right-of-way. Condition 3 is not necessary since it is already part of the Development Code. • Staff supports removing the three Conditions of Approval from Ordinance No. 07-873. Mr. Diaz asked what happened in 2007 that these three conditions were added. Mr. Morris stated he believes that in 2007 there was a storage unit development to the north, and a similar proposed project to the south. Both had a planned development (PD). Per the plan on the southern development, City Council was not allowing outdoor storage. That PD rezone to the south got amended and the properties got rezoned back to C-2. Reviewing notes and minutes from the Planning Commission and City Council, it appears the Council wanted to keep this property in line with adjacent projects. Mr. Morris stated that upon the recent submittal of a Minor Conditional Use Permit for the outdoor storage use, it was discovered that there were three conditions placed on the property through a rezone that occurred in 2007. Chairman Harris added that he recalls that particular property. The business that was projected to go in there was of a nature that did not quite fit the area. He believes it was an automotive facility and that the adjacent and rear residential property owners were concerned so those conditions, as Mr. Harris recalls, were added because of that. Mr. Nelson clarified that this request is just removing these three conditions and that it is not reverting it to any other type of zoning. He also asked if the applicant does outdoor storage, what are the current requirements as far as fencing, driveway apron, landscaping, Lake Havasu City Page 4 Printed on 5/4/2022 Planning and Zoning Commission Minutes - Final April 20, 2022 electricity, etc. Mr. Morris stated if this gets approved, basically his conditions of approval will be removed from the Ordinance and it will be like any other C-2 zoned property. There are development standards for outdoor storage uses and will be reviewed per Development Code for this zoning through the Design review and Conditional Use process. Justin Plehn, applicant, said Mr. Morris' thorough presentation stated all and he is available for questions; however, there were none. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends the Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 22-3255, amending Ordinance No. 07-873, removing the zoning change conditions of approval. Mr. Nelson made a motion to approve ID 22-3255 with staff's recommendations [recommend that the City Council approve Land Use Action No. 22-3255, amending Ordinance No. 07-873, removing the zoning change conditions of approval]. The motion was seconded by Mr. Mitchell and carried by the following vote: Aye: 7 - Harris, Bergen, Nelson, Mitchell, Medley, Diaz and Lehr ID 22-3237 Request for Multiple Text Amendments to Lake Havasu City Code Title 14, Zoning (Development Code), to Add Development Standards, Minimum Density Requirements, and Minimum Building Height Requirements to the Residential Uptown McCulloch Main Street (R-UMS) District and the Residential Commercial and Health (R-CHD) District Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: The Planning Commission reviewed and discussed the development standards for the R-UMS and CHD Multi-Family Districts on February 16, and March 16, 2022. After discussion, the Planning Commission directed staff to prepare Development Code amendments including the following: 1. Add a minimum density for units/acre. 2. Require a minimum of two levels with further discussion to allow the possibility of a portion of the structures to be single level. 3. Require architectural enhancements for the portions of the structures facing the right-of-way. 4. Require a pedestrian link to the street. Lake Havasu City Page 5 Printed on 5/4/2022 Planning and Zoning Commission Minutes - Final April 20, 2022 Based on this direction from the Commission, staff prepared the following proposed amendments to the Development Code: 1. Added a minimum density of 15 dwelling units per acre to the R-UMS and R-CHD Districts. 2. Added two potential code change options for discussion requiring structures with dwelling units to be at least two levels where height allows in the R-UMS and R-CHD Districts. 3. Added architectural enhancement requirements for structures with street-facing elevations exceeding 20 feet in length. 4. Added requirements for doors facing the right-of-way to have a minimum 3-foot- wide sidewalk directly linking the structure to the street. Staff also included a housekeeping amendment to Table 2-10, correcting the minimum depth of the front yard from 20 feet to 10 feet in the R-UMS District. Mr. Morris further discussed the proposed changes in detail as follows: General Description, Table 14.02.03.H, Table 2-10, R-UMS District Dimensional Standard Summary- Added a minimum density row of 15 Units/Acre. No changes to maximum density. Staff also corrected a typo of minimum depth for front yard from 20 to 10 feet, so as to not conflict with Residential Summary Table. General Description, Table 14.02.03.I, Table 2-11, CHD District Dimensional Standard Summary- Added a minimum density row of 15 Units/Acre. No changes to maximum density. Proposed language for 14.02.03.H, R-UMS: Residential – Uptown McCulloch Main Street 14.02.03.H.4. Other Standards and 14.02.03.I, R-CHD: Residential - Commercial and Health District 14.02.03.I.4. Other Standards discussed in detail as follows (Same language proposed for both districts): a. General All development shall comply with all other applicable regulations in this Development Code including, without limitation, the Permitted Use regulations in Article 3 and the Form and Development regulations in Article 4. b. Building and Site Design All development shall comply with the following standards 1) OPTION 1: At least 60% of the footprint of structures with dwelling units shall be at least two levels in height where structures exceeding 18 feet in height are allowed. -OR- 1) OPTION 2: Structures with dwelling units shall be at least two levels in height where structures exceeding 18 feet in height are allowed. Lake Havasu City Page 6 Printed on 5/4/2022 Planning and Zoning Commission Minutes - Final April 20, 2022 2) Any structure over 20 feet in length facing a right-of-way shall include architectural enhancements such as pop-outs, decorative stone, non-habitable porches or stoops, or similar features on its street-facing elevation. 3) Any man door facing the right-of-way shall have a minimum 3-foot-wide sidewalk directly linking the structure to the street. Footnotes [9] See Section 14.02.03.H.4 for minimum building level requirements and [10] See Section 14.02.03.I.4 for minimum building level requirements to be added to Table 4.01-1: Dimensional Standards for Residential Districts. This will allow people to be aware they can go up to 42 feet in height; however, they will be directed to another section that states you still may have to have a two stories or one story and a certain percentage of two stories-depending on the Commissions recommendation today to City Council. Mr. Nelson stated these recommendations look great. He mentioned he would like to see at least 50% be two story. He also stated that Item 2 should read "All structures" facing a right-of-way should have architectural enhancements. He suggested adding "habitable/" to "non-habitable" porches or stoops portion of this requirement. Mr. Lehr asked if level has ever been defined. He could think of level as a story, a mezzanine, etc. He likes the creativity a level implies, but would like to see it more defined. Chairman Harris, agrees and feels the amendment should say story. Mr. Morris stated Staff can make that change throughout the document and change "level" to "story". Chairman Harris stated that in regards to Mr. Nelson's comment he would suggest that any structure that faces the street should have some sort of an esthetic appeal. Mr. Diaz referring to density asked, on average, what are you seeing built as a minimum. Mr. Morris referred to ten existing developments. He brought them up on the screen and showed the density per acre for each development, well over or meeting the density per square footage being proposed today. Mr. Diaz expressed his concern regarding the limited parking with these high density residential developments. Chairman Harris opened the Public Hearing. John Parrot, employed by Coldwell Banker Commercial Realty, asked if C-USD or C-UMS are affected by this item. Mr. Morris stated this item only applies to the R-CHD and R-UMS residential districts. There is no commercial in these residential zoning districts. Mr. Parrot gave an example of a property he owns; however, that property was not applicable to this scenario. Lake Havasu City Page 7 Printed on 5/4/2022 Planning and Zoning Commission Minutes - Final April 20, 2022 Lee Johnson, APL Surveying, agrees with Mr. Diaz on the parking issue if you increase density. He stated parking was met on the last three or four parking projects with the minimum density, yet at every meeting, every comment was nothing but parking. Now you are telling the applicants they have to go higher heights, multiple stories. If you increase density, hard to meet parking spaces. Mixed bag at what you are looking at. As soon as you go up higher, code is going to require additional parking. Now you are not going to meet the density. Chairman Harris adding to Mr. Johnson's comments stated that with conflicting requirements you may render some of these properties unbuildable. Chairman Harris closed the Public Hearing. Mr. Morris showed a couple of slides illustrating the one level and two level building elevation proposals for Options 1 and 2. Mr. Morris stated that based on the findings, the Development Review Committee recommends the Planning Commission forward a recommendation of approval to City Council for Land Use Action No. 22-3237, amending Title 14, Zoning (Development Code), per the Tracked Changes R-UMS & R-CHD Code Changes document, selecting Option 2 for 14.02.03.H.4 R-UMS Other Standards and Option 2 for 14.02.03.I.4 R-CHD Other Standards. This item will be heard at the City Council’s May 24, 2022, meeting with the Commission’s recommendation. Ms. Medley asked if the parking requirement is a code issue. Mr. Morris stated the parking requirement is in the code and offered to review it for these two districts; however, Chairman Harris did not feel it was necessary. Chairman Harris stated he has a problem with the minimum density and does not think we are quite there yet because of what Mr. Johnson brought up. We are going to have a conflict by trying to force a minimum density versus the parking. When you start to get more density with higher capacity units, it is going to require more parking. We do have some parking restrictions that are probably going to be in conflict and feels there should be more thought given to this minimum density rather than just saying it has to be 15 units per acre. Maybe some sort of mitigating verbiage for when there is a conflict. Examples of current projects with higher density units that support staff's recommendation were reviewed by Mr. Morris again. These developments are more typical of a downtown area. Jeff Thuneman, Development Services Director stated that with no minimum you can technically have a single family residence. That is one philosophy, so that we do not get a single family downtown area. He also pointed out that some of these developments that Lake Havasu City Page 8 Printed on 5/4/2022 Planning and Zoning Commission Minutes - Final April 20, 2022 we are currently seeing meet the 15-unit minimum per acre. Mr. Thuneman encouraged the Commission to always remember that there is the PD process in place. The City sets these standards but if the developer comes and says, "I can't meet these parking standards", or "I can't meet the 60% or two story requirement", etc., they can submit a request for a PD that allows the developer to come back to the Commission and state reasons why and ask for forgiveness on any zoning district. Mr. Nelson made a motion to recommend approval [to the City Council] of Land Use Action No. 22-3237, amending Title 14, Zoning (Development Code), per the Tracked Changes R-UMS & R-CHD Code Changes document, selecting Option 2 for § 14.02.03.H.4 R-UMS Other Standards and Option 2 for § 14.02.03.I.4 R-CHD Other Standards with the following changes: 1. At least 50% of the buildings to be two-story, 2. Change "level" to "story", and 3. Require any structure facing the right-of-way to include architectural enhancements such as pop-outs, decorative stone, porches or stoops, or similar features in its street-facing elevations. The motion was seconded by Mr. Mitchell and carried by the following vote: Aye: 6 - Harris, Bergen, Nelson, Mitchell, Medley and Lehr Nay: 1 - Diaz 7. CALL TO PUBLIC None. 8. FUTURE MEETING The next Regular meeting is scheduled for May 4, 2022. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:55 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 9 Printed on 5/4/2022