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 Matthew Mitchell, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, May 4, 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 Lehr and Mitchell were seated. Present: 6- Jim Harris, Donald Bergen, Chad Nelson, Matthew Mitchell, Gabriele Medley and Paul Lehr Absent: 3- Sam Levin, David Diaz and Suzannah Ballard 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris announced the upcoming expiration of terms in June for Commissioners Nelson and Bergen. Mr. McGowan's vacated position is also expiring the end of June. Additionally, terms for Alternate Members Mitchell and Levin are also expiring. Members who wish to reapply or apply for a Regular or Alternate position, may contact the City Clerk's office or City Staff for an application. The deadline to apply is June 3, 2022. Any appointments will be made by City Council on June 28, 2022. New terms will start the first meeting in July. 5. MINUTES Approval of Regular Meeting Minutes from April 20, 2022. Mr. Nelson made a motion to approve the minutes of the last meeting. The motion was seconded by Ms. Medley and carried by the following vote: Aye: 6 - Harris, Bergen, Nelson, Mitchell, Medley and Lehr 6. PUBLIC HEARING ID 22-3279 Request for a Planned Development Rezone Major Amendment to the Lake Havasu City Page 1 Printed on 6/2/2022 Planning and Zoning Commission Minutes - Final May 4, 2022 Previously Approved PD 01-005 for 2110, 2160, 2170, 2180, and 2190 Swanson Avenue, Tract 2268, Block 2, Lots 1 Through 11, in the Mixed Use Uptown McCulloch Mainstreet District/Planned Development (MU-UMS/PD) District, Replacing Assisted Living Units, Memory Care Units, Restaurant, Health Care, and Medical Office Uses, for Lots 2 Through 5, with Multiple-Family Residential Uses Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject properties measure about 1.56 acres and are located on Swanson Avenue near University Way just west of Acoma Boulevard. • Arizona State University lies to the south and east. The Views at Lake Havasu retirement facility lies to the west. The properties to the north, across Swanson Avenue are a mix of vacant lots and developed commercial uses. • The vacant lots are part of the overall Planned Development (PD) and consist of Lots 2 through 5. • The surrounding properties are zoned Mixed Use Uptown McCulloch Mainstreet District (MU-UMS) and MU-UMS/Planned Development. [2001 approved Site Plan for Eyes of Arizona was shown on screen.] • In 2001, the Eyes of Arizona Planned Development was approved by City Council. • The property included Lots 1 through 11 and was rezoned from Limited Commercial (C-1) to Limited Commercial/Planned Development District (C-1/PD). • The uses approved for the original Planned Development included a surgery center, eye center, and four additional commercial/medical buildings. [2016 Development Plan shown on screen.] • In 2016, a Planned Development Major Amendment was approved by City Council. That approval replaced the Eyes of Arizona project with a new development consisting of the following uses in four Phases: o Phase 1: Independent senior living units and accessory commercial uses. o Phase 2: Assisted living units and memory care units. o Phase 3: Restaurant, health care and medical offices. o Phase 4: Retail commercial uses. [2016 Development Plan Revised shown on screen.] • During development, the project evolved, resulting in Phases 1 and 2 swapping locations. • Phase 1 is now developed as The Views at Lake Havasu retirement facility. • Phases 2, 3, and 4 are undeveloped. Existing Development Lake Havasu City Page 2 Printed on 6/2/2022 Planning and Zoning Commission Minutes - Final May 4, 2022 • The request is to replace the original Phases 2 and 3 uses with multi-family residential uses and combining them as Phase 3. • Phase 1 (The Views at Lake Havasu) and undeveloped Phase 4 (retail commercial uses) are not part of this request. Proposed Development Entire PD • Replacing Assisted Living Units, Memory Care Units, Restaurant, Health Care, and Medical Office Uses, in Phases 2 and 3, with Multiple-Family Residential Uses. • Phase 1 (The Views at Lake Havasu) and undeveloped Phase 4 (retail commercial uses) are not part of this request. [Proposed Development Plan shown on screen] • The submittal shows that Phase 3 consists of 66 residential units in four, two-story buildings resulting in a density of 42 units/acre. • The units are a mix of 54 one-bedroom and 12 two-bedroom units. • Per the Development Code, the project requires at least 66 covered parking spaces, one for each dwelling unit. • The plan shows 78 parking spaces provided but does not show which spaces are covered. • A landscaping plan was not submitted with the request. [Building Elevation shown on screen] • The MU-UMS district allows multi-family dwellings, however, at least 25% of the gross floor area in the structure must be occupied by non-residential uses and dwelling units shall not be located on the ground floor. • The proposal calls for no commercial uses in the structures and the plan includes residential units on the ground floor. • Therefore, the applicant will require a waiver of those standards as part of this PD amendment request. • No other exceptions are requested with this application. • The General Plan designation for this property is High Density Residential, which supports the request. • Full review for compliance with the parking, landscaping, and other Development Code standards will be required through Design Review prior to building permit issuance. Mr. Bergen stated there have been a couple of signs for quite some time about a proposed Micro Hospital. Mr. Morris stated that perhaps this can be addressed to the applicant, as it may have been an idea that did not come to fruition. Mr. Mitchell asked if the MU-UMS is the University. Mr. Morris stated that MU-UMS is Lake Havasu City Page 3 Printed on 6/2/2022 Planning and Zoning Commission Minutes - Final May 4, 2022 included in the University. The property of the University is zoned MU-UMS which wraps around the subject property. Luke Still, Desert Land Group, representing the zoning action and part owner of the property, stated that the original zoning for this property prior to going into the original PD was R-M (Residential Multi-Family). Mr. Morris stated he would have to verify that. Mr. Still believes they came from an R-M into a C1/PD. Mr. Morris stated that this does not impact the PD at this point. Mr. Still said his point was that the planned developments were well in place before there was an Uptown McCulloch District and their original intent with this PD was to provide a campus that supported A)Restrictive type of uses and B) Potentially something that would support ASU in a future phase. Today what has been modified is that we are seeing the reality of assisted and memory care. The Views has been built and occupied 64 of the 92 rooms, but Covid has had an adverse impact on group living and that definitely slowed down the ability to lease that up. That is one of the things that has necessitated this change. The property for Phase 4 is still something being owned/retained by one of the current owners of this property. Hoping for an entry or administrative building for ASU. In terms of the micro hospital, it is currently under construction out at the mall, as there were better incentives for that location. Mr. Lehr asked what the vision was for the link with Building A. Mr. Still stated there is no connection, Buildings A and B are separate. Mr. Nelson asked if there will be elevator in these buildings; Mr. Still stated he does not know at this time. Mr. Nelson also asked what the proposed square footage will be for these units. Mr. Still said they are predominantly single unit/bedroom type. This is going to be higher density on purpose so that we can keep price points as affordable as possible but probably range between 550 to 850 square feet. Mr. Bergen asked why the signs promoting the hospital have not been removed yet. Mr. Still stated they are serving a purpose for the advertisement of the Micro Hospital. Chairman Harris stated that presumably the signs will come down when this project develops. Mr. Still affirmed. 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 22-3279, for a Planned Development Rezone Major Amendment to the previously approved PD 01-005 for 2110, 2160, 2170, 2180, and 2190 Swanson Avenue, Tract 2268, Block 2, Lots 1 through 11, in the Mixed Use Uptown McCulloch Mainstreet District/Planned Development (MU-UMS/PD) District, replacing Lake Havasu City Page 4 Printed on 6/2/2022 Planning and Zoning Commission Minutes - Final May 4, 2022 assisted living units, memory care units, restaurant, health care, and medical office uses, for Lots 2 through 5 (Phase 3), with multiple-family residential uses, with the following conditions: 1. The development shall substantially match the Proposed Development Plan provided with the request, 2. 100% of the gross floor area in the structures may be occupied by residential uses, 3. Dwelling units may be located on the ground floor, and 4. 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 is scheduled for review by the City Council at its June 14, 2022, meeting. After the motion was made and seconded, Mr. Lehr stated his concern that with the site plan that is presented, there is no connection from the buildings themselves to the sidewalk or the Swanson street side. That link that is part of the UMS zone has not been addressed. He is wondering if that is part of the overall plan or what the thought process is there, Mr. Morris stated that, as the Commission is aware, the Commission has made recommendations to go before the City Council for some development standards in some of the zoning districts. Those recommendations are for the residential districts. This is the commercial zoning district. Those thoughts the Commission had about making the connection from the main door onto the street is not part of this zoning district, but is certainly something that could be encouraged by the developer. It is not something that could be required, however, through design review process, if the developer wants to work together with the City to do something that helps encourage the pedestrian linkage, that is something that can be certainly looked at through the design review process. Mr. Nelson made a motion to approve Land Use Action ID 22-3279 with staff's recommendations [forward a recommendation of approval to the City Council for Land Use Action 22-3279, for a Planned Development Rezone Major Amendment to the previously approved PD 01-005 for 2110, 2160, 2170, 2180, and 2190 Swanson Avenue, Tract 2268, Block 2, Lots 1 through 11, in the Mixed Use Uptown McCulloch Mainstreet District/Planned Development (MU-UMS/PD) District, replacing assisted living units, memory care units, restaurant, health care, and medical office uses, for Lots 2 through 5 (Phase 3), with multiple-family residential uses, with the following conditions: 1. The development shall substantially match the Proposed Development Plan provided with the request, 2. 100% of the gross floor area in the structures may be occupied by residential uses, 3. Dwelling units may be located on the ground floor, and 4. Design Review for compliance with the Development Code and the conditions Lake Havasu City Page 5 Printed on 6/2/2022 Planning and Zoning Commission Minutes - Final May 4, 2022 of this approval shall be required for the project prior to building permit issuance.]. The motion was seconded by Mr. Mitchell and carried by the following vote: Aye: 5 - Harris, Nelson, Mitchell, Medley and Lehr Nay: 1 - Bergen 7. CALL TO PUBLIC None. 8. FUTURE MEETING The meeting for May 18, 2022 has been cancelled due to room availability and no items being received. The next Regular meeting is scheduled for June 1, 2022. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:21 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 6 Printed on 6/2/2022