Planning and Zoning Commission

Jim Harris, Chairman Lake Havasu City Suzannah Ballard Police Facility David Diaz 2360 McCulloch Blvd North Joan Dzuro Lake Havasu City, Arizona Paul Lehr 86403 Gabriele Medley www.lhcaz.gov Chad Nelson Dane Hatch, Alternate Matthew Mitchell, Alternate Tiffany Wilson, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, September 7, 2022 9:00 AM 1. CALL TO ORDER Vice Chairman Nelson called the meeting to order at 9:00 a.m. 2. PLEDGE OF ALLEGIANCE Vice Chairman Nelson led the Pledge of Allegiance. 3. ROLL CALL Alternate Member Hatch was seated. Present: 8- Chad Nelson, Gabriele Medley, David Diaz, Suzannah Ballard, Joan Dzuro, Dane Hatch, Paul Lehr and Tiffany Wilson Absent: 2- Jim Harris and Matthew Mitchell 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris stated that there are technical difficulties with the VoteCast system so voice votes and motions will be taken today. Mr. Morris updated the Commission on City Council's approval from their meeting on August 23, 2022 for the El Camino Drive rezone. 5. MINUTES Approval of Regular Meeting Minutes from August 17, 2022. Ms. Ballard made a motion to approve the Minutes of the last meeting as presented. The motion was seconded by Mr. Diaz and carried by the following vote: Aye: 7 - Nelson, Medley, Diaz, Ballard, Dzuro, Hatch and Lehr Absent: 3 - Harris, Mitchell and Wilson 6. PUBLIC HEARING ID 22-3447 Request for a Preliminary Subdivision Plat for Gauge Industrial Park, at 1101 Gauge Drive, Tract 2308C, Block 2, Lot 1, Creating an 8-Unit Lake Havasu City Page 1 Printed on 10/6/2022 Planning and Zoning Commission Minutes - Final September 7, 2022 Commercial Condominium Subdivision in the Light Industrial (LI) District Mr. Kearns thanked the Vice-Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property is located on Gauge Dr, between Centers Ave and College Dr. • The properties to the north, south, east, and west are zoned Light Industrial (LI) District and developed as industrial uses. [Preliminary Plat Map shown on screen.] • The site is currently developed as an 8-unit industrial complex that was built in 1990. • 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: · 8 industrial units. · Parcel I - Common shared area. • The project will have a property owners association to manage and maintain the association improvements. • The common area will be privately owned and the water and wastewater within the subdivision is installed and maintained by the association. Mr. Diaz asked if the applicant or staff could clarify to the public what a commercial condominium is. Mr. Morris stated a commercial condominium is similar to a residential condominium. It is different ownership or type of ownership of a building or a portion of a building. In this case, this is one large industrial commercial building which the owner is proposing to chop it up into individual pieces to parcel it out, to be able to sell them off individually. It is much like a residential condominium association; same concept just for commercial purposes. Maggie Acu, Sunland and Associates, Civil Engineer and surveyor firm representing the owner, affirmed Vice Chairman Nelson's comment that each parcel has its own bathroom. Vice Chairman asked if anyone had any further questions and there were none. Mr. Kearns stated that based on the findings, the Development Review Committee recommends approval of Land Use Action 22-3447, a Preliminary Subdivision Plat for Gauge Industrial Park, at 1101 Gauge Drive, Tract 2308C, Block 2, Lot 1, creating an 8-Unit Commercial Condominium Subdivision in the Light Industrial (LI) District. Ms. Ballard made a motion to approve Land Use Action 22-3447, a Preliminary Subdivision Plat for Gauge Industrial Park, at 1101 Gauge Drive, Tract 2308C, Block 2, Lot 1, creating an 8-Unit Commercial Condominium Subdivision in the Light Industrial (LI) District. The motion was seconded by Ms. Dzuro and carried by the following vote: Lake Havasu City Page 2 Printed on 10/6/2022 Planning and Zoning Commission Minutes - Final September 7, 2022 Aye: 7 - Nelson, Medley, Diaz, Ballard, Dzuro, Hatch and Lehr Absent: 3 - Harris, Mitchell and Wilson ID 22-3441 Request to Amend the Parking-In-Common Masterplan for 3135, 3137, 3139, & 3141 Maricopa Avenue, Tract 2257, Block 8, Lots 16, 17, 18, & 19, Removing the Properties from the Masterplan (Luke Morris). Mr. Morris thanked the Vice-Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject properties are located on Maricopa Avenue between Melrose and Arapaho Drives. • An alley abuts the rear of the properties. Highway 95 is to the south across Maricopa Avenue. • The subject properties and the abutting lots to the west and east are zoned Commercial Southgate District (C-SGD) and developed as commercial uses and some vacant lots. The properties to the north, across the alley, are zoned R-SGD (Residential Southgate District) and are a mix of vacant lots and residential developments. [PIC Master Plan Map shown on screen.] • The original Parking-In-Common (PIC) Masterplan for Block 8 includes Lots 12 through 29. • The lots in this block are 250 feet deep. • The PIC Masterplan calls for a 10-foot landscape buffer along Maricopa Avenue, a 90- foot front building setback, and a 20-foot rear parking setback from the alley, resulting in a buildable depth of 140 feet. • Other properties within this block have already been removed from the PIC Masterplan. • Lot 12, at the corner of Maricopa Avenue and Melrose Drive, was removed from the PIC Masterplan in 2015 to allow vehicle display in the PIC area. • Havasu Preparatory Academy, on Lots 22 through 27, were removed from the PIC Masterplan in 2002 as part of the school development. [PIC with Aerial overlay shown on screen.] • The westernmost subject Lots 16 & 17 are currently used for outdoor storage as approved by a Conditional Use Permit in 1999. The easternmost subject Lots 18 & 19 are home to a landscaping nursery use that was permitted in 1991. • The applicant’s Letter of Intent requests to amend the PIC Masterplan by removing the four subject lots from the plan to allow outdoor display and provide the required parking for future development. The owners have no specific redevelopment plans for the lots at this time. • An advantage of being included in a PIC Masterplan is that development and redevelopment only need to comply with the PIC Masterplan, rather than the parking requirements of the Development Code. However, all uses within the PIC block are Lake Havasu City Page 3 Printed on 10/6/2022 Planning and Zoning Commission Minutes - Final September 7, 2022 to share the parking, with no spaces being reserved for any one business or use. • If removed from the PIC Masterplan, all required parking for any proposed uses of the properties shall be provided on the subject lots and the spaces may be reserved for their customers and employees. Use of the PIC area on other lots is not allowed. Any new structures will still be limited to the 140-foot buildable area of the lot as shown on the PIC Masterplan. • A PIC Amendment application requires initial agreement from a minimum of 75% of the owners of properties within the block. The applicant submitted approvals from seven of the nine property owners (78%) within the PIC block. • Staff finds that approval of the request will have a negligible impact on the PIC Masterplan for the area and will not result in the properties becoming nonconforming regarding required off-site parking. Staff further finds that approval of the amendment will not increase traffic congestion on nearby streets or any property containing a residential land use within 300 feet of the included properties. • Design Review for Development Code compliance, including driveways and parking standards, will be required before building permits are issued to develop the properties. Ms. Ballard asked if in allowing this amendment, what would be the access from the roadway to Lot 20, would it have a separate access? Mr. Morris stated that Lot 20 is a vacant lot and could have a separate access. Any existing driveways would be utilized from the past PIC. If Lot 20 is developed, Staff would like to have the parking connect to existing driveways. The plan would be to go across, use the existing driveway to the east, across the City parcel, and do improvements to try to limit the number of driveways. This is one of the reasons for master plans. Ms. Ballard asked if that would require an easement granted to the owner of Lot 20, to cross over City property. Mr. Morris affirmed and stated that is a possibility that the City can work out with the owner/developer. If this was not feasible, the owner would have to be allowed to have their own separate driveway. Vice Chairman Nelson asked what the City's use and future intention for the City parcel. Mr. Morris stated the City parcel is one of a number of parcels in that area that are pedestrian access ways and connections from the front to the rear of those lots. They were spaced out throughout a number of blocks and put in place when the subdivision was formed to provide access from the alley to the front or rear of the property. There are no long term plans for the parcel's improvement. The City has been open to selling some of these parcels to the adjacent property owners. Mr. Hatch asked if there is a requirement for more parking spaces than what is on the proposed amendment plan. Mr. Morris stated the parking requirement will be based on the proposed uses of the property once they are developed and this will be part of the Design Review process. What is shown on the plan is conceptual at this time. Lake Havasu City Page 4 Printed on 10/6/2022 Planning and Zoning Commission Minutes - Final September 7, 2022 Applicant present available for questions; however, there were none. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of Land Use Action No. 22-3441, an amendment to the Parking-In-Common Masterplan for 3135, 3137, 3139, & 3141 Maricopa Avenue, Tract 2257, Block 8, Lots 16, 17, 18, & 19, removing the properties from the masterplan, with the following condition: 1. Design Review to ensure compliance with all applicable City codes, including driveway locations and parking, is required prior to development of the properties. Vice Chairman Nelson opened the Public Hearing, hearing none, he closed the Public Hearing. Vice Chairman Nelson suggested Staff look into "pound in the ground" signs for the windy areas, i.e., southside or island areas. Vice Chairman Nelson is concerned about Lot 19 being removed and feels it will be challenging to maneuver within Lot 20. The City parcel is not improved so smaller vehicles will not be able to utilize that lot to assist in the turn around. He does not have an issue with Lots 16-18 being removed from the PIC. Ms. Ballard has an issue with ingress and egress to Lot 20. She is concerned what the value will be to Lot 20 with limited parking and limited access. At least a driveway or some access should be provided to Lot 20. Vice Chairman Nelson asked the applicant to approach the podium to answer the Commission's concerns. Abner Schultz stated that all those lots could be approach from the back alley. He does not foresee having any problems getting in an out. Ms. Ballard stated that the customers accessing that property would not want to access it from the rear alley. They would want to come in from the street. Mr. Schultz commented that it would be open like all the rest. Ms. Ballard said that if you eliminate the parking in common, that leaves Lot 20 with no access to their property. Mr. Schultz commented that it is no different than if the lots had individual owners. Mr. Diaz asked if this is where the nursery is at, to which Mr. Schultz affirmed. Mr. Diaz stated this area is in dire need of development. It looks pretty shabby down there. He feels the egress and ingress needs will be reviewed by Staff during development. Mr. Diaz is for the PIC Amendment now and addressing Lot 20 when that comes up for Lake Havasu City Page 5 Printed on 10/6/2022 Planning and Zoning Commission Minutes - Final September 7, 2022 development. Vice Chairman Nelson asked if there is any improvement planned for the property. Mr. Schultz stated no plans for improvement at this time. When questioned by Ms. Ballard if the property would be fenced, Mr. Schulz stated it is necessary to safe keep the landscape material onsite. Ms. Dzuro asked for clarification purpose what the current flow of the masterplan is. Vice Chairman stated the PIC masterplan currently has a drive that goes through the center of the landscaping materials for the nursery. The parcel on Lot 20 is open storage right now. The issue is that they are only 50 foot wide. Depending on the use, it may not need a lot of people coming in and out of your business. The goal is never to hinder anyone from developing but just to make good decisions so down the road people do not question the owner of the property or planning and zoning. Mr. Morris provided more information regarding Parking-In-Common stating that these plans were put together years ago with a conceptual plan when the lots were not developed. Some lots have developed since then. In those locations where there are no driveways shown on the Master Parking Plan, the City allows those developers to put a driveway in to serve their property. The City does not limit or state you cannot put a driveway in there because it is not shown on the plan, because if the lot next to them is not developed, then there is no access to their plan. If there is no shared driveway, maneuvering room, travel isles, we do allow driveways on a lot by lot basis. This would be reviewed during Design Review. Ms. Ballard followed up on Vice Chairman Nelsons comment stating that if you isolate Lot 20 and require them to put a driveway at 25 feet wide, they now have 25 feet and with the setbacks, you could not develop any kind of a business that would require more than three parking spaces, is that correct? Mr. Morris stated they would still be part of the Parking-in-Common plan and have their own access from the street onto Lot 20. Mr. Morris referenced a nearby business that is part of the PIC plan and that, even with the reduction of the proposed PIC amendment, meets the onsite demand for parking for their business. One of the benefits of the PIC is that, regardless of the parking that they can fit on their plan, if they are part of the PIC plan all they need to do is match the PIC plan as closely as possible. They do not have to worry about any additional parking. Ms. Ballard said that as long as it includes passing over City property which it does not appear that way on the master plan. Mr. Morris said the PIC Master Plan for these areas typically shows the City parcel as being the main driveway into these areas. It has not developed that way so the City allows some flexibility into the development of these properties. Mr. Hatch asked the applicant if he intends to marry these four lots. Mr. Schultz said Lake Havasu City Page 6 Printed on 10/6/2022 Planning and Zoning Commission Minutes - Final September 7, 2022 possibly. He has not thought about this as they were individually purchased and at this point he was just planning on leaving them as is. Mr. Hatch asked Staff if the applicant intends to marry the lots, would it affect this action. Mr. Morris stated they would be required to submit for a full Design Review and Offsite Improvement permit. Vice Chairman Nelson asked if the Commission could remove everything [all lots in the PIC Master Plan] from Melrose to Arapaho. Mr. Morris stated that is slowly how things seem to be evolving. As far as removing the whole Master Plan, the way the process works at this point is that the plan is in place, approved by a Planning Commission years ago. Amendments to the plan go through this process. Lets say the remaining property owners here that are part of the PIC got together and decided to remove the rest of the properties from this PIC, they could go through that process. If the Planning Commission wants to direct Staff to re-examine the Parking-in-Common in this area and you want to go through a process to remove it, that is something you can direct staff to start on. However, the normal process, once the plan is adopted as it is here, is to go through this PIC Amendment procedure. After the motion, prior to the Call to the Public, Vice Chairman Nelson made a recommendation to remove the PIC from Melrose to Arapaho. Mrs. Garry, City Attorney, informed Vice Chairman Nelson that the Commission cannot take any motion on that matter or give it direction. If you want Staff to do some research and bring it back for the Commission to consider at a later date, that would be okay. Mrs. Garry does not know if there is going to be a mechanism for that. Currently there is a legal mechanism for you as a Commission to remove somebody from the Parking-in-Common plan or to just do away with the PIC plan. There are lots in there that enjoy the benefits of being a part of PIC and may not be ready to consider whether or not they are going to develop or not and what parking needs they may have. You would be forcing their hand at this point in time if you wanted to remove the PIC Master Plan from the entire block. This cannot be discussed now. The Planning Commission cannot take any direction or motion to do an action today. Vice Chairman Nelson stated he was not looking to take action today rather to look into it. Ms. Ballard made a motion to approve Land Use Action No. 22-3441, an amendment to the Parking-In-Common Masterplan for 3135, 3137, 3139, & 3141 Maricopa Avenue, Tract 2257, Block 8, Lots 16, 17, 18, & 19, removing the properties from the masterplan, with the following condition: 1. Design Review to ensure compliance with all applicable City codes, including driveway locations and parking, is required prior to development of the properties. The motion was seconded by Mr. Lehr and carried by the following vote: Aye: 7 - Nelson, Medley, Diaz, Ballard, Dzuro, Hatch and Lehr Lake Havasu City Page 7 Printed on 10/6/2022 Planning and Zoning Commission Minutes - Final September 7, 2022 Absent: 3 - Harris, Mitchell and Wilson 7. CALL TO PUBLIC None. 8. FUTURE MEETING The meeting scheduled for September 21, 2022 has been cancelled due to room availability. The next Regular meeting is scheduled for October 5, 2022. 9. ADJOURNMENT Vice Chairman Nelson adjourned the meeting at 9:37 a.m. _________________________________________ Chad Nelson, Vice Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 8 Printed on 10/6/2022