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 Tiffany Wilson Dane Hatch, Alternate Matthew Mitchell, Alternate Lonnie Stevenson, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, December 21, 2022 9:00 AM 1. CALL TO ORDER Vice Chairman Diaz called the meeting to order at 9:00 a.m. 2. PLEDGE OF ALLEGIANCE Vice Chairman Diaz led the Pledge of Allegiance. 3. ROLL CALL Alternate Member Lonnie Stevenson was seated. Present: 6- Gabriele Medley, David Diaz, Suzannah Ballard, Joan Dzuro, Tiffany Wilson and Lonnie Stevenson Absent: 4- Jim Harris, Matthew Mitchell, Dane Hatch and Paul Lehr 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris welcomed and congratulated Tiffany Wilson as a Regular Member and Alternate Member Lonnie Stevenson to the Commission. Mr. Morris also updated the Commission on the City Council last meeting results stating the Golf Course rezones from GC to RE were approved. The GC to R-3 rezone application was withdrawn and not heard by City Council. 5. MINUTES Minutes of previous meeting not available at this time. 6. PUBLIC HEARING ID 22-3565 One-year review of Major Conditional Use Permit 21-00300011, for 4081 Bison Boulevard, Tract 2295, Block 3, Lot 9, to Allow Boarding and Daycare of Dogs in the Residential Agriculture (R-A) District (Luke Morris) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: [Area Map shown on screen.] Lake Havasu City Page 1 Printed on 1/18/2023 Planning and Zoning Commission Minutes - Final December 21, 2022 • The 1.93-acre subject property is located in the northeast area of town on the north side of Bison Boulevard between Paseo De Oro Drive and Colt Drive. • A wash abuts the rear of the property. • The properties in the area are all over one acre in size and are developed with single- family homes. • The surrounding properties are zoned Residential Agriculture (R-A). [Aerial Photo shown on screen.] • The property has a residence with a pool and a dog area in the rear, separated from the home by fence walls and a gate. The dog area measures approximately .5 acres (about 21,000 sq. ft.). It is enclosed with a chain-link fence and includes a 2,400 sq. ft. building, a small dog play area, a large dog play area, and a bone shaped dog play pool. • On December 15, 2021, the Planning & Zoning Commission approved a Conditional Use Permit allowing boarding and daycare of dogs at the subject property. The approval included a number of conditions, including Condition No. 13 for an annual review to gauge the impact of the use on the neighborhood to determine if any of the conditions need modification. • The applicant has met all the requirements of the CUP and staff has received no Code Enforcement complaints of any type against the property since it has been approved to operate as a dog daycare and boarding facility. • Given these factors, staff suggests removing the annual review of the CUP. [Site Plan shown on screen.] • The applicant advises that they currently average 25 to 30 small to medium size dogs and a few large (10 to 60 lbs.) dogs, with a maximum of 45 dogs during holidays. • They also state that the industry standards for the number of dogs for boarding are based on 40 to 70 square feet of building area per dog, depending upon the size of the dog. • Therefore, based on a 2,400 sq. ft. building, staff calculated that the range would be 35 to 60 dogs, depending on the size of the animal. • Their current proposed maximum of 45 dog falls within this range. • The site plan submitted with the request shows a residence with a pool. • It also shows a dog area in the rear of the property separated from the home by fence walls and a gate. • The dog area measures approximately .5 acres (about 21,000 sq. ft.). It is enclosed with a chain-link fence and includes a 2,400 sq. ft. building, a small dog play area, a large dog play area, and a bone shaped dog play pool. • The nearest homes are about 150-200 feet away. • The proposed boarding use appears to meet the development standards except the Design Standard that all activities shall be completely contained within an enclosed building. • It appears that the dog boarding use has been operating with its current outdoor uses Lake Havasu City Page 2 Printed on 1/18/2023 Planning and Zoning Commission Minutes - Final December 21, 2022 for a number of years without complaints about dogs from the neighbors. • The only complaint received was concerning the frequency of clients. • Given this, staff is of the opinion that the outdoor uses as currently operated may be compatible with the Agriculture and Boarding uses within this neighborhood and the R-A zoning district, with conditions. Sheila Murphy, Pet Oasis owner since 2011, stated she has been a mobile groomer since 2010. The County lists them as a kennel. All permits have been met and all 13 criteria have been met for the year. Vice Chairman Diaz opened the Public Hearing, hearing none, he closed the Public Hearing Mr. Morris stated that based on the findings, the Development Review Committee recommends that Major Conditional Use Permit 21-00300011, for 4081 Bison Boulevard, Tract 2295, Block 3, Lot 9, to allow boarding and daycare of dogs in the Residential Agriculture (R-A) District be allowed to continue as conditioned in Planning Commission Resolution No. 21-04, except Condition No. 13 shall be removed and there shall be no additional annual re-evaluation required. Ms. Ballard made a motion to approve ID 22-3565, a one year review of the Major Conditional Use Permit 21-00300011, for 4081 Bison Boulevard, Tract 2295, Block 3, Lot 9, to allow boarding and daycare of dogs in the Residential Agriculture (R-A) District [be allowed to continue as conditioned in Planning Commission Resolution No 21-04, except Condition No. 13 shall be removed and there shall be no additional re-evaluation required] less Item #13 which was a previous requirement. The motion was seconded by Ms. Dzuro, and carried by the following vote: Aye: 6 - Medley, Diaz, Ballard, Dzuro, Wilson and Stevenson ID 22-3573 A Request for a Planned Development Rezone for 555 Burkemo Lane, Tract 134, Block 3, Lot 19, from Multiple-Family (R-M) District to Multiple-Family/Planned Development (R-M/PD) District Reducing the Minimum Required Dwelling Unit Density from 10 Units Per Acre to 4 Units Per Acre to Allow One Single-Family Home (Luke Morris) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The subject property measures .31 acres and is currently vacant. • It is located on the north side of Burkemo Lane just west of Jones Drive, east of Lake Havasu Avenue S. • The lots to the south, across Burkemo Lane, are zoned Residential Estates (R-E) and developed with single-family homes and one vacant lot. Lake Havasu City Page 3 Printed on 1/18/2023 Planning and Zoning Commission Minutes - Final December 21, 2022 • A large, narrow parcel to the north is also zoned R-E and is vacant. • The lots to the east and west are zoned Multiple-Family (R-M) and are a mix of vacant lots, single-family, and multiple-family developments. • The General Plan Future Land Use map designates the property as Low Density Residential. This designation allows a range of 4 to 6 dwelling units per acre. The primary use is single-family residential housing. • The subject property and surrounding neighborhood are designated Low Density Residential, with the vast majority of the lots in this neighborhood developed as single-family homes. • At the proposed 4 units per acre, the development is in conformance with the General Plan Land Use Map as well as the goals and policies of the General Plan. [Previous Development Code Standards shown on screen.] • The Development Code was updated in 2016. The previous Development Code established minimum and maximum residential density standards but also included a note that “Lots of record existing at the time of adoption of this Development Code within the R-3 and R-4 (now R-M) zoning districts need not comply with the density limitations of this table. The actual number of units allowed on these lots shall be determined through compliance with the other requirements of this table (e.g., height limitations, landscaping and parking, lot coverage, and setbacks).” [Current Development Code Summary Table shown on screen.] • The 2016 Development Code update did not carry over this note; therefore, new development needs to comply with the minimum and maximum dwelling unit density requirements. • The subject property is zoned R-M, which requires a minimum of 10 dwelling units per acre. • The property measures .31 acres, therefore the minimum number of dwelling units is 3.1 • The applicant’s letter of intent asks to reduce the minimum density from 10 units per acre to 4 units per acre in order to build a single-family residence on the property. =1.24 Units on .31 acres [Proposed General Development Plan shown on screen.] • The Development Plan shows a single-family home with attached garages. • The proposal meets all R-M development standards except for the minimum dwelling unit density. Applicants present but deferred from any comments. Vice Chairman Diaz opened the Public Hearing, hearing none, he closed the Public Hearing Mr. Morris stated that based on the findings, the Development Review Committee Lake Havasu City Page 4 Printed on 1/18/2023 Planning and Zoning Commission Minutes - Final December 21, 2022 recommends Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 22-3573, for a Planned Development Rezone for 555 Burkemo Lane, Tract 134, Block 3, Lot 19, from Multiple-Family (R-M) District to Multiple-Family/Planned Development (R-M/PD) District reducing the minimum required dwelling unit density from 10 units per acre to 4 units per acre to allow one single-family home. This item will go to the City Council’s January 24, 2023, meeting with the Commission's recommendation. Ms. Ballard, made a motion to approve suggested [recommend the City Council approve Land Use] action ID 22-3573, for a Planned Development Rezone for 555 Burkemo Lane, Tract 134, Block 3, Lot 19, from Multiple-Family (R-M) District to Multiple-Family/Planned Development (R-M/PD) District reducing the minimum required dwelling unit density from 10 units per acre to 4 units per acre to allow one single-family home. The motion was seconded by Ms. Dzuro, and carried by the following vote: Aye: 6 - Medley, Diaz, Ballard, Dzuro, Wilson and Stevenson ID 22-3575 A Request for 4017, 4021, 4025, & 4029 Window Rock Rd E, APNs 110-05-025, 023, 027, & 003, to Amend and Reconfigure the Existing Single-Family Residential (R-1), Residential Estates (R-E), and Residential Agriculture (R-A) Zoning District Boundaries (Luke Morris) Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • The properties are four undeveloped parcels totaling 80 acres located at the eastern edge of the city limits on the north side of Window Rock Road. • They are bordered on the west by 58 acres of undeveloped land within Lake Havasu City. • The other abutting properties are within Mohave County’s jurisdiction and include Arizona State Trust Land to the north, privately held lots to the east, and the Horizon Six residential subdivision to the south. • The subject property was annexed into the city in June 2016 and assigned the city’s R-A zoning designation, which was most similar to its county zoning. In January 2018, portions of the properties were rezoned to R-1 and R-E to accommodate a proposed 84 lot single-family residential subdivision. • The properties in Mohave County’s jurisdiction are zoned Agriculture-Residential (AR) district. The abutting property to the west is located in the city limits and is zoned Single-Family Residential. The subject lots are zoned a mix of Single-Family Residential (R-1), Residential Estates (R-E), and Residential Agriculture (R-A). • The General Plan Future Land Use Map designates the property as Mountain Protection area and Low Density Residential. Lake Havasu City Page 5 Printed on 1/18/2023 Planning and Zoning Commission Minutes - Final December 21, 2022 • The Mountain Protection Designation’s primary use is open space and secondary use of rural residential development similar to the city’s R-A residential zoning. • The Low Density Residential Designation’s primary use is single family housing, which is characteristic of most of the City’s R-1 neighborhoods. [Proposed Zoning Plan shown on screen.] • The applicant’s Letter of Intent explains that since the previous rezone approval, the federal regulations for “Waters of the United States” have changed, which resulted in allowing more of the property to be developed. Based on the Army Corps of Engineer’s determination, the property owner has modified the previous lot layout and zoning areas. • The requested zoning amendment will establish zoning to allow approximately 145 lots, including 105 lots on about 40 acres to be zoned R-1, and 40 larger residential lots on about 20 acres to be zoned R-E. • The balance of the property, approximately 20 acres, will remain R-A and will be undeveloped. • All lots are proposed to meet the R-1 and R-E development standards and no exceptions are requested. [Proposed Zoning Boundaries shown on screen.] • Sewer and water services for the property are available from Lake Havasu City. • The Window Rock Road right-of-way in this area is within Mohave County’s jurisdiction. Therefore, street improvements and utilities, including curb, gutter, sidewalks, water, and sewer lines will need to be addressed in partnership between the City, County, and Developer as part of the subdivision review process. Terry Brierton, Lomas Land Company, stated the wash ran right in the middle of the property and they had a lot of restrictions with the original design due to same wash. Now that the definitions of the wash have changed, Mr. Brierton is here today to rezone the property. Everything will be done according to the City standards and he is not asking for any exceptions. The development is well below the requirements for allowed lottage. Mr. Brierton was available for any questions from the Commission; however, there were none. Vice Chairman Diaz opened the Public Hearing. Susan Ortiz, Gold Springs Rd resident, stated she moved to Horizon 6 for the beauty and peace and the acreage. She stated all the homes are on an acre property and most are almost one million dollar homes. She walks on Window Rock every morning and loves the area. Ms. Ortiz expressed concerns about traffic and congestion estimating around 300 cars throughout day. Only a two-lane road. Traffic control and taking away peace and quiet are her two main issues. Vice-Chairman Diaz asked if a traffic study is done with a development like this. Mr. Lake Havasu City Page 6 Printed on 1/18/2023 Planning and Zoning Commission Minutes - Final December 21, 2022 Morris stated traffic studies are typically something required with the Preliminary Plat especially. The Preliminary Plat is the initial designs for the property for the subdivision- the traffic is an important aspect of that. There was a preliminary traffic study report submitted with the request. As previously mentioned, Window Rock Road is under the jurisdiction of the County. The City, County, and the developer have to work together to get the standards to meet the County standards. The Preliminary Plat has been submitted and is under review. It will be forthcoming to the Commission when it is ready. Part of the conditions/stipulations for that preliminary plat is a revised traffic study. The traffic study submitted with this request has been deemed inadequate by the County. Karen Johnson, Window Rock Road resident, cited speed and traffic concerns as vehicles and heavy trucks go up the hill- bad traffic. Ms. Johnson has a horse trailer that comes in and out of driveway, and has to back in to the driveway. She asked how do people with bigger trailers get in and out from the small road. She cited the narrow road, traffic, and speed limit as her main concerns. Terry Brierton stated they will be widening the road by 10 or 15 feet on the whole frontage of their property with the curb and sidewalk on his side. When other properties developed, they too will need to have their Right-Of-Way increased. Trying to mitigate that issue. Nick Strong, resident on Window Rock Road. Spoke to 42 dwellings from the start of McCulloch Blvd up to the County and already have over 70 signatures of people who do not want to see a condo go up there. There is a big concern with people lower in the area as well and doesn't think they are getting addressed. Holding on developing his property purchased in the spring. If they build a condo, he will not develop his property. Will just put some shops out there, it is just going to take away from the property. [A copy of mailing addresses was provided to the Recording Secretary; however, it did not contain any signatures.] Vice Chairman Diaz 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 Use Action No. 22-3575, for 4017, 4021, 4025, & 4029 Window Rock Rd E, APNs 110-05-025, 023, 027, & 003, to amend and reconfigure the existing Single-Family Residential (R-1), Residential Estates (R-E), and Residential Agriculture (R-A) zoning district boundaries as shown on the attached Proposed Zoning Map. This item will go to the City Council’s January 24, 2023, meeting with the Commission's recommendation. Ms. Ballard confirmed that this is a request for rezone and any future developments would Lake Havasu City Page 7 Printed on 1/18/2023 Planning and Zoning Commission Minutes - Final December 21, 2022 be required to come before the Commission with a plan. Mr. Morris stated the Preliminary Plat will be coming before Commission. The Final Plat would then be drafted and taken to City Council ultimately for their approval. The preliminary plat is currently under review by staff. Ms. Ballard asked how the City addresses the road's responsibility with the County. Mr. Morris stated that is something the City will work out with the County. Right now Window Rock is 50-foot of County Right-Of-Way. Widening the Road may end up having part in the City and part in the County. The roadway from McCulloch all the way to the project will have to be looked at through that traffic study. Roadway improvements will have to be worked through with the City, County, and developer. Ms. Ballard stated that the applicant's comments about them widening road in front of their property, if the is approved, would result in a wider road in front of their property but it would go back to the normal narrow width along the rest of Window Rock. Mr. Morris stated he anticipates the applicant will have to provide additional widening along the frontage of their project. We will see what the City and the County work together on that. When questioned by Mr. Diaz, Mr. Morris stated the meetings with the County will happen in conjunction with the preliminary plat preparation and submittal. The Rezone designates the zoning which establishes the entitlements to the property. Based on those zoning districts, that then determines the lot sizes and how many lots are allowed to be developed. That all drives the preliminary plat design which will be reviewed for things like traffic. The traffic analysis will take into account the property to the 58-acre vacant lot to the west which is zoned for a future residential development, and deal with McCulloch Blvd S all the way to this property. Ms. Ballard asked if this application for entire property has to include RE because of the size of the ultimately divided property? Mr. Morris stated that because of the opportunity that was afforded them due to the AZ Corps of Engineers changing the flood areas, the applicant rearranged the zoning districts. Previously, the zoning districts didn't look this. The applicant just reconfigured the districts-made them a little larger. Ms. Dzuro made a motion to approve, [to recommend that the City Council approve Land Use Action] ID 22-3575, for 4017, 4021, 4025, & 4029 Window Rock Rd E, APNs 110-05-025, 023, 027, & 003, to amend and reconfigure the existing Single-Family Residential (R-1), Residential Estates (R-E), and Residential Agriculture (R-A) zoning district boundaries [as shown on the attached Proposed Zoning Map]. The motion was seconded by Ms. Ballard and carried by the following vote: Aye: 6 - Medley, Diaz, Ballard, Dzuro, Wilson and Stevenson 7. CALL TO PUBLIC None. 8. FUTURE MEETING The meeting scheduled for January 4, 2023 has been cancelled due to no items being Lake Havasu City Page 8 Printed on 1/18/2023 Planning and Zoning Commission Minutes - Final December 21, 2022 submitted. The next Regular meeting is scheduled for January 18, 2023. May everyone have a Merry Christmas. 9. ADJOURNMENT Vice Chairman Diaz adjourned the meeting at 9:35 a.m. _________________________________________ David Diaz, Vice Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 9 Printed on 1/18/2023