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, January 18, 2023 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 Stevenson was seated. Present: 8- Matthew Mitchell, Gabriele Medley, David Diaz, Suzannah Ballard, Joan Dzuro, Paul Lehr, Tiffany Wilson and Lonnie Stevenson Absent: 2- Jim Harris and Dane Hatch 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris gave an update from the January 10, 2023 City Council meeting and stated the Grand Island Estates 13-acre with Single-Family RE zoning (GP Amendment and PD/Rezone) were approved. The 5-acre with Multi-Family portion was withdrawn by the applicant and not heard by Council. 5. MINUTES Approval of Regular Meeting Minutes from December 7 and December 21, 2022. Ms. Ballard made a motion to approve the Minutes of both meetings as presented. The motion was seconded by Ms. Wilson and carried by the following vote: Aye: 7 - Medley, Diaz, Ballard, Dzuro, Lehr, Wilson and Stevenson 6. PUBLIC HEARING ID 23-3620 A Request for a Minor Amendment to the Future Land Use Map of the City’s General Plan for 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 Lake Havasu City Page 1 Printed on 3/9/2023 Planning and Zoning Commission Minutes - Final January 18, 2023 Thru 9, to Change the Future Land Use Designation from Neighborhood Commercial to High Density Residential (Luke Morris) Mr. Morris thanked the Vice Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: [Area Map shown on screen.] • The subject property consists of a block with nine vacant, undeveloped lots and measures a total of 2.16 acres. It is located just northwest of the intersection of McCulloch Boulevard S. and Chemehuevi Boulevard. An alley abuts the southern boundary of the property. [Zoning Map shown on screen.] • The subject property and the properties to the south, across the alley, are zoned Limited Commercial (C-1) with two commercially developed lots and nineteen vacant lots. The properties to the west, north, and east are zoned Two-Family Residential (R-2) and developed with residential units. [General Plan Land Use Map shown on screen.] • All the surrounding lots have a General Plan Designation of Neighborhood Commercial but are developed with single-family and two-family residential homes. • Two lots to the south are developed with commercial uses and the balance are undeveloped. • The applicant’s Letter of Intent asks to amend the City’s General Plan Future Land Use Map from Neighborhood Commercial to High Density Residential to facilitate development of a multiple-family residential use for the property. • The General Plan Amendment is the first step in this process. The second step is a Planned Development Rezone for the property which accompanies this General plan Amendment request. • The design of the development is proposed to complement and address the General Plan which recognizes there is vacant private property bordering residential neighborhoods that needs infill development. • The requested High Density Residential designation allows primary uses such as attached single-family residences, townhouses, patio homes, apartments/condos, and co-housing and live/work dwellings as well as high density planned communities. High Density Residential uses should be adjacent to corridors such as McCulloch Boulevard. • The High Density Residential designation allows a density range of 10 to 20 dwelling units per acre, but higher densities may be approved by the City through the Planned Development Rezone process. • As mentioned earlier, a Planned Development Rezone for the property accompanies this General Plan Amendment request. Mac Hall, Iris Development Services, stated he is available for question; however, there Lake Havasu City Page 2 Printed on 3/9/2023 Planning and Zoning Commission Minutes - Final January 18, 2023 were none. 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 Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 23-3620, a Minor Amendment to the Future Land Use Map of the City’s General Plan for 740, 730, 720, 710, 700, & 670 Delta Dr and 681, 691, & 701 McCulloch Blvd S., Tract 2222, Block 5, Lots 1 Thru 9, to change the future land use designation from Neighborhood Commercial to High Density Residential. This item will go to the City Council’s February 14, 2023, meeting with the Commission's recommendation. Vice Chairman Diaz asked if this item required a neighborhood meeting. Mr. Morris stated yes, a dual purpose meeting for this General Plan Amendment as well as the forthcoming Planned Development Rezone neighborhood meeting was required and held. Vice Chairman Diaz also asked if a traffic study is required. Mr. Morris stated a traffic study depends upon the scope of the work. If the Public Works Department feels there is a need for one, Staff will request one. This review was routed to all the different departments including Public Works/Engineering and we did not receive any comments or additional requirements for a traffic study. Ms. Ballard asked what the height limit is for residential high density. Mr. Morris stated height will come into play with the rezoning portion which is the next item to be heard. General Plan designations do not have a height limitation. Ms. Dzuro stated the City Council has been looking at the water issue we have right now with the City being in Tier 2, and asked if this was looked into with this going from Neighborhood Commercial to Residential. Mr. Morris stated that would again be something considered with the request for review. The City has adequate water allocated. The water cutbacks, etc. would be independent of whatever is going on with this project. Ms. Wilson made a motion to approve [recommend that the City Council approve] 23-3620, Minor Amendment to the Future Land Use Map of the City’s General Plan for 740, 730, 720, 710, 700, & 670 Delta Dr and 681, 691, & 701 McCulloch Blvd S., Tract 2222, Block 5, Lots 1 thru 9, to change the future land use designation from Neighborhood Commercial to High Density Residential. The motion was seconded by Ms. Dzuro and carried by the following vote: Aye: 7 - Medley, Diaz, Ballard, Dzuro, Lehr, Wilson and Stevenson ID 23-3622 A Request for a Planned Development Rezone for 740, 730, 720, 710, Lake Havasu City Page 3 Printed on 3/9/2023 Planning and Zoning Commission Minutes - Final January 18, 2023 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 Thru 9, from Limited Commercial (C-1) District to Multiple-Family/Planned Development (R-M/PD) District Allowing a Maximum Density Increase from 20 Dwelling Units Per Acre to 41 Dwelling Units Per Acre and Allowing a 5-Foot Encroachment Into the Required 15-Foot Front Setback for Vehicle Parking Abutting McCulloch Boulevard S. (Luke Morris) Mr. Morris thanked the Vice Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: [Area Map shown on screen.] • The subject property consists of a block with nine vacant, undeveloped lots and measures a total of 2.16 acres. It is located just northwest of the intersection of McCulloch Boulevard S. and Chemehuevi Boulevard. An alley abuts the southern boundary of the property. [Tract Map shown on screen.] • Two 16-foot-wide public utility easements run through the properties and the lots currently have Building and Parking-in-Common (PIC) Areas but do not have an approved PIC masterplan. The utility easements and PIC will be addressed as part of the property’s future development. [Zoning Map shown on screen.] • The subject property and the properties to the south, across the alley, are zoned Limited Commercial (C-1) with two commercially developed lots and nineteen vacant lots. The properties to the west, north, and east are zoned Two-Family Residential (R-2) and developed with residential units. Single-Family (R-1) zoning abuts the R-2 zoning. • The requested rezone from C-1 to R-M is for a high density multiple-family residential use. This type of zoning is typically buffered from Single-Family (R-1) zoning by R-2 or R-3 zoning. The existing R-2 zoning acts as a buffer from the R-1 zoning; therefore, the proposed R-M zoning conforms with this standard zoning practice. [Site Plan submitted by Developer/Applicant shown on screen.] • The applicant’s Letter of Intent suggests that the PD/Rezone will help create a mix of single family, two-family, and multiple family lots in the area which will help increase the chances of developing the remaining commercial lots to the south, across the alley. • The design of the development is proposed to complement and address the General Plan which recognizes there is vacant private property abutting residential neighborhoods that needs infill development. • The property owner is a local construction contractor who feels the apartment building development will help fill a need of the community for more workforce housing. The units are proposed to be long-term leases only, with no short-term rentals. Lake Havasu City Page 4 Printed on 3/9/2023 Planning and Zoning Commission Minutes - Final January 18, 2023 • The applicant’s Narrative and General Development Plan describe a three-story, 87-unit multiple-family apartment building. The apartments are a mix of 57 one- bedroom, 21 two-bedroom, and 9 three-bedroom units. This results in a density of just over 40 units per acre. • The maximum density for the R-M zoning district is 20 units per acre, therefore the applicant is asking for a Planned Development (PD) to increase the density to 41 dwelling units per acre. • This proposed increase in density is supported by the High Density Residential General Plan designation. [Site Plan/Aerial Overlay shown on screen.] • The nearest residences are across Delta Drive and McCulloch Boulevard. The subject property’s minimum building setbacks along these streets vary from 10 feet to 15 feet. • The building is shown set back about 50 feet from both the Delta Drive and McCulloch Boulevard property lines. This is more than what is required and will result in about 130 feet between the new apartment building and the nearest residences across Delta Drive. [Building Elevations shown on screen.] • The building elevations show a three-story building with varied parapet roof heights. The units will have outdoor patios and balconies. The building exterior is shown as a mix of white and grey stucco, and gray split face block. The building will have a number of alcoves and recesses to break up any long expanses of exterior walls. • The R-M zoning district allows buildings of up to 30 feet in height. The existing C-1 allows up to 25 feet in height. The General Development Plan shows a building height of about 28 feet from the property’s maximum grade, which is the grade of McCulloch Boulevard near the north edge of the property. • The lots slope downward from this maximum grade. Therefore, the developer will dig down about 12 feet from the McCulloch Boulevard elevation to help level the site. This results in a building parapet height of just over 39 feet from the finished floor of the building, but only 28 feet from the McCulloch Boulevard elevation. • No building height exception is requested or required. [Site Plan showing Parking spaces was shown on screen.] • Parking for the project is shown as 87 covered parking spaces, 15 uncovered spaces, and 18 visitor spaces. The proposed number and types of parking spaces meet the Development Code standards. • However, as part of the PD, the applicant is asking for a parking setback exception for the spaces fronting McCulloch Boulevard. Due to the slope on the lot, these parking spaces will be below the level of McCulloch Boulevard and the reduced parking setback is not anticipated to be a major impact. Requesting 10 feet from property line rather than standard of 15 feet. • Landscaping is also shown on the Plan. The required number of trees, shrubs, decorative rock ground cover, as well as the overall percentage of landscaping, meet Lake Havasu City Page 5 Printed on 3/9/2023 Planning and Zoning Commission Minutes - Final January 18, 2023 the Development Code standards. The required 10-foot landscape buffer is shown along all street rights-of-way. • No landscaping exceptions are needed or requested. Vice Chairman Diaz stated there was a lot of talk about water conservation and future restrictions at City Council last week. Are low water maintenance type plants/trees going to be used in this project? Mr. Morris stated the City has suggested plant types and request they be adhered to while doing Design Review. Typically, it is the desert plants you see, like Acacia, Palo Verde, etc. which will be low water usage plants. Mr. Stevenson clarified that as it stands, if these lots were going to be developed as originally zoned on McCulloch Blvd, the proposed buildings will not exceed what would have originally been built. Mr. Morris stated the existing C-1 zoning allows up to 25 feet in height from each lot. When lots are combined, the max height is established based on the combined lots. Ms. Ballard asked if the developer is going to dig down along McCulloch Blvd, to not exceed the 30 feet, what will the height of the building be along Delta Drive? Mr. Morris stated it will be around 40 feet. The developer is proposing to dig down about 12 feet to level the site. Mac Hall, Iris Development Services, stated they did have neighborhood meeting and one of the big concerns was that we originally had an entrance off of Delta on the south side. Per discussion and recommendation from the neighborhood, we have moved the entrances as close to McCulloch as possible. We shifted it over to the alley way for the secondary entrance to try to keep the traffic as close to McCulloch as possible and not wrap all the way around Delta. Vice Chairman Diaz opened the Public Hearing. Steve Brenier stated he is concerned about the parking. With so many units in such a condensed area, it does not appear there will be enough public parking for guest and tenants. Mr. Morris stated parking requirements for this property are 1.5 spaces for every unit, then guest parking at a rate of 1 per every 5 units. Requirements are based on number of bedrooms per unit. The 87 proposed units with a mix of one, two, and three bedroom units meet requirement with the proposed 87 covered parking spaces and 15 uncovered for a total of 102 parking spaces. The 87 covered spaces per unit and the 15 uncovered are for the extra two and three unit bedrooms type units and then there are 18 visitor spaces for guests. Ms. Ballard stated that these are going to be occupied by people that usually have more Lake Havasu City Page 6 Printed on 3/9/2023 Planning and Zoning Commission Minutes - Final January 18, 2023 than one vehicle and asked if there are any limitations against people parking on Delta Drive. Mr. Morris stated that Delta Drive, is like any other street in town in which you are allowed to park in the right-of-way, as long as it is not causing traffic hazards or signed otherwise as in "No Parking". Patty Holder, owner of Pets and Paradise Resort on two commercial lots neighboring subject property. She is concerned about the alley way and asked if they going to be parking in the alleyway all they time if they do not have enough room to park on site- being that they have trailers and boats and everything else. Mr. Morris stated that the alley way is the same as in a right-of-way. Typically there is not a lot of room in the alley way for parking. It will come down to PW and/or Police determine whether that is a traffic hazard. There are other alleys in town that are posted as No Parking. If this becomes an issue or it is anticipated to become an issue, no parking posting may possibly be marked. At this point it is up to Police and Public Works to make that determination. James Gray, Director of Partnership for Economic Development (PED), stated he is coming before the Planning Commission in support of project. The PED completed a housing assessment in November and brought up a couple of points: • Housing mix is out of order- there are a lot of single family residents but not a lot of apartment complexes. When single family houses were valuing over 30 percent, the stock of houses was sold at highest rate leaving a housing burden significantly higher that the state. Meaning, 1)The people in the rental market don't have access to apartment complexes and 2) there is just not enough in the mix. • Economic Development supports the project because it fits the need. Great location- a lot of times we are rezoning locations to make them fit, but in this case, this fits the location. Mr. Morris stated that an email was received late last evening/early morning and the email has been distributed to the Commission at their dais. Vice Chairman Diaz closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 23-3622, for a Planned Development Rezone for 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 Thru 9, from Limited Commercial (C-1) District to Multiple-Family/Planned Development (R-M/PD) District allowing a maximum density increase from 20 dwelling units per acre to 41 dwelling units per acre and allowing a 5-foot encroachment into the required 15-foot front setback for vehicle parking abutting McCulloch Blvd S. This item will go to the City Council’s February 14, 2023, meeting Lake Havasu City Page 7 Printed on 3/9/2023 Planning and Zoning Commission Minutes - Final January 18, 2023 with the Commission's recommendation. Ms. Medley commented on the parking situation. She is in favor of high residential but feels the Commission really needs to address parking. Ms. Ballard fully supports the need for apartments in Lake Havasu. Feels this is a good plan; however, she is concerned with the density. Perhaps this is a little too dense for the neighborhood, being that the back of the property would be 40-foot in height. She thinks it is a little restrictive and, even though the parking meets requirement, she thinks it is still an issue that would be better served if this property were developed in a less dense manner. Ms. Wilson made a motion to approve [recommend the City Council approve] ID. 23-3622, for a Planned Development Rezone for 740, 730, 720, 710, 700, & 670 Delta Drive and 681, 691, & 701 McCulloch Boulevard S., Tract 2222, Block 5, Lots 1 Thru 9, from Limited Commercial District to Multiple-Family/Planned Development District allowing a maximum density increase from 20 dwelling units per acre to 41 dwelling units per acre and allowing a 5-foot encroachment into the required 15-foot front setback for vehicle parking abutting McCulloch Boulevard S. The motion was seconded by Ms. Dzuro and carried by the following vote: Aye: 5 - Medley, Diaz, Dzuro, Lehr and Wilson Nay: 2 - Ballard and Stevenson 7. CALL TO PUBLIC None. 8. FUTURE MEETING The meeting scheduled for February 1, 2023 has been cancelled due to room availability. The next Regular meeting is scheduled for February 15, 2023. 9. ADJOURNMENT Vice Chairman Diaz adjourned the meeting at 9:33 a.m. _________________________________________ David Diaz, Vice Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 8 Printed on 3/9/2023