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Planning and Zoning Commission

Regular Meeting

Lake Havasu City, AZ · February 15, 2023

AgendaMinutes

Minutes

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, February 15, 2023 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 Member Mitchell was seated. Present: 8- Jim Harris, Matthew Mitchell, Gabriele Medley, David Diaz, Joan Dzuro, Paul Lehr, Tiffany Wilson and Lonnie Stevenson Absent: 2- Suzannah Ballard and Dane Hatch 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris gave an update of the last City Council meeting and stated the Delta Drive General Plan Amendment recommended for approval by the Planning Commission was approved; however, the PD/Rezone from commercial to high density residential failed due to a lack of a motion. Present: 9- Jim Harris, Donald Bergen, Matthew Mitchell, Gabriele Medley, David Diaz, Joan Dzuro, Paul Lehr, Tiffany Wilson and Lonnie Stevenson Absent: 2- Suzannah Ballard and Dane Hatch 5. MINUTES Approval of Regular Meeting Minutes from January 18, 2023. Ms. Dzuro made a motion to approve the Minutes of the last meeting as submitted. The motion was seconded by Ms. Wilson and carried by the following vote: Present: 8- Jim Harris, Matthew Mitchell, Gabriele Medley, David Diaz, Joan Dzuro, Paul Lehr, Tiffany Wilson and Lonnie Stevenson Lake Havasu City Page 1 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 Absent: 2- Suzannah Ballard and Dane Hatch 6. PUBLIC HEARING ID 23-3654 Request for a Preliminary Subdivision Plat for Site Five Townhouses, at 2820 Palisades Drive, Tract 2226, Block 2, Lot 15, Creating a 4-Unit Residential Townhouse Subdivision in the Residential Limited Multi-Family (R-3) District (Trevor Kearns) Mr. Kearns thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: [Area Map shown on screen.] • The subject property is located on Palisades Drive, between Avalon Ave and Simitan Drive. [ Zoning Map shown on screen.] • The properties to the north, east and west are zoned Residential Limited Multi-Family (R-3) District and developed for residential uses. • The properties to the south are zoned Limited Commercial/North Kiowa Overlay (C-1/NKO) District and are a mixture of developed and undeveloped commercial lots. [Preliminary Plat Map shown on screen.] • The site is currently vacant but building permits have been submitted and design review is underway. The proposed townhouse plat will allow the units to be individually owned and they will be part of an association along with the common portions of the development. • The project includes: · Two 1-bedroom residential units and two 2-bedroom residential units with attached garages and two uncovered parking spaces · Parcel A - An easement for ingress, egress, maintenance and operation of utilities, sewage, drainage, refuse collection, and emergency vehicles. • The project will have a property owners association to manage and maintain the association improvements. Parcel A will be privately owned and the water and wastewater within the subdivision will be installed and maintained by the association. Lee Johnson, APL Surveying stated Staff explained the project right. It is 2 two-bedroom units and 2 one-bedroom units and each of the units have 40-foot deep RV garages attached to them. This project is currently at the beginning stage of construction. This process just allows the individual units to be sold to individuals instead of being one large rental property. No questions were asked by the Commission. 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 23-3654, a Preliminary Subdivision Plat for Lake Havasu City Page 2 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 Site Five Townhouses, at 2820 Palisades Dr, Tract 2226, Block 2, Lot 15, creating a 4-Unit Residential Townhouse Subdivision in the Residential Limited Multi-Family (R-3) District. Ms. Wilson made a motion to approve Land Use Action 23-3654, a Preliminary Subdivision Plat for Site Five Townhouses, at 2820 Palisades Drive, Tract 2226, Block 2, Lot 15, creating a 4-Unit Residential Townhouse Subdivision in the Residential Limited Multi-Family (R-3) District. The motion was seconded by Ms. Dzuro and carried by the following vote: Aye: 7 - Harris, Mitchell, Medley, Diaz, Dzuro, Lehr and Wilson Absent: 2 - Ballard and Hatch ID 23-3656 Request for a Preliminary Subdivision Plat for Oro Estates Townhouses, at 3429 Oro Grande Boulevard, Tract 2217, Block 6, Lot 9, Creating a 3-Unit Residential Townhouse Subdivision in the Residential Limited Multi-Family (R-3) District (Trevor Kearns) Mr. Kearns thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: [Area Map shown on screen.] • The subject property is located on Oro Grande Blvd, between Buena Vista Ave and Sunny Ridge Drive. [Zoning Map shown on screen.] • The properties to the north and south are zoned Residential Limited Multi-Family (R-3) District and developed for residential uses. • The property to the west is zoned Residential Single-Family (R-1) District and developed with an elementary school. • The property to the east is zoned Limited Commercial (C-1) District and is developed into a pre-school. [Preliminary Plat Map shown on screen.] • The site has been recently developed into a 3-unit multi-family complex. The proposed townhouse plat will allow the units to be individually owned and they will be part of an association along with the common portions of the development. • The project includes: · 3 two-bedroom residential units with attached garages and one uncovered parking space. · Parcel A - An easement for ingress, egress, maintenance and operation of utilities, sewage, drainage, refuse collection, and emergency vehicles. • The project will have a property owners association to manage and maintain the association improvements. Parcel A will be privately owned and the water and wastewater within the subdivision will be installed and maintained by the association. Lake Havasu City Page 3 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 Lee Johnson, APL Surveying stated that as Staff presented, this project has 3 units with each being a two-bedroom unit with attached two-car garages. Again, this process just changes the way ownership can be held for these units. No questions were asked by the Commission. 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 23-3656, a Preliminary Subdivision Plat for Oro Estates Townhouses, at 3429 Oro Grande Blvd, Tract 2217, Block 6, Lot 9, creating a 3-unit residential townhouse subdivision in the Residential Limited Multi-Family (R-3) District. Mr. Diaz moved to approve Land Use Action 23-3656, a Preliminary Subdivision Plat for Oro Estates Townhouses, at 3429 Oro Grande Boulevard, Tract 2217, Block 6, Lot 9, creating a 3-unit residential townhouse subdivision in the Residential Limited Multi-Family (R-3) District. The motion was seconded by Ms. Medley and carried by the following vote: Aye: 7 - Harris, Mitchell, Medley, Diaz, Dzuro, Lehr and Wilson Absent: 2 - Ballard and Hatch ID 23-3650 Request for Approval of a Preliminary Subdivision Plat for Trinity at Havasu Foothills Estates, Tracts 2391, 2411, and 2412, located at 6000 Cherry Tree Boulevard, APN’s 113-01-034 & 113-01-044, Creating 68 Residential Lots in the Residential Estates/Planned Development (R-E/PD) District. (Luke Morris) Mr.Morris thanked the Chairman, provided some background information about Foothills Estates overall and presented a PowerPoint slideshow and narrative including some of the following key points: • In 2000, the area was annexed and a development agreement was entered into. • In 2003, there was a specific plan that established a total of 697 residential units, a commercial element, and a school site. • In 2006, a General Development plan was created that included a town center, some home sites, and a park. • In 2016, there was a 100-foot Right-of-Way that was removed which was part of a bypass that was never came into fruition and the Development Plan was updated, relocating the school to the third/future phase, and it revised the parks a little bit. • In 2017, there were some zoning revisions that changed some of the C-1 (General Commercial) to MU-G (Mixed Use General) and changed some MU-N (Mixed Use Neighborhood) to MU-G (Mixed Use General), then changed some C-1 (General Commercial) to RE (Residential Estates). Lake Havasu City Page 4 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 • Originally in 2000 there was a development agreement. That development agreement had a time frame for expiration and has passed that time frame. The development agreement for 2000 is no longer valid and is now expired. [Area Map shown on screen.] • The subject property is located at the north end of Cherry Tree Boulevard in the Havasu Foothills Estates development. • It totals 40.47 acres and has been rough graded. • A wash abuts the property to the south. [Zoning Map shown on screen.] • The property and the abutting properties to the west, south, and east are zoned Residential Estates/Planned Development (R-E/PD) and are vacant. • The City limits abut the northern edge of the property. • The entire Havasu Foothills Estates Planned Development is currently entitled to a total of 697 residential units. • To date, 607 lots have been planned or platted. This project includes 68 residential lots to be completed in three final plats. • This results in a balance of 22 lots available for the current Havasu Foothills Estates entitlement. [Preliminary Plat Map shown on screen.] • The property is zoned R-E/PD and is proposed to meet all the Residential Estates (R-E) development standards. • An all-weather wash crossing will connect the development to the end of Cherry Tree Blvd. • Public streets with city sewer and water infrastructure are proposed. • Two private lift stations are also planned and may be the subject of a development agreement to outline maintenance responsibilities for those improvements when the final plats are reviewed. • The preliminary plat also shows future phases to the west and the location for a second all-weather wash crossing located at the Cherry Tree Blvd/Avienda Tierra Vista intersection. • The future public street is a proposed 84-foot wide right-of-way providing a direct connection through Arizona State Trust Land to existing city right-of-way in the Lodestar Drive area. • The proposed street is shown to establish a location for a second connection to Havasu Foothills Estates and is not part of this preliminary plat submittal. • The future phases and right-of-way connection through Arizona State Trust Land will require an amended or new planned development rezone and a development agreement before they are developed. Chairman Harris stated that based on what is already approved, there is no requirement for an additional access, correct? Mr. Morris affirmed and stated that the 697 residential Lake Havasu City Page 5 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 units is based on a single access point. Chairman Harris just wanted to clarify that it (single access) was sufficient at the time and still is. Peter Furlow, Rose Law Group, thanked Mr. Morris on his presentation and stated he spoke about a lot of Mr. Furlow wanted to say. He reminded the Commission that the 697, what is being discussed today, is just the additional lots that you see on the preliminary plat. It is nothing that is going west and nothing over that. Anything with that would require a PD Amendment, which would require a neighborhood meeting and it come back to the Commission and go to City Council from there. It would be a lengthier process and require notice to the public. He stated he would be happy to discuss anything presented here with the public. The additional 68 residential units shown on screen is what is being discussed today. Chairman Harris asked if the 68 lots for this item are only in Areas/Blocks [Phases] 1, 2, and 3 on the map shown on screen. Mr. Furlow affirmed. Chairman Harris asked if the other area on the side [Phases 4-8] are not planned to be developed at this time? When Mr. Furlow affirmed again, Chairman Harris asked if those will be developed at some point in the future the developer might try to achieve and Mr. Furlow stated he was correct, with neighborhood outreach they would be happy to get feedback as well as from Staff. Mr. Diaz asked if any grading or infrastructure has been started in Phases 4-8? Mr. Furlow stated that not to his knowledge. Chairman Harris then asked if none of that area is platted or graded, Britt Wolf, APX West approached the podium and stated the property/entire site has been mass graded through the city with an "At Risk" permit without disapproval. Chairman Harris opened the Public Hearing. Dawn Kirk stated Mr. Diaz asked if any of the other phases [4-8] are in a planning stage. She pointed out that Trinity has already put in an application for Phases 4-8. Chairman Harris asked Mr. Morris if he could confirm this and Mr. Morris stated no applications have been received for those phases. The only application the City has is for a rough grading for the entire property. Ms. Kirk asked if Staff does not have a permit submitted on Jan 30th for 23 lots? Mr. Morris stated that is in a totally different area, totally different project. There may have been an application submitted for a project to the north of this item which is owned by a different owner. Jeff Thuneman, Development Services Director approach the podium and stated Mr. Morris is correct, that application started with 22 or 23 lots and was revised to 16 lots, in an area known as the Villas. Those lots are also included in the original 697 lots. The Lake Havasu City Page 6 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 future phases to the west have to come back for either a PD/Rezone or a PD Amendment if they ever choose to do that. Ms. Kirk asked where is the parcel for the school? Mr. Morris stated that the school parcel, per the revised PD Ordinance, is going to be on Phase 3. There has not been a planned development rezone for Phase 3 yet. Any lots over 697 will require a new Planned Development or rezone. At this point, Staff has preliminary reached out to the schools and at this point they are not interested in a new school but it is something Staff will get confirmation on when they go through Phase 3 of the project. Ms. Kirk stated that with all due respect, this is Phase 3 which encompasses that 150 acres. If the Planning Commission sends forward a recommendation to City Council, again the Planning Dept is shirking its responsibilities and kicking the can down the road and her fear is that the school, fire station, park, etc. will get pushed by the wayside and lost in the shuffle with the paperwork that is being presented by Trinity. That is exactly what they are doing by breaking this up. We were sold certain things when we decided to buy up there- a school, park, bypass, the town center, the fire station, and nothing has been done. Instead, the whole community has been fractured and the Commission has lost site of what the General Plan was. Even if the school site is not on this site, where is it in the rest of the plot map? The community feels betrayed right now. Touched up on At Risk grading permit. She cannot understand how the City can give a developer a permit to go ahead and grade hundreds of lots that do not conform to the zoning restrictions. She stated she cannot express enough the debilitating affect that it has on the community. It basically sends out message that City does not care, the rules don't matter and the developer can basically do anything they want to do. The community feels like it is a done deal and there is nothing the community can do about it. Emiliano Torres, Havasu Foothills resident, followed up on the community concern over the development, he stated that state requires we have a community get together prior to a development being built. There was one about three or four months ago but that was different from this item. The fracturing of development, so we can have a community meeting for one development but then presented to you as a different development. There is no connection to...Cherry Tree is the only Avenue for this and all the other developments up in that area. There is no consideration for any other approach. There has been discussion of Lodestar, Yazoo, but those people have not been notified that they are going to have a major development coming through their neighborhood. Out in the hallway, you have the Fire Department Independent Study. In the back of it, the critical need is Fire House #7 now on Sloop & McCulloch, downhill from this area. Fire trucks have a difficult time going uphill. The only other likely access is a fire road on the back side of the Foothills. On any given day, that fire emergency access is blocked by construction or by the people that like to hike the area and park in front of the lot with the pad locks. Last night the City approved a water booster pump for that community Lake Havasu City Page 7 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 because it lacks water pressure. By approving this development do we now put ourselves behind the 8 ball again for lack of water pressure? Last night Council Member Campbell stated that we need to address the parking issue. The Guidelines that the City uses are statewide, not for this community with RVs, side by side. Mr. Torres would suggest to allow the community to meet with the developer as the state requires prior to a development. Roger Wickline reminded the Commission that in the planning document that was approved by the City Council in 2014 regarding service levels, that is GM.1.1C allowing development in the areas that can be reasonably serviced by police, fire, and emergency response services without negatively impacting service levels or increasing costs for current users. He stated that fire response to the Foothills is from Station 4, which is over 4 miles from his home. He is concerned about response times if that fire station were to be on call elsewhere and a different fire station had to respond to his emergency needs. Response time already over accepted norms and fire sprinklers are required at his property due to fire department delayed response times. Mr. Wickline asked the Commission to not recommend approval to City Council unless these issues of access and fire response times are completed and in place first. He also asked Chairman Harris to recuse himself from this project as he is a prominent home builder at the Foothills and stands to benefit financially from the approval of this project. Joe Nevares, Foothills resident stated a couple of concerns. The first is not having a second ingress/egress. They are just like the island, one way in and one way out. As an example, he cited that last September, on Labor Day weekend, a gentleman in his off road vehicle decided to go extremely fast and crashed into curb/wall. They could not get into our development for one hour and a half. Both sides with the median being in place were blocked. Emergency vehicles were on one side blocking the down bound lane and more emergency vehicles and patient care being done on the up bound lane. He had pictures available. That is an extreme concern. The Council has mentioned that there needs to be a second road when they approve this development. You want to disrupt folks on Lodestar with second access road. Have you gone up and looked at Lodestar? That is like driving up an alley way as it is so small. Now you want to take an extra 90 homes, double that with two vehicles per home, that is a lot of cars. You cannot say that there is no impact on it. Mr. Nevares feels a proper traffic study should be done. He asked if at the bottom of map, will it remain a wash? Or are they going to slip in more storage units? Chairman Harris stated it appears to be an easement. Keith Turner. Foothills Estates resident stated that because of the probability of 68 homes and what is already available up there the Commission is going to be approve this item. However, he stated that this is not what APX has presented to them. Mr. Turner had a document with the slides of what was presented at a public meeting describing what they Lake Havasu City Page 8 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 are proposing. The title of the slide says "What we are proposing" It begins by saying "92 lots currently available. The Original PD was 697. We are proposing 200 additional residential units for a total of 897 for the total development. In addition we are going to ask for approval of 45 Townhomes (luxury RV garage townhomes)". Luxury RV Garages should not go on the same line as townhomes. Mr. Turner stated that what APX is actually proposing is almost 340 additional houses up in that area. If you approve the 68 units, where we are going to be is they have rough graded the entire project, they have started installing infrastructure, and now they are going to be able to start building 68 homes. When are we going to say enough is enough. Next time they come here and the ask for a zoning review, you are going to say it is already graded, they have started building, shouldn't we just go ahead and approve what is left? Mr. Turner just wants to remind the Commission that 68 homes is not what they are asking for as there is no mention of 68 homes on what they were proposing to the community. Tom Boyd stated he attended the meeting Mr. Turner just brought up. He requested a copy of the traffic report that was mentioned at that meeting. They were promised access to that traffic report because they were assured everything was fine with the roadway segments of Cherry Tree. He asked what about the intersection of Cherry Tree and McCulloch? It has been months and they have not seen the report. His other issue about traffic is that the whole Foothills area was based on the second access which was the bypass. That bypass is gone. We are just going to become an island. We just keep adding lots and no one is looking at the impact. Chairman Harris closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of Land Use Action 23-3650, a Preliminary Subdivision Plat for Trinity at Havasu Foothills Estates, Tracts 2391, 2411, and 2412, located at 6000 Cherry Tree Blvd, APN’s 113-01-034 & 113-01-044, Creating 68 Residential Lots in the Residential Estates/ Planned Development (R-E/PD) District. Chairman Harris clarified that as a general contractor and a builder, he does not have any ownership, financial interest, or relationships in this project here today- none whatsoever. Secondly, this development was only intended for 697 lots. They are not exceeding that at this point. The Development Agreement states that is all they can have. Their plans for the future are pretty ambitious and risky. There is a whole different process for that when it comes time. Chairman Harris does not see that happening but it is up to the community to speak up when this comes before the Commission and the City Council. This development was only designed for 697 lots. Ms. Dzuro understands the egress/ingress issues. As Chairman Harris stated, they already Lake Havasu City Page 9 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 have 697 lots approved and this request stays with what has been approved. The Commission cannot look at what may be down the future. The Commission is tasked with only looking at what is before the Commission at every meeting and evaluate to determine if this complies with current General Plan or previous approvals. She has not met a developer in town that is not looking at the future. That is what they do- they build, that is where they make their money. There will always be builders with plans that they hope will come about. Whether they get approved or not will be determined at the time. Ms. Dzuro does feel that it is a reasonable plan to have a traffic study for any development beyond the 697 approved lots. Chairman Harris stated that typically those traffic studies are done by the developer and required by the City at the time of proposed application. Mr. Lehr asked if all conditions from the original 2016 Planned Development complied with today. Mr. Morris stated he believes they are. There is a condition for two small parks and a school which has been moved to the third phase. If they do anything beyond the 697, it will be considered the Third Phase. Anything in that third phase will have to be addressed through the PD/Rezone process, as well as a development agreement with the City for things like access and time frame and who is responsible for what. Everything from previous rezones have been met. Mr. Thuneman stated a traffic study was completed in 2003 when the original 697 residential units came to fruition and were approved. Moving forward, with anything above the 697 lots, a traffic study will be required with the third phase during the preliminary plat process. Mr. Diaz asked for clarification if the traffic study from 2003 mentioned that they were going to put in a bypass? Mr. Thuneman here has been mentioned of secondary access for emergency purposes based on that study. State land was acquired for that secondary access. Mr. Diaz asked for additional clarification if sewage has been put in place on Phases 4-8? Mr. Thuneman stated that the City was notified by a citizen that there was infrastructure installed out there. Right now they only have an "At Risk" grading permit. The City did get a call and some pictures that showed some infrastructure so we did an investigation and determined that yes, there was a storm drain installed without an inspection. The City went through the Code Enforcement process and issued a violation for constructing without a permit and gave them a time frame. They have since submitted for the Final plat for this piece of property which includes the design and construction of that storm drain system, for the water and sewer for that community. That is currently under review by staff. Seeming how that was done without a permit, that part of the permit will be double-feed. By approving this today, the developer has to stick to that [the preliminary plat presented today]. If the developer has other plans, different from what is Lake Havasu City Page 10 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 being approved today, they will have to come back for approval. Chairman Harris stated that the developer is basically hedging their bet and going with smaller lots on this parcel that they are asking for today and filling up the 697 on this smaller parcels betting on the future that they will get all of these other smaller parcels down the road. Mr. Thuneman stated these are RE (Residential Estates) so they are technically not small lots with 15,000 square-foot minimum pads, similar to golf course area type lot. When questioned by Chairman Harris, Mr. Thuneman stated the developer can come back before the Commission for the remaining 22 lots, in the same manner as they are coming today. Mr. Thuneman stated that the developer has taken concerns received from the community and City and is working with the State to get a right-of-way/second exit. A note has been added and will be recorded with the final plat. Staff felt comfortable moving forward with this process with an understanding that this is a possibility we will go through when we go through that PD Amendment. Chairman Harris reminded the Commission that the item being presented today is only for blocks [Phases] 1, 2, and 3 as presented on the Preliminary Plat. He and Mr. Diaz stated it is a gamble to start doing infrastructure on something that might not get approved. Ms. Wilson moved to approve Land Use Action 23-3650, a Preliminary Subdivision Plat for Trinity at Havasu Foothills Estates, Tracts 2391, 2411, and 2412, located at 6000 Cherry Tree Boulevard, APN's 113-01-034 & 113-01-044, Creating 68 Residential Lots in the Residential Estates/Planned Development District. The motion was seconded by Mr. Mitchell and carried with the following vote: Aye: 7 - Harris, Mitchell, Medley, Diaz, Dzuro, Lehr and Wilson Absent: 2 - Ballard and Hatch 7. CALL TO PUBLIC Dawn Kirk stated she is a little bit disappointed that the Commission did not connect the dots. She believes that whole section that Trinity has is Phase 3. On that map that she is looking at [Preliminary Plat] there is no land set aside for a school. So when Mr. Morris stated they did complete all the requirements on the General Plan, that is not true. The developer was allowed to build the park in two phases based on the number of Certificate of Occupancies issued. That was never done. The park requirement was not completed. Tom Boyd stated there was a comment that there was no second access discussed, only a fire access for the Foothills development. At one time, there was a State Right-of-Way dedicated where Avienda De Las Foothills is now. That was to be a the bypass from Sara Park to the airport. In 2016 the City relinquished that Right-of-Way stating the planning for that area was void. Basically the assumptions used for circulation in the entire Foothills, including this is not valid anymore. It really needs to be looked at how we Lake Havasu City Page 11 Printed on 3/15/2023 Planning and Zoning Commission Minutes - Final February 15, 2023 get in and out or else we are going to become an "Island" with no second access. This concept that Lodestar or any other access will not happen. The developer will say, "we tried, but the State won't give us the Right-of Way, and we are stuck". Roger Whitline disagreed with Mr. Harris' analysis of not having a conflict of interest as a home builder in the area. Don't know how many homes you have built in the Foothills. You may not have a financial interest in this particular property at this time but if anybody purchases a lot there and hires you to build them a home, you have a financial interest in that. By approving this project, you seem to be able to benefit financially. You can shake your head all you want. Chairman Harris stated "I don't". 8. FUTURE MEETING The meeting scheduled for March 1 has been cancelled due to no items being submitted. The next Regular meeting is scheduled for March 15, 2023. Prior to Mr. Diaz making a motion for a future agenda item, Kelly Garry, City Attorney recapped from last night's City Council and stated she does not believe Mr. Diaz has to make a motion but may do so after her statement. Last night, there was a request from City Council for a future agenda item that the Planning Commission discuss future parking requirements. Staff has not had any time to look into this so additional information cannot be provided at this time. Through the discussion last night with Council, the end result was to bring the issue to the Planning Commission first, let the Commission digest and make any recommendations for parking requirement changes to Council. That will be forthcoming to the Commission in the near future. Ms. Garry stated the City has its own parking requirements to fit our community and not State parking standards. Ms. Dzuro was under the impression that traffic study would also be looked at; however, Ms. Garry stated that was not the intent of the City Council. Mr. Morris stated that a Traffic Study will be looked at with Phase 3 of the Foothills, which is what Ms. Dzuro's concern was. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 10:12 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 12 Printed on 3/15/2023

Agenda

Jim Harris, Chairman Lake Havasu City Suzannah Ballard Police Facility David Diaz 2360 McCulloch Blvd North Joan Dzuro Lake Havasu City, Arizona 86403 Paul Lehr www.lhcaz.gov Gabriele Medley Tiffany Wilson Dane Hatch, Alternate Matthew Mitchell, Alternate Lonnie Stevenson, Alternate Planning and Zoning Commission Regular Meeting Agenda Wednesday, February 15, 2023 9:00 AM One or more members may be participating and voting via remote conferencing. Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities, and services to all persons with disabilities in accordance with the Americans with Disabilities Act. If you need an accommodation for a meeting, please contact the City Clerk's Office at 453-4142 at least 24 hours prior to the meeting so that an accommodation can be arranged. The Commission may vote to hold an executive session for the purpose of obtaining legal advice from the Commission's attorney on any matter listed on the agenda under A.R.S. § 38-431.03(A)(3). 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CORRESPONDENCE AND ANNOUNCEMENTS 5. MINUTES Approval of Regular Meeting Minutes from January 18, 2023. 6. PUBLIC HEARING ID 23-3654 Request for a Preliminary Subdivision Plat for Site Five Townhouses, at 2820 Palisades Drive, Tract 2226, Block 2, Lot 15, Creating a 4-Unit Residential Townhouse Subdivision in the Residential Limited Multi-Family (R-3) District (Trevor Kearns) Attachments: Area Map Zoning Map Preliminary Plat ID 23-3656 Request for a Preliminary Subdivision Plat for Oro Estates Townhouses, at 3429 Oro Grande Boulevard, Tract 2217, Block 6, Lot 9, Creating a 3-Unit Residential Townhouse Subdivision in the Residential Limited Multi-Family (R-3) District (Trevor Kearns) Lake Havasu City Page 1 Printed on 2/8/2023 Planning and Zoning Commission Regular Meeting Agenda - Final February 15, 2023 Attachments: Area Map Zoning Map Prelminary Plat ID 23-3650 Request for Approval of a Preliminary Subdivision Plat for Trinity at Havasu Foothills Estates, Tracts 2391, 2411, and 2412, located at 6000 Cherry Tree Boulevard, APN’s 113-01-034 & 113-01-044, Creating 68 Residential Lots in the Residential Estates/Planned Development (R-E/PD) District. (Luke Morris) Attachments: Area Map Zoning Map Preliminary Plat 7. CALL TO PUBLIC 8. FUTURE MEETING The meeting scheduled for March 1, 2023 has been cancelled, as no items were submitted. The next Regular meeting is scheduled for March 15, 2023. 9. ADJOURNMENT Lake Havasu City Page 2 Printed on 2/8/2023

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