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, April 5, 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 Stevenson was seated. Present: 7- Jim Harris, Gabriele Medley, David Diaz, Joan Dzuro, Paul Lehr, Tiffany Wilson and Lonnie Stevenson Absent: 3- Matthew Mitchell, Suzannah Ballard and Dane Hatch 4. CORRESPONDENCE AND ANNOUNCEMENTS None. 5. MINUTES Approval of Regular Meeting Minutes from March 15, 2023. Mr. Diaz made a motion to approve the Minutes of the last meeting. The motion was seconded by Ms. Dzuro and carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Dzuro, Lehr, Wilson and Stevenson ID 23-3711 Approval of a Conditional Use Permit for 201 Swanson Avenue, Tract 2337A, Block 3, Lot 10, to Allow Four Mobile Food Vendors, a Permanent Building, and a Shade Structure in the Limited Commercial (C-1) 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.] • The subject property is located on Swanson Avenue north of Smoketree Avenue Lake Havasu City Page 1 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 between Palace Way and Imperial Way. An alley abuts the rear of the property. [Zoning Map shown on screen.] • The subject property and the properties to the north, east, and south are zoned Limited Commercial (C-1) District and developed as commercial uses. The property to the west, across the alley, is zoned Multiple-Family/ Planned Development (R-M/PD) and developed with residential accessory storage units. [Aerial shown on screen.] • The property is currently undeveloped but is paved and has three light poles and appears to be used for overflow parking for the area. It measures 100’ wide and 150’ deep, with the front 95’ set aside as a Parking-In-Common (PIC) area and the rear 5’ as a Public Utility easement, resulting in a 100’ wide x 50’ deep buildable area. The proposed building, shade structure, and mobile food units are shown within this buildable area. • The property owner also owns the Rebel BBQ restaurant located on Acoma Boulevard and wishes to expand onto this location and provide spaces for four mobile food vendors. [Site Plan shown on screen.] • The application proposes a food truck court at 201 Swanson Avenue that would include areas set aside for four food trucks, an approximately 200 sq. ft. fabric shade structure for an outdoor sitting/dining area, and a 720 Sq. ft. building for restrooms, a bar, and a Rebel BBQ restaurant. • The 18’ x 40’ restroom/bar/Rebel BBQ building is shown in the southeast area of the lot. The 15’ x 20’ shaded sitting/dining area is in the southern portion of the buildable area. Three of the mobile food unit locations are shown within the northern area and one is near the southern area of the buildable area. At least 10’ separation is provided between all structures and mobile food units. • The site plan also shows a wrought iron fence with two entrance gates and a swinging man-gate between the parking area and the buildable area. A similar fence connecting to the back of the proposed building is shown at the rear of the buildable area. A trash enclosure is shown in the southwest corner of the property and five light posts are shown within the buildable area. • The lot is part of an approved PIC area, therefore, the parking requirement is satisfied with paving and striping of the PIC area of the property to match the existing parking pattern in the block. If it were not part of a PIC plan, the development would require 15 parking spaces. The site plan submitted with the request shows 15 parking spaces provided, and room for two additional spaces. • The site plan also shows landscaping located at the front of the property between Swanson Avenue and the PIC area. The proposed landscaping includes trees, shrubs, and decorative rock ground cover meeting the development standards. [3-D Renderings of proposed development shown on screen]. Lake Havasu City Page 2 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 Chairman Harris asked Mr. Morris to discuss the already paved parking lot. Why is it already paved and was it not paved to accommodate the movie theatres across the street? Mr. Morris stated there was something in the history of the property that indicated it was provided as overflow parking for developments across the street- Movies Havasu and what is now called The Foundry. The existing Parking-In-Common Plan for said developments (Movies Havasu and Foundry) meets their parking-in-common area requirements. Mr. Morris stated he researched and could not find any specific documents restraining this property from any developments. This was just overflow parking in case of need. Mr. Lehr stated he had some vague memory and recalled it had to do with Mudshark's approval for its permit at that day. It required the owner of Mudsharks to have some agreement to develop that parcel to support their project. The development code has changed over years and that requirement probably went away, but if there was some deed restriction, maybe it needs to be cleaned up if it was not already a long time ago. Mr. Morris elaborated and stated any sort of Deed restriction would be a private restriction for that property owner to be aware of and deal with, the City would not have to hold to any sort of Deed restriction. Mr. Diaz stated The Foundry is currently vacant and up for sale and wondered if new buyers would have enough parking. Mr. Morris stated the parking-in-common on that side is fully developed and satisfies the parking-in-common requirements. Mr. Diaz asked if Rebel BBQ is moving to that location. Mr. Morris stated he believes this is an expansion of his business and that the applicant, who is present today, may have more information. Mr. Diaz also asked if the food trucks will be placed there permanently. He is concerned about fairness, as a brick and mortar restaurant has to pay certain fees, licensing, taxes, etc. Mr. Morris stated the mobile food vendors have requirements- health department, city business licensing, commissary, etc. Theoretically, the applicant can rotate different food truck vendors. They will have a maximum of four spaces. Mr. Stevenson asked what are terms of conditions for this item? Mr. Morris stated that as part of a Conditional Use Permit, there are things that the Planning Commission can add as conditions of approval. Staff suggests the following conditions of approval: 1. The development shall substantially match the Site Plan submitted with this application, 2. The PIC area of the lot shall be surfaced and striped to match the PIC configuration of the abutting lots, 3. No mobile food units shall be placed on the property until a Certificate of Occupancy is issued for the restaurant/bar/restroom building, 4. The property is limited to four mobile food units located as shown on the Site Plan, 5. The mobile food units shall meet all appropriate City, County, and State requirements, including Business Licensing, Fire, and Health Department regulations, Lake Havasu City Page 3 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 6. A minimum of one fifteen-gallon trash receptacle shall be provided within fifteen feet of each individual mobile food unit, 7. All lighting shall be designed and shielded in compliance with Lake Havasu City Code Section 14.04.05, 8. The development shall comply with the noise regulations described in Lake Havasu City Chapter 9.30, 9. The Conditional Use Permit shall be reevaluated by the Planning Commission one year after issuance of a Certificate of Occupancy for the restaurant/bar/restroom building to gauge the impact of the use on the neighborhood and determine if any of the conditions need modification to assure minimum impact to the neighborhood. Mr. Morris stated that if the Commission has other items they feel are appropriate, those can also be discussed and included in a motion. Ms. Dzuro asked if a condition could be placed that on any given time, a food truck could be there for a consecutive amount of time so that it does not become a permanent vendor in that space. Mr. Morris stated a condition as such could be added; however, it would be hard to enforce and track. In Staff's mind, it is the use of that property that is important, as opposed to the time frame of the four allotted vendor spaces. Rudolph Candito Jr, Applicant, stated the idea is to get four trucks. There will be extensive underground work done for each food truck location with an RV hookup. Each unit will be individually supplied with underground utilities- one main grease trap, grey water line, fresh water line, and power. The moving in and out will not be a problem in his point of view. The whole idea is to interview the food trucks he wants and get a monthly contract so that when people get used to a certain food item that they like and want to go to, they know the truck will not disappear. He would rather have a set, good food vendor that is contained. Schedules will be set, like propane once a week, etc. These units should be certified by health department. Mr. Candito will be setting up his own personal inspection once a week as these food vendors are a representation of himself and his business. Mr. Candito stated he will be having a good grip on what they are producing and what the menus are. The location will look nice with a customized fence in background and wrought iron fence in the front with shade area and feels it will be a nice addition to that area. Ms. Dzuro, stated the Commission just wants to ensure it is a fair play and asked Mr. Candito, as someone with a brick and mortar restaurant, if he has any concerns about this use for food trucks setting up as a permanent basis. Mr. Candito said he will be the brick and mortar restaurant there. He also added that there will be no cooking down there. The Acoma property will be used for cooking, smoking and all the sides and carting everything over twice a day. Lake Havasu City Page 4 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 Mr. Stevenson asked if all seating will be outdoor. Mr. Candito affirmed and stated there will be shaded area and picnic tables with umbrellas. Chairman Harris opened the Public Hearing, hearing none, he closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends approval of Land Use Action 23-3711 for a Conditional Use Permit for 201 Swanson Avenue, Tract 2337A, Block 3, Lot 10, to Allow Four Mobile Food Vendors, a Permanent Building, and a Shade Structure in the Limited Commercial (C-1) District, with the following conditions: 1. The development shall substantially match the Site Plan submitted with this application, 2. The PIC area of the lot shall be surfaced and striped to match the PIC configuration of the abutting lots, 3. No mobile food units shall be placed on the property until a Certificate of Occupancy is issued for the restaurant/bar/restroom building, 4. The property is limited to four mobile food units located as shown on the Site Plan, 5. The mobile food units shall meet all appropriate City, County, and State requirements, including Business Licensing, Fire, and Health Department regulations, 6. A minimum of one fifteen-gallon trash receptacle shall be provided within fifteen feet of each individual mobile food unit, 7. All lighting shall be designed and shielded in compliance with Lake Havasu City Code Section 14.04.05, 8. The development shall comply with the noise regulations described in Lake Havasu City Chapter 9.30, 9. The Conditional Use Permit shall be reevaluated by the Planning Commission one year after issuance of a Certificate of Occupancy for the restaurant/bar/restroom building to gauge the impact of the use on the neighborhood and determine if any of the conditions need modification to assure minimum impact to the neighborhood. Chairman Harris asked if applicant agrees. Mr. Candito affirmed with a yes. Ms. Wilson stated the applicant mentioned that each food truck will have its own RV hookup and grease trap and asked if this is essentially an RV Park that the Commission is entering here? It is a mobile vehicle with mobile hookups for utilities. Mr. Morris stated all development, water and sewer will go through the permitting process for a commercial review process. When Mr. Morris thinks of an RV Park, he thinks more of a residential, people living on the property. No one will be living on this property. Mr. Diaz referenced the taco bar on McCulloch who built a permanent kitchen area. Is Lake Havasu City Page 5 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 there an advantage for a food truck with business licensing fees and building permit fees without having to go through the same development that normal restaurant would be with a building? He also asked if the City is getting all necessary development fees? Chairman Harris stated that as he sees it, they are doing a structure on this property, so there will be brick and mortar. What the Commission is here today is to approve the concept. After the motion and a second, Ms. Wilson stated that her concern is that the Commission is opening a can of worms throughout the City that somebody can go and buy a mobile food vendor truck, save themselves a substantial cost on a bricks and mortar that goes through much more heavy regulation and cost. What is to say that somebody doesn't just look throughout town and say they can buy a food truck and do the same thing? Ms. Dzuro made a motion to approve Land Use Action 23-3711 for a Conditional Use Permit for 201 Swanson Avenue, Tract 2337A, Block 3, Lot 10, to Allow Four Mobile Food Vendors, a Permanent Building, and a Shade Structure in the Limited Commercial (C-1) District, with the following conditions: 1. The development shall substantially match the Site Plan submitted with this application, 2. The PIC area of the lot shall be surfaced and striped to match the PIC configuration of the abutting lots, 3. No mobile food units shall be placed on the property until a Certificate of Occupancy is issued for the restaurant/bar/restroom building, 4. The property is limited to four mobile food units located as shown on the Site Plan, 5. The mobile food units shall meet all appropriate City, County, and State requirements, including Business Licensing, Fire, and Health Department regulations, 6. A minimum of one fifteen-gallon trash receptacle shall be provided within fifteen feet of each individual mobile food unit, 7. All lighting shall be designed and shielded in compliance with Lake Havasu City Code Section 14.04.05, 8. The development shall comply with the noise regulations described in Lake Havasu City Chapter 9.30, 9. The Conditional Use Permit shall be reevaluated by the Planning Commission one year after issuance of a Certificate of Occupancy for the restaurant/bar/ restroom building to gauge the impact of the use on the neighborhood and determine if any of the conditions need modification to assure minimum impact to the neighborhood. The motion was seconded by Ms. Medley and carried by the following vote: Aye: 5 - Harris, Medley, Dzuro, Lehr and Stevenson Lake Havasu City Page 6 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 Nay: 2 - Diaz and Wilson ID 23-3712 A Request for a Minor Amendment to the Future Land Use Map of the City’s General Plan for 115 Park Avenue, APN 107-78-001, to Change the Future Land Use Designation from Resort-Related to Resort-Related Mainland (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.] • The subject property is located on the east side of Park Avenue, north of Mulberry Avenue, near the Aquatic Center. Highway 95 abuts the rear of the property. It is a vacant, undeveloped lot measuring 1.25 acres, with a 50-foot utility easement at the rear. The utility easement will be addressed as part of the property’s future development. [Zoning Map shown on screen.] • The subject property and the properties to the east, across Highway 95, and to the north and south are zoned Limited Commercial (C-1) and are a mix of vacant land and developed commercial lots. • The properties to the west, across Park Avenue, are zoned Island/Body Beach (I-B) with a condominium/apartment project in the permitting process and a hotel under construction. [General Plan Map shown on screen.] • All the surrounding lots on the west side of Highway 95 have a General Plan Future Land Use Designation of Resort-Related, and are a mix of vacant lots, office, hotel, and proposed multi-family/apartment uses. • The applicant’s Letter of Intent asks to amend the City’s General Plan Future Land Use Map to facilitate development of a mixed-use commercial/residential project on the property. The proposed development will include business and retail space on the ground floor with apartments above and a drive-thru business on the same lot. • The General Plan Future Land Use Map currently designates the property as Resort- Related. This classification is appropriate for uses such as service, commercial, and retail uses, including boat rentals, sales and repairs, hotels, motels, restaurants. It is intended to serve and support the tourism-oriented resort industry. • The requested Resort-Related Mainland designation allows primary uses such as medium- to high-density resort residential uses, including apartments. Secondary uses may include incidental services, commercial, and retail uses. These areas are intended to serve and support the resort industry of Lake Havasu City and the tourists and visitors the industry attracts. It encourages mixed-use developments to occur in areas of Lake Havasu City that do not have direct access to the Shoreline. Mixed-use developments should generally provide a commercial element of not less than 10 percent. Lake Havasu City Page 7 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 • The applicant is asking for the Resort-Related Mainland designation because it allows for apartments, whereas the current designation does not. The requested designation is appropriate because it allows mixed-use developments with commercial uses of not less than 10 percent on property that does not have direct access to the shoreline. • The General Plan Amendment is the first step in this process. A Planned Development Rezone for the property is the second step and follows this request. • At this point, the Commission is asked to determine whether the requested General Plan Amendment is appropriate. Mychal Gorden, Desert Land Group (DLG), applicant stated they represented the owner with purchase of the property and have a history with the property as they used to own it. Feels the proposal is in line with requested land use action. Mr. Harris asked for intended use after rezone. Mr. Gorden stated retail and restaurant use on ground floor. Exact restaurant and drive thru components have not been identified yet. Chairman Harris opened the Public Hearing. Kelly Lutz, stated there seems to be a continuation of rezoning commercial and industrial for residential use. This property was zoned commercial and it should remain commercial. He stated they are taking away the possibility of future income, tax wise, from commercial development for the short term profit of a developer for selling residential units. He believes the purchase of this property had a purpose of turning it into residential. This whole thing has to do with 24 condo units. We are changing this commercial area into a condo. This will continue, as it has already from that unit to the next unit, and will be developed as residential condos. There has to be a need to keep Commercial and Industrial zoning as such. This is not a residential area and that is what they are turning it into. Will also need to change height to get second story of residential condos. This is a continuation of zoning change after zoning change, including changing utility easements. This is not one simple thing, but the first step of three or four different zoning changes that they are going to have to go through in order to get their end result of changing commercial to residential. We as citizens want to keep the future available for commercial property development that will bring people into the City for that purpose. They should buy residential property for that purpose. Mr. Gorden responded to comments. Wants to be clear that what is being proposed here today is that the entire ground floor be retail and restaurant component. What is being asked for in the exception is to add a residential component. It will not be a condo product- they will be smaller units for workforce and a lower price point entry into the residential market. It is in essence a mixed use. There is a residential component going in across the street and most of the other property is already developed. The property adjacent to the north is owned by Lake Havasu City and the Aquatic Center to the north Lake Havasu City Page 8 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 of that. There is one vacant parcel immediately to the south, then you have the Keller Williams next to that. You have the Veteran's Clinic under construction, then across the street a hotel component that is almost finished, and then you have a condo and apartment mixed use. The area is already pretty well developed. The intent is to maintain retail commercial use on ground floor but add a mix of uses by bringing in residential component on the top. When asked by Mr. Diaz if the property next door is zoned the same as this property, Mr. Gorden stated that with the next item, they will be requesting this property to be C-1/PD. The adjoining property referenced by Mr. Diaz is zoned C-1. Ms. Dzuro asked about the intent of the upper level apartments. Mr. Gorden stated the intent is for long term rentals, not VRBO product. Ms. Medley asked how parking will be addressed. Mr. Gorden stated parking will be addressed in detail at the next item being presented.. Chairman Harris closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends that the Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 23-3712, a Minor Amendment to the Future Land Use Map of the City’s General Plan for 115 Park Avenue, APN 107-78-001, to Change the Future Land Use Designation from Resort-Related to Resort-Related Mainland. This item will go to the City Council’s May 9, 2023, meeting with the Commission's recommendation. Chairman Harris asked if the applicant is asking for any height exceptions. Mr. Morris stated there are no exceptions for the General Plan Amendment. The next item, which is the rezone, will have some exceptions. Ms. Dzuro, stated excellent points were raised about being concerned about losing some commercial property. It is difficult because the Commission is trying to balance the fact that we do not have enough housing for the people that want to work and live here. We have a lot of traveling nurses and teachers that come in and need places to live in. She gave an example in San Diego where they had mixed use down by the convention center and the place just blossomed. A lot of younger people like to live above the restaurants and shops and have a place where they can go to live and not have to take their car everywhere. She does see some advantages for this process. Mr. Lehr made a motion to recommend that City Council approve Land Use Action No. 23-3712, a Minor Amendment to the Future Land Use Map of the City’s Lake Havasu City Page 9 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 General Plan for 115 Park Avenue, APN 107-78-001, to Change the Future Land Use Designation from Resort-Related to Resort-Related Mainland. The motion was seconded by Ms. Dzuro and carried by the following vote: Aye: 6 - Harris, Diaz, Dzuro, Lehr, Wilson and Stevenson Nay: 1 - Medley ID 23-3713 A Request for a Planned Development Rezone for 115 Park Avenue, APN 107-78-001, from Limited Commercial (C-1) District to Limited Commercial/Planned Development (C-1/PD) Allowing a Maximum Building Height Increase from 25 Feet to 30 Feet and Allowing Multiple-Family Residential Use (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.] • The subject property is located on the east side of Park Avenue, north of Mulberry Avenue, near the Aquatic Center. It is a vacant, undeveloped lot measuring 1.25 acres, with a 50-foot utility easement at the rear. [Zoning Map shown on screen.] • The subject property and the properties to the east, across Highway 95, and to the north and south are zoned Limited Commercial (C-1) and are a mix of vacant land and developed commercial lots. • The properties to the west, across Park Avenue, are zoned Island/Body Beach (I-B) with a condominium/apartment project in the permitting process and a hotel under construction. [Site Plan shown on screen.] • The applicant’s Letter of Intent and General Development Plan describe two buildings on the property. One is a 2,668 sq. ft. drive-thru commercial building near Park Avenue. The second is a mixed-use building with about six thousand square feet of commercial uses on the ground floor, and 24 apartment dwelling units on the floors above. There will be reserved parking for the apartments and businesses, with the remaining lot being used for the drive-thru service. The lot will be landscaped and designed to meet City standards. The drive aisles for the drive- thru service will be designed so that they will not impede surrounding traffic patterns, this will include screening of headlights and providing double drive lanes to limit traffic overflow. [Building Elevations 1 shown on screen.] • The C-1 zoning district allows building height up to 25 feet. The drive-thru building will be well under the 25-foot height limit. However, the mixed-use building is proposed at 30 feet in height from the property’s maximum grade. This is 5 feet higher than the 25-foot C-1 standard, therefore, the applicant is asking for a height exception Lake Havasu City Page 10 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 to allow the 30-foot tall mixed-use building. • The mixed-use building will also be home to 24 multiple-family, 2-bedroom apartments consisting of 12 units on each of the second and third stories. Multi-family residential is not allowed in the C-1 zoning district, therefore, the applicant is asking for an exception to allow the use through this PD process. [Building Elevations 2 shown on screen.] • The building elevations indicate a three-story building with varied parapet roof heights. Commercial uses and covered parking are on the ground floor and residential units on the second and third floors. Some of the residential units are shown with balconies. The building exterior is a mix of white, grey, and tan exterior with a number of alcoves and recesses to break up any long expanses. • The multi-family use will be similar in appearance to a hotel, which is allowed in the C-1 district. Staff does not anticipate the multi-family use having major impact on the neighborhood. [Parking Table shown on screen.] • Parking for the project is shown in the table. The applicant is making use of the parking alternatives allowed in the Development Code to reduce the required parking from 88 to 70 spaces. • The Shared Parking allowance provides a 1.1 reduction factor for the combined restaurant and residential uses, resulting in a reduction of six parking spaces. • The Bicycle Facility reduction allows providing 12 bicycle spaces in lieu of 12 vehicle parking spaces, resulting in a reduction of 12 parking spaces. • This results in 70 spaces required. The plan shows 75 spaces provided. The proposed number and types of parking spaces meet the minimum Development Code standards. No parking exceptions are requested. [Rear Vehicle Travel Aisle plan shown on screen.] • A vehicle travel aisle is shown near the rear of the property; however, UniSource Electric has expressed concerns about the easternmost 25 feet of the 50-foot public utility easement (shown in blue). A vehicle travel aisle is located within this area. UniSource is asking that this portion of the easement be left completely open (no concrete, asphalt, paving, irrigation, private utilities, retention, trees, or shrubs), allowing only landscape gravel at most. • However, Per the Development Code, vehicle travel aisles are to be improved with asphalt or concrete surfaces, or an alternate paving material approved by the Zoning Administrator. Pervious or semi-pervious paving may be allowed as appropriate alternatives, if they are appropriate for the City’s climate and the durability required for their intended use. • The developer is proposing compacted decomposed granite as the paving material, which is not among the options approvable by the Zoning Administrator. Therefore, a condition to allow compacted decomposed granite paving in this area is included for consideration. Given the situation, staff is comfortable with the proposed paving Lake Havasu City Page 11 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 alternative. • The owner would prefer standard paving and is working with UniSource to explore potential options to allow standard paving for this area. Rear are would only be for property owners as it will be entirely gated. [Landscaping and Signage shown on screen.] • Landscaping areas are shown on the General Development Plan. A 10-foot landscape buffer is shown along the Park Avenue right-of-way and landscaping strips are shown throughout the property. Review of the number of trees, shrubs, decorative rock ground cover, as well as the overall percentage of landscaping, shall be required prior to development. No landscaping exceptions are requested. • Some signage is shown on the plan but is not being reviewed as part of this application. All signage is subject to the Development Code and will be reviewed separately as sign permits are submitted. No sign exceptions are requested. [3D Renderings x 2 shown on screen.] • Building permits, Design Review, and compliance with all other aspects the Building and Development Codes, including off-site improvements such as street paving, curb, gutter, and sidewalks, will be required prior to development of the property. Mr. Stevenson stated the proposal is going from 25 to 30 feet but the parapet shows 35 feet on the Elevation Plan. Mr. Morris explained the height determination process which is measured from zero level. The building measures 35 feet but officially from the zero mark, it is only 30 feet. Property owners are able to dig down to go taller. You will see that a lot, especially with residential property to get garage height. Ms. Wilson asked what the hotel height is, to which Mr. Morris stated the Island Body Beach allows up to 40 feet in height. Mr. Lehr, asked if there is any precedent, besides this potentially, for using decomposed granite or some other gravel surface for maneuvering. Mr. Morris stated there is not. The required travel isles need to be paved. If it is not required, then it does not necessarily have to be paved. Display areas, vehicle display areas do not need to be paved but do need to be dust free hard surface. Do not have any example of this being used before. This is not something that Staff or the Zoning Administrator can approve so we put it on as a potential condition or another allowance for the PD. Ms. Dzuro asked if they do the granite, is it lose like gravel or is it still a paved surface using a different material? Mr. Morris stated that through the development process, Unisource and City departments would have to approve of whatever material is being compacted. It would have to meet standards from Public Works, Unisource and Planning. In the areas where utilities are located, Unisource is not in support of hard surfaces. Owner would prefer hard surfaces and is working with Unisource. Lake Havasu City Page 12 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 Mr. Stevenson asked that in regards to the drive thru, how do we avoid the mess of Starbucks and In n Out? Mr. Morris stated the proposed meets drive thru components and proposed traffic cue time. Typically, Public work, Engineering division checks to ensure there is no impact on development. Site Plan shows pedestrian pathway. Shown as proposed footprint and all calculations are based on eat-in restaurant. Ms. Wilson asked Mr. Morris to please explain the parking situation. Mr. Morris re-explained parking reduction allowances. Mychal Gorden, Desert Land Group, provided history on Park Avenue regarding prior approved planned development. The properties, for a large time, sat on one original approval with no growth in development. Five years ago, longstanding PD was removed. Once that happened properties started selling and developed. The Keller Williams was the first to develop into a full two-story retail building, with the hotel and VA Clinic, and condo mixed-use project following suit. At the time, most of that was locked down to just one PD. By opening this up, it has provided options for people to build with the market it desires. You are seeing medical use, retail, office building, hotel, condo and apartment to now a combination of all of that. We are not losing the retail as the ground floor is proposed as full retail. By adding residential it is more innovative and current, nice mixed of uses that are resort related, retail related, and residential related, all working together providing opportunity for expansion of commercial, restaurant, and retail that everyone wants to see for various reasons- including tax base; but also, providing the residential rental component could not be in a better location with the proximity and walking distance to Body Beach and Rotary Park, restaurants, and retail that has been talked about. It is important to keep that in mind today for this project. That being said, when the owner first talked to Staff, another option was to rezone to Island Body Beach because this would have fallen in place with what you see across the street, with the hotel and mixed use component of that being the residential and condo. That district would have allowed for a straight 40-foot height limit. Between the height and trying to be consistent in a C-1 fashion in some regard, staff felt and directed ownership to stay within C-1 but go for a PD with the things we are asking for today. Exact tenants or ownership and proposed uses are not known at this time. Site plan you see is what is being proposed. Retail suites, retail or restaurant uses on ground floor. Covered parking underneath structure up above. Height rendering shows up to 35 feet. Elevation underneath that, the main plate height is actually shown at 31 feet. Building code does allow certain projections, parapet to go up above that. Main height of structure is at 31 feet. Site will be lowered. Once civil is worked out, building will sit down more and height will be mitigated. 35 feet is worse case scenario. Already sitting below the highway, even at highest point. In scale of everything, with surrounding projects, the highway being higher, the effect of additional height is pretty negligible. Difference will be mitigated by buildings behind it. Regarding the Lake Havasu City Page 13 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 decomposed granite surface, if that is ultimately required, typically that is not a lose gravel. It is compacted pretty tight gravel, kind of like the infield of a baseball field. Will not have a lot of blowing dust or rock all over the place. When maintained, pretty solid durable surface. Ownership is okay if that is where it has to go but would like to have a little more of a paved surface. Mr. Stevenson asked if you are talking about lowering the lots more, will it not impact the easement to the back because that will lower your elevation in the back portion? Mr. Gorden affirmed and stated that there are lot of moving pieces because there is a lot of elevation change from the Highway to Park Avenue. Grade changes in all directions. A lot of civil engineering work to do here to make all of this fit and work right. Worst case, it will be at the approved pad elevation which is consistent with about the middle of that utility easement in the back. There will be grade changes happening, both ways. If the site is lowered, there will be some grade changes happening up against the City parcel and if the site is raised, then there will potentially be some grade changes on the south side and same thing across the easement in the back. You will have some sloping of drive lanes to try to blend this in, all details that will be looked into with civil engineering. Mr. Stevenson asked if the decomposed granite has been used here locally. Mr. Gorden stated the Campbell Cove RV Park has this type of surface and you will see it in some residential places in lieu of concrete or pavers. It does provide a flexibility for repairs. Mr. Diaz asked if ADEQ requires any special water retention? Mr. Gorden stated yes, just like other Park Avenue projects, underground water retention basins will be utilized per standards of Mohave County, City and ADEQ stormwater requirements. Mr. Gorden stated this design is following the code for parking. Using code for bicycle parking reductions as written. When questioned by Chairman Harris as to what type of facility Mr. Gorden saw going here, Mr. Gorden said he would only be speculating and could not provide any names. He said that with 2600 square feet, it will have a small component of indoor dine in. Designated parking will be throughout, as it is shared parking. Chairman Harris opened the Public Hearing. Dina Lutzs, feels there are two tiers of code compliants- big money developers and her. When she built her home, she had to comply with the rules. They dug dirt and built retaining walls. If the applicant wants to go 35 feet, he [applicant] can dig 5 feet and walls just like us. This is unfair and repetitive. Mrs. Lutzs feels the Commission is not representing the City, but representing big developers with big money. All that she is asking is that if you approve this, he [applicant] has to comply with codes like rest of us. Lake Havasu City Page 14 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 As far as the focus on the City's housing, she has heard this obsession with providing affordable housing. The project being proposed is making more service workers that are looking for jobs. We want this commercial and you would think the Partnership for Economic Development, which the City pays, would bring in mid grade jobs. Something more than just service workers. You've created 24 units which the service workers on the first floor will want to live in. So you are not gaining anything by that. Parking does not even make sense. You have an elderly population here that does not ride bicycles. Request is that if you approve this item, they comply like rest of us do. Chairman Harris closed the Public Hearing. Mr. Morris stated that based on the findings, the Development Review Committee recommends that the Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 23-3713, for a Planned Development Rezone for 115 Park Ave, APN 107-78-001, from Limited Commercial (C-1) District to Limited Commercial/Planned Development (C-1/PD) allowing a maximum building height increase from 25 feet to 30 feet and allowing multiple-family residential use, with the following conditions: 1. The development shall substantially match the General Development Plan submitted with the request, 2. The developer shall coordinate with the City Public Works Department and UniSource Electric concerning development within the rear 50-foot public utility easement, 3. Upon acceptance by the City Public Works Department and UniSource Electric, compacted decomposed granite paving is allowed as an alternate vehicle travel aisle paving material within the easternmost 25 feet of the 50-foot public utility easement, and 4. The developer shall coordinate with ADOT during the development permitting process to address impacts on drainage and the Highway 95 corridor. This item will go to the City Council’s May 9, 2023, meeting with the Commission's recommendation. Ms. Dzuro made a motion to recommend that City Council approve Land Use Action No. 23-3713, for a Planned Development Rezone for 115 Park Ave, APN 107-78-001, from Limited Commercial (C-1) District to Limited Commercial/Planned Development (C-1/PD) allowing a maximum building height increase from 25 feet to 30 feet and allowing multiple-family residential use, with the following conditions: 1. The development shall substantially match the General Development Plan submitted with the request, 2. The developer shall coordinate with the City Public Works Department and UniSource Electric concerning development within the rear 50-foot public utility Lake Havasu City Page 15 Printed on 4/19/2023 Planning and Zoning Commission Minutes - Final April 5, 2023 easement, 3. Upon acceptance by the City Public Works Department and UniSource Electric, compacted decomposed granite paving is allowed as an alternate vehicle travel aisle paving material within the easternmost 25 feet of the 50-foot public utility easement, and 4. The developer shall coordinate with ADOT during the development permitting process to address impacts on drainage and the Highway 95 corridor. The motion was seconded by Mr. Diaz and carried by the following vote: Aye: 5 - Harris, Diaz, Dzuro, Lehr and Wilson Nay: 2 - Medley and Stevenson 6. CALL TO PUBLIC None. 7. FUTURE MEETING The next Regular scheduled meeting is April 19, 2023. A Multiple Family Parking discussion item will be presented at the request of City Council. 8. ADJOURNMENT Chairman Harris adjourned the meeting at 10:26 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 16 Printed on 4/19/2023