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, May 17, 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 Present: 8- Jim Harris, Gabriele Medley, David Diaz, Suzannah Ballard, Joan Dzuro, Paul Lehr, Tiffany Wilson and Lonnie Stevenson Absent: 2- Matthew Mitchell and Dane Hatch 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Morris provided an update from City Council and stated that Council approved the General Plan Amendment for Park Ave; however, they took no action for the PD Rezone for the Mixed-Use project. There was concern about the restaurant pad causing congestion on the site. Deadline for upcoming Planning Commission vacancies is Friday, May 26, 2023 at 5 p.m. Submit application for appointment/reappointment to the City Clerk's office. 5. MINUTES Approval of Regular Meeting Minutes from May 3, 2023. Ms. Dzuro made a motion to approve the Minutes of the last meeting. The motion was seconded by Ms. Ballard and carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson 6. PUBLIC HEARING ID 23-3764 A Request to Approve an Extension of Time for Conditional Use Permit #20-0030001 to Allow an Outdoor Event Area for a Term of One Additional Year Without Providing the Required Parking Improvements on Lake Havasu City Page 1 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 2101 McCulloch Blvd. N., Tract 100, Block 5, Lot 17, in the Mixed-Use Uptown McCulloch Main Street (MU-UMS) District (Luke Morris) 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 zoned MU-UMS District. Outdoor entertainment/recreation is permitted within this District. The Partnership for Economic Development (PED) currently utilizes the site as a community gathering space known as Yard City. This use was conceived as a temporary use, and was initially allowed by staff, without requiring development improvements, as part of the First Friday events. Based on the success of First Fridays and other events, staff determined a conditional use permit was necessary for the use of the site. • On November 20, 2019, the Planning Commission approved Conditional Use Permit for the use. The approval contained a condition that the use shall be allowed for a term of two years from the date of approval. After that time, if the parking lot is not improved in compliance with the Parking-in-Common Masterplan, and the owner/ applicant wishes to continue the use, an application extending the CUP must be submitted for Planning Commission review. • On August 1, 2022, at the request of the applicant and based on the impacts of Covid-19, City staff approved a six-month extension of time for the use, from November 20, 2022, to May 31, 2023. • Per the applicant’s current Extension Request Letter, the one-year extension will allow the PED and First Friday team to remain at the Yard City site for the next season of First Friday. They plan to move to the new Downtown Catalyst project location once its construction is complete. [Amenities Site Plan shown on screen.] • The buildable area of the site has been graded and currently includes the following improvements: A perimeter fence, Portable restrooms, Lighting, Artificial turf, Pavers, Food/beverage truck, Permanent Power and a stage. [Parking In Common Plan shown on screen.] • The subject property is included in the Parking-in-Common Masterplan for Tract 100. The rear 150 feet of the property should be developed per the approved parking- in-common plan, which includes paving and striping. The applicant is asking for this standard to be waived for one year. [Street View exhibit shown on screen.] • City staff has received no comments concerning the un-paved parking lot for the use and supports the one-year extension request. This view is from November 2022 and represents the current state of the parking area. Chairman Harris asked, for the point of clarification who the applicant is. Mr. Kearns stated the applicant is James Gray with the Plan for Economic Development (PED). Lake Havasu City Page 2 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 James Gray, PED, stated owner of property is Justin Janecek. Mr. Gray provided a history of what Economic Development is aiming to do. First Fridays started at Hodel Way with a generator in 2018 to start a concentration of art, music, and culture downtown. It was a part of the Vision 2020 project for a catalyst center for people to get together in the community. As in the entrepreneur world, instead of waiting for something to be built, you start trying to grow something from the base level. After the first year, it was such a success that we went and leased this lot. As of last month we had 50+ artists on the street, 55 brick n mortar merchants involved in First Friday. Last season social media reach was almost 70 thousand fb, almost 25 thousand on Instagram, 550 newsletter followers, and have created a consistency of getting people downtown. Focus was built as a concept of what a micro downtown catalyst could look like if you had power, bathrooms, stage, water, and all the things you have to turn in key for an event in a downtown district. Owner is requesting an extension as he plans on building multi story project but is not ready yet. He is waiving parking pavement until then. Goal is to keep First Friday at full bandwidth before the catalyst project and the city investment is made so they are mirrored and come online at the same time. Mr. Diaz asked what about other vendors who want to have events once the catalyst is built. Are First Fridays already booked for the use of property? What if someone already has the event booked, what will happen to your First Friday? Mr. Gray stated that is not in his purview to answer but something for the owner of the catalyst project. First Friday would most likely move if there was an event bigger that First Friday scheduled. First Friday is made for Havasu Residents as opposed to big boat events. Chairman Harris asked if this property is being used for other events. Mr. Gray concurred. Mr. Lehr asked if one year is enough time for the catalyst project to be ready to move in or should we be thinking of two years. Mr. Gray stated he does not know and they are just starting with the smallest increments they can. Ultimate goal is to align with the major investment, the City winnings received from America's Best Communities to make that park a reality. Great track record as far as how space is utilized and the type of people that attend. Mr. Gray does not have a problem to come back every year for extension but has high expectations that it will be built. 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 the Planning Commission approve the extension of time for Conditional Use Permit #20-0030001 to allow an outdoor event area for a term of one additional year Lake Havasu City Page 3 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 without providing the required parking improvements, on 2101 McCulloch Blvd. N., Tract 100, Block 5, Lot 17, in the Mixed-Use Uptown McCulloch Main Street (MU-UMS) District, with an expiration date of May 31, 2024. Mr. Diaz, made a motion to approve Item No. 23-3764, [an Extension of Time for Conditional Use Permit #20-0030001 to allow an outdoor event area for a term of one additional year without providing the required parking improvements, on 2101 McCulloch Boulevard N., Tract 100, Block 5, Lot 17, in the Mixed-Use Uptown McCulloch Main Street (MU-UMS) District, be granted with an expiration date of May 31, 2024] based on the findings the Development Review Committee recommends. The motion was seconded by Ms. Ballard and carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson ID 23-3766 A Request for a Minor Text Amendment to the Lake Havasu City General Plan to Align the City’s Procedure for General Plan Amendments with Arizona Revised Statutes Related to Timing and Hearing Date Requirements for Major Amendments (Luke Morris) Mr. Kearns thanked the Chairman and presented a PowerPoint slideshow and narrative including the following: [Procedure for General Plan Amendments shown on screen.] This is this the first of two housekeeping items, this one is to ensure that the City’s General Plan language aligns with the Arizona State Statutes for major general plan amendments. The proposed changes to the General Plan text are shown in the paragraph with the new language underlined and deleted language struck-through. Prior to 2022, Arizona State Statutes only allowed municipalities to accept major general plan amendments between January 1 and February 15 of each calendar year and required they be processed by October 1, in the same year as filed. House Bill 2482 [2022 session] amended the State Statutes [A.R.S. § 9-461.06.H), and it now allows submittal any time during the year and requires major amendments to be presented at a public hearing within 12 months of when the major amendment is filed, rather than within the same calendar year. 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 the Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 23-3766, a minor text amendment to the Lake Havasu City General Plan, to align the City’s procedure for General Plan Amendments with Arizona Revised Statutes related to timing and hearing date requirements for major Lake Havasu City Page 4 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 amendments. This item is scheduled to be heard by the City Council at its June 27, 2023, meeting. Ms. Ballard made a motion to recommend that the City Council approve Land Use Action No. 23-3766, a minor text amendment to the Lake Havasu City General Plan, to align the City’s procedure for General Plan Amendments with Arizona Revised Statutes related to timing and hearing date requirements for major amendments. The motion was seconded by Ms. Dzuro and carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson ID 23-3765 Request for a Text Amendment to City Code Title 14, Zoning (Development Code), Section 14.05.04.M, General Plan Amendment, to Align the City’s Procedure for General Plan Amendments with Arizona Revised Statutes Related to Timing and Hearing Date Requirements for Major Amendments. (Luke Morris). Mr. Kearns thanked the Chairman and presented a PowerPoint slideshow and narrative including the following: [Development Code Text Amendment shown on screen.] This is the second housekeeping item to ensure that the City’s Zoning (Development Code) language aligns with the Arizona State Statutes for major general plan amendments. The proposed changes to the Development Code text are shown with the new language underlined and deleted language struck-through. 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 the Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 23-3765, a text amendment to City Code Title 14, Zoning (Development Code), Section 14.05.04.M, General Plan Amendment, to align the City’s procedure for General Plan Amendments with Arizona Revised Statutes related to timing and hearing date requirements for major amendments. This item is scheduled to be heard by the City Council at its June 27, 2023, meeting. Ms. Ballard made a motion to recommend the City Council approve Land Use Action No. 23-3765, a text amendment to City Code Title 14, Zoning (Development Code), Section 14.05.04.M, General Plan Amendment, to align the City’s procedure for General Plan Amendments with Arizona Revised Statutes related to timing and hearing date requirements for major amendments.The motion was seconded by Ms. Dzuro and carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson Lake Havasu City Page 5 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 ID 23-3775 Review and Discussion of the Parking Standards for Multi-Family Development Mr. Morris thanked the Chairman and presented a PowerPoint slideshow and narrative including some of the following key points: • With the increased number of multi-family developments within the City, the City Council recently requested the Planning Commission review and discuss the parking standards for multi-family zoning. • The Commission reviewed the standards at the April 19, 2023, meeting. • After discussion, no proposed changes were suggested. • However, the Commission asked staff to gather information on traffic safety issues with respect to on-street parking in multi-family zoning areas to determine if there are any specific problem areas. • Planning staff met with the Police Department staff to get their input as to if there are specific multi-family parking problem areas in the city. • No specific problem areas were identified. • If problem areas are identified, Public Works and PD will take measures necessary to address the situation. That may involve painting curbs and posting “No Parking” signs or whatever measures may be deemed necessary. Ms. Wilson stated that when this topic was brought up, Staff mentioned the City has not received any complaints regarding parking issues but she has seen people speak to the Planning Commission and/or City Council regarding parking concerns. She asked if thePolice Department receives complaints. Mr. Morris deferred the question to a police department representative. Mrs. Kelly Garry, City Attorney, asked for Ms. Wilson to specify in context, as the police department receives many complaints. Ms. Wilson restated her question is in regards to the recent multi-family discussion that has happened in which the City states they have not received complaints; however, there are plenty of people that stand before us and that is the number one complaint. Troy Stirling, Chief of Police, stated they do not specifically. They have had in the past. As Mr. Morris eluded to, we do work with the Public Works department based on complaints. First and foremost we look to see if: a) Are we having traffic collisions based on certain specific locations, b) what type of site distance there is? Those are the things that we are looking at, not even just parking but in general, maybe even overgrown bushes or trees. We look to see if any of those things have contributed to collisions. If there are, then we address those. In the review process, typically we are involved in at least reviewing the locations of a new development to have our input. A lot of that depends on the width of the roadways. A lot of components come into play but public safety has seat at table as well. Chairman Harris asked Ms. Wilson if she had a specific area in mind. Ms. Wilson stated Lake Havasu City Page 6 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 Ms. Medley mentioned at a previous meeting her concern for Palo Verde Boulevard S. There is multiple-family near the high school so that was one area which is very busy. Chief Stirling did hear that was an area of a possible complaint areas but he routinely drives through the area. With items looked at, based on width of street and speed limit, there are no concerns as there is plenty of distance for the visual component. You are able to safely maneuver based on the speed limit for those areas, there have been no issues in that area. Mr. Morris stated the Commission also asked about the number of working households that have one or fewer vehicles. Mr. Morris stated that Staff found information from the U.S. Census - 2021 American Community Survey, showing nearly 23% of working households in Lake Havasu City have one or fewer vehicles available. This indicates that one parking space for one-bedroom units will provide parking for almost ¼ of our workforce. [Map shown on screen for Single-Family, and Multi-Family Zoned Areas.] No questions asked for this topic. Mr. Morris stated that in the previous meeting the Commission reviewed the following: • Parking impacts reviewed at previous meeting: • Current multi-family parking issues • Influence on development costs • Impact on multi-family/condo housing rent/purchase • Effect on transit/walking/biking options Mr. Morris reviewed two topics that the following discussion items were not addressed at previous meeting which included: 1) Review of covered parking requirements: For Multiple-Family, covered parking is required. In the Downtown area in the UMS district, all required parking spaces need to be covered. All the other zoning districts, at lease one covered parking space, per unit, needs to be covered. Mr. Morris asked what the Commission's thoughts are in keeping or changing this requirement. Ms. Dzuro thanked Mr. Morris for doing all this research. She stated that in the community we live in, more shade is obviously better; however if we increase the number of covered spaces, are we now limiting the developments. On the other hand, if we decrease the number we are back to the issues of not having enough covered parking. Mr. Morris stated that if the parking space is not required to be covered, it must be 9-feet wide as opposed to a covered parking space of 10 feet. Non-required covered parking spaces could allow more parking spaces. In looking at other jurisdictions for multiple-family, Mr. Morris did not find requirements for covered parking spaces; however, this could be considered an amenity in which the developer/owner can choose to provide for its residents. Chairman Harris asked why would we require more than one Lake Havasu City Page 7 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 covered parking for, when city-wide, every residential lot only requires one covered parking place. Mr. Morris stated that the question would then be, do we want to eliminate covered parking requirements. 2) Rounding fractions of parking spaces: Mr. Morris stated that rather than rounding up or down, the current parking code specifies ignoring any fractions of spaces. If the total minimum number of required spaces is 12.9, then the number is truncated to 12 spaces rather rounded up to 13 spaces. Nearly all other types of calculations in the development code are rounded up or down rather than truncated. This will make a difference for guest parking for developments with fewer than five units. Per the current Development Code, three or four dwelling unit developments will not require guest parking. That seems to be the largest impact that Staff would see if this remains at truncating it or getting rid of it. Should we continue truncating, or round up or down. What does the Commission think? Mr. Diaz feels that anything above .5 should go up to the next number. What would be Staff's reasoning for rounding down? Mr. Morris stated that this is the way the code is written. Typically, you would round up or round down as opposed to truncating. That is why Staff is asking for input as to whether it should change to that or remain truncating. It will make a small impact based on current calculations, to round down; and it will make a difference of one parking space to round up. Ms. Dzuro stated she feels it would be better to have the option of rounding up or down as opposed to just truncating. Mr. Lehr and Chairman Harris feels rounding up could wipe out the feasibility of a small project as every foot counts and would like to leave it as is. Parking, landscaping, stormwater retention - all those factors come into play when you are looking at how a site is developed. Ms. Dzuro stated that part of her struggle is that she is trying to understand that we are talking about a 9 or 10-foot parking space. Yes, they might get one more unit, but then the people don't get the parking. Ms. Ballard stated that the question as to why we are reviewing this in the first place is, is it to acquiesce to allowing contractors to build more space on land or is it to provide adequate parking spaces for people that occupy those units. Even though a one-bedroom unit is dictated to have one parking space, very often there are two people living in those units whom might each have cars. What is the goal here? Mr. Morris stated this item was directed to be brought to the Planning Commission by the City Council. They had concerns about what they were hearing about parking overall. That is a complicated issue. What is the balancing point between providing adequate parking and providing too much parking that you are now loosing out on dwelling units. Is there really an issue with Lake Havasu City Page 8 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 parking? Ms. Dzuro stated that after looking at the Census statistics provided, she would prefer to leave covered parking as is and is for leaving parking requirements as is. Mr. Morris recapped and asked for direction or proposed changes. At this point, the Planning Commission provides direction to staff to prepare proposed Development Code amendments. Staff will then bring proposed changes back to Planning Commission at future meeting as a Development Code amendment and take Planning Commission’s proposed amendments to City Council for their review and action. Jeff Thuneman, Development Services Director, stated that in regards to the covered parking, he feels the Planning Commission did not get a consensus. Is the Commission okay with the covered parking or do we want to eliminate the covered parking. Chairman Harris asked why would we want to eliminate it. Mr. Thunemnan stated that from his perspective, the only reason to eliminate the covered parking is to help the cost of the project. It would eliminate the cost to the developer to not have to provide covered parking. It would also allow a little more room on the site to provide more parking. As Mr. Morris stated, covered parking is 10-foot wide as opposed to uncovered parking at 9 feet, so it would help with the storm water planning onsite. He clarified that it is not his recommendation but that it would be a reason to eliminate it. Chairman Harris asked how long the parking requirement has been in existence. Mr. Morris stated that forever in Havasu terms. Mr. Thuneman restated he wanted to bring it for discussion as he did not feel a consensus. Ms. Dzuro proposed that the commission leave covered parking as is and to let council know that we have reviewed all the stats and want to leave the parking requirements as they are. Mr. Diaz agrees with Dzuro and referenced the restaurant parking issue at last night's City Council meeting. He would rather see the projects on a one to one basis. Mr. Morris stated that it seems like there are no proposed changes from the Planning Commission which Chairman Harris concurred. 7. CALL TO PUBLIC Martin Standsbury, local real estate agent, property manager, property owner, and Mohave County Constable, shared his thoughts and stated that he has three 9-plexes and manages over 250 units in town. One of the daily activities as a Constable is dealing with multiple unit property owners. Hears and deals with parking issues every single day. He currently took on a project at the corner of Avalon and Palisades, 5-unit complex, total of five tiny homes with a total of six parking spots. It has only been occupied for about 40 days and has already had to respond four times to deal with parking issues. There is only one guest parking. The argument is who gets the extra spot, why do I have to park in the Lake Havasu City Page 9 Printed on 6/21/2023 Planning and Zoning Commission Minutes - Final May 17, 2023 street, where do the guests park, etc. His experience, on the ground dealing with this every day is nothing from what he just heard today. He does not believe one spot per unit is nearly enough. Even the City statistics said 75% of the households have more than one vehicle. Based on those statistics, his five unit building should have nine parking spots. Mr. Standsbury stated his three nine-plexes are 1980 and older. They all have one covered parking spot and one open spot for each unit. He has zero problems there. One of the questions earlier asked was if there are any areas that are an issue. He referenced Swanson Ave is an issue from where it starts to where it ends. He stated his office is at the corner of Smoketree and Swanson Ave. When there are any events downtown, he cannot park at his own office. He used to be able to park across the street at Albertsons but it is so full he can no longer park over there. As we continue to build out, he does not know where we will get resident parking on Swanson for the units that are being built now. He just took on a 16-unit complex on Kearsage. 16 Units with 19 parking spots. He can already see how this is going to go. It is going to be a constant battle with parking. He does not want to live in Newport beach. Most of us are from California- we moved from that nonsense. He does not want to drive around for half an hour looking for a parking spot in his own office. He mentioned Mr. Harris stated we are 90% built out but Mayor says we are at 60 or 61,000 population, but build out is for 99,000 so we are about 70% built out. As the traffic increases, it is just going to be a bigger problem. Mr. Standsbury thanked Staff and the Commission and is available for any questions. 8. FUTURE MEETING The regular meeting scheduled for June 7, 2023 has been cancelled due to no items submitted. Mr. Morris announced that this is Maria Hart, Recording Secretary's final meeting as she will be retiring after over 20-plus years of service for Lake Havasu City. Additionally, he introduced Shelby Hennigan whom will be taking over as the Planning Commission Recording Secretary. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:51 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Maria Hart, Recording Secretary Lake Havasu City Page 10 Printed on 6/21/2023