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 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 Minutes - Final Wednesday, June 21, 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 Planning Division Manager Luke Morris thanked the Commissioners who attended the workshop hosted by Mohave County in Kingman, AZ on June 12, 2023, explaining they had a speaker discuss general Planning & Zoning and Board of Adjustment topics and processes. He provided an update from the June 13, 2023, City Council Meeting, noting Council approved the Victoria Farms Road Manufactured Home General Plan and PD/Rezone. They tabled a separate item on Victoria Farms Road, which was a rezone request of a 30-acre parcel, to allow the applicant time to address active Code Enforcement violations. 5. MINUTES Approval of the Regular Meeting Minutes from May 17, 2023. Member Diaz made a motion to approve the minutes of the last Planning & Zoning meeting, seconded by Member Ballard. The motion carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson 6. PUBLIC HEARING Chairman Harris gave a brief overview of the Public Hearing process. Lake Havasu City Page 1 Printed on 7/19/2023 Planning and Zoning Commission Minutes - Final June 21, 2023 ID 23-3833 Request for a Major Conditional Use Permit for 3430 McCulloch Boulevard N. Building B, Tract 122, Block 1, Lots 13-15, to Allow a Childcare Center in the Residential Limited Multi-Family (R-3) District (Trevor Kearns). City Planner Trevor Kearns thanked the Chairman and Commissioners for their time. [Displayed PowerPoint] He identified the location of the proposed childcare facility and provided an overview of the zoning and land use. Key points included: • Adjacent properties are developed with single family homes or vacant lots. • The subject property is zoned Residential Limited Multiple-Family District (R-3). • The surrounding properties are zoned Residential Two Family (R-2) or Residential Single Family (R-1). Mr. Kearns reviewed the applicants’ Letter of Intent, stating they have operated a small in-home childcare center since 2020 and would like to expand. They intend to rent Building B from Restoration Hope Church. They will add a fire pull alarm system and an enclosed play yard. Mr. Kearns explained that a childcare center is allowed in the current R-3 District with an approved Conditional Use Permit (CUP). The CUP is required as the applicant intends to have more than ten children attend the childcare center. Mr. Kearns stated that no objections were received from other reviewing agencies or departments, but there were some conditions suggested. [Suggested Conditions shown on screen.] He concluded the Staff presentation and advised the applicants are present. Chairman Harris asked if the Church would remain in operation. Mr. Kearns responded affirmatively, noting the childcare center would be an ancillary use. The applicants introduced themselves as Wendy Parker and Alexandra Hansen. Ms. Parker stated they are excited about the opportunity to open a larger childcare center. She explained there is a real need for it in our community, adding they currently have a wait list. There were no questions for the applicants from the Commission. Chairman Harris opened the Public Hearing. Seeing no comments, he closed the hearing. Lake Havasu City Page 2 Printed on 7/19/2023 Planning and Zoning Commission Minutes - Final June 21, 2023 Mr. Kearns advised that based on the findings, the Development Review Committee recommends approval of Item No. 23-3833, for a Major Conditional Use Permit for 3430 McCulloch Boulevard, Tract 122, Block 1, Lots 13-15, to allow a childcare center in the Residential Limited Multi-Family (R-3) District with the following conditions: 1. The childcare center will meet all Fire Department requirements. 2. The change of use will require all building permits and requirements to be approved prior to occupancy. 3. All licensing and permits associated with a childcare facility will be required prior to opening. As point of order, Mr. Morris stated the Planning & Zoning Commission will approve the CUP and it will not need to go before the City Council. Member Ballard moved to recommend approval of Item No. 23-3833, for a Major Conditional Use Permit for 3430 McCulloch Boulevard, Tract 122, Block 1, Lots 13-15, to allow a childcare center in the Residential Limited Multi-Family (R-3) District with the following conditions: 1. Childcare center must meet all Fire Dept. requirements. 2. The change of use will require all building permits and requirements to be approved prior to occupancy. 3. All licensing and permits associated with a childcare facility will be required prior to opening. The motion was seconded by Member Dzuro. The motion carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson ID 23-3834 A Request for a Planned Development Rezone for 2070 Kiowa Boulevard N., Tract 2307, Block 4, Lots 2-4, from General Commercial (C-2) to General Commercial/Planned Development (C-2/PD) to Allow Storage Units (Trevor Kearns) Mr. Kearns reviewed his PowerPoint presentation [Displayed PowerPoint] which included an overview of the property’s location and current zoning. Key points included: • The property measures 1.83 acres and is currently vacant. • Adjacent properties to the east and south are zoned Residential Limited Multifamily (R-3) District and are developed for multifamily housing and a church. • Adjacent properties to the north and west are zoned General Commercial (C-2) District and are vacant or developed for outdoor storage. • The adjacent property across Kiowa Blvd N is zoned Light Industrial (LI) and is developed for multiple Lake Havasu City uses. Lake Havasu City Page 3 Printed on 7/19/2023 Planning and Zoning Commission Minutes - Final June 21, 2023 Mr. Kearns stated the applicant’s Letter of Intent requests to rezone the property for storage rental units for boats, RVs, and similar items. Mr. Kearns provided a brief overview of the C-2 District history, including: • In November 2021, the Lake Havasu City Council amended the Permitted Uses Table, eliminating storage units as an allowed use in the C-2 District. • The City Council expressed concern that prime commercial properties were being used for storage unit development and wished to see the north and south entrances to the City protected. • An applicant can request a storage unit use through the Planned Development/Rezone process. Mr. Kearns reviewed the proposed Development Plan, stating that it includes 56 storage units and two man cave units. There will be two 30-foot wide driveways accessing the property from Kiowa Blvd N. He stated that parking standards are met with the inclusion of one ADA and one standard parking space and the proposal shows an adequate number of trees, shrubs, and decorative ground cover. He stated that building permits and design review for compliance with the Development Code will be required prior to the development of the property. He advised the applicant is present. Commission Member Dzuro asked for clarification on the definition of a man cave. Ivan Bettencourt, from Selberg Associates, introduced himself and thanked Staff for their presentation. In response to Member Dzuro’s question, he explained that a man cave may be built out with a restroom, cabinetry, or sink. There were no additional questions for the applicant. Chairman Harris opened the Public Hearing. Seeing no comments, he closed the hearing. Mr. Kearns stated the Development Review committee recommends the Planning Commission forward a recommendation of approval to the City Council for Land Use Action No. 23-3834 for a Planned Development rezone for 2070 Kiowa Boulevard N., Tract 2307, Block 4, Lot 2, 3 and 4, from General Commercial (C-2) to General Commercial/Planned Development (C-2/PD) to allow storage units as shown on the attached Development Plan with the following condition: 1. Building Permits and Design Review for compliance with the Development Code will be required prior to development of the property. He advised this item is scheduled to be heard by the City Council at its July 25, 2023, meeting and concluded Staff’s presentation. Lake Havasu City Page 4 Printed on 7/19/2023 Planning and Zoning Commission Minutes - Final June 21, 2023 Member Diaz asked if there was a neighborhood meeting and what feedback was received. Mr. Kearns confirmed a meeting was held and a handful of residents attended. He stated the main takeaway was that neighbors were concerned about the potential for outdoor storage and didn’t have issues with indoor storage. Member Lehr moved to recommend the City Council approve Land Use Action No. 23-3834 for a Planned Development rezone for 2070 Kiowa Boulevard N., Tract 2307, Block 4, Lots 2, 3 and 4, from General Commercial to General Commercial/Planned Development to allow storage units as shown on the attached Development Plan with the following condition: 1. Building Permits and Design Review for compliance with the Development Code will be required prior to development of the property. The motion was seconded by Member Ballard. The motion carried by the following vote: Aye: 5 - Harris, Medley, Ballard, Dzuro and Lehr Nay: 2 - Diaz and Wilson 7. CALL TO PUBLIC Chairman Harris explained that the Call to Public is an opportunity to for members of the public to address the Commission, noting they may not respond. He opened the Call to Public. Seeing no comments, he closed the Call to the Public. 8. FUTURE MEETING Mr. Morris stated the Planning & Zoning Meeting scheduled for Wednesday, July 5, 2023, has been cancelled and wished everyone a happy Fourth of July weekend. The next meeting is scheduled for Wednesday, July 19, 2023. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:19 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Shelby Hennigan, Recording Secretary Lake Havasu City Page 5 Printed on 7/19/2023