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 Matthew Mitchell, Alternate Lonnie Stevenson, Alternate JP Thornton, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, July 19, 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: 9- Jim Harris, Matthew Mitchell, Gabriele Medley, David Diaz, Suzannah Ballard, Joan Dzuro, Paul Lehr, Lonnie Stevenson and JP Thornton Absent: 1- Tiffany Wilson Alternate Member Commissioner Stevenson was seated. 5. MINUTES This item was taken out of order and moved ahead of Correspondence and Announcements. Commissioner Diaz made a motion to approve the minutes of the last Planning & Zoning meeting, seconded by Commissioner Ballard. The motion carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Stevenson Approval of Regular Meeting Minutes from June 21, 2023. 4. CORRESPONDENCE AND ANNOUNCEMENTS Planning Division Manager Luke Morris provided an update from the July 11, 2023, City Council meeting, stating that Council approved the General Plan Text and Development Code Updates the Commission recommended for approval at the May 17, 2023 meeting. He congratulated Commissioner Ballard on her reappointment as a regular member of the Commission and Commissioner Thornton on his appointment an alternate member. He Lake Havasu City Page 1 Printed on 8/2/2023 Planning and Zoning Commission Minutes - Final July 19, 2023 thanked all of the members for their valuable service. Mr. Morris stated Development Services Department Director Jeff Thuneman would like to make an announcement. Mr. Thuneman introduced Chris Gilbert as the newest member of the Development Services Team, noting he will be the new Planning Division Manager. Mr. Morris is retiring at the end of September. Most recently, Mr. Gilbert was the Planning & Zoning Coordinator in Raytown, Missouri. He comes to Lake Havasu with a lot of knowledge and experience in the field of Planning and will have the opportunity to cross train with Mr. Morris. 6. PUBLIC HEARING Chairman Harris provided an overview of the Public Hearing process. ID 23-3876 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 provided an overview of the Staff Report. [Displayed PowerPoint.] In describing the property location and zoning, Mr. Morris noted the following: • The subject property is located on the east side of Park Avenue, north of Mulberry Avenue, near the City Aquatic Center. • It is currently vacant, undeveloped, and measures about 1.25 acres with a 50-foot Public Utility Easement (PUE) at the rear. • 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 uses. • The properties to the west, across Park Avenue, are zoned Island/Body Beach (I-B) with a condominium/apartment complex in the permitting process and a hotel. Mr. Morris stated a similar request from the applicant was reviewed by the Commission at the April 5, 2023, Regular Meeting and by City Council at the May 9, 2023, Regular Meeting. He explained Council had concerns about the vehicle circulation and parking for the restaurant/drive-thru and asked the applicant to revise and resubmit the plan. Mr. Morris advised this is the revised site plan [displayed Site Plan – Ground Floor] and pointed out that the proposed retail building was moved to the south and a travel aisle was Lake Havasu City Page 2 Printed on 8/2/2023 Planning and Zoning Commission Minutes - Final July 19, 2023 added. Mr. Morris provided an overview of the applicant’s Letter of Intent and General Development Plan, included the following key points: • Like the previous proposal, there will be two buildings on the property. One is a 2,668 sq. ft. restaurant/drive-thru. The second is a mixed-use building with 6,300 sq. ft. of commercial use on the ground floor and apartment units on the second and third floors. • The apartments will have reserved parking, with the remaining parking used for the restaurant and commercial spaces. • Landscaping will be designed to meet City standards. Mr. Morris explained the C-1 Zoning District allows a building height up to 25 feet. [Displayed Elevations.] The drive-thru building will be well under the 25-foot height limit. However, the mixed-use building is proposed for 30 feet in height when measured from the zero for the lot. Because the building is 5 feet higher than the 25-foot allowed in the C-1 District, the applicant is asking for a height exception. Mr. Morris stated the mixed-use building will include 24 multiple-family two-bedroom apartments, consisting of 12 units on the second and third stories. He noted multiple-family residential is not allowed in the C-1 District, therefore, the applicant is asking for an exception to allow the use through the PD/Rezone Process. Mr. Morris provided an overview of the elevation and exterior designs, including the following features: • Building elevations show a three-story building with varied parapet roof heights. • Commercial uses and covered parking are located on the ground floor, while residential units will be on the second and third floors. • Some residential units are shown with balconies. • The building exterior is a mix of white, grey, and tan with a number of alcoves and recesses to break up any long expanses. Mr. Morris explained the multiple-family use will be similar in appearance to a hotel, which is allowed is the C-1 District. He added that Staff does not anticipate this use having any major impact on the neighborhood. Mr. Morris stated the applicant is making use of parking alternatives allowed in the Development Code to reduce the required parking from 88 to 70 spaces. [Displayed Parking Table.] He explained they have done this through the Shared Parking Allowance, which provides a reduction factor for the combined restaurant and residential uses, resulting in a reduction of six spaces. The Bicycle Facility reduction allows 12 bicycle spaces in lieu of 12 vehicle parking spaces, resulting in a reduction of 12 parking spaces. In total, 18 spaces are removed through the parking allowance, for a total of 70 required Lake Havasu City Page 3 Printed on 8/2/2023 Planning and Zoning Commission Minutes - Final July 19, 2023 parking spaces. He added the proposed plan shows 71 spaces, meeting the Development Standards, so no parking exceptions are requested. [Displayed Rear Vehicle Travel Aisle] Mr. Morris explained the rear 50 feet of the property is a PUE and the proposed site plan shows a vehicle travel aisle in a portion of the PUE which is necessary to access the parking at the rear of the building. UniSource Electric expressed concern about developing the eastern most 25 feet of the PUE where the travel aisle is located and asked that this portion be left completely open, allowing only landscaping gravel at the most. Mr. Morris explained that, 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. The developer is proposing compacted decomposed granite as a pavement material, which is not an option approvable by the Zoning Administrator. Therefore, a condition to allow compacted decomposed granite for a vehicle travel aisle has been included for consideration in the proposed conditions of approval. Mr. Morris stated that Staff is comfortable with the alternative paving, adding that the applicant would prefer standard paving and is working with UniSource to explore other paving options. Mr. Morris provided a brief overview of other design details, including signage and landscaping. [Displayed Landscaping & Signage.] Highlights included: • A 10-foot landscape buffer is shown along the Park Avenue right-of-way and landscaping strips are shown throughout the property. • Signage is shown on the plan but is not being reviewed as part of this application. • No exceptions are being requested for landscaping or signage. • Review of landscaping and signage to ensure they meet the Development Code standards will be required prior to development. The applicant submitted renderings of the proposed design, which Mr. Morris displayed in his PowerPoint. He stated Staff supports this request 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 and the City Public Works Department during the development permitting process to address drainage Lake Havasu City Page 4 Printed on 8/2/2023 Planning and Zoning Commission Minutes - Final July 19, 2023 and traffic impacts on the Highway 95 corridor. Mr. Morris concluded Staff's presentation, noting the applicant is present. Chairman Harris asked Mr. Morris to provide a brief recap of the differences between this submittal and the previous submittal. Mr. Morris noted the following major differences: • The mixed use building has been shifted to the south. • The parking in the rear is at a higher elevation so as not to disturb the rear 50-foot easement. This brings the rear parking almost level with the second floor, so from the direction of Highway 95 the building will look like a two-story building with a potential walk over from the parking lot. • The location of the proposed drive-thru building was moved from the southern part of the lot to the north side and they have provided 17 to 18 queuing spaces for drive-thru traffic. Commissioner Diaz asked if the entry/exit for the drive-thru will be off Park Avenue. Mr. Morris confirmed it would be. Commissioner Diaz noted this design makes more sense for the drive-thru. Commissioner Diaz inquired about the height of the Keller Williams building that was recently built on Park Avenue. Mr. Morris responded that he didn't know the exact height, but the maximum height from the zero grade for that lot is 25-feet due to the C-1 Zoning. He thinks that they opted to grade below their zero grade in order to gain building height, which is similar to what is being proposed for this project. Commissioner Diaz stated he understands the decomposed granite is needed to allow utility access, but is concerned that it may get torn up from traffic and weather. He hopes the applicant will continue to work with UniSource to find an alternative and that they will maintain the decomposed granite if it is installed. He asked if the resident parking will be limited to the residents only and if spaces will be assigned. Mr. Morris responded that the rear parking will be gated so only residents have access, but deferred to the applicant on whether spaces will be assigned. He added that the gated parking satisfies the parking requirements for the multiple-family units without any parking reductions. Commissioner Stevenson asked to revisit the parking chart and reductions. He noted the required parking for the restaurant went from 26.7 spaces to 18 and the retail requirement went from 21 spaces to 13 and would like clarification as to how that is substantiated. Mr. Morris responded that the Development Code allows parking reductions in certain situations for mixed-use and commercial developments. He explained one mechanism of Lake Havasu City Page 5 Printed on 8/2/2023 Planning and Zoning Commission Minutes - Final July 19, 2023 reduction is shared parking, in which there are two different uses and the parking requirements for each use is combined and then divided by a predetermined factor. In this case the reduction factor is 1.1, or approximately 10%, for the combined uses. The highest two uses are selected for the formula. The 2-Bedroom Residential Units and the Restaurant/Drive-thru have the highest requirements and when the reduction factor was applied they received a reduction of 6 spaces. He explained the other 12 reductions came from bicycle parking, noting the Development Code allows for a one-to-one reduction if certain conditions are met. There is a minimum threshold of required spaces and a maximum number of bicycle spaces eligible for reduction. The parking design will be reviewed during the Design Review process to ensure it is in compliance. Mr. Morris stated that these are just two of several parking reduction mechanisms allowed in the Development Code. These mechanisms are available for anyone to use, provided they meet the criteria, and using a parking reduction mechanism does not require an exception or Planned Development process. Commissioner Stevenson acknowledged resident parking is addressed with gated parking. However, he is concerned there is not enough parking to support multiple retail spaces and a restaurant when employees and customers are factored in, adding the plan seems to be based on smaller cars and doesn't consider oversized vehicles or trailers. Mr. Morris clarified that the parking table, which shows the spaces broken down for the retail and restaurant/drive-thru, is just an example of a possible breakdown based on the plan provided. Thirty-one spaces must be provided for the two uses, but that does not mean 18 spaces must be assigned specifically for the restaurant and 13 for the retail space. It will be up to the developer or tenants on whether they want to designate spaces for a specific use or share them among the tenants. Commissioner Stevenson asked if these will be rentals. Mr. Morris responded it is his understanding that they will be, noting the applicant is available to provide additional details. Chairman Harris invited the applicant, Dr. Farshad Zaghi, to make a presentation. Dr. Zaghi responded that he did not have a presentation, but is more than happy to answer any questions. There were no questions for the applicant from the Commission Members. Chairman Harris opened the Public Hearing. Seeing no comments, he closed the hearing. Lake Havasu City Page 6 Printed on 8/2/2023 Planning and Zoning Commission Minutes - Final July 19, 2023 Mr. Morris advised 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. 23-3876, 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 and the City Public Works Department during the development permitting process to address drainage and traffic impacts on the Highway 95 corridor. He noted this item is scheduled to be presented to City Council at the August 8, 2023, Regular Meeting with the Commission's recommendation. Commissioner Ballard moved to recommend the City Council approve Land Use Action No. 23-3876, 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 and the City Public Works Department during the development permitting process to address drainage and traffic impacts on the Highway 95 corridor. Lake Havasu City Page 7 Printed on 8/2/2023 Planning and Zoning Commission Minutes - Final July 19, 2023 The motion was seconded by Commissioner Dzuro. The motion carried by the following vote: Aye: 6 - Harris, Medley, Diaz, Ballard, Dzuro and Lehr Nay: 1 - Stevenson 7. CALL TO PUBLIC Chairman Harris explained the Call to Public is an opportunity for members of the public to address the Commission. He opened the Call to Public. Seeing no comments, he closed the Call to Public. 8. FUTURE MEETING Mr. Morris stated the next Regular Meeting of the Planning & Zoning Commission is scheduled for Wednesday, August 2, 2023. 9. ADJOURNMENT Chairman Harris adjourned the meeting at 9:27 a.m. _________________________________________ Jim Harris, Chairman _________________________________________ Shelby Hennigan, Recording Secretary Lake Havasu City Page 8 Printed on 8/2/2023