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, August 16, 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, Gabriele Medley, David Diaz, Suzannah Ballard, Joan Dzuro, Paul Lehr, Tiffany Wilson, Lonnie Stevenson and JP Thornton Absent: 1- Matthew Mitchell 4. ELECTION OF CHAIR Chairman Harris explained that the first item of business was the annual election of the Commission's Officers and asked if there were any nominations for Chair. Commissioner Ballard nominated Chairman Harris as continuing Chair. Commissioner Medley nominated Commissioner Diaz as Chair. City Attorney Kelly Garry advised that the Commission could take a written vote, but votes would not remain anonymous and would be read into the record. Chairman Harris called for a vote for those in favor of Commissioner Diaz as Chair. Recording Secretary Shelby Hennigan took a roll call vote: Aye: 6 - Dzuro, Lehr, Medley, Diaz, Wilson, Harris Nay: 1 - Ballard As Commissioner Diaz received a majority vote, a second vote was not held. Chairman Lake Havasu City Page 1 Printed on 9/20/2023 Planning and Zoning Commission Minutes - Final August 16, 2023 Harris passed the gavel to Commissioner Diaz. Newly seated Chairman Diaz thanked the Commission and thanked Commissioner Harris for his service, adding that he has done a great job. He asked for a round of applause for Commissioner Harris. 5 ELECTION OF VICE CHAIR Chairman Diaz asked if there was a nomination for Vice Chair. Commissioner Harris nominated Commissioner Medley. Commissioner Medley nominated Commissioner Lehr. Chairman Diaz called for a vote for those in favor of Commissioner Medley as Vice Chair. Ms. Hennigan took a roll call vote: Aye: 6 - Dzuro, Lehr, Ballard, Diaz, Harris, Wilson, Nay: 1 - Medley Chairman Diaz asked Commission Medley if she accepted. She responded affirmatively. 6. CORRESPONDENCE AND ANNOUNCEMENTS Planning Division Manager Luke Morris provided an update from the August 8, 2023 City Council Meeting. At the recommendation of the Commission, they approved the Planned Development Rezone request for 115 Park Avenue with a vote of 4 to 3. 5. MINUTES Chairman Diaz asked if there was a motion to approve the Minutes as presented. Commissioner Harris made a motion to approve the Regular Meeting Minutes from August 2, 2023, seconded by Commissioner Dzuro. The motion carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson 6. PUBLIC HEARING Chairman Diaz provided an overview of the Public Hearing Process. ID 23-3899 Request for a Preliminary Subdivision Plat for LuxeLocker, Sweetwater Ave., Storage Condominiums at 3204 Sweetwater Avenue, Tract 2289, Block 6, Portion of Lot 2, Creating a 48-Unit Storage Condominium Subdivision in the General Commercial/Planned Development (C-2/PD) District City Planner Trevor Kearns reviewed the Staff Report [displayed PowerPoint], noting the Lake Havasu City Page 2 Printed on 9/20/2023 Planning and Zoning Commission Minutes - Final August 16, 2023 following: • The subject property is located on Sweetwater Avenue, between Oro Grande Boulevard and Osborn Drive. • He reviewed zoning and development of adjacent properties. • A 48-unit storage complex was approved and is currently under construction. • The proposed condominium plat will convert the units into condominiums, allowing them to be individually owned. • There will be common areas for ingress/egress, maintenance and operation of utilities, sewage, drainage, refuse collection and emergency vehicles. • In November 2021, the City Council amended the Development Code barring storage units in the C-2 Zoning District. However, on December 14, 2021, this property was rezoned to C-2/PD with an exception to allow storage units. • A property owners association will install, manage, and maintain the association improvements, with the common area privately owned. Mr. Kearns concluded the Staff Report, noting the applicant is present. Commissioner Dzuro asked if this request is to parcel the units for individual sale only and approval is not needed to continue construction. Mr. Kearns confirmed that is correct. With no further questions, Chairman Diaz invited the applicant to speak. Lee Johnson, A.P.L. Surveying Inc., stated Staff did a good job explaining the request and he is available to answer questions. There were none. Chairman Diaz opened the Public Hearing. Seeing no comments, he closed the hearing. He brought the item back to the table for Staff recommendation. Mr. Kearns stated Staff recommends approval of Land Use Action 23-3899, a Preliminary Subdivision Plat for LuxeLocker, Sweetwater Ave., Storage Condominiums at 3204 Sweetwater Avenue, Tract 2289, Block 6, portion of Lot 2, creating a 48-Unit Storage Condominium Subdivision in the General Commercial/Planned Development (C-2/PD) District. Commissioner Harris made a motion to approve Action Item 23-3999 with Staff's recommendations, seconded by Commissioner Dzuro. The motion carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson ID 23-3895 Request to Amend the Parking-In-Common Masterplan for 2905 Maricopa Avenue, Tract 2211, Block 2, Lot 9, Removing the Property from the Masterplan (Trevor Kearns). Lake Havasu City Page 3 Printed on 9/20/2023 Planning and Zoning Commission Minutes - Final August 16, 2023 Mr. Kearns reviewed the Staff Report [displayed PowerPoint), with key points including: • The subject property is located on Maricopa Avenue between Rolling Hills and Melrose Drives. An alley abuts the rear of the property and Highway 95 is to the south across Maricopa Avenue. • The subject property and abutting lots to the west and east are zoned Commercial Southgate District (C-SGD) and developed as commercial uses and some vacant lots. The properties to the north are zoned R-SGD (Residential Southgate District) and are a mix of vacant lots and residential developments. • The original Parking-In-Common (PIC) Masterplan for Block 2 includes Lots 1 through 24, which are all 250 feet deep. It calls for a 10-foot landscape buffer along Maricopa Avenue, a 120-foot front parking setback, and a 20-foot rear parking setback from the alley, resulting in a buildable depth of 100 feet. • Other properties within this block have already been removed from the PIC Masterplan. Lots 16-24 were removed to allow sales display in the PIC area. • An advantage of being included in a PIC Masterplan is that development and redevelopment need only comply with the PIC Masterplan, rather than the parking requirements of the Development Code. • All uses within the PIC share parking, with no spaces reserved for any one business or use. Mr. Kearns explained that the applicant’s Letter of Intent requests to amend the PIC Masterplan by removing the subject property to allow an outdoor display. If removed, all required parking for any proposed uses shall be provided on the subject lot and spaces may be reserved for their customers and employees. Use of PIC area on other lots will not be allowed. Additionally, any new structures will be limited to the 100-foot buildable area. Design Review for Development Code compliance, including driveways and parking standards, will be required before building permits are issued to develop the property. He explained that a PIC Amendment Application requires initial agreement from a minimum of 75% of the property owners within the PIC block, noting the applicant submitted approval from 8 out of 10 property owners. Staff received no objection from reviewing agencies. The applicant is present. Chairman Diaz asked if the Commission had any questions for Staff. Seeing none, he invited the applicant to the podium. Jon McKenna, Tuff Shed Regional Sales Manager, introduced himself. There were no questions from the Commission. Chairman Diaz opened the Public Hearing. Seeing no comments, he closed the hearing. Lake Havasu City Page 4 Printed on 9/20/2023 Planning and Zoning Commission Minutes - Final August 16, 2023 Mr. Kearns advised that Staff recommends approval of Land Use Action No. 23-3895, an amendment to the Parking-In-Common Masterplan for 2905 Maricopa Avenue, Tract 2211, Block 2, Lot 9, removing the properties from the masterplan, with the following conditions: 1. Design Review to ensure compliance with all applicable City codes, including driveway locations and parking, is required prior to development of the properties. Referencing the Aerial Map, Commissioner Ballard asked how removing the subject property from the PIC Masterplan would impact access for other properties onto Maricopa Avenue. Mr. Kearns explained that would be looked at during Design Review. They would work with Public Works to ensure that access isn’t eliminated to adjacent properties. Commissioner Lehr moved to approve Land Use Action No. 23-3895, an amendment to the Parking-In-Common Masterplan for 2905 Maricopa Avenue, Tract 2211, Block 2, Lot 9, removing the properties from the Masterplan, with the following conditions: 1. Design Review to ensure compliance with all applicable City codes, including driveway locations and parking, is required prior to development of the properties. The motion was seconded by Vice Chair Medley. The motion carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson ID 23-3912 Request for a Text Amendment to City Code Title 14, Zoning (Development Code), Section 14.04.02.C, Parking Requirements, Amending Dwelling, Multi-family Parking Standards and How Fractions of Parking Space Calculations are Rounded (Chris Gilbert) Planning Division Manager Chris Gilbert thanked the Commission for their time, adding he is happy to be here making his first presentation to them. Mr. Gilbert stated this item was reviewed by the Commission on two previous occasions: April 19, 2023 & May 17, 2023. A recommendation was forwarded to the City Council to leave parking requirements unchanged. The City Council reviewed the Commission’s recommendation at its July 25, 2023, meeting and had extensive discussion on the topic. Council voted unanimously to return the item to the Commission with direction. Recommendations included: • Return to the parking standards that previously existed in 2016. • Round up in all cases of fractional parking spaces. Lake Havasu City Page 5 Printed on 9/20/2023 Planning and Zoning Commission Minutes - Final August 16, 2023 • Retain covered parking requirements. He reviewed the differences between the current and previous standards. [Displayed Multi-Family Parking, Current vs. Previous Standards.] New standards include: • Changing the requirements for R-UMS and MU-UMS Districts to be based on bedroom number, rather than number of units. • Changing the requirement for one bedroom units to 1.5 spaces, up from 1 space. • Changing the requirement for units with two or more bedrooms to 2 spaces, up from 1.5 spaces. • The ratio for guest parking will remain 1 space per 5 required units. • The requirement of having one parking space per unit be in a garage or covered would not change. Mr. Gilbert reviewed a comparison of Lake Havasu City standards versus other jurisdictions [displayed Other Jurisdictions], noting it was important because it shows the standards they are being asked to consider are comparable to the average requirements in other Arizona cities. He emphasized that these standards are not out of line with what other cities are doing. Mr. Gilbert explained the current parking code ignores fractions, instead of rounding the number up or down. [Displayed Parking Space Rounding.] For example, if a project requires 12.9 spaces, the required number would be truncated to 12 spaces rather than rounded up to 13 spaces. Council voted to boost fractions to the next highest whole number, adding that fractional round up will apply to parking standards for all uses, not just residential uses. He reviewed PowerPoint Slides showing the tracked changes in the Code and concluded the Staff Report. Chairman Diaz stated he attended the City Council Meeting and two comments that came up the most during the Public Hearing related to rounding spaces up and keeping the covered parking requirement. He added that while it was a long discussion, Council did a good job of listening to everyone when drafting their recommendation. Chairman Diaz opened the Public Hearing. Seeing no comments, he closed the hearing. With no further discussion from the Commission, Chairman Diaz called for a motion. Commissioner Ballard moved to recommend approval of Land Use Action No. 23-3912, request for text amendments to City Code Title 14, Zoning (Development Code), Section 14.04.02.C, Parking Requirements, amending Dwelling, Multi-family parking standards and how fractions of parking space calculations are rounded. Lake Havasu City Page 6 Printed on 9/20/2023 Planning and Zoning Commission Minutes - Final August 16, 2023 The motion was seconded by Commissioner Dzuro. The motion carried by the following vote: Aye: 7 - Harris, Medley, Diaz, Ballard, Dzuro, Lehr and Wilson 7. CALL TO PUBLIC Chairman Diaz opened Call to Public, asking if there was anyone who would like to address the Commission. Seeing no comments, he closed Call to Public. 8. FUTURE MEETING Mr. Gilbert stated there is a Special Meeting on Wednesday, August 23, 2023, at 11:00am to review the Hilltop Rezone request that was first presented two weeks ago. He explained there was some confusion on their application and they have submitted revised drawings. The Special Meeting will allow their request to be presented on the City Council meeting date they were originally scheduled for without any further delays. The Regular Meeting of the Planning & Zoning Commission scheduled for Wednesday, September 6, 2023, has been cancelled. The next Regular Meeting is scheduled for Wednesday, September 20, 2023, at 9:00am. 9. ADJOURNMENT Chairman Diaz adjourned the meeting at 9:34am. _________________________________________ David Diaz, Chairman _________________________________________ Shelby Hennigan, Recording Secretary Lake Havasu City Page 7 Printed on 9/20/2023