Planning and Zoning Commission

David Diaz, Chairman Lake Havasu City Gabriele Medley, Vice Police Facility Chairman 2360 McCulloch Blvd North Suzannah Ballard Lake Havasu City, Arizona Joan Dzuro 86403 Jim Harris www.lhcaz.gov Paul Lehr Tiffany Wilson Matthew Mitchell, Alternate Planning and Zoning Commission Regular Meeting Lonnie Stevenson, Alternate JP Thornton, Alternate Minutes - Final Wednesday, October 18, 2023 9:00 AM 1. CALL TO ORDER Chairman Diaz called the meeting to order at 9:00 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Diaz let the Pledge of Allegiance. 3. ROLL CALL Present: 8- Suzannah Ballard, Joan Dzuro, Paul Lehr, Tiffany Wilson, Lonnie Stevenson, Jim Harris, Gabriele Medley and David Diaz Absent: 2- Matthew Mitchell and JP Thornton 4. CORRESPONDENCE AND ANNOUNCEMENTS Planning Division Manager Chris Gilbert provided an update on items recently approved by City Council: • Hilltop Church Amended PD/Rezone Request • Luxlocker Condominium Final Plat • Multi-family Development Parking Standards • Food Truck City Code Amendment The ordinance for food trucks is not part of the Development Code, but will be cross referenced for projects the Commission may discuss, including an item on today's agenda. The Commission made recommendations on the following items, which will be presented to City Council on Tuesday, October 24, 2023: • Deer Run Rezone, Single Lot to R-1 • Delta Drive and McCulloch Rezone C-1 to R-M/PD 5. MINUTES Approval of the Minutes of the September 20, 2023, Planning & Zoning Commission Regular Meeting (Shelby Hennigan) Lake Havasu City Page 1 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 Vice Chair Medley made a motion to approve the Minutes of the September 20, 2023, Planning and Zoning Meeting, seconded by Commissioner Dzuro. The motion carried by the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Harris, Medley and Diaz 6. PUBLIC HEARING Chairman Diaz Provided an overview of the Public Hearing process. ID 23-3997 Request for a Zone Change for 1535 El Camino Drive, Tract 2194, Block 2, Lots 4, 5, & 6 from Limited Commercial (C-1) to General Commercial (C-2) City Planner Trevor Kearns reviewed the Staff Report [Displayed PowerPoint], noting the subject property consists of combined lots 4, 5, & 6 in Block 2 and measures .74 acres. It is zoned Limited Commercial (C-1) and is developed with a church and parking lot. The western side is undeveloped. He reviewed the zoning and uses of the adjacent properties. Mr. Kearns explained the property is in a Parking-In-Common (PIC) area. An approved PIC amendment in 2002 allowed the building to encroach 26.6 feet into the PIC area along the east of the property. The rezone request will not modify the PIC amendment and changes would require a separate application. The applicant’s Letter of Intent asks to amend the zoning from Limited Commercial (C-1) to General Commercial (C-2) to facilitate the future owner’s marine service and repair shop. Since 2017, eight lots in the area have been rezoned from C-1 to C-2. He concluded Staff’s presentation. The applicant is present. With no questions for Staff, Chairman Diaz invited the applicant to the podium. Mr. John Parrott, applicant, is employed by Coldwell Banker Realty in the Commercial Division and represents the current owner, God’s Grace Church. Coldwell Banker also represents a potential buyer. Mr. Parrott explained that historically, much of Lake Havasu’s zoning dates back to the days of McCulloch and it isn’t always in sync with today’s economy. The purpose of rezoning a property is to move it into its highest and best use to create economic viability. Tract 2194's location makes it ideal for general commercial because of its proximity to the Windsor launch ramp, the Industrial Boulevard corridor, and the future second bridge. As staff pointed out, several lots in this area have been rezoned to C-2. Mr. Parrot stated the current owner is looking to sell so they can invest in their other properties. The potential buyers are in the marine service business, which is not an Lake Havasu City Page 2 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 allowed use in C-1 Districts, so they are requesting a rezone prior to purchasing the lot. A neighborhood meeting was held, with three people attending. Most questions related to the use and hours. The hours of operation are 8:00 a.m. to 4:00 p.m. and most of the work is done inside. The only thing happening outside will be pick up and drop off. A nearby property owner, Brian Castle, provided a letter of support. As there were no questions for the applicant, Chaiman Diaz opened the Public Hearing. Kelly Lutz, resident, asked if there is a denisity difference for C-1 and C-2 Districts. Mr. Kearns explained that C-1 is more of a light commercial or retail zone, while C-2 allows heavy commercial uses. Commissioner Harris asked if Mr. Kearns could expand on the differences in use. [Displayed Permitted Use Table.] Mr. Kearns highlighted allowed C-2 uses, such as recycling facilities, warehouses, and wholesale distribution. C-1 Zoning does not allow industrial uses, so boat or auto repair is not allowed. Mr. Gilbert added that the General Plan category for this area allows for both C-1 and C-2 uses and the proposed use fits into the Resort Related land use category. Seeing no additional comments, Chairman Diaz 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. 23-3997, a Zone Change for 1535 El Camino Drive, Tract 2194, Block 2, Lots 4, 5, & 6, from Limited Commercial (C-1) to General Commercial (C-2) District. This item is scheduled to be heard by the City Council at its November 14, 2023, meeting. Commissioner Ballard made a motion to recommend that the City Council approve Land Use Action No. 23-3997, a Zone Change for 1535 El Camino Drive, Tract 2194, Block 2, Lots 4, 5, & 6, from Limited Commercial (C-1) to General Commercial (C-2) district. The motion was seconded by Commissioner Dzuro. The motion carried by the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Harris, Medley and Diaz ID 23-4011 Approval of a Conditional Use Permit for 2894 Jamaica Boulevard and 2895 Chemehuevi Boulevard, Tract 2271, Block 13, Parcels 2 and 3, to Permit Seven Mobile Food Vendors, a Permanent Building, and a Shade Lake Havasu City Page 3 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 Structure in the Limited Commercial (C-1) District (Chris Gilbert) Mr. Gilbert highlighted the following features of the property [Displayed PowerPoint]: • Total land area is 1.18 acres and is comprised of two separate parcels. • To the east is the Masonic Lodge. • To the west is a Texaco Station • The area is in small pocket of Limited Commercial (C-1) District and is surrounded by Two-Family (R-2) and Limited Multiple-Family (R-3) Zoning Districts. • Residential Single Family (R-1) zoning is in the area, but is not adjacent to the proposed project. • He is not presenting a General Plan map because the General Plan is incongruent with the zoning. Mr. Gilbert stated the applicant is requesting a Conditional Use Permit (CUP) under the recently approved food truck ordinance. They are proposing a permanent building, parking for seven food trucks, and a canopy for outdoor seating. Additional improvements include landscaping, dumpster enclosure, lighting, a grease interceptor, water/sewer/fire lines, parking, and curb/gutter improvements. He noted these are major improvements expected for a restaurant, but this will be a food truck concept instead of one large buidling. Mr. Gilbert explained Staff is recommending several conditions of approval for the CUP, some of which are intended for neighborhood protection and others are operational for the site. Before reviewing the conditions, he highlighted the following key points: • The proposed building will be approximately 1,100 sq. ft. with a restaurant, restrooms, and kitchen for commissary. • The Development Code is not set up to contemplate parking for food trucks, so under the requirements only 11 parking spaces are required. The applicant is proposing 41 spaces. • Landscaping will be required along Jamaica and Chemehuevi Blvds. • There is an easement between the two lots, which will not be impacted. Mr. Gilbert stated the conditions under the Staff Analysis are met and Staff believes this is a good use for the property. He explained that C-1 tracts scattered throughout the City have struggled to place commercial business, with many remaining vacant. This particular area is unique because it has the Texaco Station and Masonic Lodge. Developing these lots will complete the commercial area. The applicants are present. Chairman Diaz asked for clarification on the General Plan conflict. Mr. Gilbert explained the General Plan shows this entire area as low-density residential, while the Zoning Map shows a mix of commercial and multi-family zoning. The properties were developed in Lake Havasu City Page 4 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 accordance with the zoning, not the General Plan. Chairman Diaz asked for information on the new food truck ordinance. Mr. Gilbert responded the new ordinance provides regulation for individual food trucks, as well as details hours and locations of operation. As a condition of the CUP, all food trucks on the property must comply with the requirements of the ordinance. Commissioner Lehr asked if the applicant will need to renew the CUP annually. Mr. Gilbert responded affirmatively, noting City Council provided direction to have CUPs renewed on an annual basis, as food truck regulations are new and they want to determine what works best. They left it open to modify the time frame in the future. With no further questions from the Commission, Chairman Diaz invited the applicants to the podium. Rob Sampson, Selberg Associates, is pleased to present this exciting new project. The applicants are looking to bring their food truck concept used in Oregon to Lake Havasu City. They have 10 years of experience operating food trucks and have an award-winning chef who will champion the first truck and run the bar. It will have a food court like setup so families can choose from a variety of menu options and eat together. The site plan offers both indoor and outdoor seating. He noted this concept has proven very successful in Oregon. Although their climate is different, they have a high and low season and they don’t experience much of a downturn in the low season because of the concept they’ve created. He thinks this is a great use for this property and it will be neighborhood friendly. Stefan Peña introduced himself and his wife, Meagan Peña. They live in Tumalo, OR, just outside of Bend, OR. They operate several food trucks and businesses just like this. They have been successful and create a great family atmosphere with lots of choices and good chefs. They will operate during the daytime and evening, with no late night hours, and won’t result in a lot of loud noise. Mrs. Peña stated that Tumalo is a small town and their food truck courts have become a great gathering place for friends and family. They have family in Lake Havasu and envision creating a similar family friendly gathering place for the community here. Chairman Diaz asked what purpose the permanent building will serve. Mr. Sampson explained the building will have a bar and indoor seating that can be used by patrons of the food trucks. It will also have a small commissary kitchen and restrooms. Chairman Diaz asked if the food trucks will rotate or if they will have a permanent selection. Mr. Peña confirmed they hope to have long term food trucks on site, adding Lake Havasu City Page 5 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 they have tried both models and offering a fixed selection seems to work better. People will know where to find their favorite food truck and it will be an area with tables and nice landscaping, not just a parking lot with trucks. Food truck operators like the set up once they get established. He recognized that parking is always a big concern, so they wanted to ensure they have adequate parking spaces. This property offers the space and parking they were looking for. Chairman Diaz asked if they have plans for outdoor entertainment. Mrs. Peña responded that they may offer music indoors, like a small acoustic set, but do not have plans for any kind of outdoor entertainment. Commissioner Dzuro asked about the proposed hours of operation. Mrs. Peña confirmed hours of operation would be 11:00 a.m. to 9:00 p.m. Mr. Gilbert stated that outdoor entertainment is not an approved use in the C-1 District and this is inclued in the recommended conditions of approval. With no further questions, Chairman Diaz opened the Public Hearing Mr. Dave Weigand, resident, is in opposition to the project for several reasons. First, he is concerned noise will not stop promptly at 9:00pm, disrupting the sleep of residents, particularly children. Second, he is concerned about traffic and safety of pedestrians crossing the street. Finally, as resident and member of the Masonic Lodge, he is concerned about an increase in trash and parking overflowing on to the street and other lots. He stated he spoke to the people at St. Michael’s United Methodist Church, across the street from the proposed project, and they are in opposition as well. He does not feel this is an appropriate use for this land. Mr. Dave Zier, resident, lives nearby and is opposed to the project. He bought his property about a year ago. The area is primarily residential and he may not have purchased it if he knew a bar was going to be built nearby. He is concerned about an increase in traffic and parking, noting he can see the Church parking lot being used for overflow. Tom Goodfellow, resident, appreciates entrepreneurism and the creativity of the project, however he is opposed to it. As a former owner of a restaurant and lodging business, he expressed concern about the impact this may have on existing businesses. He explained he is supportive of business owners and feels that this model may circumvent a lot of expenses that restaurants endure, creating an unlevel playing field. He added that food trucks imply they should be mobile. Lake Havasu City Page 6 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 Kelly Lutz, resident, is opposed to the project noting that food trucks are intended to be mobile and not a permanent fixture. It seems they are developing the property with a building to satisfy certain rules, but the building will be serving alcohol and not food. He is opposed to all food truck lots, adding it is okay to leave these lots vacant for future use instead of rezoning them for development now. He hopes the food trucks in town are successful, but they should be mobile and he doesn’t want to see them competing with brick and mortar restaurants that have more expenses. Chairman Diaz clarified that the request is for a Conditional Use Permit, and not a rezone. Bob Bowman, resident, lives on Jamaica Blvd near the proposed project. He supports the idea, noting downtown can be crowded and parking can be a mess. He thinks it would be great to have an area with different menu options that he can walk to. He feels the comments about food trucks not paying their fair share are inaccurate, as the property owners and food trucks pay for licensing, insurance, and a mortgage or rent like regular restaurants. He thinks it will be good for the neighborhood, the hours are reasonable, and there will be plenty of parking. The CUP will be reviewed in one year and he believes the applicants deserve a chance as they are willing to put in the time, money, and effort to get this going. Brian Osgood, resident, lives on Gypsy Drive and is not in favor of this project. He cited concerns related to trash and smells. He stated the proposed hours don’t make much sense and he thinks for 4-5 months they would need to operate in the early morning to capture the work and breakfast crowd. Maud Wallen, resident, lives right behind these lots and has been there for 33 years. She is concerned that this will drastically affect her home and property. Rayce Meyers, resident, asked if the food trucks would have dedicated electricity or if they would use generators. Mr. Sampson confirmed all electrical would be dedicated. Mr. Meyers asked for the location of the trash enclosure. Mr. Gilbert pointed out the enclosure adjacent to the Texaco Station, adding a condition of approval will be to shift it to the left to allow an existing connection to remain. Mr. Meyers asked what the outlined box on the other side of the parking lot is. Mr. Gilbert responded that it is a parking area for delivery trucks and will be striped off for no parking. Mr. Meyers lives in the condos adjacent to the project and explained the proposal places the food trucks right in front of their pool area and he is concerned it will disrupt the privacy and enjoyment of their pool. He requested they consider relocating the trucks to the other side of the lot, near the Lodge parking lot, as it would be further away from the Lake Havasu City Page 7 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 residential homes. This would help to minimize the impact it would have on residents trying to enjoy their pool or yard during the busiest hours. Additionally, he asked them to consider pest control, as they already have a lot of rodents, bunnies, and coyotes using this vacant area and additional food and trash may bring in more pests. Mr. Meyers noted Staff mentioned mitigation for the condo owners, but it wasn’t clear what that was. Mr. Gilbert explained that most of the mitigation would occur during the Design Review process, adding there is a 20-foot setback on both properties, resulting in a 40-foot buffer. Staff will also review things like lighting standards to ensure there is a minimal impact on the neighbors. Andrew Regan, owner of the Motor & Boat Texaco, thinks this is a great idea, noting he is from Oregon and has seen how these businesses operate. He lives in the area and looks forward to having a walkable place where his family can eat and have a variety of options. He understands concerns from the condo residents and acknowledged that some readjustments could be made to address concerns about noise and privacy. He owns Crispy Crunchy Chicken inside Texaco and he doesn’t think this will be bad for his business, adding competition can be a good thing. He noted Texaco has a lot of walk-in traffic with people buying food or groceries because transportation on the south side is limited and walkable restaurant options would be good for the community. Bambi Osgood, resident, is opposed to this project, noting it is a residential neighborhood and not restaurant or bar area. She does not want a bar in her backyard. She explained that after the market was built, they put a fence up because people were cutting through their backyard and trespassing continues to be a problem. She stated this kind of business belongs out at the mall, not in the middle of a neighborhood. Mrs. Osgood asked for the building occupancy. Mr. Gilbert responded that occupancy will be determined when construction drawings are submitted, noting parking requirements are determined by the Development Code. The Code requires 11 spaces, but they are providing 41 spaces. Mrs. Osgood expressed concerns about trash and rodents, parking, air pollution, noise, loitering, and dust. She stated the general public is not aware of the new food truck ordinance and thinks it is important to have an understanding of what those rules are and how they will be enforced. Mr. Gilbert stated the new ordinance, City Code chapter 5.24 is available to review online. Larry Rosser, resident and member of the Masonic Lodge, expressed concerns about traffic, noting Jamaica Blvd is very busy and there are people who don’t follow the speed Lake Havasu City Page 8 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 limit and stop signs. He explained Texaco has a sign posted allowing only 10 students inside at a time and asked if they had considered how to handle students loitering after school. He added he has concerns about the design and is worried there will be cars or other food trucks parked along already busy streets. Dr. Donna Fearnside, resident attending remotely, owns a duplex on Chemehuevi Blvd and stated this is a residential area and she is opposed to the project due to the increased noise and traffic it will bring. Chairman Diaz invited the applicant to address the comments made by the residents. Mr. Peña understands many of the concerns expressed by residents. They have a food truck court located near several schools in Oregon. The area has a lot of student foot traffic, but they aren’t stopping by to eat. He doesn't anticipate students loitering will be an issue, but will address it if that happens. The grounds, landscaping, and trash will be maintained daily. Their location in Tumalo is in a similar neighborhood, adjacent to residential homes. They experienced some of the same push back when they started, but have been able to address the neighbors' concerns and it is now a popular gathering place for the community. Mr. Peña stated the costs for this are similar to opening a new restaurant. Aside from the cost to install infrastructure, construct the building, and develop the lot, they have additional fees and insurance. The trucks also incur their own fees to operate and there are stringent requirements they must follow. He acknowledged there are fewer overhead costs for a single food truck, but a project like this takes a lot of planning and design. Full hook-ups for individual trucks will be provided so trucks won’t leave to empty their grey water or refill their fresh water. It will also help reduce the noise and odors. Traffic and noise would be similar to what one would expect from a grocery store or retail parking lot. Mr. Peña explained there are similar projects zoned for outdoor music or entertainment, but that isn’t what they are going for. They want to bring something awesome to the area that the community can enjoy. He acknowledged there are some valid concerns and they will work with neighbors to mitigate and address those issues if they arise because that is who they are and what their business represents. Mr. Sampson clarified the intent of the bar is not to be a sports bar or nightclub. They will be applying for a beer and wine license and the idea is to offer a beer or glass of wine as an option to compliment meals. Mr. Sampson explained that while it is can be hard to discuss alternatives of what could be built on a commercial lot, it is important to realize that at some point it will be developed. Lake Havasu City Page 9 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 This property could be developed with a 25-foot commercial building up to the easement lines, as long as the use falls within the C-1 Zoning. The proposed plan does not include a tall building and has a small footprint, minimizing the impact on neighbors’ views. This project has a low intensity in compared to some of the other possible C-1 uses. Seeing no additional comments, Chairman Diaz closed the Public Hearing. Mr. Gilbert advised that based on the findings, the Development Review Committee recommends the Planning Commission approve Land Use Action 23-4011 for a Conditional Use Permit for 2894 Jamaica Boulevard and 2895 Chemehuevi Boulevard, Tract 2271, Block 13, Parcels 2 and 3, to Permit Seven Mobile Food Vendors, a Permanent Building, and a Shade Structure in the Limited Commercial (C-1) District, with the following conditions: 1. The final plans submitted for Design Review shall substantially match the concept Site Plan submitted with this application. The driveway constructed with this site shall connect with the existing cross access driveways into the adjacent Texaco station, requiring relocation of the proposed dumpster location. 2. No outdoor entertainment is permitted in the C-1, Limited Commercial District. 3. No mobile food units shall be placed on the property until a Certificate of Occupancy is issued for the bar/restroom building. 4. The property is limited to seven mobile food units located as shown on the Site Plan. 5. Provide Public Works requested traffic analysis of site with Design Review documents. 6. The mobile food vendors shall individually meet all appropriate City, County, and State requirements, including Business Licensing, Fire, and Health Department regulations contained in City Code Chapter 5.24, regarding Mobile Food Vendors. 7. A minimum of one thirty-gallon trash receptacle shall be provided within fifteen feet of each individual mobile food unit. 8. All lighting shall be designed and shielded in compliance with Lake Havasu City Code Section 14.04.05, with detailed lighting specifications provided with the Design Review submittal. 9. The development shall comply with the noise regulations described in Lake Havasu City Chapter 9.30. 10. The Conditional Use Permit shall be reevaluated by the Planning Commission one year after issuance of a Certificate of Occupancy for the bar/restroom building to gauge the impact of the use on the neighborhood and determine any of the conditions need modification to assure minimum impact to the neighborhood. 11. Combine parcels 2 and 3 into one parcel prior to issuance of a Certificate of Lake Havasu City Page 10 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 Occupancy for the principal structure. Mr. Gilbert explained the project is in compliance with the mobile food vendors ordinance recently passed by City Council, noting City Council held Public Hearings with hours of testimony and discussion prior to its adoption. Vice Chair Medley asked what would happen to the building if the CUP is not renewed. Mr. Gilbert explained that a beer/wine bar or restaurant is a permitted use in the C-1 Zoning District, so it could operate as a bar or restaurant even if the food trucks are no longer there. Additionally, it can serve as a commissary. Commissioner Harris stated he thinks this is a viable use for the property and would like to make a motion. Commissioner Harris moved the Planning Commission approve Land Use Action 23-4011 with Staff's recommendations. The motion was seconded by Commissioner Dzuro. There was additional discussion prior to voting. Commissioner Dzuro explained that Lake Havasu is a place where people to come together and she thinks this will be a great gathering place. She hopes people from the neighborhood will stop by and grab a meal to-go or enjoy it there. The Commission will have the opportunity to review the CUP in a year. If they keep up on the trash and address the concerns of the neighborhood, this could be a positive thing for the community. If issues arise, the Commission has the option to decline to renew the permit. Commissioner Wilson explained that she doesn’t have an issue with the concept, but food trucks are meant to be mobile and not stationary. She has previously brought this up and is concerned that issuing CUPs for what are supposed to be mobile units may open a can of worms for zoning, noting it is no different than a resident asking for a CUP to put an RV on a single family lot and call it a temporary home. With no further discussion, Chairman Diaz called for a vote. Commissioner Harris moved the Planning Commission approve Land Use Action 23-4011 with Staff's recommendations. The motion was seconded by Commissioner Dzuro. After additional discussion, the motion carried by the following vote: Aye: 4 - Dzuro, Lehr, Harris and Medley Nay: 3 - Ballard, Wilson and Diaz Lake Havasu City Page 11 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 ID 23-4001 A Request for Preliminary Subdivision Plat Approval for Window Rock Estates, Tract 2397, for 4017, 4021, 4025, and 4029 Window Rock Road E, APNs 110-05-025, 023, 027, and 003, Creating 147 Lots on Approximately 80 Acres in the Single Family Residential (R-1), Residential Estates (R-E), and Residential Agriculture (R-A) Districts (Chris Gilbert) Mr. Gilbert explained this project has been brewing for a while and City Council approved the zoning. Today, the review is for the Preliminary Plat. [Displayed PowerPoint.] He reviewed the following key points: • The general location is east of McCulloch Blvd S and north of Horizon Six, which is under County jurisdiction. • Window Rock Road is on the south and is the only access point at this time. • When the property to the west is developed, an additional access point will be added. It is not actively under development, but there are plans to do so. • A traffic study was submitted, which had minor recommendations. • Most of the property is zoned Residential Single Family (R-1), with a smaller portion zoned Residential Estates (R-E), and Agricultural-Residential (R-A) Zoning in the northeast. • The R-A zoning encompasses steep hillside terrain that is mostly undevelopable. • Parcels A-G are intended for utility and drainage purposes, with Parcel G being most of the undevelopable R-A area. Mr. Gilbert explained there is not detailed engineering because this is a Preliminary Plat. The Preliminary Plat reflects the most up-to-date zoning and the proposed lot layout. City water is available with the area being in Pressure Zone 4. The developer will be responsible for installing infrastructure and utilities. Mr. Gilbert stated there are several recommended conditions of approval, some of which are based on comments from other reviewing agencies. These conditions must be addressed prior to submitting the application for the Final Plat. The purpose of today’s review is to determine if the Preliminary Plat is sufficient to move forward to Final Plat review. Staff believes this is a feasible subdivision from the way it is laid out. Commissioner Harris asked if the streets will be public or private. Mr. Gilbert confirmed they will be public and Public Works will require offsite improvements. They will consult with Mohave County during review because the City boundary runs down the middle of Window Rock Road. Mr. Gilbert stated the traffic study’s primary recommendation was left turn lanes into the subdivision east bound. The City and Mohave County support the recommendation. Chairman Diaz invited the applicant to the speak. Lake Havasu City Page 12 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 Terry Brierton, Bluewater Development, stated Mr. Gilbert did a great job reviewing their request and he is happy to answer any questions. Their engineer, Mac Hall with Iris Development Serivces, is also present. There were no questions for the applicant. Chairman Diaz opened the Public Hearing. Karen Johnson, resident, lives on Window Rock Road across from the proposed site and asked when the traffic study was done and how long it lasted. It is her understanding that a traffic study should take at least a week, but she observed only two days of monitoring. She explained morning traffic is very bad. She also expressed concerns about water pressure, noting that during certain times of day her water pressure is very low due to demand. Finally, she asked about the location of the access roads into the development. Mr. Gilbert explained the secondary access road will be installed when the adjacent property to the west is developed. It will connect into the street system north of Window Rock Road. At present, the total number of proposed units plus the existing lots is less than 200 units. The traffic study determined the proposed number of units would not have a significant enough impact on Window Rock Road and McCulloch Blvd S to necessitate a second access road now, but that will change when the adjacent property is developed. The complete traffic study is included in the agenda packet. Mr. Brierton explained they have been working on this project for about 8 years and have completed several traffic studies. The most recent was done about 4 months ago, so it includes updated traffic counts. He noted there is another access point on Lakeside Drive, which ties into Window Rock Road. This route would allow people to turn off McCulloch Blvd S before Window Rock Drive. Mary Van Rooy lives in the County adjacent to this project. She mentioned two streets, Blue Crystal Trail and Blue Water Run, referred to as access points by the newspaper. She has been unable to locate them on a map. Mr. Gilbert explained those streets will be entries off Window Rock Road into the subdivision and have not yet been built. Nancy Clapp, resident, asked if both access points will be from Window Rock Road, or if there will be access from other streets, such as Chickasaw Drive. If a future access road is required, where will it tie in? Mr. Gilbert responded by giving a brief explanation of traffic study warrants, noting the warrants triggered for this study did not justify a second access road at this time. However, when the adjacent property is developed, the warrants will likely justify a second access road due to the increase in units. He explained that it is unknown at this Lake Havasu City Page 13 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 time where the access road will be because they haven’t submitted a plat for review. Ms. Clapp understands a traffic study was completed, but it seems like a lot of traffic added into a couple mile area and she is concerned about the safety and ease of traffic getting in and out. She noted rezoning for a large apartment complex was recently approved at the intersection of Delta and McCulloch Blvd S, which is in the vicinity, and will increase overall traffic in the area as well. Mr. Hall, the Civil Engineer for the project, explained they hired Southwest Traffic to complete the traffic impact analysis. They gathered data during peak traffic hours, which are 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., in March 2023. He confirmed the Preliminary Plat shows two access points into subdivision, both of which are off Window Rock Road. When the adjacent parcel is developed, the second access will most likely tie into Angelfish Lane and Chickasaw Drive. Concerning water pressure, Mr. Hall explained the developer will be responsible for water infrastructure, which is slated to include a new transmission main, water tank, and booster system. This will reduce the impact on water pressure for neighbors. Seeing no further comments, Chairman Diaz closed the Public Hearing and asked Mr. Gilbert for Staff’s recommendation. Mr. Gilbert stated that based on the findings, the Development Review Committee recommends the Planning Commission approve land use action ID No. 23-4001, for a Preliminary Subdivision Plat for Window Rock Estates, Tract 2397, for 4017, 4021, 4025, and 4029 Window Rock Road E, [APNs 110-05-025, 023, 027, and 003,] creating 147 lots on approximately 80 acres in the Single Family Residential (R-1), Residential Estates (R-E), and Residential Agriculture (R-A) Districts, with the following conditions of approval: 1. Detailed engineering drawings to be submitted and approved by the City Public Works Department prior to Final Plat approval, including all sanitary sewer, waterline, fire line, drainageway, and roadway design plans. 2. No at-risk grading permit shall be issued until final drainageway plans are approved by the City Public Works Department. 3. Left turn lanes to be installed on Window Roack Drive into the subdivision, including all public improvements on the north side of the roadway (curb and gutter, sidewalk). This will require submitting documents to Mohave County for approval. 4. Lot 147 does not meet the minimum 10,000 Square feet lot size standards and is recommended to be combined with the adjacent lot to the west if it cannot be resized. Lake Havasu City Page 14 Printed on 11/15/2023 Planning and Zoning Commission Minutes - Final October 18, 2023 5. The stub streets extending off of Azure Terrace to the east shown as serving the large flag lots backing up to Parcel G to be removed and shown as true flag lots, each with an individual driveway access. Commissioner Dzuro asked if the City Council expressed any concerns during their review. Mr. Gilbert responded that Council didn’t express concerns regarding the plat, clarifying they reviewed a zoning amendment request, which was approved. Commissioner Harris moved the Planning Commission approve Land Use Action 23-4001 with Staff's recommendations. The motion was seconded by Commissioner Ballard. The motion carried by the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Harris, Medley and Diaz 7. CALL TO PUBLIC Chairman Harris provided a brief overview of Call to Public. He opened Call to Public. Seeing no comments, he closed Call to Public. 8. FUTURE MEETING Mr. Gilbert stated the November 1, 2023, regular meeting is cancelled as the room is unavailable due to training. The next regularly scheduled meeting will be November 15, 2023. 9. ADJOURNMENT Chairman Diaz adjourned the meeting at 10:39 a.m. _________________________________________ David Diaz, Chairman _________________________________________ Shelby Hennigan, Recording Secretary Lake Havasu City Page 15 Printed on 11/15/2023