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, January 3, 2024 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 led the Pledge of Allegiance. 3. ROLL CALL Present: 9- Matthew Mitchell, Suzannah Ballard, Joan Dzuro, Paul Lehr, Tiffany Wilson, Lonnie Stevenson, Jim Harris, Gabriele Medley and David Diaz Absent: 1- JP Thornton 4. CORRESPONDENCE AND ANNOUNCEMENTS Planning Division Manager Chris Gilbert had no updates at this time. 5. MINUTES ID 24-4085 Approval of the Minutes of the December 20, 2023, Planning & Zoning Commission Regular Meeting (Shelby Hennigan) Commissioner Harris made a motion to approve the Minutes of the December 20, 2023, Planning & Zoning Meeting, seconded by Commissioner Ballard. The motion carried by the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Harris, Medley and Diaz 6. PUBLIC HEARING Chairman Diaz gave an overview of the Public Hearing Process. ID 24-4081 A Request for a Zone Change and General Development Plan Approval for 700 London Bridge Road, Located at the Southeast Corner of London Bridge Road and Industrial Boulevard, from MU-G (Mixed Use-General) to MU-G/PD (Mixed Use General/Planned Development). (Chris Gilbert) Lake Havasu City Page 1 Printed on 1/17/2024 Planning and Zoning Commission Minutes - Final January 3, 2024 Mr. Gilbert explained the owner purchased this property at auction from the Arizona State Land Department. It was zoned Agricultural Preservation (A-P) District. In 2021, the Planning & Zoning Commission and City Council reviewed two Planning requests: a rezone of the property from A-P District to Mixed Use-General (MU-G) District and a General Plan Amendment approving Commercial Mixed Use. A specific use was not specified in the Staff Report or Ordinance. This is very important to point out because the applicant believed the MU-G zoning would meet the project’s needs, but during the design phase, they discovered some MU-G requirements are inconsistent with the design. The applicant is here today requesting a Planned Development (PD) Overlay to the MU-G zoning. Mr. Gilbert reviewed his PowerPoint presentation, which highlighted the following: • The project abuts commercial properties to the east and north. Lake Havasu State Park is to the west. • Adjacent zoning includes General Commercial (C2) District, General Commercial/Planned Development (C2/PD), and A-P. • There are no immediately abutting residential neighbors. The most significant neighbor is the State Park. Mr. Gilbert displayed the Conceptual Development Plan submitted and explained the applicant is attempting to utilize three different uses on the property: • On the far east side they are proposing storage units, which is consistent with the use of the property directly adjacent. • On the south end, they propose a restaurant/retail structure. • The remainder of the development will be comprised of carriage house style buildings, with garage on the ground floor and living on the second floor. These units will be on the interior of the lot and along London Bridge Road. Mr. Gilbert explained there are two restrictions in the MU-G District the applicant is requesting relief from: Section 14.02.04.B.4.b and Section 14.03.03.A.5. [ Displayed slide entitled PD OVERLAY ZONING DISTRICT AMENDMENT AND CONCEPT PLAN APPROVAL.] Section 14.02.04.B.4.b, under the heading “Additional Development Standards,” requires doorways to lead to sidewalks and 65% of the primary building frontage to be located no farther than 20-feet from the property line. The applicant has advised this would create severe building orientation issues for the buildings in the project. Section 14.03.03.A.5 under the heading “Dwelling, Multi-Family,” mandates 25% of the gross floor area of each structure be for non-residential uses and dwelling units be located on the ground floor. This requirement prevents the developer from realizing the concept Lake Havasu City Page 2 Printed on 1/17/2024 Planning and Zoning Commission Minutes - Final January 3, 2024 of having the residential dwelling on the second floor above the garages. Garages are an accessory use to the residential use. Mr. Gilbert explained both the underlying future land use category and MU-G zoning permit residential use as a secondary use, with the storage units and restaurant/retail being the primary use. The PD would clarify the design standards to allow the developer to orientate the buildings in a manner that suits the development and better address some existing issues. Mr. Gilbert reviewed comments received from reviewing agencies, including: • The State Park requests to review a Traffic Impact Analysis, as the property is located at a major intersection and the entry to the State Park. This was also requested with the original rezoning in 2021. • Lake Havasu City Public Works requests dedication of additional right-of-way, installation of turn lanes, lane widening, easements and stormwater control, which shall be addressed as part of the Design Review process. • They will need to work with the utility companies to address comments regarding location of services and easement specific requirements during Design Review. Mr. Gilbert noted UniSource Electric has already installed some major service components that may cause the buildings to shift a little bit. The PD will allow some minor adjustments to the building location to accommodate the utilities. Mr. Gilbert explained Staff’s findings and recommendations are listed in the Staff Report. Staff believes all findings have been met to support adding a PD Overlay to the existing MU-G zoning. The Report also lists a number of factors indicating compliance with the General Plan’s intent. Mr. Gilbert stated that based on the findings, the Development Review Committee Recommends the Planning Commission recommend approval of Item No. 24-4081, a zone change for 700 London Bridge Road, located at the southeast corner of London Bridge Road and Industrial Boulevard, to add a Planned District Overlay zone to the existing MU-G (Mixed Use-General District) and approve the General Development Plan for the property with the following conditions: 1. City Code Section 14.02.04.B.4.b shall not be applicable to this project. 2. City Code Section 14.03.03.A.5 shall not be applicable to this project. 3. All requirements of the Lake Havasu City Public Works Department and the utility providers regarding the proposed project depicted on the General Development Plan shall be satisfied during the Design Review process. 4. The development conducted on the site shall be in substantial compliance with the General Development Plan at all times. Minor changes necessary to meet utility Lake Havasu City Page 3 Printed on 1/17/2024 Planning and Zoning Commission Minutes - Final January 3, 2024 company, ADOT or City Public Works Engineering requirements shall not be considered as substantial changes. Commissioner Dzuro asked if the traffic study requested in 2021 was completed and, if so, are Public Work's recommendations based on the results? Mr. Gilbert explained Public Works did a preliminary review and determined turn lanes will be needed, but the traffic study will provide detailed analysis and recommendations. The study has not been completed. Chairman Diaz invited the applicant to speak. Luke Still, of Desert Land Group, explained they had this concept in mind when purchasing the property in 2019 and are asking for the PD Overlay in order to integrate the residential component. They plan to divide the property into three different sites, but the sites will work together. The restaurant and storage uses are allowed under the current zoning, but the residential design requires some exceptions to incorporate their design. He stated the Arizona State Land Trust did not dedicate the necessary land along the street back to the City prior to auction, but they are working with the City to ensure the proper rights-of-way are dedicated. A landscape buffer will be installed behind the buildings to help soften the height. He explained two-story buildings at this location will provide really great views, as well as residential density in an area that has mostly industrial and commercial uses. From a residential aspect, being able to walk across the street to the State Park is really a cool feature. Chairman Diaz asked if the parking requirements are satisfied for all proposed uses. Mr. Gilbert explained the actual required count will be looked at during Design Review, but because the residential units include garages and there is ample distance between units, Staff feels there is suitable space to accommodate the required parking. Chairman Diaz stated that he hopes the traffic study will take into consideration holiday traffic, as he has seen significant traffic backed up on both London Bridge Road and Industrial Avenue that could affect people trying to turn into the development. Mr. Gilbert noted traffic is a concern expressed by the State Park as well. Mr. Still explained the entrance on London Bridge Road was moved to the far end of London Bridge Road to help mitigate congestion near the intersection. Commissioner Diaz opened the Public Hearing. Lake Havasu City Page 4 Printed on 1/17/2024 Planning and Zoning Commission Minutes - Final January 3, 2024 Dan Roddy, Park Manager at Lake Havasu State Park, is attending on behalf of Arizona State Parks and Trails. He stated he would like to start by applauding the City and the developer for their efforts and acknowledging the traffic concerns. Traffic at the intersection into the park is one of their primary concerns. Back in 2021, they commented on the close proximity of the entrance to the intersection. They appreciate their voice being heard. Mr. Roddy stated that one goal of the State Trust Land is to help develop tax bases and ensure money is put back into the community to support economic development. They believe this project will do that. They applaud this project and look forward to having new neighbors, but have some concerns, traffic being one. The volume of people visiting the State Park annually is over 500,000. They have worked very hard over the years to mitigate traffic impacts and coordinate with the City and police to address issues. He explained the City recently installed bike lanes on London Bridge Road, which he acknowledged are important for growth and road funding, but the bike lanes have further restricted the flow of traffic. They want to avoid a scenario where the State Park is viewed as responsible for future traffic issues after there has been additional development. He is confident they can work with the City and developer to create a plan to work through these issues, but reiterated traffic is a big concern. Mr. Roddy stated another potential concern is noise. The State Park hosts a variety of events each year, such as jet ski races, that can result in increased noise in the neighborhood. Some of these events may be things that residential neighbors wouldn’t be thrilled to live next to, but are events the Park has hosted for many years and that give back to the community and economy in a big way. They welcome the project and look forward to it being successful, but want to take the opportunity to put on record that they have concerns about future residents complaining about the noise coming from pre-existing events hosted by the State Park. He thinks these concerns are being incorporated into the design, noting Mr. Still’s comments about setbacks and landscape buffers, and they appreciate that. Mr. Still explained his company has worked with the State Parks on a variety of projects and they are happy to do their best to accommodate and address their concerns. He believes the events and activities the Park hosts will attract people to the area and acknowledged they will represent to buyers that this is a unique area and not a typical neighborhood. Seeing no further comments, Commissioner Diaz closed the Public Hearing. Commissioner Harris moved to recommend approval of ID 24-4081 with Staff's recommendations. Lake Havasu City Page 5 Printed on 1/17/2024 Planning and Zoning Commission Minutes - Final January 3, 2024 The motion was seconded by Commissioner Ballard. The motion carried by the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Harris, Medley and Diaz ID 24-4073 Request to Amend the Parking-In-Common Masterplan for 3857 & 3861 Chemehuevi Blvd, Tract 2222, Block 5, Lots 13 & 14 to Allow Vehicular Access for a Drive-Thru Cafe Use in the Limited Commercial (C-1) District (Trevor Kearns) City Planner Trevor Kearns reviewed his PowerPoint [Displayed Power Point], highlighting the following: • The subject property is located at the northwest side of Chemehuevi Blvd and is currently vacant. • The abutting lots on both sides are zoned Limited Commercial (C-1) District and are undeveloped with their parking areas unimproved. • The property to the north across the alley is zoned Residential Multiple Family (R-M) District and is undeveloped. • The properties across Chemehuevi Blvd are zoned Residential Two-Family (R-2) District. Mr. Kearns explained the request is to amend the approved Parking-In-Common (PIC) plan to allow vehicular access for a café drive-thru. The proposed drive-thru lane disrupts the layout of the PIC masterplan for this area, so the PIC Amendment is required. A PIC Amendment requires approval from a minimum of 75% of the owners of properties within the block. The applicant submitted approvals from 6 of the 7 (85%) owners within the PIC block. Staff received no objections to the request. The proposed site plan shows a 2,010 sq. ft. drive-thru café with 13 parking stalls. Per the Development Code, a drive-thru requires a minimum of three stacking spaces, which are shown on the site plan. He reviewed Staff’s recommended conditions [Displayed Staff’s Recommended Conditions] and concluded his Staff Report. Chairman Diaz invited the applicant to speak. Rob Sampson, Selberg Associates, stated Mr. Kearns did a great job of presenting the proposal. He explained the owner’s intention is to develop a potentially multi-story café with a drive-thru. Presently, the properties adjacent to this lot have not been developed, so they are proposing a temporary parking layout. Once adjacent lots are developed, the PIC Masterplan can go into effect. Chairman Diaz asked if the café would be drive-thru only. Mr. Sampson confirmed it will Lake Havasu City Page 6 Printed on 1/17/2024 Planning and Zoning Commission Minutes - Final January 3, 2024 offer sit-down service as well. Commissioner Lehr asked if the driveway entrance is designed to be widened, based on the handicap ramp details. Mr. Sampson confirmed that is the case, noting that as adjacent parking is installed, it may be necessary to extend or add to the drive-thru. This is the best location for the access point. Chairman Diaz opened the Public Hearing. Patty Holder, owner of Pets in Paradise Resort located several lots down from the proposed project, welcomes this project but is concerned construction traffic may use her building's driveway or block her mailbox. She asked that construction traffic use the alley. Mr. Sampson responded that they have no objections to her request and will work with her to be a good neighbor. Seeing no further comments, Chairman Diaz closed the Public Hearing. Mr. Kearns stated that based on the findings, the Development Review Committee recommends approval of an amendment to the Parking-In-Common Masterplan for 3857 & 3861 Chemehuevi Blvd, Tract 2222, Block 5, Lot 13 & 14, to allow vehicular access for a drive-thru cafe use in the Limited Commercial (C-1) District, with the following conditions: 1. The project shall substantially match the site plan submitted with the application. 2. The property will still be part of the shared parking for any proposed uses on the property 3. When the neighboring properties are developed, the owner of lot 13 & 14 will be required to allow access to the adjacent properties and redesign their parking lot to allow driving aisles and parking. 4. The owner shall ensure a proper paved and improved access to McCulloch Blvd. is provided, that receives approval of the city’s Public Works Dept., to permit drive through traffic to exit the property in a safe and direct manner. The property owner is encouraged to work with the adjacent property owner to the north to achieve this common goal. 5. Design Review is required to ensure compliance with all applicable city codes, including driveway locations, parking, and vehicle stacking requirements, and 6. If the property is not developed per this approval, it shall be developed to conform to the original PIC Masterplan. Mr. Gilbert noted the property owner to the north refers to the Delta Drive properties recently approved for a Planned Development/Rezone to allow apartments. A condition Lake Havasu City Page 7 Printed on 1/17/2024 Planning and Zoning Commission Minutes - Final January 3, 2024 of their approval is to improve the alley because it serves as secondary access to their project. The drive-thru lane for this project will exit into the alley almost directly across from their access point, so traffic from both sides will use the alley to enter McCulloch Blvd. Commissioner Harris moved to approve of ID 24-4073 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 Diaz provided an overview of Call to Public and opened Call to Public. Patty Holder, resident, asked if the alley improvements between Delta Drive and Chemehuevi Boulevard would result in one-way or two-way traffic. Chairman Diaz explained the Commission could not have a two-way conversation during Call to Public, but Staff may be able to answer her questions. Seeing no further comment, Chairman Diaz closed Call to Public. 8. FUTURE MEETING The next Regular Meeting of the Planning & Zoning Commission will be Wednesday, January 17, 2024, at 9:00 a.m. Mr. Gilbert advised Staff is working on several upcoming items. 9. ADJOURNMENT Chairman Diaz adjourned the meeting at 9:37 a.m. _________________________________________ David Diaz, Chairman _________________________________________ Shelby Hennigan, Recording Secretary Lake Havasu City Page 8 Printed on 1/17/2024