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, February 7, 2024 9:00 AM 1. CALL TO ORDER Chairman Diaz called the meeting to order at 9:04 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Diaz led the Pledge of Allegiance. 3. ROLL CALL Present: 8- Suzannah Ballard, Joan Dzuro, Paul Lehr, Tiffany Wilson, Lonnie Stevenson, JP Thornton, Gabriele Medley and David Diaz Absent: 2- Matthew Mitchell and Jim Harris Chairman Diaz invited Commissioner Stevenson to take the vacant seat at the dais. 4. CORRESPONDENCE AND ANNOUNCEMENTS Planning Division Manager Chris Gilbert stated the first feasibility study meeting was held regarding the design and construction for the secondary access bridge to the Island. The meeting was about 1.5 hours long with over 100 people in attendance. The consultant made a presentation and answered questions. Future public input meetings are planned. 5. MINUTES ID 24-4110 Approval of the Minutes of the January 17, 2024, Planning & Zoning Commission Regular Meeting (Shelby Hennigan) Commissioner Wilson made a motion to approve the Minutes of the January 17, 2024, Planning & Zoning Meeting, seconded by Commissioner Ballard. The motion carried by the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Stevenson, Medley and Diaz 6. PUBLIC HEARING Chairman Diaz provided a brief overview of the Public Hearing process. Lake Havasu City Page 1 Printed on 3/6/2024 Planning and Zoning Commission Minutes - Final February 7, 2024 ID 24-4117 A Request for Preliminary Subdivision Plat Approval for Grand Island Residential Estates, Creating 51 Residential Lots and an Additional Open Space Parcel A on Approximately 17.93 Acres in the Residential Estates/Planned Development (R-E/PD) District. (Chris Gilbert) Mr. Gilbert explained this is the preliminary platting phase which is looks at the initial feasibility of the proposed plat. Engineering and other details will be reviewed during the final plat review. Mr. Gilbert provided an overview of the property's location and history [Displayed PowerPoint], including the following key points: • The subject properties are part of the 1994 Grand Island Estates development plan, which consists of five developed single-family residential subdivisions, a park, and the subject properties. • The subject properties consists of Parcel A and portions of Parcels B and C that together measure approximately 18 acres and are vacant. • They are located on the Island at the northwest corner of the Grand Island Estates development near the western end of Beachcomber Boulevard. • The subject property was rezoned by the City Council in January 2023 to its current designation of Residential Estates/Planned Development (R-E/PD.) • This total number of proposed lots for detached, single-family homes is 51, with an Open Space Parcel A. Mr. Gilbert displayed the General Development Plan from 1994, highlighting the proposed area. He explained the development was approved for a maximum of 402 lots, of which only 342 lots have been platted. The proposed development is for 51 residential lots, which, when added to the 342 existing lots, equals 393 lots, which is less than the 402 lots originally approved. The agenda packet includes copies of the drainage and traffic studies required by the City Public Works Division. Mr. Gilbert stated there are some items the developer will need to address with Engineering, but it is important to have preliminary plat approval so they can move forward with making the investments necessary to address those issues. Commissioner Ballard asked for clarification on why there is wording limiting the development to no more than 55 lots, but they are only proposing 51 lots plus an open space. Do they have plans to add 4 additional lots, or does the wording need to be changed in the recommendation to indicate that only 51 lots will be built? Mr. Gilbert explained the rezone approved by City Council in 2023 allows 55 lots, but the developer could only fit 51 lots in their design. The wording is okay because it references Lake Havasu City Page 2 Printed on 3/6/2024 Planning and Zoning Commission Minutes - Final February 7, 2024 the allowances approved by City Council and represents the upper limit. Commissioner Ballard asked if there is a development plan for Parcel A. Mr. Gilbert responded that there is not presently a plan, noting there are a lot of easements and utilities limiting its development. The parcel will need to be maintained somehow and the developer or future homeowners’ association could decide to turn it into a small park. Referencing Section 3.1 on page 2 of the Traffic Impact Statement, Commissioner Dzuro stated the proposed project opening date is 2032 and asked if they were really anticipating 8 years to complete the project. Mr. Gilbert deferred to the applicant. Chairman Diaz invited the applicant to the podium. Stuart Schmeling, representative for owner Jim Rohl, noted the plat shows 5 lots that are less than 10,000 sq. ft. They have a plan for property line adjustments to ensure that all of the lots will meet the minimum size requirements. Mr. Schmeling explained that leading up to the 2023 rezoning, Mr. Rohl was working with the owner of the adjacent vacant parcel to reorganize the parcels into something more uniform in shape as shown on the approved 1994 General Development Plan. Had the property line adjustments been completed, they would have been able to accommodate 55 lots on the plat, which is why they requested a maximum of 55 lots during the rezoning process. The two parties parted ways when the adjacent owners did not continue with their development action, so Mr. Rohl’s team designed a proposed plat with 51 lots using the space available. Mr. Schmeling stated they are aware of Conditions listed in the Staff Recommendation and have already been working with Staff to address them. They have no objections to the Conditions. To answer Commissioner Dzuro’s question, Mr. Schmeling believes the reference of an 8-year completion timeline is an error, but he will confirm with Greenlight Traffic Engineering. Commissioner Diaz opened the Public Hearing. Chad Nelson, resident, asked if the dotted chevron shown on lots 24 & 25 is the building outflow. Mr. Schmeling confirmed there is a sewer easement and the chevon indicates a building envelope for the sewer line. Greg Clarke, Trinity Land Development LLC, noted that in 1994, 402 lots were approved Lake Havasu City Page 3 Printed on 3/6/2024 Planning and Zoning Commission Minutes - Final February 7, 2024 for this development. His company purchased 3 tracts of the development, for a total of 184 lots. Through the subdivision process and replatting, they are down to 143 lots, so they still have rights to 41 lots. He asked how the 41 lots that his company purchased and has the rights to was transferred to the applicant without his knowledge or approval. Mr. Gilbert explained that the lot totals provided came from the Staff Report from the 2023 rezone request and that question would require more research. Kelly Garry, City Attorney, explained without doing further research she cannot confirm if the lots were allocated to specific tracts or if it was an overall figure for the entire development. Mr. Clarke stated each plat was allocated a certain number of lots on the original plat. Mr. Gilbert explained that the intent of this action is not to remove anyone else’s entitlements to lots, but Staff will review the records to ensure the information provided for the rezone was reliable. Seeing no additional comments from the Public, Chairman Diaz closed the Public Hearing. Mr. Gilbert stated that based on the findings, the Development Review Committee recommends Planning Commission approval of the Preliminary Subdivision Plat for Grand Island Residential Estates, Containing 51 Residential Lots and an Additional Open Space Parcel A on Approximately 17.93 Acres in the Residential Estates/Planned Development (R-E/PD) District 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. Secondary access point from Beachcomber (shown on plat at southwest corner) to be connected through easement agreement or purchase agreement with Arizona State Land Department with copy provided to City staff. 3. All review agency comments contained in this staff report shall be addressed by the developer. 4. All conditions of City Council approval of the January 2023, General Development Plan that accompanied the Rezoning of the subject property shall be in force as follows: a. The development shall be limited to no more than 55 lots. b. The minimum building setback for lots abutting the Grand Island Estates, Parcel D development, also known as Monticello Estates shall be 20 feet. Lake Havasu City Page 4 Printed on 3/6/2024 Planning and Zoning Commission Minutes - Final February 7, 2024 c. Minimum lot area reduced from 15,000 square feet to 10,000 square feet. The 51 lots shown on the plat average well over 10,000 square feet, but 5 lots are slightly under 10,000 square feet (by 3% or less) and will require either readjusting lot sizes on the Final Plat or filing Minor Variance applications (prior to building permit issuance) in each individual case. d. Side setback reduced from 10 feet to 5 feet. e. Rear yard setback reduced from 20 feet to 15 feet, except for lots abutting Monticello Estates. Chairman Diaz asked the applicant if they understood the conditions. Mr. Schmeling responded affirmatively. Commissioner Stevenson asked if is still an outstanding question on the lot totals and entitlements. Chairman Diaz also asked for further clarification. Development Services Director Jeff Thuneman explained the question of lot entitlements for the other tracts is irrelevant to the preliminary plat review. The entitlement of 55 lots for the properties being discussed today was granted by the City Council in 2023 during the rezoning process and already exist. He encouraged the applicant to contact the Development Services Staff with any questions he has about his property. Referencing Condition 2, Chairman Diaz asked if the applicant had been in contact with the Arizona State Land Department to begin the process of obtaining an easement or purchasing the land necessary for their secondary access point. Mr. Schmeling confirmed he has been in contact with the State Land Department. Commissioner Ballard moved to approve the Preliminary Subdivision Plat for Grand Island Residential Estates, Containing 51 Residential Lots and an Additional Open Space Parcel A on Approximately 17.93 Acres in the Residential Estates/Planned Development (R-E/PD) District with conditions as stated. The motion was seconded by Commissioner Lehr. The motion carried by the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Stevenson, Medley and Diaz 7. CALL TO PUBLIC Chairman Diaz gave a brief overview of Call to Public and opened Call to Public. Bonny Toy, resident, expressed concerns about accessibility to local businesses and the City Court House for those who are handicapped or have mobility challenges. Seeing no additional comments, Chairman Diaz closed Call to Public. Lake Havasu City Page 5 Printed on 3/6/2024 Planning and Zoning Commission Minutes - Final February 7, 2024 8. FUTURE MEETING Mr. Gilbert stated the regular meeting scheduled for February 21, 2024, has been cancelled. The next regular meeting will be March 6, 2024, and there are several items planned for the agenda. Next week, Staff will present the corrugated metal discussion item to the City Council for direction. Council will also review proposed text amendments. 9. ADJOURNMENT Chairman Diaz adjourned the meeting at 9:33 a.m. _________________________________________ David Diaz, Chairman _________________________________________ Shelby Hennigan, Recording Secretary Lake Havasu City Page 6 Printed on 3/6/2024