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, March 6, 2024 9:00 AM 1. CALL TO ORDER Chairman Diaz called the meeting to order at 9:01 a.m. 2. PLEDGE OF ALLEGIANCE Chairman Diaz led the Pledge of Allegiance. 3. ROLL CALL Chairman Diaz invited Commissioner Stevenson to take the vacant seat at the dais. Present: 9- Matthew Mitchell, Joan Dzuro, Paul Lehr, Tiffany Wilson, Lonnie Stevenson, JP Thornton, Jim Harris, Gabriele Medley and David Diaz Absent: 1- Suzannah Ballard 4. CORRESPONDENCE AND ANNOUNCEMENTS Mr. Gilbert gave an update on City Council actions, including: • Direction on the corrugated metal siding discussion • 700 London Bridge Rd PD Approved • 6590 Hwy 95 PD Amendment Approved • Sale of Kiowa Ponds awarded by City Council • Text Amendment for Subdivision Plats approved Mr. Gilbert stated the Chanute Cell Tower CUP application was withdrawn by the applicant and will not be on the agenda for discussion. 5. MINUTES ID 24-4174 Approval of the Minutes of the February 7, 2024, Planning & Zoning Commission Regular Meeting (Shelby Hennigan) Vice Chair Medley moved to approve of the Minutes of the February 7, 2024, Planning & Zoning Commission Regular Meeting, seconded by Commissioner Lake Havasu City Page 1 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Wilson. The motion passed with the following vote: Aye: 7 - Dzuro, Lehr, Wilson, Stevenson, Harris, Medley and Diaz 6. PUBLIC HEARING Chairman Diaz provided an overview of the Public Hearing process. ID 24-4161 Adopt Resolution No. 24-02 Approving a Conditional Use Permit to Allow Placement of a 100-foot Monopole Telecommunications Structure and Related 40-foot by 40-foot Screened Ground Equipment Enclosure on City-Owned Property Located at 1867 Walnut Drive, Tract 2302, Parcel A, in a Single Family Residential (R-1) District (Chris Gilbert) Mr. Gilbert provided an overview of the proposed site [Displayed Power Point], noting 1867 Walnut Drive is located on the site of the City’s Mulberry Wastewater Treatment Facility. The property is 11.37-acres and zoned Residential Single Family (R-1) District, which is why a Conditional Use Permit (CUP) is being requested. This parcel is larger than many of the school-owned parcels that host cell towers in R-1 Districts. He displayed the Coverage Maps. The applicant will go into detail about coverage, but the maps shows there are significant areas of medium- and poor-quality signals. Mr. Gilbert stated the site will consist of a 40-foot by 40-foot ground level pad with an 8-foot decorative CMU wall that will contain ground mounted equipment. The Code requires a landscape buffer of at least 5-feet. A number of options were considered for screening of the tower, including a fake palm tree design, but because the tower will have four co-locates it would be difficult to make the tower look realistic. Standard antennae screening is the best option. The bottom co-locate will be used for City emergency services. Mr. Gilbert provided a brief overview of cell tower history, explaining they have become a significant utility. He compared cell towers to electric substations that must be built as communities grow to provide reliable service. The City needs for reliable cell service not just for residents, but for businesses and visitors. He highlighted point (E)b from the Staff Analysis in the Staff Report: The General Plan under Chapter 9, Guiding Principles for A Functional and Efficient System of Public Facilities and Community Services, Goal PF.1.3 states “Work with non-municipal service providers to improve and expand service levels.” He explained the City’s General Plan encourages the City to work with utility providers, which includes cellular carriers, to expand services for the benefit of the community. Lake Havasu City Page 2 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Regarding the placement of cell towers in R-1 Districts, Mr. Gilbert explained the Development Code and General Plan have provisions to allow cell towers in residential districts with a CUP for a reason. First, many of the large tracts where cell towers can be located are in R-1 Zones. Secondly, most of the City is zoned R-1. To have cell towers where they are needed, they must be in R-1 Zones. He provided several examples of existing towers in R-1 Districts: • Lake Havasu High School • Jamaica Elementary School • Oro Grande Elementary School • City owned parcel on Cisco He explained that while these are all large properties, they are smaller than the property under consideration. Regarding view angles, the tower will be east of the properties that sit below grade from the tower location, so it will not obstruct their view of the lake. This property has a significant change in elevation as it progresses east, so the properties east of the proposed tower will sit at a higher elevation. While it may be in their view angle, the tower will not completely obstruct their view. Mr. Gilbert concluded his report, adding the applicant is present. Chairman Diaz went out to the site and noted a gravel driveway and several existing flat areas. He asked for the location in relation to the existing site improvements. Mr. Gilbert showed the location on the Area Map, explaining it is on the east end of the scrub. One of Engineering’s requirements is for the area to be debrushed and cleaned up. Chairman Diaz asked how far the tower would be from Cypress Park. He has heard from some in the community that it would be too close to the park. Mr. Gilbert advised the distance is approximately ¼ mile. Commissioner Stevenson inquired about the heights of the existing towers. Mr. Gilbert was not sure on the exact height and deferred to the applicant. Linda Grice, with Young Design Corp, reviewed her presentation. She provided statistics about cell phone use, highlighting the following: • 61% of adults in the United States have a cell phone, but no landline. • Approximately 240,000,000 emergency calls are made every year, which means appoximately 2 out of 3 people make an emergency call annually. • Over 80% of emergency calls are made with a cell phone. Topics covered in Ms. Grice’s presentation included: • An explanation of how cellphones and radio frequencies work, including a list of Lake Havasu City Page 3 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 other at-home devices that operate on similar radio frequencies. • A review of cellular networks and the “Gs,” for example 4G & 5G service. • An explanation of coverage and how it is impacted by height, topography, and other factors. • The difference between macro sites, small cells, and strand mount facilities. Ms. Grice stated the towers are examples of macro site facilities. They will offer coverage to a much larger area. Small cell or strand mounts would require many more antenna sites and there areas in the City lacking infrastructure to support them. Poles and utility lines would need to be erected, which is logistically impractical and expensive. Ms. Grice expanded on two main factors in Lake Havasu that make it challenging to provide coverage. First, is the topography, with severe slopes and elevation changes. The key to overcoming topography is to increase tower height. The second challenge is that many of the City’s commercial lots are narrow and deep, resulting in few viable commercial options. The solution is to look for larger lots, such as parks, government owned parcels, golf courses, churches, schools, or big box stores. The City’s layout is very restrictive, meaning most potential locations are in or near residential areas. She emphasized that the tradeoff for smaller towers is more towers. Commissioner Wilson asked if the towers are driven by complaints received by carriers, or by the City’s growth. Ms. Grice explained the carriers don’t provide specifics of complaints, but through data they are able to identify areas experiencing high volumes of dropped calls and poor-quality service. Tyler Ross, engineer with Tower Com, provided a presentation addressing the necessity of this tower location. Topics discussed included: • Tower coverage and capacity. • Objectives and details of the proposed site. • Locations and coverage of existing cell tower sites. • Data maps showing existing coverage and areas of dropped calls and poor coverage. • The difference between ionizing and non-ionizing energy. Cell towers are a non-ionizing energy. Examples of ionizing energy are x-rays and gamma rays. • Recognized General Public & Occupational Limits for power. The proposed tower falls well under the exposure limits for both. • Coverage and service of two other carriers who may lease tower space. Commissioner Stevenson stated the primary concern is the height, noting the proposed site is on the lowest side of the property. He asked if the height could be reduced if it was moved further east to a higher elevation. Lake Havasu City Page 4 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Ms. Grice explained that a cell tower cannot impede existing uses. They worked with City Staff to identify a location that wouldn't impact current or future needs for the Wastewater Treatment Facility. Moving the tower further east on the lot was not an option due to the City’s plans for the site. Commissioner Diaz opened the Public Hearing. Dean Baker, resident, acknowledged cell service is important, but expressed concerns about the location, impact on neighboring properties, and the placement of a cell tower in an R-1 District. He is a Verizon customer and does not have issues service issues. He proposed looking at commercial locations or Contact Point as alternatives. Steve Zabo, resident questioned the location of the tower. He expressed concerns about the impact the tower will have on property values and potential health effects. Robert Gene, resident, expressed concerns about the potential health and safety impacts. He objects to the tower being built in a residential neighborhood. James Henderson, resident, questioned the height of the towers in comparison to what he sees in other cities. He encouraged the Commission to explore other options to determine if there is a better solution. Don Doster, resident, asked who will be responsible for maintaining the towers or removing them when they are no longer needed. He asked about the funding involved with this type of project and expressed concern about property devaluation. Scott Dewitz, resident, questioned the FCC Guidelines of 1996 cited by the applicant. He wanted to note on record they have been questioned in court and there is more study to be done on the health effects. Dylan Teschler, resident, objects to the tower because of impact it will have on the neighborhood character and views. Several of his neighbors were unable to attend the meeting, but they also object. Mike Dagon, resident, is here on behalf a of client who recently purchased a 3.5-acre parcel in the vicinity and objects to the tower as it will impact the view of the mountains to the east. Mr. Dagon expressed concerns over the tower height, suggesting that 50 or 60-foot towers may be more acceptable in neighborhoods. Finally, he inquired about the lease terms, noting commercial leases are very high and its important to know the terms of the agreement to ensure it is fair. Lake Havasu City Page 5 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Mr. Dagon submitted a neighborhood petition to Recording Secretary Shelby Hennigan. In regards to concerns about health and safety, Mr. Ross responded that there are a number of nationally and internationally recognized organizations that research and provide data on the safety of cell towers. He reviewed a list of organizations, adding their proposal falls under the safety guidelines for all of them. In response to questions about the cost and financial impacts of the project, Ms. Grice explained that carriers invest a significant amount of money planning and designing cell towers and would not make that investment in an area with good service. Through the data collected, they can identify areas with poor service and that is why they are willing to invest the money to improve their infrastructure. Ms. Grice acknowledged the views in Lake Havasu City are beautiful, but in rights to a view must sometimes be tempered by public uses and the rights of other property owners. She recognized concerns about the tower height and location, but explained that due to the existing Water Treatment Facility, relocating the tower to another portion of the lot is not an option. They are trying to maximize the use of the towers by offering space for multiple carriers to avoid installing more towers than are necessary. Chairman Diaz asked City Attorney Kelly Garry if there was anything the Commission needed to be aware of with the submission of the petition. Ms. Garry responded that the petition for their consideration and does not trigger any rules or protocol. Chairman Diaz noted this hearing is for a Conditional Use Permit and the Commission will make the final decision. This request will not proceed to City Council for approval. Chairman Diaz closed the Public Hearing. Commissioner Dzuro stated that she has heard emergency services are experiencing dead spots and issues with GPS and data in some parts of the City, which can be dangerous for first responders. She asked if this tower would improve their service. Development Services Director Jeff Thuneman stated Public Safety leadership expressed support for the towers to improve their communications network. He is not sure on the details of how each proposed tower will effect their coverage, but the towers will definitely help to address some of the issues they are experiencing. As part of the agreement, the City has an option to utilize the bottom co-locate for emergency services. Commissioner Harris asked if a more central location on the site was considered, as it may Lake Havasu City Page 6 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 be less obtrusive for the neighboring properties. Mr. Thuneman explained the applicant proposed 3-4 locations. The locations went through an extensive review by City Staff, who looked at a number of things including the location of existing water treatment infrastructure and future expansion plans. Mr. Gilbert explained this location has a number of buried underground lines transporting waste and effluent, which greatly impacted the available sites. He also touched on fall zones requirements, which can minimize the commercial options for towers because it eliminates many small- to mid-size lots. Mr. Gilbert stated that based on the findings, the Development Review Committee recommends Planning Commission approval of Land Use Action 24-4161, for approval of a Conditional Use Permit to allow placement of a 100-foot Monopole Telecommunications Structure and related 40-foot by 40-foot Screened Ground Equipment Enclosure on City-owned property located at 1867 Walnut Drive, Tract 2302, Parcel A, in a Single Family Residential (R-1) District with the following conditions: 1. The final plans submitted for Design Review shall substantially match the Site Plan submitted with this application. 2. All City Divisions and Utility Company Comments listed in this staff report are to be addressed by the applicant. 3. All development standards listed under Development Code Section 14.03.03.B.9.c regarding Telecommunications Facilities are required to be addressed with the Design Review Submittal documents. 4. Should all providers on the tower cease operation for a period of 90 days or more, the tower shall be removed, per Development Code Section 14.03.03.B.9.d, within 120 days thereafter. 5. The applicant shall enter into a lease agreement with the City for the requested tower site that shall be approved by the City Council prior to any work commencing on the property. Commissioner Harris requested the conditions be displayed on the screen so the public can view them. Mr. Gilbert obliged and reviewed the conditions. Chairman Diaz asked the applicant if they understand and accept the City’s conditions. Ms. Grice responded affirmatively. Commissioner Dzuro acknowledged that this is a difficult discussion, particularly given the public safety aspect. Listening to the residents living in the vicinity, it doesn’t seem they are experiencing service issues and the maps show that most areas have at least medium coverage. She was glad to see the third proposal was withdrawn, because she had concerns about accessibility for repair trucks through residential areas. This location has Lake Havasu City Page 7 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 an access road already built to service the existing Water Treatment Facility. In response to Mr. Doster’s question about tower maintenance and removal, she was glad to see Condition 4, which requires the tower to be removed at the applicant’s expense if use ceases. Commissioner Harris explained that when the topic of expanding utility infrastructure comes up, there is always concern about locations, regardless of the community. He participated on the Commission when the topic of cell towers came up over twenty years ago and there was a lot of push back. Over the years it has become clear that they are a necessity to the community and the applicant has demonstrated a need for improved infrastructure. He acknowledged that there will be locations that some residents find unacceptable, but the City was designed with public parcels scattered throughout the community called “drill sites” because they were intended to be used for water wells. Over the years they have been developed with storge tanks, cell towers, and other City infrastructure. He recalls the original towers being 80-feet to 90-feet tall, so the height requested is not too obtrusive in comparison. Commissioner Harris acknowledged that it is a difficult decision and while he would have opted to have the tower placed more centrally on the lot, that isn't an option. The towers are a necessity for the community, especially when it comes to public safety. Commissioner Harris moved to approve Land Use Action 24-4161 with Staff's Recommendations. The motion was seconded by Commissioner Wilson. The motion carried by the following vote: Aye: 4 - Lehr, Wilson, Harris and Medley Nay: 3 - Dzuro, Stevenson and Diaz ID 24-4162 Adopt Planning and Zoning Commission Resolution No. 24-03, Approving Issuance of a Conditional Use Permit to allow Placement of an 85-foot Monopole Telecommunications Structure and Related 40-foot by 40-foot Screened Ground Equipment Enclosure on the City Hall property located at 2330 McCulloch Blvd. N, Tract 2293, Block 3, Lots 19 through 21, in a Mixed-Use Neighborhood/Planned Development (MU-N/PD) District (Chris Gilbert) Mr. Gilbert explained this proposed tower was referenced in the applicants’ previous presentation as part of the solution to address cell service in the City, so much for what they discussed will apply to this item. Lake Havasu City Page 8 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 He reviewed the Staff Report, highlighting the following [Displayed Power Point]: • Proposed location is 2330 McCulloch Blvd. N, right behind City Hall. • The property is zoned Mixed-Use Neighborhood/Planned Development (MU-N/PD) District and is 15.52-acres • Due to the way the Civic Center was developed, the portion of Spezzano Way between City Hall and the Police Station is private, so there is no property line. • He reviewed the site details, noting the proposed tower is 85-feet tall. • The General Plan supports the City working with non-municipal utility providers to expand service. Chairman Diaz invited the applicant to speak. Ms. Grimes explained a lot of planning goes into choosing the location of a cell tower. Factors like distance from other network facilities, proximity to buildings, and terrain are important. Moving a tower as a little as a couple hundred feet can result in signals that aren’t effective, so location is important. Properly placed towers can limit the number of cell towers needed. Mr. Ross reviewed his presentation. Highlights included: • An overview of the location in relation to other cell towers. • Data maps showing existing coverage and areas of dropped calls and poor coverage for this specific location. • Coverage and service for two other carriers who may lease tower space. Addressing comments from the public about safety, Mr. Ross explained that even if future tenants lease space on the tower, the potential power exposure will still be well under the FCC safety guidelines. Adding antennas does not change the guidelines they must follow. He stated that while some residents claim to have great service, the cell mapping data does not support that being the experience for the majority of users in the City. Chairman Diaz opened the Public Hearing. Matthew Mitchell, Commission Alternate, asked if this tower will also be able to serve multiple carriers. The applicant responded affirmatively. Seeing no further comments, Chairman Diaz closed the Public Hearing. Mr. Gilbert stated that based on the findings, the Development Review Committee recommends Planning Commission approval of Land Use Action 24-4162 and adoption of Planning Resolution No. 24-03, approving and issuing a Conditional Use Permit for an 85-foot Monopole Telecommunications Structure and related 40-foot by 40-foot Screened Lake Havasu City Page 9 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Ground Equipment Enclosure on the City Hall property located at 2330 McCulloch Blvd. N, Tract 2293, Block 3, Lots 19 through 21, in a Mixed-Use Neighborhood/Planned Development (MU-N/PD) District, with the following conditions: 1. The final plans submitted for Design Review shall substantially match the Site Plan submitted with this application. 2. All City Divisions and Utility Company Comments listed in this staff report are to be addressed by the applicant. 3. All development standards listed under Development Code Section 14.03.03.B.9.c regarding Telecommunications Facilities are required to be addressed with the Design Review Submittal documents. 4. Should all providers on the tower cease operation for a period of 90 days or more, the tower shall be removed, per Development Code Section 14.03.03.B.9.d, within 120 days thereafter. 5. The applicant shall enter into a lease agreement with the City for the requested tower site that shall be approved by the City Council prior to any work commencing on the property. Chairman Diaz asked if the applicants understand the conditions. They responded affirmatively. Commissioner Dzuro thinks this a perfect location, noting it is easily accessible and will not have a major impact on views. It will also help to improve coverage for emergency services, which is really important. Commissioner Dzuro moved to approve Land Use Action 24-4162 and adopt Planning & Zoning Resolution No. 24-03, approving issuance of a Conditional Use Permit for an 85-foot Monopole Telecommunications Structure and related 40-foot by 40-foot Screened Ground Equipment Enclosure on the City Hall property located at 2330 McCulloch Blvd N. with Staff Recommendations 1 through 5. The motion was seconded by Vice Chair Medley. The motion carried by the following vote: Aye: 7 - Dzuro, Lehr, Wilson, Stevenson, Harris, Medley and Diaz ID 24-4152 Request for Approval of Resolution 24-04, Amending the Parking-In-Common Masterplan for 3367, 3373, 3377 & 3381 Maricopa Avenue, Tract 2217, Block 18, Lots 29,30, 31 & 32, Removing the Property from the Masterplan (Trevor Kearns) Mr. Kearns provided an overview of his presentation [Displayed Power Point], including the following key points: • The subject property is located on Maricopa Avenue between Lobo Drive and Lake Havasu City Page 10 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Pecos Drive. An alley abuts the rear of the property. 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. The properties to the north are zoned R-SGD (Residential Southgate District) and are vacant. • The original Parking-In-Common (PIC) Masterplan for Block 18 includes Lots 27 through 36. The lots are 250 feet deep. The PIC Masterplan calls for a 10-foot landscape buffer along Maricopa Avenue, a 120-foot front parking setback, and a 20-foot rear parking setback, resulting in a buildable depth of 100-feet. • Other properties within this block have already been removed from the PIC Masterplan, with lots 27 & 28 removed to allow sales displays in the PIC area. • The applicant’s Letter of Intent requests to amend the PIC Masterplan by removing the subject lots from the plan to allow outdoor vehicle displays. • If removed from the PIC Masterplan, all required parking for any proposed uses of the properties shall be provided on the subject lots. Use of the PIC area on other lots is not allowed. Any new structures will be limited to the 100-foot buildable area. • A PIC Amendment application requires initial agreement from a minimum of 75% of the owners of properties within the block. The applicant submitted approvals from five of the six (83%) property owners. • Staff received no objections to the request. Commissioner Harris asked if the applicant intends to delineate between his properties and the lots still participating in the PIC, The applicant, Johnnie Mathiasen, explained he will use a fence and landscaping to separate the parking areas. Chairman Diaz opened the Public Hearing. Seeing no comments, he closed the Public Hearing. Mr. Kearns stated that based on the findings, the Development Review Committee recommends approval of Land Use Action No. 24-4152, an amendment to the Parking-In-Common Masterplan for 3367,3373,3377 & 3381 Maricopa Avenue, Tract 2217, Block 18, Lot 29, 30, 31 & 32, removing the properties from the masterplan, with the following conditions: 1. The development shall substantially match the Site Plan submitted with this application. 2. Design Review to ensure compliance with all applicable City codes, including driveway locations and parking, is required prior to development of the properties. 3. Combine the properties into a single parcel. Lake Havasu City Page 11 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Chairman Diaz asked the applicant if he understood the conditions. The applicant responded affirmatively. Commissioner Wilson moved to approve Land Use Action 24-4152 with Staff's Recommendations. The motion was seconded by Commissioner Harris. The motion carried by the following vote: Aye: 7 - Dzuro, Lehr, Wilson, Stevenson, Harris, Medley and Diaz ID 24-4167 A Request to Amend the General Development Plan for Planned Development No. 00-07, Heat Hotel, 1420 McCulloch Blvd. N (Bridgewater Channel) in a Mixed Use-Neighborhood / Planned Development (MU-N/PD) District, to Permit the Conversion of the Outdoor Bar and Patio and the Under-Bridge Retail Suites into Eight New Guest Rooms. (Chris Gilbert) Mr. Gilbert reviewed the Staff Report [Displayed Power Point], highlighting the following: • In 2003, 2007, & 2018 the applicant amended their original General Development Plan to allow conversion of commercial spaces into more hotel suites. This request would convert the remaining commercial space. • The conversion will happen in phases, with the under bridge space renovated first and the roof top patio renovation later. • The complex is approximately 2-acres in size and zoned Mixed Use - Neighborhood / PD (MU-N/PD) District. It has 368-ft of Channel frontage. • There are privately owned condos to the south, but the surrounding area is developed with restaurants, shopping, parks, and public Channel access, so it is a highly commercialized area. • The request would increase the total number of hotel units from 29 to 37, which appears to be the max build out number. Mr. Gilbert explained the surrounding commercialized areas are a driving factor of this request. With so many other commercial spaces, the areas remaining at the Heat aren’t viable retail space. He referenced General Plan GM.1.1.d - Infill and Redevelopment, which “supports infill development and the assemblage of small lots, redevelopment of underutilized properties or obsolete uses, the adaptive reuse of vacant structures for new uses.” There is General Plan support for this proposal to allow the applicant to develop the property in a way that has proven successful. Mr. Gilbert reviewed the Proposed Planned Development Plan and parking calculations. He explained commercial uses have a higher parking demand than hotel occupancies. The proposed plan provides slightly more than the required parking for the proposed uses. The applicant is present. Lake Havasu City Page 12 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Mr. Ivan Betancourt, Selberg Associates, represents the Heat Hotel. He confirmed the applicant is looking to replace underutilized and vacant spaces with spaces that can be used year around. He noted the structure under the bridge, which will become two rooms, is existing and will be remodeled. The patio conversion will require more construction to enclose the space. Chairman Diaz noted adjacent Javelina Cantina’s under building parking and wanted to clarify that no changes are needed to accommodate the required parking for both businesses. Mr. Gilbert confirmed that is correct; parking requirements for both business are met under the proposed plan. Commissioner Stevenson asked for clarification on where the additional 6 suites would be. Mr Betancourt explained there are hotel suites at the channel level that were converted from commercial several years ago. The new suites would be above those. The patio area is currently open, except for a utility type structure and shade canopies, which will be demolished. Chairman Diaz opened the Public Hearing. Mike Defrees, a resident of one of the adjacent condos in the Southgate Condominium Association, explained he attended the Community Meeting and expressed concerns at that time. The Association’s bylaws require any change in development to be approved by the Association, noting he had to go through the process for improvements he did. He stated the applicant did not call for a meeting before the Association prior to submitting. While they want the Heat Hotel be successful, the Association is asking for the opportunity to discuss parking, structural, and other common area concerns. He requested this item be continued until the Association has a chance to review the plan and discuss it with the applicant. Mr. Betancourt acknowledged concerns about parking were expressed, but they understand the condos have their own parking area, so they don't anticipate parking issues. Regarding structural concerns, a structural engineer will be consulted to ensure the footings can support the addition. They have copies of the original construction plans, so they have a substantial amount of information to review to make that determination. He understands the Association concerns to be more of a real estate matter, rather than a Planning and Zoning Commission matter, but will work with the applicant to provide information necessary to address their concerns. Seeing no additional comments, Chairman Diaz closed the Public Hearing. Lake Havasu City Page 13 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 Mr. Gilbert noted the City does not enforce private deed restrictions, so that is a matter that will need to be discussed between the applicant and the Association. This item is scheduled to be presented to the City Council next month, so they will have some time to meet before the final approval. Mr. Gilbert stated that based on the findings, the Development Review Committee recommends the Planning Commission recommend approval of Item No. 24-4167, amending the General Development Plan for Planned Development No. 00-07, Heat Hotel, 1420 McCulloch Blvd. N, to permit the conversion of the outdoor bar and patio and the under-bridge retail suites to be converted into eight new guest rooms, with the following conditions: 1. Applicant shall complete a sewer lift station capacity study for the current facility. The cost of any improvements to the sewer lift station identified by the study and the study are to be borne by the Applicant. 2. All roof runoff from the new development including the upstairs bar deck and surface runoff cannot directly connect to the Bridgwater Channel. 3. 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 company or City Public Works Department engineering requirements shall not be considered as substantial changes. Chairman Diaz asked the applicant if they understand Staff’s recommendations. The applicant responded affirmatively. Commissioner Harris asked Ms. Garry if the Association concerns are a civil matter and not pertinent to the Commission’s decision today. Ms. Garry responded affirmatively. Mr. Thuneman clarified that the changes Mr. Defrees brought up, like the dock, directly affected the common areas and required a plat amendment, which is why the HOA was involved. The suite addition does not occur in the common areas, so a plat change is not required. Commissioner Harris moved to approve Land Use Action 24-4167 with Staff's Recommendations. The motion was seconded by Commissioner Wilson. The motion carried by the following vote: Aye: 7 - Dzuro, Lehr, Wilson, Stevenson, Harris, Medley and Diaz 7. CALL TO PUBLIC Chairman Diaz gave an overview of Call to Public and opened Call to Public. Seeing no comments, he closed Call to Public. 8. FUTURE MEETING Lake Havasu City Page 14 Printed on 3/20/2024 Planning and Zoning Commission Minutes - Final March 6, 2024 The next regularly schedule meeting of the Planning & Zoning Commission will be Wednesday, March 20, 2024. 9. ADJOURNMENT Chairman Diaz adjourned the meeting at 11:08 a.m. _________________________________________ David Diaz, Chairman _________________________________________ Shelby Hennigan, Recording Secretary Lake Havasu City Page 15 Printed on 3/20/2024