Planning and Zoning Commission

David Diaz, Chair Lake Havasu City Gabriele Medley, Vice Chair Municipal Courthouse Suzannah Ballard Council Chambers Joan Dzuro 92 Acoma Boulevard Jim Harris Lake Havasu City, Arizona Paul Lehr 86403 Tiffany Wilson www.lhcaz.gov Matthew Mitchell, Alternate Lonnie Stevenson, Alternate JP Thornton, Alternate Planning and Zoning Commission Regular Meeting Minutes - Final Wednesday, June 5, 2024 9:00 AM 1. CALL TO ORDER Chair Diaz called the meeting to order at 9:00 a.m. 2. PLEDGE OF ALLEGIANCE Chair Diaz led the Pledge of Allegiance. 3. ROLL CALL Present: 9- Matthew Mitchell, Suzannah Ballard, Joan Dzuro, Paul Lehr, Tiffany Wilson, Lonnie Stevenson, JP Thornton, Gabriele Medley and David Diaz Absent: 1- Jim Harris Chair Diaz invited Commissioner Stevenson to take the vacant seat at the dais. 4. CORRESPONDENCE AND ANNOUNCEMENTS Planning Division Manager Chris Gilbert stated the items the Commission recommended for approval at the last meeting will be presented to City Council on June 11, 2024. Staff will be scheduling the annual election of officers and is looking at the August 21, 2024, Regular Meeting. Please let Staff know if you will be unavailable on that date. 5. MINUTES ID 24-4310 Approval of the Minutes of the May 15, 2024, Planning & Zoning Commission Regular Meeting (Shelby Hennigan) Commissioner Wilson moved to approve the Minutes of the May 15, 2024, Planning & Zoning Commission Regular Meeting, seconded by Vice Chair Medley. The motion passed with the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Stevenson, Medley and Diaz 6. PUBLIC HEARING Lake Havasu City Page 1 Printed on 6/19/2024 Planning and Zoning Commission Minutes - Final June 5, 2024 Chair Diaz provided an overview of the Public Hearing process. ID 24-4287 A Request for a Minor General Plan Amendment Revising the Future Land Use Map Designations for 70, 80, 90 and 100 Inlet Drive, Tract 2293 Amended, Block 5, Lots 1 through 4, Approximately 2.5 Acres, from Low Density Residential to High Density Residential (Chris Gilbert) Mr. Gilbert explained this is the land use component for the first two items on the agenda. He reviewed the Staff Report [displayed PowerPoint] noting the following: • The subject properties consist of four parcels, comprising approximately 2.5 acres. • The applicant intends to construct 50 dwelling units in 22 buildings. • The underlying land use category is Low Density Residential, which is consistent with the zoning to the east, but not consistent with the zoning of the property or the zoning and land use of the properties to the north and west. • The applicant is requesting a land use category of High Density Residential which is consistent with the properties' Limited Multiple-Family (R-3) Zoning. • Approving this amendment will clean up the discrepancy between the Land Use Map and the zoning, which occurred when the General Plan was adopted in 2016. • The existing R-3 Zoning was in place at least 10 years prior to 2016. Mr. Gilbert explained Staff will address discrepancies in Land Use Maps throughout the City during the 2026 General Plan update process. In the meantime, they must be addressed on a case-by-case basis. The applicant is requesting a Planned Development/Rezone to allow a higher density, but the land use must also be updated to be consistent with the zoning. Commissioner Dzuro confirmed the intent is to ensure the land use matches the zoning, which was overlooked during the 2016 General Plan process. Mr. Gilbert responded affirmatively, noting zoning maps from the early 2000's show these properties zoned R-3. Much of the surrounding area had already been developed as multiple-family, so it isn’t reasonable to expect the area to redevelop as single-family. Applicant, Paul Targosz, agreed with Staff's findings and is available to answer questions. There were no questions for the applicant. Chair Diaz opened the Public Hearing. Seeing no comments, he closed the Public Hearing. Mr. Gilbert 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. 24-4287, a Minor General Plan Amendment revising the Future Land Use Map Designations for 70, 80, 90 and 100 Inlet Drive, Tract 2293 Lake Havasu City Page 2 Printed on 6/19/2024 Planning and Zoning Commission Minutes - Final June 5, 2024 Amended, Block 5, Lots 1 through 4, approximately 2.5 acres, from Low Density Residential to High Density Residential. Commissioner Ballard moved to recommend that the City Council approve Land Use Action No. 24-4287, a Minor General Plan Amendment revising the Future Land Use Map Designations for 70, 80, 90 and 100 Inlet Drive, Tract 2293 Amended, Block 5, Lots 1 through 4, approximately 2.5 acres, from Low Density Residential to High Density Residential. The motion was seconded by Commissioner Dzuro and passed with the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Stevenson, Medley and Diaz ID 24-4288 A Request to Approve a General Development Plan and Planned Development Rezone for 70, 80, 90, and 100 Inlet Drive, Tract 2293 Amended, Block 5, Lots 1 through 4, Containing Approximately 2.5 Acres, from Limited Multiple-Family (R-3) District to Limited Multiple-Family/Planned Development (R-3/PD) District, To Allow 50 Dwelling Units in 22 Buildings Across the Four Lots (Chris Gilbert) Mr. Gilbert explained this is the rezoning component related to the previous item. He reviewed the Staff Report, [displayed PowerPoint] highlighting the following: • The land use category is Low Density Residential, which is not consistent with the existing R-3 zoning. With Council approval of the previous item, the land use will be updated to High Density Residential. • The properties’ zoning is R-3. The properties to the north and south are also in the R-3 Zoning District. The parcels to the west are part of the City Complex and contain a fire and police stations. Properties to the east are Residential Single-Family (R-1) Zoning District. • The applicant is requesting to add a Planned Development overlay to the existing R-3 Zoning District to allow a density of 20 units per acre. • The current zoning allows a density of 10 units per acre. Mr. Gilbert stated the applicant is proposing 50 units in 22 single-story buildings. The proposal meets all current parking requirements. During Design Review, Staff will review the project for compliance with all Development Code requirements, including landscaping, buffering, parking, and dumpster enclosures. He noted buffering for the adjacent single-family homes was a concern brought up at the Neighborhood Meeting. Mr. Gilbert explained the Public Works Division has been gathering traffic data for Acoma Blvd S, unrelated to this project. Preliminary results show that while a traffic signal does not appear warranted, some form of traffic calming measures are. The nature of these Lake Havasu City Page 3 Printed on 6/19/2024 Planning and Zoning Commission Minutes - Final June 5, 2024 measures has not been determined, but they will be needed regardless of whether this project is built. Recommendations specific to this project from the traffic study may be a condition of approval at the City Council Hearing. Examples of traffic calming measures are stop signs, speed modifications, or street narrowing. Chair Diaz asked if the traffic calming measures will focus primarily on Acoma Blvd S, and not McCulloch Blvd N. Mr. Gilbert explained the City initiated traffic review, which is focused on Acoma Blvd S, began prior to the City receiving this request. Chair Diaz asked if recommendations for traffic mitigations come from within the City, or if input is received from outside sources. Mr. Gilbert explained the applicant will need to submit a traffic study completed by an outside agency. The City’s Engineering Division will review the study and determine what improvements to accept, as some recommendations may not be feasible to implement. Commissioner Wilson inquired about the requested density. Mr. Gilbert explained the current zoning allows 10 units per acre and the request is for 20 units per acre, which does not exceed the maximum density allowed in other high density residential zoning districts. Commissioner Stevenson confirmed the Commission is not making specific traffic related recommendations and asked if traffic on Acoma Blvd S will be looked at by the City regardless of approval of this project. Mr. Gilbert responded affirmatively. Commissioner Stevenson asked if the buffer between the residential lots will include landscaping. Mr. Gilbert confirmed a wall and landscape screen will be incorporated into the required buffer area. Commissioner Stevenson calculated 97 proposed parking spaces, which seems to be more than what is required. Mr. Gilbert confirmed the proposal meets the parking standards. Commissioner Ballard inquired about the approximate square footage of the units. Mr. Gilbert advised Staff did not have exact details, but understand these units to be similar to those currently being built on Swanson Ave. Paul Targosz, applicant, thanked Staff and is happy to answer any questions. Chair Diaz how many attendees were at the Neighborhood Meeting and what kind of feedback was received. Mr. Gilbert stated Staff attended as observers. Desert Land Group represented the applicant. There were approximately 10 attendees and discussion included a buffer wall, traffic on Acoma Blvd S, drainage, and density. Lake Havasu City Page 4 Printed on 6/19/2024 Planning and Zoning Commission Minutes - Final June 5, 2024 Chair Diaz asked if Arizona Department of Environmental Quality will be involved in the review process. Mr. Gilbert explained Public Works will make that determination, as their involvement depends on the size of the project. Chair Diaz asked for the rationale of doubling the density. Mr. Targosz responded that the margins of the development can support the increased density and number of units. Chair Diaz noted density of 20 units per acre is allowed in some of the other high density residential zones. Mr. Gilbert confirmed the Multiple-Family (R-M) Zoning District allows a density of 20 units per acre. Commissioner Dzuro stated she supports affordable housing for young professionals and families, and asked if there are plans to have yards, patios, or outdoor space. Mr. Targosz explained this will be similar to the projects on Swanson Ave, which have patios. Units facing the parking lot will have privacy fencing for the patio and units facing the buffer area will have the screen wall and landscaping for privacy. Chair Diaz opened the Public Hearing. Seeing no comments, he closed the Public Hearing. Mr. Gilbert 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. 24-4288, of a General Development Plan and a Planned Development Rezone for 70, 80, 90, and 100 Inlet Drive, Tract 2293 Amended, Block 5, Lots 1 through 4, containing approximately 2.5 Acres, from Limited Multiple-Family (R-3) District to Limited Multiple-Family/Planned Development (R-3/PD) District, to allow 50 dwelling units in 22 buildings across the four lots, with the following conditions: 1. The Minor General Plan Amendment recommended for approval by the Planning Commission as Land Use Action 24-4287 is approved by the City Council; 2. The development of the property shall substantially match the General Development Plan provided with this application; 3. Submit the completed traffic study prior to City Council review of this application. 4. All comments received from reviewing agencies to be addressed during Design Review, including all recommended traffic flow improvements required by Public Works and any off-site improvements related to the project. 5. Combine Lots 1 through 4 into one parcel through the City process for lot combinations prior to applying for any building permits, and 6. Building Permits and Design Review for compliance with City Codes are required prior to development of the property. Lake Havasu City Page 5 Printed on 6/19/2024 Planning and Zoning Commission Minutes - Final June 5, 2024 Chair Diaz requested transparency about the traffic study so the community has the opportunity absorb and understand it. The primary feedback he’s received from the public involves traffic concerns. Commissioner Dzuro made a motion, seconded by Commissioner Ballard, to recommend the item for approval with Staff's recommended conditions. The motion was placed on hold for further discussion. Mr. Targosz explained he was asked to do a traffic study looking at both Acoma Blvd S and McCulloch Blvd N. The cost of the study is twice of that of his other projects. He asked what types of mitigation requirements might come out of the study, as a traffic light or road narrowing would be prohibitively expensive. He's talked with Staff about ways to address drainage concerns, but depending on the requirements, drainage mitigations may be cost prohibitive. He is trying to better understand what the requirements might be. City Attorney Kelly Garry explained the Commission is making a recommendation on the land use action only. The City doesn't yet know what the mitigation recommendations may be until the studies are complete, so the Commission can't make any promises in terms of what might be required. They can make a recommendation to City Council to approve the land use request to keep the project moving forward, but the specific details will come later in the review process. Staff will work with him to ensure he understands the mitigation requirements. Mr. Targosz stated he understood the conditions of the approval. Mr. Gilbert reiterated preliminary traffic numbers do not appear to warrant a traffic signal, but it has yet to be determined what traffic calming measures are warranted. With no further discussion, the Commission resumed the motion. Commissioner Dzuro moved to recommend approval of Land Use Action No. 24-4261, of a General Development Plan and Planned Development Rezone for 70, 80, 90, and 100 Inlet Drive, Tract 2293 Amended, Block 5, Lots 1 through 4, containing approximately 2.5 Acres, from Limited Multiple-Family (R-3) District to Limited Multiple-Family/Planned Development (R-3/PD) District, to allow 50 dwelling units in 22 buildings across the four lots, with the 6 conditions recommend by Staff. The motion was seconded by Commissioner Ballard. After a hold on the motion for further discussion, the motion resumed and passed with the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Stevenson, Medley and Diaz Lake Havasu City Page 6 Printed on 6/19/2024 Planning and Zoning Commission Minutes - Final June 5, 2024 ID 24-4289 Request to Amend City Code Section 14.02.03, Residential Units, Tables 2-3, 2-4, 2-5, 2-6, 2-7, and 2-8, and Section 14.04.01, Dimensional Standards, Table 4.01-1, To Remove Maximum Lot Coverage Percent Requirements from Residential Districts Mr. Gilbert explained the text amendments are necessary as the City has not historically applied lot coverage percentage requirements to residential developments. Rather, it has used setbacks as the guarantor of sufficient open space on residential lots. Citywide increases in land values, the need for accessory dwelling units for elderly population and workforce housing, and changes in the macroeconomic climate since the pandemic have resulted in both developers and homeowners utilizing their property as much as possible. As Staff examined the current situation citywide, it became apparent that enforcing this standard today would cause numerous existing residential dwellings in all parts of the City to become legal non-conforming, also known as "grandfathered." This can create issues for property owners, particularly when trying to sell. It would also likely prevent many other properties that are not grandfathered from being able to install RV garages and accessory buildings, actions that could push lot coverage over the limit in many cases. These types of residential improvements have been very common in Lake Havasu City and are very desirable to residents, so implementing enforcement measures at this point will not sit well with the community. Mr. Gilbert explained a recently passed House Bill will limit cities' ability to prevent multi-family development on single family zoned lots. This legislation will only affect cities with a population of 75,000 or more. The City is not there yet, but it is another factor to consider for the future when discussing lot coverage. He noted 50% to 60% coverage is very easy to max out when owners start building casitas, garages, sheds, or gazebos. Mr. Gilbert stated setbacks have traditionally been used to manage lot coverage and provided an example of how setbacks would manage lot coverage on a 100-foot by 100-foot residential lot. A Planned Development can be used to allow higher lot coverage by permitting reduced setbacks through the public hearing process. Chair Diaz asked Mr. Gilbert to describe the pending legislation. Mr. Gilbert explained the House Bill was passed with intent to help alleviate the housing issues impacting many cities. It would allow higher density development on single family properties within one mile of a city's central business district and limit cities' ability to use zoning to reduce density in those areas. Chair Diaz asked if that would allow someone to build a 4-unit development on a vacant single-family lot within a mile of downtown. Mr. Gilbert reiterated this doesn't apply to Lake Havasu City Page 7 Printed on 6/19/2024 Planning and Zoning Commission Minutes - Final June 5, 2024 the City yet, but in cities affected by the legislation, they could not limit the density if the project meets the other development standards. Commissioner Ballard ask if setbacks would still apply. Mr. Gilbert responded that the bill has a number of provisions detailing limits that can be placed on these developments. It very recently passed and Staff has not had a chance to research it in depth to determine its full effect. At the current growth rate, it may be 10-20 years until the City reaches a population of 75,000. Commissioner Dzuro noted the City will begin work on the development of an updated General Plan, which may still be in place when the City reaches that population point. She asked if more information could be included during the General Plan development so it can be incorporated. Mr. Gilbert confirmed work will be beginning soon and it is something that can be discussed to ensure information is included in the long term plan. More details about the bill and implementation will also be available at that time. Ms. Garry stated it is important to keep in mind that although this bill will be affecting cities over 75,000, there is a good chance that components could change before it ever impacts our city. The bill has far reaching effects and a lot of other cities will be implementing policies over the next couple years, allowing the legislature and cities to determine what works and what needs to be changed. Chair Diaz agreed it will give the City good data to look at when the time comes for the City to address this issue. Chair Diaz opened the Public Hearing. Seeing no comments, he closed the Public Hearing. Mr. Gilbert displayed the changes to the Development Code [displayed PowerPoint.] Mr. Gilbert 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. 24-4289, amending City Code Section 14.02.03, Tables 2-3 through 2-8, and Section 14.04.01, Table 4.01-1 to remove maximum lot coverage percent requirements from residential districts. Vice Chair Medley moved to recommend approval of Land Use Action No. 24-4289 to the City Council, as submitted by Staff. The motion was seconded by Commissioner Wilson and passed with the following vote: Aye: 7 - Ballard, Dzuro, Lehr, Wilson, Stevenson, Medley and Diaz 7. CALL TO PUBLIC Lake Havasu City Page 8 Printed on 6/19/2024 Planning and Zoning Commission Minutes - Final June 5, 2024 Chair Diaz provided a brief overview of Call to Public and opened Call to Public. Seeing no comments, he closed Call to Public. 8. FUTURE MEETING Next regular meeting of the Planning & Zoning Commission will be Wednesday, June 19th, 2024, at 9:00 a.m. The meeting will be held in the Police Facilities Meeting Room at 2360 McCulloch Blvd N. 9. ADJOURNMENT Chairman Diaz adjourned the meeting at 9:41 a.m. _________________________________________ David Diaz, Chair _________________________________________ Shelby Hennigan, Recording Secretary Lake Havasu City Page 9 Printed on 6/19/2024