COUNCIL COMMUNICATION
TO: Honorable Mayor and Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Adopt Ordinance No. 24-1325 Approving a Planned Development Rezoning of 700 London Bridge Road from Mixed Use, General District (MU-G) to Mixed Use, General/Planned Development District (MU-G/PD), and Approving a General Development Plan (Chris Gilbert)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To approve a developer-filed rezoning and general development plan application requesting a zone change and general development plan approval for a 12.06-acre parcel of land addressed as 700 London Bridge Road, located at the southeast corner of London Bridge Road and Industrial Boulevard, from Mixed Use-General (MU-G) to Mixed Use General/Planned Development (MU-G/PD) and permitting relief from specific Development Code standards required in the MU-G District.
BACKGROUND:
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Application No.: |
23-00200008 |
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Property Legal: |
APN 106-21-021, Metes and Bounds Legal Description Below |
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Property Address: |
700 London Bridge Road |
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Lot Size: |
12.06 Acres |
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Applicant: |
Desert Land Group |
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Owner: |
Gary Wells |
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Staff Project Manager: |
Chris Gilbert |
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Current/Proposed Zoning: |
MU-G (Mixed Use-General) to MU-G/PD (Mixed-Use General with Planned Overlay) |
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Existing/Proposed Use: |
Vacant to Mixed-Use Residential/Commercial/Service |
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Proposed Number of Lots/Units: |
N/A |
This application for a rezoning was filed by the applicant with the intent to add a Planned Development (PD) Overlay to the previously approved rezoning of Mixed Use-General that was approved by Ordinance 21-1253 of the City Council on April 27, 2021 (Legistar 21-2734). The General Plan was also amended to Commercial Mixed Use for the property that underlies this zoning. The presently vacant subject property is located at the southeast corner of London Bridge Road and Industrial Boulevard, directly east of the Lake Havasu State Park boat launch and consists of approximately 12.06 acres of land. The exact legal description attached to the property record per the Mohave County Assessor’s Office is as follows:
T13N R20W SEC 4 A PORTION OF GVT LOT 1 DESCRIBED AS: COMM AT CL INTRSCTN OF INDUSTRIAL BLVD & ALLEY AS SHOWN ON LAKE HAVASU CITY TR 2181 REC 5/6/69 FEE #60265 (ALLEY HAS REFERENCE BRG OF S00 DEG 19' 52"W WITH A DISTOF 891.45 FT TO ANGLE PT OF SAID ALLEY) FM INTRSCTN ALNG CL OF INDUSTRIAL BLVD N89 DEG 54' 13" W DIST OF 15.0 FT TO PT ON THE TR LN AND THE W LN OF THE E2 OF SE4 OF SEC 4 TO TRUE POB; TH CONTINUING ALG CL OF INDUSTRIAL BLVD N89 DEC 54' 13" W DIST OF 650.68 FT TO TANGENT CURVE CONCAVE TO THE SE HAVING RADIUS OF 270.00 FT AND DELTA OF 41DEG 51' 56"; TH SWLY ALNG CURVE DIST OF 197.29 FT; TH S48 DEG 13' 51" W ON RADIAL LINE DIST OF 49.77 FT TO A CURVE CONCAVE TO THE NE HAVING A RADIUS OF 8172.19 FT AND A DELTA OF 1DEG 33' 33", SAID PT BEING INTRSCTN OF INDUSTRIAL BLVD & LONDON BRIDGE RD; TH SELY ALNG SAID CURVE AND CL OF LONDON BRIDGE RD DIST OF 222.38 FT; TH S43 DEG 19' 42" E DIST OF 428.74 FT TO TANGENT CURVE CONCAVE TO THE SW HAVING RADIUS OF 1266.70 FT AND DELTA OF 18 DEG 39' 51"; TH ALNG SAID CURVE DIST OF 412.63 FT; TH S24 DEG 39' 51" E DIST OF 446.21 FT TO INTRSCTN OF LONDON BRIDGE RD AND THE W LN OF E2 OF SE4 OF SEC 4; TH ALNG W LN OF E2 OF SE4 OF SEC 4, N00 DEG 19' 52" E DIST OF 118.33 FT TO THE E ROW OF LONDON BRIDGE RD; TH CONTINUING ALNG W LN OF E2 OF SE4 OF SEC 4, N00 DEG 19' 52" E DIST OF 1162.17 FT TO SLY ROW OF INDUSTRIAL BLVD; TH CONTINUING ALNG THE W LN OF E2 OF SE4 OF SEC 4, N00 DEG 19' 52" E DIST OF 42.00 FT TO TRUE POB. CONT. 12.06 ACRES MORE OR LESS.
A Citizens’ Meeting regarding the proposed rezoning was held on Tuesday, November 14, 2023. One nearby business owner was the only attendee, and the meeting summary states his questions were answered and he had no concerns at all with the project but was curious what was being planned.
SITE ANALYSIS:
The property was purchased from the Arizona State Land Department at public auction and was subsequently rezoned from the Agricultural Preservation (A-P) District to Mixed Use-General (MU-G) District in April of 2021. The General Plan was also amended to Commercial Mixed Use underlying the MU-G zoning with this land use designation encompassing all general commercial activities with a secondary purpose of high density residential. It is triangular shaped and bounded by Industrial Boulevard on the north, London Bridge Road on the west, and an alley to the east. It generally slopes downward about 25 feet from east to west.
The owner/applicant was not able at the time to discuss specific development plans with staff. It was assumed at the time of the original rezone in 2021 that the owner intended to develop the property within the MU-G District standards. Two years later, the developer has a plan for the property, but the original zoning has specific requirements that cannot be met by the proposed plan; thus staff advised the applicant to submit an application for a Planned Development Overlay. This Overlay will permit some of the requirements to be addressed through the public hearing process and ultimately spelled out in an Ordinance approving the Rezone request and the General Development Plan.
The abutting properties to the east are zoned C-2 (General Commercial District), those to the north are zoned C-2/PD (General Commercial/Planned Development District) and the State Park to the west is zoned A-P (Agriculture/Preservation District).
The General Development Plan for the project and Area and Zoning Maps are attached.
If the requested zoning is approved, all uses permitted in the MU-G district will still be allowed unless specifically stated otherwise in any Ordinance approving the Planned Overlay rezone. Any future development on the property would be required to meet the MU-G District development standards and “Substantially Conform” to the General Development Plan excepting any specific conditions spelled out in any Ordinance approving the Planned Overlay rezone and will be required to go through the design review process where applicable.
COMMENTS RECEIVED FROM OTHER DEPARTMENTS/AGENCIES:
State Agencies operating the adjacent State Park have requested a Traffic Impact Analysis, to analyze the signal impact at the intersection of Industrial Boulevard and State Route 95 for this project. This was also previously requested with the original rezoning in 2021.
All Public Works requirements regarding dedication of additional right of way, installation of turn lanes, lane widening, easements and stormwater control shall be addressed as part of the Design Review process.
All utility company comments regarding location of services and easement specific requirements shall be addressed during the Design Review process.
GENERAL PLAN LAND USE DESIGNATION/CONFORMITY:
The Commercial Mixed-Use future land use designation allows primary uses such as retail shopping and services, such as health facilities, nightclubs, studios, artisan shops, grocery/retail stores, restaurants, banks, medical office/ hospital/clinics, veterinary clinics, parking facilities, storage facilities, and personal services. Secondary uses include high density residential and accessory structures.
The abutting properties to the east and north have a General Plan Future Land Use Designation of Resort Related and the State Park to the west is designated as Open Space and Park.
The following General Plan Goals and Policies were provided with the original rezone staff report supporting the 2021 rezoning and are still applicable today with this request to place a Planned Development Overlay over the 2021 Mixed-Use General (MU-G) zoning:
GM.1.1.c - Service levels: Allow development in areas that can be reasonably serviced by police, fire, and emergency response services without negatively impacting service levels or increasing costs for current users.
GM.1.1.d - Infill and Redevelopment: Support infill development and the assemblage of small lots, redevelopment of underutilized properties or obsolete uses, the adaptive reuse of vacant structures for new uses, and the promotion of State Trust Land on the Island and adjacent to the perimeter of the originally platted area as a means to maintain a compact urban form and leverage the availability of existing services, utilities, transportation, and schools.
LU.1.1.a - Range of development opportunities: Maintain a Future Land Use Plan and map that clearly identifies the location and distribution of densities and preferred uses-residential, commercial, employment, resort-oriented, and recreational uses- within the planning area.
LU.1.1.c - Infill and redevelopment: Support infill development and the assemblage of small lots, redevelopment of underutilized properties or obsolete uses, and the adaptive reuse of vacant structures for new uses as means to maintain a compact urban form and leverage the availability of existing services, utilities, transportation, and schools.
LU.2.3.a - Waterfront Development: Promote environmentally and aesthetically well-conceived waterfront development in conjunction with preservation efforts to enhance the City’s quality of life related to the lake and its shoreline.
LU.2.3.b - Mix of Uses: Encourage the development of large-scale resort developments with a mix of commercial and residential uses that enhance the leisure-service industry by providing accommodation and amenities conducive of a world-class destination. Residential uses can be integrated horizontally in separate structures on the same site or vertically integrated within the same building.
EC.1.1.a- Diversified Economy: Retain, expand, and attract business and industry uses that provide employment that improve the overall quality of life for all Lake Havasu City residents.
PF.2.1.a - Infill Development: Maximize the existing investment in infrastructure by encouraging infill development within the existing platted area of the City.
PF.2.1.b - Utility Infrastructure Quality: Ensure developers install all public utilities and facilities to state and municipal standards, as required by their proposed development project outside of the subdivided area.
FINDINGS REQUIRED FOR PLANNED DEVELOPMENTS:
Section 14.05.04 of the Lake Havasu City Development Code sets forth the criteria to be used in the evaluation of all requests for rezoning. Staff’s findings for each of the criteria are as follows:
Section 14.05.04(K)(6)(a)(1)
The proposed amendment is consistent with the policies of the General Plan and would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.
Section 14.05.04(K)(6)(a)(2)
The proposed rezoning is consistent with the applicable provisions of the Development Code as residential uses are allowed within the already existing underlying zoning district. Any specific development will be required to secure Design Review and/or building permit approval.
Section 14.05.04(K)(6)(c)(1)
The area under consideration is of adequate size and density to allow for the development of any permitted uses within the proposed zoning district.
Section 14.05.04(K)(6)(c)(2)
The current public need for residentially zoned property is demonstrated throughout the General Plan as well as within the local real estate market.
Section 14.05.04(K)(6)(c)(3)
The public need is best met by property being zoned for mixed-use to combine the necessities of daily living combined with higher density residential developments.
Section 14.05.04(K)(6)(c)(4)
Surrounding properties have commercial and A-P zoning designations and should not be adversely affected by any use allowed in the proposed.
Section 14.05.04(K)(6)(c)(5)
All utilities are readily available to the property or within a reasonable distance. Any and all utility extensions would be required to be performed by the Developer at their cost.
Section 14.05.04(K)(6)(c)(6)
The subject property is included within a city drainage, sewer, and water service district and may require new water or sewer infrastructure thus having no adverse impact to the existing water or wastewater systems.
SPECIFIC RELIEF REQUESTED FROM MU-G STANDARDS:
The applicant requests that deviation from the following specific standards be included in any recommendation regarding, or future Ordinance approving, the Planned Overlay Zoning and the accompanying General Development Plan:
1. Section 14.02.04.B.4.b under the heading “Additional Development Standards” not be required to be enforced as it creates severe building orientation issues for the buildings in the project. Additional Development Standards are as follows:
(1) The primary building must have at least one operable pedestrian door leading directly from the primary building onto a sidewalk. For primary buildings located on corner lots, the required pedestrian entrance may be located on the primary street façade or at the corner where the two streets intersect.
(2) At least sixty-five (65) percent of the primary building frontage must be built no further than 20 feet from the front lot line.
(3) If the building is located on a corner lot, at least forty (40) percent of the secondary building frontage must be built no further than 20 feet from the side lot line adjacent to the secondary street.
2. Section 14.03.03.A.5 under the Heading Dwelling, Multi-Family, that the requirement that 25% of the gross floor area of each structure be for non-residential uses and that dwelling units not be located on the ground floor as this prevents the developer from realizing the concept of having the residential dwelling on the second floor above the garages.
PLANNING COMMISSION ACTION:
The Planning Commission unanimously (7-0) recommended approval of this application at its December 20, 2023, Regular Meeting.
COMMUNITY IMPACT:
The proposed Planned Development Overlay addition to the MU-G zoning classification is in conformance with the goals and policies of the City’s General Plan. Staff finds that the request meets all requirements set forth in Section 14.05.04(K)(6) of the Lake Havasu City Development Code to approve the zone change and should not have a significant impact on the overall community upon completion of construction.
FISCAL IMPACT:
As the proposed project includes a restaurant site in addition to the residential and mini-storage components, the economic impact, once fully developed, should be positive from the standpoint of both property valuation and sales tax boosts.
ATTACHMENTS:
Ordinance No. 24-1325
Area Map
Zoning Map
General Development Plan
Color Façade Rendition
SUGGESTED MOTION:Recommended Action
I move to adopt Ordinance 24-1325 approving a planned development rezoning of 700 London Bridge Road, from Mixed Use, General District (MU-G) to Mixed Use, General/Planned Development District (MU-G/PD), and approving a 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 company, ADOT or City Public Works Engineering requirements shall not be considered as substantial changes.