Legislation Details

File #: ID 24-4290    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 5/27/2024 In control: City Council
On agenda: 6/11/2024 Final action:
Title: Adopt Ordinance No. 24-1335 Approving a Rezone of 2305 Victoria Farms Road, APN 120-03-046, a 10-Acre Metes & Bounds Parcel, from Light Industrial (LI) District to Industrial (I) District (Chris Gilbert)
Attachments: 1. Ordnance No. 24-1335, 2. Area Map CC Case 24-4290, 3. Zoning Map CC Case 24-4290, 4. Ordinance 20-1244, 5. Letter of Intent, 6. Neighborhood Meeting Documents Redacted

COUNCIL COMMUNICATION

 

 

TO:                                          Honorable Mayor and Council

 

FROM:                                          Jeff Thuneman, Development Services Director

                     

                     

SUBJECT:Title

Adopt Ordinance No. 24-1335 Approving a Rezone of 2305 Victoria Farms Road, APN 120-03-046, a 10-Acre Metes & Bounds Parcel, from Light Industrial (LI) District to Industrial (I) District (Chris Gilbert)

Body                     

 

FUNDING SOURCE:

N/A

 

PURPOSE:

To consider a property owner-filed application requesting approval of a rezone for his 10-acre mostly vacant property at 2305 Victoria Farms Road from Light Industrial District (LI) to Industrial District (I) to undertake the Heavy Manufacturing activities originally intended when the property was rezoned to LI in 2020.

 

BACKGROUND:

 

Application No.:

24-4290 (P&Z #24-00400002)

Property Legal:

APN 120-03-046 Metes and Bounds Description

Address:

2305 Victoria Farms Road

Lot Size:

10 acres

Applicant:

Troy and Gretchen Wilde

Owner:

Troy and Gretchen Wilde

Staff Project Manager:

Chris Gilbert

Current/Proposed Zoning:

LI (Light Industrial) to Industrial (I)

Existing/Proposed Use:

Industrial

Proposed Number of Lots/Units:

N/A

 

SITE ANALYSIS:

Access to the property is from Highway 95 onto Chenoweth Drive to Victoria Farms Road then through a 60-foot-wide access easement across the adjacent property to the southwest corner of the subject 10-acre parcel.

 

The abutting properties are a mix of undeveloped properties. The property to the east is zoned Light Industrial/Planned Development and is vacant. To the north is Light Industrial zoned, vacant property owned by the City and within 4500 feet of the end of the airport runway. To the west and south is vacant, Industrial zoned property.  

 

The property lies outside the City’s water service area. EPCOR Utilities is the water utility provider for the property. City wastewater service is not available to the property at this time.

 

Area and Zoning Maps are included as attachments. 

 

APPLICATION BACKGROUND:

In October of 2020, the subject property was rezoned to Light Industrial (LI) from Light Industrial/Planned Development (LI/PD) by the current applicant to accommodate stated plans to run a major asphalt and concrete recycling operation involving bringing in the materials, crushing them, mixing them with soil, and transporting the produced material to various buyers.  This intensity of use of the property is not allowed in Light Industrial (LI) zoning.  The types of activities the applicant has been pursuing and is planning to pursue are best defined as “Heavy Manufacturing” per the Development Code’s definition of the term, and thus is only permitted in the Industrial (I) District.  Staff informed the applicant of this issue and recommended a rezoning to Industrial to allow for these uses.

 

The applicant’s Citizens’ Meeting Letter states a desire to rezone the property to Industrial (I) to undertake Heavy Manufacturing activities.

 

Ordinance No. 20-1244 approving the original rezone in 2020 to Light Industrial is included as an attachment.

 

A Citizens’ Meeting was held on March 20, 2024. Only one of the invitees attended the meeting. The applicant’s Letter of Intent, Neighborhood Meeting Invitation materials, and Citizens’ Meeting Summary are provided as attachments.

 

GENERAL PLAN CONFORMANCE:

The Future Land Use Map of the General Plan designates this area as Employment.  The subject property and all surrounding properties are also within this land use category. The proposed zoning classification is in conformance with the General Plan Land Use Map.

 

Below is the General Plan definition for Employment:

 

The particular type of use will be determined based upon its potential impact on adjacent land uses and the intensity of development.

•                     Heavier industrial uses-such as intense manufacturing, warehousing and distribution- should be located away from arterial streets and buffered by light industrial uses-such as light manufacturing, research and development, professional office, office/showroom, retail, service, and other related uses-where feasible.

•                     Typical techniques such as screening, landscaping buffers, separation of incompatible uses, lighting, design, and architectural standards may be used to promote compatibility with adjacent uses.

 

The following are goals and policies within the General Plan, which support the proposed rezone:

 

Goal LU.1.1:  Promote a compact and efficient pattern of growth that is compatible with the City’s existing development pattern.

 

GROWTH MANAGEMENT

GM.1.1.a - Urban Containment Boundary: Implement the Urban Containment Boundary as the limit line for City financed infrastructure, beyond which any development will be at the developer’s sole expense. Monitor services and resource capacity for residential, commercial, and employment uses consistent with the City’s Capital Improvement Program to match investment with growth. Beyond the boundary, continue to accommodate very low density residential development (less than 1 unit/acre) that is compatible with the goals and policies of the General Plan. 

 

GM.1.1.b - Adequate public facilities: Allow development outside the Water Resources Boundary only if an identified minimum level of public facilities is available or can be made available in conjunction with development.

 

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.

 

GUIDING PRINCIPLE LU.1:  A BALANCED LAND USE PATTERN

Goal LU.1.1: Plan for the ongoing growth and development of the community.

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.

 

GUIDING PRINCIPLE SA.1:  REDUCED RISK AND EFFECTS OF FROM NATURAL AND MANMADE HAZARDS

Goal SA.1.1: Limit development in high risk areas.

SA.1.1.b - Development Standards: Establish standards for development in these locations (washes, floodplains, and steep slopes) to minimize loss of life and property should a natural or manmade disaster occur. 

 

The proposed rezoning complies with the goals and policies of the City’s General Plan.

 

FINDINGS REQUIRED FOR REZONING:

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 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. The General Plan designates this property as within an Employment area. Any industrial development allowed within the zoning district would be in keeping with existing adjacent properties, many of which have been rezoned to either Industrial or Light Industrial in recent years.

 

Section 14.05.04(K)(6)(a)(2)

The proposed rezoning is consistent with the applicable provisions of the Development Code as many industrial uses already exist in the vicinity of the subject property.  Any specific development will be required to secure planning and building permit approval and meet engineering requirements.

 

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, being approximately 10 acres in size.

 

Section 14.05.04(K)(6)(c)(2)

The public need for industrially zoned property is demonstrated in the General Plan and is best met in isolated areas of the City such as the proposed location for this application, where other heavy industrial uses already exist, and not too far away, the airport to the north and the landfill to the east.

 

Section 14.05.04(K)(6)(c)(3)

The public need for this type of development is best met by property being zoned appropriately for industrial uses in appropriate areas of the City, including the subject property.

 

Section 14.05.04(K)(6)(c)(4)

Surrounding properties have a similar zoning designation and will not be adversely affected.

 

Section 14.05.04(K)(6)(c)(5)

All utilities, except water and wastewater, are available to the property within a reasonable distance through an easement from Victoria Farms Road. 

 

Section 14.05.04(K)(6)(c)(6)

Sewer service is not currently available. The rezone will have no adverse impact to existing drainage or wastewater systems.  Any development on the property will have to meet all engineering standards for handling wastewater and storm drainage generated by the project.

 

COMMENTS FROM OTHER REVIEWERS:

No objections were received from any other reviewing agencies or departments.

 

CONCLUSION:

Based on the above information, staff found that the request meets all review criteria necessary to approve the zone change from Light Indistrial District (LI) to Industrial District (I).

 

PLANNING COMMISSION ACTION:

The Planning Commission recommended approval of this application by a vote of 7-0 at its May 15, 2024, meeting.

 

COMMUNITY IMPACT:

The requested rezone is likely to have minimal impact on the Lake Havasu City community as a whole, being located on such an isolated property surrounded by additional industrial zoning.

 

FISCAL IMPACT:

The property owner’s intended use of the property is unlikely to have a major fiscal impact due to the lack of utility availability and the isolated nature of the location.

 

ATTACHMENTS:

Ordinance No. 24-1335

Area Map

Zoning Map

Ordinance No. 20-1244

Letter of Intent

Neighborhood Meeting Invite Materials and Summary

 

SUGGESTED MOTION:Recommended Action

I move to adopt Ordinance No. 24-1335 approving a rezone of 2305 Victoria Farms Road, APN 120-03-046, a 10-Acre Metes & Bounds Parcel, from Light Industrial District to Industrial District.