STAFF REPORT
TO: Planning & Zoning Commission Members
FROM: Planning Division Staff
REQUEST:Title
A Request to Adopt Resolution No. 26-03 Approving a Conditional Use Permit for the Operation of Three Mobile Food Units for a Period of One Year at 2138 and 2142 McCulloch Boulevard North in the Mixed Use-Uptown McCulloch Main Street (MU-UMS) District (Chris Gilbert)
Body
GENERAL INFORMATION:
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Application No.: |
26-5237 (PZ2026-00053) |
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Property Legal: |
Tract 1056, Block 1, Lots 1-3 |
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Address: |
2138 and 2142 McCulloch Blvd. N. |
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Lot Size: |
0.34 Acres |
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Applicant: |
Alex and Regan Ross |
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Owners: |
Eastwind, LLC |
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Staff Project Manager: |
Chris Gilbert |
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Current/Proposed Zoning: |
Mixed Use-Uptown McCulloch Main Street (MU-UMS) |
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Existing/Proposed Use: |
Office and Parking / 3-Food Truck Court on a Portion |
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Proposed Number of Lots/Units: |
N/A |
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Density: |
N/A |
SITE ANALYSIS:
The subject property, consisting of two lots at 2138 and 2142 McCulloch Boulevard N., is approximately 0.34 acres of developed land although one parcel is just parking, that are zoned as Mixed Use-Uptown McCulloch Main Street (MU-UMS). The surrounding area consists of downtown businesses, mostly on zero lot lines, that front onto McCulloch Boulevard, including The KAWS building to the east, which the applicants also own and will run the requested food truck operation, and to the south is the bowling alley with its large surrounding parking area.
Area and Zoning Maps are attached.
PROPERTY AND APPLICATION BACKGROUND:
The Mixed Use-Uptown McCulloch Main Street (MU-UMS) District is intended to provide for a wide and flexible variety of commercial, office, personal service, and residential uses along Lake Havasu City’s “Main Street,” and to encourage walkability and non-vehicular connections with adjacent districts. The applicants’ request fits into this description.
The subject lots were included in a 2006 Parking in Common Amendment that created 17 spaces to serve the existing insurance office and the Schlotzsky’s Deli that was located to the east of the parking area that is no longer in business. It is now The KAWS, which already provides commissary support to food trucks in the Havasu area and would provide the same support to the requested food truck operation.
City Code Chapter 5.24 was adopted by the City Council in 2023 to regulate food trucks throughout the City and established various processes for review and approval depending on the nature of the operation. This type of operation involving 3 food trucks will require a full Conditional Use Permit review by the Planning Commission, which is what the applicant has applied for.
Per the Letter of Intent provided by the applicants, the 3 food trucks would not permanently occupy the parking spaces they are depicted over, but will come and go during the week and month. The letter states that the parking-in-common amendment for Schlotzsky’s Deli required maintenance of 9 parking spaces out of the 17 total spaces present. With all 3 trucks present, that number is down to 8 and the applicants believe that the transient nature of the food trucks that will operate on the subject property means that the majority of the time there will never be as few as 8 spaces available, and thus meets the intent of the 2006 action.
The applicants’ letter of intent is attached.
The 2006 parking plan for the lots when they served the Schlotzsky’s Deli is attached.
The applicants’ proposed food truck positioning is attached.
GENERAL PLAN LAND USE DESIGNATION/CONFORMANCE:
The subject properties are shown as Commercial Mixed Use which supports almost all forms of commercial activity.
STAFF ANALYSIS
Development Code Section 14.05.04(G)(4) provides the findings necessary for the approval of a Conditional Use Permit. The Planning Commission may only approve the permit after finding that:
a) The proposed use is allowed with a minor or major conditional use permit, as appropriate to the request, within the applicable zoning district and complies with all applicable provisions of this Development Code;
The proposed use is permitted with a Conditional Use Permit issued by the Planning Commission per City Code Section 5.24. It does not meet the minimum parking requirement based on the 2006 parking in common amendment for the Schotzsky’s Deli, which is now The Kaws. The transient nature of the food trucks, however, can mean that there is an average of at least 9 spaces available over a month’s time, per the applicant’s letter of intent.
b) The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan;
The 2016 General Plan shows the property as Commercial Mixed Use category which is consistent with the requested use, but does not specifically address the issue of food trucks, that being done by the City Council’s approval in 2023 of the new City Code Section 5.24 which governs food trucks.
c) The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
The proposed use should not create any issues under this category. The trucks will be up on a raised parking area off of the sidewalk along McCulloch Blvd. and will be overseen by The KAWS operated by the applicants next door to the location which already provides commissary support to the food truck community. The existing outdoor seating areas that will be used for the food trucks should be able to comply with the noise ordinance in a manner similar to every other outdoor restaurant in the community.
d) The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City;
The expected wear and tear on the property by the proposed use is expected to be no different from the numerous alternate uses that could operate on the property in the same zone without a Conditional Use Permit.
e) The subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use;
Staff believes the submitted site plan as amended by the listed conditions of approval will satisfy this provision. Downtown Lake Havasu City is a busy place and this particular location being up off the street and between and behind McCulloch facing buildings is a good place to place such a transient use, with easy access to McCulloch Blvd. or Swanson Avenue. Additionally, the site specific parking should handle most customer parking and when it can’t, it is located directly next to parking in common areas to the south and to the east that can handle any overflow.
f) The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.
The food trucks themselves notwithstanding, as they are mobile and will come and go, the entirety of the site is already developed in a manner that is compatible with the surrounding properties.
CONCLUSION:
Staff finds that the request meets the above requirements necessary for approval of this Conditional Use Permit. In reviewing a Conditional use Permit request, the Commission may impose conditions deemed reasonable and necessary to ensure that the approval will comply with the required findings preserving the public health, safety, and general welfare of the area. Accordingly, staff suggests that the Commission consider including the conditions for code compliance that are listed below.
CITIZENS’ MEETING
No Citizens’ Meeting is required for Conditional Use Permits.
COMMENTS FROM OTHER REVIEWERS:
No objections were received from any reviewing agencies.
ADDITIONAL REQUIRED ACTIONS:
If approved, the applicant will be required to ensure that the food trucks on their property are always properly licensed by the City and have all required Fire Department and Mohave County Health Department inspections current. If not approved, the applicant has the option to appeal the denial to the City Council.
CONDITIONS FOR CODE COMPLIANCE:
The following conditions of approval are suggested by staff to ensure compliance with all City Codes:
1. This Conditional Use Permit shall expire on June 3, 2027, requiring a renewal application to be filed to continue operating beyond this date. The mobile food unit operation shall then be reevaluated by the Planning Commission to gauge the impact of the use on the surrounding area and determine if any of the conditions need modifications to assure minimum impact to the surrounding area.
2. The property is limited to three mobile food units located as shown on the Site Plan.
3. There shall be maintained an average of 9 parking spaces within the parking in common area across the two subject properties during the period of validity of this Permit.
4. All 3 mobile food units are required to be located 10 feet from any adjacent structure and 10 feet from any other mobile food unit.
5. The mobile food vendors shall individually meet all City, County, and State requirements, including Business Licensing, Fire, and Health Department regulations contained in City Code Chapter 5.24, regarding Mobile Food Vendors. These licensing requirements shall be completed prior to placement of the mobile food unit on the subject properties listed in this Resolution.
6. All operational requirements contained in City Code Chapter 5.24 shall be complied with at all times.
7. A minimum of one thirty-gallon trash receptacle shall be provided within fifteen feet of each individual mobile food unit.
8. All additional lighting required for the operation of the 3 mobile food units shall be designed and shielded in compliance with Lake Havasu City Code Section 14.04.05.
9. The use shall comply with the noise regulations described in Lake Havasu City Chapter 9.30.
ATTACHMENTS:
Planning Commission Resolution No. 26-03
Area Map
Zoning Map
Letter of Intent
2006 Parking in Common Design for Schlotzsky’s Deli
Food Truck Proposed Locations
POSSIBLE MOTIONS:Recommended Action
I move to adopt Resolution No. 26-03 approving a Conditional Use Permit for the operation of three mobile food units for a period of one year at 2138 and 2142 McCulloch Boulevard North in the Mixed Use-Uptown McCulloch Main Street District.
I move not to adopt Resolution No. 26-03 approving a Conditional Use Permit for the operation of three mobile food units for a period of one year at 2138 and 2142 McCulloch Boulevard North in the Mixed Use-Uptown McCulloch Main Street District.