COUNCIL COMMUNICATION
TO: Honorable Mayor and City Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Ordinance No. 24-1339 Approving the General Development Plan and Rezone of 1850 Bahama Avenue, Tract 115, Block 4, Lots 11 through 13 and 21 through 23, and Block 5, Lots 1 through 9, 14.08 Acres, from Multiple Family (R-M) District Multiple Family/Planned Development (R-M/PD) to Accommodate a Resort-Style Development with a Combination of Commercial and Residential Uses and to Allow a Maximum of 52-feet Above the Approved Designed Building Pad Height for Each of the Buildings (Chris Gilbert)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To consider a developer and property owner-filed application requesting approval of a Rezoning and associated General Development Plan that would permit a mixed-use resort-style development to be placed on property that is presently planned for high density residential use.
BACKGROUND:
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Application No.: |
24-4412 (24-00200002) |
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Property Legal: |
Tract 115, Block 4, Lots 11 through 13 and 21 through 23, and Block 5, Lots 1 through 9 |
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Address: |
1850 Bahama Avenue |
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Lot Size: |
Approximately 14.1 Acres |
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Applicant: |
Studio KDA |
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Owners: |
Havasu Development Co., LLC |
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Staff Project Manager: |
Chris Gilbert |
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Current/Proposed Land Use Designations: |
High Density Residential to Resort-Related Mainland |
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Existing/Proposed Use: |
Vacant/Residential Multi-Family and Commercial |
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Proposed Number of Lots/Units: |
Total of five 4-Story Residential Buildings, a 2-story Commercial/Restaurant Building, a Surf Pool, and Lagoon |
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Density: |
172 proposed units / 14.08a = 12 dwelling units per acre |
This application and public hearing are related to the previous hearing regarding a Major General Plan Amendment on the same property that requested to amend the General Plan Future Land Use Map to change the land use category from High Density Residential to Resort-Related Mainland.
NOTE: Some changes have been made to this staff report and attachments following the Planning Commission’s action on July 17, 2024, to reflect a modified plan the applicant submitted to address comments received from the public in the two public hearings held on this matter.
Area, General Plan, and Zoning maps are attached. The applicant’s Letter of Intent, General Development Plan, and full traffic study are also included as attachments.
SITE ANALYSIS:
The subject property consists of a number of undeveloped lots along Bahama Avenue that have been combined into one parcel through the Mohave County Recorder of Deeds and measures a combined total of approximately 14.1 acres, and being more properly described as follows:
Tract 115, Block 4, Lots 11 through 13 and 21 through 23, and Block 5, Lots 1 through 9, Containing 14.08 Acres in Total
The property is located one quarter mile east of the intersection of Bahama Avenue and Lake Havasu Avenue. Bimini Lane, which connects to Bahama Avenue just east of Lake Havasu Avenue, also connects to the subject property.
LAND USE: The subject property and the properties to the east and west, are presently categorized as High Density Residential on the City’s Future Land Use Map and partially developed as such. The properties to the north are shown as Commercial Mixed Use and developed as light industrial, including the large Sterilite building, and to the south a mix of High Density Residential directly abutting with Low Density Residential to the southeast, but primarily developed with single family residential units. The concurrent application for a Major General Plan Amendment seeks to change the Future Land Use Map designation from High Density Residential to Resort-Related Mainland if successful.
ZONING: The subject property and the properties to the east and west, are zoned Residential Multiple-Family District (R-M). The properties to the north are zoned Light Industrial (LI) and developed as such, and to the south Single Family Residential (R-1) and developed with single family residential units. This application seeks to amend the Zoning Map designation for the property to Residential Multiple Family/Planned Development (R-M/PD) with a 3-Phase General Development Plan to govern the site development going forward.
TRAFFIC STUDY: The traffic study analysis and recommendations have been included as an attachment to this report and recommend specific mitigation measures to be taken by the applicant with each Phase of the project that will have to be accepted by the City’s engineers during the design review phase of the project should this rezone be approved. Additional requirements may become necessary during the design review phase. Staff included the most recent study update that adjusted traffic assumptions upwards to accommodate busier times of the year when more people are in residence in the city.
APPLICATION BACKGROUND:
The applicant’s Letter of Intent requests to amend the City’s Official Zoning Map from Residential Multiple-Family District (R-M) to Residential Multiple Family/Planned Development (R-M/PD) District with a 3-Phase General Development Plan to facilitate development of a multiple-family resort including a commercial component (restaurant, surfing pool, cliff diving, lagoon pool) with the residential uses on the property being a combination of rental units and condominiums, the exact breakdown to be determined later. The proposed development includes a two-story commercial building in addition to five four-story residential buildings with a maximum height of 52 feet above the approved designed building pad height each. The maximum number of units anticipated by the updated General Development Plan is 172, which is 12 units per acre, well short of the 281 units (at 20 units per acre) that could be constructed if developed with the current Residential Multi-Family zoning district (RM).
Some of the 52-foot buildings on the west end will be lower than the 30 feet height limit for the R-M District above the max grade determined from Bahama Avenue at its high point at the northeast corner of the property. However, as the various lots have been combined into a single lot by the applicant, and the property adjoins a Single Family Residential (R-1) District on the south side, there is an 18-foot above max grade height limit on adjacent parcels, so the entire project site is subject to this requirement and will still require a height exception if approved.
The applicant has provided a parking count showing 681 parking spaces for the project in the updated plan, having removed one building and replaced it with parking, and of these spaces a 315 are suitable for boat/RV parking. The 681 number calculates to about 4 spaces per dwelling unit, which is twice the required parking of 344 spaces. The remaining 330+ spaces would be primarily oriented towards commercial/water entertainment parking with variable amounts of RV/boat parking, which is extremely difficult to estimate demand for.
The General Development Plan that is approved with this rezone will have to be substantially complied with during the development process, but the specific details of the project can be variable. Any major changes would need to be returned as a General Development Plan Amendment for further review by the Planning Commission and City Council.
GENERAL PLAN LAND USE DESIGNATION/CONFORMITY:
The General Plan Future Land Use Map designates the property as High Density Residential, contemplating a unit density of up to 20 units per acre with higher densities approvable through the Planned Development process.
The Resort-Related Mainland designation requested in the Major General Plan Amendment application that was heard previously allows primary uses such as medium- to high-density resort residential uses, including condominiums, townhouses, and apartments. Secondary uses may include incidental services, commercial, and retail uses such as boat rentals, sales and repairs, hotels, motels, restaurants, and retail, as well as accessory recreational uses such as marinas, golf courses, parks and recreational trails, and accessory structures. These areas are intended to serve and primarily support the resort industry of Lake Havasu City and the tourists and visitors the industry attracts. It encourages mixed-use developments to occur in areas of Lake Havasu City that do not have direct access to the Shoreline. Public access easements along the shoreline and view corridors to the shoreline, consistent with state and federal laws, should be incorporated. Mixed-use developments should generally provide a commercial element of not less than 10 percent. The land use category does not allow RV resorts, manufactured home parks, or campgrounds.
Resort-Related Mainland designation was requested because it allows for more than just high-density apartments and condos. The Resort-Related Mainland designation is appropriate because it allows mixed-use developments with commercial uses of not less than 10 percent on property that does not have direct access to the shoreline, which is the exact situation the applicant’s development plan presents.
The following General Plan Goals and Policies support this rezoning request:
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.b - Mix of housing options: Encourage a mix of housing options in Lake Havasu City, including detached and attached single-family, townhomes, apartments, and housing for special populations (e.g., elderly or disabled residents) as appropriate based on goals and policies for individual character areas within the City and the Future Land Use Plan map.
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.1.1.d - Mixed-use development: Encourage mixed-use development patterns (both vertically and horizontally mixed-use as appropriate given the surrounding development context) based on goals and policies for individual character areas within the City as a means to promote the efficient use of available land, increase the accessibility of goods and services, and support the revitalization of areas such as Downtown Lake Havasu and the Bridgewater Channel area.
HN.1.2.b - High-Density Development Standards: Recognize well-designed and constructed high-density development on appropriate sites as being a worthwhile addition to the community and tax base under conditions established in the General Plan and by zoning, subdivision, and other codes and ordinances.
HN.2.1.a - Mix of Housing Types: Encourage a mix of housing types, including detached and attached single-family, townhomes, apartments, and housing for special populations (e.g., elderly or disabled residents). Support a mix of lot sizes, densities, and housing prices and styles in locations designated for Medium or High Density Residential on the Future Land Use Plan map or as part of a larger planned development in accordance with City Standards and Ordinances.
HN.2.2.a - Location Efficient Development: Strongly encourage new residential development in locations that promote the efficient use of existing utilities; offer reasonable response times by police, fire, and emergency services; provide reasonable access to schools; offer neighborhood or community shopping options within ½ mile and 1-2 miles respectively; reduce the need for long auto trips; and encourage the use of alternative modes of transportation-walking, bicycling, and taking public transit (as available).
HN.2.2.c - Siting of Higher Density Uses: Locate higher-density residential uses near major roadway corridors to promote an efficient transportation system and prevent an excessive amount of vehicular traffic from using minor residential streets.
PF.2.1.a - Infill Development: Maximize the existing investment in infrastructure by encouraging infill development within the existing platted area of the City.
FINDINGS REQUIRED FOR PLANNED DEVELOPMENTS:
Section 14.05.04(L)(4)(a-h) of the Lake Havasu City Development Code requires eight findings be met before a Planned Development is approved. Those eight findings and Staff’s analysis of each finding is as follows:
a. The proposed development shall be consistent with and conform to the Lake Havasu City General Plan.
The proposed amendment is consistent with the maps and policies of the currently adopted General Plan amendment if the Major General Plan Amendment application heard previously is approved. The General Plan supports high density multiple-family residential development in this area.
b. The exceptions from the standards of the underlying district are warranted by the design and amenities incorporated into the development plan and program.
As a resort style development, numerous amenities will be provided beyond the high-density residential component. There is proposed to be a lagoon pool, a surf pool, and a cliff diving feature, in addition to restaurants on the property. All aspects of the proposed project will be required to meet all the requirements of the Development Code.
c. The proposal is in harmony with the surrounding area or its potential future use and incorporates unified or internally compatible architectural treatment.
The proposed use will be a buffer between the existing Light Industrial (LI) zoning to the north and will be similar in nature and density to the Residential Multiple Family (R-M) zones to the east and west. Units per acre density will be 12 units per acre and significantly less than permitted in the R-M district, but the units will be clustered in fewer but taller buildings, hence the four-story structures being requested with 52-foot height allowances above the approved designed building pad height. Doing this will provide for far more open space, parking, and landscape buffers on the property than would otherwise be possible.
d. The system of ownership and the means of developing, preserving, and maintaining open spaces is suitable.
The property is owned by a development consortium that has the experience and means to execute the project, including provision and maintenance of open spaces and buffer zones around the development that provides amenities to the residents while also protecting the neighboring single family residential to the south.
e. The approval will have a beneficial effect on the area which could not be achieved under the primary planning designation for the area.
The R-M/PD zoning request for a resort style development will have a beneficial effect on the overall area. The 14+ acres of land underlying the proposal has sat vacant for a long time, being previously zoned R-4 in 2006 under the previous Development Code and Zoning Map categories before becoming R-M under the Current Development Code. In 2004, the Sonoran Hills high density residential project that included 4-story buildings with pitched roofs was proposed and approved by the City but was never built. No projects have yet been constructed to date on the property and this application proposes to provide restaurant, retail, event retail, and both rental and owner-occupied housing which will add to available housing stock in the City and generate economic activity to benefit all residents and the City as a whole. Additionally, this project will buffer the view of the light industrial developments across Bahama Avenue, including a large manufacturing facility, a storage unit complex, and the McCulloch industrial complex to the west of the storage units.
f. The proposed development, or a unit thereof, can be substantially completed within 3 years from the date of approval.
The applicant intends to build the project in 3 phases with Phase 1 first. A project of this scope and size will likely take more than 3 years to construct in its entirety.
g. Adequate public facilities and services are available or are proposed to be made available in the construction of the project.
Adequate public facilities are currently available to the property. Some utility services and easements will be required to be relocated to accommodate the development and these issues shall be addressed prior to construction if this rezone application is approved.
h. The general objectives of the PD district and the applicable objectives of the various categories of planned development have been met.
The proposed uses and the intent of the overall development meet the general objectives of the PD District as described in the Lake Havasu City Development Code.
CONCLUSION:
The proposed PD/zoning classification and presented General Development Plan are in conformance with the goals and policies of the City’s General Plan only if the Major General Plan Amendment application heard previous to this application is approved. This application meets all requirements set forth in Section 14.05.04(K)(6) of the Lake Havasu City Development Code with specific compliance conditions to be applied if the project is approved, that are contained in the Suggested Motion for approval.
CITIZEN’S MEETING
A Citizens’ Meeting regarding this application was held on January 3, 2024. Several people attended this meeting. The full neighborhood meeting documentation is included as an attachment.
Extensive comments were taken from the public at the Major General Plan Amendment hearing on June 19, 2024, and at both the second Major General Plan Amendment hearing and the Rezoning hearing on July 17, 2024. The full detailed minutes of those hearings are included in the meeting packet for this meeting.
COMMENTS FROM OTHER REVIEWERS:
Some comments were received from other reviewing agencies or departments. Comments were received from Allo and Frontier requesting that the developer contact their staff to discuss existing service line locations on the property and the need to relocate some of them. The Lake Havasu City Engineering Division has provided a list of documents needed from the applicant for project design review if the rezone is ultimately approved and additional traffic control measures may be required beyond the recommendations contained in the Traffic Report.
OTHER REQUIRED ACTIONS:
Building permits and compliance with all other aspects of the Building and Development Codes, including off-site improvements such as any required street paving, curb, gutter, and sidewalks, will be required prior to issuance of Certificates of Occupancy for any buildings related to this Planned Development project.
PLANNING COMMISSION ACTION:
The Planning Commission voted 7-0 to recommend denial of the Rezoning and General Development Plan approval requested by this application at its July 17, 2024, meeting.
COMMUNITY IMPACT:
The proposed amendment, if approved, would facilitate the development of the subject property at 1850 Bahama Avenue into a resort-style development, with residential components, commercial components and an unusual water entertainment feature that would offer surfing, cliff diving, and a swim lagoon that would be open to the public.
FISCAL IMPACT:
A resort-style development like the one proposed is likely to generate revenue to the various taxing entities as the phases are constructed.
ATTACHMENTS:
Ordinance No. 24-1339
Area Map
General Plan Map
Zoning Map
Letter of Intent
Updated General Development Plan
Traffic Study
Neighborhood Meeting Invite and Citizens’ Meeting Summary
Minutes of the Planning Commission Public Hearing held June 19, 2024
Draft Minutes of the Planning Commission Public Hearing held on July 17, 2024
SUGGESTED MOTION:Recommended Action
I move to adopt Ordinance No. 24-1339 approving the General Development Plan and Rezone of 1850 Bahama Avenue, Tract 115, Block 4, Lots 11 through 13 and 21 through 23, and Block 5, Lots 1 through 9, 14.08 Acres, from Multiple Family (R-M) District Multiple Family/Planned Development (R-M/PD) to Accommodate a Resort-Style Development with a Combination of Commercial and Residential Uses and to Allow a Maximum of 52-feet Above the Approved Designed Building Pad Height for Each of the Buildings with the code compliance conditions as stated in the Ordinance.