STAFF REPORT
TO: Planning & Zoning Commission Members
FROM: Planning Division Staff
SUBJECT:Title
A Request for Approval of a Planned Development Rezone and General Development Plan for 2801 Highway 95 North from Limited Commercial District/Planned Development (C-1/PD) to General Commercial District/Planned Development (C-2/PD) (Chris Gilbert)
Body
GENERAL INFORMATION:
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Application No.: |
PZ2024-00086 |
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Property Legal: |
106-28-050A, Metes and Bounds Legal Description in Report |
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Property Address: |
2801 Highway 95 North |
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Lot Size: |
10.29 Acres |
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Applicant: |
Desert Land Group |
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Owner: |
JC Capital, LLC |
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Staff Project Manager: |
Chris Gilbert |
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Current/Proposed Zoning: |
Limited Commercial/Planned Development (C-1/PD) to General Commercial/Planned Development (C-2/PD) |
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Existing/Proposed Use: |
Vacant to General Commercial Vehicle Sales |
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Proposed Number of Lots/Units: |
1 |
This application was filed by the applicant, Desert Land Group, which is representing the owner that purchased the property from the City on February 27, 2024, with the intent to construct a new Anderson Powersports facility. The presently vacant subject property is located on the west side of US 95 Highway just south of Kiowa Avenue and consists of approximately 10.29 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 3 & 4 LAKE HAVASU CITY TRACT 2277 BLK 2 LOT 19 AND ABANDONED CUL DE SAC'S FOR DEEPWATER DR AND CACTUS WREN LN PER ABANDONMENT 7182/906 RES #08-2277 CONT 448,317 SQ FT OR 10.29 ACRES 106-28-050 & POR OF RDS(106-28-050A) 2009 TAX ROLL
SITE ANALYSIS:
The property is a former City-utilized and owned detention basin that was put up for auction in 2023. It continues to have three ADEQ monitoring wells on the property that the applicant will provide access to for maintenance and monitoring purposes. The property was purchased from Lake Havasu City at a public auction on February 27, 2024, by the applicant’s client. The property was rezoned in 2008 to C-1 with various conditions made part of the approval to accommodate a large retail business that would have occupied the property. This project was never constructed, and the property has remained vacant ever since.
The properties to the north along Kiowa Boulevard are zoned C-2/PD (General Commercial District/Planned Development), those to the east are zoned LI (Light Industrial District) and to the west and south are R-1 (Single Family Residential District) zoning. The General Plan Future Land Use Map Category is Commercial Mixed Use-Nodal (CMU-N) which is consistent with the proposed use and the requested zoning. Area, Zoning, and Land Use Maps, and Ordinance No. 08-936 are attached.
The structures comprising the Anderson Powersports development have been designed to provide a barrier to both noise and light pollution to the neighborhood to the west and south through design and placement of structures to simulate a tall barrier wall in lieu of a separate 6-foot perimeter masonry wall that would be required by code. Reference the attached applicant’s Letter of Intent and General Development Plan documents comprising a site plan, site sections, and conceptual design plans which show this in great detail.
Access to the site will be from Highway 95 only, with both vacated cul-de-sacs being blocked off from access at Deepwater Drive and Cactus Wren Drive. A traffic impact statement has been provided, which is attached. Arizona Department of Transportation (ADOT) does not object to this rezone and will address connection to Highway 95 as part of the Design Review Phase.
Any future development on the property on the vacant north portion not being used by the applicant at the present time would be required to meet the C-2 District development standards and “Substantially Conform” to the General Development Plan excepting any specific conditions contained in any ordinance approving the Planned Development rezone and will be required to go through the design review process where applicable.
COMMENTS RECEIVED FROM OTHER DEPARTMENTS/AGENCIES:
All utility company comments regarding location of services and easement specific requirements shall be addressed during the Design Review process. ADOT will address access to Highway 95 as part of the Design Review Phase. They do not object to the Rezoning.
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 following General Plan Goals and Policies support the requested rezoning:
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.
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(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. The property is currently designated the appropriate land use category for the requested zoning and use.
b. The exceptions from the standards of the underlying district are warranted by the design and amenities incorporated into the development plan and program.
All aspects of the proposed project will be required to meet the requirements of the Development Code except for any exceptions granted as requested by the applicant as part of the Planned Development approval. The exceptions below are attempting to address neighbor concerns and provide a fresh, appealing design concept to the public for the new development.
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 Hwy 95 traffic and noise and Light Industrial (LI) zoning to the east and the residential to the west, and will be similar in nature to existing commercial development to the north along Kiowa Avenue. The General Development Plan includes several features designed to protect the surrounding neighborhood from the impacts of the development as shown on the drawings attached to this report.
d. The system of ownership and the means of developing, preserving, and maintaining open spaces is suitable.
The property is owned by a company that has the experience and means to execute the project, including provision and maintenance of open spaces and buffer zones around the development.
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 property is currently a vacant, underutilized parcel of land located adjacent to a major highway. It borders high-intensity commercial development and contains monitoring wells, with additional industrial development situated across the highway. These factors render the property less suitable for residential development and more appropriate for commercial use.
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 one phase and may be achievable within 3 years. The undeveloped remainder portion will remain for future development.
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.
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.
SPECIFIC RELIEF REQUESTED FROM C-2 STANDARDS:
The applicant requests that deviation from the following specific standards be included in any recommendation regarding, or future ordinance approving, the rezoning and the accompanying General Development Plan:
1. Side setbacks shall be 20 feet.
2. Rear setbacks shall be 35 feet.
3. Main building pad elevation set at +/- 577.5 feet.
4. Maximum height of the main building shall be 36 feet.
5. Maximum height of the tower roof feature of the showroom set at 45 feet.
6. Maximum height of the perimeter showroom building set at 25 feet.
7. Proposed showroom building on the setback to satisfy the requirements of a wall/buffer with the neighboring properties.
8. Proposed site plan shall be considered the approved plan of development for the PD approval.
9. Any future use on the unused portion of lot will conform to the C-2 District standards and permit any C-2 General Commercial uses.
CITIZEN’S MEETING:
Two Citizens’ Meetings regarding the proposed rezonings were held on April 25 and June 27, 2024. Several neighbors attended both meetings and there were significant disagreements with the project voiced at both meetings. Citizen Meeting Reports are attached.
ATTACHMENTS:
Area Map
Zoning Map
General Plan Map
Ordinance No. 08-936
Applicant Letter of Intent
Traffic Impact Statement
General Development Plan - Site Plan
General Development Plan - Site Sections
General Development Plan - Conceptual Design Plans
Neighborhood Meeting Report 1 - Redacted
Neighborhood Meeting Report 2 - Redacted
SUGGESTED MOTION::Recommended Action
I move to recommend approval of Land Use Action 24-4488 to the City Council, approving a Planned Development Rezone and General Development Plan for 2801 Highway 95 North from Limited Commercial District/Planned Development to General Commercial District/Planned Development, and Approving a General Development Plan with the specifically requested deviations from the Development Code as stated in the Staff report.