COUNCIL COMMUNICATION
TO: Honorable Mayor and City Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Discussion and Action: Ordinance No. 24-1348 Approving the General Development Plan and Rezone of 2801 Highway 95 North, Tract 2277, Block 2, Lot 19, and the Vacated Cul-de-Sacs of Deepwater Drive and Cactus Wren Lane, 10.29 Acres, from Limited Commercial District/Planned Development (C-1/PD) to General Commercial District/Planned Development (C-2/PD) to Accommodate a Vehicle Sales Development and Approving Specific Requested Exceptions (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 will permit a new vehicle sales establishment to be placed on property the applicant purchased from the City that is presently zoned for Limited Commercial/Planned Development (C-1/PD).
BACKGROUND:
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Application No.: |
24-4503 (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 Highway 95 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
BACKGROUND:
The subject property was put up for public auction twice in 2023, the first time receiving no qualifying bids. The second time, an online auction was held by GovDeals.com on January 25, 2024, with three total bids received with only one meeting the minimum qualifying bid amount, based on the appraisal. The sale agreement with the applicant included a requirement to sign an “Agreement to Revert Property” back to the City if certain development timeframes for the property were not met, including building permits being issued within 36 months of the date of the winning bid date of January 25, 2024, and a Certificate of Occupancy issued within 72 months of this same date.
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 contaminant monitoring wells on the property that the applicant will provide access to for maintenance and monitoring purposes to the Arizona Dept. of Environmental Quality (ADEQ) per the purchase agreement with the City. 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/PD 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 neighborhoods 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 Lane. A traffic impact statement has been provided, which is attached. While the Arizona Department of Transportation (ADOT) does not object to this rezone application being considered, it will be significantly involved later during the design phase to address all connection issues between the project and Highway 95.
Future development of Phase II as identified on the General Development Plan will require an amendment to the Planned Development.
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 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 EXECEPTIONS REQUESTED FROM C-2 STANDARDS:
The applicant requests that the following exceptions from Development Code 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 features of the showroom set at 45 feet.
6. Maximum height of the perimeter showroom building set at 25 feet.
7. Showroom building constructed on the side and rear setback, as stated above, to satisfy the requirements of a wall/buffer between the neighboring properties.
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.
COMMENTS RECEIVED FROM OTHER REVIEWERS:
All utility company comments regarding location of services and easement specific requirements shall be addressed during the Design Review process.
The Arizona Department of Transportation (ADOT) does not object to this rezone application being considered, but it will be significantly involved later during the design phase to address all connection issues between the project and Highway 95.
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 the 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 approval of the Rezoning and General Development Plan approval requested by this application at its October 2, 2024, meeting.
COMMUNITY IMPACT:
The proposed amendment, if approved, would facilitate the development of the subject property into a vehicle sales establishment, to be known as Anderson Powersports, that would sell a mix of vehicles related to off-roading and lake-related activities.
FISCAL IMPACT:
A vehicle sales establishment should generate revenue to the applicable taxing entities throughout the life of the business at the proposed location.
ATTACHMENTS:
Ordinance No. 24-1348
Area Map 24-4503
Zoning Map 24-4503
General Plan Map 24-4503
Ordinance No. 08-936
Letter of Intent - Amended
Traffic Impact Statement - Sealed
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 adopt Ordinance No. 24-1348 approving the General Development Plan and Rezone of 2801 Highway 95 North, Tract 2277, Block 2, Lot 19, and the vacated Cul-de-Sacs of Deepwater Drive and Cactus Wren Lane from Limited Commercial District/Planned Development to General Commercial District/Planned Development to accommodate a vehicle sales development and approving specific requested exceptions.