File #: ID 24-4155    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 2/22/2024 In control: City Council
On agenda: 3/12/2024 Final action:
Title: Adopt Ordinance No. 24-1328 Amending the Zoning Classification and District Boundary for 2205 Victoria Farms Road, APN 120-03-045, a 30-acre Portion of Planned Development No. 07-00200005, from Light Industrial/Planned Development District (LI/PD) to Industrial District (I) (Trevor Kearns)
Attachments: 1. Ordinance No. 24-1328, 2. Area Map, 3. Tract Map, 4. Zoning Map, 5. Approved Planned Development, 6. Letter of Intent, 7. Citizens Meeting Summary, 8. Permitted Uses Table

COUNCIL COMMUNICATION

 

 

 

TO:                                          Honorable Mayor and Council

 

FROM:                     Jeff Thuneman, Development Services Director

 

 

SUBJECT:Title

Adopt Ordinance No. 24-1328 Amending the Zoning Classification and District Boundary for 2205 Victoria Farms Road, APN 120-03-045, a 30-acre Portion of Planned Development No. 07-00200005, from Light Industrial/Planned Development District (LI/PD) to Industrial District (I) (Trevor Kearns)

Body                     

 

FUNDING SOURCE:

N/A

 

PURPOSE:

To adopt an ordinance amending the zoning classification and district boundary for 2205 Victoria Farms Road, APN 120-03-045, a 30-acre portion of Planned Development No. 07-00200005, from Light Industrial/Planned Development District (LI/PD) to Industrial District (I).

 

BACKGROUND:

 

Application No.:

24-4155 (P&Z #23-00400001)

Property Legal:

APN 120-03-045 Metes and Bounds Description

Address:

2205 Victoria Farms Rd.

Lot Size:

30-acres

Applicant:

Copper Leaf Holdings, LLC.

Owner:

Copper Leaf Holdings, LLC.

Staff Project Manager:

Trevor Kearns

Current/Proposed Zoning:

LI/PD (Light Industrial/PD) to I (Industrial)

Existing/Proposed Use:

Vacant/Vacant

Proposed Number of Lots/Units:

N/A

Density:

N/A

 

SITE ANALYSIS:

This rezone request was originally brought to Council on June 13, 2023, and the Council postponed a vote until the violations for illegal grading and illegal storage containers were remedied.  Since then, the owner has satisfied the illegal grading per the Lake Havasu City Engineering Division and removed all the storage containers.

 

 

Access to the property is from Chenoweth Drive to Victoria Farms Road.

 

The subject property is approximately 30 acres and is currently vacant; it includes a large concrete slab that used to be a roller hockey rink. The adjacent properties are not developed with any structures. The properties to the west, north, and south are zoned LI (Light Industrial). The properties to the east are zoned LI/PD (Light Industrial/Planned Development) and I (Industrial). The property to the southeast is zoned LI/PD. Area and Zoning Maps are included as attachments.

 

PROPERTY AND APPLICATION BACKGROUND:

In 2007, the City Council approved Planned Development No. 07-00200005, which included 160 acres along Victoria Farms Road for the Pinnacle RV Resort (now known as Havasu RV Resort). The subject property is located within the originally approved Havasu RV Resort. The western-most 40 acres is fully developed as Phase I. The adjacent 120 acres to the east was proposed for Phase II. The subject property was to be part of Phase II of the proposed RV resort, to include approximately 400 RV lots. The new owners of the subject property request to remove the parcel from the planned development and rezone the property to an Industrial designation. To date, 59 acres of the originally approved 120-acre RV Resort Planned Development have been removed from the PD and rezoned to Light Industrial or Industrial. The approved General Development Plan for that project is provided as an attachment.

 

The applicant’s attached Letter of Intent states a desire to rezone the property to Industrial and there is no development or building planned or anticipated at this time.

 

The Permitted Uses Table is provided as an attachment.

 

A virtual Citizens’ Meeting was held on March 30, 2023, at 10:00 a.m. Lake Havasu City Planning staff member Trevor Kearns was the only person to attend the meeting.  The Citizens’ Meeting Summary is provided as an attachment.

 

GENERAL PLAN CONFORMANCE:

The Future Land Use Map of the General Plan designates this area as Employment. 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.

 

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.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.

 

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.

 

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 Employment. Any industrial development allowed within the zoning district would be in keeping with existing adjacent properties.

 

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 are allowed within the proposed zoning district. Any specific development will be required to secure building permit approval.

 

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.

 

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

The current public need for industrially zoned property is demonstrated throughout the General Plan as well as within the local real estate market.

 

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

The public need is best met by property being zoned appropriately for industrial uses.

 

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

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

 

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

All utilities can be made available in conjunction with development.

 

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

The subject property is included within a City drainage and sewer service district and may require new sewer infrastructure thus having no adverse impact to the existing wastewater systems.  The subject property is located outside the City water service area and is within EPCOR’s water service area.

 

COMMENTS FROM OTHER REVIEWERS:

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

 

The Airport Manager advised that the property is located under the final approach for runway 32, as well as the instrument approach to the airport. That being said, there will be a lot of aircraft traffic over the property, but it will not conflict with any existing or future developments of the airport. Potentially, the biggest concern would be aircraft traffic over the area.

 

The Planning Commission heard this request at its May 3, 2023, meeting and the motion to approve was denied by a vote of 3-4.  The dissenting voters did not state the reason they voted to deny the request. Video of the Planning Commission’s meeting may be viewed at the following web site: <https://lakehavasucity.legistar.com/Calendar.aspx>

 

COMMUNITY IMPACT:

N/A

 

FISCAL IMPACT:

N/A

 

ATTACHMENTS:

Ordinance No. 24-1328

Area Map

Tract Map

Zoning Map

Approved Planned Development

Letter of Intent

Citizens’ Meeting Summary

Permitted Uses Table

 

SUGGESTED MOTION:Recommended Action

I move to adopt Ordinance No. 24-1328 amending the zoning classification and district boundary for 2205 Victoria Farms Road from Light Industrial/ Planned Development to Industrial.