COUNCIL COMMUNICATION
TO: Honorable Mayor and Council
FROM: Jeff Thuneman, Development Services Director
SUBJECT:Title
Adopt Ordinance No. 24-1331 Approving a Rezone of 7000 Chenoweth Drive, APN 120-03-027, a 10-Acre Metes & Bounds Parcel, from A-P (Agriculture/Preservation) District to LI (Light Industrial) District (Trevor Kearns)
Body
FUNDING SOURCE:
N/A
PURPOSE:
To approve a developer-filed application requesting approval of a rezone of 7000 Chenoweth Drive, a 10-acre metes and bounds parcel, from A-P (Agriculture/Preservation) District to LI (Light Industrial) District.
BACKGROUND:
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Application No.: |
24-4230 (P&Z #24-00400001) |
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Property Legal: |
APN 120-03-027 Metes and Bounds Description |
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Address: |
7000 Chenoweth Drive |
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Lot Size: |
10 acres |
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Applicant: |
Horrocks Engineers, Russell Skuse |
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Owner: |
Marian Jane Schaefer |
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Staff Project Manager: |
Chris Gilbert |
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Current/Proposed Zoning: |
A-P (Agriculture Preservation) to LI (Light Industrial) |
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Existing/Proposed Use: |
Vacant/Industrial |
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Proposed Number of Lots/Units: |
N/A |
PROPERTY AND APPLICATION BACKGROUND AND SITE ANALYSIS:
Access to the property is from N. Highway 95 onto Chenoweth Drive then through an access point at the southwest corner of the property.
The subject property is approximately 10 acres and is currently vacant and zoned Agricultural-Preservation (A-P). In 2021, the subject property was inadvertently changed to Light Industrial (LI) when an update to the zoning map was made for a rezone of an adjacent property. This error was discovered during design review of the applicant’s submittal to develop the property. The map was corrected to show Agricultural-Preservation (A-P) and the applicant was notified of the need to pursue this rezoning.
The abutting properties are a mix of undeveloped properties and open and closed storage uses. The property to the east is zoned Agricultural-Preservation (A-P) and is vacant. To the north is an Agricultural-Preservation (A-P) zoned property. To the West is an outdoor storage lot, zoned Industrial (I). To the south is a vast area of State of Arizona owned land.
The property lies outside the City’s water service area. EPCOR Utilities is the water utility provider for the property, but the applicant has already installed a well on the property to serve its needs. Wastewater service is not available to the property at this time and the Developer has approval for installation of a septic system on the site.
Area and Zoning Maps are included as attachments.
The Agricultural Preservation (A-P) zoning district in the northern area of Lake Havasu is generally a holding zoning for undeveloped portions of the City. The A-P zoning was assigned to the property because it most closely matched Mohave County’s zoning for the property when it became part of the City. When a property owner wishes to develop the property, they will ask for an appropriate zoning district to be assigned to the property through the re-zone process. The General Plan’s future land use map designates the entire area as Employment, which suggests industrial uses are appropriate in the area.
The applicant’s Citizens’ Meeting Letter states a desire to rezone the property to LI to allow a storage unit complex, which is an allowed use in the LI zoning district.
A Citizens’ Meeting was held on March 25, 2024. None of the invitees attended the meeting. The Citizens’ Meeting Summary is provided as an attachment.
COMMENTS FROM OTHER REVIEWERS:
No objections were received from any other reviewing agencies or departments.
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.
GROWTH MANAGEMENT
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.b - Adequate public facilities: Allow development outside the Water Resources Boundary only if an identified minimum level of public facilities is available or can be made available in conjunction with development.
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.
GUIDING PRINCIPLE LU.1: A BALANCED LAND USE PATTERN
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.
GUIDING PRINCIPLE SA.1: REDUCED RISK AND EFFECTS OF FROM NATURAL AND MANMADE HAZARDS
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 PROPERTY:
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 within an Employment area. Any industrial development allowed within the zoning district would be in keeping with existing adjacent properties, many of which have been rezoned to either Industrial or Light Industrial in recent years.
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 already exist in the vicinity of the subject property. Any specific development will be required to secure design review and building permit approval and meet engineering requirements.
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, being approximately 10 acres in size.
Section 14.05.04(K)(6)(c)(2)
The public need for industrially zoned property is demonstrated in the General Plan and is best met in isolated areas of the City such as the proposed location for this application, where other heavy industrial and storage uses already exist, and not too far away, the airport to the north and the landfill to the east.
Section 14.05.04(K)(6)(c)(3)
The public need for this type of development is best met by property being zoned appropriately for industrial uses in appropriate areas of the City, including the subject property.
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, except water and wastewater, are readily available to the property or within a reasonable distance. The applicant has installed a well under permit and is also approved for a septic system on the site.
Section 14.05.04(K)(6)(c)(6)
Sewer service is not currently available. The property will be required to connect to sewer if/when it is made available in this area. The rezone will have no adverse impact to existing drainage or wastewater systems. Any development on the property will have to meet all engineering standards for handling wastewater and storm drainage generated by the project.
PLANNING COMMISSION ACTION AND STAFF RECOMMENDATION:
At its April 3, 2024, meeting, the Planning Commission approved this application 7-0. The only speaker was a representative of the applicant.
Staff finds that this request meets the criteria necessary for approval of a rezoning action and therefore recommends approval of Land Use Action No. 24-4230, a rezone of 7000 Chenoweth Drive, APN 120-03-027, a 10-acre metes & bounds parcel, from A-P (Agriculture/Preservation) District to LI (Light Industrial) District.
COMMUNITY IMPACT:
The rezoning of the subject property will permit industrial related services in an appropriate area of the City.
FISCAL IMPACT:
N/A
ATTACHMENTS:
Ordinance No. 24-1331
Area Map
Zoning Map
Preliminary Site Plan
Citizens’ Meeting Summary
SUGGESTED MOTION:Recommended Action
I move to adopt Ordinance No. 24-1331 approving a rezone of 7000 Chenoweth Drive, APN 120-03-027, a 10-acre metes & bounds parcel, from Agriculture/Preservation District to Light Industrial District.