Lake Havasu City Planning & Zoning Commission Regular Meeting – June 19, 2024

The Lake Havasu City Planning & Zoning Commission met on Wednesday, June 19, 2024, scheduled for 9:00 a.m. and called to order at 9:07 a.m., in the Council Chambers at 92 Acoma Boulevard S. The meeting adjourned at 10:41 a.m. Nine commissioners were present; Commissioner Matthew Mitchell was absent. The Commission approved prior meeting minutes, approved a conditional use permit extension for Yard City, and held the first public hearing on a Major General Plan Amendment for 1850 Bahama Avenue. Planning Division Manager Chris Gilbert also reported that City Council recently approved a rezone at 2305 Victoria Farms Road and a minor General Plan Amendment/Planned Development rezone at 2778 McCulloch Boulevard N.

Consent Calendar

• Minutes (ID 24-4348): The Commission approved the June 5, 2024, Planning & Zoning Commission Regular Meeting minutes by a 7-0 vote. Commissioner Harris made the motion, seconded by Commissioner Ballard.

Discussion Items

Yard City Conditional Use Permit Extension (ID 24-4307)

• Staff report: Staff presented a request to adopt Resolution No. 24-07, extending the conditional use permit (CUP) for Yard City at 2101 McCulloch Boulevard N., Tract 100, Block 5, Lot 17, in the MU-UMS District. The property is approximately 0.28 acres and has been used since 2019 for First Friday events. The extension is needed so the event can continue operating until it relocates to the Downtown Catalyst project.
• Applicant testimony: James Gray, Director of the Partnership for Economic Development, said Yard City has hosted more than 40 events and was built to demonstrate the need for downtown event space. He reported that Placer.ai cell-phone tracking measured 7,900 unique visitors during a 3.5-hour geofenced event in December 2023. He thanked the Janecek family, the property owners, for agreeing to restore the site after the move.
• Conditions: Staff recommended approval with conditions including a term ending no later than 30 days after completion of the Downtown Catalyst project, or two years if that project does not occur; locked gates when not in use; no paving requirement for the temporary parking area; restoration of the lot to its original condition after relocation; and an annual fire inspection with compliance within 30 days.
• Public testimony: No members of the public testified on this item.

Major General Plan Amendment – 1850 Bahama Avenue (ID 24-4308)

• Process: Staff explained this was the first of three public hearings. The second Planning & Zoning Commission public hearing will be held July 17, 2024, and will also consider the rezone and general development plan. The third public hearing will be before the City Council on August 13, 2024. No action or recommendation on the amendment was taken at this meeting.
• Proposal: The applicant, Austin Springer of Studio KDA, requests changing the Future Land Use Map designation for approximately 14.08 acres (staff described it as about 14.1 acres) from High Density Residential to Resort Related-Mainland. The project would be a three-phase resort with 221 units; Phase I would include about 45 units, a surf/wave pool, a cliff-diving feature, two restaurants, and a deli-style marketplace.
• Applicant statement: Springer said the General Plan Amendment is needed so the amenities can be open to the public for a fee, rather than being limited to residents and guests. He noted the current zoning allows 20 dwelling units per acre, or just under 300 units, while the proposal is about 220 units, roughly 75 fewer than currently permitted. The proposed buildings would be five stories, or about 65 feet, with at least 100-foot setbacks from single-family residences. He said the project is not a timeshare, would compete with vacation rentals, and would have professional on-site management.
• Commission questions: Commissioners asked about unit ownership mix, building height and a future height exception, public access to the pool and restaurants, whether the traffic study accounted for winter or “snowbird” traffic, and staffing plans. Springer said the ownership model is still being studied, the height exception would be requested as part of the future Planned Development/rezone application, and the amenity would be a commercial, fee-based facility rather than a public pool.

Public Comments & Testimony

• Yard City item: No public comments were made.
• Bahama Avenue Major GPA hearing: Multiple residents testified:
  • Katrin Phillips, a full-time resident, said she believed the 300-foot notification radius excluded the Bahama Apartments and included storage units; she requested a light-pollution study and a comparison of resort water use versus residential water use.
  • Charles Taylor, a 24-year resident, expressed concern that fire and emergency medical resources and staffing cannot safely support a project of this scale, citing the lack of a nearby station and equipment.
  • David Tobar raised concerns about traffic, noise, lighting, parking, water, and pool/amenity operating hours, and said he did not believe the project would be successful in that location.
  • Marsha Bailey opposed the project, citing a lack of forward-thinking infrastructure, egress problems in other developments, and shortages of veterinarians, medical care, childcare, and other services.
  • Kevin McCurry, President of the Bahama Shores HOA, expressed support for the project, calling development of the property inevitable, but requested construction traffic mitigation, dust and noise restrictions, lighting controls, no on-street parking, quiet hours, and a community-based oversight committee.
  • Dave Wijnhamer raised concerns about neighborhood shortcut traffic, the median on Lake Havasu Avenue, staffing competition with local businesses, outdoor entertainment, quiet hours, and lighting.
  • Sandra Blair raised concerns about water, density, infrastructure, lighting, traffic, and noise, and said developers should pay for infrastructure improvements rather than taxpayers.
  • Johanna Mitchell, a Grand Bahamas resident, said the intersection of Lake Havasu Avenue and Bahama Avenue is dangerous due to limited sight distance, the median, speeding, u-turns, and carwash traffic.
  • John Lawson, a Grand Bahamas resident, opposed the project, questioned earlier statements that it would not be a timeshare, and cited traffic, speeding, and repeated damage to his condo complex’s wall.
  • Jim Foltz raised concerns about lighting and building height, and opposed setting a precedent for five-story buildings in the city.
  • Patricia Brodeur raised concerns about water use and emergency-services capacity, and said developers should contribute to police, fire, and school needs.
  • Bob Smith raised concerns about water consumption and evaporation during an ongoing drought, and about traffic congestion at Acoma Boulevard and Industrial Boulevard.
  • Kelly Chapman questioned the unit sizes and affordability, worried about impacts on existing multifamily buildings, and doubted the community has enough jobs or services to support the project.
  • Gary Davis, who lives behind the property, objected to the height, lighting, noise, traffic, water use, and parking, and said the project would harm his property value and enjoyment.
  • Robert Peterson, a retired physician, asked whether the Fire Department is prepared for emergencies in tall buildings, recommended reviewing how building height is calculated, and said the project does not fit the city’s design or aesthetics.
  • Toni Berger objected to the project and asked how parking and traffic would be handled for public access to the amenities, saying the city needs to determine a clear vision and stick to it.
• Applicant response: Austin Springer said the applicant is willing to include all residents, plans to comply with the city’s lighting and dark-sky standards, will explore water-efficient practices such as laundry conservation, hopes additional tax revenue will help public safety, and will continue working on traffic calming. He reiterated that the project will not be a timeshare, that the pool amenity would be a commercial facility open for a fee, and that competing with vacation rentals could return some single-family homes to workforce housing.

Call to Public

• Sandra Blair suggested the city implement impact fees for future developments to help cover infrastructure, emergency services, schools, and other costs.
• John Lawson asked whether the public can participate remotely in the upcoming July 17 and August 13 meetings. Staff said limited remote access may be available and written comments can be submitted.
• Jim Mitchell asked where the public can view the traffic study. City Attorney Kelly Garry said the Commission could not continue discussing the prior item but staff would be available after the meeting.
• Bob Smith asked why impact fees have not been applied to developments such as the island and suggested new-home impact fees could help pay for a second bridge.
• Dave Wijnhamer recommended expanding the notification radius for upcoming projects, saying he did not receive a postcard about this proposal.

Key Outcomes

• Yard City CUP extension approved: The Commission approved Resolution No. 24-07 by a 7-0 vote, with a motion by Commissioner Ballard and a second by Commissioner Dzuro, subject to the conditions in the resolution.
• Record of public hearing directed: The Commission directed staff to prepare a record of the Bahama Avenue public hearing for inclusion in the July 17, 2024, second Planning & Zoning Commission hearing. The motion by Commissioner Ballard was seconded by Commissioner Harris and passed 7-0.
• No action on Major GPA: No recommendation was made on the 1850 Bahama Avenue General Plan Amendment at this meeting. Further hearings are scheduled for July 17, 2024, before the Planning & Zoning Commission and August 13, 2024, before the City Council.
• Future meetings: The July 3, 2024, regular Planning & Zoning Commission meeting is canceled. The next regular meeting will be July 17, 2024, at 9:00 a.m. in the Lake Havasu City Municipal Courthouse Meeting Room at 92 Acoma Blvd S., with overflow parking at City Hall and courthouse security screening.