Amended LHC Complaint

BEUS GILBERT PLLC
1 ATTORNEYS AT LAW
4800 NORTH SCOTTSDALE ROAD
2 SUITE 6000
SCOTTSDALE, ARIZONA 85251
3 TELEPHONE (480) 429-3000
4 Paul E. Gilbert/AZ Bar No. 002946

Franklyn D. Jeans/AZ Bar No. 004657
5 Cory L. Broadbent/AZ Bar No. 024049
6
pgilbert@beusgilbert, com
fjeans@beusgilbert, com
7 cbroadbent@beusgilbert.com
A tto rneys for Plaintiff
8
IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
9
IN AND FOR THE COUNTY OF MOHAVE
10
RESCUE THE REFUGE, LLC, an Arizona Case No." CV2010-02635
11 limited liability company,
FIRST AMENDED COMPLAINT
12 Plaintiff, AND PETITION FOR
DECLARATORY JUDGMENT
13
VS. REGARDING VALIDITY OF
14 ANNEXATION
LAKE HAVASU CITY, an Arizona political
15 subdivision, (Assigned to the Honorable Lee F.
Jantzen)
16 Defendant.
17
18
Plaintiff, by and through undersigned counsel, for its First Amended Complaint
19
against the Defendant, alleges as follows:
20
PARTIES• JURISDICTION• AND VENUE
21
Refuge, LLC (hereinafter referred to as "Plaintiff') is an
Plaintiff Rescue the
Arizona limited liability company whose membership is comprised of residents of, or owners
22
of real property in, Lake Havasu City, Arizona.
23
2. Defendant Lake Havasu City (hereinafter referred to as the "City") is a
24
political subdivision of the State of Arizona.
25
::ODMA\PCDOCS\BGD\I 1819•2
1 The events alleged in this Complaint occurred within Mohave County, State of
2 Arizona.
3 4. This Complaint concerns real property located in Mohave County, State of
4 Arizona and the annexation of real property by the City.

5 5. This Court has jurisdiction over this action pursuant to A.R.S. § 12-123 and
6 A.R.S. § 9-471.
7 6. Venue lies in this Court pursuant to A.R.S. § 12-401.
8 GENERAL ALLEGATIONS
9 INTRODUCTION
10 7. This case concerns the annexation of two parcels of property into the City,
11 namely:
12 A. Parcel E, comprised
approximately 43.53 acres, located at 3275
of
13 Latrobe Drive, Lake Havasu City, and identified as Assessor Parcel No.
14 120-46-365 ("Parcel E"); and
15 B. Parcel F, approximately 3.86 acres, located at 3100 Arnold

comprised of
16 Palmer Drive, Lake Havasu City, and identified as Assessor Parcel No.
17 120-46-366 ("Parcel F"). [Exhibit 1, Parcel Map].
18 8. Parcels E and F are part of a subdivision known as The Refuge at Lake Havasu
19 (hereinafter referred to as "The Refuge" or the "Subdivision").

20 II. DEVELOPMENT OF THE REFUGE
21 9. The developed originally by an entity named Zenn LHC, LLC

Refuge was
22 (hereinafter referred to as the "Original Developer").

23 10. The Original Developer commenced planning and construction of The Refuge
24 in early 2000.
25
2
::ODMA\PCDOC S\BGD\ 118195\
1 11. As part of the development, the Original Developer submitted plans, plats and
2 applications to Mohave County (hereinafter referred to the County) seeking approval of the
3 Subdivision.
4 12. After the Original Developer's first entitlement submittal, on September 28,
5 2000, the County advised the Original Developer that certain issues needed to be addressed
6 before the County would approve the Subdivision, including, inter alia:
7 A. A conservation easement for the golf course needed to be established
8 "to ensure the durability of this feature of the subdivision";

9 B. Each separate parcel of property, including the golf course parcels,
10 needed to be identified by their own separate parcel labels on a
11 submitted plat; and

12 C. The Original Developer
identify the "RV Storage Site" and
needed to
13 advise the purpose of such a site. [Exhibit 2, September 28, 2000
14 Correspondence (emphasis added)].

15 13. In to response the County's request, the Original Developer represented that
16 the RV Storage Site's use would be limited to the storage and washing of RV's. Thus, the
17 Original Developer committed that the RV Storage Site would not be used as an RV park.
18 14. After the Original Developer submitted a second set of documents, the County
19 responded to the second submittal by again requiting that:

20 A. A conservation easement be established "for the golf course, acceptable
21 to Mohave County to ensure the durability of this feature of the
22 subdivision"; and
23 B. The RV storage area be screened with walls or appropriate
other
24 covering. [Exhibit 3, February 15, 2001 Correspondence (emphasis

25 added)].
3
::ODMA\PCDOCS\BGD\ 118195•2
1 15. On March 2, 2001, the Original Developer responded to the County's request
2 for a conservation easement, stating:
3 Applicant has checked with various sources regarding a
conservation easement that will ensure the golf course as an
4 enduring feature of [The Refuge]. Applicant has found that
conservation easements for golf courses are rare and not the
5 preferred way to ensure that the golf course remain an enduring
feature of the community. Some municipalities have golf
6
course districts as part of their zoning code. Others stipulate
7 golf course uses as shown on approved plan. Applicant
an
would like Mohave County to consider that the golf course
8 issue be addressed with stipulations Ion an approved plan].
Correspondence (emphasis added)].
[Exhibit 4, March 2, 2001
9
16. On March 9, 2001, the Original Developer again represented that the "ogg_[_lf
10
course as an enduring feature of IThe Refuge] can be addressed with stipulations and
11
conditions [on an approved plat] versus a conservation easement." [Exhibit 5, March 9,
12
2001 Correspondence (emphasis added)].
13
17. The County agreed to the Original Developer's proposal and restricted
14
development of property within The Refuge by stipulations and conditions found in the
15
County's Resolutions and plat for the Subdivision.
16
lII. COUNTY'S APPROVAL OF THE REFUGE
17
A. Approval Resolutions
Rezoning And
18
18. Based on the Original Developer's representations and promises, Mohave
19
County granted preliminary approval to develop the Subdivision.
20
19. On December 4, 2001, the County passed Resolution No. 2001-407, providing
21
for the rezoning of property in The Refuge (the "Rezoning Resolution"). [Exhibit 6,
22
Resolution No. 2001-407].
23
24
25
4
::ODMAkPCDOC S\BGD\ 118195•2
1 20. Rezoning Resolution, the Original Developer requested a change to the
In the
2 zoning for Parcel E to zoning class C-RE (Commercial-Recreation) and Parcel F to zoning
3 class M (General Manufacturing).
4 21. C-RE zoning in Mohave County generally allows the following relevant
5 permitted uses:
6 B. Churches, schools, hospitals, public and quasi-public
buildings, parks, playgrounds, recreational areas or camps and
7 golf courses, and uses of similar purposes.
8 C. Motels, manufactured home parks, recreational vehicle
parks, resort activities, country clubs, private riding clubs,
9 parking facilities, and all other activities of similar nature and as
10 necessary for the operation and maintenance of the various
facilities, including commercial activities associated with and an
11 integral part of any of the above activities. (Emphasis added).
12 22. Notwithstanding the foregoing language and available uses, the County
13 restricted the uses allowed in the Parcels by providing in the Rezoning Resolution that it
14 would approve the rezoning subject only to the following:
15 1. THE REFUGE AT LAKE HAVASU, Tract 3701, will be

rezoned to C-RE (Commercial Recreation), and M (General
16 Manufacturing) as shown on the Zoning Exhibit.
17 2. The Rezone will be effective upon the recordation of
the Final Plat of THE REFUGE AT LAKE HAVASU, Tract
18 3701, and the Rezone shall not become effective until at least 30
days after final approval of the change in classification by the
19 Board of Supervisors, as per ARS 11-829E.
20 3. The lot size minimum will be based on the size of the
lots recorded on the Final Plat with no further lot splits.
21
[Exhibit 6, Resolution No. 2001-407 (emphasis added)].
22
23. In light of the specific terms of the County's Rezoning Resolution, and the
23 negotiations between the County and the Original Developer, it is clear that the County
24
25
5
::ODMA•P CDOCS•BGD\ 118195•,2
1 limited the zoning of Parcel E to uses identified on the Final Plat and that the "lots recorded
2 on the Final Plat" could not be further subdivided.
3 24. foregoing is consistent with subsequent Resolutions enacted by the

The
4 County. For example, on the same date the Rezonmg Resolution was passed, the County
5 passed Resolution No. 2001-408, which provided preliminary approval for the Subdivision's
6 plan (the "Preliminary Approval Resolution"). [Exhibit 7, Resolution No. 2001-408].
7 25. In the Preliminary Approval Resolution, the County acknowledged that the
8 "central feature of the subdivision is an 18-hole professional golf course" and provided that,
9 in order to ensure that the golf course remain an enduring feature of The Refuge, the lots
10 within "the recorded Final Plaf' could "not be further divided." [Exhibit 7, Resolution No.
11 2001-408].
12 26. The Preliminary Approval Resolution also acknowledged that the Subdivision
13 would be limited to 360 lots, rather than the 600 proposed by the Original Developer.
14 27. The County's limitation on uses permitted under The Refuge's zoning is
15 further manifest by correspondence from the Original Developer. On January 24, 2001, after
16 the Rezoning Resolution and Preliminary Approval Resolution passed, the Original
17 Developer revised the fmal plat to conform to the County's requirements, including making
18 "corrections to the final plat to show the intended/approved uses for each parcel on the
19 •iat." [Exhibit 8, January 24, 2002 Correspondence (emphasis added)].

20 28. On April 2, 2002, the County issued another Resolution approving the
21 Preliminary Subdivision Plan, reaffirming that the golf course was the "central feature of the
22 subdivision" and that lots "within the recorded Final Plat of this subdivision |couidl not
23 be further divided." [Exhibit 9, Resolution No. 2002-98 (emphasis added)].

24 29. Then, on August 20, 2002, after the Original Developer had satisfied additional
25 requirements, the County issued a final Resolution in which the County confirmed that the
6
::O DMA.kPCDOCS\BGD\ 118195•2
1 "[llots and parcels within the recorded Final Plat for The Refuge will not be further
2 divided." [Exhibit 10, Resolution No. 2002-281 (emphasis added)].
3 B. The Final Plat
4 30. On September 24, 2002, the County approved the Final Plat of The Refuge.
5 [Exhibit 11, Final Plat].
6 31. provides clearly that Parcels A through F are designated as
The Final Plat
7 "Golf Course/DE" and, pursuant to the County's Resolutions, cannot be further divided.

9 32. The golf course, and its related structures, are identified and marked on the
10 Final Plat, pursuant to the County's requirements, which limit the uses for each parcel.

12 33. In light of the language of the County's Resolutions, the designation of land
13 uses on the Final Plat, and the Original Developer's representations to the County, it is clear
14 that the zoning for Parcels E and F is limited to those uses listed on the Final Plat and that the
15 Parcels could not be further divided.
16 IV. TRANSFER OF PROPERY AND RIGHTS TO CITY CENTER
17 34. The Original Developer obtained a loan for The Refuge from Home Federal
18 Savings Bank ("Home Federal").
19 35. The Original Developer sustained financial difficulties and defaulted on its
20 loan to Home Federal.
21 36. On August 6, 2009, Home Federal foreclosed on its Deed of Trust and
22 acquired title to those Refuge parcels not sold to third-parties previously, including the
23 Parcels.
24 37. On September 30, 2009, City Center Executive Plaza, LLC ("City Center")
25 purchased the Refuge property held by Home Federal.
7
:•ODMA•PCDOCS\BGD\ 118195\2
1 Accordingly, City Center stands in the
38. shoes of the Original Developer and is
2 subject to, and burdened by, the zoning of the Parcels and the Original Developer's
3 agreements and obligations to the County.
4 V. ANNEXATION AND REZONING OF TItE PARCELS
5 39. After City Center purchased its property from Home Federal, it devised a plan
6 to remove 38 acres from the golf course, specifically on Parcels E and F, for the purpose of
7 constructing an RV park thereon.
8 40. City Center has persisted with this plan despite the restrictions placed on The
9 Refuge by the County, the Resolutions, the Final Plat, and opposition from lot owners within
10 The Refuge.
11 41. redevelop The Refuge, on or about June 1, 2010, City

As part of its effort to
12 Center submitted an annexation application to the City (the "Annexation Application").
13 [Exhibit 12, Annexation Application].

14 42. In its Annexation Application, City Center requested that the City annex
15 Parcels E and F and advised the City that it intended to subdivide the Parcels and place
16 approximately 264 RV pads thereon. [Exhibit 12, Annexation Application].

17 43. In its Annexation Application, City Center suggested that, rather than seek
18 zoning that corresponds to the approved uses of the Parcels, the City should annex the
19 Parcels, rezone Parcel E as C-R (Commercial Residential zoning), and use "restrictive
20 covenants in a pre-annexation agreement to restrict any uses that are greater in use than the
21 current Mohave County zoning." [Exhibit 12, Annexation Application].
22 44. Pursuant to Lake Havasu City's Code, the "C-R Zoning District is applied to
23 areas characterized by or appropriate for a "variety of visitor-serving retail, service, and
24 lodging uses." Such uses are not in conformity with the limited uses allowed by Mohave
25 County for The Refuge.
8
:ODMA•PC 13OCS•B GD\ 11819F•2
1 45. On October 12, 2010, the Mayor and City Council of the City approved a
2 Development and Annexation Agreement with City Center regarding the Parcels (the
3 "Annexation Agreement"). [Exhibit 13, Annexation Agreement].
4 46. In the Annexation Agreement, the City and City Center acknowledged that
5 A.R.S. § 9-471(L) requires a city annexing an area to adopt zoning that "permit[s] densities
6 and uses no greater than those permitted by the county immediately before annexation."
7 [Exhibit 13, Annexation Agreement].

8 47. Despite this statutory limitation, rather than annex and zone the Parcels so that
9 their densities and uses were no greater than those permitted by Mohave County (such as is
10 found in zoning classification "C-P," which applies to parks and areas developing at the
11 fringe of the City), the City and City Center provided in the Annexation Agreement that
12 Parcel E would be zoned C-R (Commercial Residential) and that the City would use
13 restrictive covenants to restrict uses on the Parcels. [Exhibit 13, Annexation Agreement].
14 48. zoning gerrymandering violates A.R.S. § 9-471,
Such which prohibits a city
15 from annexing an area and adopting zoning which permits "densities and uses" greater "than
16 those permitted by the county immediately before annexation."

17 49. The City also provided in the Annexation Agreement that Parcel E could be
18 used for health/fitness facilities, indoor amusement facilities, outdoor recreation facilities,
19 recreational parks, accessory retail uses, convenience stores, general retail,
vehicle
20 restaurants, offices, and personal services. Such uses are not in conformity with the limited
21 uses allowed by Mohave County for The Refuge.
22 50. Moreover, while the foregoing uses are purportedly subject to conditional use
23 permits, the City acknowledges that it "foresees no objection to granting the CUP's"
24 requested by City Center. [Exhibit 13, Annexation Agreement].
25
9
::ODMAWC DOCS\BGD\ 11819Y,,2
1 51. In Section 3 of the Annexation Agreement, in direct contravention of the
2 zoning and Resolutions of Mohave County,

City also acknowledged that City Center
the
3 "intends to subdivide the Property" for the RV park and that the City "foresees no objection
4 to granting approval of the plans" for the RV park. [Exhibit 13, Annexation Agreement].
5 52. The City held City Council meetings in which the annexation of the Parcels
6 was discussed. At those meetings, the City did not allow persons in opposition to the
7 annexation to speak freely.
8 53. On October 26, 2010, the City adopted Ordinance No. 10-1017, in which it
9 agreed to annex the Parcels under the terms of the Annexation Agreement discussed above.
10 [Exhibit 14, Ordinance No. 10-1017].
11 54. As set forth above, such annexation violates A.R.S. §9-471, thus giving rise to
12 this action.
13 COUNTI
14 (Declaratory Judgment Breach of A.R.S. § 9-471(L)

15 55. hereby incorporates by reference all allegations contained in the
Plaintiff
16 preceding paragraphs as if more fully set forth herein.
17 56. Under A.R.S. § 12-1831, et seq., Arizona's Uniform Declaratory Judgments
18 Act, "courts of record within their respective jurisdictions shall have power to declare rights,
19 status, and other legal relations whether or not further relief is or could be claimed."
20 57. Plaintiff has a protectable interest in this matter in that it represents property
21 owners within the City who will be affected by the City's annexation of the Parcels.
22
23
24 discussed at City Council meetings

Annexation of the Parcels was beyond the October 26,
25 2010. Paragraphs 52 and 71 are changed to reflect this fact.
10
::ODMA\PCDOCS•BGD\ 1819 5•2
1 58. A.R.S. § 9-471(C) provides that "any other interested party may upon verified
2 petition move to question the validity of the annexation for failure to comply with [A.R.S.
3 §9-471]."
4 59. A.R.S. § 9-471(L) provides: "A city or town annexing an area adopt
shall
5 zoning classifications which permit densities and uses no greater than those permitted by the
6 county immediately before annexation."
7 60. As more fully addressed herein, the City's annexation of the Parcels violates
8 A.R.S. § 9-471(L), because the zoning for the Parcels is not equivalent to the County's
9 previous zoning.
10 61. Specifically, the City's zoning of the Parcels is invalid because, inter alia:
11 A. Mohave County specified that the zoning for the Parcels was limited to
12 uses shown on the recorded Final Plat and that the lots on the Final Plat
13 could not be divided. Despite these zoning restrictions, the City's

14 annexation provides that City Center will be allowed to use the Parcels
15 for uses other than those specified on the Final Plat and that the Parcels
16 can be subdivided.
17 B. Mohave County specified that the Parcels' use was limited to that of a
18 golf course. By virtue of the annexation, the City has provided for uses
19 that are "greater than those permitted by the county immediately before
20 annexation."
21 C. Use of restrictive covenants and conditional satisfy

use permits does not
22 A.R.S. §9-471(L) because the City's C-R zoning and M-1P zoning still
23 allows uses that are greater than allowed under the County's zoning.
24 D. The most equivalent zoning classification within the City is "C-P," not
25 C-R.
11
::ODMAkPCDOC S\BGD\ 118195'•2
1 E. The uses allowed in the City's
zoning are vastly different and
"C-R"
2 broader than those allowed under the County's zoning. The permitted
3 uses under Mohave County zoning are generally open space oriented,
4 recreational, public and residential.

5 62. Moreover, the City's annexation of the Parcels violates A.R.S. § 9-471(L)
6 because the City's zoning allows for greater density of recreational vehicles than the
7 County's zoning.
8 63. Specifically, the City's C-R zoning does not have a density limitation for
9 recreational vehicles, while the County's C-RE zoning limits the density of recreational
10 vehicle to 20 vehicles per acre. Such an increase in density is violative of A.R.S. § 9-47 I(L).
11 64. Based on the foregoing, declaratory judgment addressing the claims in this
12 matter and establishing the invalidity of the City's annexation of the Parcels is necessary and
13 proper to determine the rights and status of the parties.

14 COUNT II
15 (Declaratory Judgment- Breach of A.R.S. § 9-471(A)

16 65. hereby incorporates by reference all allegations contained in the
Plaintiff
18 66. A.R.S. § 9-471(C) provides that "any other interested party may upon verified
19 petition move to question the validity of the annexation for failure to comply with [A.R.S.
20 §9-4711."
21 67. A.R.S. § 9-471(A)(3) provides that, in considering an annexation, the city
22 "shall hold a public hearing.., to discuss the annexation proposal. The public hearing shall
23 beheld in accordance with title 38, chapter 3, article 3.1 (A.R.S. § 38-431, et seq.).
24
25
12
1 68. A.R.S. § 38-431.01(G) provides that a "public body may make an open call to
2 the public during a public meeting to allow individuals to address the public body on any
3 issue within the jurisdiction of the public body.
4 69. A.R.S. § 38-431.05(A) provides that any action "transacted by any public body
5 during a meeting held in violation of any provision of this article is null and void
6 70. A.R.S. § 38-431.09 states that it "is the public policy of this state that meetings
7 of public bodies be conducted openly To this end, any person or entity charged with the
8 interpretation of this article shall construe any provision of this article in favor of open and
9 public meetings."
10 71. As more fully addressed above, at City Council meetings, the City failed to
11 allow persons in opposition to the annexation to speak freely, thus rendering the annexation
12 null and void.
13 72. Based foregoing, declaratory judgment addressing the claims in

on the this
14 matter and establishing the invalidity of the City's annexation of the Parcels is necessary and
15 proper to determine the rights and status of the parties.
16 COUNT III
17 (Declaratory, Judgment Improper use of Development Agreement As Zoning)

18 73. hereby incorporates by reference all allegations contained
Plaintiff in the
20 74. A.R.S. § 9-471(L) states,
21 A city or town annexing an area shall adopt zoning
classifications that permit densities and uses no greater than those
22 permitted by the county immediately before annexation.
Subsequent changes in zoning of the annexed territory_ shall be
23 made according to existing procedures established by the ci_ty or
24 town for the rezoning of land.
25 A.R.S. § 9-471(L) (emphasis added).
13
1 75. On October 12, 2010, the City approved the Annexation Agreement with City
2 Center. [Exhibit 13, Annexation Agreement].
3 76. In the Annexation Agreement,City Center acknowledged that
the City and
4 A.R.S. § 9-471(L) requires a city annexing an area to adopt zoning that "permit[s] densities
5 and uses no greater than those permitted by the county immediately before annexation."
6 [Exhibit 13, Annexation Agreement].

7 77. Despite this statutory limitation, the City provided in the Annexation
8 Agreement that it would use restrictive covenants to restrict uses on the Parcels rather than
9 annex and zone the Parcels so that their densities and uses were no greater than those
10 permitted by Mohave County. [Exhibit 13, Annexation Agreement].
11 78. Such use of restrictive covenants in a development agreement violates A.R.S. §
12 9-471 as it allows zoning, and available uses of property, to be achieved through a
13 development agreement rather than established rezoning procedures, which require public
14 notice and hearings and allows for protest.
15 79. A.R.S § 9-471(L) also requires that any "subsequent changes in zoning of the
16 annexed territory shall be made according to existing procedures established by the city of
17 town for the rezoning of land."
18 80. If the Annexation Agreement and annexation is permitted, the City and City
19 Center could change the zoning for the Parcels by amending the Annexation Agreement
20 without complying with established zoning procedures, which would allow Defendant to
21 avoid public notice, hearings, or citizen participation in the rezoning process.
22 81. The Annexation Agreement also violates A.R.S. § 9-471(L) as it does not
23 require subsequent zoning of the Parcels to be accomplished through an established rezoning

24 process.
25
14
::ODMA\PCDOCS\BGD\I 18 95•2
1 82. Basedforegoing, declaratory judgment establishing the invalidity of the
on the
2 City's annexation of the Parcels, and the invalidity of using an Annexation Agreement to
3 zone property, is necessary to determine the rights and status of the parties.
4 COUNT IV
5 (Declarator• Judgment Annexation Agreement And Zoning Violate General Plan}

6 83. hereby incorporates by reference
Plaintiff all allegations contained in the
8 84. A.R.S. § 9-462.01(F) states:
9 All zoning and rezoning ordinances or regulations adopted under
this article shall be consistent with and conform to the adopted
10 general plan of the municipali•, if any, as adopted under article
6 of this chapter. In the case of uncertainty in construing or
11
applying the conformity of any part of a proposed rezoning
12 ordinance to the adopted general plan of the municipality, the
ordinance shall be construed in a manner that will further the
13 implementation of, and not be contrar7 to the goals, policies and
applicable elements of the general plan.
14
A.R.S. § 9-462.01(F) (emphasis added).
15
85. Under Arizona law, rezoning must be consistent with the general plan of city
a
16
and, in the case of uncertainty, ordinances must be construed so as to carry out the policies
17
and goals of the general plan.
18
86. In 2002, Lake Havasu City updated it General Plan. [Exhibit 15, Future Land
19
Use Plan and General Plan].
20
87. As part of that General Plan, Lake Havasu City provided land use
21
classifications for future growth. [Exhibit 15, Future Land Use Plan and General Plan].
22
88. In 2008, Lake Havasu City updated its Future Land Use Plan as part of the
23
General Plan. [Exhibit 15, Future Land Use Plan and General Plan].
24
25
15
::ODMAkPCDOC S\BGD\ 18195•2
1 89. In its 2008 update, Lake Havasu City designated the area where the Parcels are
2 located as "Resort Residential." [Exhibit 15, Future Land Use Plan and General Plan].
3 90. The General Plan defmes Resort Residential as an area "where planned resort
4 residential development would occur" but specifically provides that "[r]esort-residential

5 classification does not allow RV resorts or mobile home parks." [Exhibit 15, Future Land
6 Use Plan and General Plan].

7 91. The zoning for the Parcels and the Annexation Agreement allow an RV park.
8 Specifically, in the Annexation Agreement, the City acknowledges that City Center intends
9 to subdivide the Parcels for the development of an RV park and that the City does not object
10 to such use.
11 92. The City's annexation of the Parcels for use as an RV park violates A.R.S. § 9-
12 462.01(F) as it is inconsistent with the City's General Plan, inconsistent with the City's
13 Future Land Use Plan, inconsistent with the goals of said plans, and is contrary to the
14 established policies of the City.
15 93. Based on the foregoing, declaratory judgment establishing the invalidity of the
16 City's annexation of the Parcels based on its violation of the City's General Plan is necessary
17 to determine the rights and status of the parties.

18 COUNT V
19 (Declaratory Judgment Annexation Agreement And Granting of Conditional Use

Permits Violates General Plan)
20
94. hereby incorporates by reference all allegations contained in the
Plaintiff
21
preceding paragraphs as if more fully set forth herein.
22
95. In the Annexation Agreement, the City acknowledges that City Center needs to
23
obtain conditional use permits for the development of an RV park.
24
25
16
::ODI•L•\PCDOC SLBGD\ 118195•2
1 96. In the Annexation Agreement, the City provides that it "foresees no objection
2 to granting" conditional use permits to City Center for the construction and use of the RV
3 park.
4 97. The granting of conditionalgoverned by Section 14.44.050 of
use permits is
5 the Development Code of Ordinances of Lake Havasu City (the "Development Code").
6 98. Section 14.44.050(G) provides, in relevant part, that a conditional use permit
7 may only be issued after a public hearing and if the City finds that the "proposed use is
8 consistent with the goals and policies of the General Plan and any applicable specific plan."
9 [Exhibit 16, Section 14 of the Development Code of Ordinances].

10 99. As the General Plan prohibits "RV resorts or mobile home parks" in areas
11 defmed as "Resort Residential," the granting of conditional use permits to City Center for an
12 RV park, and the City's expressed intent to grant such use permits, violates Section
13 14.44.050 of the Development Code.
14 100. Based on the foregoing, declaratory judgment establishing that the City cannot
15 issue conditional use permits to City Center for an RV park on the Parcels, and that the
16 City's annexation of the Parcels for such purposes is improper, is necessary to determine the
17 rights and status of the parties.
18 PRAYER FOR RELIEF
19 WHEREFORE, based on the foregoing, Plaintiff demands judgment against the City
20 as follows:
21 declaratory judgment fmding that the City's annexation

1. For of the Parcels violates
22 Arizona law and the City's General Plan and Development Code, and for further declaratory
23 relief as requested above;
24 2. For Plaintiff's reasonable attorney's fees and costs pursuant to A.R.S. § 9-471(P);
25
17
::ODMA\PCDOC S•BGD• 118195X2
1 3. For such other and further relief as the Court deems just and proper under the
2 circumstances.
7
DATED this 7 th day of April, 2011.
••Sly
BEUS GILBERT PLLC
By
Jeans,ql•sq.
n D.
8 Co W L. Broadbent, Esq.
4800 North Scottsdale Road
9 Suite 6000
Scottsdale; AZ 85251
10 Attorneys for Plaintiff
ORIGINAL of the foregoing filed
11 this 7 t• day of April, 2011 with:
12
Clerk of Court
13 Mohave County Superior Court
401 E. Spring Street
14 P.O. Box 7000
Kmgman, AZ 86402
15
COPY of the foregoing mailed/delivered
16 this 7 th day of April, 2011 to:
17 Judge Lee F. Jantzen
18 Mohave County Superior Court
401 E. Spring Street
19 P.O. Box 7000
Kingman, AZ 86402
20
Daniel C. Barr
21 James A. Ahlers
PERKINS COlE LLP
22 2901 N. Central Ave. Suite 2000
23
24
25
18
::ODMA\PCDOCS\BGD\ 118195k2
15
eaJV I•u!uueld
1.1 WHAT IS THE GENERAL PLAN?
The Arizona Revised Statutes require that each city adopt a comprehensive, long-range general
plan to guide the community's physical development. The purpose of the general plan is to:
Express the community's vision
Identify the community "s goals and development priorities
Serve as a policy guide for local decision-making
Fulfill legal requirements created by state law
The Lake Havasu City General Plan 2002 is an update of the original 1994 Lake Havasu City
General Plan and the three specific plans that were amendments. Though the document is an
"update" of previous plans, there is very little resemblance to the 1994 plan because of the new
state law requirements. Due to these regulatory changes and tremendous growth of Lake Havasu
City and the surrounding area, the City embarked on a yearlong community-wide update process.
Lake Havasu City contracted with Partners for Strategic Action, Inc. (PSA) to work with the City
in the plan's development. David Evans and Associates (Phoenix), Lima and Associates
(Phoenix), and PAA, Inc. (Tucson) provided technical support to PSA as subconsultants.
The update process involved considerable public dialogue and input. The Lake Havasu City
General Plan Update is a statement of policy and an expression of the community's vision for the
future. The plan is a tool to help guide and shape the planning area's physical development. The
mission of the general plan update is to achieve a sustainable future for the community through
sound growth management.
The Lake Havasu City General Plan is intended to be a long-range plan to guide development
toward build-out. However, the general plan will be updated at least every ten years, according to
Arizona statutes. The general plan update replaces the 1994 general plan for Lake Havasu City
and includes by reference subsequently adopted specific plans. The general plan is a usable,
working document that is responsive to changes and unforeseen opportunities that are natural in
a dynamic environment_ The general plan is often confused with "zoning" actions. It is
important to recognize that the general plan provides for long-range "general" policy direction
related to physical devdopment; whereas, zoning is a specific legal action related to land
classification governed by the zoning ordinance. The zoning map (available at City Hall) depicts
land classifications that must be in substantial conformance with the general plan; however, the
general plan does not change any zoning until a formal request is made either by the landowner
or initiated by the City.
Lake Havasu City General Plan 2002

What the General Plan is... The General Plan is not...
A statement of city policy A specific plan for a development project
A guide to decision-making A zoning ordinance
A framework for more specific planning A rigid/static document
A tool for education/communication A capital improvement plan or budget
A legal mandate A project master plan
A way to provide a long-range perspective
A way to improve the quality of life
1.2 GROWING SMARTER ACT
Growing Smarter Plus legislation, which became effective in May 2000, builds upon the 1998
Growing Smarter Act. These requirements created a new framework for the land-planning
process in cities and counties within the State. The Lake Havasu Ci.ty General Plan 2002 meets
the requirements of Growing Smarter as well as the general plan requirements outlined in
Arizona Revised Statutes (ARS) 9-461.05.
1.3 GENERAL PLAN REQUIREMENTS
The Lake Havasu City General Plan 2002 is more than a map depicting proposed land uses. The
goals and policies are presented in a series of interrelated "elements." These elements provide
the framework for the City's policy direction. The Lake Havasu City General Plan 2002 includes
the following elements:
Land Use. Provides the proposed general distribution, location, and extent of land for
housing, business, industry, public facilities, and open space.
Growth Management. Provides strategies to preserve and enhance the community's
character (i.e., lake shoreline, natural wildlife refuge area, foothills, washes, and sensitive
land areas), promote a sustainable community form, and preserve the natural environmental
resources (e.g., air, water, and land). This chapter includes three required elements:
Environmental Planning, Growth Area, and Water Resources.
Environmental Planning. Provides an analysis of the general plan's potential

implications on air quality, water quality, and natural resources. This section also
includes the Water Resources Element that is required by state law.
Growth Area. Identifies those areas, if any, that are particularly suitable for planned
multi-modal transportation and infrastructure expansion and improvements designed to
support a planned concentration of a variety of uses.
Water Resources. Presents policies and strategies to ensure that adequate water resources
are available to support the land use pattern proposed in the general plan.

Transportation Identifies the general location and extent of existing and
proposed roadways as well as other forms of transportation including transit, pedestrian, etc.
Open Space and Recreation. Presents an analysis of forecasted needs and identifies potential
locations and policies to promote a regional system of integrated open space and recreational
resources.
Cost of Development Identifies policies and strategies that Lake Havasu City will use to
require development to pay its fair share toward the cost of additional public service needs
generated by new development.
1.4 PUBLIC PARTICIPATION
The general plan process was based on a fundamental goal to solicit widespread community
involvement by citizens, landowners, and stakeholders. To ensure consensus on the community's
vision for development, a plan for public involvement was developed. The public involvement
process was designed to achieve three objectives: communicate, educate, and involve. At the
initiation of the process, the City Council adopted a Public Involvement Plan (PIP). The Lake
Havasu City public involvement process met the Growing Smarter Act that requires ensuring
"effective, early and continuous public participation in the development and major amendment
of the general plan from all geographic, ethnic and economic areas of the municipality."
The Lake Havasu City General Plan 2002 process began in December 1999 when the City
Council awarded the contract to the PSA Team. The involvement process included many
different approaches to gathering input and tracking consensus. A citizen's committee was
formed that provided oversight for the process. Workshops, forums, surveys, news articles, and
presentations at various group meetings were done throughout the process to keep people
informed as well as to solicit input. A critical component of the plan's development was the
work sessions conducted with appointed and elected officials.
The following list summarizes the key elements of the public involvement process and is
depicted on Table 1-1, Public Participation Program.
Lake Havasu General Plan Advisory Committee (GPAC). The GPAC was appointed by the
City Council to provide oversight and guidance in the plan's development. The GPAC met at
least fifteen times to provide guidance to the consultant team and staff during the 13-month
process.
Future Search Conference. The goal of the Future Search Conference was to involve all
stakeholders in a search for an achievable future. The full-day event was held March 18,
2000. It offered a unique opportunity to communicate, educate, empower, parmer, and build
consensus on issues that impact the general plan's development. Approximately 85 people
attended the event, where issues were discussed, vision statements were developed, future
land use plans were designed, and potential policies were identified. Future Search

Conference participants were solicited and asked to pre-register for the meeting. Prior to the
meeting, all registrants were sent an issue paper. The issue paper provided background
information about the City, the state of its current development patterns and demographics,
and development issues facing the City. The Future Search Conference provided the
foundation for the plan's development. The participants discussed the community's vision,
goals, and developed land use alternatives.
Community Characteristics Survey. The survey was conducted with all Future Search
Conference attendees participating. The slide show consisted of 60 slides of various aspects
of community development. For example, the slides depicted images of all ranges of housing
styles and densities, roadways, parks, streetscapes, employment centers, and signage. The
purpose was to receive input on what the participants thought of the various images of
physical development.
Community Workshops. At key milestones throughout the process, community workshops
were organized and held. (July 13, 2000 discussed land use alternatives and recommended
a preferred alternative) Additional community workshops to solicit public comments were
held April 17, 22,23, 24 and 25, 2002.
Elected Official Workshops. As the plan was evolving, presentations were made on the
status of the planning process at City Council and Planning and Zoning Commission
meetings. (August 15, 2000; March 20, 2001; April 24, 2001)
Public Hearings. In accordance with hearing requirements outlined in Arizona statutes,
hearings were held with the Planning and Zoning Commission and City Council. Three
public hearings were held with the Planning and Zoning Commission on August 28, 2001,
September 26,2001, and October 24,2001. Presentations were made to the City Council in
November 2001. The Planning and Zoning Commission recommended adoption of the plan
on July 31, 2002.
Newspaper Articles. Throughout the process, regular news articles were included in the local
newspapers. The Future Search Conferences received considerable press coverage. The
newspapers provided a communication conduit to the public about the dialogue occurring
during the process and maintained resident interest.
Comment Matrix. Throughout the 60-day review process, comments were received from
citizens, landowners, developers, and stakeholder agencies. All comments were catalogued, a
comment matrix was developed, and identification of how comments were addressed was
documented.
Ratification Election. According to Arizona Revised Statutes, Lake Havasu City must
conduct a public vote to ratify the General Plan 2002. (November 5, 2002)
Lake Hava•u City General Plan 2002

1.5 PROCESS WORK PROGRAM
The Lake Havasu General Plan 2002 began in December 1999 when the City Council awarded
the contract to the PSA Team. A General Plan Advisory Committee (GPAC) was formed that
included citizens, agency stakeholders (e.g., Arizona State Land Department), and key staff
members. The overall study approach is graphically illustrated on Table 1-2, Process Work
Program.
Table 1-1, Public Participation Program
Citizen-based
committee to oversee
the project
Plan review
and input opportunities
Citizen workshops
to review
alternatives
Full-day event
with 85 participating
residents
Official meetings
• for elected officials
and citizen input
Citizens vote to ratify

the elected officials'
approval of the general
plan

Table 1-2, Process Work Program
Project
Initiation
Mission, Vision,
Goals, Objectives
Data Collection/
Analysis
Preferred Land
Use Alternative
Policy
Development
60-Day
Ii
Review l]
I Public
Hearings

1.6 USING THE GENERAL PLAN DOCUMENT
Early in the process, the General Plan Advisory Committee developed a statement that described
the mission for Lake Havasu City General Plan 2002. Following is the mission statement that
was used as the guiding principle for the entire process.
To create a comprehensivedocument that will provide effective guidance on how the

community should grow and develop while protecting what makes Lake Havasu City
unique. The process strives to solicit maximum public input to assist in developing the
community's vision and plan. Critical issues, such as infrastructure, water quality,
transportation, education, and environmental protection, are addressed in clearly defined
strategies. The Lake Havasu General Plan 2002 is flexible enough to adapt to changes, but
clear in its purpose and direction.
The foundation of the General Plan 2002 is a series of "Elements" that are intended to work
together to implement the community's vision. Each element is organized into the following
sections:
Element Statemeng Describes the purpose of the element.
Element Introduction. Provides basic background information regarding the element.
Element Issue Identification. Identifies the specific critical issues related to the element.
Element Goals and Policies. Provides the philosophical framework for the element.
Although each topic in an element has a separate set of goals and policies, they are
interrelated, forming a unit. Following are definitions for goals and policies.
Element Goals A desired end that if pursued over the long-term
will ultimately result in the attainment of a desired
living environment described in the element.
Policies A means to attain the established goals. Policies
prescribe a course of action for the City.
Element Plan The element's future direction.
It is important to recognize that the general plan is both text and maps. For example, the Future
Land Use Map is supported by the series of goals and policies outlined within the Land Use
Element. Neither should be used without the other.
Lake Havasu Ci• General Plan 2002

2. 0 COMMUNITYDESCRIPTION
2.1 WHAT IS THE PLANNING AREA?
The planning area for the Lake Havasu City General Plan Update stretches well outside the
current incorporated boundaries of Lake Havasu City. The planning area is intended to include
the expanded water service area, future anticipated annexation areas, and areas of influence. The
total land area for the planning area is 84.9 square miles, and total acreage is 54,332, as indicated
in Figure 2.1, Lake Havasu Planning Area_
The planning area comprises private and public lands as shown in Figure 2.2, Land Ownership.
In addition to the privately held lands, ownership within the planning area includes the Arizona
State Trust and Bureau of Land Management. Only just over one third of the planning area is
privately-held with the remainder under Mohave County, Lake Ha•,asu, State of Arizona Trust
lands, and Bureau of Land Management jurisdiction.
2.2 LAKE HAVASU WITHIN THE REGION
Lake Havasu City is located along the 25-mile long Lake Havasu, formed by the Parker Dam on
the Colorado River. Figure 2.3, Regional Context Map, indicates Lake Havasu in relationship to
its regional location. Lake Havasu City is a master-planned community developed by the
McCulloch Company and incorporated as a city in 1978. Lake Havasu City is located in southern
Mohave County in the northwestern portion of Arizona. It is a major regional center located
approximately 200 miles from the Phoenix Metropolitan Area and strategically positioned about
20 miles south of 1-40. Lake Havasu City Municipal Airport provides daily direct commercial
flights to Phoenix.

Figure 2.1, Lake Havasu Planning Area
Lake Havasu City

Arizona
General Plan U pdate
Planning Area
Legend Figure 2.1
De cemb er 200t

Figure 2.2,.Land Ownership
L•ke Havasu City

Arizona
General Plan Update

La:nd: Ownership
......
10
Figure 2.3, Regional Context Map
11
Lake Havazu City General Plan 2002
2.3 HISTORICAL OVERVIEW
Lake Havasu City was conceived in 1963 as a master-planned community with an emphasis on
recreation and retirement residential. This theme, deriving from the area's outstanding features of
scenery, climate, and shoreline, was augmented by adding a strong employment base. The City's
founder, Robert P. McCulloch, commissioned comprehensive planning and design studies. He
also brought his own industry as wall as others to the community. He successfully sought to put
Lake Havasu on the map by transporting the London Bridge from the River Thames to its current
place of prominence spanning Bridgewater Channel. The community experienced strong growth
during the 1960s and 1970s, which accelerated after official incorporation in 1978.
2.4 PHYSICAL CHARACTERISTICS
The existing topography of the planning area provided guidance related to suitability of the land
within the planning area boundary. The entire planning area is highly undulating with hills and is
crossed with major/minor washes. The planning area is ringed on the north and east with the
Mohave Mountains, which have varying topographical features. Much of the planning area is
sparsely vegetated, typical native desert terrain. Additional information regarding the existing
conditions of the planning area is included in the Existing Conditions Report that was prepared
early in the planning process.
Major drainageways extend from the mountains to the east and traverse Lake Havasu City,
ending in the shoreline area, depositing run-off water in the Colorado River with associated
sediments in the river and lands adjoining the river. Small drainage channels and off-road
vehicular disturbances dissect portions of the shoreline with fiats covered by desert and sparse
vegetation. Freshwater marshes and aquatic habitats occur with a narrow (i.e., 10 to 25 feet)
beach exposed in the winter months, when the water level of Lake Havasu lowers approximately
three to five feet.
2.5 COMMUNITY VISION
One of the major challenges facing Lake Havasu City is to constructively cope with the impacts
of growth. Judging from the experiences of other growing communities and regions, those that
have carefully and consciously planned for future growth have been most successful in
preserving their special qualities. One of the reasons they have been so successful is that they
have created a broadly shared vision that serves to guide the policies and strategies used to meet
the challenges of growth and change. Lake Havasu City underwent a comprehensive visioning
process in 1996 that included distributing over 18,000 surveys to residents with 2,200 returned.
From the information gathered, the City Council devdoped a vision document that is available
for review at the Lake Havasu City Community Development Department.
The general plan process built upon the foundation set in this process to establish a Vision
Statement to guide the Lake Havasu City General Plan 2002. The General Plan Vision Statement
was the product of considerable discussion by the public during the Future Search Conference,
community workshops, and discussion with the General Plan Advisory Committee.
12
The Vision is the philosophy and a unique image of the future. It is a future statement; a
description of the community's desired future state. Following is the Lake Havasu Vision
Statement developed for the general plan.
Lake Havasu Cit• Vision Statement

Lake Havasu City is a lakeside community unlike any in the world. Its spectacular desert
setting is complemented by its attractive, well-planned built environment- Areas have been
preserved within the community to maintain an open space feel and free access to Lake
Havasu for future generations.
While clearly an accessible, first-class resort destination, the well-balanced economy has been
carefully crafted through a comprehensive, cooperative effort to include non-tourism-related
job opportunities that produce excellent wages. Special emphasis has been focused on life-
long learning and preparing people for the future.
The abundant recreational and cultural activities and relaxed, outdoor lifestyles are enhanced
by the community's meticulous preservation of the environment- Residents and visitors enjoy
"big city" amenities and services without compromising the community's values.
The City Council Mission Statement in 2000 that is intended to guide how local
adopted a
government operates. The Vision Statement and Mission Statement work together in providing a
foundation for implementation of the Lake Havasu City General Plan 2002.
Lake Havasu City Mission Statement
Our mission is to serve the citizens of Lake Havasu City, to improve the quality of life for all,
and to promote community spirit and pride.
The following concepts and values shall be used in directing the City's efforts toward
accomplishing our mission:
Loyalty to our community, to this organization, and to each other.
Courtesy in providing high quality services for all.
Innovation in planning for a progressive community.
Responsibility to provide a safe and pleasant environment.
Leadership that is responsive to staff and community needs.
Support an environment that encourages economic opportunities.
Efficient in maintaining and improving city services.
Stewardship in managing our natural resources.
Integrity in preserving financial stability.
Accountability by promoting individual responsibility and citizen involvement.
13
13. 0 LAND USE ELEMENT
3.1 LAND USE ELEMENT STATEMENT
The Land Use Element establishes the existing and preferred growth patterns of urban
development within the City and its planning area. A variety of land uses and intensities is
depicted to provide a full range of opportunities for living, working, and enjoying leisure time in
Lake Havasu.
3.2 INTRODUCTION
Lake Havasu began as a planned community. Every public works installation, private
construction project, and land use decision affecting Lake Havasu City over nearly three decades
has been made in the context of the original McCulloch master plan. The original plan is
outdated and the subdivision pattern causes constraints to new devdopment. Additionally, the
City's zoning and subdivision regulations are outdated. After more than a generation of
development, it is necessary to evaluate conditions in a community that has nearly doubled in
population from 24,363 to 41,938 according to the 1990 and 2000 United States Census. It is
also necessary to reformulate general planning principles for future population numbers that will
exceed the original plan's capacity. While the growth rate in the past decade has been significant,
the land use element projects build-out population figures at somewhere between 116,000 and
168,000. The projected population range is not intended to be a "goal" but a possibility if land is
developed according to the general plan. However, it is important to realize that there are
potential constraints to achieving the population build-out figure. These constraints might
include water availability, transfer of land from public to private use, and infrastructure. This
type of projected growth will transform Lake Havasu City into a significant metropolitan area in
the State of Arizona.
The Land Use Element provides the general guidelines for making future land use decisions. It
also guides future growth of the planning area through build-out. The Land Use Element
describes how the community desires to grow, while the Land Use Map graphically depicts, in a
general fashion, how land uses will be distributed throughout the planning area and how the City
will accommodate future growth. It is critical to utilize the text and map together when
determining future land use decisions.
3.3 LAND USE ISSUE IDENTIFICATION
Land Use. Ensuring an appropriate mix of land uses for the 20-year planning horizon is critical
for the future of Lake Havasu City. The land uses are based on economic data and ensure
community sustainability. The City also provides direction on how the built environment will
achieve the desired sense of community and values.
14
Development Design. The plan encourages the City to enhance existing design specifications,
landscape requirements, and sign ordinance parameters that will promote a world class image for
Lake Havasu City. The highest regard for quality and image enhancement as it relates to future
development projects should be stressed.
Economic Development- Lake Havasu City has recently completed a Strategic Plan for
Economic Development that outlines strategies for economic diversification, and the City
Council has outlined City goals. The City's current economic base is highly dependent upon
residential growth and supported by the continuation of new growth. The dilemma is what
happens when this growth slows or the City begins to reach build-out. How does the community
continue to support the residents and provide the necessary community services? The Land Use
Element builds upon the City's current effort and ensures that adequate land, served by
infrastructure, is available for near- and long-term economic opportunities. The plan encourages
the City to endorse balanced development strategies that build development capacity for retail,
commercial, manufacturing, restaurant/lodging, and entertainment oriented significant future
opportunities to diversify the local economy. The City recognizes that the protection and
acquisition of public shoreline access as well as preservation of sensitive lands (i.e., mountain
foothills) is critical to the economic well being of the community.
Housing. Single-family home development has been brisk but many of the individuals who work
in the tourism industry are unable to afford the existing housing stock. The plan strives to ensure
a mix of housing types and prices to meet current and future needs.
Integration of Specific Plans. Several very important plans and studies (e.g., Island Specific
Plans) have been completed that are integrated into the General Plan 2002.
Ensuring a Well-Balanced Community. It is important to recognize that the Land Use Map is
not a zoning map. It is a policy guide on how the City should develop over the next 20 years and
beyond. A comprehensive range of land uses is presented to ensure that Lake Havasu City is
sustainable long-term. Therefore, the plan provides for every level of housing, a variety of
employment opportunities appropriate to specific locations, commercial development needed to
support local and regional retail needs, recreational/open spaces to ensure that the unique natural
washes and terrain are preserved, and adequate public facilities to support the community long
term. All of these uses are needed to ensure that Lake Havasu City can be fiscally responsible
and responsive to the needs of a growing community. The plan does not deny landowners the
ability to utilize their land, but it does dictate where appropriate land uses should be designated
based on good planning principles.
Master Planning. The City has utilized specific area plans as a tool to comprehensively examine
and plan for a large area in a master planned way. The plan encourages the continuation of
master planning as a way to protect and better develop project areas that are deemed as
significant catalysts to the diversification of the community and the promotion of a world class
destination and globally competitive community. Such master planning should provide for the
inclusion of capital requirement to build the necessary infrastructure to carry these signature
15
Lake Havasu Ci(y General Plan 2002
projects and master planned areas to fruition over a reasonable timeline. Examples of signature
project areas or areas in need of master planning are the Island, Channel Area, Highway 95
North Corridor Area, Highway 95 South Corridor Area, and Kiowa Ponds.
Infrastructure. The City should take the necessary steps to deploy and maximize infrastructure
improvements in conjunction with projects such as the sewer project. This would include the
deployment of new enhanced telecommunications infrastructure and utility delivery services.
Such services will provide for a more competitive community in the global economy and
potentially defray some of the overhead associated with future costs for infrastructure delivery
and improvements.
Arizona State Land Ownership. The Arizona State Land Department manages over 20 square
miles of the planning area (refer to Figure 2.2). Much of this land is in prime locations on the
island and along the shoreline. Additional Arizona Trust lands are on the perimeter of the
currently incorporated and developed city area.
Rural Suburban
vs. Compatibility. Existing rural neighborhoods within the planning area are
being surrounded by new development. Compatibility issues, as related to keeping animals and
continued equestrian uses within neighborhoods, should be resolved.
3.4 LAND USE GOALS AND POLICIES
Following are the goals and policies that together with other element policies implement the
Lake Havasu Vision Statement.
Existing Development Patterns
Goal: Carefully manage and phase development that is compatible with the existing
development pattern while achieving orderly, sustainable development-
Policies:
1. New development must not negatively impact service levels or increase costs for current
users.
Ensure that new growth is compatible with the preservation or enhancement of the City's
quality of life related to the lake and its shoreline. The City should promote world class
environmentally and aesthetically well conceived waterfront development in conjunction
with preservation efforts.
Encourage a compact urban form by supporting infill development and the assembly of small
lots for new development that takes advantage of existing services, utilities, lransportation,
and schools.
16
4. Provide incentives to developers for desired development, public amenities, and long-term
maintenance.
5. Allow development areas that can be reasonably serviced by police, fire, and emergency
response services.
6. Maintain physical quality of neighborhoods through active enforcement of building and

zoning codes, and the provision of public utilities and services.
7. In order to provide housing for all income levels, develop compatible new housing units.
8. Support development proposals that replace incompatible existing zoning with uses that are
compatible with the general plan.
Implement the preferred growth area (as described in Chapter 4.0: Growth Management
Element) and monitor City services and resource capacity for residential, commercial, and
employment uses consistent with the City's Capital Improvement Program to match
investment with growth.
10. Provide total community environment that demands integration with adjacent commercial
a
development and the provision of amenities such as parks, schools, and commercial areas for
multi-family residential developments. City should utilize appropriate integration strategies
that build upon mixed-use types of development and redevelopment within the city.
11. Promote central area.revitalization, including joint-use parking areas and creation of a
pedestrian area on upper McCulloch Blvd.
Residential Character
Goal: To create high quality

residential environments that provide for safe and convenient
vehicular circulation, open-space and recreational opportunities, access to public
schools, and protection of residential areas frotn non-residential uses.
Policies:
Encourage all types ofresidential development provided each is properly located according
to the general plan andthe site plans and structural quality are in accordance with City
Standards and Ordinances.
2. Locate higher-density/intense residential land uses and transportation-dependent uses near

major roadway corridors to promote an efficient transportation system.
3. Protect residential neighborhoods from intrusion of more intensive land uses by adequate
buffering and separation from other use categories.
17
Lake Ha•asu City General Plan 2002
Encourage infill residential development that takes advantage of existing services, utilities,
transportation facilities, schools, and shopping areas.
Ensure schools have the current or potential capacity to support the increased enrollment
generated from the new development.
Serve all housing developments by, and have reasonable accessibility to, existing highways
or arterial streets through utilization of the collector street system.
7. Locate housing in areas that can reasonably be serviced by police, fire, and ambulance
emergency services.
8. Require adequate provision of open space in all large-scale housing developments, and in
particular medium-, high-density and multiple-family housing developments.
Maintain the physical quality of neighborhoods through active enforcement of building and
zoning codes and the development of compatible new housing units.
10. Maintain comprehensive subdivision and site plan regulations goveming land uses, platting
procedures, design standards, public and private land specifications, required improvements,
and other factors dealing with the proper subdivision of land.
11. Develop land suitable for residential properties according to well-conceived plans that can
create a unique identity for the development and still relate positively to adjacent
development.
12. Review all residential development proposals with consideration given to whether the
proposal provides for residential development that promotes orderly community growth and
a quality living environment.
13. Ensure future residents have adequate accessibility to all services. The following guidelines
express a minimum by which developers, policy makers, and citizens can gauge the level of
support services necessary within close proximity to any proposed development_
•
All housing should be adequately accessible to schools, services and employment to
reduce the need for long auto trips while making provisions for use of mass transit,
bicycles, and walking.
• An adequate number of planned schools shall be provided to serve the children of future
residents.
•
Housing developments shall be adequately served by, and be reasonably accessible to,
existing roadways.
•
Adequate provision of open space shall be required in all large-scale housing
developments as described in Chapter 6.0: Open Space and Recreation Element.
18
• A neighborhood park, playground, community recreational facility, or other public open
space should be located within one mile of any housing development.
•
Community shopping facilities should be located within 1-2 miles from all housing
developments.
• Neighborhood shopping facilities should be located to serve residential development
within a half-mile radius.
14. Encourage cost-effective, compatible infill development on currently subdivided residential

streets by means Of the assembly and appropriate combination and re-subdivision of existing
lots using the residential planned unit development procedure.
15. Provide for a mixture of residential developments that meet local resident needs with respect
to housing styles, tenures, price, and location.
16. Recognize well-designed and constructed high-density development on appropriate sites as

being a worthwhile addition to the community and tax base under conditions established in
the general plan and by zoning, subdivision, and other codes and ordinances.
17. Locate higher-density residential development adjacent to, or very near, major thoroughfares
so as not to introduce an excessive amount of vehicular traffic onto minor residential streets.
18. Locate medium- to high-density development in close proximity to public open space such as
parks, playgrounds, schools, and similar uses. The projects may include adequate open
recreational space on the site for the residents' use and pedestrian/bikeway trails leading
from the development to schools, parks, or playgrounds.
19. Design all residential development, but in particular low-density developments, shall be
designed to provide a quiet and safe environment for its residents.
20. Support the development of alternative forms of housing such as zero lot line homes,
townhouses, and condominiums, in addition to single-family homes.
21. Permit abandonment of existing streets where they are deemed not necessary and such
vacation will allow consolidation of parcels into large developable tracts for residential or
commercial purposes.
22. Discourage residential development in lakefront areas except as part of a mixed-use

development that retains public physical access and visual connection to the waterfront.
23. Encourage residential, commercial, and employment areas to have access to advanced
telecommunication infrastructure.
19
Ixtke Havasu City General Plan 2002
Code Enforcement
Goal: To promote the improvement and redevelopment of residential areas within the original
site o fLake Havasu•
Policies:
Maintain the physical quality of neighborhoods through the active enforcement of local
building codes, the provision of public facilities and services, and the development of
compatible new housing units.
2. Protect residential development by minimizing adverse manmade impacts through corrective
abatement measures, when necessary.
Control nuisances such as smoke, noise, dust, litter, vibration, Weeds,

soil erosion, junk,
visual, and others by performance standards in the zoning regulations and other codes and
ordinances.
4. Formulate a housing maintenance code and enforcement in order to protect the health and
safety of occupants and ensure the stability of residential neighborhoods.
5. Create and/or maintain sound, viable neighborhoods to prevent deterioration of housing.
6. Encourage the use of energy-efficient design.
Economic Development
Goal: To promote and maintain a balanced economy that provides jobs, is responsive to the
needs of the community, and positions Lake Havasu City to be the major retail center
for the Colorado Basin.
Policies:
1. Attract commercial uses and market the City to large retailers that will provide employment
opportunities for its residents.
Retain, expand, and attract business and industry uses that meet the overall well-balanced
economic diversification structure of the community. Such opportunities should provide for
economic opportunities through employment that improves the overall quality of life for all
Lake Havasu City residents. The City should adopt and encourage policies that maximize
Lake Havasu City's fair share of high quality business development from the national
economy and insulate the local economy from major economic cycles or industry driven
cycles of economic dependence on any one type of industry or business sector.
20
Maintain the integrity of the City's existing shopping facilities by discouraging the expansion
of strip commercial development and encourage more clustered commercial developments
that are aesthetically pleasing and compatible with surrounding uses.
4. Concentrate commercial uses in clusters at the intersections of arterial and collector streets.
Permit professional offices, and retail and service commercial uses in neighborhood
commercial centers, but only at a development scale compatible with residential
development.
The City should take appropriate efforts to create and enhance the availability of parking for
the downtown area as not to obstruct future business development and existing business
expansion plans. In addition, the City should encourage further redevelopment and new
development in the downtown area that will create destination oriented business that
diversifies the downtown district•
7. Strengthen Downtown Lake Havasu City economically by encouraging a compatible mix of

infill commercial development.
Encourage infill and shopping center retrofitting, as well asrevitalization of shops along the
McCulloch Boulevard commercial spine (which includes commercially zoned properties on
parallel collector streets in the corridor).
9. Strengthen the central commercial district to ensure continued economic health by
strategically locating convenience shopping and services.
10. Encourage the expansion of employment-related uses around the airport.
11. Encourage and master plan the North Highway 95 Corridor Area around the airport for the
attraction of new knowledge-based companies and air industry related types of businesses
that create employment opportunities for existing and new Lake Havasu City residents. The
Airport/North 95 Corridor Area should become a signature project area that is master
planned and funded through the City's capital improvement plan to achieve the long range
goals of the citizens with living wage and economic opportunities.
12. Encourage the relocation of industrial uses along the lakeshore to the airport area.
13. Actively work to implement and annually update economic development goals and
objectives.
14. Maintain an aggressive market share in the increasing
leisure-service industry by ensuring
amenities, support services, additional hotels, name franchise restaurants and resorts, and
accommodations conducive of a world-class destination.
21
15. Work to develop weeklong events and activities to be held on weekdays to attract visitors for
longer stays in the area.
16. Define and develop regulations for home-based business and bed/breakfast operations in
appropriate areas.
17. The City should encourage the creation of specific plan project areas such the Island,
Channel, Highway 95 North Corridor Area, Highway 95 South Corridor Area, Downtown,
and Kiowa Ponds to achieve the long range economic development goals of the citizens.
18. The City should continue to partner with educational institutions for further development of
expanded educational opportunities for the residents of Lake Havasu City.
19. The City should develop a well-funded capital plan to establish.and sustain business and
industry parks that will allow for the attraction of new companies to the community to
provide better employment opportunities for residents. These parks should be marketed as a
comprehensive asset of the community to attract the fair share of future business industries to
the Lake Havasu City market.
3.5 FUTURE LAND USE PLAN
The Land Use Map was created based on considerable input and updated to reflect the current
planning area as well as current thinking about how Lake Havasu City should continue to grow.
Early in the process, the participants at the Future Search Conference developed vision
statements, goals, and land use alternatives. Following the Conference, the Alternatives were
analyzed and two land use/transportation alternatives were developed by PSA. The alternatives
were presented at a Community Workshop along with a survey instrument that provided citizens
an opportunity to comment on the alternatives. The surveys were summarized and alternatives
evolved through discussions with the GPAC at several meetings. A preferred alternative was
completed and continued to be fine-tuned as the process evolved. The following are some of the
Land Use Map's key concepts.
Centralized Focus. Urban form in Lake Havasu City has been predicated on a strong,
centralized activity focus. However, as the community's built environment has extended
spatially, and additional traffic has been generated, convenient access to shopping and work
places has been affected. Without markedly departing from Lake Havasu's central focus in
the downtown area, strategic opportunities for supplying jobs, shopping, and recreational
opportunities closer to residents' homes should be considered.
Urban Form. Lake Havasu's form exhibits three different character areas: the tourism-based
area along much of the Shoreline and on the island; the urban core, serving both tourists and
local residents; and the arc of suburban residential neighborhoods that ring the core. Physical
planning directions should respect these use gradations. Transition between these areas
requires buffeting policies that will blend one into the other without sharp edges or abrupt
22
Lake Havasu Cffy General Plan 2002
discontinuities. The City should encourage, plan for, and partner with the private sector in the
development of significant amounts of planned developments (PDs) to address the residential
growth requirements of the community. Such PDs should be established so as to minimize
the cost of continued access to adequate infrastructure and allow for more reasonable
building lots within the residential housing market. Such PDs should build upon the sense of
neighborhood and quality of life with access to urban amenities such as parks, green space,
bike and walking trails, and recreational amenities.
Circulation. Moving people through and within Lake Havasu is critical. The system of
streets and pathways assists in the establishment of the urban form. Some planned additions
to local circulation may be used to reinforce the City's distinctive zones. A second bridge
connects Island resort uses with Shoreline resort and recreation uses. It will also provide
another connection to commercial uses.
Highway 95 will continue to be the major roadway supporting Lake Havasu City. Over time,
through investments in improvements, Highway 95 will operate more like a parkway.
Improvements in landscaping, traffic management, and how development will occur along
Highway 95 will create a more efficient and pleasing transportation corridor.
The parkway also provides an important role in establishing urban form. The parkway
improves traffic mobility in and around the planning area. It is not intended to act as a by-
pass. It should be planned as an arterial corridor or a circulation spine to support the City's
residential neighborhoods. Cross-town connections from the parkway to the central
commercial area ought to serve as collector/feeder streets without unduly separating
contiguous neighborhoods.
Limited, non-residential usesalong the proposed parkway should be widely spaced and
understated. Commercial nodes along the parkway are multi-use intensity areas that are
intended to be clustered in a master-planned way at selected intersections. However, the
corridor should not depart from its principal intent to serve as an alternative corridor for
uncontested vehicular traffic through residential neighborhoods.
Building Form. The built environment should continue to exhibit a generally horizontal
character. Mid-rise structures (e.g., hotels, offices, and corporate centers) would be confined
to specific areas, such as the core area or the Island. Maintaining wide scenic views is a basic
component in determining the City's future vertical form. Non-residential developments in
the suburban area should retain a character defined by low buildings, ample open space, and
transitional buffering to adjacent residences. New design parameters should be created to
require development and redevelopment projects to address the highest quality facades and
building designs that will promote and enhance Lake Havasu City's image as a world class
destination and high quality of life community.
23
PhysicalAmenities. The Lake should continue to serve as the community's focal point.
Views of Lake Havasu should be protected. Additionally, the views of the mountains and
foothill areas are an important community attribute and must be protected.
Residential development has been and will continue to be the driving force in Lake Havasu's
development. With more than 13,660 platted residential lots remaining, infilling with custom
home construction will continue as the predominant source of building activity. Additionally,
the City will encourage appropriately located production homebuilding based on need and
market trends. To encourage stability and enhance the residential environment, the
"neighborhood" concept will be promoted in newly developing areas. The neighborhood
concept is based upon the provision of a mix of housing types, community, and recreational
facilities as well as shopping opportunities within a well-defined area. The use of clustering
techniques would be encouraged to protect unique, environmentally sensitive areas within
larger developments.
Land Use Classifications
The purpose of this section is to present the basic concepts that form the foundation of the Future
Land Use Plan. It also addresses the use and interpretation of the Future Land Use Plan. The land
use districts guide land use decision-making for Lake Havasu City. The district lines are located
along significant natural and man-made features wherever possible to aid in identification. These
features include, but are not limited to, powerlines, roadways, subdivisions, washes, and existing
development patterns.
Following arethe land use classifications for the Lake Havasu City Future Land Use Plan. The
residential land use classifications are presented in dwelling units per acre (du/ac). These ranges
represent "gross" densities. The following definitions relate to the designations on the Land Use
Map and should be used when interpreting the map. Though not explicitly stated in the
definitions, manufactured housing is allowed in any residential district if it meets Lake Havasu
City building codes. Public access to the shoreline must be addressed within all developments
along the shoreline.
Rural Residential (0-2 du/ac). Denotes areas where single-family residential development is
desired that retains the rural character of a given location and/or respects the environmental
constraints.
Low-Density Residential (2-4 du/ac). Denotes areas where single-family residential

development is desirable. Suitability is determined on the basis of location, access, existing
land use patterns, and natural or man-made constraints.
Medium-Density Residential (4-10 du/ac). Denotes areas where attached single-family
residence, townhouse, and patio home development is appropriate, ranging from four to ten
dwelling units per acre. These areas should be located within proximity to schools, parks,
24
shopping, and employment. Other uses permitted in this category may include limited
neighborhood commercial or office where deemed appropriate by the City.
High-Density Residential (10-20 du/ac). Denotes areas where multiple residential uses are
permitted, including attached single-family residences, townhouses, and patio home
developments. The City could approve higher densities only for multi-residential
developments that will provide a master-planned concept, integration with the adjacent
commercial development, and the provision of exceptional residential amenities.
Resort. Denotes areas that provide visitor accommodations in the 7- to 25-units per acre
density range, including hotel facility complexes with amenities increasing proportionally
with intensity of use. Amenities with an emphasis on pedestrian environments are preferred.
Design options should provide flexibility in the placement of buildings and more reasonable
and practical use of open space. Shoreline building setbacks for boundaries adjacent to
shoreline public access easement should be: 20 feet free public access side and 40 feet other.
Setbacks from the Shoreline are measured from the 450-foot high water mark.
Resort-Residential- Denotes areas where planned resort residential development would occur
(i.e., primarily on the Island and along the Shoreline). A primary purpose of the Resort-
Residential classification is to provide guaranteed public access to, and the public use of, all
parts of the Island and Shoreline. The residential product is intended to differ from the
historic residential development pattern with regard to project density, type, and open space
as a part of an overall planned development. It will be situated within a system of open space
and other amenities that are not possible to provide in the currently developed neighborhoods
of Lake Havasu City. These areas may be higher in density, with opportunities for clustering
and other innovative development patterns. Performance criteria will be developed and
applied to resort-residential developments governing the height and bulk of buildings.
Shoreline building setback for boundary adjacent shoreline public access easement should
be: 20 feet free public access side and 40 feet other. Resort-residential classification does not
allow RV resorts or mobile home parks.
Resort-Relate•L Denotes areas intended to serve and primarily support the resort industry of
Lake Havasu City and the tourists and visitors the industry attracts. A primary purpose of the
Resort-Related classification is to provide guaranteed public access to, and the public use of,
all parts of the Island and Shoreline. Uses within the Planned Resort-Related classification
may include service, commercial, and retail uses (e.g., boat rentals, sales and repairs, hotels,
motels, restaurants, and shopping facilities); and recreational uses (e.g., marinas, golf
courses, parks and recreational trails). Shoreline access corridors shall be provided as
required. Shoreline building setbacks for boundary, adjacent shoreline public access
easement should be: 20 feet free public access side and 40 feet other. Resort-related
classification does not allow RV resorts or mobile home parks.
Resort-Related Islan•L Denotes areas intended to enhance the leisure-service industry by

ensuring accommodations and amenities conducive of a world class destination. A primary
25
purpose of the Resort-Related Island classification is to encourage large scale resort
developments with the allowance of mixed-uses. Residential elements may be integrated
with commercial uses or as separate high density uses within a mixed use development. The
residential element of a mixed use development cannot exceed 40 percent of the overall
building(s) square footage and a hotel use is required within the commercial element. Uses
within a development will be calculated by square footage of gross floor area. Uses within
the Resort-Related Island classification may include medium- to high-density resort
residential uses (e.g., condominiums, townhomes, patio homes, extended stay
timeshares/hotel). Single-family detached residential and apartments are prohibited.
Additional uses may include incidental services, incidental commercial, and retail uses (e.g.,
boat rentals, sales and repairs, hotels, motels, restaurants, and shopping facilities); and
accessory recreational uses (e.g., marinas, golf courses, parks and recreational trails). Resort-
Related Island allows RV facilities and campgrounds as accessory uses within a
development, but not as stand alone uses. Shoreline building setbacks shall be 60 feet and a
minimum of one public access at least 12-feet in width from the shoreline to an adjacent
right-of-way is required. Uses within the 60 foot area shall include free unencumbered
public access, beaches, parking, and landscaping. Access to existing lighthouses and Island
bike/pedestrian path shall be maintained.
Resort-Related Mainland. Denotes areas intended to serve and primarily support the resort
industry of Lake Havasu City and the tourists and visitors the industry attracts. A primary
purpose of the Resort-Related Mainland classification is to allow mixed-use developments to
occur in areas of Lake Havasu City that do not have direct access to the shoreline. However,
in the event a property has direct shoreline access, public access to, and the public use of, all
parts of the shoreline shall be secured. Shoreline building setbacks for boundary, adjacent
shoreline public access easement should be: 20 feet free public access side and 40 feet other.
Mixed-use developments shall provide a minimum of 20% commercial element. Uses within
the Resort-Related Mainland classification may include medium- to high-density resort
residential uses (e.g., condominiums, townhouses, apartments); incidental services, incidental
commercial, and retail uses (e.g., boat rentals, sales and repairs, hotels, motels, restaurants,
and shopping facilities); and accessory recreational uses (e.g., marinas, golf courses, parks
and recreational trails). Resort-Related Mainland does not allow RV resorts, mobile home
parks and campgrounds.
Commercial Denotes areas where the most intensive types of commercial applications are
desired. Commercial is intended to provide the necessary "retail shopping and services"
(such as: health facilities, night clubs, studios, artisan shops, grocery/retail stores, restaurants,
banks, medical office/hospital/clinics, veterinary clinics, parking facilities, personal services,
etc.) for the community's current and future needs. Commercial use is critical to the
community's quality of life and financial stability. It is important to have adequate but
controlled access to arterial streets. Upper McCulloch, Main Street Area, should receive
attention to encourage development or redevelopment at increased land use intensities and
types. Uses in the Main Street Area may include Commercial and/or multi-family
26
Lake Havasu Cigy General Plan 2002
development with increased densities, provided however, that no more than 20 percent of any
commercial center may be devoted to residential uses.
Commercial-NodaL Denotes areas where the most intensive types of commercial and high-
densityresidential development can take place in a "multi-use nodal" or a "non-strip" setting.
While commercial areas may include either commercial or multi-family development,
adequate but controlled access to arterial streets is essential. The commercial areas are
intended to develop as the community's major commercial and service activity centers.
Residential densities may be higher; however, no more than 20 percent of any commercial
center may be devoted to residential uses.
Neighborhood Commercial Centers. Denotes areas for service retail in an effort to create
quality neighborhoods in Lake Havasu City. Retail and service commercial uses will be
permitted as part of the neighborhood pattern. These areas are typically less than 15 acres per
corner and are not indicated on the Future Land Use Map. However, any commercial
development must be sited and designed such that the activities proposed will not adversely
impact adjacent residential neighborhoods.
Employment. Denotes areas appropriate for employment-related uses. The particular type of
use will be determined based upon its potential impact on adjacent land uses and the intensity
of development. In particular, the development of industrial parks shall be such that the light
industrial uses (e.g., knowledge-based companies, entrepreneurial small companies, light
manufacturing, research and development, professional office, office/showroom, retail,
service, and related uses) shall be located along arterial streets where visibility to the public
is likely. Heavier industrial uses (e.g., intense manufacturing, warehousing and distribution)
shall be located away from the arterial streets, buffered by the light industrial uses. Typical
techniques such as screening, landscaping buffers, separation of incompatible uses, lighting,
design, and architectural standards may be used.
Parks Space. Denotes areas that are to be precluded from development, except for
public park facilities. Open space areas should be left in a relatively natural state for scenic
purposes due to topographic constraints or the need for buffer areas between potentially
incompatible uses. Parks/open spaces are generally held in ownership by public entities.
Where the General Plan calls for an open space designation, and where consent of the owner
is not available, and where State law requires an alternative designation, the alternative
designation shall be Rural Residential with densities not exceeding a maximum of one (1)
dwelling unit per acre.
Public Denotes public and semi-public areas that are owned and/or operated by
a governmental, nonprofit, or philanthropic institution that provide educational, recreational,
cultural, governmental, or other similar uses. In some cases developments may include
accessory commercial and accessory residential uses.
27
Lake Havasu Ci(y General Plan 2002
Mountain Protection Area. Denotes areas that, due to their special environmental
characteristics and considerable distance from the developed core and developing fringe of
Lake Havasu City, will require extensive, detailed studies prior to justifying any general plan
amendment that would permit any non-residential development or residential development in
a Mountain Protection Area. Where the General Plan calls for an open space designation, and
where consent of the owner is not available, and where State law requires an alternative
designation, the alternative designation shall be Rural Residential with densities not
exceeding a maximum of one (1) dwelling unit per acre.
The boundaries of the land use designations (i.e., districts and district boundaries) shown on the
Figure 3.1 Land Use Plan and Figure 3.2 Future Land Use Plan Island and Shoreline are located
along significant natural or manmade features wherever possible, to assist in identificatior•
These features include drainageways, washes, roadways, existing subdivisions, land ownership,
powerlines, or existing development areas. These boundaries represent general recommendations
for future development. However, the precise location of the boundaries may not always be exact
or critical. Variations of several hundred feet, particularly where no significant natural or man-
made features are present, may be acceptable. It will be the responsibility of the City Council,
with recommendation from the Planning and Zoning Commission and the Lake Havasu City
Community Development Department, as wall as guidance provided by the Lake Havasu
General Plan, to establish and define the boundaries if questions arise. Additionally, these lines
will be further defined through specific area plans or neighborhood plans.
The land uses within the Lake Havasu City Planning Area, Water Service Boundary, Growth
Area (further described on page 46), and current City Incorporated Area are shown in Table 3-1.
28
Lake Havasu CiO• General Plan 2002
Table 3-1, Lake Havasu City Land Use Plan Designation Acreage by Type
Total Acreage
Land Use city Growth Expanded Planning
Incorporated Area Water Service Area
Area Area
Rural Residential 2,638 2,744 6,198 8,115
Low-Density 14,353 17,012 15,581 17,060
Medium-Density 95 95 95 95
High-Density 943 957 957 973
Resort 372 372 372 372
Resort-Residential 21 21 21 21
Resort-Related 1234 1234 1277 1277
Resort-Related Mainland 288 288 288 288
Commercial-Nodal 533 552 563 581
Commercial 1,739 1,760 1,745 1,760
Employment 1905 1633 1456 2275
Parks/Open Space 2526 4728 6913 7742
Public/Semi-Public 320 320 320 320
Mountain ProtectionArea 443 836 1,138 11,370
Totals 27,410 32,552 36,924 52,249
29
Figure 3.1 Future Land Use Plan
.Lake Havasu City

Arizona
General Plan Update
Future Land Use Plan
Revised
Septe mber
30
Figure 3.2 Island and Shoreline
Lake :Havasu City

.Arizona
General Plan Update
Future Land Use Plan
Island & Shoreline
Revised
September 200•J
31
16
Page 1 of 26
CHAPTER 14.44: ENTITLEMENT APPROVAL OR DISAPPROVAL
Section
14.44.010 Purpose of chapter.

14.44.020 Zoning cleaxances.
14.44.030 Design review.
14.44.040 Temporary use permits.

14.44.050 Conditional permits (includes minor conditional permits).
14.44.060 Variances (includes minor variances).
14.44.070 Planned development penuits.
14.44.080 Specific plans.
14.44.090 Abandonment of easements.
§ 14.44,010 PURPOSE OF CHAPTER.
A. Permit reviewprocedures. The purpose of this chapter is to provide procedures for the final review, and approval disapproval of the land use
permit applications established by this Development Code.
B. Subdivision reviewprocedures. Procedures and standards for the review and approval of subdivision maps are found in Title 13 (Subdivision
Procedures).
C. Application filing and initialprocessing. Where applicable, the procedures of this chapter carded out after those described in Chapter 14.42
(Application Filing and Processing), for each application..
§ 14.44.020 ZONING CLEARANCES.
A. Purpose of section.
1. Procedure. The purpose of this section is to provide procedure for issuing zoning clearances which used to verify that proposed structure
land activity complies with the allowed list of activities and development standards applicable to the category of the zoning district of the subject
lot
2. Compliance. Where Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) requires zoning clearance prerequisite to
establishing land use, the Director shall evaluate the proposed to determine whether zoning clearance may be issued in compliance with this section.
B. Applicability.
1. Zoning clearance required
A zoning clearance for structure which is to be erected remodeled shall be filed in conjunction with the companion building permit
application;
b. A zoning clearance for the of vacant nonresidential land stnacture(s) shall be filed at least 14 days before the intended inauguration;
In order to provide for an expeditious permit review/reconstruction process, which may only be available following the occurrence of bona
fide emergency (e.g., natural disaster, and the like), determined by the Council, emergency building permit and temporary zoning clearance may be
issued by the appropriate city detnn•ment; and
d. No person shall ocetrpy, use, or alter any structure, change any use, type or class of use, without fi•st applying for and obtaining the
required zoning clearance.
2. Director's action. The Director shall issue the zoning clearance after determining that the proposed development/improvement complies with all
of theapplicable standards and provisions for the category of the zoning district of the subject lot, in full compliance with the City Code and this
Development Code.
C. Conflicting permits prolu'bited
1. Conformance. All Depaxtments, officials, public employees vested with the authority duty to issue permits where required by law shall
conform to the Provisions of this Development Code. A permit for uses, structures, or purposes in conflict with the provisions of this Development Code shall
not be issued.
http://www.amlegal.com/alpscripts/get-content.aspx 2/16/2011
Page 2 of 26
2. Deemed void. Any permit, issued in conflict with the provisions of this Development Code, shall be deemed void.
§ 14.44.030 DESIGN REVIEW.
A. Purpose. The purpose of this section is to provide proced'ares for the review and approval/disapproval of design review applications in order to
guide the physical development of the city, consistent with good site and architectural tninciples. Specific objectives include the following:
1. To establish community design and aesthetics planning considerations in evaluating new development;
2. To develop and iroplement policy which will encourage appropriateness and compatibility of new development with the existing natural and
manmade environment, existing community activity patterns, and conmmnity identity; and
3. To develop and implement policy which will minimize or eliminate adverse visual effects caused perpetuated by the location and design of new
development, including effects from the following:
The architectural design, area, height, mass, and scale of st•xrtures;
b. Vehicular and pedestrian ways and parking areas;
Existing propased alteration of natural topographic features and waterways; and
d. Other development or strnctures, including utility lines, storage service areas, and advertising features which may result in interference with
and light exposure, privacy, and the general aesthetic value of the neighborhood
B. Applicability.
1. Design review approval required Auseshal•n•tbeestablishednorsha••abui•dingpermitbeissuedforanewstrnctur••orforthesubstantial
alteration of any existing structure, until design review application including drawings, elevations, plans, site plans, and other documents have been
reviewed and approved by the Director in coropliance with the requirements of this section.
2. Exceptions. Exceptions to this requirement include only single- and 2-family dwelling units. Mobile home and RV parks shall require design
review.
C. Application filing processing and review. An application for design review shall be filed in compliance with Chapter 14.42 (Application Filing and
Processing). The application shall be accompanied by the information identified in the Department handout for design review applications. It is the
responsibility of the applicant to provide evidence to that approval of the design review application would be in compliance with the purpose and
provisions of this section, and to preserve the public health, safety, and general welfare.
D. Applicable renew authority. The Director shall be the responsible authority for the review and approval/disapproval of design review appheations, in
compliance with the provisions of this section.
E. Consolidation ofsub&'vim'on applications. All applications submitted to the Department for approval of preliminary subdivision plats, in compliance
with Title 13, shall be accompanied by a design review application and supporting documents required by this section. The Director shall waive the
requirements identified in this subsection in these where applicant does not plan the construction of stiuetures upon the real property proposed to be
F. Changes to approvedplana. All construction, site development, and landscaping shall be carried out in substantial coropliance with the drawings,
plans, sketches, and other documents approved in compliance with this section. Any proposed changes shall be submitted for review and approval in
compliance with § 14.54.050 (Changes to an Appreved Preje¢ 0.
G. Process for Design Review. An applicant for design review shall comply with the following procedural requirements in order to determine whether
the request is in compliance with the provisions of the section. The requirements for design review include the following:
1. Coordination of the design review process. The Director shall have the responsibility of coordinating the design review process.
2. Preapplication conference. A prospective applicant agent may request the Director to arrange prcapplieation conference in compliance with
14.42.040A (Preapplication review). The preapplieation conference shall inclnde review of applicable development standards.
3. Submittal of application. The applicant agent shall submit design review application in compliance with Subsection C (Application filing,
processing, and review), above.
4. Cdteriafor design review. In considering application for design review, the Director shall be governed by the following ,•riteria:
The materials -used in construction and finishing the structure(s), and the elevations of the stsucturo(s), shall be compatible with the materials
and elevations of the structures in the immediate vicinity of the applicant's request;
b. The overall design of the structure(s) and its site shall not adversely affect the present or potential development of the nearby properties or the
traffic pattern abutting streets by virtue of the type of structure(s), sign(s), or their placement the lot and the location of parking and driveway access
areas;
All screening walls shall be compatible with the structure's design, color, and materials;
d. Access, sewage disposal, water and other public services to and for the site shall be adequate to the proposed development;
Specific provisions of deed restrictions and covenants to be recorded with the plat shall, where applicable, be adequate to ensure proper
Page 3 of 26
maintenance of all elements by the current and future property owners;
E On-site vehicular and pedestrian traffic cireulation and parking shall be adequate and convenient to the intended users; and
g. Landscaping shall be used, necessary, to enhance, soften, or screen architectural features from street view from the view of adjoining
properties. Details oflandsoaping watering systems shall be adequate to appropriate maintenance of all plant materials on the site, in compliance with
Chapter 14.32 (Landscaping Standards).
H. of decision. A notice of decision by the Director concerning all design review applications shall be mailed to the applicant for the design
Notice
review, posted Department 7 days following the date which the decision was rendered, and published
in the at least 7 days before the decision
becomes effective. The notice of decision shall contain the address or legal description of the subject property, description of the proposed use, information
to where and when approved plans for the development may be reviewed, and information concerning how an appeal of the Director's decision may be
filed.
I. At•eal of Director "s decision. The applicant, any owner of propet•y located within 300 feet of the subject site, may appeal the Director's decision
to the Commission, in compliance with Chapter 14.60 (Appeals).
1. Submitted in writing. The appeal of the Director's decision shall be submitted in writing to the Depatlment in compliance with Chapter 14.60
(A•ls).
2. Commissioner may request hean'ng. A member of the Commission may request public hearing before the Commission within 7 days of the
initial posting of the notice of decision by the Director to consider the addition, modification, deletion of any discretionary condition of approval.
3. Appeals concerning standards to BOA. Appeals of the Director's decision concerning standard requirements of this Development Code shall be
filed in compliance with Chapter 14.60 (Appeals) for consideration by the BOA.
4. Effective date. The decision of the Director shall become effective in 10 days from the date of initial publication in newspaper unless written
request for review is filed with the Department during the 10-day Period.
5. Public hearing required Theappea•shal•c•nsist•fapub•i•hearingbytheC•mmissi•n,incomp•iancewithChapter14.58(Pub•i•Hearings).
6. Commission's decision isfinal. The Commission may affirm, reverse, modify the decision being reviewed, and the decision of the Commission
is final.
J. Valich'ty of Dir.ector's approval. The approval of the Director shall remain valid for period of 12 months from the effective date of the approval.
1. Expiration of approval. If, at the end of that time, consla'uetion has not begun in enmpliance with § 14.54.040 (Time Limits and Extensions),
design review appmval shall expire and shall be in effect only if resubmitted for approval in compliance with this section.
2. Conformance with approvedplans. All ennstruetion and development under any building permit shall be in co nformance with the approved site
plan and elevations.
3. Changes shall be approved in advance. Any departure from the approved plans shall be cause for revocation of the building permit, disapproval
of occupancy permit, or revocation of occupancy permit, unless the changes are approved in advance, in compliance with § 14.54.050 (Changes to an
Apl•OVed Project).
IC Con&tions of approval. In approving design t•ewiew, the Director may impose conditions (e.g,, buffers, landscaping and maintenance, lighting, off-
site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, and the like) deemed reasonable and necessary
to ensure that the approval would he in compliance with the purpose and provisions of this section, and to preserve the public health, safety, and general
welfare.
L. Post approvalprocedares. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that identified in
Article V (Administration), and those identified in Chapter 14.54 (Entillement Implementation, Time Limits, and Extensions), shall apply following the
decision design review application.
§ 14.44.040 TEMPORARY USE PERMITS.
A- Purpose. The purpose of this section is to provide procedures for the review and approval/disapproval of temporary permits that allow short-
term activities that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary
B. Applicability. Temporary land shall not be established, operated, conducted in any manner without the approval and mainlenance of valid
temporary permit in compliance with this section• The following 2 categories of temporary uses identify the level of permit required, if any, based the
proposed dtnation, size, and type of use:
1. Exempt temporary uses identified in Subsection C (Exempt temporary uses), below;

2. Allowed temporary identified in Subsection E (Allowed temporary uses), below.
C. Exempt temporary uses. The following minor and limited duration temporary are exempt from the requirement for temporary permit. Uses
that do not fall within the categories defined below shall comply with Subsection E (Allowed temporary uses), below. The Director shall have the authority to
determine if proposed use, not identified within this subsection, would also qualify for exemption from the requirement for temporary permit.
1. Car washes for fand raising. Car washes, limited to maxinmm of 2 days each month for each sponsoring organization, non-residential
properties. Sponsorship shall be limited to educational, fraternal, religious, service organizations directly engaged in civic chafitsble efforts, to tax
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exempt organizations in compliance with § 501(c) of the Federal Revenue and Taxation Code.
2. Construction yar•n-site. On-site contractors' construction yards, in conjunction with approved construction project the site. The
construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing
the conslruetion project, whichever first occurs.
3. Emergency facilities. Emergency public health and safety needs/land use activities, as determined to be true "emergency" by the Director.
4. Garage sales. Garage sales exempt from the requirement for temporary use pennie, provided, that sales occur no more often than 2 times per
year per residence, for maximum of 2 consecutive days each.
D. Applicable time limits.
1. Up to 30 days. A temporary use may he allowed for inaximum period of time identified by the Director, but not to exceed 30 days.
2. Only l per quarter. Only temporary use permit may be issued to person, businass, or group (e.g., chursh group,, fraternal organization, and the
like) in each calendar quarter.
E. Allowed terntgorary uses. The following temporary uses may be allowed, subject 1o the approval of temporary use permit by the Director. Uses that
do not fall within the categories defined below shall comply with the use and development regulations and land permit review provisions that otherwise
apply to the subject property.
1. Car washes for fund raising. Car washes, operating more than 2 days, but limited to a rnaximum of 4 days for each sponsoriag organization-
Sponsorship shall be limited to educational, fraternal, religious, service organizations directly engaged in civic or charitable efforts, to tax exempt
organizations in compliance with § 501(e) of the Federal Revenue and Taxation Code. No than temporary use potrnit may be issued to business,
group, or peraon (e.g., fraternal organization, religious group, and the like) operating at the location in each calendar quarter.
2. Construction yaraI•off-•te. Off-site enntractors' cous•ruction yards, in ennjunction with approved construction project. The permit shall
expire and the constaa•ction yard shall be removed i•iately upen completion of the construction prbje•, t, the expiration of the companion bnildiag
permit authorizing the consttmction project, whichever first
3. Events.
Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fai•s,
farmer's markets, festivals, flea markets, food events,
outdoor entertainment/sporting events, rodeos, rmmnage sales, second hand sales, and swap meets for i0 consecutive days less, 6 two-day weekends,
within 12-month period.
b. Outdcor meetings, group activities, sales wi•in p•king mreas, for 7 consecutive days or less, wi•in 90-day l•niod-
4. Lo•ationfilr, ffng o•tivities. The tempor•' •e (up to maxi.mum of 30 consecutive days) of approved site for the filming nf commercials,
movies, videos, and the like. The Director shall make additional finding: the approval wnuld not result in fr•uency of uses likely to create
incompatibility between the •porary filming activity and the s•rrounding neighborhood.
5. O•tdoor di.•la•sale•. • •nporary outdeor display/sales nfmere•handise (e.g., parking lot or sidewalk sales) slMI be allowed only in
compliance with the following:
A maximum of 25% nf the existing perking spaces in particular parking lot may be utilized for • sale.
b. All parking lot entrances and exiks shall be kept clear.
Any activity proposed witl'fin public rightoof-way shall require special event permit frem the City Clerk's Ottice.
6. Re•ide•e. A mobile ho•e temporary residence of • property owner when valid b•ildi•g permit for new single-family dwelling is in
force, or for temporary care•u'•ker
specilied tlura•on, or •n expiration nfthe building permit, whichever firs• •ur•.
7. Seo•o•x•! sMes lot•_ Seasnnal sales activities (for e•ple, p•mpkius, Christmas trees, and the like) including •emporary residence/security trailers,
non-residential preperties, for 30 days o• less for each seasnnal pmd•ct, within 12-rannth l•riod.
8. Tempora• structures. A •emporary classroom, nflqce, similar potable structure, including manufactured mobile unit, may be approved, for
maximum time l•,-•iod of 12 months, acces•ry use or the first pl•se of development project, in the commercial and industrial zoning dis•ets.
9. Similar tempor• Similar tempr•rary whida, in the opinion of the Director, compatible wi.'th the z•ning dislrict end surrounding land
uses, and necessary because of un•.•.l •nique cirournstanoe• beynnd the control of the applicant
F. Applica¢ionfili•g• proee•i•g, a•d review. An application for temtmra•'y permit shall be filed with the Depertaneat aM processed in the
following
1. Applicatio• requiren,•e•s. An application for te•tmrary I•nnit sM1 be tiled in compliance with Cl'•pter 14.42 (ApplicationFiling and
Proce•ing). The applicatio• shall be •ompenied by the inforrr•tion identified in the Department handnnt for temporary permit applications. It is the
restmnsibility of the applican• to provide evidence in •l•rt of the findings reqnired by S•bsection H (Findings and decision), below.
2. Time for filieg An application for temt•rary permit shall be snbmit•l fur apl:•'•val, i• compliance with this sectinn, at least 15 days before
the date •t the pml•sed is scheduled to •ke
3. P•blic hearing •ot required. A public hearing shall not be required for decision on temporary use l:•nnit
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G. Standards. S•andards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to
the category of use the zoning district oftbe subject site shall be used guide for determining the appropriate development standards for temporary uses.
1. Adjustment of standards. The Director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with
the temporary nature of the use.
2. Removal of materials and structures associated with the temporary All mat•als and structures associated with the temporary shall be
removed within 10 days from the actual termination of operations, or atter the expiration of the temporary permit, whichever first ocours.
3. Tin'try-day interval before newpermit. A minimum of 30 days shall pass between the issuance of new temporary permit and the expiration of
similar temporary permit for the same property, the actual removal of the materials and strnctares associated with the former use, whichever last
4. Otherpermits required. Temporary uses may be subject to additional lJceuses, iuspectiom, or permits required by applicable local, state, or federal
requirements.
H. Findings and decision. A temporary use permit may be approved, modified, conditioned, or disapproved by the Director. Tbe Director may defer
action and refer the application to the Commission for review and decision at scheduled public beating. The Director may approve or conditionally approve
temporary permit application, only after first finding that:
1. Tbe establishment, msintenance, operation of the would not, under the circumstances of the particular case, be detrimental to the health,
•afety, general wdfare ofpersous residing or working in the neighbotbeod of the proposed use;
2. Tbe use, ss deacribed and conditionally approved, would not be detrimental injurious te Property and improvements in the neighborhcod to
the general welfare of the city;
3. Approved measures for the removal of the and site restoration have been required to ensure that changes te the site would limit the range of
possible future land otheavise allowed by this Development Code;
4. Adequate provisious have been made for fire protection, traffic access, parking, and circulation;
5. The would meet all applicable county and state health and sanitation requirements;
6. The time limit for the temporary is the mimmum necessary to achieve the applicant's inten• and
7. The temporary use would be compatible with the allowed in the subject zoning district.
I. Condition.• of approval. In approving temporary use permit, the Director may impose conditions (e.g., buffers, hours of operatien, landscaping and
maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, and the
like) deemed reasonable and necessary to ensure that the approval would be in compliance with the t'Ladings required by Subsection H (Findings and decision),
above, and to preserve the public health, safety, and general welfare.
J.Condition of site following temporary Each site occupied by temporary use shall be cleaned of debris, litter, any other evidence of the
temporary upon completion removal of the use, and shall thereafter be used in compliance with the provisions of this Development Code. The review
authority may require appropriate security before initiation of the to ensure proper cleanup after the use is finished.
IC Post •rpprovalprocedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in
Article V (Administration), and those identified in Chapter 14.54 (Entitlement Implementation, Time Limits, and Extensions), shall apply following the
decision on temporary use permit application-
§ 14.44.050 CONDITIONAL USE PERMITS.
A. Purpose. Conditional permits intended to allow for activities and which may be desirable in the applicable zoning district and
compatible with adjoining land uses, but whose effect on site and its surroundings cannot be determined before being proposed for particular location. The
procedures of this section provide for the review of the eenfiguration, design, location, and potential impacts oftbe proposed use, to evaluate the compatibility
of the proposed use with surrounding uses, and the suitability of the use to the site.
B. Applicability. A conditional use permit is requited to authorize proposed land uses and activities identified by Article II (Zoning Districts, Allowable
Land Uses, and Zone-Specific Standards) being allowable in the applicable zoning district subject to the approval of conditional use permit.
C. Application requirements. An application for conditioml permit shall be filed in compliance with Chapter 14.42 (Application Filing and
Processing). The application shall be accompanied by the information identified in tbe Department handout for conditional permit applications. It is the
responsibility oftbe applicant to provide evidence in support of the findings required by Subsection G (Findings and decision), below.
D. Review authority. Conditional use permits may be granted in compliance with the following:
1. Commission. The Commission may grant conditional permit for any use listed in Article II (Zoning Districts, Allowable Land Uses, and
Zone-Specific Standards) requiring conditional use permit, and
2. The Director may:
Grant minor conditional permit for any listed in Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards)
requiring minor conditional permit, in addition to those matters identified in Subsection E below;
b. Defer action and refer tbe application to the Commission for formal action.
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F• Minor conditional usepertnits. Minor conditional use permits may be granted for only the following minor land use activities, in addition to those
listed in Article II (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards):
1. Arts and crafts exhibits, farmer's markets, and flea rnarkets conducted at the same location semi regular basis (e.g., the first Sunday of each
2. Auctions, for more than 2 days each month for the sale of items (e.g., antiques, eollectibles, honse-hold components, motor vehicles, and the like)
authorized to be sold by the auctioneer,
3. Coramercial filming (e.g., commercials, movies, and the like) for more than 30 consecutive days; and
4. Temporary classrooms, offices, similar structures, including manufactmed mobile unit, which may be approved for time period exceeding
12 months from the date of original approval, an accessory or as the first phase of development project.
5. Advertising signs benches. Advertising signs on benches located private property may be allowed with minor conditional use permit and
shall comply with the following:
Bench advertising signs may be allowed on benches an accessory private property zoned for commercial industrial
b. Benehos with advertising signs shall not be allowed in the right-of-way public property.
A sign permit shall not be required.
d. One bench with advertising sign may be allowed property having street frontage of less than 50 feet. A maximum of 2 benches with
advertising signs may be allowed property having street frontage of 50 feet more.
Advertising signs may be allowed bench backrests only.

f. Advertising signs on benches shall not extend above the top or beyond the sides of the benoh backrest and the sign shall not exceed 6 feet
wide by 8 inches tall.
g. Bench adve•ising sign shall not count against the advertiser's the bench host property's total sign allowance.
h. When advertising signs placed benches by anyone other than the bench host property owner, written permission from the bench host
property shall be required and shall be submitted with the application for miner conditional use permit
i. A person, business, company shall net advertise for itself on bench located on its own property.
j. The minor conditional permit shall be valid for period not to exceed year.
k. Ninety percent of the net proceeds received for advertising on benches described above must be donated to city nonprofit organization. If
such adve•sing is bartered, an amount equal to 90% of the estimated barter transaction value must be donated to city nonprofit organization. Upon request,
documentation of snch donations shall be provided to the city.
F. Project review, notice, and hearing.

1. Each conditional use permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of
this section. The Director shall submit staffreport and recommendation to the Commission for their consideration.
2. The Commission shall conduct public heating application for conditional permit before the approval disapproval of the permit,
3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 14.58 (Public Hearings).
4. No public heating shall be required for the Director's action minor conditional permit
G. Findings and deciaion. Following public hearing, the review authority may approve disapprove application for conditional permit or
minor conditional use permit and shall record the decision and the findings upon which the decision is based. The review authority may approve the pemfit
only after first finding that:
1. The proposed is allowed with conditional permit or minor conditional permit, appropriate to the request, within the applicable
zoning district and complies with all applicable provisions of this Development Code;
2. The proposed is consistent with the goals and policies of the General Plan and any applicable specific plan;
3. The establishment, maintenance, operation of the would not, under the circumstances of the particular case, be detrimental to the health,
safety, or general welfare of persons residing working in the neighborhood of the proposed use;
4. The use, described and conditionally approved, would not be detrimental injurious to property and improvements in the neighborhood to
the general welfare of the city;
5. "[be subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways which
adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use; and
6. The design, location, operating characteristica, and size of the proposed would be compatible with the existing and future land in the
vicinity, in terms of aesthetic values, character, scale, and view protection.
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H. Con&'tions of approval. In approving permit, the review authority may impose conditions (e.g., buffers, hours of operation, landscaping and
maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation, and the
like) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G (Findings and decision),
above, and te preserve the public health, safety, and general welfare.
I. Post approvalprocedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that identified in
A•ticle V (Administration), and those identified in Chapter 14.54 (Entitlement Implementation, Time Limits, and Extensions), shall apply following the
decision conditional permit minor conditional use permit application.
(Ord. 09-976, passed 6-23-2009)
§ 14.44.060 VARIANCES.
A. Purpose. The provisions of this section allow for variances from the development standards of this Development Code.
1. Special privileges prohibited.

A variance may only be granted when, became of special circumstances applicable to the property, including location, shape, size,
surroundings, topography, other conditions, the strict application of this Development Code denies the property privileges enjoyed by other property in the
vicinity and under the identical zoning district. Furthermore, these same special circumstances create unnecessary hardship, which is not the result of the
acaions of the applicant (or stir-imposed by the property owner), or wpresent unreasonable regulation which makes it obviously impractical to require
compliance with the development standards.
b. A variance shall not be granted that would have the effect of granting special privilege not shared by other property in the vicinity and
under identical zoning districts, which is conlxary to the public convenience, health, interest, safety, welfare.
2. Does not extend to
The power to grant variances does not permit changes in allowable land uses, in compliance with state law (A.1LS. § 9-462.06 H [1]).
b. Flexibility in allowable land is provided in § 14.44.050 (Conditional Use Permits).
B. Review autho•ty. Variances may be granted in compliance with the following:
1. Director. The Director may grant minor variance in compliance with Subsection C below, may defer action and refer the application to the
BOA for formal action.
2. BOA. The BOA may grant variance in compliance with Subsection D below.
C. Allowable minor variances. An application for minor variance shall he considered by the Director governing only the development standards
identified in Table 4-2, brow.
Table 4-2
ALLOWABLE MINOR VARIANCES
Types of Minor Varianc¢• Allowed Adjustment

I. Area requirements. A decrease in the minimtan requirements. (Not including minimum lot 200/0
requirements numbcr below.)
2. Detached accessory structures. A decrease in the minimum required 10°/0

setback for detached accessory structure.
3. Fence walls. The construction offences, gates, pilasters, walls in the side Up to 1-foot
and rear yards which exceed 6 feet in height increase
4. Lot area. A decrease in the minimum required lot size. 10°/0
5. Lot coverage. An increase in the maximum allowable lot coverage. 10%
6. Lot depth. required lot depth.
A decrease in the minimum 10°/0
7. Lot dimensions. A decrease in the minimum required lot dimensions. 20%
8. Lot width. A decrease in the minimum required lot width. 10%
9. Open space. A decrease in the minimum open space requirements. 10°/0
10. Parking lot standards. A decrease in minimum parking lot and loading space 10%
dimensional standards (e.g., aisle, driveway, and space widths).
11. Projections. An increase in the allowable projection of canopies, cornices, 10%
eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways,
and steps into required setback areas, but closer than 3 feet to any property line.
12. Setback A decrease in the required front, side, and setbacks. 10%
13.Other standards. The Director shall also be allowed to vary other standards 10°/0
including minor operational/performance standards relating to dust, glare, hours of
operation, landscaping, light, noise, and the like
14. Required Variance. A request which exceeds the limitations idetaified in this Subsection shall
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require the filing of Variance application in compliance with Subsection D below.
D. Variances. The BOA may grant adjustment from the requirements of this Development Code governing only the following slandards:
1. Development standards. Any development standard identified in Subsection C. (Minor Variances), above where the requested adjustment exceeds
the maximum limits for minor variances;
2. Dimensionalstandards. Dimensional standards including distance-separation requirements, fence and wall requirement, landscape and paving
requirements, lighting, loading spaces, lot area, lot dimensions, parking areas, open space, setbacks, structure heights, and the like;
3. Numerical standards. Number of off-street parking spaces, loading spaces, landscaping and the like;
4. C-raa•'ngs•andards. Maximum lot grading standards;
5. Signs. Sign regulations (other than prohibited signs); and
6. Other. Other standards including operational/performance standards relating to dust, glare, horn's of operation, landscaping, light, noise, number of
employees, and the like.
E. Application requirements. An application for variance shall be filed in compliance with Chapter 14.42 (Application Filing and Processing). The
application shall be accompanied by the infonnadon identified in the Dapar•nent handout for variance applications. It is the responsa'bility of the applicant to
provide evidence in support of the findings required by Subsection G (Findings and decision), below.
F. Notice and hearings.
1. Minor variances. An application for Director's decision minor variance shall be noticed by posting the subject site and notifying
immediately adjoining neighbors.
2. F'a•'ances.
A public hearing shall be required for all valances, which shall be considered by the BOA.
b. A public heating shall be scheduled the Director has determined the application complete.
Noticing of the public beau5 ng shall be given in compliance with Chapter 14.58 (Public Hearings).
G. Findings and decision. The applicable review authority shall record the decision in writing with the findings which the decision is based.
Following public hearing, if required, the review authority may approve variance application, with or without conditions, only after first finding that:
1. There are special circumstances applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions),
that the strict application of this Development Code denies the property privileges enjoyed by other property in the vicinity and under the identical zoning
district, creates an unnecessary hardship, which is not the result of the actions of the applicant (or self-imposed by the property owner); and
2. Granting the variance would:
Be consistent with the goals and policies oftbe General Plan and any applicable specific plan;
b. Not constitute grant of special privileges inconsistent with the limitations other properties in the vicinity and under the identical zoning
district; and
Not be materially de,mental to the public oonvenience, health, interest, safety, welfare of tbe city, or injurious to the property
improvements in the vicinity and zoning district in which the property is located.
H. Compliance with findings. In approving variance(minor major), the applicable review authority may impose condilions (e.g., buffers,
landscaping and maintenance, lighting, off-site improvements, parking, perforruanco guarantees, property maintenance, signs, surfacing, traffic circulation,
and the like) deemed reasonable and necessary to:
1. Comply with section. Ensure compliance with the general Puq•ose of this section, and the goals and policies of the General Plan and any applicable
specific plan;
2. Prohibit specialprivileges. Ensure that the variance does not grant special privileges inconsistent with the limitations other properties in the
vicinity and under the identical zoning dislrict in which the property is located;
3. Comply with findings. Ensure that the approval would be in compliance with the findings required by Subsection G (Findings and decision),
above; and
4. Protect interests. Protect the best interests of the surrounding property neighborhood, and to preserve the public health, safety, and general
welfm-e.
I. Post approvalprocedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that identified in
Article V (AdmiuisWation), and those identified in Chapter 14.54 (Entitlement Implemenlation, Time Limits, and Extensions), shall apply following •he
decision variance application.
§ 14.44.070 PLANNED UNIT DEVELOPMENTS.
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A. Purpose, intent, and objectives.

1. Purpose.
A Planned Unit Development (referred to in this section "PD") is development in which structures, land use, open space, transportation
facilities, and utility systems are integrated through overall unitary design on single parcel of land.
b. The total parcel (rathe• than single lot) is the unit that is to be developed and to which city guidance is directed.
City review is accomplished by combining conditional use, subdivision, and design review into single process which is designed to provide
framework for the development of desirable urban environment through application of contemporm-y site planning techniques and architectural forms.
d. The PD process is aimed at incorporating creativity and flexibility in site design which generally cannot be achieved through s•et adherence
to zoning dislaict and subdivision standards.
2. Intent. The PD is intended to be used overlay district with specified subdis•cts.
3. Objectives. The PD district is intended to be used to achieve the following objectives:

The encouragement of efficient use of land and resources that can result in savings to the community, consumers, and developers;
b. The preservation of valuable landscape, terrain, and other environmental amenities;
The provision of diversified, innovative living, working, or shopping environments that lake into consideration community needs and activity
patterns; and
d. The achievement ofm•ximum energy efficiency of land
B. Specific requirements. In order to qualify for PD district zoning classification, proposed development must first meet each of the following
specific requirements:
1. The area proposed shall be under ownership management. Land within PD district shall not be subdivided and sold to others prior to
completion of the installation of required improvements.
2. The property must be located within of the 10 sub-districts depicted the maps attached to this section.
3. The PD zoning cannot be used in the R- (Single-Family) the R-2 (Duplex) zoning dis•cts.
C. Uses within Planned Unit Development. It is the intent of the PD district to provide maximum flexibility with regard to the mixture of land uses.
With PD dis•ct, any land may be permitted if such or can be shown to provide an orderly relation and function to other uses in the
development and to existing land uses, well with due regard to the General Plan of Lake Havasu City. The permitted use uses of pmpoay located in
the PD shall be determined at the time the zoning district and development plan is approved, and development willfin the district shall be limited to those
specifically requested part of the application and approved by the Lake Havasu City Council. Any addition of uses, change of plans, inca•ase in size
density shall require separate application for amendment to the original approved PD and shall follow the stone process as any other zoning ordinance
amendment
D. Guidelines for design. The following principals for proposing and mixing land uses recommended:
1. The proposed development shall he designed to produce environment of stable and desirable character not out of harmony with its
surrounding neighborhood.
2. Personal and individual privacy shall be maintained and balanced with the provision of public and common
3. Interest and variety sh•ll be sought by of street design and changes in and mixtures of building types, heights, facades, setbacks, planting,
size of opon space, and the design shall be harmonious whole and not simply from street to street.
4. Natural amenities of the land shall be presetwed through maintenance of conservation and open spaces. A minimum of at least 20% of the
gross area of the site shall be retained in open space.
5. Height of particular buildings shall he designed to be consistent with the reasonable enjoyment of neighboring pmpeffc] and the efficiency of
existing public services and facilities.
6. Within primarily residential development, commercial and office uses, if proposed, shall be scaled and integrated into the overall design.
Commercial and office within the development shall be along the street oftbe development and be accessed by arterial collector road when
possible.
7. Structures or buildings located atthe perimeter oftbe development shall be permanently screened in manner that sufficiently protects the privacy
and amenities of the adjacent, existing and proposed uses.
E. Review standards. In considering and acting upon applications for rezoning to the PD district, the Planning Commission and City Council shall
consider and base their recommendation and decision, respectively, on the following information:
1. The proposed development shall be consistent with and conform to the Lake Havasu City General Plan.
2. Conformity to the purpose and intent of the PD district.
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3. The exception from the standards of the underlying zoning district warranted by the design and amenities incorporated into the development
plan and programs.
4. Harmony with the surrounding area or its potenbal future use, and incorporates unified internally compatible a•hitectural treatmenl.
5. Quality of site design.

6. Integration of variety of land uses, building types, and densities.
7. Preservation of natural featu•s.
8. Compatibility with adjacent land uses.
9. Provision and type of open space and the provision of other amenities designed te benefit the general public.
10. Adequacy of utilities and other public facilities.
F. Lot size and lot width and building height.

1. There shall be no requirements for minimum lot size, minimum lot width, lot coverage, yards and building setbacks, or height requirements that
apply to PDs within the sub-districts. Dimensional requirements shall be proposed by the applicant of the PD and approved by the City Council via
adoption of the general development plan.
2. Maximum structure height may exceed those of the underlying zoning district to the maximum heights indicated in Table 4-2 below. Structures
within 100 feet of Single Family zoning dislricts, including the R- 1, R-2, R-E and R-A zones, shall be limited to the maximum height allowed in the
underlying zoning district.
Table 4-2(a)
Standards for Exceptions to Underlying Zoning District Height Limits
PD Sub-DistKct Maximum Allo•n•d Height
Council approval
2 60 feet
3 60 feet
4 60 feet
5 90 feet/60 feet*
5A 60 feet**
6 60 feet
7 60 feet
8 Council approval
9 Council approval
10 60 feet
*Only properties within the Channel Riverwalk area, shown Figure 1, axe eligible for height exception to 90 feet and only if the property is being
rezoned to the Channel Riverwalk zoning district Properties within Sub-District 5, but outside the Channel Riverwalk, only eligible for height exception
to 60 feet.
**The Black Reek Preserve is not eligible for height exception.

Figure Channel Riverwalk Area
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3. Within the Channel Rivetwalk of Sub-District 5, shown Figure 1, the planned development process is aimed at incorporating creativity
and flexibility in the site design and architectural fonn. In exchange for the flexibility allowed by the planned unit development process, the city will
negotiate with developers to provide additional public parking. It is the city's intent to increase public parking as much possible in this to address
special events and peak demand times. In addition, the city will negotiate to increase the amount of commeroial/retail space/floor to encompass the
second floors era proposed developmenL
4. Yard selback, type of dwelling unit, lot frontage and width and use restrictions contained in underlying zoning district standards may be waived
modified for the PD district, provided that the intent and objectives of the PD complied with in the general development plan. Stn•tme separation shall be
maintained in compliance with the requirements of the adopted Building Code and good design principles.
5. In cases of conflict between standards of the underlying zoning district and the PD district, the standards of the PD distrct shall apply.
G. Requiredfin&'ngs. Following public heating, the review authority may approve, conditionally approve, or disapprove PD application and shall
record the decision and the findings upon which the decision is based. The review authority may approve the PD only after first finding that:
1. The proposed development shall be consistent with and conform to the Lake Havasu City General Plan;
2. The exceptions from the standards of the underlying district warranted by the design and amenities incorporated into the development plan and
3. The proposal is in harmony with the surrounding or its potential future use, and incorporates unified internally compatible architectural
treatment;
4. The system of ownership and the of developing, preserving, and maintaining open spaces is suitable;
5. The approval will have beneficial effect on the which could not be •zhieved under the primary planning designation for the area;
6. The proposed development, unit thereof, be substantially completed within 3 years from the date of approval;
7. Adequate public facilities and sendces available or are proposed to be made available in tl•e construction of the ProjeOc, and
8. The general objectives of the PD disttrct and the applicable objectives of the various categories of planned development have been met.
H. Procedure for approval of Planned Unit Development District.
1. Tlae filing of plan for PD shall be considered amendment to the zoning regulations and shall meet the requirements for amendments
specified in the Code of Lake I-Iavasu City. An application for rezoning to the PD distrct may be considered simullaneously with, or to be combined with,
preliminary plat approval • required by this code if Preliminary plat approval is requested simultaneously by the applicant and ff the rezoning application for
the PD district contains all information required for preliminm'y plat shown in Chapter 13 of the Code of Lake Havasu City, and any other additional
information stated below.
b. In order to better regulate and coordinate the architectural design standards of proposed PD and to insure the approval ofa PD represents
positive addition to the aesthetics of the community, Architectural Design and General Development Standards required in Chapter 14.30 of this code and the
Guideline for Design found in this section shall be reviewed by and approved, denied, or modified by the City Council upon recommendation of the Planning
Cormnission as part oftbe public hearing process.
2. The Planning Commission shall review the proposals prior to submitting recommendation to the City Council. The Planning Commission may
make reasonable recommendations to protect adjoining residential lots uses, to protect the PD from adjacent
3. Approval of the general development plan by the City Council subsequent to public hearing constitutes approval of the PD.
I. Procedural requirements.
1. Preapplication •onference required Theapp•i•antf•rPDapprova•sha••s•hedu•ea•reapp•i•ati••conferen•ewiththeDire•t•rincomp•ianee
with § 14.42.040 (Application Preparation and Filing) for the purpose of reviewing procedural and review requirements necessary to can3' out the applicant's
intent.
2. Concept plan review. Before applying for PD approval, applicant may prepare PD concept plan for review and determination by the Planning
Commission. The purpose of the concept plan review is to •ssist the applicant in ref'ming the PD concept and to provide early indication of the acceptability
of proposed development, thereby eliminating the time and expense of submitting an unacceptable application.
Content of concept plan. The concept plan shall contain the following information:
(1) Enough of the surrounding to demonstrate the relationship of the PD to adjoining existing and planned uses; existing topographic
character of the site; existing and proposed land and their approximate location; the character and approximate lot coverage and density; circulation,
including collector and arterial and pedestrian; public uses, including schools, parks, open spaces, ete; and
(2) development plan which contains the following information: explanation of the character
A written statement to accompany the outline
of the PD and the planned to address the general PD objectives; statement of Present ownership of all land included within the
in which it has been
proposed PD; general indication of the expected schedule of development-, general indication of the expected public interest to be served by the proposed
PD, and conformance of the PD to the General Plan; and general statement regarding conformance to the purpose of the category of PD proposed.
b. Planning Commission's action. The Commission shall infomaally review the PD concept plan at public heating (see 3.b.(1) below) and shall
act to grant approval, approval with recommended modifications, disapproval.
3. Plan compliance review process. The applicant shall meet the following procedural requirements:
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Application for PD district approval.

(1) The applicant shall submit application for approval ofa PD district and general development plan. The application shall substantially
conform to the concept plan acted onby the Planning Commission may have been modified by the Planning Commission during the conceptual plan
approval.
(2) The application for design review in compliance with § 14.44.030 (Design Review) may also be reviewed at the same time.
(3) The application for the PD shall be filed in compliance with Chapter 14.41 (Application Filing and Processing). The application shall be
accompanied by the information identified in the Department handout for PD applications.
b. Review authority's action.
(1) Planning Commission's action. The Planning Commission shall conduct public hearing in compliance with Chapter 14.58 (Public
Hearings) and take action to recommend approval, conditional approval, or disapproval of the PD general development plan and design review application
and, if applicable, the preliminary subdivision plat with or without conditions, or recommend disapproval of the application in compliance with Subsection E.
(Required findings).
(2) City Council's action. Upon receipt of the findings and roconnnendations of the Planning Commission, the City Council shall hold public
hearing in compliance with Chapter 14.58 (Public Hearings) after which they shall decide to approve the PD and general development plan and design review
with without conditions, or disapprove the application in compliance with Subsection E (Required findings).
(3) Design review. To insure the approval of PD represents positive addition to the aesthetics of the con•nunity, Architectural Design and
General Development Standards required in Chapter 14.30 of this code shall be approved by the City Com•cil upon recommendation of the Planning
Commission pa• of the public heating process.
(4) Final subdivision plats. If the proposal involves the subdivision of land, final plat shall be Prepared by the applicant and submitted to the
City Council for final approval in compliance with Title 13.
J. Additional information to beprovided In addition to the requirements for preliminary plat approval described in Chapter 13, the following
information shall be provided by written report additional information.
The proposed title of the project and the name of the engineer, architect, designer, landscape architect, and the developmenL
A location map showing the position of the proposed development in relationship to the surrounding
3. A general description of the proposal, stating the purpose and goals of the development, and the design fealnres incorporated for meeting these
goals.
4. A discussion of the proposed standards for development, including restrictions the of the property, density standards, yard requirements and
restrictive covenants.
5. Plans for protection of abutting properties, including buffets, screening, and landscaping.
6. Proposed development timetable, including all planned phases of the project.
7. Proposed location, intended use, and character of all buildings, including tabulation of the total number of dwelling units.
8. A tabulation of total number of acres in the project, gross and net, and the square footage thereof proposed to be devoted to different dwelling
types, commercial uses, other non-residential uses, off-street parking, streets, parks, schools, and other public and private reservations.
9. Developments seeking height exception shall submit detailed building and topographic elevations in relation to Properties within 500 feet of the
Property lines of the proposed development to demonstrate the relationship of the PD to adjoining existing and planned
IC Deed restrictions. The Planning Commission may require filing of deed restrictions to help can-y out the intent of this resolution and specifically the
intent of the PD dishhct.
L. Provisions regarding timing and changes to approved plans.

1. Timing of development.
Phasing.
(1) Any plan which requires than 12 months to complete shall be constructed in phases substantially complete in themselves, and
phasing plan shall be submitted and approved part of the general development plan.
(2) The Council may require that development be done in phases, if public facilities and services are not adequate to initially serve the entire
development.
b. Failure to begin PD. •fsubstantialc•n•tructi•n•rdeve•••menthasn•ttakenplacewithin3yeatsfr•mthe•rigina•date•fa•Pr•val•fthe
general development plan, the City Council shall review the district at public heaxing to determine whether not its continuation in whole or in part is in the
public interest, and if found not to be, shall act to remove the PD District the property. The City Council, at the request of the applicant, may grant an
extension of time, if justifiable.
2. Changes in approved plans. Changes to approved plans may only be made in compliance with § 14.54.050 (Changes to anApproved Project)and
the following:
Page 13 of 26
Major changes. Major changes in the general develolrment plan and program, a_fter it has been adopted, shall be considered the same new
application, compliance with this section.
and shall be made in
b. Minor changes. Minor changes in the general development plan and program may be approved by the Planning Commission; provided, the
changes do not increase the densities, do not change boundaries, do not change any use, and do not change the location or amount of laad devoted to specific
land
M. Density.
1. Maximum number of dwelling units allowed
In order to maintain the integrity of the General Plan a•d can-y out the intent of this Development Code, the City Council shall determine the
maximum number of dwelling units allowed in each residential PD affording to the quality and adequacy of site design approved in the general development
plan within the following density ranges. Under circumstances shall the number of dwelling units exceed the maximum density in the range in compliance
with Table 4-3, below.
TABLE 4-3
MAXIMUM NUMBER OF DWELLING UNITS ALLOWED
Zoning District Dwelling Unlts per Acre

R-3 4 to 10
R-4 10 to 20
R-5 10 to 20
Net residential densities shall be utilized when determining residential densities. The formula for calculating net residential density shall be
follows:
D= A-(e+i+ s+a)
W]lere:
D Net residential demity

du Total number of dwelling units in project
A Total site (acres)
Total commercial land area, including churches (acres)
Total indus•al land (acres)
Reserved but undedicated school sites (acres)
Arterial rights-of-way previously dedicated (a•res)
Density tran•Tfer. •ncaseswherethepm••sedresidentia•PDsiteinc•udes•andswithinthedesignated•••-year•••d••ain•r••annod•ub•i••and
2.
uses, thecity may authorize the transfer of the number of units that would otherwise be allowed these lands, calculated according to the method described
in Subparagraph l.b. above, to the portion of the site not so designated in exchange for the dedication of the designated lands for public purpose, subjeot to the
following limitations:
In case shall density be transferred to portion of the site which can be shown to be unable by reason of size location te accommodate the
addilional density without causing undue adverse effects the surrounding area and otherwise I• be inconsistent with the purpose and intent of the PD; and
b. Public facilities and services shall be found to be adequate to accommodate development which includes the transferred density.
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(Ord. 08-923, passed 6-10-2008; Ord. 07-876, passed 5-29-2007; Or& 06-780, passed 1-24-2006)
§ 14.44.080 SPECIFIC PLANS.

A. Purpose.
1. This section provides process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with state law (A.1LS.
§§ 9-461.08 et seq.), or these sections may be amended from time to time.
2. A specific plan is designed to provide for flexibility and encourage innovative of land resources and development of variety of housing and
other development types.
B. Intent. An adopted specific plan shall replace the base zoning district for the subject property, and the development standards identified in the specific
plan shall lake precedence the general standards contained in this Development Cede.
C. Applicability.
1. Review authoHty. An application for specific plan shall be considered by the Commission and Council.
2. When required. A apecific plan shall be requirod when the subject site is 40 acres in area, and may be required when the subject site is 40
or less in when determined to be appropriate by the I)irector, required by the Growth Management Element of the General Plan.
D. Minimum project
1. Tenacres. The minimum project area for specific plan shall be 10acres.
2. Ownership. The project may be parcel under single ownership combination of adjoining parcels subject to unified planning concept
with the full written concurrence of all applicable property owners.
E. [nitialion andpresubmittal requirements. A specific plan may be initiated in the following manner:
1. Council. By resolution of intention adopted by the Council; or
2. Property owner(s). By application being filed by the owner(s) of property which would be the subject of the specific plan, by agent for the
owner(s). by an applicant, the following shall first occur:
If initiated
Preapplication conference required A preapplication conference with the Director is required before the filing of specific plan application, in
Page 24 of 26
compliance with 14.42.040A (Preapplication review).

b. Specificplan concept plan required. A preliminary ske•h plan shall be presented to the Director during the preapplication conference.
(1) The Director shall make preliminary determination to the conformance of the concept plan with the General Plan, determine whether
General Plan amendment is required, shall provide preliminary list of issues that will likely be of concern during formal application review, suggest possible
alternatives modifications to the project, and identify any technical studies that may be necessary for completion of the review process when fonnal
specific plan application is filed.
(2) Neither the preapplication review nor information and/or pertinent policies provided by the Director shall be constroed
recorranendation for approval or disapproval of the application/project,
Public meeting(s) required

(l) Before the preparation or submittal of the specific plan application, the applicant shall hold at least public meeting to identify potential
community impacts and concerns relating to the proposed plan, in compliance with state law (A.1LS. § 9-461.09 [Procedures for Adoption of Specific Pla•.s
and Regulations]), this section may be amended from time te time.
(2) Public notice of the meeting is required in compliance with Chapter 14.58 (Public Hearings).
d. Preparation and content. If initiated by applicant, the application for specific plan shall be filed in compliance with Chapter 14.42
(Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for specific plan
applications. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection I. (Findings and decision), below.
Additionally, the applicant shall prepare draft specific plan that includes detailed information in the form of text and diagram(s), organized in compliance
with the following provisions:
(1) The dis•bution, location, and extent of land uses proposed within the covered by the specific plan, including open space areas;
(2) The proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage,
energy, sewers, solid waste disposal, water, and other essential facilities proposed to be located within the specific plan and needed to support the
proposed land uses;
(3) Standards, criteria, and guidelines by which development would proceed, and standards for the consentation, development, and utilization
of natural resources, where applicable;
(4) A program of implementation measures, including financing, regulations, programs, and public work• projects, necessat3' to carry out the
proposed land uses, infrastructure, and development and conservation standards and criteria;
(5) A description, in sufficient detail, of the cad teria and process for the amendment of the specific plan, which shall no be less restrictive than
the minimum requirements identified in this section for the original review and adoption of the specific plan;
(6) A discussion of the relationship of the specific plan to the actions, goals, objectives, and policies of the General Plan; and
(7) The specific plan shall contain additional information determined to be necessary by the Director based the characteristics of the to
be covered by the plan, applicable goals and policies of the General Plan, or any other issue(s) determined by the Director to be siguificanL
App•icati•n ••ing •r•ce••ing and review. •f initiated by an aP••ica•t, th• draft speci•c plan sha•• be ••ed with th• D••artment, and sha•• be
accompanied by the fee established by the city's fee resolution. If initiated by than property owner, their respective agents, the written cement of all
property owners of record within the proposed specific plan area shall be required at the time of application submittal. The draft plan shall be processed in the
same required for General Plans, in compliance with state law (A•R.S. § 9-461.06 [Adoption and Amendment of General Plan; Expiration and
geadoption]), and follows:
(1) Director's evaluation.
(a) After the filing of draft specific plan, the Director shall review the draft plan to determine whether it conforms with the provisions of
this chapter.
(b) If the draft plan is not in compliance, it shall be returned to the applicant with written specification(s) to why it does not comply, and
with suggested revisions to compliance.
(c) When draft plan is returned by the applicant to the Department and the Director determines it is complete and in compliance with this
chapter, the plan shall be deemed to be accepted for processing, in compliance with § 14.42.060 (Initial Application Review).
(2) Staff report. A written staffreport shall be prepared for the draft specific plan which shall include detailed recommendations for changes to
the text and/or diagrams of the specific plan, as necessary to make it acceptable for adoption.
F. Commission and Council hearings required The Commission and Council shall conduct public hearings the specific plan application in
compliance with state law (A.R.S. 9-461.06) and Chapter 14.58 (Public Hearings).
G. Commission "s action. The Commission's action shall be included in written recommendation to the Council the proposed specific plan whether
to approve, approve in modified form, or disapprove based upon the findings identified in Subsection I. (Findings and decision), below.
H. Council's action.
1. Upon receipt of the Commission's recommendation, the Council may approve, approve in modified form, disapprove the proposed specific plan
based upon the findings identified in Subsection L (Findings and decision), below.
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2. Any change(s) to the specific plan that were not considered by the Commission may be refen•ed to the Commission for its reenrnmendation.
3. Failme of the Commission to report within 60 days after the referral, longer period set by the Council, shall be deemed recommendation for
the approval of the change(s).
I. Findings and decision.
1. A specific plan may be approved, only if all of the following findings made:
The proposed specific plan is consistent with the goals and policies of the General Plan;
b. The proposed specific plan wonld not be detrimental to the public interest, health, safety, convenience, or weifare of the city;
The subject property is physically suitable and adequate infrastructure exists for the requested zoning designation(s) and the anticipated land use
developmenl(s•, and
d. The proposed specific plan ensures development of desirable character which would be harmonious with existing and proposed development in
the surrounding neighborhood.
2. The specific plan shall be approved by otxlinanee of the Council, in compliance with state law (A.R.S. § 9-461.09).
J. Inrplementation and amendments.
1. Consistency with specific plan. Atter the adoption of specific plan, public works project, tentative map or parcel map, for which tentative
map not required, may be approved/adopted within covered by specific plan only if it is first found consistent with the specific plan.
2. Implementation of specific plan. The implementation process for reviewing and approving development projects located within covered by
spocifie plan shall be identified in the adopted specific plan.
3. Amendments. A specific plan may be amended through the criteria and process for amendment identified in the adopted specific plan, which shall
be consistent with, and not less restrictive than, the minimum requirements identified in this section for the original review a•l adoption of the specific plan.
4. Modifications.
A development standard(s) identified in specific plan may be modified by recommendation of the Commission and formal action of the
Council, conducted during public heating in compliance with Chapter 14.58 (Public Hearings).
b. The Council may grant or mere modifications only if all of the following findings made:
(1) The modification(s) is necessary to properly implement physically and economically viable project; and
(2) The modification(s) would compliance with the general purpose and intent of the specific plan.
§ 14.44.090 ABANDONMENT OF EASEMENTS.
A.Purpose. The purpose of this section is to provide procedures for the abandonment of excess public utility and drainage easements in order to protect
the public health, safety, and general wdfare of the city's residents by ensuring the availability of suitable utility service to subdivided lots within the city and
by protecting existing public utility and drainage easements.
B. Definition of easements. Public utility and drainage easements, which dedicated in favor of the general public• are intended to serve as grant of
the tight to use strip of land for the installation and maintenance of utilities and drainage facilities reserved and shown recorded plat
C. Maintenance of eosement.
1. Structuresprohibited. Within public utility and drainage easements, structure, planting, other material shall be placed allowed to remnin
which may damage interfere with the installation maintenance of utilities, or which may change the direction of flow of drainage channels in the
easements, determined by the City Engineer.
2. Maintenance required. The easement shall be maintained by the property owner, except for those improvements for which public authority
utility company is respons•le.
D. Abandonment procedure.
1. Preapplication conference required A prospective applicant for abandonment shall schedule preapplieation conference with the Director for
the purpose of reviewing procedural and review requirements necessary to carry out the applicant's request for abandonment
2. Application requirements. An application for abandonment shall be filed in compliance with Chapter 14.42 (Application Filling and
Processing). The application shall be accompanied by the information identified in the Departanent handout for abandonment applications. It is the
responsibility of the applicant to provide evidence in support of the findings required by Subparagraph E4 (Findings for abandonment), below.
3. All costs to be borne by applicant. All costs associated with the abandonment shall be berne by the applicant
4. State and agency revfew. Upon acceptance of the application, the Director shall transmit the application materials to appropriate review agencies
and staff departments.
Page 26 of 26
5. Councilapprovalrequired The Director shall transmit copy of the application materials and copy of the staff findings and recommendations to
the Council, which shall act to approve, approve with modifications, or disapprove the application, in compliance with Subparagraph E.4. (Findings for
abandonment), below.
E. Conditions, findings, and decision. In order for aneasement lobe abandoned, the following conditions and findings shall apply:
1. Guying requirements. Where there is 10-foot by 50-foot guying requirement on the public utility easement (PUE) for the specific purpose of
guying utility pole, abandonment of 10-foot by 25-foot portion may be considered.
2. Relocalion of easement. In association with the combination of lots, consideration may be given to the relocation of an existing PUE to another
location within the affected lots. However, it shall be noted that in many eases these PUEs cannot be relocated due to existing facilities or due to the location
of the existing PUE being contiguous with other PUEs within the
3. W•tten approval required. Written approval from all affected utility companies shall be necessary before the abandonment is approved.
4. Finding•for abandonment. Unless it is determined that the easement and utility setndces or drainage facilities can be properly relocated, the
following findings shall be made before Council approval of request to abandon. The easement shall not:
Contain utility lines of any nature in that portion to be abandoned;

b. Be used to convey street run-offwaters to established wash facilities; and
Be required for future systems expansion by any public private utility.

F. Abandonraent to be recorded •-hea•••ieautsha••beresp•nsl-b•ef•rrec•rdingtbeaband•nmentinthe•f•i•e•ftbeC•untyRecorderf••••wing
Council approval.
Dlsclak•r:
This Code of OT•snc•s and/•" any o•e• documents that 8pp•ar this site rnsy relied the most C•Tent le•istatkx) .dopted by Munir•pality. Ame•csn Legal Pu•is• Compassion Ixcev•es these
•.urnent for in fc•matJonsl purposes (•ly_ These should be relied • defin•ive authority for • I•atl(:•. Ad•ti•aW, the fc•mattJng and pa•nation o• posted documents from
800-445-5588.
lech suooed•l) mleaM,co•n

"1.800.445.5588.
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Amended LHC Complaint

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Amended LHC Complaint

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BEUS GILBERT PLLC

4 Paul E. Gilbert/AZ Bar No. 002946

3 4. This Complaint concerns real property located in Mohave County, State of

4 Arizona and the annexation of real property by the City.

7 6. Venue lies in this Court pursuant to A.R.S. § 12-401.

14 120-46-365 ("Parcel E"); and

15 B. Parcel F, approximately 3.86 acres, located at 3100 Arnold

17 120-46-366 ("Parcel F"). [Exhibit 1, Parcel Map].

19 (hereinafter referred to as "The Refuge" or the "Subdivision").

21 9. The developed originally by an entity named Zenn LHC, LLC

22 (hereinafter referred to as the "Original Developer").

7 A. A conservation easement for the golf course needed to be established

8 "to ensure the durability of this feature of the subdivision";

11 submitted plat; and

13 advise the purpose of such a site. [Exhibit 2, September 28, 2000

14 Correspondence (emphasis added)].

19 responded to the second submittal by again requiting that:

21 to Mohave County to ensure the durability of this feature of the

24 covering. [Exhibit 3, February 15, 2001 Correspondence (emphasis

14 would approve the rezoning subject only to the following:

15 1. THE REFUGE AT LAKE HAVASU, Tract 3701, will be

3 24. foregoing is consistent with subsequent Resolutions enacted by the

19 •iat." [Exhibit 8, January 24, 2002 Correspondence (emphasis added)].

23 be further divided." [Exhibit 9, Resolution No. 2002-98 (emphasis added)].

8 [Exhibit 11, Final Plat].

11 [Exhibit 11, Final Plat].

15 Parcels could not be further divided.

16 IV. TRANSFER OF PROPERY AND RIGHTS TO CITY CENTER

7 constructing an RV park thereon.

11 41. redevelop The Refuge, on or about June 1, 2010, City

12 Center submitted an annexation application to the City (the "Annexation Application").

13 [Exhibit 12, Annexation Application].

16 approximately 264 RV pads thereon. [Exhibit 12, Annexation Application].

21 current Mohave County zoning." [Exhibit 12, Annexation Application].

23 areas characterized by or appropriate for a "variety of visitor-serving retail, service, and

7 [Exhibit 13, Annexation Agreement].

16 those permitted by the county immediately before annexation."

2 zoning and Resolutions of Mohave County,

7 annexation to speak freely.

14 (Declaratory Judgment Breach of A.R.S. § 9-471(L)

24 discussed at City Council meetings

13 could not be divided. Despite these zoning restrictions, the City's

21 C. Use of restrictive covenants and conditional satisfy

4 recreational, public and residential.

13 proper to determine the rights and status of the parties.

15 (Declaratory Judgment- Breach of A.R.S. § 9-471(A)

13 72. Based foregoing, declaratory judgment addressing the claims in

15 proper to determine the rights and status of the parties.

17 (Declaratory, Judgment Improper use of Development Agreement As Zoning)

25 A.R.S. § 9-471(L) (emphasis added).

6 [Exhibit 13, Annexation Agreement].

17 town for the rezoning of land."

21 avoid public notice, hearings, or citizen participation in the rezoning process.

23 require subsequent zoning of the Parcels to be accomplished through an established rezoning

5 (Declarator• Judgment Annexation Agreement And Zoning Violate General Plan}

4 residential development would occur" but specifically provides that "[r]esort-residential

6 Use Plan and General Plan].

17 to determine the rights and status of the parties.

19 (Declaratory Judgment Annexation Agreement And Granting of Conditional Use

9 [Exhibit 16, Section 14 of the Development Code of Ordinances].

13 14.44.050 of the Development Code.

21 declaratory judgment fmding that the City's annexation

Lake Havasu City General Plan 2002

1.2 GROWING SMARTER ACT