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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☒ Safe & Prosperous |
☒ Motion |
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Planning & Neighborhood Svc |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☐ Ordinance - Adoption |
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Community Planning |
☐ Unique & Creative |
☐ Public Hearing |
TITLE: t
Final Plat: Butler Estates Unit No. 2 Subdivision
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SUMMARY RECOMMENDATION: Summary Recommendation
Approve the final plat for the Butler Estates Unit No. 2 Subdivision, located at the corner of E. 37th Street and S. Avenue 10E. (SUBD-43779-2025) (Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
This subdivision furthers the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible by supporting the development of new housing opportunities that will be responsibly constructed and will meet all City codes and development requirements.
REPORT:
The subject property and the adjacent properties to the north and south were part of Ranchos el Toreo, a residential subdivision of 28 lots of approximately 4.8 acres in size. This Yuma County subdivision was platted and recorded in 1965. The property was annexed into the City of Yuma with ANEX-7505-2014 (03/18/2015), and this portion now known as Unit No. 2 was rezoned to Medium Density Single-Family Residential District (R-2-5) with ZONE-39444-2022 (08/17/2022).
This final plat is only for Unit No. 2. This proposed Unit No. 2 will align with Unit 1, 3, & 4 (which are under separate ownership). The developers of Unit 1, 3, and 4 are working with the owner of Unit No. 2 to ensure a seamless, cohesive residential neighborhood. There will be deed restrictions on all lots requiring site-built residences only.
With this phase, the applicant proposes to construct 55 single-family residences on approximately 12.59 acres. The development is planned for single-family residential lots ranging in size from 5,442 square feet to 11,210 square feet, meeting the minimum lot size requirements for the R-2-5 District.
As specified in the Yuma City Code §154-05.04, the following are some of the development standards required of a development in the R-2-5 District:
1. The maximum lot coverage in the R-2-5 District shall not exceed 55% of the lot area;
2. A minimum front yard setback of 15 feet;
3. A minimum side yard setback of 5 feet;
4. A minimum rear yard setback of 10 feet;
5. A maximum building height of 40 feet; and
6. A requirement for each lot to provide 2 off-street parking spaces, appropriately located.
Approval of the final plat for the Butler Estates Unit No. 2 Subdivision shall be subject to the following conditions:
1. The conditions are in addition to City codes, rules, fees and regulations that are
applicable to this action.
2. The Owner’s signature on the application for this land use action shall constitute a
waiver of any claims for diminution in value pursuant to A.R.S. § 12-1134.
3. The rights-of-way must be dedicated free and clear to the City, and all easements in the
right-of-way must be vacated unless the easement is specifically presented to the City,
and the City specifically approves its acceptance. Approval of the plat is not approval of
an easement in the right-of-way.
4. Any easements on other property in the subdivision must be vacated to the extent that
they would require a utility, licensed cable operator, or other licensed or franchised
communications system (collectively, the "utilities") to:
a. pay to cross the easement to reach any structure on the lot;
b. prevent the utilities from providing service to any structure on a lot; or
c. effectively prevent any entity authorized to place facilities in a utility
easement from using the easements or accessing potential customers
crossing the easement.
5. Approval of the plat does not authorize the maintenance or installation of any facility in
the rights of way, whether or not contemplated by the plat, without a license, franchise,
or similar authorization issued by the City.
6. A time frame of build-out for the subdivision shall be submitted to the Yuma School
District to enable the districts to adequately plan for future school facilities.
7. An 8 ½” X 11” paper copy of this subdivision plat, showing the location of the group
mailboxes and signed as APPROVED by the local Yuma Postmaster, shall be submitted
to the City within sixty (60) calendar days of the effective date of approval of the
subdivision final plat and prior to the issuance of any building permit. In the event this
condition is not completed within this time frame, the approval of the plat is null and void.
8. The Owner/Developer shall be required to establish a Municipal Improvement District
(MID) for the maintenance of required subdivision landscaping prior to the recording of
the final plat.
9. After the final plat has been approved by City Council, the applicant/developer shall have
two years to record the approved plat, or the final plat approval shall be null and void.
The preliminary plat for the Butler Estates Subdivision (this portion only- now known as Unit No. 2) was approved by the Planning and Zoning Commission on February 27, 2023 (SUBD-40583-2022).
Public Comments - Excerpts from Planning and Zoning Commission Meeting Minutes:
“Robert Blevins, Principal Planner, summarized the staff report and recommended APPROVAL, with the modified conditions identified in the provided yellow sheet.
APPLICANT/APPLICANT’S REPRESENTATIVE
“Jonathan Klein, Core Engineering Group, 200 E. 16'* Street, Yuma, AZ, thanked staff for working on the conditions with the applicant. Klein mentioned that they were still not in agreement with condition number 6 because of the cost.
“Chris Hamel- Chairman, Planning and Zoning Commission, asked Klein if it was correct that the applicant was in agreement with the conditions with the exception of condition 6. Klein confirmed and provided language to modify condition 6.
“Joshua Scott - Planning and Zoning Commissioner, asked why condition 6 currently required a full width road.
“David Wotsenberg, Director of Engineering said that a full width roadway would allow for bike lanes and a two way road in the future. Scott asked if it was normal to require the construction of a full width roadway. Wostenberg replied that typically a half width roadway is required.
QUESTIONS FOR STAFF
“Chairman Hamel asked for a brief explanation of the proposed changes being requested by the applicant. Wostenberg stated that proposed modification to condition 6 would change the roadway requirement from a full width roadway to a half width roadway along Butler Avenue.
PUBLIC COMMENT
None
MOTION
“Motion by Scott, second by Lorraine Arney- Planning and Zoning Commissioner to APPROVE SUBD-40583-2022 as presented, including the agreed upon modifications to conditions 6, 7, and 13. (These modified conditions can be located on Attachment A of the P&Z Staff Report)
“Motion carried unanimously, (5-0) with two absent.’
Planning Commission Preliminary Plat Staff Report - Attached.
The City Council’s approval of this motion accepts the final plat of the Butler Estates Unit No. 2 Subdivision as submitted, including the conditions of approval written above.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 0.00
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☒ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
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Acting City Administrator: |
Date: |
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John D. Simonton |
03/25/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
03/23/2025 |