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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
Rezoning of Property: 958 S. 3rd Avenue
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SUMMARY RECOMMENDATION: Summary Recommendation
Approve the rezoning of an approximately 7,000 square foot lot from the General Commercial/Infill Overlay (B-2/IO) District to the Transitional/Infill Overlay (TR/IO) District, for the property located at 958 S. 3rd Avenue, Yuma, AZ. (ZONE-42266-2024) (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The rezoning of the subject property will support residential development that will be responsibly constructed, meeting all codes and requirements. This rezone assists in furthering the City Council’s strategic outcomes as it relates to Safe and Prosperous, and Respected and Responsible.
REPORT:
The applicant is proposing a new residential garage in front of the existing home. The addition of a garage is an expansion of a non-conforming use. B-2 zoning does allow non-conforming uses to continue, but not to expand. Transitional (TR) zoning allows single-family homes and their accessory buildings such as a new detached garage.
Further specified in Yuma City Code §154-08.01, the following are some of the development standards in the Transitional (TR) District:
1. The minimum lot size is 9,000 sq. ft.;
2. The maximum lot coverage shall not exceed 50% of the lot area;
3. A minimum front yard setback of 20 feet for all buildings, including accessory structures;
4. A minimum side yard setback of 5 feet*;
5. A minimum rear yard setback of 10 feet; and
6. A maximum building height of 40 feet.
*Infill Overlay Incentive.
The request to rezone the property from the General Commercial/Infill Overlay (B-2/IO) District to the Transitional/Infill Overlay (TR/IO) District is in conformance with the Commercial Land Use Category in the General Plan.
The lot was split prior to 1965 and the home was built in 1940. The lot is approximately 7,000 sq. ft. in size. Since the parcel is less than the minimum lot size in the TR district, a site plan (a specific plan of development) is included in the Planning and Zoning report to satisfy the following Yuma City Code requirement:
Section 154-15.02(C)(2): Applications which do not meet the minimum lot size as defined under the development standards for that zoning district may be considered for rezoning only if a specific plan of development is submitted at the time of the rezoning request which complies with all other development standards without the necessity of a variance.
As indicated in the attached site plan (specific plan of development) the location of the future garage on this property can be accommodated without a variance, meeting the requirements of the Yuma City Code. While the future development of the site will not require the need for a variance, it should be noted that the size of the parcel will be considered legal non-conforming.
On March 25, 2024, the Planning and Zoning commission voted to recommend APPROVAL
of the rezoning from the General Commercial/Infill Overlay (B-2/IO) District to the Transitional/Infill Overlay (TR/IO) District, subject to the following conditions:
1. The conditions listed below 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. Each of the conditions listed above shall be completed within two (2) years of the effective date of the rezoning ordinance or prior to the issuance of a Building Permit, Certificate of Occupancy or City of Yuma Business License for this site, whichever occurs first. If the conditions of approval are not completed within the above timeframe then the rezone shall be subject to ARS § 9-462.01.
Public Comments - Excerpt from Planning and Zoning Commission Meeting Minutes:
Robert Blevins, Principal Planner, summarized the staff report and recommended APPROVAL.
QUESTIONS FOR STAFF
“Chris Hamel, Chairman asked if there was a driveway going into the backside of the property. Blevins replied that the entry point to the property was through 3rd Avenue.
APPLICANT/APPLICANT’S REPRESENTATIVE
“Chelsea Malouff, Planning Commissioner asked if the garage would be for commercial use. Applicant, Miguel Duran, 958 S. 3rd Avenue, Yuma AZ, stated that it would be used to store his tools.
“Motion by Lorraine Arney, Planning Commissioner second by Ashlie Pendleton, Planning Commissioner to APPROVE ZONE-42266-2024 as presented.
“Motion carried (4-1) with Malouff voting nay, and two absent.’
Planning Commission Staff Report - Attached
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 |
04/23/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
04/23/2024 |