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STRATEGIC OUTCOMES |
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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 |
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☐ Public Hearing |
TITLE: t
Rezoning of Properties: 19 A, LLC
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SUMMARY RECOMMENDATION: Summary Recommendation
Rezone approximately 160 acres from the Agriculture (AG) District to the Heavy Industrial (H-I) District, for the properties located at the northeast corner of W. 96th Street and S. Avenue A. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
Approval of this rezone supports development in the City that will be responsibly constructed, meeting all codes and requirements. This rezone furthers the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible.
REPORT:
The subject properties are located at the northeast corner of 96th Street and Avenue A and are approximately 160 acres in total. Since being annexed into the City of Yuma on July 3, 2009, the properties have been subject to several general plan amendments. The area is part of the Estancia Development Area, which was planned as a mixed-use development comprised of 3,741.5 acres. The Estancia Development Area has not materialized, leaving much of the land predominantly farmland. The most recent approved General Plan Amendment request changed the land use designation from Low Density Residential, Resort, Recreation & Open Space, Business Park, and Public/Quasi-Public to Industrial. The properties are currently zoned Agriculture (AG), have historically been used for farming, and are now operated as lemon groves.
With this request the applicant is seeking to rezone the 160 acres to the Heavy Industrial (H-I) District for the development of heavy industrial uses. The Heavy Industrial (H-I) District would allow for a variety of principal uses such as any use allowed in the Light Industrial (L-I) District, military installations and support facilities, airports and related activities, including heliports, aircraft-related uses including air transport of goods, materials or passengers. In addition, the Heavy Industrial (H-I) District would allow conditional uses such as utility plants, any uses allowed in the General Commercial (B-2) District, except medical care facilities, extraction, processing or packing of raw materials, including agricultural products, and any use which requires a state or federal agency permit, license or other type of certification for the use or handling of dangerous materials.
Further specified in 154-09.03, the following are some of the development standards required of a development within the Heavy Industrial (H-I) District:
1. A minimum area for the Heavy Industrial (H-I) District shall be 20 acres;
2. A minimum lot area within any Heavy Industrial District shall be 20,000 square feet;
3. Any building, outdoor area, or portion thereof where the public may be received, shall be set back a minimum distance of 20 feet from any public or private street right-of-way;
4. Landscaping is required for yards fronting on any public or private street and shall not be used for parking, loading or product display;
5. All activities not within an enclosed building shall be enclosed by a minimum six foot high security fence, provided, however, that any dismantling, salvage or wrecking yards shall be screened by a solid fence or wall, and no materials shall be stored in such a manner as to project or be visible above the wall or fence when viewed from any public street right-of-way;
6. Off-street parking and loading shall be in accordance with the parking regulations of the zoning code;
7. Exterior lighting fixtures shall be arranged and located so as to direct the light away from any public or private street.
At this time there is no specific industrial use or design for the site. The developer is aware of the need for right-of-way dedications for road improvements, potential traffic impacts and the lack of City utilities and City emergency services.
The request to rezone the property from the Agriculture (AG) District to the Heavy Industrial (H-I) District conforms with the General Plan as requested by the applicant.
On April 14, 2025, the Planning and Zoning Commission voted 4-0 to recommend approval of the request to rezone approximately 160 acres from the Agriculture (AG) District to the Heavy Industrial (H-I) District for the properties located at the northeast corner of W. 96th Street and S. Avenue A, Yuma, AZ, 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. Owner/developer shall dedicate rights-of-way, such that the City of Yuma obtains 40 feet half width (collector street standard) along:
• 96th Street (County 19th Street)
• 4th Avenue
• 92nd Street (County 18 ½ Street)
• Avenue A
4. Owner/Developer shall dedicate corner triangles with a leg length of 40 feet and additional right-of-way for turn lane widening, as per Figure 3 of the 2005/2007 Major Roadways Plan with a collector street standard, at the four outside corners of the property involved in the rezone request.
5. Owner/Developer shall record a waiver acknowledging that there is no City water, City sewer, or City emergency services within the local development area. Emergency services response times will be extended due to the travel distance from existing City of Yuma Police and Fire stations, or other mutual aid stations, to this location, and services will be limited due in part due to the lack of water infrastructure.
6. 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 COMISSION MEETING MINUTES:
Erika Peterson, Senior Planner summarized the staff report and recommended APPROVAL.
QUESTIONS FOR STAFF
None
APPLICANT/APPLICANT’S REPRESENTATIVE
None
PUBLIC COMMENT
None
Motion by Chelsea Malouff-Craig, second by Lorraine Arney to APPROVE ZONE-43671-2025 as presented. Motion carried unanimously, (4-0) with two absent and one vacancy.
Planning and Zoning 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 |
05/14/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
05/12/2025 |