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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: 1651 S. Arizona Avenue
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SUMMARY RECOMMENDATION: Summary Recommendation
Approve the rezoning of an approximately 19,166 square foot lot from the Limited Commercial (B-1) District to the General Commercial (B-2) District, located at 1651 S. Arizona Avenue. (ZONE-42890-2024)(Planning and Neighborhood Services/ Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The rezoning of the property will support expanded commercial 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 property is the site of Sun of a Gun Cigars. The 1,676 square foot building was built in 1980 for the Marine Air Federal Credit Union, which later moved to a new building to the south.
The Limited Commercial (B-1) District lists a cocktail lounge or bar as needing a Conditional Use Permit. Sun of a Gun Cigars recently applied for sign permits to advertise a "beer garden" and the promotion of wine sales.
Since the subject property is surrounded by developed General Commercial (B-2) properties, and as an alternative to a Conditional Use Permit for a specific use, the property owner decided to proceed with a rezoning to B-2 which allows a cocktail lounge or bar as a permitted use. There are no residences within 300 feet of the subject property.
The request to rezone the property from the Limited Commercial (B-1) District to the General Commercial (B-2) District is in conformance with the Commercial Land Use Category in the General Plan.
On August 12, 2024, The Planning and Zoning Commission voted to recommend APPROVAL of the rezoning from the Limited Commercial (B-1) District to the General Commercial (B-2) 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 A.R.S. § 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
None
APPLICANT/APPLICANT’S REPRESENTATIVE
None
“Motion by Joshua Scott, Planning and Zoning Commissioner, second by Ashlie Pendleton, Planning and Zoning Commissioner to APPROVE ZONE-42890-2024 as presented.
“Motion carried unanimously, (5-0) with 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 |
9/9/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
9/6/2024 |