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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:
title
Rezoning of Property: Located at 430 and 440 S. Magnolia Avenue
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SUMMARY RECOMMENDATION:
Summary Recommendation
Rezone approximately 1.17 acres from the Medium Density Residential (R-2) District to the High Density Residential (R-3) District, for the properties located at 430 and 440 S. Magnolia Avenue. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
Approval of this rezone will support residential development in the City that will be responsibly constructed, meeting all codes and requirements. This rezone assists in furthering the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible.
REPORT:
The undeveloped properties are located along S. Magnolia Avenue and total 1.17 acres in size. The applicant is requesting to rezone the property from the Medium Density Residential (R-2) District to the High-Density Residential (R-3) District, while maintaining the Infill Overlay (IO) District. The property owner, Arizona Housing Development Corporation (AHDC), intends to develop a multi-family housing project on the subject properties and is currently in the process of combining the parcels prior to the development of the site.
Below are some of the development standards which apply to the High-Density Residential (R-3) District:
• The maximum lot coverage in the High-Density Residential (R-3) District shall not exceed 35% of the lot area; an additional 5% lot coverage is permitted for common recreation buildings;
• The covered parking provided shall be permitted in addition to the maximum lot coverage percentage listed above, provided that the total lot coverage does not exceed 50% of the lot area;
• A minimum front yard setback of 20 feet;
• A minimum side yard setback of 7 feet;
• A minimum rear yard setback of 10 feet; and
• A maximum building height of 40 feet, however, the maximum building height is reduced to 20’ (one story maximum) for all land located within 60 feet of a lot in an Agriculture, Suburban Ranch, Residential Estate or Low-Density Residential District.
In accordance with the current City Codes and other applicable laws and principles, the developer, engineer, and architectural experts will need to submit development plans to ensure all the development standards for the High-Density Residential District (R-3) are met.
The potential residential development could contain between 15 and 35 dwelling units based on the density allowable in the City of Yuma 2022 General Plan. The request to rezone the property from the Medium Density Residential (R-2) District to the High-Density Residential (R-3) District is in conformance with the General Plan.
On December 11, 2023, the Planning and Zoning Commission voted to recommend APPROVAL (4-0, with three absent) of the request to rezone approximately 1.17 acres from the Medium Density Residential (R-2) District to the High-Density Residential (R-3) District, while maintaining the Infill Overlay (IO) District, for the properties located at 430 and 440 S. Magnolia Avenue, subject to the conditions of approval outlined below:
1. The conditions listed below are in addition to the City codes, rules, fees and regulations that are applicable to this section.
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 the 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 - EXCERPTS FROM PLANNING AND ZONING COMISSION MEETING MINUTES:
Questions for Staff:
“John Mahon - Planning and Zoning Commissioner stated that the site plan showed a two-story building, but that the R-3 Zoning was limited to one story maximum and asked for clarification from staff.
“Jennifer Albers - Assistant Director of Planning said that the applicant could pursue a variance to change that, but that the City was also considering a Text Amendment that would allow the 40-foot distance as opposed to a 60-foot distance, allowing for a two-story building.
“Lorraine Arney - Planning and Zoning Commissioner asked if the apartments would be affordable housing or market rate.
“Zenia Fiveash - Assistant Planner confirmed that the units would be affordable.
APPLICANT/APPLICANT’S REPRESENTATIVE
“Christopher Thompson, 675 W. 16th Street, Yuma, AZ confirmed that the apartments would be affordable housing.
“Arney asked if the apartments would be like the Mesa Heights Apartments.
“Thompson confirmed.
PUBLIC COMMENT
None
“Motion by Edgar Olvera - Planning and Zoning Commissioner, second by Mahon to APPROVE ZONE-41394-2023 as presented. Motion carried unanimously, (4-0) with three absent.’
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 |
01/28/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
01/28/2024 |