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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: 4454 E. 40th Street
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SUMMARY RECOMMENDATION: Summary Recommendation
Rezone approximately .85 acres from the Agriculture (AG) District to the Light Industrial (L-I) District located at 4454 E. 40th Street, Yuma, AZ. (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 property is located at 4454 E. 40th Street, approximately .85 acres in size, and currently developed with a commercial building on site. The property was annexed to the City of Yuma in August of 1999 and assigned with the Agriculture (AG) District zoning. The property is not serviced by City utilities, but has a well and septic tank. The applicant does not intend to connect to City water or sewer with this application.
With this request the applicant is requesting to rezone the property from the Agriculture (AG) District to the Light Industrial (L-I) District, with the intent to allow the establishment of a heavy equipment contracting business.
The property is surrounded by Agriculture and Light Industrial zoning districts. In an effort to establish a heavy equipment contracting operation, the applicant is seeking to rezone the property. The proposed operation is an allowed use in the Light Industrial (L-I) District, and if successful with the rezone the applicant will be able to obtain a City of Yuma business license. The applicant’s request is in conformance with the Land Use element of the General Plan for the City of Yuma.
On November 25, 2024, the Planning and Zoning Commission voted 4-0 to recommend approval of the request to rezone approximately .85 acres from the Agriculture (AG) District to the Light Industrial (L-I) District for the property located at 4454 E. 40th Street, 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 convert the existing 50 feet easement along 40th Street frontage, recorded in Docket 1949, Page 921 to fee title by warranty deed to the City of Yuma.
4. 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:
Guillermo Moreno-Nunez, Assistant Planner summarized the staff report and recommended APPROVAL.
QUESTIONS FOR STAFF
None
APPLICANT/APPLICANT’S REPRESENTATIVE
“Jim Kerley, 298 S. Shadow Avenue, Yuma, AZ was available for questions.
“Chris Hamel - Planning and Zoning Commissioner asked if the purpose of the rezone was to obtain a business license. Kerley confirmed.
“Motion by Ashlie Pendleton - Planning and Zoning Commissioner, second by Lorraine Arney - Planning and Zoning Commissioner to APPROVE ZONE-43152-2024 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 |
12/26/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
12/19/2024 |