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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☒ Safe & Prosperous |
☐ Motion |
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Community Development |
☐ 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
Statutory Compliance Hearing/Amendment: Ordinance O2022-048
end
SUMMARY RECOMMENDATION:
Summary Recommendation
Pursuant to A.R.S. § 9-462.01, determine compliance with the conditions of approval for rezoning Ordinance O2022-048, and introduce an ordinance to amend O2022-048 to extend the time to comply with the rezoning conditions. (Community Development/ Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
This statutory compliance hearing and ordinance will validate the zoning for residential development that will be responsibly constructed, meeting all codes and requirements. This statutory compliance hearing furthers the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible.
REPORT:
On October 5, 2022, the City Council adopted Ordinance O2022-048, authorizing the property located at the southeast corner of 24th Street and Avenue 7½E, Yuma, Arizona, to be rezoned from the Limited Commercial (B-1) District to the Medium Density Residential/Planned Unit Development Overlay (R-2/PUD) District. Ordinance O2022-048 required that the following conditions of approval be completed within two (2) years of approval:
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. The Owner shall submit to the City of Yuma, for recordation, a signed and notarized Avigation Easement on the property acknowledging potential noise and overflight of aircraft from both daily and special operations of the Marine Corps Air Station and the Yuma International Airport.
4. The common area/retention basin shall be designed to include at a minimum, one ramada and two barbeque grills.
5. A homeowner’s association shall be established to maintain the amenities within the common area/retention basin.
6. Increased exterior architectural features shall include tile roofs, shiplap siding, and a front porch.
7. Xeriscape landscape design in the front yards featuring an irrigation system, a drought tolerant shade tree planted within four to eight feet of the sidewalk, and accent shrubs.
8. 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 § 9-462.01.
DETERMINATION:
Arizona Revised Statutes § 9-462.01(E) states that if the time for completion of a condition has expired, the City shall notify the owner, schedule a public hearing, and take administrative action to “extend, remove, or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.”
In this case, the property owner still wants the property rezoned to the Medium Density Residential/Planned Unit Development (R-2/PUD) District, as they are ready to proceed with the development of this residential project. The property owner will complete the remaining Conditions of Approval required under Zoning Case ZONE-37623-2021 through the subdivision process.
RECOMMENDATION:
At the close of the public hearing, staff recommends that City Council introduce the attached ordinance which amends Ordinance O2022-048 by extending the deadline to comply with the conditions of approval for the rezone from two years to five years.
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 - |
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TOTAL |
$ 0.00 |
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FISCAL IMPACT STATEMENT:
NOT APPLICABLE
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 |
09/05/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
09/04/2025 |