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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
Text Amendment: Cielo Verde Specific Plan
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SUMMARY RECOMMENDATION:
Summary Recommendation
Amend Title 15, Chapter 154, to update the list of uses within the Residential District of the Cielo Verde Specific Plan. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The proposed text amendment will facilitate and support the balance of land uses within the Cielo Verde development, supporting the City Council’s strategic outcome of Safe and Prosperous.
REPORT:
The City of Yuma City Council adopted the Cielo Verde Specific Plan (CVSP) June 20, 2001 as Ordinance O2001-53. The Specific Plan was developed to provide a planned community with a variety of land uses that supported commercial and residential development in respective zoning districts. Each Zoning District: CVSP-Commercial and CVSP-Residential was adopted with a specific list of allowed primary uses at the request of the developer. The CVSP-Commercial zoning district allows religious uses as a Primary Use. At the time the Cielo Verde Specific Plan was developed and adopted the developer intended to primarily provide residential uses within the CVSP-Residential district. Over time, the opportunity for new uses have been brought forward for consideration.
This current request is to allow a religious institution on a portion of the parcel located at the southeast corner of 36th Street and Avenue 8E. The request is similar to case Z2009-022 adopted by the City Council on February 10, 2010, as Ordinance O2010-12 which allowed a religious use at the southwest corner of 36th Street and Avenue 8½E.
Typically, the City of Yuma Zoning Code allows religious institutions within the residential zoning districts, but the Cielo Verde Specific Plan has special zoning with a specific list of Primary Uses.
On January 8, 2024, the Planning and Zoning Commission voted to recommend APPROVAL (4-0) of the request for a Zoning Code Text Amendment to amend Title 15, Chapter 154, to amend the list of primary uses within the Cielo Verde Residential District, subject to the conditions of approval outlined below:
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 complete one of the following:
a. Complete a Traffic Impact Analysis (TIA) for the proposed development and design and construct the recommended onsite and offsite improvements.
b. In lieu of the TIA, design and construct a northbound to eastbound right turn lane, southbound to eastbound left turn lane, and traffic signals all at the intersection of 36th Street and Avenue 8E. The City of Yuma can negotiate to some degree on the improvements and cost offsets but will have to be tied to a development agreement that is approved by the Yuma City Council.
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 COMMISSION MEETING MINUTES:
QUESTIONS FOR STAFF - None
PUBLIC COMMENT -
“Mandy Moreno, 3656 S. Blue Grass Drive, Yuma, AZ expressed concerns on increased traffic.”
“Motion by Ashlie Pendleton - Planning and Zoning Commissioner, second by Joshua Scott - Planning and Zoning Commissioner, to APPROVE ZONE-42037-2023 to update the list of Primary Uses within the Cielo Verde Residential District to include a religious institution at the southeast corner of Avenue 8E and 36th Street, subject to the conditions in Attachment A.”
“Motion carried unanimously (4-0), with John Mahon - Planning and Zoning Commissioner absent and two vacancies.”
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
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 |