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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
Final Plat: Desert Sands Unit No. 4
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SUMMARY RECOMMENDATION:
Summary Recommendation
Approve the final plat for Desert Sands Unit No. 4 Subdivision. The property is located at the northwest corner of 48th Street and Avenue 8E. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
This subdivision furthers the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible, as the approval of the final plat will facilitate the development of new housing opportunities, a project that will be responsibly constructed, meeting all codes and requirements of the City.
REPORT:
The subject property was annexed into the City of Yuma on January 2, 1998, and was rezoned to the Low Density Single-Family Residential (R-1-5) District in 2019. The property is currently undeveloped and is intended to be the fourth phase of the Desert Sands Subdivision.
The property consists of approximately 28.44 acres with frontage along 48th Street and Avenue 8E. This development is planned for single-family residential lots ranging in size from 5,100 square feet to 13,338 square feet, meeting the minimum lot size requirements for the Low Density Single-Family Residential (R-1-5) District.
The following are some of the development standards required of a development with the Low Density Single-Family Residential (R-1-5) District:
1. The maximum density in the Low Density Single-Family Residential (R-1-5) District shall be one unit per 5,000 square feet of land (meeting the density as identified in the General Plan);
2. The maximum lot coverage in the Low Density Single-Family Residential (R-1-5) District shall not exceed 35% of the lot area;
3. A minimum front yard setback of 20 feet;
4. A minimum side yard setback of 5 feet on one side and 9 feet on the other side;
5. A minimum street side yard setback of 10 feet;
6. A minimum rear yard setback of 10 feet;
7. The side and rear yards shall have 6 foot solid block walls on the property lines;
8. A maximum building height of 40 feet; and
9. A requirement for each lot to provide 2 off-street parking spaces, appropriately located.
With this development, Staff will require that a Municipal Improvement District (MID) be established for the long-term maintenance of subdivision landscaping. The MID for Desert Sands Units 4, 5, and 6 will need to be established prior to the issuance of any residential building permits.
Approval of the final plat for the Desert Sands Unit No. 4 Subdivision, shall be subject to the following conditions:
1. The conditions 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 rights-of-way must be dedicated free and clear to the City, and all easements in the right-of-way must be vacated unless the easement is specifically presented to the City, and the City specifically approves its acceptance. Approval of the plat is not approval of an easement in the right-of-way.
4. Any easements on other property in the subdivision must be vacated to the extent that they would require a utility, licensed cable operator, or other licensed or franchised communications system (collectively, the "utilities") to:
a. pay to cross the easement to reach any structure on the lot;
b. prevent the utilities from providing service to any structure on a lot; or
c. effectively prevent any entity authorized to place facilities in a utility easement from using the easements or accessing potential customers passed by the easement.
5. Approval of the plat does not authorize the maintenance or installation of any facility in the rights of way, whether or not contemplated by the plat, without a license, franchise, or similar authorization issued by the City.
6. A time frame of build-out for the subdivision shall be submitted to the Yuma School District No. 1 to enable the districts to adequately plan for future school facilities.
7. An 8 ½” X 11” paper copy of this subdivision plat, showing the location of the group mailboxes and signed as APPROVED by the local Yuma Postmaster, shall be submitted to the City within sixty (60) calendar days of the effective date of approval of the subdivision final plat and prior to the issuance of any building permit. In the event this condition is not completed within this time frame, the approval of the plat is null and void.
8. The Owner/Developer shall be required to establish a Municipal Improvement District (MID) prior to the recording of a final plat.
9. After the final plat has been approved by City Council, the applicant/developer shall have two years to record the approved plat, or the final plat approval shall be null and void.
On November 27, 2023, the Planning and Zoning Commission voted to recommend APPROVAL (6-0, with one absent) of the request for the proposed preliminary plat for the Desert Sands Unit No. 4 Subdivision, for the property located at the northwest corner of 48th Street and Avenue 8E, subject to the conditions of approval outlined in Attachment A of the attached modified condition in the Planning and Zoning Commission minutes.
Public Comments - Excerpts from Planning and Zoning Commission Meeting Minutes:
Questions for Staff:
“Chris Hamel - Planning and Zoning Commissioner asked if the City agreed with the modification of condition number 6, as requested by the applicant.
“Peterson confirmed that the City was in agreement with the request to modify condition number 6 to reflect the correct roadways of 48th Street and Avenue 8E.
Public Comments Applicant/Applicant’s Representative
None
Public Comments:
None
Motion:
“Motion by Joshua Scott - Planning and Zoning Commissioner, second by John Mahon - Planning and Zoning Commissioner to APPROVE SUBD-41872-2023 as presented with a modification to condition 6 to now read “All exterior subdivision fencing shall be constructed of masonry. Access gates, whether vehicular or pedestrian, shall not be permitted along the exterior masonry fencing for the subdivision phase, including fencing along 48th Street and Avenue 8E. Such fencing can be removed during the construction of pools, in order to access utility or drainage easements, or during other residential construction; however, such masonry fencing and adjacent landscaping will need to be replaced accordingly.
“Motion carried unanimously, (6-0) with one absent.’
Planning Commission Preliminary Plat Staff Report - Attached
The City Council’s approval of this motion accepts the final plat of the Desert Sands Unit No. 4 Subdivision as submitted, including the conditions of approval set forth.
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 |