City of Yuma Logo
File #: MC 2023-195    Version: 1 Name:
Type: motion Status: Passed
File created: 11/28/2023 In control: City Council Meeting
On agenda: 12/20/2023 Final action: 12/20/2023
Title: Final Plat: Premier Storage Condominiums of Yuma Unit II LLC, Phases IX, XI, and XIII
Attachments: 1. 1. P&Z RPT Final Plat: Premier Storage Condominiums of Yuma Unit II LLC, Phases IX, XI, and XIII, 2. 2. PLAT Final Plat: Premier Storage Condominiums of Yuma Unit II, LLC, Phases IX, XI, and XIII

 

 

STRATEGIC OUTCOMES

ACTION

Department:

Safe & Prosperous

Motion

Planning & Neighborhood Svc

Active & Appealing

Resolution

 

Respected & Responsible

Ordinance - Introduction

Division:

Connected & Engaged

Ordinance - Adoption

Community Planning

Unique & Creative

Public Hearing

 

TITLE:

title

Final Plat: Premier Storage Condominiums of Yuma Unit II LLC, Phases IX, XI, and XIII

 

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SUMMARY RECOMMENDATION:

Summary Recommendation

Approve the final plat of the Premier Storage Condominiums of Yuma Unit II LLC, Phases IX, XI, and XIII. The property is located near the southeast corner of Avenue 3¾E and 32nd Street. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)

 

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STRATEGIC OUTCOME:

This subdivision furthers the City Council’s strategic outcome of Safe and Prosperous, as the approval of the final plat will facilitate an increase in new industrial development opportunities.

 

REPORT:

The subject property, located near the southeast corner of Avenue 3¾E and 32nd Street is approximately 13.65 acres in size and is bordered on the north by the existing Premier Storage Condominiums of Yuma Unit II LLC, Phases VIII and VII. The subject property is proposed to be developed as the Premier Storage Condominiums of Yuma Unit 2 expansion.

 

This project consists of developing phases IX (building 9), XI (building 11), and XIII (building 13) of the Premier Storage Condominiums of Yuma II, LLC. Currently, the subject property is used as farmland.

 

The subdivision of this property into 178 storage units and a common area is treated much the same as a residential subdivision: having the same public notice, hearing requirements, and regulatory process. The units will have a legal description and are divided and recognized by the Assessor’s Office for tax purposes; each unit can be bought and sold by deed; and the individual unit owners belong to an association with an interest in the common area.

 

The subject property is located within the 70-75dB noise zone of the military runway. This zoning overlay limits the type of uses, and requires sound attenuation of portions of buildings where the public is received, office areas, and other noise sensitive areas. The Marine Corps Air Station Yuma (MCAS) did not object to this use at this location as long as there is no on-site caretaker’s residence.

Approval of the final plat for the Premier Storage Condominiums of Yuma Unit II, Phases IX, XI, XIII, 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 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 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.

 

5.                     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.

 

6.                     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.

 

7.                     The Owner shall submit a final plat within three (3) years of preliminary plat approval. Should a final plat not be submitted within three (3) years of the effective date of approval of the preliminary plat, the approval of the preliminary plat shall be null and void, unless the conditions are contained in an executed Pre-development Agreement.

 

The preliminary plat for the Premier Storage Condominiums of Yuma Unit II Phases IX, XI, XIII, was approved by the Planning and Zoning Commission on September 12, 2022.

Public Comments - Excerpts from Planning and Zoning Commission Meeting Minutes:

Questions for Staff:

None

Public Comments:

None

Motion:

“Motion by Barbara Beam - Planning and Zoning Commissioner, second by Branden Freeman - Planning and Zoning Commissioner, to APPROVE SUBD-40303-2022, subject to the Conditions of Approval in Attachment A.

“Motion carried unanimously (7-0).’

Planning Commission Preliminary Plat Staff Report - Attached

The City Council’s approval of this motion accepts the final plat of the Premier Storage Condominiums of Yuma Unit II LLC, Phases IX, XI, XIII Subdivision, as submitted, including the conditions of approval set forth.

 

FISCAL REQUIREMENTS:

CITY FUNDS:

$ 0.00

BUDGETED:

$ 0.00

STATE FUNDS:

$ 0.00

AVAILABLE TO TRANSFER:

$ 0.00

FEDERAL FUNDS:

$ 0.00

IN CONTINGENCY:

$ 0.00

OTHER SOURCES:

$ 0.00

FUNDING: ACCOUNT/FUND #/CIP

TOTAL                     $ 0.00

-

 

To total; right click number & choose “Update Field”

 

 

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

 

Acting City Administrator:

Date:

John D. Simonton

12/11/2023

Reviewed by City Attorney:

Date:

Richard W. Files

12/07/2023