|
|
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: t
Final Plat: Butler Estates Unit No. 1 Subdivision
end
SUMMARY RECOMMENDATION: Summary Recommendation
Approve the final plat for the Butler Estates Unit No. 1 Subdivision, located at the southwest corner of E. 36th Street and S. Avenue 10E. (SUBD-43734-2025) (Community Planning) (Alyssa Linville)
end
STRATEGIC OUTCOME:
This subdivision furthers the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible by supporting the development of new housing opportunities that will be responsibly constructed and will meet all City codes and development requirements.
REPORT:
The subdivision property is located at the southwest corner of E. 36th Street and S. Avenue 10E, Yuma, AZ.
The subject properties and the adjacent properties to the north and south were part of Ranchos el Toreo, a residential subdivision of 28 lots of 4.8 acres in size. This Yuma County subdivision was platted and recorded in 1965. The property was annexed into the City of Yuma with ANEX-7505-2014 (03/18/2015) and maintained its Recreational Vehicle (RVS) Zoning.
This final plat is only for Unit No. 1. The proposed Units 1, 3, and 4 will align with Unit 2 (which is under separate ownership). The developers of Units 1, 3, and 4 are working with the owner of Unit 2 to ensure a seamless, cohesive residential neighborhood. There will be deed restrictions on all lots requiring site-built residences only.
With this phase, the applicant proposes to construct 91 single-family residences on approximately 24.43 acres. The development is planned for single-family residential lots ranging in size from 6,121 square feet to 11,702 square feet, meeting the minimum lot size requirements for the RVS District.
As specified in the Yuma City Code §154-05.04, the following development standards apply to the RVS District:
1. The maximum lot coverage in the RVS District shall not exceed 55% of the lot area;
2. A minimum front yard setback of 10 feet;
3. A minimum side yard setback of 5 feet;
4. A minimum rear yard setback of 10 feet;
5. A maximum building height of 20 feet; and
6. A requirement for each lot to provide 2 off-street parking spaces, appropriately located.
Approval of the final plat for the Butler Estates Unit No. 1 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
crossing 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 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) for the maintenance of required subdivision landscaping prior to the recording of
the 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.
The preliminary plat for the Butler Estates Units 1, 3, and 4 Subdivision was approved by the Planning and Zoning Commission on September 9, 2024 (SUBD-42965-2024).
Public Comments - Excerpts from Planning and Zoning Commission Meeting Minutes:
“Robert Blevins, Principal Planner summarized the staff report and recommended APPROVAL.
QUESTIONS FOR STAFF
“Gregory Counts - Planning and Zoning Commissioner asked about the traffic analysis, questioning what would happen to the plat if the analysis recommended against the plan.
“Andrew McGarvie, Engineering Manager, said they changed the traffic requirements after discussing the need for at least 100 trips per hour. If trips were less than 100 per hour, no traffic study was needed. McGarvie noted that the City planned a traffic signal at 32nd St. and Avenue 10E for $1.2 million, with design in 2027 and construction in 2028. They also planned to widen Avenue 10E from 32nd to 40th St. to five lanes in fiscal year 2028 for $800,000 and noted that the major project was 40th St., which the City aimed to construct from Avenue 6E to Fortuna Road, in collaboration with the County.
“Chelsea Malouff- Planning and Zoning Commissioner expressed concern, stating that the South Frontage Road couldn't support the subdivision at that time. Malouff then asked if the City planned to work with Yuma County to assist with the infrastructure on the roads. McGarvie stated that it would be the City’s responsibility to make any road improvements to or along the frontage road going toward town.
“John Mahon- Planning and Zoning Commissioner asked for information on the minimum parcel sizes and the minimum space sizes in the RVS zoning district. Blevins stated that for an RV or manufactured home, the minimum size was 2,400 square feet and mentioned that the subdivision under review had lots ranging from 6,000 to 9,000 square feet, with an average of about 8,000 square feet, which were larger than the lots in the subdivisions on either side of it.
APPLICANT/APPLICANT’S REPRESENTATIVE
“Craig Colvin, 6105 E. Alyssa Ln, Yuma, AZ was available for questions and stated that Unit 2 of the subdivision was approved last year, and the intent was to align the construction of Unit 1 and Unit 2 to support the infrastructure of Unit 2.
“Chris Hamel- Chairman, Planning and Zoning Commission, inquired about the possibility of riverbeds running under the property. Colvin responded that while there had been water movement, he was not aware of any riverbeds on the property. Hamel then asked Colvin if he knew about the burrowing owl in the area and the location of their habitat. Colvin replied that he had no knowledge of the habitat's location.
PUBLIC COMMENT
“Lester Favish, 10123 E. 37th Street, Yuma, AZ, said that there were riverbeds under the property and if no water was flowing and they dried up due to the heat and water shortage, the land would collapse. Favish mentioned that there were burrowing owls on that land, and it was against both state and federal laws to interfere with them since they were protected species. He also noted that there were lizards on the land, which were also state-protected species. Favish also expressed concerns about traffic and frequent accidents on 10E, suggesting that a three-way stop could help reduce these incidents. Favish noted that all the schools are located on the other side of the freeway, leaving the east and south sides of the area without schools. He pointed out that without proper infrastructure, the area can't support more development. He also mentioned gathering about 2,900 signatures and is thinking about filing a class action lawsuit because of the lack of response from the City.
“Jennifer Matthews, 11762 S. Avenue 10E, Yuma AZ, expressed concerns about the conditions of the road and traffic. Noting that there should be accommodations for the existing residents.
“Morgan Ary, 11832 S. Avenue 10E, Yuma, AZ can confirm the presence of the burrowing owls in the area and expressed concerns about being backed up against four neighbors and the road conditions and traffic in the area.
“Hamel asked if 10E would be widened down to East 36th Street. McGarvie said it would go
from 32nd Street to 40t' Street. Hamel then asked if there were any easements in place.
McGarvie said that City would have to purchase some right-of-way from property owners.
“Lorraine Arney - Planning and Zoning Commissioner asked if there was a timeframe for the completion of Unit 1. Colvin responded that he did not have an exact timeline but estimated it would take up to a year to get the infrastructure in place.
“Mahon asked if the applicant would dedicate 50 feet of right-of-way on the plat. McGarvie responded that there is a dedication of 33 feet on the plat, with an additional 17 feet to be requested.
“Motion by Arney, second by Ashlie Pendleton- Planning and Zoning Commissioner to APPROVE SUBD-42965-2024 as presented, with the following modifications: condition #6 shall now read, ’The Owner/Developer shall provide a traffic analysis based on the Trip Generation Manual from the Institute of Transportation Engineers (ITE), conducted by an Arizona registered engineer with traffic experience, detailing the expected peak hour vehicular trips from the proposed development.’ Additionally, condition number #7 shall be eliminated, and the remaining conditions shall be renumbered accordingly. 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 Butler Estates Unit No. 1 Subdivision as submitted, including the conditions of approval written above.
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 |
03/25/2025 |
|
Reviewed by City Attorney: |
Date: |
|
Richard W. Files |
03/23/2025 |