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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: t
Amendment: Ordinance O2022-032
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SUMMARY RECOMMENDATION: Summary Recommendation
Pursuant to A.R.S. § 9-462.01, conduct a public hearing to determine compliance with the conditions of approval for Rezoning Ordinance O2022-032, and introduce an ordinance to amend O2022-032 to extend the time to comply with the rezoning conditions. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
This statutory compliance hearing and ordinance will validate the zoning for existing and future 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 August 17, 2022, the City Council adopted Ordinance O2022-032, authorizing the property located at the northwest corner of 37th Street and Avenue 10E to be rezoned from the Low Density Residential (R-1-40) District to the Medium Density Single-Family Residential (R-2-5) District. Ordinance O2022-032 required that the following conditions be completed within two 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 and Range Disclosure 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 Owner/Developer shall dedicate right-of-way for a total of 50 feet half-width on Avenue 10E.
5. The Owner/Developer shall construct the half-width of Avenue 10E per Yuma County Standard 2-220 with a five-foot sidewalk.
6. Each of the conditions listed above shall be completed within two 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 A.R.S. § 9-462.01.
The property was rezoned as a single zoning case (ZONE-39444-2022) in which conditional zoning to the Medium Density Single-Family Residential (R-2-5) District was approved based upon the completion of the six conditions of approval within two years. The Medium Density Single-Family Residential (R-2-5) District zoning expired because the owner of the parcel had yet to complete the required easement, paving, and right-of-way dedications. The current property owner will satisfy the remaining conditions required to validate the zoning through the subdivision process. The subdivision preliminary plat for Butler Estates Unit 2 (SUBD-40583-2022) was approved in 2023 with a three-year deadline.
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 will complete all conditions of approval required under Zoning Case ZONE-39444-2022 and still wants the property rezoned to the Medium Density Single-Family Residential (R-2-5) District.
RECOMMENDATION:
At the close of the public hearing, staff recommends that City Council introduce the attached ordinance which amends Ordinance O2022-032 by extending the deadline for compliance from two years to four years. A location map is attached.
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 |
9/9/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
9/6/2024 |