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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
Rezoning of Property: Southeast Corner of S. Avenue 7E and E. 40th Street
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SUMMARY RECOMMENDATION: Summary Recommendation
Rezone approximately 28.5 acres from the Medium Density Single-Family Residential (R-2-5) District to the Medium Density Residential/Planned Unit Development (R-2/PUD) District for the property located at the southeast corner of S. Avenue 7E and E. 40th Street. (Planning and Neighborhood Services / Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The rezoning of the described property will support residential development that will be responsibly constructed, meeting all codes and requirements. This rezone assists in furthering the City Council’s strategic outcomes as it relates to Safe and Prosperous, and Respected and Responsible.
REPORT:
The applicant proposes developing the property for the Desert Sky Unit 4 townhome development. Currently, the site is undeveloped. The applicant proposes to construct 204 units on approximately 28.5 acres. With this request, the applicant seeks to rezone the property from Medium Density Single-Family Residential (R-2-5) District to the Medium Density Residential/Planned Unit Development (R-2/PUD) District.
Density
The Planned Unit Development Overlay (PUD) District states, “the average lot area per dwelling unit, including common area but excluding area occupied by public or private streets, shall not be less than that required by the zoning district regulations otherwise applicable to the site. In density computations, common area shall include only open space and recreational areas that are to be used exclusively for the residents of the development who receive an undivided ownership and responsibilities for such area (Yuma City Code (YCC) §154-14-07 (C)(4)).”
The zoning district regulation applicable to this project is the Medium Density Residential (R-2) District regulations contained within YCC §154-07-01. The R-2 District requires a minimum lot size of 4,500 square feet.
The total lot area of this subdivision, which includes the common areas and excludes the streets, is approximately 938,919 square feet. The density calculation: the total area divided by 208 lots, provides an average lot area of 4,514 square feet, as required by the R-2 District with the PUD Overlay.
Development Standards
“Planned Unit Development are intended to permit greater flexibility and, consequently more creative and imaginative design for the development of residential areas than generally is possible under conventional zoning designations (YCC §154-14.07 (A)).”
The proposed development with the PUD overlay would allow the following dimensional variations:
• An increase in the number of 4,500 square foot lots from 72 lots to 103 lots.
• A decrease in the minimum lot size from 4,500 square feet to 3,300 square feet.
• A decrease in the minimum lot width from 50’ to 30’.
• Staggered front yard setbacks of 15’ and 20’ (20’ is the standard front yard setback).
• A reduction in the side yard setbacks from 7’ on each side to zero feet on each side.
• An increase in maximum lot coverage from 35% to 70%. The increase in lot coverage allows for the future addition of patios and/or sheds.
Amenities
“PUDs are further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of urban amenities and preservation of natural scenic qualities of open spaces (YCC §154-14.07 (A)).”
The applicant has agreed to the following amenities for the proposed PUD:
1. A landscaped retention basin.
2. A 50’-wide linear tract (Tracts B and C) featuring a walking path and shade trees connecting this phase of the development to the phases north of 40th Street. Additionally, this linear tract will be extended to 44th Street upon future development to the south.
3. Each residential lot will feature irrigation, bermuda grass and a tree located in the front yard.
Dwelling Unit Design and Massing Plan
The applicant proposes five different floor plans and two different garage roof designs. The units will include a combination of asphalt and tile roofing with the air conditioning units in the rear. The elevations for these floor plans are available in Attachment C of the Planning and Zoning Commission Report.
The massing plan illustrates the arrangement of the units with the staggered setbacks, the interconnected walking paths, the retention basin/common area, and the walking path connecting the two phases of development. The massing plan is provided in Attachment D.
The proposed Planned Unit Development Overlay (PUD) District permits an increase in density far beyond what would be allowed under the underlying zoning district. This increase in density is financially beneficial to the applicant. The tradeoff for the increased density is that the applicant provides a higher level of urban amenities and preservation of natural scenic qualities of open spaces for the benefit of the residents of the PUD. The proposed amenities for this phase of development along with the required amenities in phase one, meet the intent for a Planned Unit Development as outlined in the City Code.
On October 28, 2024, the Planning and Zoning Commission voted to recommend APPROVAL (6-0, with Pendleton absent) of the request to rezone approximately 28.5 acres from the Medium Density Single-Family Residential (R-2-5) District to the Medium Density Residential/Planned Unit Development (R-2/PUD) District for the property located at the southeast corner of S. Avenue 7E and E. 40th Street, 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. 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 common area/retention basin shall be designed to include the following amenities:
a. Landscaping in a cohesive manner similar to that of the completed common area/retention basin located in Desert Sky Units No. 1, 2, and 3.
b. A 50’-wide linear tract (Tracts B and C) featuring a walking path and shade trees connecting this phase of the development to the phases north of 40th Street.
5. Front yard irrigation, grass, and a 15-gallon tree for each unit shall be installed as a phased installation project, not to exceed 10 completed units.
6. Each of the conditions listed above shall be completed within five (5) 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:
“Zenia Fiveash, Assistant Planner, summarized the staff report and recommended APPROVAL.
Questions for Staff:
“John Mahon - Planning and Zoning Commissioner asked if Condition No. 5 stopped the applicant from doing additional landscaping. Fiveash said that the front would consist of Bermuda grass and trees. Fiveash noted that the applicant agreed with all the conditions.
APPLICANT/APPLICANT’S REPRESENTATIVE
None
PUBLIC COMMENT
None
MOTION:
“Motion by Chelsea Malouff, second by Gregory Counts to APPROVE ZONE-43195-2024 as presented, subject to the Conditions of Approval in Attachment A.
“Motion carried unanimously (6-0), with Ashlie Pendleton - Planning and Zoning Commissioner absent.’
Planning and Zoning Staff Report - 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:
NOT APPLICABLE
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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Jennifer Reichelt for John D. Simonton |
11/25/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
11/21/2024 |