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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☐ Safe & Prosperous |
☐ Motion |
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Community Development |
☐ 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
Annexation Area No. ANEX-44331-2025 Cha Cha, LLC
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SUMMARY RECOMMENDATION:
Summary Recommendation
This is a public hearing to consider the annexation of properties located west of the southwest corner of 40th Street and Avenue 4½E. (ANEX-44331-2025). (Community Development/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The approval of this annexation will provide access to City resources and services. This annexation assists in furthering City Council’s strategic outcome of Respected and Responsible.
REPORT:
The annexation area consists of four parcels of real property and the adjacent 40th Street, 42nd Street and Avenue 4½E right-of-way. The annexation area totals approximately 65.86 acres. The properties are owned respectively by:
1. Cha Cha, LLC, parcel 724-02-003, which is undeveloped,
2. Tangerine & Tonic, LLC, parcel 724-01-007, citrus groves,
3. JD&B Yuma RP, LLC, parcel 724-09-002, citrus groves,
4. Humane Society of Yuma, Inc., parcel 724-02-004, is undeveloped.
The City of Yuma received a request from Cha Cha, LLC, the larger parcel, to annex their property with the intent to rezone for future industrial development. In response, the City has initiated this annexation process and included three adjacent parcels as well. Two of the parcels, APN 724-01-007 and 724-09-002, are the subject of Pre-annexation Development agreements adopted by the City Council on July 16, 2025 (R2025-077) and August 6, 2025 (R2025-080). The property owners requested to annex into the City of Yuma but at the time, annexation was not possible, and a Pre-annexation Development agreement was processed. The Pre-annexation Development Agreement identifies specific responsibilities of both the property owners and the City of Yuma. A responsibility of the property owners is to agree to annexation at such time as the City of Yuma may initiate that action. The fourth parcel, APN 724-02-004, is being included as part of this annexation effort to provide a seamless annexation boundary. Future development of this undeveloped parcel will require connection to City utilities. Annexing this property now will minimize any delays when development does move forward.
The annexation boundary includes the adjacent rights-of-way of 40th Street, 42nd Street and Avenue 4½E.
In accordance with Arizona law, a blank petition with a legal description and a map of the area to be annexed was filed with the Yuma County Recorder on October 9, 2025. There is a 30-day waiting period after recording the map and petition with the County Recorder before signatures can be obtained. During that time, a public hearing must be held by the City Council within the last 10 days of the 30-day waiting period. All appropriate and necessary notice and posting requirements have been met. After the 30-day waiting period and the public hearing, the following procedures must be followed.
• The signatures of property owners must be obtained such that at least one-half of the value of real and personal property is represented and such that more than one-half of the parcel owners are represented.
• Within one year after the last day of the 30-day waiting period, completed petitions must be filed with the County Recorder.
• An ordinance must be adopted by the City Council effectively changing the City boundaries to include the annexation area. The ordinance will become effective 30 days after adoption. No modifications, including increases or decreases to the territory to be annexed, may be made after the first property owner in the area signs the petition. This public hearing is held to comply with the annexation law, Section 9-471 of the Arizona Revised Statutes. The purpose is to notify all property owners of the proposed annexation and take public comment.
Pending receipt of the signed petition from the property owners after the annexation hearing, it is anticipated that the annexation ordinance will be heard by the City Council for introduction on December 3, 2025, with adoption on December 17, 2025.
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: |
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TOTAL |
$ 0.00 |
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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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Jennifer Reichelt for John D. Simonton |
10/27/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
10/26/2025 |