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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
Authorize 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. The 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, 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 a Pre-annexation Development agreement 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 area is designated on the annexation map attached to the proposed ordinance.
In accordance with Arizona Revised Statutes § 9-471, a blank petition with a legal description and map of the area to be annexed was filed with the County Recorder on October 9, 2025. There was a 30-day waiting period after recording the map and petition with the County Recorder before signatures on the annexation petition could be obtained. During the waiting period, a public hearing for annexation ANEX-44331-2025-2025 was held by the City Council on November 5, 2025, to comply with the state annexation law. All appropriate and necessary notice and posting requirements have been met.
After the 30-day waiting period and the public hearing, the following procedures were followed:
1. The signatures of the property owners were obtained such that at least one-half of the value of the real and personal property is represented and such that more than one-half of the parcel owners are represented. No modifications, including increases or decreases to the territory to be annexed, were made after the first property owners in the area signed the annexation petition.
2. Within one year after the last day of the 30-day waiting period, these completed petitions were received and recorded with the office of the Yuma County Recorder.
Following the recording of the completed petitions, an ordinance must be adopted by the City Council changing the City boundaries to include the annexation area.
The ordinance also identifies the zoning district to be placed on the properties within the annexation area as Light Industrial (L-I) (parcels 724-02-003 and 724-02-004) and Agriculture (AG) (parcels 724-01-007 and 724-09-002) District. These zoning designations match the current County Zoning on the properties (L-I and Rural Area (RA-10) and are in conformance with the City of Yuma General Plan, which identifies the land use of the property as Agriculture/Industrial. This City Council action introduces the annexation ordinance prior to adoption.
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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John D. Simonton |
11/25/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
11/24/2025 |