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File #: MC 2023-182    Version: 1 Name:
Type: motion Status: Passed
File created: 10/23/2023 In control: City Council Meeting
On agenda: 11/15/2023 Final action: 11/15/2023
Title: Final Plat: Spirit Park Subdivision
Attachments: 1. 1. SUPP DOC Final Plat: Spirit Park Subdivision

 

 

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:

title

Final Plat: Spirit Park Subdivision

 

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SUMMARY RECOMMENDATION:

Summary Recommendation

Approve the final plat of the Spirit Park Subdivision. The property is located at the southeast corner of Avenue 3E and 38th Street. (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)

 

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STRATEGIC OUTCOME:

This subdivision furthers the City Council’s strategic outcome of Safe and Prosperous, as the approval of the final plat will facilitate an increase in new industrial development opportunities.

 

REPORT:

The proposed subdivision with Light Industrial (L-I) zoning will reconfigure four existing parcels into ten lots, intended for industrial development. In its entirety, the subject area is approximately 19.31 acres in size. The principal purpose of the Light Industrial (L-I) Zoning District is to accommodate light industrial uses which are not likely to create conditions of smoke, noise, odor and dust to the detriment of adjoining properties; to ensure accessibility to major transportation routes for the movement of materials, products and employees; and to protect industrial districts from incompatible uses of land by prohibiting the use of such areas for new residential development.

 

While there are a variety of uses permitted within the Light Industrial (L-I) District, there may be limitations on specific uses as the subject area is located within the 70-75 dB noise contour of the Airport Overlay (AD) District. The Airport Overlay (AD) District will also require additional sound attenuation to be incorporated into the design and construction of all new buildings.

 

Following the subdividing of the properties, all resulting parcels will be required to meet all development standards as specified in the City of Yuma’s Zoning Code. These development requirements include paved parking, access, setbacks, landscaping, and lighting.

 

In accordance with Yuma City Code §153-19, subdivisions which contain ten or fewer lots are not required to process and/or receive approval for a preliminary plat by the Planning and Zoning Commission. This expedited process has reduced the subdivision timeline by eight weeks.

 

 

 

 

 

 

 

 

Approval of the final plat for the Spirit Park 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 Owner’s signature on the application of this land use action shall serve as an acknowledgement regarding 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 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.

 

5.                     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 passed by the easement.

 

6.                     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.

 

7.                     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 City Council’s approval of this motion accepts the final plat of the Spirit Park Subdivision, including the conditions of approval set forth 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

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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

11/06/2023

Reviewed by City Attorney:

Date:

Richard W. Files

11/03/2023