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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 State Route SR-195 and 40th Street
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SUMMARY RECOMMENDATION: Summary Recommendation
Rezone approximately 50.55 acres from the Agriculture (AG) District to the High Density Residential (R-3) District, for the property located at the southeast corner of State Route SR-195 and 40th Street, Yuma, AZ. (Planning and Neighborhood Services) (Alyssa Linville)
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STRATEGIC OUTCOME:
Approval of this rezone supports residential development in the City that will be responsibly constructed, meeting all codes and requirements. This rezone assists in furthering the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible.
REPORT:
The subject property is located at the southeast corner of State Route SR-195 and 40th Street. While currently undeveloped, the intended development for the subject area is a multi-family project.
Further specified in Yuma City Code §154-07.03, the following are some of the development standards required of a development with the High Density Residential (R-3) District:
1. The maximum lot coverage in the High Density Residential (R-3) District shall not exceed 60% of the lot area;
2. A minimum front yard setback of 20 feet;
3. A minimum side yard setback of 5 feet;
4. A minimum rear yard setback of 10 feet; and
5. A 50-foot maximum building height.
In accordance with the current City codes and other applicable laws and principles, the developer will need to submit development plans to ensure the development standards for the High Density Residential (R-3) District are met including paved access, parking and landscaping.
The potential residential development could contain between 657 and 1,516 residential units based on the density limitation outlined in the General Plan. The request to rezone the property from the Agriculture (AG) District to the High Density Residential (R-3) District is in conformance with the Land Use Element of the General Plan.
On Map 12, 2025, the Planning and Zoning Commission voted to recommend APPROVAL of the rezoning from the Agriculture (AG) District to the High Density Residential (R-3) District, subject to the following conditions:
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/Developer shall dedicate the south half right-of-way for 40th Street across the property frontage including the widening for the future bridge to cross the Area Service Highway (ASH) as follows:
• The Owner/developer shall dedicate to the City of Yuma the fee title to the original 33 feet of south half right-of-way called out in the Yuma County Road Surveys for 40th Street, along the property frontage that was not purchased by the City of Yuma in Warranty Deed Fee # 2005-29535.
• The Owner/developer shall dedicate via Warranty Deed to City of Yuma additional 40th Street right-of-way commencing at the Northwest corner of Assessor’s Parcel Number (APN) 197-16-001, also being the point of intersection with the south right-of-way line of 40th Street and the east right-of-way line of the ASH highway; Thence South along the westerly property line also being the ASH highway right-of-way line a distance of 95.00 feet; Thence easterly along a line parallel to and 157.00 feet south of the North Section line of Section 16, a distance of 152.67 feet; Thence Northeasterly along a straight line, a distance of 651.42 feet to a point lying 62 feet south of the North section line of said Section 16, said point also lying on the north line of APN: 197-16-001; Thence Westerly along the North line of APN: 197-16-001 to the True Point of Beginning.
4. The Owner/developer shall dedicate a 1 ft non-access easement along the ASH and 40th street frontages except for approved access locations.
5. The Owner/developer shall construct sound attenuation walls along the ASH highway frontage as done similarly in the Ocotillo subdivisions, along the ASH Highway, within five (5) years of the effective date of the rezoning or issuance of a Certificate of Occupancy for the property, whichever occurs first.
6. The Owner/Developer shall make a payment in lieu for design and construction of 40th Street roadway from 6¾E westward to the west edge of property frontage. 40th Street improvements to consist of two travel lanes located on the south side of the road including ABC, pavement, curb, gutter, sidewalk/walking path, streetlights and landscaping per City construction standards.
7. With the exception of Conditions 2 and 5, each of the conditions listed above shall be completed within two (2) years of the effective date of the rezoning ordinance or prior to the issuance of a building permit or business license for this site, whichever occurs first. If the conditions of approval are not completed within the above time frame then the rezone shall be subject to A.R.S. § 9-462.01.
PUBLIC COMMENTS - EXCERPTS FROM PLANNING AND ZONING COMMISSION MEETING MINUTES:
“Amelia Domby - Principal Planner, summarized the staff report and recommended APPROVAL.
“Chris Hamel - Planning and Zoning Commissioner commented that he noticed on the original staff report for this case there where only six conditions and then asked if staff could explain the addition of Condition #7. Domby replied that there were seven conditions on the original staff report, and that conditions #5 and #7 were revised. Hamel then asked if the applicant was in agreement with the conditions. Domby replied yes.
APPLICANT/APPLICANT’S REPRESENTATIVE
None
PUBLIC COMMENT
None
MOTION
“Motion by Lorraine Arney, second by Commissioner Ashlie Pendleton to APPROVE ZONE-43816-2025 as presented. Motion carried unanimously, (6-0) with one vacancy.’
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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John D. Simonton |
06/10/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
06/08/2025 |