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STRATEGIC OUTCOMES |
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ACTION |
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Department: |
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Safe & Prosperous |
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Motion |
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Community Development |
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Active & Appealing |
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Resolution |
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Respected & Responsible |
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Ordinance - Introduction |
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Division: |
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Connected & Engaged |
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Ordinance - Adoption |
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Community Planning |
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Unique & Creative |
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Public Hearing |
TITLE:
title
Statutory Compliance Hearing/Amendment: Ordinance O2023-008
end
SUMMARY RECOMMENDATION:
Summary Recommendation
Conduct a public hearing pursuant to A.R.S. § 9-462.01 to determine compliance with the conditions of approval for rezoning Ordinance O2023-008 and introduce an ordinance to amend O2023-008 to extend the time to comply with the rezoning conditions. (Community Development/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
The proposed amendment advances the City Council’s strategic outcome of Safe and Prosperous by providing additional time for the property owner to complete required infrastructure and access-related conditions necessary to support the approved commercial zoning. Extending the compliance period supports responsible development and economic investment while maintaining the conditions intended to ensure safe and coordinated development.
REPORT:
On April 5, 2023, the City Council adopted Ordinance O2023-008, authorizing the property located at the northeast corner of Avenue 3E and the North Frontage Road, Yuma, Arizona, to be rezoned from the Agriculture (AG) District to the General Commercial/Aesthetic Overlay (B-2/AO) District. Ordinance O2023-008 required that the following conditions of approval be completed within two (2) years of approval:
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 and Range Disclosure 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. Owner shall dedicate a 1-foot non-access easement along the Avenue 3E and 24th Street frontages, except for the approved driveways.
5. Owner/Develop shall dedicate right-of-way, then design, and construct the final traffic improvements required by a traffic study being administered by the local Arizona Department of Transportation (ADOT) office.
The property was rezoned as a single zoning case (ZONE-40917-2022) in which conditional zoning to the General Commercial/Aesthetic Overlay (B-2/AO) District was approved, based upon the completion of five conditions of approval within two years. However, the property owner was unable to complete the necessary conditions of approval and as a result, the zoning expired.
DETERMINATION:
Arizona Revised Statutes § 9-462.01(E) states that if the time for completion of a condition has expired, the City shall notify the owner, schedule a public hearing, and take administrative action to “extend, remove, or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.”
In this case, the property owner still desires for the property to be rezoned to the General Commercial/Aesthetic Overlay (B-2/AO) District.
RECOMMENDATION:
At the close of the public hearing, staff recommends that City Council introduce the attached ordinance which amends Ordinance O2023-008 by extending the deadline to comply with the conditions of approval for the rezone from two years to six years.
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 |
- |
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?
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Department |
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City Clerk’s Office |
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Document to be recorded |
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Document to be codified |
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Acting City Administrator: |
Date: |
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John D. Simonton |
10/12/2026 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
10/08/2026 |