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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:
title
Rezoning of Property: 1641 W. 10th Place
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SUMMARY RECOMMENDATION:
Summary Recommendation
Rezone approximately 1.33 acres from the Low Density Residential (R-1-6) District to the High Density Residential (R-3) District, for the property located at 1641 W. 10th Place. (Planning and Neighborhood Services / Community Planning) (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 end of the 10th Place cul-de-sac, just east of the East Main Canal. The property is approximately 1.33 acres in size and is undeveloped. The property owner intends on developing townhomes on this site.
Below, are some of the development standards which apply to the High Density Residential (R-3) District:
High Density Residential (R-3) District:
The maximum lot coverage in the High Density Residential (R-3) District shall not exceed 35% of the lot area; an additional 5% lot coverage is permitted for common recreation buildings. The covered parking provided shall be permitted in addition to the maximum lot coverage percentage listed above, provided that the total lot coverage does not exceed 50% of the lot area:
• A minimum front yard setback of 20 feet;
• A minimum side yard setback of 7 feet; and
• A minimum rear yard setback of 10 feet;
Additionally, the maximum building height in the High Density Residential District is 40’, however, the maximum building height is reduced to 20’ (one story maximum) for all land located within 60’ of a lot in an Agriculture, Suburban Ranch, Residential Estate or Low Density Residential District.
In accordance with the current City codes and other applicable laws and principles, the developer, engineer, and architectural experts will need to submit development plans to ensure all of the development standards for the High Density Residential District (R-3) are met.
The potential residential development could contain between 17 and 39 dwelling units based on the density allowable in the City of Yuma 2022 General Plan. The request to rezone the property from the Low Density Residential (R-1-6) District to the High Density Residential (R-3) District is in conformance with the General Plan.
On November 27, 2023 the Planning and Zoning Commission voted to recommend APPROVAL of the rezoning from the Low Density Residential (R-1-6) 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. 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, Certificate of Occupancy or City of Yuma Business License for this site, whichever occurs first. If the conditions of approval are not completed within the above timeframe then the rezone shall be subject to ARS § 9-462.01.
PUBLIC COMMENTS - EXCERPTS FROM PLANNING AND ZONING COMISSION MEETING MINUTES:
Questions for Staff:
“Chris Hamel - Planning and Zoning Chairman asked Amelia Domby - Senior Planner if she received a copy of a packet with notes and photos that a neighboring property owner provided.
“Amelia Domby - Senior Planner confirmed.
Questions for Applicant:
“John Mahon, 3453 W. 39th Street, Yuma, AZ was available for questions and stated that the property has been vacant for a long time, and it’s being used as a dump. Mahon also informed the commission that he hired a local surveyor to survey the subject property and no easements or rights-of-way were found.
Public Comments:
“Chris Mazza, 1730 W. 10th Pl. Yuma, AZ, provided a packet to the commission and public that contained notes and pictures of the adjacent property. Mazza is in opposition of the request and stated that the property has been vacant for a long time because it is undevelopable and noted that the subject property is the only way to access his back yard. Mazza stated that this request would impede him from getting his septic tank serviced. Mazza also expressed concerns on the value of his property decreasing if the request was approved.
“Melvin Hotchkiss, 1730 W. 10th Pl. Yuma AZ, spoke in opposition of the request. Hotchkiss stated that the previous owner of the subject property allowed him to use the property as an access point to his backyard and place fill in the property. Hotchkiss expressed concerns regarding access to his septic tank and was also concerned about the value of his property decreasing.
“Gregory Castillo, 1681 W. 10th St, Yuma, AZ, spoke in opposition of the request. Castillo stated that the area would be overpopulated. Castillo also stated that the septic tank in his home can only be serviced if accessed through the subject property. Castillo mentioned that there was a fire along the back side of the property and the fire department was able to access the fire using the subject property. Castillo stated that this request would eliminate the access for the fire department. Castillo also noted that Arizona Public Service and Southwest gas have lines in the back side of the properties and this request would impede them from servicing their lines. Castillo also expressed concerns on the value of his property decreasing due to this request.
“Edgar Olvera - Planning and Zoning Commissioner asked Castillo if a single-family home was built on the subject property, instead of multiple units, would it still affect the access to his septic tank. Castillo confirmed.
“Chris Hamel - Planning and Zoning Chairman noted that there appeared to be an issue with the property lines and easements and that visual representation may not be accurate.
“Mahon said that prior to him trimming the trees and clearing the property, no utility truck or fire truck could’ve accessed the back side of the property. Mahon referenced page 4 of the packet that Mazza provided, noting that the photo showed a clear path and access point through their own property for them to service their septic tanks. Mahon mentioned that he paid a land surveyor to survey the property, and that if the neighbors had concerns regarding their property lines, they could hire a different surveyor.
“Gregory Castillo, 1681 W. 10th St, Yuma, AZ stated that there is no other way to access his backyard to service his septic tank.
“Chris Mazza, 1730 W. 10th Pl. Yuma, AZ, clarified that there was no alternative access to the back end of the neighboring properties without driving over the septic system and knocking down trees. Mazza said that they had an oral agreement with the previous owner regarding an easement that allowed them adequate access to their back yard, noting that the agreement is valid and should’ve been communicated to Mahon when he purchased the property.
“Edgar Olvera - Planning and Zoning Commissioner referenced the photo on page 4, provided by Mazza and asked if there was access through an area highlighted on the photo. Mazza said that there was a septic tank in that area that prevented them from making it an access point to the back end of the property.
“Mahon said that he had conversations with the neighbors previously and they refused to trim their trees to access their own back yards. Mahon noted that there were no recorded easements on the subject property. Mahon said that if the neighbors need access to their own back yards, they should trim their own trees to gain necessary access. Mahon also said that he would be developing the property according to the City’s standards and regulations.
“Chris Hamel - Planning and Zoning Chairman noted that a lot of points had been brought up. These concerns are a factor to be considered but the Commission is looking at changing the density allowed.
“Edgar Olvera - Planning and Zoning Commissioner said that the concerns of the neighbors were valid and appreciated, also noting that the City was underdeveloped and housing was needed.
Motion:
“Motion by Lorraine Arney - Planning and Zoning Vice-Chairman, second by Ashlie Pendleton - Planning and Zoning Commissioner to APPROVE Case Number ZONE-41893-2023.
“Motion carried unanimously (5-0, with Branden Freeman Planning and Zoning Commissioner absent and John Mahon Planning and Zoning Commissioner recused).’
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:
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 |
12-27-2023 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
12-25-2023 |