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☐ Motion |
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Planning & Neighborhood Svc |
☐ Active & Appealing |
☐ Resolution |
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Community Planning |
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☒ Public Hearing |
TITLE: t
Conditional Use Permit Appeal: Southwest Corner of Avenue 6E and E. 30th Street
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SUMMARY RECOMMENDATION: Summary Recommendation
City Council to hear and decide the Gregory O’Neal appeal pursuant to Yuma City Code Section §154-02.01 (J). The appellant seeks to appeal the approval of a Conditional Use Permit for a large company housing complex (CUP-43322-2024) for Tanimura and Antle CA General Partnership for the property located at the southwest corner of Avenue 6E and E. 30th Street. (Planning & Neighborhood Services) (Alyssa Linville)
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STRATEGIC OUTCOME:
Consideration of this appeal aligns with City Council’s Respected and Responsible strategic outcome as it provides additional review for the public regarding City business.
REPORT:
This agenda item represents an appeal of the Planning and Zoning Commission to the City Council pursuant to the Yuma City Code.
City Council must decide whether to uphold the granting of a Conditional Use Permit (CUP) by the Planning and Zoning Commission, reverse the Planning and Zoning Commission’s grant of a CUP, or modifying the Planning and Zoning Commission’s grant of a CUP. A yes vote approves the Planning and Zoning Commission’s grant of a CUP, a no vote reverses the Planning and Zoning Commission’s grant of a CUP, either of which can be modified by City Council motion adding additional considerations.
City Council may allot time to the appellant and original applicant to present their case. For previous cases this time has been set at 10 minutes respectively.
Procedural History
On October 9, 2024, Avila Construction, submitted a Conditional Use Permit application on behalf of the property owner, Tanimura & Antle CA General Partnership, to establish a large company housing complex for the property located at the southwest corner of Avenue 6E and E. 30th Street.
On December 9, 2024, following deliberation and public comment, the Planning and Zoning Commission approved the request. As part of the public review process the property owners within 300 feet were mailed a notification of the request with the dates for a neighborhood meeting and the hearing. The Neighborhood Meeting was held on site on November 6, 2024. A Legal Ad was published on November 14, 2024. A summary of the Neighborhood meeting comments can be found in the staff report to the Planning and Zoning Commission attached to this agenda item. Public comments at the Planning and Zoning Commision are included below.
On December 12, 2024, Gregory O’Neal filed an appeal of the decision of the Planning and Zoning Commission to approve the request to establish the large company housing complex, pursuant to City Code Section §154-02.01 (J). (“All decisions of the Planning and Zoning Commission are appealable to the City Council”).
On January 3, 2025, Gregory O’Neal filed written materials with the City Clerk supporting his appeal which are attached to this City Council report.
On January 13, 2025, Tanimura & Antle filed a reply to the written materials with the City Clerk which can be found attached to this City Council report.
PUBLIC COMMENTS - EXCERPT FROM PLANNING AND ZONING COMMISSION MEETING MINUTES:
QUESTIONS FOR STAFF
“Chairman Hamel asked if most of the traffic would be coming from north to south, traveling over 6E and down 30th Street, and if the bus traffic would be primarily through the southern half of the site, which transitions between the subject project and the RV park.
APPLICANT/APPLICANT’S REPRESENTATIVE
“Jeff Nohr, 12 Thomas Owens Way, Monterey, California, was available for questions. Nohr clarified that to the east of the property is the existing Tanimura and Antle (T&A) corporate site, which is where the buses are currently parked overnight and noted that the buses will continue to park at the existing site and travel to the new project site. Nohr added that most of the buses would come in from 30th Street, which runs along the northern edge of the site, and loop around, entering the main project area and having two options: they can either loop left or right, and then exit out via either the main exits or the side entrance onto Avenue 6E. Nohr stated that the buses would enter through the main gate, which will be monitored remotely from the manager's office.
“Commissioner Malouff asked if the employees who would be living on site are currently residing elsewhere, and whether the site will be vacant until the project is completed, or if there would be an increase in the number of employees once the facility is ready to be occupied. Nohr replied that the employees are currently living elsewhere and confirmed that they are the same employees that would occupy the facility once completed. Malouff then asked if there would be shuttles available for the employees that would take them to the store. Nohr confirmed.
“Hamel asked for the time that the buses would pick up and drop off the employees. Nohr said pick up would be at 6 AM and drop-off would be from 4:30 to 5 PM.
PUBLIC COMMENT
“Eugene Holloman, 5710 E. 32nd Street, Space #7, Yuma AZ expressed concern about the proposed alleyway or temporary road near FedEx, noting that it has never been used by FedEx but is currently utilized as a back entrance to the trailer park. Holloman also inquired about the potential impacts of the project on access to the park and raised concerns about a rumored survey that may have reduced the park’s space by approximately 10 feet in the back yard. Holloman asked for clarification on whether the survey will encroach on the park's space or if it will remain on the north side of the alley, to ensure that park residents are not inconvenienced by traffic disruptions.
“Desdemonia Gilbert, 5710 E. 32nd Street, Yuma AZ expressed concerns about the proposed bus pick-up times as she currently has witnessed pick up times between 2:00 AM and 5:00 AM, particularly as 15 trailers at the park back up to the road where buses will be picking up workers. Gilbert also mentioned that if the trailers need to be removed, it would not be possible to replace them in their spaces due to the lack of rear access. Gilbert suggested the bus pick-up location be moved to 30th Street.
“Hamel referred to Holloman’s concern about the rumored survey reducing the property line of the adjacent property and asked the applicant for clarification. Nohr said a survey was conducted to verify the property lines, and the results aligned with expectations and that the current access road in question is an easement on subject property, which was granted to the fire department to provide a secondary access point for FedEx Way. Nohr said the easement was part of the conditions for the FedEx Way project, as the fire department required two access routes and noted that the easement would be maintained and slightly adjusted due to the new driveway and parking plans associated with the project, but it would still serve to provide continued access for the fire department. McGarvie confirmed Nohr’s statement regarding the fire access easement.”
“Motion by Loraine Arney, second by Chelsea Malouff to APPROVE CUP-43322-2024 as presented. Motion carried unanimously, (5-0) with one absent and one vacancy.
FISCAL REQUIREMENTS:
|
CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
|
FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
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?
☐ 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 |
01/27/2025 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
01/27/2025 |