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File #: O2024-027    Version: 1 Name:
Type: ordinance Status: Passed
File created: 7/3/2024 In control: City Council Meeting
On agenda: 8/7/2024 Final action: 8/21/2024
Title: Text Amendment: Conditional Uses within the General Commercial District
Attachments: 1. 1. P&Z REPORT Zoning Code Text Amendment: Conditional Uses within the General Commercial District, 2. 2. ORD Zoning Code Text Amendment: Conditional Uses within the General Commercial District

 

 

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: t

 

Text Amendment: Conditional Uses within the General Commercial District

 

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SUMMARY RECOMMENDATION: Summary Recommendation

Amend Title 15, Chapter 154, Article 8, Section 4 General Commercial District, Subsection E, to amend the list of Conditional Uses to include cemeteries on a minimum area of 15 acres as a Conditional Use within the General Commercial (B-2) Zoning District. (Planning and Neighborhood Services) (Alyssa Linville)

 

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STRATEGIC OUTCOME:

The proposed text amendment will address the need to create a community where all uses and activities are mutually in balance. The proposed amendment supports the City Council’s strategic outcome of Respected and Responsible.

 

REPORT:

The current City of Yuma Zoning Code allows cemeteries as conditional uses in several districts, including the Agriculture District, Suburban Ranch Districts, Residential Estate Districts, Low Density Residential Districts, Medium Density Residential Districts, and High Density Residential Districts. The Yuma City Code does not specify a minimum acreage requirement for cemetery development within these districts, nor does the Yuma City Code allow cemeteries as a conditional use in the General Commercial (B-2) District.

The two cemeteries situated within the City of Yuma were developed in the late 1800’s and early 1900’s in what is now a General Commercial (B-2) District. The proposed text amendment will permit cemeteries in the B-2 District with a minimum area of 15 acres, subject to approval through a Conditional Use permit.

On June 24, 2024, the Planning and Zoning Commission voted to recommend APPROVAL (4-0) of the request by Arick Dombrowski on behalf of Yuma Memorial Park, LLC, for a Zoning Code Text Amendment to amend Title 15, Chapter 154, Article 8, Section 4, General Commercial District, Subsection E to amend the list of Conditional Uses to include cemeteries on a minimum area of 15 acres as a Conditional Use within the General Commercial (B-2) Zoning District.

 

PUBLIC COMMENTS - EXCERPT FROM PLANNING AND ZONING COMMISSION MEETING MINUTES:

 

QUESTIONS FOR STAFF

“Joshua Scott - Planning and Zoning Commissioner asked if the request would apply to a specific location or Citywide.

 

“Erika Peterson - Associate Planner said it would be a Citywide text amendment.

 

“Scott then asked, if once the applicant had a location and applied for a Conditional Use Permit, would the neighboring properties have an opportunity to submit comments.

 

“Peterson confirmed.

 

APPLICANT/APPLICANT’S REPRESENTATIVE

“Arick Dombrowski, 3880 S. 4th Avenue, Yuma, AZ was available for questions.

 

“Chelsea Malouff - Planning and Zoning Commissioner asked the applicant for the location of the subject property.

 

“Dombrowski said that the location was North of 40th Street near 3880 S. 4th Avenue.

 

PUBLIC COMMENT

None

 

MOTION

“Motion by Ashlie Pendleton - Planning and Zoning Commissioner, second by Malouff to APPROVE ZONE-42689-2024 as presented.

 

“Motion carried unanimously, (4-0).’

 

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

 

 

 

 

 

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

07/23/2024

Reviewed by City Attorney:

Date:

Richard W. Files

07/22/2024