1 00:03:17,066 --> 00:03:19,734 Good evening, everyone seeing it's four 30. I'd like to 2 00:03:19,734 --> 00:03:23,333 call the April 13th meeting to order a note that require 3 00:03:23,367 --> 00:03:23,900 is present. 4 00:03:26,333 --> 00:03:28,433 Chairman Hamel is missing today. So I'm gonna fill in 5 00:03:28,433 --> 00:03:31,033 for him. So bear, bear with me, but the first 6 00:03:31,066 --> 00:03:31,834 item on the agenda. 7 00:03:32,567 --> 00:03:35,567 Is the consent calendar on their amends to approve from 8 00:03:35,567 --> 00:03:36,567 March 23rd. 9 00:03:37,634 --> 00:03:39,133 Planning zoning, mission withdrawals. None. 10 00:03:40,166 --> 00:03:43,000 Time extensions, none. Continuance is none and approvals none. 11 00:03:43,834 --> 00:03:45,300 But that can I have a motion to approve the 12 00:03:45,300 --> 00:03:47,033 consent calendar as presented? 13 00:03:48,133 --> 00:03:51,834 Mr. Vice chairman, commissioner Arnie. I moved to approve the 14 00:03:51,834 --> 00:03:53,100 consent calendar as presented. 15 00:03:55,066 --> 00:03:56,500 Have a motion to have a second. 16 00:03:57,533 --> 00:04:01,266 Second second by commissioner. Maloff Craig with that. 17 00:04:03,100 --> 00:04:06,033 All those in favor, signify by saying aye. Aye. Aye. 18 00:04:06,300 --> 00:04:07,100 Any opposed? 19 00:04:08,867 --> 00:04:09,867 Motion's been approved. 20 00:04:13,066 --> 00:04:16,033 Item C there's no action items on today's agenda. So 21 00:04:16,033 --> 00:04:16,867 that takes us. 22 00:04:17,700 --> 00:04:20,667 To item D we have two public hearing items today 23 00:04:20,667 --> 00:04:23,266 on, on the agenda. The first is zone. 24 00:04:24,233 --> 00:04:29,133 44 9 1 19 20 26. This is a request by the city of Yuma 25 00:04:29,133 --> 00:04:32,634 there zone approximately 597 acres from. 26 00:04:33,700 --> 00:04:36,567 Agriculture district to the heavy industrial district for the property 27 00:04:36,634 --> 00:04:37,033 located. 28 00:04:38,100 --> 00:04:40,066 At the Northeast and Southeast corners. 29 00:04:41,133 --> 00:04:45,033 Corners of state route Sr 1 95 and the avenue a 30 00:04:45,033 --> 00:04:45,333 alignment. 31 00:04:46,100 --> 00:04:47,300 Staff gather staff, port police. 32 00:04:49,033 --> 00:04:51,867 Thank you. Good afternoon. Meredith Rojas, community planning. 33 00:04:53,100 --> 00:04:57,066 The subject property is approximately 597 acres located at the 34 00:04:57,066 --> 00:05:00,734 Northeast and Southeast corners of state route Sr 1 95 and 35 00:05:00,734 --> 00:05:01,533 the avenue a alignment. 36 00:05:03,667 --> 00:05:07,000 The city of Yuma purchased the property in 1996 and 37 00:05:07,000 --> 00:05:09,767 the property was annexed into the city in 1999. 38 00:05:10,934 --> 00:05:13,300 In 2012, the property was a subject of a general 39 00:05:13,433 --> 00:05:16,300 plan amendment that changed the land. Use designation from public. 40 00:05:17,133 --> 00:05:21,033 Slash quasi-public to agriculture slash industrial to accommodate private industrial 41 00:05:21,667 --> 00:05:21,867 activity. 42 00:05:23,300 --> 00:05:25,433 The city of Yuma is now seeking to rezone the 43 00:05:25,734 --> 00:05:28,533 property from the agriculture district to the heavy industrial district. 44 00:05:29,333 --> 00:05:32,667 To support economic development opportunities and large scale industrial uses. 45 00:05:33,900 --> 00:05:37,100 Uses as our 1 95 divides the property into a Northern 46 00:05:37,166 --> 00:05:38,066 and a Southern portion. 47 00:05:39,433 --> 00:05:42,333 Both areas have been undeveloped open desert since the city 48 00:05:42,333 --> 00:05:44,767 purchased the property approximately 30 years ago. 49 00:05:46,100 --> 00:05:48,734 The city's longtime intent has been to sell this property. 50 00:05:48,767 --> 00:05:51,266 And the requested rezone is designed to make the landlord 51 00:05:51,266 --> 00:05:53,900 attractive to a new owner, looking to develop the property. 52 00:05:54,667 --> 00:05:57,000 At the last meeting we discussed how a specific owner 53 00:05:57,100 --> 00:05:59,100 and or use has not been identified. 54 00:06:00,300 --> 00:06:03,066 That is still the case. However, I have learned that 55 00:06:03,066 --> 00:06:05,500 the city has been approached by a company about possibly 56 00:06:05,500 --> 00:06:07,867 purchasing the Northern portion of the property. 57 00:06:08,767 --> 00:06:10,000 For a potential gravel pit. 58 00:06:11,367 --> 00:06:14,266 In the heavy industrial district, a gravel pit would require 59 00:06:14,300 --> 00:06:17,066 a conditional use permit to be approved by this commission 60 00:06:17,066 --> 00:06:18,367 before development could occur. 61 00:06:20,333 --> 00:06:22,834 Additionally, there have been discussions about locating a cell tower 62 00:06:22,934 --> 00:06:25,033 in the Southern portion of the subject property. 63 00:06:27,033 --> 00:06:29,367 I also wanted to add that the city has determined 64 00:06:29,367 --> 00:06:32,000 this location is not suitable for a space port because 65 00:06:32,000 --> 00:06:34,500 of the proximity to the prison directly west of the 66 00:06:34,500 --> 00:06:35,133 subject property. 67 00:06:36,166 --> 00:06:38,266 And as of this morning, at least the city has 68 00:06:38,266 --> 00:06:40,634 not been approached about a data center at this location. 69 00:06:42,900 --> 00:06:44,867 At the last meeting, there were ALS, there was also 70 00:06:44,900 --> 00:06:48,066 a discussion about access needed to allow rezoning the property 71 00:06:48,133 --> 00:06:49,634 into the heavy industrial district. 72 00:06:50,667 --> 00:06:53,433 Sr 1 95 is identified as a truck route in the 73 00:06:53,433 --> 00:06:57,734 2025 city of Yuma integrated multimodal transportation master plan, which 74 00:06:57,734 --> 00:06:58,734 is shown on the screen. 75 00:06:59,867 --> 00:07:01,767 It is also identified as a truck route in the 76 00:07:01,767 --> 00:07:05,834 city's 2014 transportation master plan and the 2022 general plan. 77 00:07:07,033 --> 00:07:10,667 Access to Sr. 1 95 is available from Cesar Chavez Boulevard, 78 00:07:10,667 --> 00:07:11,266 which is a limited. 79 00:07:12,000 --> 00:07:15,100 Access frontage road that connects to Sr 1 95 avenue B. 80 00:07:16,166 --> 00:07:19,266 And provides paved access to the Arizona state prison complex 81 00:07:19,667 --> 00:07:21,100 directly west of the subject property. 82 00:07:22,500 --> 00:07:26,100 Additionally, the subject property's recorded, plat identifies multiple dedications of 83 00:07:26,100 --> 00:07:29,667 right of way for north south streets, including right away, 84 00:07:29,667 --> 00:07:30,433 that would provide. 85 00:07:31,233 --> 00:07:34,033 The Northern portion of the subject property, future frontage along 86 00:07:34,033 --> 00:07:34,634 avenue, a. 87 00:07:35,433 --> 00:07:38,066 As discussed at the last meeting, a future owner or 88 00:07:38,066 --> 00:07:40,734 developer would be responsible for extending roadway. 89 00:07:41,533 --> 00:07:44,867 Connections to accommodate their ex their specific industrial use. 90 00:07:48,033 --> 00:07:51,033 Property owners within 300 feet of the subject property and 91 00:07:51,166 --> 00:07:54,066 agencies listed in attachment B were notified of the request. 92 00:07:55,066 --> 00:07:57,100 Staff did not receive any opposition to the request. 93 00:07:58,667 --> 00:08:01,834 Based on our analysis staff is recommending approval of the 94 00:08:01,834 --> 00:08:05,000 request, subject to the conditions and attachment a that concludes 95 00:08:05,000 --> 00:08:07,100 my report and I'm available for any questions. 96 00:08:08,000 --> 00:08:11,300 Questions. Thank you. Thank you. Does any, any members of 97 00:08:11,300 --> 00:08:13,300 the commission have questions or comments for staff? 98 00:08:19,700 --> 00:08:20,734 So seeing none. 99 00:08:21,533 --> 00:08:24,300 This is typically where we ask the applicant to come 100 00:08:24,300 --> 00:08:25,333 forward. But. 101 00:08:26,367 --> 00:08:29,433 I believe you're acting as the applicant, right? In some 102 00:08:29,734 --> 00:08:30,433 capacity. Yes. 103 00:08:32,000 --> 00:08:36,367 I did. So I have a couple questions have, and 104 00:08:36,367 --> 00:08:38,133 I have a couple of comments also, but. 105 00:08:39,266 --> 00:08:41,634 My first question is why not light industrial. 106 00:08:48,634 --> 00:08:49,333 Chairman commission. 107 00:08:50,300 --> 00:08:53,066 The heavy industrial allows the greatest range of industrial type 108 00:08:53,066 --> 00:08:56,033 activities to occur there and gives it the greatest opportunity 109 00:08:56,100 --> 00:08:58,333 for someone to want to purchase this property and develop 110 00:08:58,333 --> 00:08:59,100 something different. 111 00:09:03,033 --> 00:09:05,834 Okay, thank you. I, I believe the only difference is 112 00:09:05,900 --> 00:09:07,734 between heavy, industrial and light industrial. 113 00:09:08,567 --> 00:09:10,533 Are like three aviation. 114 00:09:11,433 --> 00:09:14,533 Related uses. So that's, that's why I asked the question. 115 00:09:14,734 --> 00:09:15,734 Light. Industrial is. 116 00:09:16,567 --> 00:09:18,667 A heavy industrial allow allows everything that light industrial allows. 117 00:09:19,834 --> 00:09:24,066 Allows plus I believe three aviation related uses of military 118 00:09:24,100 --> 00:09:25,834 base, an airport and another. 119 00:09:27,066 --> 00:09:29,533 Aviation related use. And that seems to be the only 120 00:09:29,533 --> 00:09:30,533 differences between. 121 00:09:31,634 --> 00:09:32,433 Light and heavy industrial. 122 00:09:38,233 --> 00:09:40,000 Is that a question chairman you want us to list 123 00:09:40,300 --> 00:09:42,000 uses? I know I, no, I, I just that, I 124 00:09:42,000 --> 00:09:43,266 guess I, you know, I guess that was just a 125 00:09:43,266 --> 00:09:45,433 comment. And then I, you know, I, I was, I 126 00:09:45,533 --> 00:09:48,266 did bring up the access stuff last time. So bring, 127 00:09:48,266 --> 00:09:51,100 you know, so I'll bring it up again. I, since 128 00:09:51,166 --> 00:09:53,867 the continuation, I did talk to the. 129 00:09:54,667 --> 00:09:56,734 Engineer at ADOT and he did say that there. 130 00:09:57,533 --> 00:10:00,900 Is not legal access to this property from on the 131 00:10:00,900 --> 00:10:01,533 north or south. 132 00:10:02,300 --> 00:10:06,500 From 1 95, it's a controlled access highway. So it's like 133 00:10:06,500 --> 00:10:08,867 interstate eight. You can't just pull off of it onto. 134 00:10:10,033 --> 00:10:10,900 Onto a property. 135 00:10:12,166 --> 00:10:13,266 I believe that 136 00:10:14,100 --> 00:10:18,100 in order for this property to have access from 1 95, 137 00:10:18,100 --> 00:10:20,166 there'd have to be a new interchange. It seems that 138 00:10:20,233 --> 00:10:20,634 today. 139 00:10:21,533 --> 00:10:23,033 To get to the north to get to the south 140 00:10:23,033 --> 00:10:25,634 side, you can take avenue B, go south and take 141 00:10:25,667 --> 00:10:27,133 the Caesar Chavez to the property. 142 00:10:28,166 --> 00:10:30,834 The north side, I believe that you'd have to take 143 00:10:30,900 --> 00:10:32,033 the avenue B exit. 144 00:10:32,867 --> 00:10:34,066 Travel north of mile. 145 00:10:35,500 --> 00:10:37,300 To county 22nd alignment. 146 00:10:38,100 --> 00:10:40,667 Travel east of mile, and then travel back south mile 147 00:10:40,700 --> 00:10:43,367 on avenue a to access the property as it is 148 00:10:43,500 --> 00:10:43,900 today. 149 00:10:45,000 --> 00:10:48,333 I do see that engineering staff has asked for. 150 00:10:50,033 --> 00:10:53,367 The dedication for collector streets and there's some other dedication 151 00:10:53,367 --> 00:10:54,266 around there. I. 152 00:10:56,033 --> 00:10:58,066 But I, it was my understanding of reading through the 153 00:10:58,066 --> 00:10:58,500 code that. 154 00:10:59,300 --> 00:11:02,166 Upon rezoning something, it had to meet those conditions. 155 00:11:03,066 --> 00:11:04,867 One of which was access along. 156 00:11:05,700 --> 00:11:08,634 A arterial or, or, or a truck route. 157 00:11:10,834 --> 00:11:13,100 I, you know, so I I'll leave, you know, just 158 00:11:13,100 --> 00:11:14,266 that that's my 2 cents. 159 00:11:15,233 --> 00:11:18,834 Cents. Good evening, chairman. 160 00:11:19,834 --> 00:11:21,367 Vice chairman and commission. 161 00:11:22,300 --> 00:11:24,667 Just really quickly to respond to your question about heavy 162 00:11:24,667 --> 00:11:27,767 industrial. There are other uses in the industrial district that 163 00:11:27,767 --> 00:11:30,533 are permitted by C U P that are not permitted 164 00:11:30,533 --> 00:11:31,300 in light industrial. 165 00:11:32,166 --> 00:11:35,433 Specifically, I can think of some recycling facilities that are 166 00:11:35,433 --> 00:11:37,900 not permitted in light, which would be permitted in heavy. 167 00:11:38,667 --> 00:11:41,634 And as we've indicated, the location on the area service 168 00:11:41,634 --> 00:11:44,000 highway would be perfect for those types of uses. 169 00:11:45,133 --> 00:11:47,066 Uses, I think your example of interstate eight is a, 170 00:11:47,066 --> 00:11:48,033 is a great example. 171 00:11:48,934 --> 00:11:50,367 And I could also appoint to those that they, those 172 00:11:51,033 --> 00:11:54,266 uses along interstate aids. Don't also have direct access to 173 00:11:54,266 --> 00:11:57,100 the interstate, but use a frontage road by way of. 174 00:11:57,900 --> 00:12:01,066 Of he Ridge road. So Cesar Chavez could eventually develop 175 00:12:01,166 --> 00:12:04,266 as that frontage road, similar to Heela Ridge. 176 00:12:05,133 --> 00:12:06,767 And I agree with you. I, I guess. 177 00:12:07,834 --> 00:12:09,000 Ultimately, I, I think that. 178 00:12:10,100 --> 00:12:12,634 The code is kind of ambiguous and maybe needs to 179 00:12:12,667 --> 00:12:15,634 be addressed to say something to that extent that. 180 00:12:17,233 --> 00:12:20,300 In that example, the heli Ridge road would be sufficient. 181 00:12:20,500 --> 00:12:22,300 You know, I'm not sure if he road is how 182 00:12:22,333 --> 00:12:24,000 it's classified as a collector, but. 183 00:12:25,133 --> 00:12:28,000 Near the highway can pull off it. It seems that 184 00:12:28,000 --> 00:12:30,266 the code limits it to only properties that. 185 00:12:31,066 --> 00:12:33,000 Gain it says gain access from. 186 00:12:33,700 --> 00:12:37,100 That road. So those properties don't gain access from interstate 187 00:12:37,100 --> 00:12:39,533 eight. They gain access from Hillary Ridge road. 188 00:12:40,900 --> 00:12:44,100 So I, it, it seems to me that there maybe 189 00:12:44,100 --> 00:12:45,367 there's a clarification. 190 00:12:47,000 --> 00:12:48,100 Issue, but I understand 191 00:12:49,734 --> 00:12:51,433 and thank you for thank you for addressing that Alyssa. 192 00:12:53,033 --> 00:12:53,300 The 193 00:12:56,033 --> 00:12:58,066 and it's, it's a little bit different since it's not 194 00:12:58,000 --> 00:12:59,834 a, you know, it's not a typical. 195 00:13:00,767 --> 00:13:01,300 Applicant. 196 00:13:04,266 --> 00:13:06,834 But do any other commissioners have, you know, any questions 197 00:13:06,900 --> 00:13:09,433 or comments for, you know, for staff? 198 00:13:12,533 --> 00:13:14,667 I see what you're trying to do, create an example. 199 00:13:15,634 --> 00:13:19,300 For further cases that would like to be rezoned from 200 00:13:19,300 --> 00:13:21,567 the general public. And I feel like the city of 201 00:13:21,900 --> 00:13:22,634 Yuma should follow. 202 00:13:23,634 --> 00:13:24,667 Their own rules that 203 00:13:26,667 --> 00:13:29,433 you know, they put onto people who are developing places. 204 00:13:29,533 --> 00:13:30,767 So is there some way. 205 00:13:31,634 --> 00:13:33,000 That we could use this case. 206 00:13:35,100 --> 00:13:37,166 As an example for further high industrial. 207 00:13:38,300 --> 00:13:40,367 Rezoning that do not have. 208 00:13:41,133 --> 00:13:44,667 Access as written in the code because all of the 209 00:13:44,667 --> 00:13:47,066 properties on Hewlett Ridge road are light industrial. 210 00:13:50,133 --> 00:13:51,000 Acting chairman. 211 00:13:52,000 --> 00:13:55,634 Commissioners each project has to be looked at uniquely. 212 00:13:56,567 --> 00:13:59,834 This particular site is pretty far away from the developed 213 00:13:59,867 --> 00:14:02,100 area. So we have to look at that one specifically. 214 00:14:03,066 --> 00:14:04,900 In many cases, we do have to do an interpretation 215 00:14:04,900 --> 00:14:05,333 of the code. 216 00:14:06,100 --> 00:14:08,033 And this is an prime example of that. You know, 217 00:14:08,033 --> 00:14:10,300 when the code says it has to be located with. 218 00:14:12,166 --> 00:14:14,133 Along a major, minor arterial. 219 00:14:15,066 --> 00:14:17,433 Right there. There's a main, no major arterial in our 220 00:14:17,433 --> 00:14:19,300 general plan. There hasn't been a major arterial in our 221 00:14:19,300 --> 00:14:22,667 general plan since at least 1997. So that's an interpretation. 222 00:14:23,433 --> 00:14:25,500 That the zoning administrator has to make. And the zoning 223 00:14:25,500 --> 00:14:28,133 administrator is to the director of community development. 224 00:14:29,133 --> 00:14:31,000 So we do have to make those interpretations. 225 00:14:31,834 --> 00:14:33,834 Specific to each site. And, and thank you for that. 226 00:14:35,233 --> 00:14:37,500 I have a comment for that also that if. 227 00:14:38,467 --> 00:14:40,367 The code references a 30 year old code, then. 228 00:14:41,333 --> 00:14:43,100 We should update that because. 229 00:14:44,166 --> 00:14:45,367 If I, as a private property owner, 230 00:14:46,467 --> 00:14:49,166 had a property that was outside of town and didn't 231 00:14:49,166 --> 00:14:50,367 have access. And I said, Hey, 232 00:14:51,233 --> 00:14:54,100 I could, what I could do is I could rezone 233 00:14:54,100 --> 00:14:55,867 this and I can bring in a bunch of, I 234 00:14:55,867 --> 00:14:57,533 could bring in a recycling plan or all these. 235 00:14:58,300 --> 00:14:58,767 Industrial uses. 236 00:15:00,567 --> 00:15:02,433 Says, but if I look at the zoning cor code 237 00:15:02,433 --> 00:15:03,900 right now, if I look at the zoning and I 238 00:15:03,900 --> 00:15:05,000 say, no, I can't do that. 239 00:15:05,700 --> 00:15:06,734 Because it doesn't have this access. 240 00:15:08,033 --> 00:15:10,166 So I, I think that, you know, the. 241 00:15:11,066 --> 00:15:13,133 The landowners to 242 00:15:14,100 --> 00:15:16,066 read that code and understand what they can and can't 243 00:15:16,066 --> 00:15:16,266 do. 244 00:15:17,133 --> 00:15:19,066 Is important. And if that's the guiding. 245 00:15:19,834 --> 00:15:21,900 Rules for everybody, not just the city, that that's the 246 00:15:21,900 --> 00:15:23,433 guiding rules for all property owners. So. 247 00:15:24,166 --> 00:15:28,000 The, you know, if I, I understand that the cases 248 00:15:28,133 --> 00:15:31,066 are different, but if, if it was a private property 249 00:15:31,066 --> 00:15:32,066 owner, they wouldn't even. 250 00:15:33,166 --> 00:15:35,066 Get this far, they'd look at the zoning order and 251 00:15:35,066 --> 00:15:36,100 say, oh, I can't do that. There. 252 00:15:40,634 --> 00:15:42,900 And, and, and if it, and if it's a interpretation 253 00:15:42,900 --> 00:15:44,066 that we don't need, then let's just take it out 254 00:15:44,066 --> 00:15:44,533 of the code. 255 00:15:45,333 --> 00:15:47,667 Let's just take the, the access part outta the code. 256 00:15:52,100 --> 00:15:55,333 Chairman, thank you for the additional information and direction to 257 00:15:55,333 --> 00:15:57,533 look at our code and make changes at a future 258 00:15:57,567 --> 00:15:57,900 date. 259 00:15:58,867 --> 00:15:59,133 Thank you. 260 00:16:04,333 --> 00:16:05,867 With that. Is there anybody? 261 00:16:06,867 --> 00:16:08,100 From the general public that would like to speak. 262 00:16:09,133 --> 00:16:10,533 On this case, sir. 263 00:16:12,834 --> 00:16:15,133 Name and address for the record please? Yes, Ronald van 264 00:16:15,133 --> 00:16:19,133 white, 86 35 east 24, police hum, Arizona 8 53 65. Good evening, 265 00:16:19,467 --> 00:16:20,900 Mr. Chairman, vice chairman and. 266 00:16:21,900 --> 00:16:26,367 Commissioners, one thing, this is very different that the city, 267 00:16:26,634 --> 00:16:28,667 they, they wanna rezone something to sell it. 268 00:16:30,100 --> 00:16:31,734 Is the city in real estate business now. 269 00:16:32,767 --> 00:16:34,500 That's one thing. I, I have a question for that. 270 00:16:35,233 --> 00:16:36,867 And secondly, if, if 271 00:16:37,900 --> 00:16:39,333 can you buy property for me and rezone it for 272 00:16:39,333 --> 00:16:41,567 me? Makes me, could you speak up, sir? Sorry to 273 00:16:41,567 --> 00:16:43,000 interrupt. Could you speak up? 274 00:16:45,767 --> 00:16:48,433 Is the city in real estate business now. 275 00:16:49,333 --> 00:16:51,100 Would they be willing to buy property for me and 276 00:16:51,100 --> 00:16:52,000 rezone it for me. 277 00:16:52,934 --> 00:16:53,667 That's what I'm wanting to know. 278 00:16:55,066 --> 00:16:56,867 And one thing about that is, is that if it 279 00:16:56,867 --> 00:16:59,000 does not meet the zone requirements, then you can't rezone 280 00:16:59,000 --> 00:16:59,166 it. 281 00:17:00,166 --> 00:17:02,033 It's right there in, in, in your, in your, in 282 00:17:02,033 --> 00:17:02,300 your plan. 283 00:17:03,266 --> 00:17:05,166 You've already mentioned that as you as well. So if 284 00:17:05,166 --> 00:17:06,533 you're gonna do it for one, you've gotta do it 285 00:17:06,533 --> 00:17:07,033 for all. 286 00:17:08,033 --> 00:17:11,033 What's right, is right. The city would look, be looked 287 00:17:11,300 --> 00:17:14,066 at very badly if poorly, if that was to happen. 288 00:17:15,133 --> 00:17:17,166 So I encourage you to think twice about that because 289 00:17:17,433 --> 00:17:19,834 we need to do business. We need to be consistent. 290 00:17:21,066 --> 00:17:22,834 Okay. Thank you. Thank you, sir. 291 00:17:28,000 --> 00:17:30,333 Sir, please come forward and state your name, address for 292 00:17:30,333 --> 00:17:31,066 the record, please. 293 00:17:33,033 --> 00:17:37,000 Hello everyone. My name's William Katz, 48 64 west 31st street. 294 00:17:38,100 --> 00:17:39,900 I speak only for myself. I'm here today. Just to 295 00:17:39,900 --> 00:17:40,834 ask a couple questions. 296 00:17:41,900 --> 00:17:43,066 Questions. There was some discussion earlier about. 297 00:17:44,300 --> 00:17:45,033 Data centers. 298 00:17:46,300 --> 00:17:49,066 And I believe paraphrasing. What I heard from the city 299 00:17:49,066 --> 00:17:50,066 staff was that. 300 00:17:50,867 --> 00:17:53,066 Right now there's no interest that they're aware of in 301 00:17:53,066 --> 00:17:54,433 placing a data center there. 302 00:17:55,233 --> 00:17:56,266 As of today's date. 303 00:17:57,533 --> 00:17:58,767 Was their interest previously. 304 00:17:59,834 --> 00:18:02,834 In a data center being placed at that location. 305 00:18:03,634 --> 00:18:04,567 Would be my first question. 306 00:18:05,900 --> 00:18:07,066 My second question would be. 307 00:18:08,467 --> 00:18:12,266 In November, I think it was fifth of 20, 25. The 308 00:18:12,266 --> 00:18:15,266 city of Yuma amended its industrial code to include both 309 00:18:15,266 --> 00:18:17,033 light, industrial and heavy industrial. 310 00:18:18,433 --> 00:18:21,133 And, you know, there's been a lot of discussion today 311 00:18:21,133 --> 00:18:24,100 about interpretations of the code and what the code reads. 312 00:18:25,133 --> 00:18:27,367 Reads. I just wanna make sure that the community's clear 313 00:18:27,467 --> 00:18:28,667 and that I'm clear on. 314 00:18:29,533 --> 00:18:33,033 How we're interpreting those amendments that occurred in November of 315 00:18:33,033 --> 00:18:34,033 2025. 316 00:18:35,066 --> 00:18:37,033 To both the heavy and light industrial. 317 00:18:38,100 --> 00:18:40,266 Code as it relates to data centers. 318 00:18:41,867 --> 00:18:45,266 So if a data center wants to be cited, 319 00:18:46,467 --> 00:18:49,166 and placed in the light industrial district. 320 00:18:50,300 --> 00:18:53,000 Does that require a conditional use permit? 321 00:18:53,900 --> 00:18:55,900 And if a data center wants to be placed or 322 00:18:56,000 --> 00:18:56,100 cited. 323 00:18:57,333 --> 00:18:58,533 In the heavy industrial district. 324 00:18:59,634 --> 00:19:01,667 Does that require a conditional use permit? 325 00:19:02,467 --> 00:19:04,500 And the reason why I believe that's important is there 326 00:19:04,500 --> 00:19:05,500 was discussion today. 327 00:19:06,634 --> 00:19:09,634 As to why the city's interested in heavy industrial. 328 00:19:10,767 --> 00:19:13,166 And what that would mean going forward for the various 329 00:19:13,266 --> 00:19:15,300 types of uses that could occur. 330 00:19:16,467 --> 00:19:18,667 Now I'm a big believer in private property rights. 331 00:19:19,834 --> 00:19:22,166 Rights, but this is city property. I believe the public 332 00:19:22,233 --> 00:19:23,033 has a right to know. 333 00:19:24,033 --> 00:19:26,734 And really my questions only deal with interpretations of code. 334 00:19:27,834 --> 00:19:30,567 And whether there was previously a data center that wanted 335 00:19:30,634 --> 00:19:33,900 to be, or was considering to be placed at the 336 00:19:33,900 --> 00:19:35,100 597 acres. 337 00:19:36,166 --> 00:19:39,066 So if possible, I'd like to get answers to that. 338 00:19:40,033 --> 00:19:43,033 So thank you for your time. Thank you. And sir, 339 00:19:43,033 --> 00:19:45,634 I think I can address one of your questions. The. 340 00:19:47,100 --> 00:19:48,433 At least with this commission. 341 00:19:49,667 --> 00:19:51,033 This case was 342 00:19:52,300 --> 00:19:54,433 extended from a case back in March, and the question 343 00:19:54,433 --> 00:19:57,100 came up of data centers, then I think that's why 344 00:19:57,000 --> 00:19:58,033 staff addressed. 345 00:19:58,867 --> 00:20:01,433 Data centers and the, the discussion for it on this, 346 00:20:01,634 --> 00:20:04,166 on this property today, because that question was asked. 347 00:20:05,433 --> 00:20:07,433 At a, at a previous meeting. Your other questions. I 348 00:20:07,433 --> 00:20:08,000 think that's. 349 00:20:08,767 --> 00:20:11,567 That's maybe something that, that staff can help with and, 350 00:20:11,567 --> 00:20:15,100 you know, interpretations, but as far as how that came 351 00:20:15,100 --> 00:20:17,100 up today, I think it was because of, of some 352 00:20:17,166 --> 00:20:19,667 questions at a previous meeting. And, and I appreciate that. 353 00:20:19,667 --> 00:20:22,300 I guess my question was also asked, has a data 354 00:20:22,300 --> 00:20:25,734 center ever been interest in the 597 acres? 355 00:20:26,700 --> 00:20:29,033 Okay. Thank you. Thank you. 356 00:20:31,166 --> 00:20:33,300 Anyone else from the general public that would like to 357 00:20:33,433 --> 00:20:35,367 speak for this? Can we get some, can we get 358 00:20:35,367 --> 00:20:37,767 some answers on the gentleman's questions on the C U 359 00:20:37,767 --> 00:20:38,834 P for the light industrial? 360 00:20:39,834 --> 00:20:41,834 And the heavy industrial. I know you spoke about it 361 00:20:41,834 --> 00:20:43,834 last time, but I can't remember John's coming towards us. 362 00:20:44,066 --> 00:20:46,734 so I'm gonna try and answer as many questions 363 00:20:46,734 --> 00:20:48,734 as I can. And if I miss something, please remind 364 00:20:48,734 --> 00:20:51,100 me. I was trying to write, as everyone was talking. 365 00:20:52,433 --> 00:20:53,500 So there was a question. 366 00:20:54,467 --> 00:20:55,166 About the 367 00:20:56,767 --> 00:20:58,634 the history of this property and is the city and 368 00:20:58,634 --> 00:21:00,100 the market for real estate. 369 00:21:00,934 --> 00:21:03,066 No, the city purchased this property with the intent of 370 00:21:03,066 --> 00:21:05,900 developing it for a landfill years ago. 371 00:21:06,667 --> 00:21:08,867 Because that is no longer necessary. The city would like 372 00:21:08,867 --> 00:21:11,166 to dispose of this property, cuz it's no longer of 373 00:21:11,266 --> 00:21:13,900 use to the city. The city does that on occasion 374 00:21:13,900 --> 00:21:16,300 when they need to purchase property for various reasons. And 375 00:21:16,300 --> 00:21:18,133 if they don't need it any longer, then they like 376 00:21:18,133 --> 00:21:20,000 to dispose of it. They don't don't wanna keep it 377 00:21:20,033 --> 00:21:22,300 if they'res no benefit to this city in longer, get 378 00:21:22,300 --> 00:21:24,000 it back on the tax roll. So that was the 379 00:21:24,000 --> 00:21:24,634 intent of. 380 00:21:25,000 --> 00:21:27,033 This, we're not the, city's not in the market of 381 00:21:27,033 --> 00:21:27,634 real estate. 382 00:21:28,700 --> 00:21:30,433 The second was, I believe. 383 00:21:31,233 --> 00:21:35,634 About any interest of a data center, as far as 384 00:21:35,734 --> 00:21:38,066 I'm aware, this site has never been the subject of 385 00:21:38,066 --> 00:21:39,367 any interest for a data center. 386 00:21:40,166 --> 00:21:42,734 Not today and not prior, I have not heard any 387 00:21:42,734 --> 00:21:43,000 of that. 388 00:21:44,634 --> 00:21:46,500 And then was there a question about C O P 389 00:21:46,500 --> 00:21:48,000 requirements for a data center? 390 00:21:48,934 --> 00:21:50,500 At this time, the city of Yuma does not identify 391 00:21:50,500 --> 00:21:52,000 provisions for data centers. 392 00:21:52,767 --> 00:21:54,667 I've been doing a lot of research about data centers, 393 00:21:55,000 --> 00:21:57,266 specific to Arizona. What other communities are doing? 394 00:21:58,100 --> 00:21:59,767 We talked briefly with city council. 395 00:22:00,767 --> 00:22:03,000 Last week during a retreat and the direction from council 396 00:22:03,000 --> 00:22:05,033 is that they wanted to address data centers. 397 00:22:05,900 --> 00:22:08,000 In a regional approach. So they don't want the city 398 00:22:08,000 --> 00:22:10,300 yet to move forward on data centers. They wanna approach 399 00:22:10,300 --> 00:22:14,066 it again, regionally with other jurisdictions in our community. So 400 00:22:14,066 --> 00:22:16,133 that's kind of the direction that we've been taken at 401 00:22:16,133 --> 00:22:19,667 this point is we'll probably, hopefully with this city and 402 00:22:19,667 --> 00:22:23,533 other jurisdictions will adopt some regulation for data centers as 403 00:22:23,667 --> 00:22:23,834 a. 404 00:22:24,000 --> 00:22:27,033 Whole. So that might be a C O P requirement 405 00:22:27,033 --> 00:22:30,100 or some sort of public hearing requirement in my experience 406 00:22:30,100 --> 00:22:32,433 with other jurisdictions who have established. 407 00:22:33,333 --> 00:22:36,734 Requirements for data centers. The public process is extremely important 408 00:22:36,934 --> 00:22:40,000 in that. So potentially that will come forward at this 409 00:22:40,000 --> 00:22:42,033 time. The city does not have requirements for data centers. 410 00:22:43,467 --> 00:22:44,900 So no requirements. So 411 00:22:45,900 --> 00:22:48,433 what zoning classification could they go in? 412 00:22:49,934 --> 00:22:51,900 At this time, I would argue that there's no permitted 413 00:22:51,900 --> 00:22:54,333 zoning district in the city of Yuma. Interesting. 414 00:22:57,900 --> 00:22:59,367 I think that's tough. The. 415 00:23:00,934 --> 00:23:03,634 Definition of data centers will probably have to be. 416 00:23:04,367 --> 00:23:07,133 Defined because there's small data centers in this. Yeah. You 417 00:23:07,133 --> 00:23:10,033 know, in this room, there's small data centers, right? The 418 00:23:10,033 --> 00:23:12,367 hospital has a data center. It's accessory to the hospital, 419 00:23:12,500 --> 00:23:13,734 but standalone data centers. 420 00:23:14,667 --> 00:23:17,367 One could argue that it's a warehousing use. So we 421 00:23:17,367 --> 00:23:19,767 do really need to move relatively quickly on this. 422 00:23:20,767 --> 00:23:22,567 Because data centers do seem to be something that our 423 00:23:22,567 --> 00:23:24,667 nation is seeing a lot more interest in. 424 00:23:25,533 --> 00:23:28,266 Thank you, Alyssa. I, I, one more follow up. So. 425 00:23:29,333 --> 00:23:32,433 I, I think we heard that there's a possibility for 426 00:23:33,066 --> 00:23:33,033 a. 427 00:23:34,100 --> 00:23:36,667 Like a rock crushing operation or a mining, but is 428 00:23:36,667 --> 00:23:36,900 that. 429 00:23:37,700 --> 00:23:39,834 That's not the case. The city's just looking to. 430 00:23:40,567 --> 00:23:42,333 To, to sell, to sell this property and market it. 431 00:23:42,867 --> 00:23:45,066 So after the council meeting in Mar or after the 432 00:23:45,433 --> 00:23:47,500 P and Z meeting in March, I was made aware 433 00:23:47,500 --> 00:23:49,867 that there's the potential for somebody that, to be interested 434 00:23:49,934 --> 00:23:53,266 in purchasing that Northern section of land. So north of 435 00:23:53,533 --> 00:23:55,667 S R 1 95 to purchase it for. 436 00:23:57,000 --> 00:24:00,867 A rock crushing gravel pit, which is considered an extraction 437 00:24:00,867 --> 00:24:03,033 use, which would require a C U P. And they 438 00:24:03,033 --> 00:24:06,567 would purchase that through the city. Okay. Okay. Thank you. 439 00:24:06,634 --> 00:24:07,033 Mm-hmm . 440 00:24:13,567 --> 00:24:15,867 I think that there was another member of the public 441 00:24:15,867 --> 00:24:19,033 that wanted to address council, please through your name and 442 00:24:19,033 --> 00:24:19,734 address for the record. 443 00:24:21,233 --> 00:24:24,033 Henry Valenzuela 1970 west country lane. 444 00:24:25,000 --> 00:24:27,166 Some of my questions were answered. I still have two 445 00:24:27,433 --> 00:24:29,634 questions remaining and they should be pretty simple questions. 446 00:24:30,467 --> 00:24:33,333 Questions one is if, if I own this property, 447 00:24:34,300 --> 00:24:38,433 and I, and I, and I wanted to rezone this 448 00:24:38,767 --> 00:24:40,033 as it is today. 449 00:24:40,767 --> 00:24:41,667 To heavy industrial. 450 00:24:44,166 --> 00:24:45,900 Do would I be allowed to do that? 451 00:24:47,100 --> 00:24:47,667 As it sits. 452 00:24:49,133 --> 00:24:50,333 Sits it's if I own that property. 453 00:24:52,133 --> 00:24:54,033 Without access to, to 454 00:24:55,033 --> 00:24:58,000 you know, roadway, access without access to city streets. 455 00:24:59,066 --> 00:25:00,367 No plan for there to be water. 456 00:25:01,500 --> 00:25:02,433 Police and fire. 457 00:25:03,433 --> 00:25:05,567 All of that as it sits right now, would I, 458 00:25:05,567 --> 00:25:08,100 as a private citizen, be able to rezone that. And 459 00:25:08,100 --> 00:25:10,300 the number two is, is kind of a simple question. 460 00:25:10,300 --> 00:25:12,533 I think we need to always ask ourselves is if 461 00:25:12,533 --> 00:25:14,100 we don't, we don't. 462 00:25:15,066 --> 00:25:16,734 Don't rezone this today. 463 00:25:17,533 --> 00:25:19,734 What happens? What happens if we just decide not to 464 00:25:19,734 --> 00:25:20,367 rezone this today? 465 00:25:21,333 --> 00:25:22,567 Thank you. Thank you. 466 00:25:28,266 --> 00:25:31,266 Hello again. Okay. I'll try and answer these as well. 467 00:25:31,667 --> 00:25:34,533 The first question was cons. If this was privately owned, 468 00:25:34,700 --> 00:25:37,100 can somebody rezone this? I think I mentioned it to 469 00:25:37,100 --> 00:25:37,767 the last meeting. 470 00:25:38,667 --> 00:25:40,300 That if this was a private property, the city of 471 00:25:40,300 --> 00:25:42,834 Yuma would have recommended approval of this cuz in our 472 00:25:42,834 --> 00:25:44,133 opinion, there is access. 473 00:25:45,133 --> 00:25:48,367 To that necessary roadway classification, it meets the general plan. 474 00:25:48,634 --> 00:25:52,033 So, yes. I also wanna point out that the commission 475 00:25:52,100 --> 00:25:54,000 approved a very similar rezoning. 476 00:25:56,033 --> 00:26:00,066 April of last year for a property that was 160 477 00:26:00,133 --> 00:26:00,333 acres. 478 00:26:01,333 --> 00:26:04,100 They also rezone from ag to heavy industrial at avenue 479 00:26:04,166 --> 00:26:05,834 a and county 19th street. 480 00:26:06,867 --> 00:26:10,066 No development plan, but did receive a rezoning from the 481 00:26:10,066 --> 00:26:11,066 city council as well. 482 00:26:12,867 --> 00:26:14,667 If this property is not rezoned. 483 00:26:15,834 --> 00:26:18,000 Rezoned too heavy industrial. It would remain. 484 00:26:19,066 --> 00:26:19,900 Ag as is. And 485 00:26:21,133 --> 00:26:23,033 maybe the city would have a successful. 486 00:26:23,834 --> 00:26:26,433 Opportunity for someone to purchase it again. The city is 487 00:26:26,433 --> 00:26:29,100 looking to market this for the highest and best use 488 00:26:29,233 --> 00:26:30,133 the city does not. 489 00:26:31,133 --> 00:26:33,634 Buy high and sell low. That's not what we need 490 00:26:33,634 --> 00:26:35,433 to be doing with our properties. 491 00:26:37,066 --> 00:26:37,433 Thank you. 492 00:26:38,467 --> 00:26:41,500 Alyssa was the 160 acres that we rezoned last year. 493 00:26:41,634 --> 00:26:44,133 Was that a private individual, a city of Yuma. It 494 00:26:44,133 --> 00:26:45,033 was the private individual. 495 00:26:51,166 --> 00:26:52,000 Thank you. Hey. 496 00:26:53,333 --> 00:26:55,734 Staff and, you know, public, you know, bring it back 497 00:26:55,734 --> 00:26:57,133 to the commission for some discussion. 498 00:27:00,100 --> 00:27:02,100 I think that Mr. Mr. Chair. 499 00:27:04,333 --> 00:27:07,066 I would be remiss if I didn't provide some additional 500 00:27:07,066 --> 00:27:10,500 information about the subject property. If, if I maybe just 501 00:27:10,500 --> 00:27:11,333 take a second to. 502 00:27:12,367 --> 00:27:13,367 Please address the commission. 503 00:27:33,533 --> 00:27:35,867 So I just wanted to take a moment to. 504 00:27:36,767 --> 00:27:39,433 Focus on the provision in our zoning code that we've 505 00:27:39,433 --> 00:27:41,767 been talking about. Okay. Cuz there seems to be an 506 00:27:41,767 --> 00:27:42,834 assumption that we're not. 507 00:27:43,834 --> 00:27:45,834 Gonna be in compliance with, with that. 508 00:27:47,066 --> 00:27:48,000 Provision. So 509 00:27:49,133 --> 00:27:52,867 and I'm not under the assumption that that I'm gonna 510 00:27:52,867 --> 00:27:54,333 be able to answer all of the questions. 511 00:27:55,233 --> 00:27:58,000 Questions, but I think what I might share will, will 512 00:27:58,000 --> 00:27:59,567 be relevant to you and you, you may want to 513 00:27:59,567 --> 00:28:02,100 look at, so the provision of the zoning code is 514 00:28:02,100 --> 00:28:03,000 here at D. 515 00:28:04,033 --> 00:28:05,667 The location of any heavy industrial. 516 00:28:06,467 --> 00:28:10,367 District shall be restricted to property, which has access to 517 00:28:10,500 --> 00:28:11,900 and frontage on a major. 518 00:28:12,934 --> 00:28:16,000 Or minor arterial as classified by the transportation element of 519 00:28:16,000 --> 00:28:19,634 the Yuma general plan or which gains access by a 520 00:28:19,634 --> 00:28:22,066 designated truck route as defined by this code. 521 00:28:22,867 --> 00:28:26,433 Or which is contiguous to an industrial zoning district, which 522 00:28:26,500 --> 00:28:28,166 meets either of these requirements. 523 00:28:29,433 --> 00:28:31,066 So one thing to keep in mind here. 524 00:28:31,834 --> 00:28:33,500 This is on the very, as you know, this other 525 00:28:34,033 --> 00:28:36,567 south Porsche boundary of our city. 526 00:28:37,533 --> 00:28:39,033 We're not the only jurisdiction. 527 00:28:40,000 --> 00:28:43,000 That with, with jurisdiction over these roads. 528 00:28:44,033 --> 00:28:46,634 That that are adjacent. So I want to show you 529 00:28:46,634 --> 00:28:49,500 what San Luis in their general plan. 530 00:28:50,300 --> 00:28:52,433 This is the San Luis general plan. 531 00:28:54,433 --> 00:28:56,133 And you'll see that. 532 00:28:57,667 --> 00:28:58,367 Here on the 533 00:29:00,867 --> 00:29:01,734 they designate 534 00:29:02,467 --> 00:29:04,300 all of these county road, 22nd. 535 00:29:05,333 --> 00:29:06,734 County road 23rd. 536 00:29:07,634 --> 00:29:10,367 Avenue a Arizona avenue alignment. 537 00:29:11,433 --> 00:29:15,000 Avenue B is all principle arterial. 538 00:29:16,033 --> 00:29:19,266 Future. So these roads are our designed by. 539 00:29:20,000 --> 00:29:23,166 The, in the general plan for the San Luis to 540 00:29:23,233 --> 00:29:23,500 be. 541 00:29:24,934 --> 00:29:27,433 To be truck be used for that purpose. 542 00:29:28,367 --> 00:29:28,367 Now 543 00:29:30,667 --> 00:29:31,667 our code does speak to. 544 00:29:33,533 --> 00:29:37,433 Designated identified by the transportation element of the Yuma general 545 00:29:37,567 --> 00:29:37,900 plan. 546 00:29:39,000 --> 00:29:42,066 This is the transportation element of the San Luis general 547 00:29:42,133 --> 00:29:42,500 plan. 548 00:29:43,433 --> 00:29:46,166 But they are, they are truck designated routes. So I 549 00:29:46,166 --> 00:29:47,500 just wanted you to be aware of that. 550 00:29:49,100 --> 00:29:52,266 Thank you. The thank you for addressing that. I. 551 00:29:58,266 --> 00:30:00,100 I have 552 00:30:01,133 --> 00:30:03,834 some reservations with the, with this case. 553 00:30:04,900 --> 00:30:08,133 I, I, I think the, the use out there on 554 00:30:08,133 --> 00:30:10,734 county 23rd street and the avenue a alignment. 555 00:30:11,867 --> 00:30:13,333 Is probably a 556 00:30:15,567 --> 00:30:19,033 good place for heavy industrial. It's not going to interfere 557 00:30:19,033 --> 00:30:21,533 with neighboring pro with neighboring property. It's not going, you 558 00:30:21,533 --> 00:30:23,100 know, it's, it's not gonna be. 559 00:30:24,000 --> 00:30:25,266 Offensive to neighboring property owners. 560 00:30:27,100 --> 00:30:28,100 But I also think that. 561 00:30:29,367 --> 00:30:30,433 It does not meet. 562 00:30:31,433 --> 00:30:34,066 What the zoning ordinance says, and we've heard that. 563 00:30:35,066 --> 00:30:37,500 There was part of, it was referenced to code from 564 00:30:37,834 --> 00:30:38,567 1996. 565 00:30:39,700 --> 00:30:41,000 That San Luis's general. 566 00:30:41,700 --> 00:30:43,634 Plan identifies him as future roads. 567 00:30:48,266 --> 00:30:48,533 The 568 00:30:49,667 --> 00:30:52,500 the code seems to the intent of the code. As 569 00:30:52,533 --> 00:30:54,667 I read, it seems to be that heavy industrial is 570 00:30:54,700 --> 00:30:55,000 on. 571 00:30:55,834 --> 00:30:58,433 Major, minor Ontario roads or truck routes. So that. 572 00:30:59,533 --> 00:31:01,066 It can accommodate traffic. 573 00:31:02,033 --> 00:31:04,867 But future roads are just that future roads. 574 00:31:05,700 --> 00:31:07,000 And I, again, I, I. 575 00:31:09,000 --> 00:31:09,066 If 576 00:31:12,266 --> 00:31:13,333 the avenue, a alignment. 577 00:31:14,300 --> 00:31:17,367 You know, or 16th street alignment runs out to. 578 00:31:19,266 --> 00:31:19,667 You know, 579 00:31:21,133 --> 00:31:22,033 very rural areas. 580 00:31:23,066 --> 00:31:24,900 Areas, and I don't believe that those rural areas. 581 00:31:26,100 --> 00:31:29,533 Areas are primed for industrial use because of the alignment 582 00:31:29,634 --> 00:31:32,100 of these roads attaches to 'em. I think that the 583 00:31:32,100 --> 00:31:33,333 intent of the code is. 584 00:31:34,634 --> 00:31:36,066 To is on 585 00:31:37,133 --> 00:31:39,900 to have having like heavy industrial night industrial on. 586 00:31:40,934 --> 00:31:42,900 Access roads where they can accommodate. 587 00:31:45,133 --> 00:31:46,033 Access and 588 00:31:47,066 --> 00:31:48,867 if I'm wrong, I'm wrong. But I, I, I, I 589 00:31:48,867 --> 00:31:51,000 think that what we've iden, I think that what has 590 00:31:51,000 --> 00:31:51,634 been identified. 591 00:31:52,367 --> 00:31:53,000 Is that 592 00:31:55,467 --> 00:31:58,033 the zoning or parts of the zoning ordinance. 593 00:31:59,433 --> 00:32:01,834 Maybe need some update if we're not going. 594 00:32:02,667 --> 00:32:04,333 Just by the 595 00:32:05,133 --> 00:32:08,000 the general plan, then just take it out. Then we 596 00:32:08,000 --> 00:32:09,100 should take it out of the zoning ordinance. 597 00:32:10,100 --> 00:32:10,166 Because 598 00:32:12,166 --> 00:32:12,834 private property owners. 599 00:32:15,667 --> 00:32:18,767 You know, maybe don't have the ability to say, well, 600 00:32:19,634 --> 00:32:22,266 San Luis's roads are classified as this. So, you know, 601 00:32:22,367 --> 00:32:25,100 here, but if a private property owner reads that today, 602 00:32:26,100 --> 00:32:28,300 and they just bought this property or just inherited it 603 00:32:28,300 --> 00:32:30,333 from their family. They don't look at it and say, 604 00:32:30,433 --> 00:32:31,900 oh yes, I can do. 605 00:32:32,767 --> 00:32:35,500 Heavy indu heavy industrial there. And maybe it's just some, 606 00:32:36,133 --> 00:32:36,333 you know, 607 00:32:37,133 --> 00:32:38,533 administrative or, you know, maybe it's. 608 00:32:39,433 --> 00:32:42,900 It's revising the code, but it seems to me that 609 00:32:43,133 --> 00:32:44,567 the way that the code is written. 610 00:32:45,533 --> 00:32:47,100 That this does not meet the code. 611 00:32:48,300 --> 00:32:50,266 I I, I, and again, it's not that it's not 612 00:32:50,333 --> 00:32:50,767 a great. 613 00:32:51,634 --> 00:32:54,033 Or it's not that the use is isn't good. And, 614 00:32:54,133 --> 00:32:56,100 and I, and I, and Alyssa, thank you for bringing 615 00:32:56,100 --> 00:32:56,133 that. 616 00:32:57,133 --> 00:32:59,867 Example what we did before. And I, you know, and, 617 00:32:59,900 --> 00:33:00,333 and may I. 618 00:33:01,133 --> 00:33:02,634 You know, it wasn't read well enough, but if we 619 00:33:02,634 --> 00:33:03,266 did it before. 620 00:33:05,066 --> 00:33:05,333 And 621 00:33:06,300 --> 00:33:08,867 we didn't take that piece of the code into, into 622 00:33:08,867 --> 00:33:11,300 account then I don't think we should do that. I 623 00:33:11,300 --> 00:33:13,133 think that, that it should be. 624 00:33:14,100 --> 00:33:16,667 If we're approving stuff without that, then we should just 625 00:33:16,667 --> 00:33:18,767 take it out of the code. If we're not enforcing 626 00:33:18,767 --> 00:33:20,367 it as it's written, we should just take it outta 627 00:33:20,367 --> 00:33:20,834 the code. 628 00:33:27,834 --> 00:33:29,533 Sorry, just really quick. Maybe I can address that. 629 00:33:30,300 --> 00:33:33,100 The prior rezoning that was approved, it is located on 630 00:33:33,000 --> 00:33:34,300 a minor arterial roadway. 631 00:33:35,066 --> 00:33:37,567 As the code identifies, but there was no development plan. 632 00:33:37,567 --> 00:33:40,100 Okay. Similar to this one. So I would argue that 633 00:33:40,100 --> 00:33:44,634 we believe frontage on Sr 1 95 meets the code requirement. 634 00:33:45,000 --> 00:33:48,166 Okay. And, and if, and thank you. And so I, 635 00:33:48,367 --> 00:33:50,900 so I don't, you know, I I'm glad that other 636 00:33:50,900 --> 00:33:53,033 one met, you know, met the code. I just. 637 00:33:54,066 --> 00:33:56,000 I guess maybe we're 638 00:33:58,300 --> 00:34:00,500 have a different interpretation of access from. 639 00:34:01,333 --> 00:34:02,634 Gaining access from 1 95. 640 00:34:03,700 --> 00:34:06,567 Because I don't believe today at that, that you can 641 00:34:06,567 --> 00:34:07,133 drive from. 642 00:34:08,000 --> 00:34:11,066 Sr 1 95 and pull onto the north or south side 643 00:34:11,066 --> 00:34:12,900 of that property from Sr 1 95. 644 00:34:17,000 --> 00:34:19,567 I, I guess, in addition to that argument, whether or 645 00:34:19,567 --> 00:34:23,266 not Sr 1 95 is, is sufficient to meet the code. 646 00:34:23,266 --> 00:34:26,100 There's also the separate question that the private landowner might 647 00:34:26,133 --> 00:34:27,667 ask a zoning and administrator. 648 00:34:29,367 --> 00:34:31,533 Mr. And Mrs. Administrator, will you. 649 00:34:32,367 --> 00:34:34,767 Recognize roads that have been designated. 650 00:34:35,634 --> 00:34:39,133 As arterial in the, in the San Luis general plan. 651 00:34:40,033 --> 00:34:43,834 As satisfying the Yuma code, even though Yuma code says 652 00:34:43,867 --> 00:34:46,066 the Yuma general plan, will you. 653 00:34:46,867 --> 00:34:50,000 Accept roads that have been designated arterial in the San 654 00:34:50,066 --> 00:34:51,734 Luis plan as, as. 655 00:34:52,567 --> 00:34:53,367 And the answer 656 00:34:54,867 --> 00:34:55,300 has been said, yes. 657 00:34:57,133 --> 00:34:58,567 S and, and that, and that makes sense. And I, 658 00:34:58,567 --> 00:35:00,433 you know, I just, I'm I'm, this is a di 659 00:35:00,433 --> 00:35:02,100 this is kind of a different case. I'm kind of 660 00:35:02,100 --> 00:35:03,834 torn. I think it's hard that. 661 00:35:04,767 --> 00:35:07,033 You know, I, I think one of the resolutions would 662 00:35:07,033 --> 00:35:10,033 be to build an exit from straight route 95 at 663 00:35:10,033 --> 00:35:10,066 avenue. 664 00:35:11,433 --> 00:35:12,734 Avenue a 665 00:35:13,700 --> 00:35:15,567 and so, you know, you pull off avenue a and 666 00:35:15,667 --> 00:35:17,066 be adjacent to this property, but. 667 00:35:18,300 --> 00:35:21,533 If the intent is to sell the property, I think 668 00:35:21,533 --> 00:35:22,033 that's a. 669 00:35:23,433 --> 00:35:26,133 I don't want a condition, somebody building an ex, you 670 00:35:26,133 --> 00:35:29,166 know, coordinating with ADOT and the engineering and cost that 671 00:35:29,166 --> 00:35:31,066 it'd be to, to build that, to build that exit. 672 00:35:31,166 --> 00:35:31,433 But. 673 00:35:32,166 --> 00:35:34,834 But thank you for the clarification and, and, you know, 674 00:35:34,934 --> 00:35:35,033 the. 675 00:35:36,367 --> 00:35:38,033 I just the 676 00:35:40,000 --> 00:35:43,000 I believe in private property rights. And I believe that 677 00:35:43,066 --> 00:35:45,867 somebody should be able to open that zoning ordinance and 678 00:35:45,867 --> 00:35:48,033 read it and say, I can do this with my 679 00:35:48,133 --> 00:35:48,300 property. 680 00:35:49,767 --> 00:35:50,333 And no. 681 00:35:51,433 --> 00:35:53,033 Exactly what they can do at their property. 682 00:35:54,133 --> 00:35:56,767 It it's. I think that there's a lot of. 683 00:35:57,533 --> 00:36:00,367 Confusion around this. So, and so maybe that's, you know, 684 00:36:00,367 --> 00:36:03,433 maybe that maybe city or the city council hears that, 685 00:36:03,634 --> 00:36:04,000 that. 686 00:36:05,333 --> 00:36:07,634 Maybe we look back at the qualifying. 687 00:36:08,567 --> 00:36:10,100 Route types and 688 00:36:11,066 --> 00:36:13,033 where it's designated as specific types of routes. 689 00:36:14,100 --> 00:36:17,367 Routes and either open or eliminate open or eliminate that. 690 00:36:19,066 --> 00:36:21,667 Whatever makes the most sense. It, it, it. 691 00:36:22,467 --> 00:36:26,000 Just seems challenging that if a private property owner came 692 00:36:26,000 --> 00:36:28,100 in and, you know, looked at that, I I'd read 693 00:36:28,100 --> 00:36:30,433 it and say, Hey, I, I can't, I can't do 694 00:36:30,433 --> 00:36:30,867 that. There. 695 00:36:35,100 --> 00:36:36,767 So chairman and commission. 696 00:36:37,533 --> 00:36:40,000 The step forwards step forward. Now, if, if the public 697 00:36:40,000 --> 00:36:41,333 common is done is to. 698 00:36:42,300 --> 00:36:44,266 You can take actions to recommend approval with the conditions 699 00:36:44,266 --> 00:36:47,100 that are there. You can recommend approval with additional conditions 700 00:36:47,100 --> 00:36:49,867 or you can recommend denial. Okay. Thank you with that. 701 00:36:49,867 --> 00:36:51,367 Is there anyone else from. 702 00:36:52,166 --> 00:36:54,000 The community that would like to address this case. 703 00:36:56,000 --> 00:36:58,300 Seeing none. I'll bring it back to the commission for 704 00:36:58,300 --> 00:37:01,133 discussion or discussion that will lead to a motion. 705 00:37:18,266 --> 00:37:20,367 The chairman has the ability to make a motion. If 706 00:37:20,367 --> 00:37:21,266 the commission members. 707 00:37:22,300 --> 00:37:25,900 Choose not to, we would prefer to see a final 708 00:37:25,934 --> 00:37:29,533 action, whether it's recommended recommendation of denial or approval. Okay. 709 00:37:30,767 --> 00:37:31,767 Thank thank you again. 710 00:37:33,367 --> 00:37:35,900 And again, I'm very, you know, I'm, I think I've, 711 00:37:36,000 --> 00:37:36,367 you know, 712 00:37:40,033 --> 00:37:41,867 everyone's probably sick of hearing from me, but I, you 713 00:37:41,867 --> 00:37:44,266 know, I've kind of said what I believe. I don't 714 00:37:44,266 --> 00:37:46,033 think that this is a bad space for heavy industrial. 715 00:37:46,133 --> 00:37:46,734 I think it's. 716 00:37:47,634 --> 00:37:51,300 It's far from anything that would find it obnoxious to 717 00:37:51,300 --> 00:37:52,500 have a heavy industrial use. 718 00:37:53,734 --> 00:37:56,767 I do not think that as the code is written, 719 00:37:56,900 --> 00:37:57,066 that. 720 00:37:58,100 --> 00:38:00,333 The property meets the minimum. 721 00:38:02,033 --> 00:38:04,066 Standards for the heavy industrial zone district. 722 00:38:06,000 --> 00:38:06,867 So I will 723 00:38:08,634 --> 00:38:09,300 I'll make a motion. 724 00:38:11,433 --> 00:38:11,767 That 725 00:38:12,934 --> 00:38:13,867 rezoning case 726 00:38:25,467 --> 00:38:28,667 I'd make a motion to deny rezoning case. 727 00:38:30,100 --> 00:38:34,033 Zone 40 49, 18 20 26. 728 00:38:35,700 --> 00:38:36,734 Noted because 729 00:38:37,533 --> 00:38:38,867 belief that the. 730 00:38:39,834 --> 00:38:41,033 Property does not meet the standards. 731 00:38:42,100 --> 00:38:43,433 Standards in section 1 54. 732 00:38:44,166 --> 00:38:46,133 Dash. Oh, nine dash oh three D. 733 00:38:47,066 --> 00:38:47,567 Related to 734 00:38:50,734 --> 00:38:55,000 access and frontage on major, minor arterial or truck route. 735 00:38:56,066 --> 00:38:58,100 Chairman before. There's a second. I just wanna note that 736 00:38:58,100 --> 00:38:59,033 the case number is. 737 00:39:00,100 --> 00:39:03,000 Zone 4 49, 19 20 26. 738 00:39:04,634 --> 00:39:05,000 Okay. 739 00:39:08,000 --> 00:39:09,066 Do you want me to go to. 740 00:39:09,900 --> 00:39:11,000 Make, should I make the motion again? 741 00:39:12,233 --> 00:39:13,567 My packet says one eight. 742 00:39:16,734 --> 00:39:19,066 Sorry. It's one eight. My apologies. Thank you. 743 00:39:28,166 --> 00:39:31,166 Motion to yeah. Motion. 744 00:39:39,433 --> 00:39:42,033 Yeah. So I, so there's a motion to deny the, 745 00:39:42,266 --> 00:39:44,667 the case. So, you know, open to. 746 00:39:47,333 --> 00:39:50,667 Seconds or not, we can, you know, our entertain another 747 00:39:50,667 --> 00:39:51,033 motion. 748 00:39:52,433 --> 00:39:53,367 Mr vice chair. 749 00:39:54,500 --> 00:39:58,000 I second that, okay. We have a, a motion and 750 00:39:58,033 --> 00:39:58,433 a second. 751 00:39:59,533 --> 00:40:01,433 So with that, everybody. 752 00:40:02,300 --> 00:40:03,500 That. So the motion is to. 753 00:40:04,567 --> 00:40:07,667 Deny. So an I vote will be to agree with 754 00:40:07,667 --> 00:40:08,867 that motion to deny. 755 00:40:10,367 --> 00:40:11,066 Nay votes will 756 00:40:12,033 --> 00:40:15,000 will disagree with that. So there, so with that motion, 757 00:40:15,834 --> 00:40:17,033 can we get a roll call? 758 00:40:21,133 --> 00:40:23,900 Alright, chairman, you can just call for. Okay. IR N 759 00:40:23,900 --> 00:40:25,834 okay. So I'll call, call for the iron a so. 760 00:40:27,066 --> 00:40:27,066 Those 761 00:40:29,133 --> 00:40:30,266 in favor of 762 00:40:31,433 --> 00:40:36,100 denying the motion wrote by saying, aye. Aye. Aye. Those 763 00:40:36,166 --> 00:40:36,767 opposed. 764 00:40:37,867 --> 00:40:38,533 Nay nay. 765 00:40:41,667 --> 00:40:42,266 So the motion. 766 00:40:43,233 --> 00:40:44,567 To deny passes. 767 00:40:45,900 --> 00:40:46,100 Passes three to two. 768 00:40:48,700 --> 00:40:50,900 And, and for the record, I'm sorry. I guess we 769 00:40:50,900 --> 00:40:52,133 do need to just call out. 770 00:40:53,533 --> 00:40:56,533 Alex. Do you have a microphone? No. Okay. All right. 771 00:40:56,934 --> 00:40:59,367 So the votes in favor of the request and an 772 00:40:59,367 --> 00:41:00,634 aye were from commissioner. 773 00:41:01,533 --> 00:41:07,100 Mahan Gonzalez and Mr. Cuevas, commissioner Cuevas, and then Vos. 774 00:41:09,066 --> 00:41:11,266 Votes against the motion were from. 775 00:41:12,000 --> 00:41:14,367 Commissioner Arne and commissioner Malouf Craig. 776 00:41:16,333 --> 00:41:16,900 Thank you. 777 00:41:19,500 --> 00:41:20,100 So with that. 778 00:41:22,033 --> 00:41:25,066 Where we'll move on to the next item on the 779 00:41:25,066 --> 00:41:25,300 agenda. 780 00:41:27,300 --> 00:41:28,300 Which is 781 00:41:31,367 --> 00:41:35,266 general plan 4 47 56 dash 2025. 782 00:41:36,000 --> 00:41:38,433 Is a major plan amendment request by Britney Lee on 783 00:41:38,433 --> 00:41:41,834 behalf of T3, AZ, LLC. To change the land use 784 00:41:41,834 --> 00:41:43,867 designation from low density, residential. 785 00:41:44,767 --> 00:41:48,133 To high density, residential for approximately 0.7, two acres for 786 00:41:48,133 --> 00:41:50,634 the property located at 1 912. 787 00:41:51,433 --> 00:41:54,033 Two south Arizona avenue in Yuma staff command report, police. 788 00:41:55,066 --> 00:41:56,900 Good afternoon, Erica Peterson with community planning. 789 00:41:58,000 --> 00:42:01,000 As mentioned, this is a general plan amendment. This is 790 00:42:01,000 --> 00:42:04,033 the second public hearing for this major general general plan 791 00:42:04,033 --> 00:42:04,333 amendment. 792 00:42:05,133 --> 00:42:08,533 For approximately 0.7, two acres for the property located at 793 00:42:08,867 --> 00:42:10,433 1912 south Arizona avenue. 794 00:42:12,634 --> 00:42:16,166 The subject property is currently under development with 15 dwelling 795 00:42:16,166 --> 00:42:19,000 units and one commercial office. It is in the general 796 00:42:19,000 --> 00:42:21,867 commercial infill overly D zoning district. 797 00:42:22,867 --> 00:42:25,667 The applicant is proposing to change the land. Use designation 798 00:42:25,700 --> 00:42:28,734 from low density, residential to high density, residential. 799 00:42:31,367 --> 00:42:35,900 On January 8th, 2024, the planning and zoning commission approved a conditional 800 00:42:35,934 --> 00:42:36,300 use permit. 801 00:42:37,133 --> 00:42:41,100 To allow the de the development of 15 multi-family dwelling 802 00:42:41,100 --> 00:42:43,767 units in conjunction with an established business. 803 00:42:45,100 --> 00:42:48,834 Within the general commercial, which is the B2 zoning district 804 00:42:49,033 --> 00:42:51,333 since the approval of the C U P and with 805 00:42:51,333 --> 00:42:53,100 construction already underway. 806 00:42:53,900 --> 00:42:55,367 The applicant is requesting to convert. 807 00:42:56,367 --> 00:42:59,033 Convert the office into a residential dwelling unit. 808 00:43:00,100 --> 00:43:02,100 For a total of 16 dwelling units. 809 00:43:03,066 --> 00:43:05,433 This request is what prompts the need to amend the 810 00:43:05,433 --> 00:43:09,533 general plan as having only residential on a commercially zoned 811 00:43:09,834 --> 00:43:10,000 property. 812 00:43:11,133 --> 00:43:12,000 Not a permitted use. 813 00:43:15,066 --> 00:43:18,000 With this request, the maximum number of dwelling units allowed 814 00:43:18,000 --> 00:43:21,133 at the property would increase from one to 22 dwelling 815 00:43:21,133 --> 00:43:21,333 units. 816 00:43:22,300 --> 00:43:25,367 Under the high density of residential land use designations, the 817 00:43:25,667 --> 00:43:28,634 expected population would be between three and 40 people. 818 00:43:29,700 --> 00:43:32,767 Following the general plan amendment. It is the applicant's intent 819 00:43:32,767 --> 00:43:36,500 to rezone the property to high density, residential for the 820 00:43:36,500 --> 00:43:39,033 total development of 16 dwelling units. 821 00:43:40,834 --> 00:43:44,000 Property owners within 660 feet of the subject property were 822 00:43:44,000 --> 00:43:46,867 notified of the request. And a neighborhood meeting was held 823 00:43:46,900 --> 00:43:47,266 on site. 824 00:43:48,166 --> 00:43:50,033 One neighbor attended the neighborhood meeting. 825 00:43:51,066 --> 00:43:53,133 And four neighbors either called or emailed. 826 00:43:54,133 --> 00:43:56,734 Two neighbors were in opposition of the request and. 827 00:43:57,533 --> 00:43:59,667 The other three just wanted additional information. 828 00:44:00,767 --> 00:44:03,266 Comments from the public can be found in attachment a 829 00:44:03,634 --> 00:44:05,867 and comments from the neighborhood meeting can be found in 830 00:44:05,867 --> 00:44:06,634 attachment C. 831 00:44:07,533 --> 00:44:10,533 Staff recommends the planning and zoning commission approve the request 832 00:44:10,634 --> 00:44:14,000 to change the land. Use designation from low density, residential. 833 00:44:14,867 --> 00:44:19,100 Two high density, residential for approximately 0.7, two acres. 834 00:44:20,166 --> 00:44:23,533 This concludes my presentation and I'm available for question. 835 00:44:24,367 --> 00:44:27,533 Thank you. Thank you. Erkart commissioners. Any questions for staff? 836 00:44:30,500 --> 00:44:33,300 Okay, thank you with that. Is the applicant here. And 837 00:44:33,300 --> 00:44:36,033 can you please come up and state your name and 838 00:44:36,033 --> 00:44:37,266 address for the record, please? 839 00:44:38,667 --> 00:44:42,266 Good afternoon. My name's Brittany Lee at 1700 south first avenue. 840 00:44:43,233 --> 00:44:45,100 Commissioners, any questions for the applicant? 841 00:44:46,900 --> 00:44:47,266 Thank you. 842 00:44:48,000 --> 00:44:51,667 Thank you. Is anyone from the public like to speak? 843 00:44:52,567 --> 00:44:53,100 On this agenda item. 844 00:44:55,066 --> 00:44:57,867 Seeing none. I will bring it back to the commission 845 00:44:58,100 --> 00:45:00,066 for discussion or discussion that will lead to a motion. 846 00:45:01,133 --> 00:45:04,667 Mr. Vice chairman, commissioner Arnold. I moved to approve the 847 00:45:04,667 --> 00:45:07,834 request to change the land use designation for approximately. 848 00:45:08,567 --> 00:45:10,667 0.7, two acres. 849 00:45:11,433 --> 00:45:13,634 From low density, residential to high density, residential. 850 00:45:14,667 --> 00:45:16,000 I have a motion. Is there a second? 851 00:45:16,934 --> 00:45:20,734 Second with the, with the second I'll. 852 00:45:22,100 --> 00:45:23,066 Everybody in favor. 853 00:45:24,166 --> 00:45:26,567 Of approving the change in language designation. 854 00:45:27,433 --> 00:45:30,100 Signified by saying aye. Aye. Aye. Any opposed? 855 00:45:32,000 --> 00:45:33,100 Motion passes. 856 00:45:34,100 --> 00:45:35,000 Passes five to zero. 857 00:45:39,233 --> 00:45:42,634 With that we are moved to item E which. 858 00:45:43,433 --> 00:45:45,266 We don't have, we have no need for an executive 859 00:45:45,266 --> 00:45:49,000 session. So F is informational items. Are there any. 860 00:45:49,900 --> 00:45:52,133 Updates from staff seeing none. 861 00:45:53,533 --> 00:45:55,100 Any comments from the commission. 862 00:45:57,133 --> 00:45:57,667 With that. 863 00:45:58,467 --> 00:46:01,367 Then I'd like to adjourn this meeting at five 13. 864 00:46:02,300 --> 00:46:04,033 I'm sorry, chairman. There is one more item to allow 865 00:46:04,033 --> 00:46:04,734 public comment. 866 00:46:05,533 --> 00:46:06,066 Oh, I'm sorry. 867 00:46:07,934 --> 00:46:10,266 Is there anyone from the public who would like to 868 00:46:10,266 --> 00:46:10,533 speak. 869 00:46:14,700 --> 00:46:15,066 Okay. 870 00:46:15,834 --> 00:46:17,033 Now, seeing now seeing none. 871 00:46:18,166 --> 00:46:21,500 Like to adjourn the meeting at five 13.