South­gate Mall wants to build new restau­rant at site

Owner ask­ing City Coun­cil for change to devel­op­ment agree­ment


South­gate Mall has not seen new devel­op­ment in a few years, but the prop­erty owner now wants to bring in a new drive-thru restau­rant to the com­mer­cial cen­ter. The pro­posed “fast ca­sual” restau­rant is Chipo­tle Mex­i­can Grill, a chain spe­cial­iz­ing in tacos and bur­ri­tos.

A res­o­lu­tion on Wed­nes­day will ask the Yuma City Coun­cil to au­tho­rize City Ad­min­is­tra­tor Greg Wilkin­son to ex­e­cute an ad­den­dum to the cur­rent devel­op­ment agree­ment with South­gate Mall LLC.

South­gate owner Korn­wasser Shop­ping Cen­ter Prop­er­ties wants to change the agree­ment so it will al­low the drive-thru restau­rant to be built with re­tail space without hav­ing to sub­mit a full sub­di­vi­sion plat as re­quired in the 2013 agree­ment.

Dur­ing the Tues­day work ses­sion, City At­tor­ney Richard Files clar­i­fied that this refers to a com­mer­cial sub­di­vi­sion, not a res­i­den­tial sub­di­vi­sion. He ex­plained: “One of the re­quire­ments un­der the devel­op­ment agree­ment this item would amend is that if at any­time they start to build on a sep­a­rate lot, they had to do a com­plete sub­di­vi­sion of the en­tire prop­erty.”

In­stead of sub­mit­ting a full sub­di­vi­sion plat, the de­vel­oper wants to do a lot­tie/lot-split for a por­tion of its prop­erty ac­quired from the city as part of the ex­change. The city ex­changed prop­erty at the cor­ner of Catalina Drive and 4th Av­enue, in front of the old Paul Bensel Jewel­ers lo­ca­tion, in 2015. Wilkin­son said that as part of the ex­change the de­vel­oper agreed to redo part of the en­try, which had been con­sid­ered dan­ger­ous.

The pro­posed ad­den­dum would al­low an ad­min­is­tra­tive lot-tie/lot-split for the restau­rant and re­tail space in­stead of a sub­di­vi­sion plat. It would also ap­prove a drive-thru without re­quir­ing an ad­min­is­tra­tive con­di­tional use per­mit along with ap­pro­pri­ate screen­ing of au­to­mo­bile head­lights from traf­fic, suf­fi­cient stack­ing of cars in the drive-thru, and screened trash en­clo­sure.

It al­lows a small vari­ance from the 15-foot set­back re­quire­ment which be­came nec­es­sary af­ter tele­phone

lines were dis­cov­ered to be run­ning through a part of the pre­vi­ously pro­posed build­ing ex­te­rior.

The ad­den­dum re­quires South­gate to ded­i­cate tele­phone ease­ments for the tele­phone con­duit bank, a fire line, and nec­es­sary wa­ter and sewer ease­ments and al­low the re­lo­ca­tion of one of the mon­u­ment signs.

It changes the aes­thetic re­quire­ment to “a uni­fy­ing ar­chi­tec­tural theme, color and ma­te­ri­als ap­proved by the De­sign and His­toric Re­view Com­mit­tee” and ex­tends the agree­ment to a max­i­mum of 10 years.

Chuck Fin­nila, pres­i­dent of the Yuma Ter­ri­to­rial Live Steam­ers, an 1/8 scale rail­road club, and John Schwartz, vice pres­i­dent, pre­sented the coun­cil with an up­date on the cur­rent and fu­ture ac­tiv­i­ties of the club. The group also in­vited the coun­cil mem­bers to a rib­bon-cut­ting cer­e­mony of its lat­est ad­di­tions to the track at River­side Park at 2 p.m. Satur­day. The park is lo­cated at Prison Hill Road and Giss Park­way, close to the Colorado River.

In other dis­cus­sion, Deputy Mayor Gary Knight ques­tioned whether the job or­der con­tracts on the con­sent agenda were only for Cap­i­tal Im­prove­ment Pro­gram projects. How­ever, be­fore dis­cus­sion, Ni­cholls and Miller de­clared con­flicts of in­ter­est and left the cham­bers.

City En­gi­neer Jeff Kramer said the job or­der con­tracts are pri­mar­ily re­lated to the CIP but not ex­clu­sively. The con­tracts would cover any con­struc­tion­re­lated work. For ex­am­ple, he added, If the park­ing lot of a fa­cil­ity needs to be re­fin­ished and the money is in the bud­get, the city could still do it.

The agenda item calls for award­ing the con­tracts for trans­porta­tion fa­cil­i­ties, path­ways and pave­ment to sev­eral con­trac­tors, in­clud­ing

Cac­tus As­phalt of Tolle­son; Ce­mex Ma­te­ri­als South of Yuma; DPE Con­struc­tion of Yuma; Sun­land As­phalt of Phoenix; and SWP Con­tract­ing and Paving of Yuma.

The coun­cil will hold the reg­u­lar meet­ing at 5:30 p.m. Wed­nes­day. To view the whole agenda and staff re­ports, go to www.yu­maaz. gov.

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