City council approves request to rezone land from ag to low density

Neighbors oppose plans for subdivision near Ave. 6E, 44th St.

Property for a proposed subdivision that has been opposed by neighbors received rezoning approval by the Yuma City Council, changing the property from agriculture to low-density residential.

The proposed Driftwood Subdivision consists of 228 single-family lots and an elementary school. The developer, Avenue 6E Land LLC/Hall’s General Contractors, donated land valued at $2 million for the future Dorothy Hall Elementary. Yuma School District 1 hopes construction is done in time for the fall 2019 school year.

During the June 6 meeting, the council OK’d a request to rezone 90 acres located on the southwest corner of South Avenue 6E and East 44th Street. The property is surrounded by large county residential lots to the south and west, the low-density residential Ocotillo Subdivision to the east, and a Yuma County Public Works op-

eration to the north.

The property owner has been trying to develop the land for years. In 2005, the property owner petitioned to have the properties annexed for development. During the council meeting for the annexation request, neighbors expressed opposition. They feared a new residential subdivision would result in the widening of Avenue 5½ East, causing neighbors to lose property, and that development would increase traffic.

They also believed the proposed development would disturb the rural lifestyle already established and potentially decrease property values. They also noted that removing agriculture lands would also remove a much-needed buffer.

Partly convinced by the neighbors’ concerns, the council tabled the annexation indefinitely. Almost immediately thereafter, the housing market took a downward turn.

In late 2013, the housing market began to recover. In 2014, the developer submitted a general plan amendment requesting a change in the land use designation from rural density residential to low-density residential.

At the time of this request, the property was still located within the jurisdiction of Yuma County. The land use amendment proposed to increase the potential housing count from 45 residences to 441 residences.

During this process, staff received a number of comments from neighbors concerned with the potential increase in density.

The council approved the developer’s request for a change in land use from rural density to low density.

Following the approval of the General Plan amendment, the city and the developer began negotiating a pre-annexation development agreement outlining the requirements for development following annexation. The agreement was finalized this past January.

The agreement calls for an increase in lot sizes and rear/side yard setbacks of 50 feet for some of the lots, increasing the buffer with neighbors. The initial design included access through Avenue 5½ East, but it was removed from the plans and a nine-foot wall along the road was added instead.

The developer then revived the petition to annex the property into the city. A public hearing was held in February, with several neighbors again voicing concern about potential impacts, including density and population increase, negative effects to the current rural “way of life” for neighbors, increase in traffic along South Avenue 5½ East and a decrease in property values of the surrounding properties developed as rural ranchettes.

A number of neighbors attended a March 1 neighborhood meeting and a majority of the concerns focused on the potential for increased traffic and the anticipated number of residences to be built.

Nevertheless, the annexation request was adopted on April 4.

On April 23, the Planning and Zoning Commission voted to recommend approval of the request to rezone.

John Weil, attorney for Hall’s General Contractor, noted that the developer made considerable efforts to address neighbors’ concerns.

In other action, the council also approved a preannexation development agreement with Eliceo Aguilar for property located at 909 S. Dora Ave. The owner intends to construct a single-family home on the property and requested water and sewer service from the city.

However, a staff report notes, the property does not meet minimum size requirements under state law for annexation. Accordingly, as annexation of the property is not possible at the current time, a preannexation development agreement will be kept on file for when a larger annexation can be brought forward.