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STRATEGIC OUTCOMES |
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ACTION |
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Department: |
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Safe & Prosperous |
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Motion |
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Community Development |
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Active & Appealing |
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Resolution |
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Respected & Responsible |
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Ordinance - Introduction |
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Division: |
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Connected & Engaged |
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Ordinance - Adoption |
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Community Planning |
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Unique & Creative |
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Public Hearing |
TITLE:
title
Rezoning of Property: Northeast Corner of County 13th Street/48th Street and Avenue 5½E
end
SUMMARY RECOMMENDATION:
Summary Recommendation
City Staff recommends rezoning approximately 15.38 acres located at the northeast corner of County 13th Street/48th Street and Avenue 5½E, Yuma, AZ, from the Agriculture (AG) District to the Low Density Residential (R-1-12) District and the Low Density Residential (R-1-8) District, as conditioned and approved by the Planning and Zoning Commission. (Community Development/Community Planning) (Alyssa Linville)
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STRATEGIC OUTCOME:
This rezoning supports the City Council’s strategic outcomes of Safe and Prosperous and Respected and Responsible by providing opportunities for residential development that accommodate the community’s growing housing needs and promote responsible land use planning.
REPORT:
The subject properties are located at the northeast corner of County 13th Street/48th Street and Avenue 5½E.
The applicant is seeking to rezone the properties from the Agriculture (AG) District to the Low Density Residential (R-1-12) District and the Low Density Residential (R-1-8) District with the intent to develop the final phase of the Driftwood Ranch residential subdivision. The applicant’s conceptual site plan identifies 35 residential lots. Primary access will be provided from Bennie Avenue and additional emergency access will be provided through an emergency access easement connected to 48th Street. The R-1-12 and R-1-8 boundaries in this rezone request follow an agreed-upon development pattern found in a Pre-annexation Development Agreement adopted by City Council in 2017 (Resolution R2017-035, Fee No. 2018 01671). The rezone request is compatible with the Pre-annexation Development Agreement and the General Plan.
On September 28, 2026, the Planning and Zoning Commission voted to recommend APPROVAL (4-0) of the request to rezone approximately 15.38 acres from the Agriculture (AG) District to the Low Density Residential (R-1-12) District and the Low Density Residential (R-1-8) District for the properties located at the northeast corner of County 13th Street/48th Street and Avenue 5½E, subject to the following conditions:
1. The conditions listed below are in addition to City codes, rules, fees and regulations that are applicable to this action.
2. The Owner’s signature on the application for this land use action shall constitute a waiver of any claims for diminution in value pursuant to A.R.S. § 12-1134.
3. The Owner/Developer shall dedicate 50-foot halfwidth right-of-way along City 48th Street/County 13th Street as a minor arterial street.
4. The Owner/Developer shall dedicate a 1-foot non-access easement along the Avenue 5½E frontage and 48th Street frontage except over the emergency access location.
5. The Owner/Developer shall dedicate a corner triangle with 40-foot legs at the northeast corner of 48th Street and Avenue 5½E.
6. All aspects of development shall be in accordance with the approved Pre-annexation Development Agreement, Resolution R2017-035 (Fee No. 2018-01671).
7. Each of the conditions listed above shall be completed within five (5) years of the effective date of the rezoning ordinance or prior to the issuance of a Building Permit, Certificate of Occupancy or City of Yuma Business License for this site, whichever occurs first. If the conditions of approval are not completed within the above timeframe then the rezone shall be subject to ARS § 9-462.01.
EXCERPT FROM PLANNING AND ZONING COMISSION MEETING MINUTES:
Meredith Rojas, Senior Planner summarized the staff report and recommended APPROVAL.
QUESTIONS FOR STAFF
Vice Chairman John Mahon asked for clarification on whether the non-access points along 38th Street were addressed during the rezoning process to allow access from 48th Street. Rojas replied yes and stated that, due to concerns from neighboring residents at the time, the applicant intended to limit access near the homes and direct traffic through Driftwood Ranch.
Jennifer Albers, Assistant Director of Planning stated that during the General Plan and previous rezoning process neighbors to the east had concerns about traffic from the development which resulted in limited access from the east side.
APPLICANT
Adrian Vega, 1560 S. 5th Avenue, Yuma, AZ stated that they were in the process of finalizing the last phase of the development and that they were in agreement with the Conditions of Approval, then made himself available for questions.
PUBLIC COMMENT
None
Motion by Vice Chairman John Mahon second by Commissioner Luis Cuevas to APPROVE ZONE-45577-2026 as presented. Motion carried unanimously, (4-0) with one absent and two vacancies.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 0.00 |
BUDGETED: |
$ 0.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING ACCOUNT/FUND #/CIP: |
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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?
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Department |
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X |
City Clerk’s Office |
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Document to be recorded |
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Document to be codified |
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Acting City Administrator: |
Date: |
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John D. Simonton |
10/27/2026 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
10/26/2026 |