Citizens seek repeal of rezoning approval
Ave. B neighbors file referendum petition
Neighbors opposed to potential development on Avenue B filed a referendum petition on a rezoning case approved by the Yuma City Council.
They filed the petition earlier this week with City Clerk Lynda Bushong calling for a referendum, calling for the repeal of Ordinance O2018-008, a rezoning of property at 1451 S. Avenue B from the agriculture zoning district to the highdensity residential district.
The council unanimously approved the ordinance on Feb. 21. The new rezoning complies with the city’s General Plan, which calls for high-density residential development in that area.
Arizona law gives the Bushong 20 business days to review the signatures and determine whether or not there are a sufficient number of signatures that correspond to eligible city voters.
From there, petitions are forwarded to the Yuma County Recorder Robyn Stallworth Pouquette, who has a 15-day review period.
Once the county’s review is complete and returned to the city, Bushong has 72 hours to determine the total number of valid signatures and then must report those findings to the council.
At that time, should the petition have the required number of signatures, the council would have 50 days to either repeal the ordinance or submit the issue to voters, either at the next general election or a special election called for this purpose.
Barry Olsen, who represents Ghiotto Family Properties, has said that the property owner does not currently have plans to develop the property but hopes the new zoning attracts an apartment complex developer. The two parcels are about 625 feet north of the northeast corner of 16th Street and Avenue B.
Neighbors have also protested another rezoning request for adjacent property on Avenue B. Olsen, on behalf of South Avenue B LLC, calling for a General Plan amendment that would change the land use designation from Medium Density Residential to High Density Residential for 5.9 acres located at 1421 S. Avenue B.
The owner of this property also wants to market the property to an apartment complex developer. The property is located between Burger King and the vacant El Pappagallo Mexican Res-
taurant. A tire shop is currently on the site.
Olsen said the two property owners are not connected.
The Yuma Planning and Zoning Commission unanimously voted to recommend rejection of a rezoning request for the property at 1421 S. Avenue B, following strong neighborhood opposition and a letter from the city administrator outlining concerns with having side-by-side high-density projects in that area.
When the first case went before the commission, Commissioner Tyrone Jones said he was a firm believer in people’s property rights and although he didn’t believe this area was the best place for apartments, he would approve the rezoning request for 1451 S. Avenue B because it’s “what’s right by the letter,” even if it wasn’t his personal preference.
The commission approved the rezoning request with a 4-0 vote.
However, when the case for the 1421 S. Avenue B property came before the commission, Jones said that if he could, he would go back and vote against the first request.
“I didn’t know what was coming down the road,” Jones said, noting that there were “too many challenges not yet clearly defined” and that the neighborhood opposition went beyond the “not in my backyard” mentality. He said his decision had nothing to do with property rights.
Steve Shadle, who lives in the area, has repeatedly spoken against the proposed zoning changes to the Avenue B properties. Many of his concerns center on traffic congestion and the impact of more high-density housing on schools, sewer and public safety.
Aubrey Trebilcock, the city’s associate planner, said that the two adjacent properties could potentially have 192 units with an average of 2.9 people each. But Trebilcock noted that all the requirements would make it hard to reach the maximum density without a tiered parking structure or multiple levels. He projected the potential for such a project might be 86 units and 251 people.
The council received more than 20 emails from concerned neighbors. Susan Bostic told the council she strongly opposed the rezoning because she believes it would severely affect traffic on Avenue B and 8th, 12th and 16th streets. She noted that the 16th Street and Avenue B intersection is “already a nightmare during the winter months.” She said it would be “extreme” to rezone the property from agriculture to high density.
Jeanne Gale compared the potential density and traffic volume to “trying to fit 10 pounds of flour into a 5-pound bag. However, Olsen said that the traffic impact would be more “like pouring a cup of water in a swimming pool.”