County P&Z Commission nixes Martinez Lake resident request
Board cites concerns with density, setting precedent
A Martinez Lake resident got a thumbs down from the Yuma County Planning and Zoning Commission on a request to split a 1.46-acre parcel into two lots with the intention of building another house.
The commissioners cited concerns with setting a precedent that would lead to a drastic increase in the density of the area as well as opposition from neighbors.
County staff presented two requests from the applicant together during the Aug. 25 meeting. In the first case, Adrian Vega, agent for Judy M. Knowlton, requested a change in the land use designation for the property located 12266 N. Eagle Road. She would like to change a 0.46acre portion of a parcel 1.46 acres in size from Rural Density Residential to Suburban Density Residential.
She would also like to rezone the remaining portion of the parcel from Low Density Residential-40,000 square feet minimum to Low Density Residential-15,000 square feet minimum.
The county received two letters of opposition from residents living within the notification area and 10 letters in opposition from property owners from the north shore in the Martinez Lake area.
Staff recommended that the commission deny the requests because it would be inconsistent with existing zoning and land use development patterns for the area. Also, the amendment is not an overall improvement to the plan and is solely for the good or benefit of this particular owner, said
Javier Barraza, a county senior planner.
A staff report noted the proposed land use designation would increase the density in an area with limited emergency services, road improvements, and water and sewer infrastructure. Changing the land use designation of the subject property would create an isolated area with a different designation, the report added. It also noted the property soils limit septic tank absorption fields because of slow permeability.
In addition, staff expressed concern that the requested changes could trigger similar requests in this area, resulting in a “negative impact to the character of the area by increasing the residential density, creating additional vehicular traffic, and increasing the demand for water and sewage disposal services.”
The area has 51 properties, with 39 properties potentially able to request rezoning to accommodate a split of two or more new parcels. Further splits could potentially create 90 new parcels for a total of 129 new parcels in the area.
According to the site plan provided by the applicant, the proposed second parcel would not have sufficient acreage to accommodate a sewage disposal system and water supply, Barraza said.
Vega told commissioners the property owner intends to keep her house, that’s where she lives, and build another house on the proposed new parcel. This would only increase the density by one more house and would not greatly impact the neighborhood, he said.
Kevin Dahl of Dahl Robins and Associates reiterated that one house is not going to make a big difference and appealed to the commissioners’ common sense. “The sky is not falling. It’s one home in a neighborhood of six,” Dahl said.
He also noted that Knowlton initially received positive feedback from staff so she went forward, and now the rug is being pulled out from under her. “I don’t think that’s fair at all,” Dahl said.
Planning Director Maggie Castro countered that staff looks at the entire area, which includes 51 properties, and those properties could result in about 129 new parcels in the area.
As for “positive feedback” at the initial meeting, Castro noted staff does not provide a recommendation and only tells applicants what they need to submit.
Commissioners Ron Rice and Danny Bryant questioned whether the existing septic system is capable of handling another house. Vega said the new house would have a new system.
The discussion turned to the water supply, with Commissioner John McKinley pointing out it’s not legal to use water from the lake.
“We’re not taking a million gallons, we just have a little pump that supplies us our water, and we buy our drinking water,” Knowlton said.
With Chairman Matias Rosales questioning whether Knowlton has permission to take water from the lake, Knowlton replied she’s not the only person that does that. “It’s the way the house was when we bought it in 2008, and we never had an issue with it. We had no reason to do anything else. No one has ever come to us and said you can’t do that. We just left it the way it was.” She clarified that the new house will have its own new well.
Commissioner Gary
Black brought the conversation back to the issue of density, noting that it matters if a precedent is set. “It’s very difficult for me. I would love to say yes, but when people are saying no in a small area like that, that’s my answer,” Black said.
Bryant suggested the decision be continued to another time when those involved could make their case in person.
Both requests were denied with a 6-2 note, with Bryant and Rosales voting in support of the applicant’s requests. Commissioner Scott Mulhern recused himself, citing a conflict.
Afterwards Black agreed that perhaps the requests could be revisited either before the supervisors or in a neighborhood meeting. He stressed the commission is only making a recommendation.
Bryant noted that the applicant and neighbors deserved to be heard in person and asked when the commission would meet in person again.
Castro explained that county facilities still can’t accommodate the number of commissioners, staff and public and still comply with social distancing requirements with an in-person meeting.