4. ORD Rezoning of Property: Southeast Corner of Araby Road and the 26th Street Alignment

ORDINANCE NO. O2026-025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUMA,  ARIZONA, AMENDING CHAPTER 154 OF THE YUMA CITY CODE, REZONING CERTAIN PROPERTY LOCATED IN THE AGRICULTURE (AG) DISTRICT TO THE GENERAL COMMERCIAL/AESTHETIC OVERLAY (B-2/AO) DISTRICT, AND AMENDING THE ZONING MAP TO CONFORM WITH THE REZONING	

WHEREAS, the City of Yuma Planning and Zoning Commission held a public hearing on July 27, 2026 in Zoning Case No: ZONE-45328-2026 in the manner prescribed by law for the purpose of rezoning a parcel of real property hereafter described to the General Commercial/Aesthetic Overlay (B-2/AO) District as provided in Chapter 154 of the Yuma City Code; and,

WHEREAS, due and proper notice of the public hearing was given in the time, form, substance, and manner provided by law, including publication of notice of the hearing in the Yuma Sun on June 26, 2026; and,		

WHEREAS, the City Council has considered the comments and recommendation of the Planning and Zoning Commission for the rezoning in Case No: ZONE-45328-2026 and the probable impact on the cost to construct housing for sale or rent that may occur as a result of this rezoning, and finds that the recommendation complies with and conforms to the goals and objectives of the Yuma General Plan, as amended.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Yuma as follows:

SECTION 1: The following described real property, depicted in Exhibit A, attached:

That portion of the Southwest quarter of the Northeast quarter of Section 4, Township 9 South, Range 22 West of the Gila and Salt River Base and Meridian, Yuma County, Arizona, lying North and East of the Northerly and Easterly right-of-way line of Interstate 8 as described in Docket 574, page 52 and in Docket 634, page 686, records of Yuma County, Arizona;

EXCEPT the West 75 feet thereof lying within Araby Road.

Containing 24 acres, more or less.

shall be placed in the General Commercial/Aesthetic Overlay (B-2/AO) District, as defined by Chapter 154 of the Yuma City Code as amended; that upon this Ordinance becoming final, the described real property shall be subject to all rules, regulations and requirements of Chapter 154 of the Yuma City Code, as amended, pertaining to the General Commercial/Aesthetic Overlay (B-2/AO) District, and that the zoning map adopted under Chapter 154 of the Yuma City Code is ordered to be changed and amended so as to show that the real property described in this Ordinance will be located within the General Commercial/Aesthetic Overlay (B-2/AO).

SECTION 2: The following conditions must be met and/or completed in order for the zoning amendment to be final:

	•	The conditions listed below are in addition to City codes, rules, fees and regulations that are applicable to this action. 

	•	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. 

	•	Any development on the property shall exclude any truck stop diesel dispensers and commercial truck parking.

	•	The Owner/Developer shall coordinate with the City of Yuma and Western Area Power Authority (WAPA) to provide appropriate, required landscaping in the 26th Street median.

	•	The Owner/Developer will need to design and construct the needed traffic signal per City of Yuma standards at the intersection of Araby Road and 26th Street.

	•	The Owner/Developer will need to obtain right-of-way/access from the north property owner along the 26th Street frontage, including corner triangle with 40-foot legs. The City of Yuma can facilitate this conversation and deeds as needed.

	•	The Owner/Developer shall apply for and pay the license fees from Western Area Power Authority (WAPA) in the Name of the City of Yuma for 26th Street road on top of the WAPA easement across the entire property frontage.

	•	The Owner/Developer shall design and construct 26th Street along their property frontage as the property is developed, per City of Yuma construction standards with the exception of the split 26th Street as required by the existing infrastructure outside of City of Yuma control. Street construction will include sidewalks, storm water retention, and streetlights. The sidewalk on the north side of 26th Street can be omitted from this construction requirement.

	•	The Owner/Developer shall obtain an encroachment permit from Arizona Department of Transportation (ADOT) for any entrances/exits in the ADOT right-of-way. A copy of the encroachment permit will need to be provided to the City of Yuma.

	•	The Owner/Developer shall complete a Traffic Study, with the study area and stipulations directed by the City Traffic Engineer.

	•	The Owner/Developer shall design and construct any listed improvements required by the Traffic Study. The City will reserve the right to eliminate any improvements that they deem not required if justified in the traffic study. Documentation as to why those improvements are not required by the City will be required for documentation purposes.

	•	The Owner/Developer shall dedicate the south half 26th Street right-of-way along the property frontage and corner triangle with 40-foot legs at the Southeast corner of Araby Road and 26th Street.

	•	The Owner/Developer shall extend a 10-inch PVC water line and valving along the 26th Street property frontage from the existing 16-inch main (12-inch AC stub) in Araby Road, per City of Yuma construction standards and utility regulations.

	•	The Owner/Developer shall extend a 15-inch sanitary sewer line and polymer replacement/new manholes along the 26th Street property frontage from the existing manhole in Araby Road, per City of Yuma construction standards and utility regulations.

SECTION 3: Each of the conditions listed above shall be completed within two (2) 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.

Adopted this __________ day of ____________________, 2026.

		APPROVED:

							_________________________
							Douglas J. Nicholls
					Mayor
			
ATTESTED:

_________________________
Janet L. Pierson
City Clerk

APPROVED AS TO FORM:	
						
_________________________
Richard W. Files
City Attorney











Applicable exhibits on file at the Office of the City Clerk, One City Plaza, Yuma, AZ.

Exhibit A