2. ORD Rezoning of Property: Lume Desert Living

ORDINANCE NO. O2026-016

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 RESIDENCE MANUFACTURED HOUSING (R-MH-20) DISTRICT TO THE MEDIUM DENSITY RESIDENTIAL (R-2) 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 April 27, 2026 in Zoning Case No: ZONE- 45033-2026 in the manner prescribed by law for the purpose of rezoning approximately .43 acres of real property hereafter described to the Medium Density Residential (R-2) 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 April 3, 2026; and,		

WHEREAS, the City Council has considered the recommendation of the Planning and Zoning Commission to approve the rezoning in Case No: ZONE- 45033-2026 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: That the following described real property, depicted in Exhibit A, attached:
			
The West Half of the East Half of the Northwest Ǫuarter of the Southeast Ǫuarter of the Northwest Ǫuarter of Section 5, Township 9 South, Range 23 West of the Gila and Salt River Base and Meridian, Yuma County, Arizona;
Except the South 20’ feet therof for road Right of Way as conveyed in instrument recorded in Docket 877, Page 121, Yuma County, Arizona.
Containing at total of 18,600 square feet or .43 of an acre more or less.

shall be placed in the Medium Density (R-2) 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 Medium Density (R-2) District and that the zoning map adopted under Chapter 154 of the Yuma City Code, as amended, is ordered to be changed and amended so as to show that the real property described in this Ordinance will be located within the Medium Density (R-2) District. 

SECTION 2: That the following conditions (s) 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. 
	•	
	•	27th Street is classified as a Local Road per the City of Yuma Roadways Plan. The existing right-of-way half width is 20 feet; therefore, the owner/developer shall dedicate an additional 9 feet of right-of-way to meet the required 29-foot right-of-way half width. 

SECTION 3: With the exception of Condition 2, 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 or business license for this site, whichever occurs first.  If the conditions of approval are not completed within the above time frame, then the rezone shall be subject to A.R.S. § 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