2. ORD Rezoning of Property: Northeast Corner of 40th Street and S. Avenue 5 1/4 E
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ORDINANCE NO. O2026-014 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/ AIRPORT OVERLAY (AG/AD) DISTRICT TO THE SUBURBAN RANCH/ AIRPORT OVERLAY (SR-1/AD) DISTRICT AND LOW DENSITY RESIDENTIAL/AIRPORT OVERLAY (R-1-12/AD) 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 March 9, 2026 in Zoning Case No: ZONE-44874-2026 in the manner prescribed by law for the purpose of rezoning a parcel of real property hereafter described to the Suburban Ranch/Airport Overlay (AG/AD) District, and Low Density Residential/Airport Overlay (R-1-12/AD) 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 February 14, 2026; and, WHEREAS, the City Council has considered the recommendation of the Planning and Zoning Commission to approve the rezoning in Case No: ZONE-44874-2026 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: Parcel A: That portion of the Southwest Quarter of Section 8, Township 9 South, Range 22 West of the Gila and Salt River Base and Meridian, City of Yuma, Yuma County, Arizona and being more particularly described as follows: The West Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of said Section 8. Except the City of Yuma Right of Way according to the Tillman Lot-Tie/Split, Bk. 20, Pg. 56 Fee# 2004-32255, Dated: 9-3-2004. shall be placed in the Low Density Residential/Airport Overlay (R-1-12/AD) 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 Low Density Residential/Airport Overlay (R-1-12/AD) 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 Low Density Residential/Airport Overlay (R-1-12/AD) District, and Parcel B: That portion of the Southwest Quarter of Section 8, Township 9 South, Range 22 West of the Gila and Salt River Base and Meridian, City of Yuma, Yuma County, Arizona and being more particularly described as follows: The West Half of the East Half of the Southwest Quarter of said Section 8. Except the South 660’± feet thereof, and Except the City of Yuma Right of Way according to the Tillman Lot-Tie/Split, Bk. 20, Pg. 56 Fee# 2004-32255, Dated: 9-3-2004. shall be placed in the Suburban Ranch/Airport Overlay (SR-1/AD) 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 Suburban Ranch/Airport Overlay (SR-1/AD) 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 Suburban Ranch/Airport Overlay (SR-1/AD) District. 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. • Owner acknowledges the following conditions to be completed in accordance with the approved Determination of Compatibility • Avigation Easement • Noise Mitigation Standards • Disclosure Requirements • Parcel Restrictions 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 Acting 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