1. P&Z RPT: Rezoning of Property 831 S. 2nd Avenue
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STAFF REPORT TO THE PLANNING AND ZONING COMMISSION DEPARTMENT OF COMMUNITY DEVELOPMENT COMMUNITY PLANNING DIVISION CASE TYPE – REZONE CASE PLANNER: MEREDITH ROJAS Hearing Date: January 12, 2026 Case Number: ZONE-44734-2025 Project Description/ This is a request by Javier Marquez to rezone approximately 0.16 acres Location: from the Limited Commercial/Bed & Breakfast Overlay/Infill Overlay (B- 1/BB/IO) District to the Medium Density Residential/Bed & Breakfast Overlay/Infill Overlay (R-2/BB/IO) District for the property located at 831 S. 2nd Avenue, Yuma, AZ. Existing Zoning Use(s) on- General Plan site Designation Limited Commercial/Bed & Breakfast Overlay/Infill Single-Family Mixed Use Site Overlay (B-1/BB/IO) District Residence General Commercial/Public Overlay/Bed & Breakfast Roxaboxen Mixed Use North Overlay/Infill Overlay (B-2/P/BB/IO) District Park Limited Commercial/Bed & Breakfast Overlay/Infill Single-Family Mixed Use South Overlay (B-1/BB/IO) District Residence and Day Care Low Density Residential/Bed & Breakfast Overlay/Infill Single-Family Mixed Use East Overlay (R-1-6/BB/IO) District Residence General Commercial/Bed & Breakfast Overlay/Infill Single-Family Mixed Use West Overlay (B-2/BB/IO) District Residence Location Map ZONE-44734-2025 January 12, 2026 Page 1 of 12 Prior site actions: Subdivision Speese Addition, Recorded January 20, 1925; Annexation, Ordinance 449, effective May 29, 1946; PDM-44647-2025 held November 18, 2025 Staff Recommendation: Staff recommends APPROVAL of the rezoning from the Limited Commercial/Bed & Breakfast Overlay/Infill Overlay (B-1/BB/IO) District to the Medium Density Residential/Bed & Breakfast Overlay/Infill Overlay (R-2/BB/IO) District, subject to the conditions shown in Attachment A. Suggested Motion: Move to APPROVE Rezone ZONE-44734-2025 as presented, subject to the staff report, information provided during this hearing, and the conditions in Attachment A. Effect of the Approval: By approving the rezone, the Planning and Zoning Commission is recommending approval to City Council for the request to rezone approximately 0.16 acres from the Limited Commercial/Bed & Breakfast Overlay/Infill Overlay (B-1/BB/IO) District to the Medium Density Residential/Bed & Breakfast Overlay/Infill Overlay (R-2/BB/IO) District for the property located at 831 S. 2nd Avenue, subject to the conditions outlined in Attachment A, and affirmatively finds that the request is in conformance with the City of Yuma General Plan. Staff Analysis: The subject property is located at 831 S. 2nd Avenue and is approximately 7,000 square feet. There is currently a single-family dwelling on the property that was built in 1972 and is approximately 845 square feet. With this request, the applicant is seeking to rezone the property from the Limited Commercial (B-1) District to the Medium Density Residential (R-2) District with the intent to add a second dwelling unit on the property. Permitted uses in the R-2 District include single-family dwellings, accessory dwellings units, and two-family dwellings. The R-2 District also permits multi-family dwellings, but the property’s Mixed Use land use designation limits the number of dwelling units to 10 per acre. Therefore, a maximum of two dwelling units are permitted on the subject property. The request to rezone the property from the Limited Commercial/Bed & Breakfast Overlay/Infill Overlay (B-1/BB/IO) District to the Medium Density Residential/Bed & Breakfast Overlay/Infill Overlay (R-2/BB/IO) District conforms with the General Plan. 1. Does the proposed zoning district conform to the Land Use Element? Yes Land Use Element: Land Use Designation: Mixed Use Issues: None Historic District: Brinley Avenue Century Heights Main Street None X Historic Buildings on Site: Yes No X 2. Are there any dedications or property easements identified by the Transportation Element? No FACILITY PLANS Transportation Master Plan Planned Existing Gateway Scenic Hazard Truck ZONE-44734-2025 January 12, 2026 Page 2 of 12 2nd Avenue – Local 29 FT HW 40 FT HW 8th Street – 2-Lane Collector 40 FT HW 33 FT HW X X Bicycle Facilities Master Plan Orange Avenue – Existing bike lane; 8th Street – Proposed bike lane YCAT Transit System 4th Avenue at 8th Street – Yellow Route 95 Issues: None 3. Does the proposed rezoning of the property conform to the remaining elements of the general plan? Yes Parks, Recreation and Open Space Element: Parks and Recreation Facility Plan Neighborhood Park: Existing: Marcus Park Future: Marcus Park Community Park: Existing: Carver Park Complex Future: Carver Park Complex Linear Park: Existing: Colorado River Levee Linear Park Future: Colorado River Levee Linear Park Issues: None Housing Element: Special Need Household: N/A Issues: None Redevelopment Element: Planned Redevelopment Area: 1st Avenue Study Area Adopted Redevelopment Plan: North End: Carver Park: None: X Conforms: Yes No N/A Conservation, Energy & Environmental Element: Impact on Air or Water Resources Yes No X Renewable Energy Source Yes No X Issues: None Public Services Element: Population Impacts Dwellings & Type Projected Police Water Wastewater Population projection per 2023 5-year American Community Survey Single Family Population Impact Consumption Generation Police Impact Standard: 1 officer for every 530 citizens; Maximum Per Unit Officers GPD AF GPD 2020 Conservation Plan 2 2.8 6 0.01 1,159 1.3 392 Water demand: 207 gallons/day/person; Wastewater generation: Minimum 70 gallons per day per person 1 2.8 3 0.01 580 0.6 196 Fire Facilities Plan: Existing: Fire Station 1 Future: Fire Station 1 Water Facility Plan: Source: City X Private Connection: 12’’ AC on 2nd Avenue Sewer Facility Plan: Treatment: City X Septic Private Connection: 8’’ VCP in alley Issues: None Safety Element: Flood Plain Designation: 500-Year Flood Liquefaction Hazard Area: Yes No X Issues: None Growth Area Element: Growth Araby Rd & Interstate 8 Arizona Ave & 16th St Avenue B & 32nd St. Area: North End X Pacific Ave & 8th St Estancia None Issues: None 4. Does the proposed rezoning conform to the adopted facilities plan? ZONE-44734-2025 January 12, 2026 Page 3 of 12 Yes 5. Does the proposed rezoning conform to Council’s prior approval of rezonings, development agreements or subdivisions for this site? Yes Public Comments Received: None External Agency Comments: Attachment D Neighborhood Meeting Comments: Attachment E Proposed conditions delivered to applicant on: 12/15/25 Final staff report delivered to applicant on: 01/05/26 X Applicant agreed with all of the conditions of approval on: 12/18/25 Applicant did not agree with the following conditions of approval: Planner contacted applicant and is awaiting response. Attachments A B C D E F G H Neighborhood Neighbor Conditions Conceptual Agency Agency Neighbor Aerial Meeting Notification of Approval Site Plan Notifications Comments Postcard Photo Comments List Prepared By: Date: 12/17/25 Meredith Rojas Meredith Rojas Associate Planner (928) 373-5000x3047 Meredith.Rojas@YumaAZ.gov Reviewed By: Jennifer L. Albers Date: 12/17/25 Jennifer L. Albers Assistant Director of Planning Approved By: Alyssa Linville Date: 12/31/25 Alyssa Linville Director, Community Development ZONE-44734-2025 January 12, 2026 Page 4 of 12 ATTACHMENT A CONDITIONS OF APPROVAL The following conditions have been found to have a reasonable nexus and are roughly proportionate to the impact of the proposed rezone for the site: Department of Planning and Neighborhood Services Comments: Alyssa Linville, Director (928) 373-5000, x 3037: 1. The conditions listed below are in addition to City codes, rules, fees and regulations that are applicable to this action. 2. 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. Community Planning, Meredith Rojas, Associate Planner, (928) 373-5000 x3047 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. Any questions or comments regarding the Conditions of Approval as stated above should be directed to the staff member who provided the comment. Name and phone numbers are provided. ZONE-44734-2025 January 12, 2026 Page 5 of 12 ATTACHMENT B CONCEPTUAL SITE PLAN ZONE-44734-2025 January 12, 2026 Page 6 of 12 ATTACHMENT C AGENCY NOTIFICATIONS o Legal Ad Published: The Sun 12/19/25 o Neighborhood Meeting: 12/03/25 o 300’ Vicinity Mailing: 11/24/25 o Hearing Date: 01/12/25 o 34 Commenting/Reviewing Agencies noticed: 11/20/25 o Comments due: 12/08/25 o Site Posted on: 12/26/25 External List (Comments) Response Date “No Written Comments Received Received Comment” Comments Attached Yuma County Airport Authority YES 11/21/25 X Yuma County Engineering NR Yuma County Public Works NR Yuma County Water Users’ Assoc. YES 11/21/25 X Yuma County Planning & Zoning NR Yuma County Assessor NR Arizona Public Service NR Charter Cable NR Southwest Gas NR CenturyLink Communications NR Quechan Tribe NR Bureau of Reclamation (USBR) NR Bureau Land Management (BLM) NR YUHS District #70 NR Yuma Elem. School District #1 NR Crane School District #13 NR A.D.O.T. NR Yuma Irrigation District NR Yuma Mesa Irrigation (YMIDD) NR Unit B Irrigation District NR Arizona Game and Fish NR United States Postal Service NR Yuma Metropolitan Planning Org. NR Yuma Proving Ground NR El Paso Natural Gas Co. NR Western Area Power (WAPA) YES 11/21/25 X City of Yuma Internal List Response Date “No Written Comments (Conditions) Received Received Conditions” Conditions Attached Police NR Parks & Recreation NR Development Engineer YES 12/11/25 X Fire YES 11/24/25 X Building Safety NR City Engineer NR Traffic Engineer NR MCAS / C P & L Office NR Utilities NR Public Works NR Streets NR ZONE-44734-2025 January 12, 2026 Page 7 of 12 ATTACHMENT D AGENCY COMMENTS DATE: 12/11/25 NAME: Andrew McGarvie TITLE: Development Engineering Manager AGENCY: City of Yuma PHONE: 928-373-5000 ext. 3044 Enter comments below: If parking is provided in the rear from the alley, then owner/Developer shall design and pave the alley across the property frontage, then to the closest street per City of Yuma standard 3-030, due to particulate matter 10 microns or less (PM-10) concerns. Since this is an infill area, road millings can be used in lieu of pavement. There are elevation changes within the alley, which could make the paving harder, thus the City of Yuma Engineering will work with the applicant to the best of our ability to make the design and construction affordable. ZONE-44734-2025 January 12, 2026 Page 8 of 12 ATTACHMENT E NEIGHBORHOOD MEETING COMMENTS Date Held: 12/03/25 Location: On Site Attendees: Staff: Meredith Rojas; Applicants: Javier Marquez, Lourdes Marquez, Javier Marquez Jr. SUMMARY OF ATTENDEE(S’) COMMENTS RELATED TO THE PROJECT: • No neighbors in attendance. ZONE-44734-2025 January 12, 2026 Page 9 of 12 ATTACHMENT F NEIGHBOR NOTIFICATION LIST Property Owner Mailing Address City/State/Zip Code ABITONG ALFONSO & PO BOX 5236 SAN LUIS, AZ 85349 ADULT LITERACY PLUS OF SW AZ INC 825 S ORANGE AVE YUMA, AZ 85364 AMADOR OMAR GAMEZ 825 S 1ST AVE YUMA, AZ 85364 SOUTH GATE, CA ANGELES OLGA 10109 SAN ANTONIO AVE APT B 90280 AVILA MARIA D PO BOX 2396 SAN LUIS, AZ 85349 BIG BOY ICE CREAM AZ LLC 1620 W GRANT ST PHOENIX, AZ 85007 BOCIO BRIAN 4184 S AVE 5 1/2 E YUMA, AZ 85365 BOCIO BRIAN RICHARD 820 S 2ND AVE YUMA, AZ 85364 BOCIO JOEL 2914 W 24TH PL YUMA, AZ 85364 CARRILLO FERMIN & ELVIA JT 812 S 1ST AVE YUMA, AZ 85364 EL PAISA AUTO MECHANIC LLC 229 W 8TH STREET YUMA, AZ 85364 EVERETT FAMILY TRUST 11-25-2019 837 S 3RD AVE YUMA, AZ 85364 FIERRO JUAN F & GABRIELA JT 814 S 1ST AVE YUMA, AZ 85364 GAONA ANTONIO D & MARIA JT 871 S 2ND AVE YUMA, AZ 85364 LAS VEGAS, NV GOOD BIRD ON 2ND LLC 3225 MCLEOD DR STE 777 89121 HERRERA VICENTE & GLORIA Y JT 839 S 1ST AVE YUMA, AZ 85364 HORN JOHN PATRICK & MARGARET VISTA, CA 92085 ALICE AB LIVING TRUST 7-16-2004 PO BOX 214 LAREDO MARINA VAZQUEZ 786 S 2ND AVE YUMA, AZ 85364 MARQUEZ JAVIER M & LOURDES JT 831 S 2ND AVE YUMA, AZ 85364 PRESCOTT, AZ MIER ROSA LINDA RUIZ 1860 SHERWOOD DR 86303 MOLINA EVELIA GONZALEZ 835 S 2ND AVE YUMA, AZ 85364 MOZQUEDA JOSE H 853 S 2ND AVE YUMA, AZ 85364 OLEA JT TRUST 2465 S 29TH DR YUMA, AZ 85364 PALMA GUSTAVO & CELINDA JT 850 S 1ST AVE YUMA, AZ 85364 PATINO ABRAHAM & 842 S 2ND AVE YUMA, AZ 85364 RENDON RUTH 813 S 1ST AVE YUMA, AZ 85364 RUSH TIMOTHY 792 S 2ND AVENUE YUMA, AZ 85364 SANCHEZ GUILLERMO 843 S 3RD AVE YUMA, AZ 85364 SANTINI AMADOR & PETRA 1075 E 4050 S OGDEN, UT 84403 APPLE VALLEY, CA SMITH DONALD & TERESA JT 21817 OCOTILLO WAY 92308 SW LTN AM DIST CHURCH OF TUCSON, AZ 85746 NAZARENE 1780 W MTN OAK LN VALENZUELA MARIA & LEANDRO 833 S 2ND AVE YUMA, AZ 85364 WILLIAMS DALE 844 S 1ST AVE YUMA, AZ 85364 YANCEY CAMERON 2929 W 14TH ST YUMA, AZ 85364 YUMA CITY OF ONE CITY PLAZA YUMA, AZ 85364 YUMA SCIENCE OF MIND CENTER INC 781 S 2ND AVE YUMA, AZ 85364 ZONE-44734-2025 January 12, 2026 Page 10 of 12 ATTACHMENT G NEIGHBOR MAILING ZONE-44734-2025 January 12, 2026 Page 11 of 12 ATTACHMENT H AERIAL PHOTO Subject Property ZONE-44734-2025 January 12, 2026 Page 12 of 12