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ORDINANCE NO. 4958 AN ORDINANCE OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE ZONING CODE AND MAP ATTACHED THERETO, BY REZONING A PARCEL FROM AGRICULTURAL (AG-1) TO PLANNED AREA DEVELOPMENT (PAD) FOR MULTI-FAMILY RESIDENTIAL IN CASE PLH19-0063 (ELUX AT MCQUEEN) LOCATED AT THE SOUTHEAST CORNER OF MCQUEEN ROAD AND SANTAN 202 FREEWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CHANDLER, ARIZONA; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR PENALTIES. WHEREAS, an application for rezoning certain property within the corporate limits of Chandler, Arizona, has been filed in accordance with Article XXVI of the Chandler Zoning Code; and WHEREAS, the application has been published in a local newspaper with general circulation in the City of Chandler, giving fifteen (15) days’ notice of time, place, and date of public hearing; and WHEREAS, a notice of such hearing was posted on the property at least seven (7) days prior to the public hearing; and WHEREAS, a public hearing was held by the Planning and Zoning Commission as required by the Zoning Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, as follows: Section 1. Legal Description of Property: EXHIBIT ‘A’ Said parcel is hereby rezoned from AG-1 to PAD for multi-family residential, subject to the following conditions: 1. Development shall be in substantial conformance with the Development Booklet, entitled “Elux at McQueen” and kept on file in the City of Chandler Planning Division, in File No. PLH19-0063, modified by such conditions included at the time the Booklet was approved by the Chandler City Council and/or as thereafter amended, modified or supplemented by the Chandler City Council. 2. The multi-family apartment manager shall display, in a conspicuous place within the rental office, a map illustrating the location of the development Elux at McQueen in the context of the Chandler Airpark Area Plan. The map shall identify the Airport Impact Overlay District, the noise contours and Ordinance No. 4958 Page 2 of 6 over flight patterns as depicted in Exhibit 6A in the FAR Part 150 Noise Compatibility Study document as adopted by Chandler City Council (Resolution No. 2590, 11-5-98), and the noise contours as identified in the Chandler Airpark Area Plan. Such map or aerial photo shall be a minimum size of 24” x 36”. Compliance with this condition shall be demonstrated by the property owner or multifamily apartment manager submitting to the Zoning Administrator of a signed affidavit and photograph that acknowledges such map is on display prior to beginning any rental activity. 3. Prior to execution of any lease, prospective apartment tenants shall be given written disclosure in their lease and in a separately signed disclosure statement acknowledging that this apartment community is located proximate to the Chandler Municipal Airport that includes a heliport, aircraft engine testing facility, and an aircraft storage facility, that an avigational easement exists on the property, the property lies within the Chandler Municipal Airport Impact Overlay District, and that the property is subject to aircraft noise and over flight activity. The requirement for such disclosure shall be confirmed in an avigation notice covenant that runs with the land and is recorded with the Maricopa County Recorder prior to issuance of the first building permit for this development. 4. The developer shall provide the city with an avigational easement over the subject property in accordance with Section 3004 of the City of Chandler Zoning Code. 5. Prior to building permit issuance for any structures the developer shall provide a DETERMINATION OF NO HAZARD TO AVIATION approval as issued by the FAA after filing an FAA Form 7460, Notice of Proposed Construction or Alteration. 6. The Final Plat shall contain the following statement on the cover sheet in a prominent location and in large text: “This property is located within the Chandler Municipal Airport Impact Overlay District and is subject to aircraft noise and frequent over flight activity, and is encumbered by an avigational easement to the City of Chandler.” 7. All leases at Elux at McQueen shall provide that all questions, concerns, or complaints any tenant may have about the Chandler Municipal Airport or the operation of aircraft landing at, taking off from, or operating at or on Chandler Municipal Airport shall be directed solely to the manager of Elux at McQueen development and not to the Chandler Municipal Airport, the City of Chandler, the FAA, any aircraft owner, or any pilot. All leases shall also provide that it shall be within the sole and absolute discretion of the manager of Elux at McQueen (and not the tenant) to determine (after the manager’s due consideration of all airport related acknowledgments and disclosures that are required by the Zoning Stipulations and consideration of all information Ordinance No. 4958 Page 3 of 6 known to Elux at McQueen’s Manager) whether or not, when, and how to communicate any tenants question, concern, or complain to the manager of the Chandler Municipal Airport. 8. All apartment buildings shall be designed and built to achieve an interior noise level not to exceed 45 decibels (Ldn) from aircraft noise. A professional acoustical consultant, architect or engineer shall certify that the project’s construction plans are in conformance with this condition. 9. In the event the multi-family residential is platted to allow unit ownership, prior to the time of making any lot reservations or subsequent sales agreements, the subdivider/homebuilder/developer shall provide a written disclosure statement, for the signature of each buyer, acknowledging that this subdivision lies within the Chandler Municipal Airport Impact Overlay District, as specified in the Chandler Zoning Code. The disclosure statement shall acknowledge the proximity of this subdivision to the Chandler Airport and that an avigational easement exists and/or is required on the property, and further, shall acknowledge that the property is subject to aircraft noise and overflight activity and other externalities. This document signed by the homebuyer shall be recorded with Maricopa County Recorder’s Office upon sale of the property. The “Public Subdivision Report”, “Purchase Contracts”, CC&R’s, and the individual lot/unit property deeds shall include a disclosure statement outlining that the site is adjacent to or nearby an existing municipal airport, and the disclosure shall state that such uses are legal and should be expected to continue indefinitely. This responsibility for notice rests with the subdivider/homebuilder/developer and shall not be construed as an absolute guarantee by the City of Chandler for receiving such notice. 10. Multi-family dwelling units shall be permitted up to a maximum density of 12.6 dwelling units per acre. 11. The developer shall be responsible for the design and installation of a traffic signal at the intersection of McQueen Road and Armstrong Way during the initial phase of construction. 12. Completion of the construction of all required off-site street improvements including but not limited to paving, landscaping, curb, gutter and sidewalks, median improvements and street lighting to achieve conformance with City codes, standard details, and design manuals. 13. The developer shall be required to install landscaping in the arterial street median(s) adjoining this project. In the event that the landscaping already exists within such median(s) the developer shall be required to upgrade such landscaping to meet current City Standards. Ordinance No. 4958 Page 4 of 6 14. Right-of-way dedications to achieve full half-widths, including turn lanes and deceleration lanes, per the standards of the Chandler Transportation Plan. 15. Minimum setbacks shall be as provided below and further detailed in the development booklet: Property Line Location Minimum Building Setback McQueen Road 50’ North Property Line 10’ East Property Line 10’ South Property Line 35’ Section 2. The Planning Division of the City of Chandler is hereby directed to enter such changes and amendments as may be necessary upon the Zoning Map of said Zoning Code in compliance with this Ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance, or any parts hereof, are hereby repealed. Section 4. In any case, where any building, structure, or land is used in violation of this Ordinance, the Planning Division of the City of Chandler may institute an injunction or any other appropriate action in proceeding to prevent the use of such building, structure, or land. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then this entire ordinance is invalid and shall have no force or effect. Section 6. A violation of this Ordinance shall be a Class 1 misdemeanor subject to the enforcement and penalty provisions set forth in Section 1-8.3 of the Chandler City Code. Each day a violation continues, or the failure to perform any act or duty required by this Ordinance or the Zoning Code, shall constitute a separate offense. Ordinance No. 4958 Page 5 of 6 INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler, Arizona, this ____ day of ______________, 2021. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this _____ day of _______________, 2021. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 4958 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the ____ day of _____________, 2021, and that a quorum was present thereat. __________________________ CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Published: Ordinance No. 4958 Page 6 of 6 EXHIBIT ‘A’