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PLH19-0063
APPLICANT:
Burch & Cracchiolo
1850 N. Central Avenue, Suite 1700
PHOENIX, AZ 85
ATT: Brennan Ray
CASE: PLH19-0063/PLT19-0055 ELUX AT MCQUEEN
MEETING DATE: THURSDAY FEBRUARY 25, 2021
INTRODUCTIONOF ORDINANCE NO. 4958
REZONING 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.
NOTICE OF
COUNCIL ACTION
CITY OF CHANDLER,
ARIZONA
APPROVAL
REZONING
AG-1 to PAD for Multi-family Residential
DENIAL
AREA PLAN
WITHDRAWAL
VARIANCE
CONTINUED
USE PERMIT
PRELIMINARY
PRELIMINARY
DEVELOPMENT PLAN
PLAT
Approval for site layout & building architecture
PLH19-0063
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 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 known to Elux at McQueen’s
PLH19-0063
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.
14. Right-of-way dedications to achieve full half-widths, including turn lanes and
deceleration lanes, per the standards of the Chandler Transportation Plan.
PLH19-0063
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’
APPROVAL OF THE PRELIMINARY DEVELOPMENT PLAN 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 Chandler City Council.
2. Landscaping plans (including for open spaces, retention, rights-of-way, and street
medians) shall be approved by the Planning Administrator.
3. All mechanical equipment, including HVAC, utility meters, etc. shall be screened
from view by material(s) that are architecturally integrated and consistent with the
proposed buildings.
4. Signage shall substantially be as shown within the submitted Development Booklet
and shall follow all applicable criteria of the City of Chandler Sign Code.
5. Preliminary Development Plan approval does not constitute Final Development Plan
approval; compliance with the details required by all applicable codes and
conditions of the City of Chandler and this Preliminary Development Plan shall
apply.
6. The site shall be maintained in a clean and orderly manner.
7. The landscaping in all open-spaces shall be maintained by the property owner or
property owners' association, and shall be maintained at a level consistent with or
better than at the time of planting.
8. The landscaping in all rights-of-way shall be maintained by the adjacent property
owner or property owners' association.
9. Roadway-style signs shall be installed at multiple locations as depicted in the
development booklet that identify the presence of low flying aircraft.
PLH19-0063
10. The developer shall coordinate with staff to provide a tot lot.
11. The developer shall coordinate with staff to provide an appropriate number of
electric charging stations.
12. The developer shall coordinate with staff to provide color diversity throughout the
development by incorporating an additional color.
APPROVAL OF THE PRELIMINARY PLAT SUBJECT TO THE FOLLOWING CONDITION:
1. Approval by the City Engineer and Planning Administrator with regard to the details of
all submittals required by code or condition.