March 22, 2021 Regular Meeting Minutes

City of Chandler — Regular Meeting (2021-04-08)

View PDF Meeting page

Extracted text (via pymupdf) 21400 characters
CITY OF CHANDLER COUNCIL MEETING MINUTES 
Regular Meeting 
Monday, March 22, 2021 
 
MINUTES OF THE REGULAR MEETING OF THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY 
OF CHANDLER, ARIZONA, held in the City of Chandler Council Chambers, 88 E. Chicago St., Chandler, 
Arizona, on Monday, March 22, 2021. 
 
THE MEETING WAS CALLED TO ORDER BY MAYOR KEVIN HARTKE AT 6:02 P.M. 
 
The following members answered roll call:  
 
 
 
 
 
 
Kevin Hartke  
 
Mayor 
 
 
 
 
 
 
*Mark Stewart  
Vice Mayor 
René Lopez 
 
 
Councilmember 
OD Harris 
 
 
Councilmember 
 
 
 
 
 
 
Christine Ellis  
 
Councilmember 
 
 
 
 
 
 
Terry Roe 
 
 
Councilmember 
Matt Orlando  
 
Councilmember    
 
*Vice Mayor Stewart attended the meeting telephonically.  
 
Also in attendance: 
 
 
 
Joshua Wright  
 
Acting City Manager  
 
 
 
 
 
 
 
Debra Stapleton 
 
Assistant City Manager 
Kelly Schwab  
 
City Attorney 
 
 
 
 
 
 
Dana DeLong  
 
City Clerk 
 
INVOCATION:  The invocation was given by Pastor Sean Eddy, Chandler Bible Church. 
 
PLEDGE OF ALLEGIANCE: Councilmember Orlando led the Pledge of Allegiance. 
 
CONSENT AGENDA – DISCUSSION 
 
MAYOR HARTKE talked about Consent Agenda Item No. 2 and said a significant amount of money was set 
aside from the AZCares Act to assist small businesses and this program was renewed in January for a second 
round. Mayor Hartke said this item is to continue to help the businesses and thanked staff for their work on 
this item to get money back into the community.  
 
COUNCILMEMBER LOPEZ said it was a great program to get dollars into the community and help the 
businesses.  
 
CONSENT AGENDA – MOTION AND VOTE

CHANDLER CITY COUNCIL REGULAR MEETING MINUTES 
Monday, March 22, 2021 
 
 
Page 2 of 8 
 
COUNCILMEMBER LOPEZ MOVED TO APPROVE THE CONSENT AGENDA OF THE MARCH 22, 2021, CITY 
COUNCIL MEETING; SECONDED BY COUNCILMEMBER ROE.  
 
MOTION TO APPROVE THE CONSENT AGENDA CARRIED UNANIMOUSLY (7-0). 
 
CONSENT AGENDA ITEMS  
 
1. 
February 2021 Council Minutes   
Move to approve the Council meeting minutes of the Study Session of February 22, 2021, the Special 
Meeting of February 25, 2021, and the Regular Meeting of February 25, 2021. 
 
2. 
Resolution No. 5455 Authorizing the Allocation of AZCares Grant Funds in the Amount of $250,000 to 
the Economic Development Division to Assist Chandler Businesses Impacted by COVID-19  
Move City Council pass and adopt Resolution No. 5455 authorizing the allocation of $250,000 from 
Grant Fund, Non-Departmental Cost Center, AZCares Reserve Account, AZCares program 
(217.1290.5926.3AZ000), to the Grant Fund, Economic Development Cost Center, Professional Services 
Account, Business Hiring/Retention Program (217.1520.5219.3.3AZ002), to assist Chandler businesses 
impacted by COVID-19. 
 
BACKGROUND FROM COUNCIL MEMO: 
On July 16, 2020, City Council authorized the allocation of $9,500,000 of AZCares funds to assist 
Chandler businesses impacted by COVID-19 through a new program called the “I Choose Chandler 
Business Hiring and Retention Program.” Distribution of the funds was intended to provide a direct 
benefit to the citizens of Chandler by supporting Chandler businesses that are keeping workers on 
payroll as they adjust to revenue losses and business disruptions caused by COVID-19. Qualifying 
businesses could apply to receive relief funding based on employee retention, employee hiring, and use 
of independent contractors. Individual funding awards ranged from $1,300 to $10,000.  
 
The "I Choose Chandler Business Hiring and Retention Program" launched on August 17, 2020. Between 
the launch date and the 2020 application period end date of November 2, 2020, 544 Chandler 
businesses were awarded a total of $3,996,350 in funding. Following this, City Council authorized the 
relaunch of the program in 2021 to provide additional support to the business community. Between 
January 7, 2021, and February 25, 2021, 728 Chandler businesses were awarded a total of $5,328,600 in 
funding.  
 
To date, $9,324,950 in program funds has been awarded to Chandler businesses and another $171,390 
will be paid to the Arizona Community Foundation for program administration services. More than 99 
percent of the $9,500,000 authorized for the program has been exhausted, with approximately $3,660 
remaining. The Economic Development Division requests an additional $250,000 be allocated to the “I 
Choose Chandler Business Hiring and Retention Program.” The funds would support 37 businesses that 
submitted a complete application prior to the February 25, 2021, application deadline, but could not be 
approved for funding due to lack of available funds. The program will terminate after the relief funding 
is distributed. Any unused funds will be returned to the General Fund. 
 
FINANCIAL IMPLICATIONS: 
AZCares Grant Funds of $250,000 would be transferred from the Grant Fund, Non-Departmental Cost 
Center, AZCares Reserve Account, AZCares program (217.1290.5926.3AZ000), to the Grant Fund,

CHANDLER CITY COUNCIL REGULAR MEETING MINUTES 
Monday, March 22, 2021 
 
 
Page 3 of 8 
 
Economic Development Cost Center, Professional Services Account, Business Hiring/Retention Program 
(217.1520.5219.3.3AZ002), to assist businesses impacted by COVID-19. 
 
3. 
Final Adoption of Ordinance No. 4958 PLH19-0063 Elux at McQueen  
Rezoning 
Move City Council adopt Ordinance No. 4958 approving PLH19-0063, Elux at McQueen, Rezoning from 
AG-1 to PAD for multi-family residential located at the southeast corner of McQueen Road and the 
Loop 202 Santan Freeway, subject to the conditions as recommended by the Planning and Zoning 
Commission. 
 
BACKGROUND FROM COUNCIL MEMO: 
Approximately 12.87 net acres, Subject site zoned AG-1 and undeveloped, General Plan designates the 
site as Neighborhoods and within a Growth Area, Chandler Airpark Area Plan (CAAP) designates the site 
as High-Density Residential (HDR) 12.1-18 units per acre (du/ac) The project consists of 162 units 
totaling 12.59 du/ac, During the February 25, 2021, City Council meeting, three additional Preliminary 
Development Plan stipulations were added to further enhance the development (see attached Council 
action) 
Ordinance introduced and tentatively adopted on February 25, 2021. 
 
Surrounding Land Use Data: 
North 
Loop 202 Santan Freeway, then single-
family residential 
South 
Single-family residential (6.7 du/ac) 
East 
Multi-family (17.94 du/ac) 
West 
McQueen Road, then vacant 
agricultural 
 
General Plan and Area Plan Designations: 
 
 
Existing 
Proposed 
General Plan 
Neighborhoods & Growth Area 
No Change 
Chandler Airpark Area Plan 
High Density Residential (HDR) 12.1-18 du/ac 
No Change 
 
Proposed Development 
Proposed Land Use 
Multi-family dwelling units 
162 Units 
12.59 dwelling units per acre (du/ac) 
Building Design 
Height 
17’ 6”  single-story buildings 
27’ 6”  two-story buildings; max 30 feet 
As measured to top of highest point of roof 
Roof Design and 
Material 
Gable roofs and flat parapets 
Concrete roof tiles 
Façade Materials 
Modern architectural style 
Stucco 
Tile cladding 
Building Accents 
Four different sizes of tempered glazed windows 
Metal trim/fascia   
Tile cladding

CHANDLER CITY COUNCIL REGULAR MEETING MINUTES 
Monday, March 22, 2021 
 
 
Page 4 of 8 
 
Canopy at front-door and rear patios 
Building Access 
Direct ground-floor walk-up access to each unit 
Site Design & Open 
Space 
Detached and attached single-family-like rental units 
108  1-story units 
 54 2-story units 
Private gated yards for each unit, 192-248 sq. ft. typ. 
Pool, ramadas, pickle ball court, indoor community gym, dog park, and 1-
story club house 
2.88 acres of shared open space 
Full signalized access along McQueen Road with secondary access from 
Senate Street to the east; the development will be gated 
Parking 
300 parking spaces required 
327 parking spaces provided including private garages, covered and 
uncovered spaces, and guest parking 
 
Review and Recommendation 
Planning staff finds the proposal is consistent with the General Plan and more specifically consistent 
with the 1998 Chandler Airpark Area Plan (CAAP) designation of High-Density Residential. Densities up 
to 18 dwelling units per acre can be considered for properties adjacent to arterial streets, freeways, 
and/or employment corridors. The subject site abuts the Loop 202 Santan freeway and existing multi-
family to the east. The proposed single unit detached and attached units offer a transition between low-
medium density single-family residential to the south and the freeway to the north while aligning with 
the vision of the CAAP. Although the proposal is for multi-family residential, its design and function are 
similar to single-family residential. Staff finds the proposal to be consistent with the goals of the 
General Plan and the CAAP and recommends approval subject to conditions. 
 
Economic Analysis  
An economic and fiscal impact analysis was conducted based on project details provided by the 
applicant and staff assumptions. The analysis determined the project will generate a positive net fiscal 
impact for the City. Net income to the City resulting from the project is estimated at approximately 
$843,336 over 10 years. This total includes revenues from property taxes, building permit and plan 
review fees, transaction privilege tax on construction, real property rental tax, state shared revenues, 
and local spending by residents.  
 
Traffic Analysis 
The applicant for the proposed development has worked with City staff regarding access to the site via 
McQueen Road. As surrounding properties developed to the east and south, traffic circulation was 
considered. Senate Street, a public street, was constructed during the development of the Horizon 
subdivision to the south, allowing full access to the southeast corner of the subject site. The applicant 
provided a Traffic Impact Analysis (TIA) to the City’s Transportation Engineer detailing traffic patterns of 
the proposed residential. The counts returning to the site via the recommended route (Senate Street) 
raised concerns about residents making unprotected u-turns at Germann Road or the entry to the 
Horizon subdivision to access what was previously planned to be a right-in/right-out only access on 
McQueen Road.  The solution for this development and the larger area, including future office uses 
west of McQueen Road, is signalizing Armstrong Way at McQueen Road.  As such, a traffic signal 
allowing full movement on McQueen Road is proposed and supported by staff in order to reduce traffic

CHANDLER CITY COUNCIL REGULAR MEETING MINUTES 
Monday, March 22, 2021 
 
 
Page 5 of 8 
 
on Senate Street and to facilitate traffic circulation for future industrial properties on the west side of 
McQueen Road.  The TIA has been reviewed and accepted by the City’s Transportation Engineer. 
  
The proposal exceeds the parking requirements of the City Zoning Code by providing twenty-seven 
additional spaces. Further, the site layout does not include any tandem parking spaces. Tandem parking 
spaces may cause a heavier demand to be placed on guest parking spaces by the residents. Avoiding 
the use of tandem parking spaces further ensures that the number of provided spaces will adequately 
accommodate the proposed units. 
 
Public / Neighborhood Notification 
This request was noticed in accordance with the requirements of the Chandler Land Use and Zoning 
Code. To comply with CDC social distancing guidelines, the applicant hosted a digital neighborhood 
meeting via Zoom on September 30, 2020. Five (5) households attended the virtual meeting and had 
general questions about the proposal and buffer between the multi-family and the existing subdivision 
to the south. No opposition was expressed. Planning staff has received one phone call from a Horizon 
resident, whose home fronts Senate Street, with traffic concerns from the proposed development. Staff 
stated Senate Street was built for access to the subject site and a majority of proposed traffic from the 
new development will use the McQueen Road entry.  As of writing this memo, Planning staff has not 
received any opposition regarding the request. 
 
Airport Commission Conflict Evaluation 
Airport Commission meeting November 18, 2020. 
Motion to find conflict with existing or planned airport operations. 
In Favor: 5 Opposed: 0 Absent: 2 (Siegel, Kruse)   
 
The Airport Commission reviewed the request in accordance with the Airport Conflicts Evaluation 
Process. The Airport Planning Administrator has issued a conflicts evaluation report indicating that the  
Airport Commission determined that the proposed development does constitute a conflict with existing 
or planned airport operations. A copy of the Airport Planning Administrator's report detailing the 
Airport Commission’s findings is attached to this memo. The Airport Commission's recommended 
mitigation measures to address the operational conflict are included as stipulations of the rezoning. 
  
Planning and Zoning Commission Vote Report 
Planning and Zoning Commission meeting January 6, 2020. 
Motion to Approve. 
In Favor: 6 Opposed: 0 Absent: 1 (Heumann) 
 
Recommended Conditions of Approval 
Rezoning 
Planning and Zoning Commission recommends the City Council approve rezoning from AG-1 to PAD 
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

CHANDLER CITY COUNCIL REGULAR MEETING MINUTES 
Monday, March 22, 2021 
 
 
Page 6 of 8 
 
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 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

CHANDLER CITY COUNCIL REGULAR MEETING MINUTES 
Monday, March 22, 2021 
 
 
Page 7 of 8 
 
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. 
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’ 
 
INFORMATIONAL 
1. 
Study Session and Regular Meeting Minutes of January 20, 2021, Planning and Zoning Commission 
Meeting  
 
2. 
Study Session and Regular Meeting Minutes of February 17, 2021, Planning and Zoning Commission 
Meeting  
 
ADJOURNMENT:  The meeting was adjourned at 6:07 p.m. 
 
ATTEST:  __________________________ 
 
______________________________ 
                  
City Clerk                                                   Mayor 
 
 
Approval Date of Minutes:  April 8, 2021 
 
 
CERTIFICATION

CHANDLER CITY COUNCIL REGULAR MEETING MINUTES 
Monday, March 22, 2021 
 
 
Page 8 of 8 
 
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting 
of the City Council of Chandler, Arizona, held on the 22nd day of March, 2021.  I further certify that the meeting 
was duly called and held and that a quorum was present. 
 
 
DATED this _______ day of April, 2021. 
 
 
 
 
 
 
 
 
___________________________ 
                                                        
 
 
 
City Clerk