March 22, 2021 Regular Meeting Minutes
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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
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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
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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
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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
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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
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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
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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
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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