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ORDINANCE NO. 4980 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 OFFICE, MANUFACTURING, AND ANCILLARY COMMERCIAL LAND USES, WITH A MID-RISE OVERLAY AS SHOWN IN CASE PLH20-0059 (PRICE & QUEEN CREEK CAMPUS) LOCATED AT NORTHEAST CORNER OF PRICE AND QUEEN CREEK ROADS 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 property is hereby rezoned from Agricultural (AG-1) to Planned Area Development (PAD) for office, manufacturing, and ancillary commercial land uses, with a mid-rise overlay, subject to the following conditions: 1. Primary land uses shall be limited to knowledge-intensive uses including but not limited to: a. Manufacturing, research and development, and/or office for high technology, biomedical, biotechnology, bioscience, pharmaceuticals, nanotechnology, telecommunications, aerospace, renewable and/or cogeneration energy, and other industries involved in emerging technologies except no use shall be Ordinance No. 4980 Page 2 of 6 permitted which is likely to be detrimental to the health and safety of the surrounding area or the general community; b. Higher education facilities such as universities and professional institutes of learning; c. Assembly of finished products or subassemblies, so long as the primary use of the property is technology related and not basic processing and compounding of raw materials or food products; d. Supporting advanced business services or office uses such as financial services, information technology, software design, professional design or engineering firms, accounting, or human resources; and e. Other uses determined by the Zoning Administrator to be similar to the aforementioned knowledge-intensive uses. 2. Notwithstanding any provision of the Development Booklet or of any other conditions of the Rezoning, no data center use of any type, unless ancillary and secondary to a primary use, shall be a use permitted for the property that is the subject of this Rezoning. 3. Call centers, warehousing, storage, distribution, and other similar land uses that do not employ a workforce composed of a substantial number of predominantly highly skilled workers engaging in knowledge-intensive employment shall not be permitted as a primary use on the subject site. 4. Commercial land uses including retail, restaurant, and personal services shall be permitted as an ancillary land use and shall not occupy more than a total of 12,000 square feet on the 37-acre site. 5. The stand-alone commercial building shall not be constructed first. 6. Development shall be in substantial conformance with the conceptual plans included in the Development Booklet, entitled, “Price & Queen Creek Campus” and kept on file in the City of Chandler Planning Division, in File No. PLH20- 0059, 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. 7. Building heights shall not exceed 150 (one hundred and fifty) feet in height as measured to the top of parapet of the building façade. Ordinance No. 4980 Page 3 of 6 8. Building heights shall not be less than 45 (forty-five) feet, except for the proposed parking structures and “Incidental Service Retail Pad,” which shall not be required to adhere to this minimum building height. 9. 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. 10. Right-of-way dedications to achieve full half-widths, including turn lanes and deceleration lanes, per the standards of the Chandler Transportation Plan. 11. The landscaping and all other improvements 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. 12. The landscaping in all rights-of-way shall be maintained by the adjacent property owner or property owners’ association. 13. As part of the Administrative Design Review process, where staff determines that the proposed site improvements do not achieve a high-quality campus design commensurate with existing similar developments within the Price Road Corridor the request may be reverted to Council for approval of a revised Preliminary Development Plan. 14. As part of the Administrative Design Review process, where staff determines that the proposed building design does not achieve a high-quality architectural design commensurate with existing similar developments within the Price Road Corridor the request may be reverted to Council for approval of a revised Preliminary Development Plan. 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. Ordinance No. 4980 Page 4 of 6 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, including the failure to perform any act or duty required by this Ordinance or the Zoning Code, shall constitute a separate offense. 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. 4980 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. 4980 Page 5 of 6 EXHIBIT “A” Page 1 of 2 Ordinance No. 4980 Page 6 of 6 EXHIBIT “A” Page 2 of 2