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ORDINANCE NO. 4982 AN ORDINANCE OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE ZONING CODE AND MAP ATTACHED THERETO, BY REZONING A PARCEL FROM PLANNED AREA DEVELOPMENT (PAD) FOR SINGLE- FAMILY RESIDENTIAL TO PAD AMENDED FOR SINGLE-FAMILY RESIDENTIAL AS SHOWN IN CASE PLH20-0003 (ARBOR SQUARE) LOCATED ½ MILE EAST AND 1/5 MILE NORTH OF THE INTERSECTION OF WARNER AND ALMA SCHOOL 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 the 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 Planned Area Development (PAD) for single- family residential to PAD Amended for single-family residential, subject to the following conditions: 1. Development shall be in substantial conformance with the conceptual plans included in the Development Booklet entitled “Arbor Square” and kept on file in the City of Chandler Planning Division in File No. PLH20-0003, 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. Minimum setbacks shall be as follows: Front 20’ - Face of garage door to back of sidewalk Ordinance No. 4982 Page 2 10’ - Livable space to property line* Side 5’ Rear* Northern Lots 1-5: 20’ to Enclosed Living Area 12’ to Covered Patio Eastern Lots 6-10: 20’ to Enclosed Living Area 12’ to Covered Patio Interior Lots 11-16: 15’ to Enclosed Living Area 8’ to Covered Patio *Where unforeseen and non-self-imposed issues may arise as part of initial site development, the Planning Administrator may administratively allow for up to a two-foot reduction to the stipulated setback. 3. 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. 4. Right-of-way dedications to achieve full half-widths, including turn lanes and deceleration lanes, per the standards of the Chandler Transportation Plan. 5. 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. 6. The landscaping in all rights-of-way shall be maintained by the adjacent property owner or property owners’ association. 7. The covenants, conditions, and restrictions (CC&R’s) to be filed and recorded with the subdivision shall mandate the installation of front and rear yard landscaping within 180 days from the date of occupancy with the homeowners’ association responsible for monitoring and enforcement of this requirement, and shall require the following: a. Front yard landscaping shall include a minimum of two trees and shall be substantially as shown in “Exhibit N, Typical Front Yards,” as included in the Development Booklet. b. Perimeter lots 1-10 shall have a minimum of one tree planted in the rear yard. Said tree shall be a species that typically grows to at least 20 feet in height at Ordinance No. 4982 Page 3 maturity and that provides sufficient canopy coverage and foliage to provide partial screening to adjacent properties. 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. 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 Ordinance No. 4982 Page 4 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 4982 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. 4982 Page 5 EXHIBIT “A” Page 1 of 2 Ordinance No. 4982 Page 6 EXHIBIT “A” Page 2 of 2