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ORDINANCE NO. 5053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE ZONING CODE AND MAP ATTACHED THERETO, BY CREATING A HISTORIC PRESERVATION DISTRICT LANDMARK ZONING OVERLAY ON A PARCEL ZONED AS AGRICULTURAL DISTRICT (AG-1) IN CASE PLH23-0028 (MCCULLOUGH- PRICE HOUSE) LOCATED AT THE SOUTHWEST CORNER OF WEST FRYE ROAD AND SOUTH CHANDLER VILLIAGE DRIVE 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 designating a Historic Preservation District Landmark zoning overlay on a 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, the City Council has considered the probable impact of this ordinance on the cost to construct housing for sale or rent; and WHEREAS, a public hearing was held by the Historic Preservation Commission as required by the Zoning Code; 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 parcel is hereby zoned AG-1 with Historic Preservation District Landmark Overlay, subject to the following conditions: 1. The property shall be subject to the General Design Guidelines for Historic Preservation Districts and Landmarks. Ordinance No. 5053 Page 2 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ordinances or parts of ordinances in conflict with the provisions of this Ordinance, or any parts hereof, are hereby repealed.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 15th day of June, 2023. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this 29th day of June, 2023. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR Ordinance No. 5053 Page 3 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5053 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the 29th day of June, 2023, and that a quorum was present thereat. __________________________ CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Published in the Arizona Republic on: Exhibit A Legal Description That portion of the South half of Section 36, Township 1 South, Range 4 East, of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: BEGINNING at the Northeast corner of Hearthstone Unit 3, according to Book 276 of Maps, page 41, records of Maricopa County, Arizona; THENCE North 89° 50' 28" East at right angles to the East line of said Hearthstone Unit 3, a distance of 175 feet; THENCE South 00° 09' 32" East parallel to said East line, 373.38 feet; THENCE South 89° 50' 28" West 175 feet to a point on the East line of said Hearthstone Unit 3; THENCE North 00° 09' 32" West, along said East line, 373.38 feet to the POINT OF BEGINNING.