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ORDINANCE NO. 5054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE ZONING CODE AND MAP ATTACHED THERETO, BY REZONING A PARCEL FROM MULTIPLE-FAMILY RESIDENTIAL DISTRICT (MF-2) TO PLANNED AREA DEVELOPMENT (PAD) FOR A DUPLEX AS SHOWN IN CASE PLH22-0057 (MCCANCE DUPLEX) LOCATED ONE LOT SOUTH OF THE SOUTHEAST CORNER OF CHICAGO STREET AND DAKOTA STREET, GENERALLY LOCATED NORTH AND WEST OF FRYE ROAD AND ARIZONA AVENUE 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, 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 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 rezoned from MF-2 to PAD for a duplex, subject to the following conditions: 1. Development of the site shall be in substantial conformance with the conceptual exhibits, entitled “Conceptual Exhibits” kept on file in the City of Chandler Planning Division, in File No. PLH22-0057, modified by such conditions included at the time the rezoning was approved by Chandler City Council and/or as thereafter amended, modified, or supplemented by the Chandler City Council. Ordinance No. 5054 Page 2 2. The homebuilder/lot developer shall provide a written disclosure statement, for the signature of any potential buyer, acknowledging that the property is located adjacent to or nearby the “Entertainment District” which may contain land uses that create adverse noise and other externalities. The “Purchase Contracts” and the property deed shall include a disclosure statement outlining that the site is adjacent to the Entertainment District. The responsibility for notice rests with the homebuilder/lot developer, and shall not be construed as an absolute guarantee by the City of Chandler for receiving such notice. 3. Developer shall provide all required right-of-way dedications and/or easements as determined by the Development Services Director at the time of construction plan review. 4. Developer shall complete construction of all required off-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. 5. Landscaping in all right-of-way shall be maintained by the adjacent property owner. Additionally, hardscape improvements located behind the sidewalk and within the right-of-way shall be maintained by the adjacent owner. 6. Minimum setbacks shall be as provided below: Setback Distance Front Yard 16’ North Side Yard 10’ South Side Yard 5’ Rear 20’ 7. Maximum lot coverage shall be 50%. 8. Covered parking shall consist of a 2-car garage (side-by-side parking) and a tandem 2-car garage. 9. In addition to a duplex, a single-family residence is also permitted and is subject to setbacks and lot coverage established within this ordinance. Parking and all other development standards shall be subject to Single-Family District (SF-8.5) requirements established within City of Chandler Zoning Code. Administrative Design Review approval shall be required prior to building permit issuance of any single-family home. 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. Ordinance No. 5054 Page 3 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 ______________, 2023. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this _____ day of _______________, 2023. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR Ordinance No. 5054 Page 4 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5054 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the ____ day of _____________, 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 Lot 939, of Block I of the Townsite of Chandler, a subdivision recorded in Book 9 of Maps, page 2, records of Maricopa County, Arizona