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ORDINANCE NO. 5068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE ZONING CODE AND MAP ATTACHED THERETO BY REZONING PARCELS FROM PLANNED AREA DEVELOPMENT (PAD) FOR COMMERCIAL TO PAD FOR MULTI-FAMILY RESIDENTIAL AND COMMERCIAL AS SHOWN IN CASE PLH22-0044 (CHANDLER FARMS) GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ARIZONA AVENUE AND QUEEN CREEK ROAD 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 the 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 Planned Area Development (PAD) for commercial to PAD for multi-family residential and commercial, subject to the following conditions: 1. Development shall be in substantial conformance with the Development Booklet, entitled “Chandler Farms,” and kept on file in the City of Chandler Planning Division, in File No. PLH22-0044, 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. Ordinance No. 5068 Page 2 2. Multiple-family residential shall be permitted at a maximum density of 24 dwelling units per acre. 3. Uses permitted within the commercial buildings shall be limited to retail, restaurants, and personal services, except the following uses shall be prohibited: tattoo and body piercing parlors, dry cleaners and laundromats, and sexually oriented businesses. 4. 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. 5. The landscaping 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. Minimum building setbacks shall be as provided below and further detailed in the development booklet: Property Line Building Setback North (Queen Creek Rd.) 50 feet at commercial, and 165 feet at multi-family East (Arizona Ave.) 50 feet at commercial, and 100 feet at multi-family West 95 feet at multi-family adjacent to existing single-family, and 80 feet at multi-family adjacent to existing multi-family South 10 feet at multi-family adjacent to existing multi-family 8. Right-of-way dedications to achieve full half-widths, including turn lanes and deceleration lanes, per the standards of the Chandler Transportation 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. Ordinance No. 5068 Page 3 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 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5068 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 – CHANDLER FARMS