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ORDINANCE NO. 5076 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 GENERAL INDUSTRIAL (I-2) DISTRICT TO PLANNED AREA DEVELOPMENT (PAD) FOR MULTI- FAMILY WITH MID-RISE OVERLAY ALLOWING HEIGHTS UP TO SEVENTY (70) FEET IN CASE PLH23-0038 (GRAYHAWK RESIDENCES AT CHANDLER) LOCATED AT THE NORTHEAST CORNER OF FRYE ROAD AND NEVADA STREET 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, 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 I-2 to PAD for multi-family with mid-rise overlay, subject to the following conditions: 1. Development shall be in substantial conformance with the Development Booklet, entitled "Grayhawk Residences at Chandler" and kept on file in the City of Chandler Planning Division, in File No. PLH23-0038, 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. 5076 Page 2 2. Multiple-family residential shall be permitted at a maximum density of 68 dwelling units per acre. 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. 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. 5. The landscaping in all rights-of-way shall be maintained by the adjacent property owner or property owners' association. 6. Prior to the time of leasing any units, the developer/operator/property manager shall provide a written disclosure statement, for the signature of each renter, acknowledging that the apartment complex is located adjacent to or nearby existing railroad tracks, industrial property, and industrial businesses that may cause adverse noise, odors, and other externalities. The lease agreement shall include a disclosure statement outlining that the property is adjacent to or nearby existing railroad tracks, industrial property, and industrial businesses, and the disclosure shall state that such uses are legal and should be expected to continue indefinitely. This responsibility for notice rests with the developer/operator/property manager and shall not be construed as an absolute guarantee by the City of Chandler for receiving such notice. 7. Minimum assigned parking spaces for multi-family residential: A minimum of one (1) covered parking space shall be assigned to each efficiency, studio or one-bedroom unit and a minimum of two (2) parking spaces (at least one of which shall be covered) shall be assigned to each two- or-more-bedroom unit. The assigned spaces must be made available for the exclusive use of the tenant leasing the unit and may not be made available for use by other tenants or visitors. 8. Minimum building setbacks shall be as provided below and further detailed in the development booklet: Property Line Building Setback North 10 feet East 10 feet South (Frye Road) 10 feet West (Nevada Street) 12 feet 9. Building heights shall not exceed seventy (70) feet. Ordinance No. 5076 Page 3 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 ______________, 2024. ATTEST: ______________________________ ______________________________ CITY CLERK MAYOR PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this _____ day of _______________, 2024. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR Ordinance No. 5076 Page 4 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5076 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the ____ day of _____________, 2024, and that a quorum was present thereat. __________________________ CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Published in the Arizona Republic on: Ordinance No. 5076 Page 5 “Exhibit A” GRAYHAWK RESIDENCES AT CHANDLER LEGAL DESCRIPTION NET BOUNDARY DESCRIPTION: A PORTION OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER , MARICOPA COUNTY, ARIZONA AND MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 34, BEING MARKED BY A BRASS CAP IN HANDHOLE, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 34, BEING MARKED BY A BRASS CAP IN HANDHOLE, BEARS SOUTH 89 DEGREES 44 MINUTES 41 SECONDS WEST, 2639.27 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 41 SECONDS WEST, ALONG THE EAST-WEST-MID- SECTION LINE OF SAID SECTION 34, 765.20 FEET; THENCE DEPARTING SAID EAST-WEST MID-SECTION LINE, NORTH 00 DEGREES 21 MINUTES 45 SECONDS EAST, 33.00 FEET TO A LINE 33.00 FEET NORTH OF AND PARALLEL TO SAID EAST-WEST MID-SECTION LINE AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 44 MINUTES 41 SECONDS WEST, ALONG SAID PARALLEL LINE, 332.57 FEET TO A LINE 30.00 FEET EAST OF AND PARALLEL TO THE CENTERLINE OF NEVADA STREET; THENCE DEPARTING SAID PARALLEL LINE, NORTH 00 DEGREES 30 MINUTES 49 SECONDS EAST, ALONG SAID PARALLEL LINE, 490.83 FEET; THENCE DEPARTING SAID PARALLEL LINE, NORTH 89 DEGREES 44 MINUTES 43 SECONDS EAST, 331.27 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 45 SECONDS WEST, 490.82 FEET TO SAID POINT OF BEGINNING. SAID PARCEL CONTAINS 162,903 SQUARE FEET OR 3.740 ACRES, MORE OR LESS.