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ORDINANCE NO. 5089 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 AGRICULTURAL (AG-1) TO PLANNED AREA DEVELOPMENT (PAD) FOR INDUSTRIAL BUSINESS PARK IN CASE PLH22-0028 (SCHNITZER COMMERCE PARKS) LOCATED AT THE SOUTHEAST AND SOUTHWEST CORNER OF RYAN ROAD AND HAMILTON STREET, GENERALLY ONE QUARTER MILE EAST OF THE SOUTHEAST CORNER OF ARIZONA AVENUE AND RYAN 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 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 AG-1 to PAD for industrial business park, subject to the following conditions: 1. Development shall be in substantial conformance with the Development Booklet, entitled “Schnitzer Commerce Parks” and kept on file in the City of Chandler Planning Division, in File No. PHL22-0028, 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. 5089 Page 2 2. Uses permitted include all uses permitted under I-1, ancillary office (excluding medical office), tech-related businesses, automotive accessory sales and installation uses, and recreational assembly uses not exceeding 15% of the total building square footage on the property. 3. The use of a data center as the primary use shall be prohibited. 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. Future median openings shall be located and designed in compliance with City- adopted design standards (Technical Design Manual #4). 6. 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. 7. The developer shall be required to install landscaping in the arterial street median(s) adjoining this project. In the event that the landscaping already exists within such median(s), the developer shall be required to upgrade such landscaping to meet current City standards. 8. The landscaping in all rights-of-way shall be maintained by the adjacent property owner or property owners' association. 9. The landscaping in all open spaces shall be maintained by the adjacent property owner or property owners' association, and shall be maintained at a level consistent with or better than at the time of planting. 10. Per the direction of the City Engineer, the developer shall be responsible for off-site improvements for water and sewer extension in Hamilton Street south of the property to Queen Creek Road, if the adjacent Schrader Farms Business Park does not construct prior to construction of Phase 1. 11. If the applicant desires access to the signalized intersection at Hamilton Street and Queen Creek Road, and the half-street improvements between Canary Way and Queen Creek Road have not been completed by Schrader Farms Business Park, the developer must complete the roadway improvements at their expense. The roadway must be paved to a minimum width of 24-feet for two-way traffic and include streetlights. The applicant would enter into a development agreement with Schrader farms and City of Chandler for reimbursement of any off-site improvements that would otherwise have been the responsibility of Schrader Farms Business Park. Ordinance No. 5089 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. 5089 Page 4 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5089 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: Ordinance No. 5089 Page 5 Exhibit A Legal Description Ryan Commerce Center (Phase I) Legal Description A PORTION OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10, MARKED BY A BRASS CAP IN HANDHOLE FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 10, MARKED BY A BRASS CAP IN HANDHOLE BEARS NORTH 89°19'17" EAST, A DISTANCE OF 2640.58 FEET; THENCE SOUTH 00°00'08" WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 33.00 FEET, TO A POINT ON A LINE PARALLEL WITH 33.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 89°19'17" EAST, A DISTANCE OF 1320.29 FEET; THENCE SOUTH 00°02'20" WEST, A DISTANCE OF 1292.50 FEET; THENCE SOUTH 89°21'01" WEST, A DISTANCE OF 1319.46 FEET; THENCE NORTH 00°00'08" EAST, A DISTANCE OF 1291.82 FEET TO THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINING 1,705,374 SQ. FT. ±, 39.15 AC. ±. Hamilton Commerce Center (Phase II) Legal Description A PORTION OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF THE GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 10, MARKED BY A BRASS CAP IN HANDHOLE FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION 10, MARKED BY A CITY OF CHANDLER BRASS CAP FLUSH BEARS SOUTH 89°19'19" WEST, A DISTANCE OF 2639.03 FEET; THENCE SOUTH 00°00'08" WEST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 33.00 FEET, TO A POINT ON A LINE PARALLEL WITH 33.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 00°00'08" WEST, ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER, A DISTANCE OF 1858.69 FEET; Ordinance No. 5089 Page 6 THENCE SOUTH 89°23'49" WEST, A DISTANCE OF 699.25 FEET; THENCE NORTH 00°06'48" EAST, A DISTANCE OF 193.16 FEET; THENCE SOUTH 89°23'51" WEST, A DISTANCE OF 500.08 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTHERN PACIFIC RAILROAD AS RECORDED IN BOOK 189 OF DEEDS, PAGE 525, OF OFFICIAL RECORDS, MARICOPA COUNTY, ARIZONA; THENCE NORTH 00°07'20" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1664.01 FEET, TO A POINT ON A LINE PARALLEL WITH 33.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 89°19'17" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 1320.29 FEET, TO THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINING 2,127,906 SQ. FT. ±, 48.85 AC. ±.