Ordinance No. 3673

OFFICIAL FILE COPY

CITY OF CHANDLER
ORDINANCE NO. 3673 PINEGLERKS

AN ORDINANCE OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE
ZONING CODE AND MAP ATTACHED THERETO, BY REZONING A
PARCEL FROM AGRICULTURAL DISTRICT (AG-1) AND PLANNED AREA
DEVELOPMENT (PAD) MIXED USE COMMERCIAL AND INDUSTRIAL USES
TO PLANNED AREA DEVELOPMENT (PAD) LIGHT INDUSTRIAL, OFFICE,
COMMERCIAL AND AIRPORT USES WITH A MID-RISE BUILDING
OVERLAY (DVR04-0037 CHANDLER AIRPORT CENTER) LOCATED WITHIN
THE CORPORATE LIMITS OF THE CITY OF CHANDLER, ARIZONA.

WHEREAS, application for rezoning involving 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 said
public hearing; 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:

SECTIONI. Legal Description of Property:
SEE ATTACHMENT ‘A’

Said parcel is hereby rezoned from AG-1 to PAD with a Mid-Rise Building
Overlay, subject to the following conditions:

1. Right-of-way dedications to achieve full half-widths, including turn lanes and deceleration
lanes, per the standards of the Chandler Transportation Plan.

2. Undergrounding of all overhead electric (less than 69kv), communication, and television
lines and any open irrigation ditches or canals located on the site or within adjacent right-of-
ways and/or easements. Any 69kv or larger electric lines that must stay overhead shall be
located in accordance with the City’s adopted design and engineering standards. The
aboveground utility poles, boxes, cabinets, or similar appurtenances shall be located outside
of the ultimate right-of-way and within a specific utility easement.

3. Future median openings shall be located and designed in compliance with City adopted
design standards (Technical Design Manual # 4).

10.

11.

12.

Ordinance No. 3673
Page 2

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.

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.

The development shall provide additional landscaping to include one (1) 24-inch box tree
and three (3) 5-gallon shrubs for every 20 feet of freeway frontage to be installed in the
freeway right-of-way.

Construction shall commence above foundation walls within three (3) years of the effective
date of the ordinance granting this rezoning or the City shall schedule a public hearing to
take administrative action to extend, remove or determine compliance with the schedule for
development or take legislative action to cause the property to revert to its former zoning
classification.

Development shall be in substantial conformance with Exhibit A, Development Booklet,
entitled “Chandler Airport Center Zoning Application”, kept on file in the City of Chandler
Planning Services Division, in File No. DVR04-0037 Chandler Airport Center, except as
modified by condition herein.

The landscaping in all open-spaces and rights-of-way shall be maintained by the adjacent
property owner or a Chandler Airpark Center property owners’ association.

Approval by the Director of Planning and Development of plans for landscaping (open
spaces and rights-of-way) and perimeter walls and the Director of Public Works for arterial
street median landscaping.

Sign packages, including free-standing signs as well as wall-mounted signs, shall be
designed in coordination with landscape plans, planting materials, storm water retention
requirements, and utility pedestals, so as not to create problems with sign visibility or
prompt the removal of required landscape materials.

The source of water that shall be used on the open space, common areas, and landscape
tracts shall be reclaimed water (effluent). If reclaimed water is not available at the time of
construction, and the total landscapable area is 10 acres in size or greater, these areas will be
irrigated and supplied with water, other than surface water from any irrigation district, by the
owner of the development through sources consistent with the laws of the State of Arizona
and the rules and regulations of the Arizona Department of Water Resources. If the total
landscapable area is less than 10 acres in size, the open space common areas, and landscape
tracts may be irrigated and supplied with water by or through the use of potable water
provided by the City of Chandler or any other source that will not otherwise interfere with,
impede, diminish, reduce, limit or otherwise adversely affect the City of Chandler's
municipal water service area nor shall such provision of water cause a credit or charge to be
made against the City of Chandler's gallons per capita per day (GPCD) allotment or

13.

14.

15.

Ordinance No. 3673
Page 3

allocation. However, when the City of Chandler has effluent of sufficient quantity and
quality which meets the requirements of the Arizona Department of Environmental Quality
for the purposes intended available to the property to support the open space, common areas,
and landscape tracts available, Chandler effluent shall be used to irrigate these areas.

In the event the owner sells or otherwise transfers the development to another person or
entity, the owner will also sell or transfer to the buyer of the development, at the buyer’s
option, the water rights and permits then applicable to the development. The limitation that
the water for the development is to be owner-provided and the restriction provided for in the
preceding sentence shall be stated on the final plat governing the development, so as to
provide notice to any future owners. The Public Report, Purchase Contracts, and Final Plats
shall include a disclosure statement outlining that the development shall use treated effluent
to maintain open space, common areas, and landscape tracts.

The development shall provide sound attenuation measures in accordance with ADOT
standard details and requirements excepting any decibel reductions or sound attenuation
credits for the use of a rubberized asphalt-paving surface. Any noise mitigation if required is
the responsibility of the development.

Monument sign’s sign panels shall have an integrated or decorative cover panel until a
tenant name is added to the sign.

The uses within the Office/Light Industrial with Airport Access area shall be allowed under
the following criteria. For the purposes of the stipulation, the following definitions are used:

Airpark — Those areas outside of the airport property being adjacent to and/or having direct
access to paved taxi lanes and appropriate taxi lane safety areas which allow aircraft access
to the airport runway/taxiway system through the crossing of the airport property line.

Airport — Those areas that are bordered by and are interior to the airport property line. Said
property contains the runway/taxiway system.

Runway/Taxiway system — The areas within the airport property consisting of paved areas
designated for the take-off, landing, parking, taxiing or other movement of fixed wing and
rotary wing aircraft.

PROHIBITED USES

The uses prohibited within the airpark area include any activity that provides aeronautical
services to the public in direct support of aircraft operations, maintenance, and
service/repair.

PERMITTED USES

The uses permitted within the airpark area are those uses allowed under the I-1 zoning
district, excepting those more airport intensive prohibited uses identified above. Permitted
uses are generally described as transitional uses that are less airport intensive uses such as
offices or businesses that use aircraft as part of the office or business. These businesses may
self-fuel, maintain, or repair their own aircraft in accordance with the Airpark Rules and

Ordinance No. 3673
Page 4

Regulations. Uses which require access between the Airport and Airpark require an Airport
access permit.

16. No television, communication towers or stand-alone antennas shall be constructed on the
property. All structures on the property shall remain below the protective surfaces as
defined in Federal Aviation Regulation Part 77 and detailed in the Airport Layout Plans.

17. Developer acknowledges that City does not guarantee the actual physical connection of the
property from the Airpark area to the airport area. The Developer has the option to construct
the on-airport taxiway connection subject to a Development Agreement.

Since zoning cannot guarantee or provide access to the airport, said access needs to be
addressed through a development agreement. Developer understands and agrees that no right
of access to any part of the Chandler Municipal Airport, including any of its taxiways or
runways, accrues to or runs with any of the land that is subject to this zoning, including the
airpark, as a consequence of this zoning. An owner or occupier of any portion of the airpark
may apply to the City for permission to access and use the on-airport taxiways or runway.
However, the decision to grant such permission shall be in the sole discretion of the City,
and in no event, shall the granting of such permission constitute a right of access running
with the permittee’s property at the airpark.

18. The developer acknowledges that the hangar portion of the buildings in the Airpark area will
not be for aeronautical services to the public, and that a certificate of occupancy needs to be
obtained before the hangar can be utilized. In addition, each development with intended
aircraft hangar construction must provide a paved aircraft-parking apron adjacent to the
hangar and the taxiway safety area. Said area must be of sufficient size to be equal to or less
than the square footage of the aircraft hangar.

19. All development shall comply with the approved FAR Part 150 Noise Compatibility Study
and specifically sound proofing the buildings to achieve a 25- to 30-db reduction within the
applicable noise contours.

20. A separate comprehensive sign package for the buildings shall be required at the time the
first Preliminary Development Plan (PDP) is submitted.

21. The trail connection from the Paseo Canal to the central portion of the site shall be
integrated with the development as each PDP application is reviewed.

SECTION II. Except where provided, nothing contained herein shall be construed to be and
abridgment of any other ordinance of the City of Chandler.

SECTION II. The Planning & Development Department 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. 3673
Page 5

INTRODUCED AND TENTATIVELY APPROVER, by the City Council this 14" day of April
2005. O&«n Saas

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I, HEREBY CERTIFY, that the above and foregoing Ordinance No. 3673 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the 28m
day of April 2005, and that a quorum was present thereat.

: CITY CLERK

APPROVED AS TO FORM:

CITY ATTORNEY

PUBLISHED in the Tribune on May 4 & 11, 2005

Ordinance No. 3673
Attachment ‘A’

Legal Description
Chandler Airport Center

Revised March 22, 2005
Job No. 03-043 May 22, 2004

PARCEL NO. I:

That portion of the Southwest quarter of Section |, Township 2 South, Range 5 East of the Gila and Sait River
Base and Meridian, Maricopa country, Arizona described as follows:

COMMENCING at the Southwest corner of Southwest quarter of said Section |: thence North (an assumed
bearing), along the West line of said Southwest quarter, 1759.72 feet to the POINT OF BEGINNING;

Thence N85°43’20"E, 1867.893 feet; thence N85°43'20"E, 601.33 feet; thence N89°32'11"E, 177.31 feet to a
point on the East line of said Southwest quarter; thence S00°11’09”W, along said East line, 594.58 feet to the
Southeast corner of the North half of said Southwest quarter; thence S89°21'14”W, along the South line of the
North half of said Southwest Quarter, 2637.82 feet to the Southwest corner of the North half of said Southwest
quarter; thence North, along the West line of said Southwest quarter, 438.60 feet to the POINT OF BEGINNING.

PARCEL NO. 2:

Farm Unit “E” or the Southwest quarter of the Southwest quarter of Section 1, Township 2 South, Range 5 East
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.

PARCEL NO. 3:

Farm Unit “F” or the Southwest quarter of the Southwest quarter of Section 1, Township 2 South, Range 5 East
of the Gila and Salt River base and Meridian, Maricopa County, Arizona;

EXCEPT COMMENCING at the South quarter corner of said section 1; thence NO°05’11”W along the North-
South midsection line of said Section 1, 33.00 feet to the POINT OF BEGINNING.

Thence S89°05'06"W along a line of 33.0 feet North of and parallel to the South line of the said Southwest
quarter Section 1, 666.777 feet (record) 666.26 feet (calculated measured); thence N49°39’54’E, 834.73 feet
(record), N49°56'20"E 834.72 feet (calculated measured); thence S40°20’06"E, 45.81 feet (record) 45.79 feet
(calculated measured) to a point on the aforesaid North-South midsection line of said Section 1; thence
$0°05'11"E along said North-South midsection line, 494.72 feet to the POINT OF BEGINNING.

PARCEL NO. 4:

The Northwest quarter of Section 12, Township 2 South, Range 5 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona;