Study Session - 10/22/2024 4:00:00 PM

e e
good evening everyone afternoon I guess
I can say for 400 p.m. welcome to the
Gilbert Town Council study session we
have a few items on our agenda to get
through today um we'll start with
calling this meeting to order and item
number one presentation and discussion
on Park and Ride relocation study hi
Nathan I get to see you on person good
evening mayor Peterson how are you doing
well doing well thanks for having me
it's been a while um yeah thanks for
having me my name is Nathan Williams I'm
a transportation planner with the town
and I'm here to talk about the park and
ride relocation study we've been been uh
working on this for about 18 months with
our colleagues at Valley Metro and their
consultant HDR engineering and um we're
in our wrapup stages of the
study um the study kind of our
consultant will be doing the main
presentation but I just want to give a
brief intro that's why I'm here but um
we're wrapping up the study um and we're
here tonight to kind of present that
provide some updates to you on that um
and answer any questions or any concerns
you might have so um one other point we
wanted to make was after this we'll have
an IGA hopefully anticipating coming
back to you in December for design and
construction um and uh with that I'll
introduce Matthew Totton of HDR
engineering he can do give the main
presentation on
this thanks Nathan uh good afternoon
mayor and councel uh thank you for this
opportunity to talk about the uh Gilbert
Park and Rod relocation study uh here's
an outline of the the uh discussion this
afternoon going to start with some brief
introductory remarks we'll talk about
the market analysis uh the site
evaluation as well as the preferred site
recommendation and then we'll wrap up
with uh the community outreach in next
steps so why did we do this study um the
town of Gilbert is anticipating
Redevelopment of the existing uh parking
ride that's in downtown Gilbert um as
you're all aware there's been rapid
development in the Heritage district and
there are multiple uh CIP projects that
are underway in the area most notably
the Ash Street realignment which is
going to BCT through the middle of the
existing park and ride so really the
goal of this project is to identify and
and evaluate potential sites for a new
park and ride facility in gilbertt and
this was a joint effort between the town
of Gilbert and Valley
Metro so this map on the screen this
shows uh some of those Heritage District
projects the one in particular that I
mentioned is the Ash Street uh
realignment which you can see there uh
Cuts directly through the East half of
the park and ride side which is shaded
in
pink so a little background information
on the park and ride itself uh it opened
in 2005 it's served by the route uh 531
which is the Mesa Gilbert Express has
250 spaces approximately 10% parking
utilization today and there's about nine
average daily boardings for the route
531 at this
location so as a mention if that uh Park
and Ride were to close we would have to
relocate uh the Terminus for the route 5
31 and so the proposed uh solution for
that is to relocate it to the Sam's Club
uh just a few miles north on Gilbert
Road uh the rest of the route 531 would
remain the
same so now I'm going to talk about the
uh market analysis um really the purpose
of this was to identify where existing
work trips are originating from in
Gilbert and are headed to Downtown
Phoenix so uh we also wanted to consider
this in the context of the existing
ridership for the route 531 and there's
a tool that we use to do this and it's
called lhd and this stands for uh
longitudinal employer household Dynamics
and basically what this is this is the
work trip data that you get from the US
Census Bureau and so we pulled uh 22 uh
2022 data for this we also supplemented
it with uh survey data from uh the route
531 that was part of the Valley Metro uh
origin and destination study from
2023 so this map this shows the results
of that analysis and what you want see
here is that the areas that have the
darkest shading in blue those are the
concentrations of the most work trips
from Gilbert to Downtown Phoenix and you
could see that the existing park and
ride in downtown Gilbert is actually in
one of those areas but there are several
others within the town most notably uh
southeast of the loop
202 next I'm going to talk about the uh
site evaluation and the overall site
evaluation process we followed we began
with a site identification process that
then we took uh eight potential sites
through a level one evaluation then four
sites Advanced through a level two
evaluation and then finally resulted in
a preferred site recommendation which
I'll talk about in more
detail so a little uh background on the
general uh site identification we did do
a townwide search um we looked at all
vacant Parcels within the town that were
a minimum of two acres in size and had
close proximity to an arterial or
freeway and that resulted in 41
potential Parcels within the town of
Gilbert now 28 or excuse me 29 of those
were vacant Parcels with private
ownership eight were uh vacant Parcels
with uh public ownership primarily the
town of Gilbert and then four Parcels
were uh had shared use opportunity and
then based on a collaborative review uh
between uh the town of Gilbert and
Valley Metro eight Parcels were Advanced
into that level one
evaluation so this this is a list of
those level or those eight sites that we
took into the level one evaluation and
then there's a map on the right which
shows their location and we'll come to
this map back to this map a few times uh
throughout the
presentation but first I want to talk
about the uh evaluation criteria we used
to screen those sites so we began with
uh the level one evaluation was a
highlevel kind of more qualitative
analysis whereas the level two uh
evaluation was more detailed and
quantitative based
so now I'm going to refer back to that
lhd map I showed earlier and the purpose
of this is to show those eight sites
overlaid with that lehd data so if you
look on the map each of those numbers
represents a potential Park and Ride
location and you can see for the most
part they overlay directly with the
areas of the highest concentration of
work trips from Gilbert uh to Downtown
Phoenix now based on the results of the
level one evaluation four sites uh were
advanced into the level two evaluation
and those sites are site one which is
the existing uh park and ride in
downtown Gilbert but reconfigured site
three which is at Freestone Park site
four which is adjacent to Crossroads
Park and site six is at coie station now
all four of these sites are currently
owned by the town of
Gilbert so here's a snapshot of the
evaluation criteria we used for the
level two analysis and as I mentioned
men earlier this uh criteria is much
more detailed and quantitative
based so here's a snapshot or just kind
of an overview of each of the four sites
uh this is an aerial of the existing
park and ride in downtown Gilbert you
can see it has kind of a diagonal
orientation along the Union Pacific
Railroad um the eastern half of the
existing parking ride that's the portion
that would be impacted by the Ash Street
realignment but it would be possible to
potentially modify the Western half of
the site to remain a park and
ride the next uh site is site three at
Freestone Park so this park and ride is
located adjacent to the fire station
basically between the fire station and
the Freestone recreation center and this
shows a potential conceptual layout and
the primary access would be off of
Freestone
Parkway site four this is adjacent to
Crossroads Park this is an interesting
site because it's bisected by the Union
Pacific Railroad there's also a maining
wall along SanTan Village Parkway so
that's why the access point to the
conceptual layout that's shown is at the
far north end of the
parcel and then finally this is site six
which is at coie station this is an area
currently under mixed use development
and has seen rapid uh growth in recent
years and this is uh the roadway network
will be basically completed in the next
couple years you see it's adjacent to
Summerton Boulevard that will eventually
connect with uh verie Drive
So based on the results of the level two
analysis site six at coolish station is
recommended as the preferred site and
there's a couple reasons for this so one
is that it does have the best site
access and the most flexibility in terms
of the potential for a site layout it
also has the strongest integration
between land use and transportation and
it has good existing and future
ridership there's uh over 6,000
residential units either uh in existence
or underway as part of the cooie station
uh area it also has the ability to uh
integrate with existing express bus
service and also a connection to the ASU
poly Technic
campus so one thing to not is the cooie
Station Park and Ride site would be
served by a different bus route than the
existing parking ride which is served by
the
531 this parking ride would be served by
an extension of the route
542 this is an express bus that
currently serves the Chandler parking
ride and the idea is that it would be
extended 9 miles from the existing
Chandler parking ride to the
station parking
ride we did put together some initial uh
cost and ridership information uh at a
high level uh the capital costs we're
presenting as a range basically a
minimum and a maximum option uh the
minimal option is approximately 3.7
million this would be a real limited
area for parking approximately 50 or so
parking stalls and just basic
infrastructure we then have an expanded
site option uh which includes more
enhancements would be in the range of
about 5.1 million this includes an
expanded parking area around 100 spaces
includes CCTV and then shade canopy for
about half the
spaces we also calculated the operating
cost uh for that extension of the route
542 and it would be about
166,000 on an annual basis uh and it's
anticipated that all costs would be
funded through Regional resources uh
likely proposition 479 depending what's
happens here in two weeks we also
conducted a ridership analysis for the
 Station Park and Ride and it
showed that there would be about 31
average daily boardings based off this
initial service plan that's about four
times the amount of the existing park
and ride
today so finally want to wrap up with uh
community outreach uh Valley Metro did
uh distribute flyers in the project area
and canvas the area including uh 23
businesses and four apartment complexes
uh overall the general sentiment was
extremely positive and there were no uh
formal questions or comments that have
been received to
date so and lastly uh the next step for
the project would be that
intergovernmental agreement that Nathan
mentioned this would be necessary in
order for uh Valley Metro and town of
Gilbert to move forward with design of
the park and ride so pending approval of
uh a future IGA uh by the Town Council
and the Valley Metro board uh designed
for this new Gilbert Park and Ride would
begin sometime in early 2020 or in
2025 and that concludes the presentation
and with that I'd be more than happy to
answer any questions thank you thank you
so much for the presentation any
questions at this
time counc banji bani thank you mayor
okay so the construction of this is paid
for
by who so uh as I understand it right
now there is uh $2 million that's
allocated to the park and ride project
through PTF funding basically Regional
funding then there's also some local
funding that's available town of Gilbert
has for a basically a bus stop uh
Improvement and those two fund sources
could be could be pulled together
there's approximately a little over
million available in funding and the 166
A Year how's that funded that would most
likely be funded on a regional basis um
it's a little bit of a gray area now
because of the uncertainty related to
proposition 479 should that pass in two
weeks basically all express bus services
in the region would be funded at the
regional level and not by the
jurisdictions themselves so right now
we're at nine Riders a day average
you're hoping to get to 31
um are there plans to do more than 31
because right now at
31 um I I see it costing
$636 per person per
year yeah so express bus ridership is
largely a function of the service
provided um we most of the available
data for this analysis was conducted in
2023 and we have seen a steady
Improvement in express bus ridership
over the past year or so what's
different now is that pre-co uh express
bus ridership was much more consistent
kind of day by day now we see huge
spikes so for example the middle of the
week has much higher performance than
let's say Mondays or Fridays so that
sometimes drops the overall average
that's why you're seeing that kind of
lower average on a a boardings per trip
Basics okay thank you thank
you council member
Kowski in the budget figure that you
provided for the parking lot that had
more amenities would that include ameni
such as a
restroom uh it could council member but
that is yet to be determined basically
the process from here would be uh final
design would start and during that there
would be a facility needs assessment
that would dictate what uh amenities
Gilbert and infrastructure Gilbert would
like to see as part of that development
so no decision been made in terms of
restrooms it certainly could if that's
desired do express bus services do they
have on board Wi-Fi uh some do yes it it
just depends on the type of Fleet that's
used but yeah the General Industry trend
is to provide uh Wi-Fi and also uh USB
charging and would that be potentially
funded by Regional funds or or does that
require the local support so all of the
bus fleet express bus fleet in this
region is funded at the regional level
so that would not be a town of Gilbert
expense per se that is pulled among the
region thank you
council member tilky thank you mayor um
I wanted to make sure I understood
because I may have missed at the
beginning that the express bus that we
currently have downtown will continue
we're looking at moving that to Sam's
Club so we're not taking away what I
would consider North Gilbert express bus
opportunity this would be adding a
southern um express bus Which then I
think would add to those numbers because
because right now they don't have that
opportunity unless they want to come all
the way downtown is that correct council
member yes that's correct yes so the
existing 531 would remain it's just that
the Terminus would be at Sam's Club
instead of the park and ride and they
heard it's just all right thanks so
much I think Greg was one of those
Riders from downtown wasn't he yes um
thank you for that question council
member tilki because it does clarify
there are probably a few that live in
South Gilbert that might be using the
531 from the downtown park and ride at
this point that might not want want to
move to Sam's Club it's a little bit
further for them still to go any other
questions did you want to add anything
Jason thank you uh mayor council I just
wanted to clarify one point that
currently there is no plan to utilize
local funds for the design and
construction of this project the plan is
to use Regional funds that is allocated
to us through prop 400 for both design
and construction prop
479 these funds are prop 4 well the old
the old prop 400 correct not future
funds coming out of potentially coming
out of prop 479 sorry thank you any
other questions for Jason anything for
Nathan thanks for coming out this
evening thank you for the
presentation appreciate it next on our
agenda this evening presentation and
discussion on legisl legislation related
to House Bill 2297 adaptive
reuse Ava cro headed to the podium
good uh afternoon mayor and Council Ava
cutro planning manager and I'll pre be
presenting this house bill for Veronica
Gonzalez principal
[Music]
planner in April house bill
2297 was one of the bills aimed at the
housing shortage August 7th this went
before the planning commission for the
citizen review and initiation and by
January 1st we must comply with House
Bill
2297 and it pertains to standards for
multifamily residential development and
adaptive
reuse some of the requirements of this
house bill include that you are allowed
to have multifam development or adaptive
for use on up to 10% of the town's
existing commercial office or mixed use
buildings
you can have that today but you need to
go through a hearing process and review
under the house bill you could have that
by right without a hearing but not just
on any office commercial or mixed use
building the building must be in
disrepair or have a 50% vacancy in the
leasable square footage the parcels must
be at least an acre in size but not more
than 20
acres and what's there today can remain
so the parking that's there today can
remain the height even if it exceeds the
height for what the new use is can
remain the setbacks they can remain as
well even if they don't meet the current
standards if you're adapting to multifam
development and converting in office
mixed use or commercial building there
are additional
requirements one is that the height for
the structure that the multifam is going
in can go to the highest allowable
multifamily zoning height within a mile
of the site a maximum height of five
stories unless you're in 100 feet of
single family zoning then two stories
and just for reference our highest
multifamily zoning right now is
multifamily high and that can go up to
55 fet in
height and although they call this an
Adaptive reuse bill you are allowed if
you're converting to multifam to
completely demolish the building so
while you can adapt it you can also
completely demolish and
rebuild and if you go to all multifam at
least 10% of the units have to remain
low or moderate income for 20
years this is a map of the town and the
dots represent the existing commercial
off office and mixed use buildings of
all of these dots according to the house
bills we allow up to 10% for adaptive
reuse so approximately 85 buildings
again they would have to be in dis
repair or 50%
vacant while we have to allow 10% for
adaptive reuse the bill also allows the
municipality to designate 10% that are
excluded from these Provisions so for
instance in the Heritage District or
rivulon or medical communities we can
designate again 10% so up to 85 of those
buildings to exclude out and not make
eligible for adaptive reuse they would
still be eligible they would just go
through the process with the public
hearings and the reviews it would not be
by right and the municipality can choose
these areas design them but once it's
done they remain for 10 years before you
can relook at it and change those
areas we call this bill the bill of the
10% it was confusing because they use
10% in three different ways it doesn't
add up to 30% there are three distinct
10% measurements the first is multifam
development or adaptive reuse is allowed
on up to 10% of existing commercial
office or mixed use bill buildings 854
buildings in the town 85 can be adapted
if they're on at least an acre not more
than 20 acres 50% vacant or in disrepair
the next
10% is that theity may exclude
10% from the provisions of this house
bill so again 854 buildings 85 can be
excluded once we exclude them 10 years
we can't change the buildings that we've
chose to exclude lastly if the Adaptive
reuse is used and it converts to
multifam 10% of all the units have to be
lwi income or moderate income and remain
that way for 20
years next step is to go to the Planning
Commission on November 6th where they'll
make a recommendation to the Town
Council and then December 3rd this will
come back to you for the final hearing
and this must be done by January
1st so that concludes the first
presentation on adapted reuse there are
any questions and then after this I'll
have two more presentations for you on
other house bills and set of
bills thank you Ava um council member
Kowski hi Ava do you um already have the
areas or list of the buildings that
we're going to request not be eligible
we're considering them now we first had
to run all the numbers to see what 10%
would be and we're working with economic
development we've spoken with legal to
come up with those that's why I brought
up some scenarios Heritage district for
instance has 10 buildings in it um
rivulon community that has closer to
about 50 buildings but then we're
wondering is it better to do our Medical
Offices so we're still looking at those
the main map that we were looking at is
this this is from our general plan and
these were our employment hubs so these
are the areas we'll probably be looking
at we have right now calculations for
each of these areas and how many
buildings are in each but if we were to
look at all of them it was 52 buildings
so we have to narrow that down to 85 so
we are working on that I wish we did
have that for you tonight but like I
said we're working with economic
development and other areas of the town
to come up with that and will that be
available prior to our December meeting
yes I'm hoping to have it available for
the Commission in November thank you
vice mayor Anderson Ava is there a
specific definition either in the
statute or in our code of what disrepair
means mayor vice mayor thank you for
asking that actually both of these
questions we discussed this morning in
legal there is not uh we looked at the
international building codes that had a
definition um very strict that it had to
be unsanitary Vermin infested things
like that uh we also are looking at
other towns codes right now and reaching
out to other municipalities to see what
definition they may use we do realize
that we need one thank you
council member
Buckley um I have I have a question are
I I recall having this discussion with
you guys prior on some of these these
rules that you have just gone over are
these the rules coming down
from you know from from the SB whatever
that was at the yeah HB 2720 yeah are
they coming down from that or are the
these rules that we as a town as you
know planning and economic development
are putting together to be cohesive with
what they're asking us mayor council
member Buckley these are direct from the
house bill um for some reason it
switched to my next presentation but
they're direct from um house bill and
the league actually put together model
Municipal ordinances so most
municipalities will have almost the
exact same ordinance with the exact
language from the house belill okay for
for some reason and I may be thinking of
a different you know project or Bill I
thought that we would have some input on
is that the other one that's a different
one
okay although uh mayor council member
Buckley in the previous presentation is
there a way to bring that back um we do
have that one um ability where we can
choose the 10% to exclude that's
probably the
only designation that we can do the rest
is all in the house bill that we'll
adopt okay I think she's probably
referring to and I can't remember which
bill number it was but the one that you
have all of next year to put what
Gilbert's going to do in place before it
goes into effect January 1st of 2026 yes
that's our middle housing bill that came
before you about two months ago Ashley
McDonald brought that where we establish
our Central business district and then
that's the only one that we have until
next year to right up okay okay the
three you'll hear tonight are all this
January they must go into effect okay
yeah that I just wanted to make sure
that this is all coming from up above
come from God yeah yes the town on this
particular House Bill we have not staff
has not added any additional
restrictions okay thank you very
much Council May banani thank you mayor
any estimation of how many of these 850
buildings could be considered in
disrepair or under
50% we unfortunately council member of
ban we we not what would be an let's say
I own a storage shed that I can press
still make it dis
reparable what's the advantage of me
doing this is would I make money making
it an apartment
complex I'm a trick question yes I'm not
in that field um in just casual
discussions that we've had we don't know
that this will be widely used in the 10
town because it is very expensive if you
are going to keep the commercial
building to adapt it for residential all
the additional bathrooms that it's just
not set up that way however as I
mentioned in here on multi family you
can demolish it and rebuild so we're not
quite sure what the advantage is and
financially
but we have to move quickly on this this
was the bill that we found out about the
latest in the series this one was
proposed right at the very end so we
don't have the background on this one
that we do on because you can get pretty
with this you can come up with some
ideas here that could make things happen
um is there a timeline on how long this
building has to be in this repair um
there is not there is just that verbage
about
50% that building has to be in this
repair or have 50% vacancy in leasable
square footage and again there is no
definition in the bill for disrepair
okay thank you unfortunately thank
you council member tilki thank you mayor
um
Ava one of the concerns I have with this
and some of the other bills is that it
was passed in an effort to have some
affordable housing available throughout
the state um I've not seen any where
where there's any accountability for
that 10% being lwi income and I I am
making an assumption that will not be
placed on the backs of
municipalities so I'm hoping and maybe
this is more towards Rob and the league
that we're going to be looking at that
next year I don't know if there'll be
technical corrections I don't need a
comment I'm just making a statement Rob
but um that the state is going to be
following up and ensuring that these are
are going to be um lwi income modern
income for 20
years and mayor um council member tilky
this bill is one of the few that
actually does have the 10%
requirement and they do Define what is
considered low income what is considered
moderate income so I I do believe that
this will provide affordable housing um
I'm not sure who the who will be
tracking it I'm I'm assuming the state I
think the devil's in the details on that
one it may start out that way but if
somebody's not tracking it it won't stay
that way so I'm just putting it out
there to the universe at the moment
thank you that's a great point I think
one of the things that we'll find is
that the municipality is going to need
to track that and it's going to be
difficult to be able to do I would think
council member Buckley uh one one more
question so the uh to follow up with
something Kathy said I'm council member
tilky said
um is there going to be uh an a a price
level I mean what is because low income
is different to a different group of
people anybody you know to me low income
is one thing but maybe to someone else
it's something
different and um mayor council member
Buckley I'm just looking they do have
the definitions in here I could read
them if you'd
like um low income is for a person or
persons whose household income does not
exceed 80% of the area median income and
moderate income is for a person or
persons whose household income does not
exceed
120% of the area median
income and then it goes further for
which the occupant pays not more than
30% of the gross income for the
occupant's rent or mortgage and that is
under both low and um moderate income so
not not more than 30% of their income
their gross income goes to rent or
mortgage and for low it's you can exceed
80% of the area's median income and for
moderate you cannot exceed 100 20% of
the area median
income the area median
income Gilbert's median income is
$108,000 is that about right right now
so when you look at the median income
for the town of Gilbert what that would
still be yeah sorry council member
Buckley did you have something else yeah
just hit me what she
said no
thank you for those
comments mayor and Council just one
quick response to that um it's the
regional median income so so it wouldn't
just be the town of Gilbert I think I
believe it's by the county marac county
thank you okay which is much lower than
Gilberts thank you it just says area so
we weren't quite sure thank you rob CLA
is mud of course Ava yes the area not
just yes which we would assume the our
area would be Gilbert right as we're
trying to Define this council member
vanjani thank you if if you said this I
apologize um this would would this
require a zoning change or does it
automatic if I went from a storage shed
to all of a sudden I want to sell my
property and sell it to someone who
wants to build a multi multif family
would the zoning does there have to be a
zoning change and is it automatic or do
we vote on it there is no hearing no
process that's by right um council
member B Giovani I'm assuming we would
update our zoning maps to reflect it but
there's no zoning hearing yeah I'm I'm
not sure if I'm answering your question
no you are unfortunately
yeah she doesn't want to have to come
right and say no there's no local
process that's the answer consus I'll
just say it the Geniuses at the state
stuck us again
correct you don't have to answer
that any other comments questions for
Ava on um this current discussion
2297 then we'll move into the next one
Ava which will be presentation and
discussion on legislation related to
House Bill
2720
okay thank you it's you'll have me here
for the next two this one is the
accessory dwelling unit Bill House Bill
2720 uh this was brought to you actually
the day it was signed I had been
prepared to bring you the town's changes
and then we switched quickly to what is
in the bill so it may sound a little
familiar to
you um as you may be aware guest homes
accessory dwelling units secondary
dwellings are very popular in the town
of Gilbert houseville
2720 focuses on these accessory dwelling
units to Aid in the Statewide house
housing
shortage currently the Gilbert Land
Development code allows these accessory
dwelling units on our single family
zones from our 6000 fs6 to an acre and
above Lots one guest home and one
incidental dwelling unit are currently
allowed in the town of Gilbert under the
house bill it's similar except they
don't distinguish between a guest house
and an incidental dwelling unit they're
all called accessory dwelling units two
are allowed one detached and one atached
on all single family lots plus if you're
over an acre you can have a third
accessory dwelling unit if you
restricted to
Affordable under the current town code
we again had the two categories guest
homes could not be
rented uh secondary dwellings could be
rented guest homes couldn't have
kitchens secondary dwellings could we
will now be combining those all into the
title accessory dwelling units the house
bill um allows the applicant to decide
whether or not they want a kitchen both
are
allowed and it prohibits the town
from I'm sorry the town cannot prohibit
the use or
advertisement of either un it for
renting longterm so we used to prohibit
guest homes from being rented allowed
adus now both can be rented long term
and they can have a kitchen or cannot
it's up to the
applicant currently our code states that
these units have to be incidental to the
primary subordinate to the
primary and that they have to be located
within the building
envelope this is the largest change to
the town ordinance the house bill still
says that they have to be subordinate to
the main and they have to be the main
has to have greater square footage but
it's the location that is the largest
change currently these have to be within
the building envelope of the main house
under house bill
2720 they still have to meet the front
setback of the main house but the side
and rear yards we can only regulate a
5-ft setback so in some areas on our
larger Lots these accessory dwelling
units currently are required to have a
10 20 foot setback from the side and
rear under house bill
2720 they would now be allowed at a 5
foot
setback currently we state that these
accessory dwelling units have to be
compatible with the design materials Etc
of the main home and that an onsite
parking space must be provided for the
Adu under the house bill we can't do
either of those it specifically states
that we cannot require that the
accessory dwelling unit match the
exterior design roof pitch finish and
that we cannot require additional
parking on site for the accessory
dwelling unit so the parking that will
also be a large change from our existing
code the parking in the five foot
setbacks accessory dwelling units right
now required administrative use
permit basically that just lets the
neighbors know what's going on and what
it looks like and where it will be
located under house bill 2720 they are
permitted use so while we can do a
cursory site plan review we cannot
require use
permits and the part of the bill that
has us moving quickly is that if a
municipality fails to adopt development
regulations before January 1st accessory
dwelling units shall be allowed on all
Lots or parcel zoned for residential use
in the municipality Without Limits so we
don't want that so we are proposing just
quick summary incidental dwelling unit
will now be changed to accessory
dwelling unit in the code we will allow
two single family lot one attached one
detached a third if your lot is over an
acre and you restrict it to
Affordable the size is restricted to 75%
of the gross floor area of the primary
dwelling unit or 1,000 square ft
whichever is
less the location again we have 5 foot
for the side and rear and then the same
front setback that is allowed for the
main home you still are bound by the
lock coverage you can't exceed the lock
coverage that's required for that zoning
District as I mentioned the setbacks 5T
however currently we
require that home step back so we are
keeping that in the code at 5 feet you
can go to 10 feet in height with your
accessory dwelling unit and for each
foot above 10 ft you have to step back
one foot
and the height cannot exceed the height
of the base zoning District so if your
base zoning District if your primary
home is allowed to go to 30 ft your
accessory dwelling unit can also go to
30
ft while we are not allowed to state
that the accessory dwelling M unit match
the exterior design of the main home the
bill does not prohibit us placing design
restrictions on Accessory dwelling units
what's shown here are the design
standards that are used on all single
family homes in the town of gilberg
currently and we are going to place
those on Accessory dwelling units as
well we're allowing built-in cooking
facilities they can rent these separate
and apart from the main they cannot
build on utility easements they have to
use the refu services of the main home
elevations we want articulated we don't
want a conx box out there with a door on
it uh elevations facing public view we
want architectural treatment
on entryways being well lit these are
just standard design that is are
currently used and they were adopted by
the town I believe in '96 and they've
been in Ed since
then next step November 6 Planning
Commission here ing December 3rd it
comes back for Town Council hearing and
January 1st is when the regulations all
go into
effect so that concludes the
presentation on House Bill 2720 on
Accessory dwelling units unless there
are any questions at this time council
member
Kowski Eva you mentioned specifically on
one slide that long-term rentals cannot
be prohibited could you speak to to the
plans surrounding short-term
rental um mayor council member Kowski I
cannot we did discuss that in our legal
meeting this morning and we will be
looking into that but currently it just
addresses long-term rental unless I
don't
know Rob if
you you know more on short term I think
you spoke on this last time as well um
yeah mayor and council member kski um
the legislation actually um mandates
that we do not we do not have any
controls over over short-term rental so
in other words we can't require that
they only rent them longterm which was
actually one of our one of our main
sticking points uh as we tried to find a
compromise on this on this bill was um
you know one of our arguments was if
we're looking at um the the production
of affordable housing um because of lack
of affordable housing not sure how the
how the uh provision of of short-term
rentals addresses that need but but we
aren't able to to restrict any of that
under the under this legislation thank
you I have one other question um Ava you
mentioned that one of the one of the
accessory dwelling units could be
attached and one could be
detached we had talked a little bit
about what it meant to be attached
during a previous issue what are the
definitions surrounding attachment
currently and proposed mayor council
member Capri those were recently adopted
I believe it was a probably a little
over a year ago um we have standards
continuous roof line has to look like
it's attached separation of not more
than 10 feet I'd have to if you want I
can look up the definition but those
were some of the main standards for that
but those were adjusted or adopted they
were adopted yes thank
you council member
Buckley okay can you I'm going to go
back just a little bit to clarify
something so we talk about the building
envelope which I believe you know being
in real estate most people utilize their
full building envelope for their home
not everyone does but so you talk about
the building envelope but yet
people can build their citas or extra
units within 5 feet of the fence next
door so where does that building
envelope come in and the five
feet that goes over can you can you
define that a little bit so it's a
little bit more clear certainly mayor
council member Buckley building envelope
when I speak of it in this bill those
are the setbacks for the main home right
so accessory dwelling units currently
met the setbacks for the main home
unless certain in consideration they're
built over an existing garage but for
the most part with the new bill they
will be allowed outside of that building
envelope in the side and rear yards to
the 5 foot setback line they still for
the front yard have to abide by whatever
the setback is for the primary residence
okay okay so that clarified that because
you know I kept thinking we have the
building envelope but we can build
within 5T of that so anywhere outside of
the building envelope they can build
what about the setback for the backyard
backyard and side yard they can build
outside of the building envelope up to
the 5 foot setback so we have a 5-ft
setback in the rear yard on both sides
but whatever the zoning District
requires for the front yard be it 10 20s
the same correct and can they add
additional garages I know you mentioned
that but I don't
recall what that ended up being um
council member Buckley by additional
garages do you mean onto the accessory
dwelling unit or
on yeah housing the either your extra
family you may put your kids and their
kids you know in one of them and they
have three cars and you only have a
two-car garage and maybe two spaces to
park right and and mayor council member
Buckley that that is a concern the
parking because our on street parking
does get congested certainly um they can
build as many garages on their property
as long as they meet code an access
accessory dwelling unit can contain a
garage as well it just still has to meet
the th000 square foot at the 5 foot
setback you just you just have to be
able to drive into and and some aspect
right yes I would you know you need to
be able to back out of it too which is
the tricky okay well that's good thank
you thank you very much you're
welcome any other questions for
Ava thank you AA we'll move on to the
next I say I'm still here right into the
next one so presentation and discussion
on legislation related to Senate Bill
1162 protest procedures and time frames
for ad administrative completeness
review and final decision on residential
zoning application plus that is a long
title okay thank you so thank you mayor
and as you mentioned this applies to
residential zoning applications so with
the adoption of Senate Bill
1162 we have new time frames that we
must adopt but only for residential
zoning applications so only our multifam
our single family not are commercial or
industrial anything like
that so the first review is the
administrative completeness review so we
receive an application with a fee and
staff reviews it to make sure it's
complete to make sure it has all the
requirements so that we can review it
the determination of administrative
completeness must be made within 30 days
this should not be a problem staff
currently does this in under 10 days and
that is our goal so the first
administrative completeness 30 days
shouldn't be a problem we then if it's
not complete have to provide a
comprehensive list send it back to the
applicant we currently do that today
they resubmit second review 15 days
again shouldn't be a problem under 10
days currently and then it continues on
like that if a third administrative
completeness review is done
once it's determined that it's a
complete
application that's when staff and all
staff fire police Public
Works
planning start their review this is the
tighter time frame because from when it
is deemed complete we then have 180 days
until Council has to approve or deny the
application you cannot continue the
application it's 180 days from when it's
complete to when it's approved or denied
there are some extensions within that
180-day time frame staff can grant one
30-day extension and the applicant can
grant um unlimited extensions but 30
days at a time for the most part the 180
days shouldn't be a problem however
there are situations for instance if we
do a major general plan Amendment we
like because it benefits both the
applicant staff and our governing bodies
to run applications concurrently a
general plan Amendment with a site plan
for a residential Zone could take longer
than 180 days in that case we can look
at the extensions or we could separate
out the applications do the general plan
Amendment separately and then do the
zoning um I don't know that that
benefits either party but the 180
days not overly restrictive except on
those rare instances where we may want
to run things concurrently or we have a
project that um requires more than three
internal
reviews so 180 days and again approve or
deny within 180
days when looking at the final decision
section in our code again the 100 180
days only applies to residential so for
all other applications I was just
reviewing the language and it said that
um a final decision shall be made by the
board of adjustment Planning Commission
drb or Redevelopment commission and
oddly Town Council was admitted I
believe that was an error so we would
like to add you back in as a final
decision making on applications other
than the residential Zone
and then we've just added in additional
language to make the sentence
flow the other item addressed in here
separate and apart from the time frames
are the protest procedures we currently
have language in the code that allows if
there's an application that the
surrounding Property Owners can get
together and if 20% or more file a
protest in writing it would trigger a
super majority vote by the Town Council
the main change to this language is that
it now excludes government-owned
property from the
20% that seems fair I don't know that we
would ever do a protest in writing
against an applicant to trigger super
majority vote still allows the neighbors
to get together it's still the 20% they
also added in language that just further
explains how the vote changes if a
member of of the council has a conflict
of interest how it's still a super
majority but it's a 34 votes of the
remaining members of the governing bar
body once the conflicted member is
excused so that concludes that
presentation again same timeline
November 6 Planning Commission hearing
December 3rd Town Council hearing and
January 1st again our deadline for this
bill as well and those are the last
three bills that we have a January 1
deadline we still as um mayor and
council member Buckley spoke to have the
middle housing bill that we have another
year
for thank you Ava um planning
commission's going to be busy on
November 3rd and then I mean November
6th then we'll be busy on December 3rd
any questions or comments for Ava at
this time on this
bill council member tilki thanks mayor
um AA a couple of just comments I think
one um when we have a situation where
neighbors are very very upset and it
prolongs the
process if I'm hearing you right it
appears the best solution for that would
be the
applicant asking for extensions instead
of us requiring that am I reading that
right I would think think so this is
another item we discussed at legal today
we're reaching out to other towns as
well just to say what would you do of
course in this time frame if you have
180 days to approve or deny I don't
think an applicant would want to move
forward on the chance that you may deny
because you don't believe that you have
sufficiently addressed it with the
neighbors but
um this is this is the language that we
will be adopting so we do staff can do
130 one 30-day extension and the
applicant can do numerous Extensions by
30 days each well I just want to say I
appreciate that because if you got into
the strict 180 days the council would be
kind of stuck in a position they don't
want to be especially not getting all
the feedback from the community so um if
if if they did that down there this was
a good addition if we did it
congratulations for doing it here um so
I was trying to remember now I talked so
long I forgot what my next one was so
I'll just move on
thanks I think you took the glass half
full and I was taking the glass half
empty approach which was the legislature
passed this enforc the 180 days so that
the public doesn't have time to be
involved in the decision perhaps and so
you're giving them credit where I was
maybe taking it away from them but um I
think we could look at it either in
either in either way right um and any
other questions or concerns or comments
for Ava on this
one and if not May or if I may um just I
should have done it after the Adu
presentation I have Anna Cooper our
planning intern and Erica prer in the
audience they helped with a lot of
research and reaching out to other towns
on the Adu so and Anna actually made my
PowerPoint so that it was not an
embarrassment to me tonight so I hope
you enjoyed it
it was an excellent PowerPoint
presentation Ava thanks for being here I
think I met both of you at Larry's going
away party right yeah thanks for being
here and thanks for the help on these
bills um especially this Adu and I know
that it's been difficult to get through
all of the pieces of each of these bills
it's a little confusing so I appreciate
that any other comments or questions at
this time seeing none thank you AA and
thank you and that takes us to the end
of our study session agenda so we will
adjourn and you have a little free time
everybody till we have student of the
month at 6 thank
you for