Study Session - 8/6/2024 5:00:00 PM

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good evening everyone I'm going to go
ahead and get the study session started
for August 6 2024 I'll call this meeting
to order we have um three items on our
agenda but I believe one is being
continued so we will start with the
presentation and discussion on
government property lease excise tax
better known as
jlet not giblets we've been talking
about those too but no jlet Dan
Henderson coming to the podium good
evening
Dan there we go great good evening mayor
good evening Council um delighted to
chat with you about government property
lease excise
tax I don't know if delighted is the
right word Dan but we appreciate you
being here to discuss jeepets with us
mayor this is one of the few tools in
the economic development toolbox so
always excited to talk about those
programs for sure um so
uh I've got a recommendation here up on
the screen for you but by way of a
little bit of background during the
adoption of the Northwest Gilbert
Redevelopment area citizen concern and
Outreach indicated that the community's
preference was to not use government
property lease excise tax or gyplet we
all pronounce it just a little bit
differently but nonetheless the acronym
um these tools on any Town owned Parcels
of spec of specific
concern was the provision to which the
excise tax rate can be a b Ed for the
first 8 years after a certificate of
occupancy on the building um if the
property is located within a central
business district and a Redevelopment
area so the town of Gilbert I think it's
important to mention has never used nor
does it plan to use gyet abatement tools
accordingly to address any concerns and
clarify Gilbert's intent staff by way of
this recommendation before you here is
requesting council's support in removing
any potential use of gyplet or the tax
abatement um pursuant to the state
statute however given the requirement
for a designation of a central business
district sort of in relation to a
current House Bill
2721 we're recommending a resolution
restricting the use of gyplet
and so by way of a uh little bit of
background um we thought um sharing with
you at a high level jlet is a
development incentive established by the
State in 1996 and among many things um
gyet allows a city or town to Abate the
tax provided uh under this article for a
limited period of time beginning when
the certificate of occupancy is issued
and ending 8 years after the certificate
of occupancy is issued on government
property improvements and so in essence
a developer could sell a piece of
property to a local municipality in
order to Abate property tax burden for
eight years within a Redevelopment area
and a central business
district so we thought giving you an
example might help understand sort of
the transactional nature of this and so
um by way of the example in June of
2022 the Tempe city council considered a
jet tax abatement for the Hines proposed
14 story 200,000 Square F foot building
located at 250 Rio um this office
development is located near Rio solato
and The Ash Avenue alignment in this
transaction the company in this case
Hines would sell the site to the city
and the project would receive with
Council approval and adoption an 8-year
abatement on the property taxes under
that proposed agreement Hines would make
payments to area educational foundations
to offset the property tax revenue sort
of a uh inl um um sort of payment and
other payments in this example would be
made to the tempy coal ition for
affordable housing and hindes would
contribute
$150,000 for a planned Veterans Memorial
the developer would also fund
improvements on the Ash Avenue roadbed
and 1.9 million in public infrastructure
on Rios solato Parkway and so that's an
example of how a neighboring Community
might use gyet or this abatement sort of
U provision within the government
property lease excise tax um program um
furthermore the um there are arguments
in opposition and Arguments for the use
of jlet and so arguments in opposition
of jlet certainly suggest that it's a
it's the private um private Market or
private um sort of um you know sort of
the real Market job to pick winners and
losers not necessarily the local
government and that that tax abatement
NE negatively impacts schools we saw in
the transaction how there can be a
payment in L to sort of make things
right however arguments in support of
jlet suggest that it turns blighted
projects into Community assets and
partners with developers to distribute
risk during the most volatile time that
sort of first couple of years um in this
case the first seven or so years of the
development but let me be
clear this is not the way with which
Gilbert would want to use or even um
move forward with gyet and so um under
AR
ar42 government property lease excise
tax abatement allows for that tax rate
on Government properties to be abated
for the first8 years after a CFO um on
the building is issued this is not a
tool that Gilbert has used plans to use
or or necessarily wants to use and so we
just wanted to come before you
as we were um adopting a new
Redevelopment area uh earlier um well I
guess at the end of the fiscal 24 in uh
in June we established a new
Redevelopment area making um two
essential Redevelopment areas in Gilbert
certainly one is the Heritage District
this has been um one of the areas um the
first um the first Redevelopment area in
Gilbert which was designated in 1989 and
then as we move forward to what you
adopted uh in uh in late June we
essentially adopted another uh area for
redevelopment this is where things get
kind of a little odd um in that there
was new legislation proposed House Bill
2721 which was approved by the St State
Legislature in May and requires that
municipalities with a population of
75,000 people or more adopt
regulations related to Middle housing
such as duplexes triplexes fourplexes
and town homes you'll hear a little bit
more about that when Kyle comes up to
present um in or Ashley comes up to
present in um in establishing a central
business district um however as a first
step to the implementation of this new
statute the town is seeking to adopt a
central business district to identify
the area in which middle housing will be
authorized by right on property zone for
single family this item will also be on
the council agenda this evening and the
Heritage district is being proposed as
the central business district under this
new
legislation so next we wanted to give
you sort of a slide that articulates
this point what the house bill
2721 under um AR 9-46 2 um it allows for
Middle housing it defines um very
different it is defined very differently
um from the statute um in uh in article
42
6209 um but in this house bill 2721 it
cannot be used for tax abatement of any
kind including what we're talking about
here government property lease excise
tax and so we tried to use this image
and this graphic to show what 2721 does
under a different uh under a different
statute um whereas in title 42 um there
is a statutory mechanism for allowing
the tax abatement for um government
property
improvements so in moving forward I want
to get back to my Rec recommendation
that staff has before you we are
recommending the adoption of a
resolution that restricts the use of
government property lease excise tax
abatement on government-owned properties
and that's what brings me here before
you this evening I hope that through
this presentation we've given you a
little bit of an introduction as to um
how the the terms are similar in central
business district but the way with which
they're used are very different and so
as to be as transparent as possible with
not only you the citizenry the
development Community Etc we want to
adopt a resolution that restricts the
use of jlet and more importantly um the
tax abatement provision and so with that
mayor and Council I'm open to any
questions that you might have at this
time thanks Dan it does get a little
confusing when the state legislature is
really using it in a couple of different
ways especially for our residents um we
get used to the confusion unfortunately
but yeah it does it's harder for our
residents does anyone have any questions
or comments for Dan on this
topic yes council member toi thank you
mayor um what item is this again what on
the agenda do you
know um I trying to find it real quick I
do not know what item this is on the
council agenda thank you thank you very
much um I wanted to pull it up because I
was under the impression that the
resolution I just want to make sure I
have my words right
um sorry I was trying to find it while
you were
talking that it prohibits us from using
it not restricts us and so I'm I'm
trying to make that designation based on
the wording here um so the wording says
that we do not desire to enter into any
transactions or agreements involving
jlet um or to establish the central
business district as defined in um
article
42 and that we shall not pass any
resolution or ordinance approving any
agreement establishing a lease of town
property
provides for payment of gyplet so I
think that's just a little different
than the word you're using restricting I
think we are passing a resolution that
says
we uh will not enter in into any
agreement I just want to confirm that
that's what we're doing mayor council
member T DKI that's correct we are
attempting to enter into a resolution
that restricts our ability to use that
for the purpose of tax abatement
okay um I I just know this is a big
issue for some members in the public and
I just want to clarify that if we pass
this
resolution the only way we could enter
into an agreement using a gyplet we
would first have to change this
resolution so it's not like we can pass
a resolution and then change our mind
later mayor council member chki that
certainly my understanding but I'll
defer to Chris Payne for his sort of
legal perspective on the
matter mayor council member that's
correct this ordinance later tonight on
the agenda if passed um it says the
council shall not pass any resolution
ordinance approving any agreement with
this giblet and so in order to do so if
a future Council wanted to do so they'd
first have to resend this resolution and
then they could go forward and the
council could proceed if they CH so
choose okay and and in doing so that
would be a public discussion as well
absolutely that' be a public discussion
on a public agenda to do so great thank
you very
much any other comments questions for
Dan seeing none thank you and um council
member tilki that was my first question
for our town attorney
because technically we can't lock future
councils into something like this so we
can pass this resolution at this time
that the members of this Council are
saying we don't have any plans to use a
gyplet in the future but they would have
to reverse this resolution before they
could move forward with anything else so
and again that would have to be a public
discussion just like we're having this
evening so thank you Dan appreciate
it next on our agenda is the
presentation and discussion on
legislation related to the central
business district
oh it's Rob first hi Rob welcome to the
podium hello mayor and councel keep you
guessing a little bit who's coming
up so my role here with this
presentation is going to be a brief one
and just kind of um tie this into the
larger legislative context but uh Dan
already did a pretty good job of did a
great job I should say of explaining um
some of the the central business
district component of House Bill
2721 um so it's a little unique in in
the action that you're or I'm sorry the
the discussion that you're having
tonight and possible action later um
because it's really related to this one
specific provision within House Bill
2721 which is the designation of a
Central business district um that falls
under a a basically a separate section
of the bill that's under the general
effective date of September 14th but the
totality of House Bill
2721 uh actually takes effect January
2026 and we're required to pass an
ordinance prior to then um to establish
the parameters around that legislation
so um the establishment of the central
business district is just one component
of that that will then factor in into
that later ordinance so in order to
comply with everything when we pass that
ordinance later we need to designate
that Central business district now since
that's a general effective date of the
legislation um so so the the bill itself
what it does is it provides for for
duplexes triplexes and quad plexes
within certain single family District
single family zones uh under specific
circumstances which those would be um
those would be outlined by that
ordinance that that we pass in the
future where where we're then able to
limit that that type of housing or limit
that type of housing product to um as I
said that that ordinance must be adopted
by January 2026 and what happens if we
don't comply if we don't if we don't
pass an ordinance by that time then um
there this housing this this type of
housing would be available in all of our
single Dam family districts throughout
our entire town so that's why the the
central business district pieces is
tonight so that we can so that we're in
compliance with that piece and then can
comply later with with the ordinance um
otherwise we're not able to then kind of
be strategic with where we where we
limit or where we we um make that that
type of housing
available then just to um just to
provide a little bit I guess higher
level perspective when it comes to some
of the housing and and development
related legislation um as you all know
housing availability and afford ability
have really been priority issues among
the members of of really both parties
both Chambers in the legislature and the
governor's office really the past two or
three sessions um you know obviously
there's a lot of a lot of complicated
factors they go into the cost of housing
and the availability of housing but um
much of the legislation has focused
particularly on kind of the the local
government piece are our um zoning uh
zoning requirements and and development
processes and and that type of thing um
you know we also appreciate the need for
for housing and for affordable housing
and housing availability um and our
development services team does a great
job of being being flexible and and
proactive and and working with um the
industry to to identify those needs um
we've also we also continue to work with
the legislators and the other
stakeholders on um finding compromises
on on the legislation that is out there
um to to try and um make sure that it's
that it's uh bills that that won't uh
impact us negatively and and won't you
know be be something that's going to
have a detrimental impact to our
neighborhoods and things like that so we
really do try to find find compromise
you know we've um had an easier time or
or ended up in a better place with some
of these than others um but but I think
part of part of the compromise has also
allowed us to to to help um defeat some
of the bills that that were out there
especially this year a couple that that
we think really would have would have
harmed our operations and and been been
detrimental to our neighborhoods so um
so a couple of those that we outlined
here on this slide just wanted to
mention um as as a couple of the other
kind of Housing and Development related
bills that that passed this last session
um like 2721 that has that that
effective date of January
2026 these other two bills both have an
effective date of this coming January
January
2025 and and the two bills I'm referring
to um House Bill 2720 which which I know
you've all already discussed here in one
of the study sessions that's the
accessory dwelling unit legislation that
allows for um adus in in the backyards
of of um residential uh
property and and then uh house bill
2297 which is the uh the Adaptive reuse
legislation that allows for uh multif
family residential development or
adaptive reuse on up to 10% of total
existing commercial officer mixed use
buildings under certain conditions so
again both of those you will see coming
back to you sometime between now and and
January um because those both also
require local ordinances um prior to
their effective date so uh with that
that we just wanted to kind of put this
in the perspective of kind of how it
fits within the legislation and and uh
explain a little bit more about the
unique discussion tonight since it's um
really just one piece of uh that that
bill that will'll be coming back to you
later in the form of an ordinance so I
will turn the rest of this presentation
over to Ashley unless anybody had
questions now otherwise I'm happy to
make myself available later as well any
questions for Rob at the wa seeing none
thanks
Rob uh thank you mayor and councel um so
I'm going to dive just a little bit
deeper into the legislation um
having that background
there we go thank you um so as Rob
mentioned in May the governor signed
House Bill 2721 pertaining to Middle
housing um this bill will go into effect
September 14th um which is why we're
we're moving rather quickly um so that
the the uh Central business district is
in effect and established prior to that
effective date um and so what we will be
asking of council uh later on your
agenda this evening is to designate a
central business district within within
the town um subsequent to this um action
tonight we will be bringing forward a
general plan amendment that will
identify the central business district
um and a Land Development code amendment
that will Define what a central business
district is that'll be on the August
20th um Council agenda and then between
um the establishment of the central
business district in January of 2026
staff will continue to work on those
regulations and bring them back an an
additional time so uh this isn't the
first time we'll be talking about this
with you certainly um so uh Rob
mentioned it and Dan mentioned it a
little bit as well but House Bill 2721
requires that by January 1st of 2026 we
authorize by ordinance um regulations
that allow for the development of
duplexes triplexes forp plexes and town
homes um what they call middle housing
uh and these are to be allowed on both
of the following so on all lot zoned for
single family within one mile of the
municipality Central business district
and additionally on 20% of any new
development on more than 10 contiguous
Acres within the town and that is not
contained to that Central business
district and buffer area uh the
legislation also indicates that if a
municipality does not adopt regulations
allowing for Middle housing as described
previously um it will be allowed on all
Lots zoned for single family residential
uh within the municipality without
limitation um the legislation further
defines what a central business district
is uh it's an area that is primarily
non-industrial attracts Community
activity and is the geogra graphic area
that the municipality has designated as
its downtown at the effective date of
this uh section so that definition
really drove the area that we are
proposing as our Central business
district which is the Heritage District
uh we wanted to provide um kind of a an
image to Council of what that area looks
like and what that buffer area would be
um so this shows a one mile buffer area
outside of the Heritage District
boundary it impacts just under 9,000
Lots 800800
8,890 of them are developed while 55 of
them are are vacant within that buffer
area um one thing I didn't mention in
the legislation is that it excludes
areas that are unincorporated so um if
you can see on this map I know it's a
little difficult the dark blue are areas
that are in Maricopa County um so it
does exclude those properties from the
provision uh I also wanted to share with
Council a map of the the properties that
are Zone single family residential that
are 10 or more contiguous Acres
um that could have that second uh second
piece of it allowed so these
developments would allow uh middle
housing on 20% of any new development
that's 10 contiguous Acres uh so these
would be the available properties um
within the town you'll notice that a lot
of them are small strips um those are
actually open space areas within
developed areas uh communities already
um so really there's there's just a few
of those we've got the um a couple of
properties off of Al Vista um and then
the big one that you see along Power
Road is actually already has a a planned
area development approved on it um just
not developed at this
point uh so again the purpose of our
request is to comply with uh House Bill
2721 um in order to ensure that we're
allowing middle housing on Lots within
one mile of a central business district
and on 20% of any new lot of any new
development that's 10 contiguous Acres
or more um by doing this it allow us to
strategically identify the locations
where middle housing is permitted rather
than allowing it across the town as a
whole um Dan touched on this as well um
but wanted to just uh make sure that
we're addressing um the difference
between a central business district in
House Bill 2721 and the central business
district in title 42 so again House Bill
2721 is defined differently it's got a
distinct and different definition from
uh title 42 um it does not allow for tax
abatement through GPL um and it and the
central business district that we're
requesting commission to adopt does not
qualify as a central business district
under title 42 um within title 42 only
one Central business district is
permitted whereas House Bill 27 uh 21
would allow multiple areas um it's
defined as geographically compact um and
it has specific parameters that that
meet that uh Geographic
compactness um and then the title 42
allows for tax abatement um through the
use of GPL so the only thing that they
share in common is the name Central
business district um and we are
suggesting that ours be adopted pursuant
to House Bill 2721 through our
resolution we've identified that
specifically um and we will not allow
the use of
GPL uh so what we've done and kind of
what we have left to do the chamber
public policy uh committee received a
presentation on this a couple of weeks
ago they submitted a letter of support
um this morning for the Heritage
District being identified as our Central
business district uh and then this
evening we will ask um commission to
consider adoption of the central
business district tomorrow night
Planning Commission will hear our
general Plan update uh to incorporate
the central business district into the
general plan as well as the Land
Development code text amendment to
Define Central business district um
again it'll become effective on
September 14th and then from that point
we will continue to work on regulations
um related to allowing middle housing uh
and bring those forward to council uh
over the next year so um I mentioned the
general plan text Amendment so just to
cover that briefly uh the general plan
has a growth areas framework section
that talks about different growth areas
in the town one of those growth areas is
the Heritage district and so we would
just propose a very simple addition to
this section of the um General plan that
says uh the Heritage district has been
designated as a central business
district um pursuant to
uh Title
9 and then for our Land Development code
um text Amendment we would Define
Central business district by referring
back to uh the Arizona revised statute
for that definition so that concludes my
presentation happy to answer any
questions that you might have thanks
Ashley any questions for Ashley at this
time council member
tilki thank you mayor um Ashley I'm
trying to figure out the best way to ask
this um when we say
allowed I think the definition that
we're getting from the legislation
is that it's by right without public
input and in some cases design um
guidelines is that correct or am I
misunderstanding uh mayor Peterson and
and uh council member tilky so um really
it's it's adding it as an allowed use um
the any applications that move forward
would still have to comply with building
Heights that we are to establish over
over the next year um setback
requirements and things like that so if
they can make um the development work on
their property meeting our development
regulations then it would be in allowed
use does that help yeah as long as
there's still a public process that's
part of that I just want to make sure
we're not losing that uh council member
tilky there H it would not be a reone
application that would go to Planning
Commission and Town Council um
additionally there are some um limiting
uh there is some limiting language in
the house bill um that tells uh the
municipality what they can't do um so
for example um we
can't
uh set restrictions permitting or review
processes for Middle housing that are
more restrictive than those for single
family dwellings within the same Zone
and so
um we'll have to take a look at how we
currently process certain things um and
custom homes for example don't go
through a public process um and so we'll
we'll have to review what that means for
this as we uh develop those regulations
okay thank
you council member torguson uh and just
to clarify uh I believe I have an
understanding that since it is a loud
use and one of those I believe one of
those definitions was Town
Homes basically 20% of anything you if
they're 10 acres or more can effectively
be multif family correct uh mayor and
council member tus and that's correct
okay so that is not something we will
have uh a say in as far as that goes
other than the design
standards I'm looking at the uh
definition real quick for Town Homes um
yeah yeah so it's uh two or more
attached units in which each dwelling
unit shares at least one common wall
with an adjacent unit um that are
accessed by separate outdoor entrances
so there is no limit on number to
those gee thank you
legislature council member
Kowski oh we changed names sorry I'm
heard today excuse me Bobby council
member bani thank you um quick question
um
let's say I owned 10 properties in the
Heritage District which I don't can I um
knock down my old homes and put up a
bunch of these quad plexes and a couple
adus to throw in uh mayor Peterson
council member you could okay yeah this
this would allow for redevelopment of
those lots thank
you the whole point of this legislation
from our wonderful legislature what did
you call them council member ton our
wonderful legislature can't okay um the
whole purpose of this legislation was to
make sure that more housing was being
built even though there's like 185,000
permits sitting out there to still be
built they feel that it's not being
built fast enough and that cities and
towns are the problem and so they have
created legislation like this to make
sure that it can be built and we do have
a couple of pretty large pieces of
property like Ashley showed down velvis
to drive um Ashley something that I
thought of that I didn't think of the
other day when I was talking to you was
um what if a project comes in between
now and when the town of Gilbert sets
our regulations since that date is not
till January 1st of 20126 what happens
then mayor my understanding is that it's
not until the regulations are adopted
and effective that uh a land owner could
utilize this tool okay so even though
the bill goes into effect on September
14th the rules really don't go into
effect in our municipality until we
create our own guidelines that's my
understand and we have a cut off of
January 1st 2026 every city in town has
a cut off of correct okay thank you
appreciate it any other comments
questions thank you
Ashley number three was requested to be
continued um Ava sent us an email
earlier today so I'll move on to item
number four we get to talk about fowl
when you become a council member or
mayor you never know what the topics are
going to
be I've talked about peacocks and
roosters and chickens and coups and
medical marijuana Hi how are you good
evening mayor council members uh
Veronica Gonzalez principal planner and
I'm here to discuss uh a proposed LDC
text Amendment pertaining to Backyard
foul
so first a little bit of background um
as we know the legislature had a very
active session this year um there were a
number of bills that um impacted local
municipalities um House Bill 2325 was
one of those um it was signed by the
governor on May 21st 2024 on July 10th
uh the Planning Commission um conducted
a citizen review and initiation of the
proposed text Amendment
uh so the bill regulates fou on
Residential Properties and it does
necess necessitate that we uh take uh
make conforming changes to the
LDC uh the biggest change that we will
see that this bill makes is that it
allows up to six foul on lots that are
half an acre or less currently our LDC
standard is that a property must be at
least 6,000 square ft in area to keep
foul in addition to this the bill allows
the town to regulate male foul including
roosters as well as enclosures for the
keeping of foul our current LDC allows
one rooster for each 20,000 Square ft of
lot area and we'll actually be
maintaining this in the uh in the
proposed update uh regarding enclosures
for keeping of fou they will be limited
in size to 200 square ft um and may be
located in the rear or side yard as long
it is at least 20 ft away from a
property
line um um enclosures will have a
maximum height um of 8 ft unless they
are on a property that is less than an
acre where the maximum height will be
limited to the fence to the fence
line uh so moving forward uh this
proposed text amendment is scheduled for
the Planning Commission um at their
hearing tomorrow night following that
you'll see this on your agenda for
August 20th for you to take action and
make um
um to hear and take
action and with that that concludes my
presentation and I'd be happy to answer
any questions well that was the quickest
presentation any questions oh council
member Bon gavani I'm not going to do it
I'm not going to do it I'm not gonna do
it is there a definition of a foul uh
mayor Peterson council member banani yes
there is um according to the bill um
foul is defined as um
uh a male or female chicken so is a
chicken when it's in an egg chicken or
is it had to be cracked open to be a
chicken uh mayor Peterson council member
Bon Giovani uh there was not
specific um explanation as to whether or
not that includes a chicken before it's
hatched okay it's very important in the
counting of six so okay okay thank you
thank you
you didn't say it didn't do it I'm proud
of you for that one You Didn't Do It um
c yeah vice mayor where's your
video uh I refrained for this um
presentation but I'd be more than happy
to include it on August 20th you have a
video I did about chickens of chickens
fowls foul Patrick's even
laughing ccil member Tuson I don't know
if the chicken or the egg comes
first but I do want to understand the
rodents comment in
there uh mayor Peterson council member
tarason um the way our current code is
laid out they the rodents and foul were
limped together um in terms of um
regulation in terms of numbers and
whatnot um we opted to separate out the
rodents from the fell in the update so
that um the the numbers that were
granted per the bill are pertaining
specifically to foul and not to the
rodents tilky thank you um could you go
back to the page that had all that I
have to admit that I couldn't read the
foul when I got stuck on rodent so uh
because I noticed some changes here is
is that going to be coming to us later
is that why it's redlined or mayor
Peterson council member tilki that's
correct um what we're looking at here
are the striketh through and the
additions that will be in the ordinance
that will come before you on August 20th
okay and can you give me a definition of
rodent this creeps me
out mayor council member tilky I
apologize I don't have a definition for
rodents we have our own definition I'm
sure we do
I don't know I don't know but anyway
when maybe when it comes back you can
give me a definition absolutely I hate
to say it but I think a Havalina is
considered a rodent it it could be so I
think even like a ferret is considered a
rodent then you know based on the type
of animal it is I think but and I don't
know if it's a is it state code or our
is it state law or our code that would
define what a rodent is mayor uh both
this bill provides a definition of foul
as well as the mun code also provides a
definition of foul so both both provide
a definition okay thanks thanks I
appreciate a definition in the future
thanks what if they fight in the chicken
crosses the roaded sorry you couldn't
help
yourself you could not help yourself
each each $5 into the jar um we joke we
kid we said we had to start a jar for um
council member bonjan and his bad jokes
and he had to put money into it every
single time um the one thing that caught
me was something that you said about the
distance from the fence line and there's
a lot of words here and so the when
they're all in capital letters for some
reason it's harder to read like it just
all runs together the distance from the
fence line for the coupe property line
enclosures for keeping a fowl may be
located in the side or rear yard of the
property but shall be a minimum of 20 ft
from any property line
I don't know that I have 20 fet in my
backyard to keep space from property Lin
so I'm thinking of a lot of the
residents in the town of Gilbert
um and how do we maintain that or
enforce
that so that will mayor that will um
that will have an impact on smaller Lots
um it may be limiting um for those
smaller Lots if they are looking to have
an enclosure on their property for for
the foul to live in okay and that's part
of the law that came down from the state
legislature so that's the part that was
um signed by the governor in May mayor
that's correct this was um this came out
of Hospital 2325 and I laugh because you
can have an
Adu 5 feet from somebody's property line
but you have to keep your chickens 20 ft
away just saying our amazing
legislature um thank you Veronica any
other questions
comments oh Ava oh aa might have
aode that's the only definition okay so
we have a definition of rodent for you
um a rodent is any animal that is a
member of the order of rodentia
including rabbit and hair this is a
definition per the town of Gilbert mun
code
what roof rats they're not pets though
roof rats are not pets so those would
this would be considered a rodent that
you would keep as a pet in your yard not
like a roof
rat mayor that would be my assumption um
given the language in in our current LDC
um we do know that there are lots of
people who do have um different I guess
species of rodents that they do keep as
pets
yes thank you and maybe include that for
the conversation on the 20th too because
it may come up again I will do that may
thank you okay thank you very much thank
you yes I just thought one more question
Sor oh sorry the real council member
Koski has a
question um my question is would the
state law allow for any um additional
language regarding properties that don't
have adjacent properties behind them for
example the properties that are along
are uh trails and canals or
easements um is there anything that
would prohibit additional
language related to that uh mayor
council member caasi it it doesn't
appeared so in the bill um looking at
the language when um speaking about um
distances um for the enclosures from
property lines but we can certainly look
into that more um leading up to the
August 20th hearing that would be great
I think I'd be interested in um
potentially having that allowance
for those enclosures to be closer to a
property line if there's no
adjacent um building or business and
it's more of an open space area okay
thank you so somebody that backs up to
an SRP Trail or something like that yeah
thank you anything else anybody can
think of thank you so much we'll see you
back on the 20th with this one we um are
done with our items on our study session
this evening so I will go ahead and
adjourn the study session you have a
little extra time tonight thanks
everybody e