Gilbert · 2023-06-20 · other
Regular Meeting - 6/20/2023 6:30:00 PM
Summary
Summary of Decisions and Notable Discussions
- Proclamation: The council declared July 2023 as Parks and Recreation Month, highlighting the importance of parks in community well-being.
- Public Comments: Numerous residents voiced their support for the HD South project, emphasizing its significance for cultural heritage and community engagement.
- HD South Development: The council approved several related agenda items concerning the HD South development project, including a major General Plan amendment and zoning changes, after extensive discussions and public input.
- Ethics Handbook: The council approved the adoption of an Ethics handbook for elected officials and members of boards, commissions, and committees, which includes a provision for filing complaints within 30 days.
- Public Works Advisory Board: The council announced openings for the new Public Works Advisory Board, encouraging residents to apply.
Overview
During the Gilbert council meeting on June 20, 2023, significant decisions were made regarding community development and ethical governance. The council proclaimed July as Parks and Recreation Month, underscoring the importance of these facilities in promoting community health. The meeting featured public comments primarily focused on the HD South project, which received unanimous approval after thorough community engagement. Additionally, the council adopted a new Ethics handbook and discussed the formation of a Public Works Advisory Board to enhance town infrastructure and services.
Follow-Up Actions and Deadlines
- Public Works Advisory Board Applications: Applications are due by July 9, 2023.
- Ethics Handbook Implementation: The new Ethics handbook will be effective from August 21, 2023.
Please ensure to communicate these details to relevant stakeholders and prepare for the upcoming council sessions following the break in July.
Transcript
View transcript
anything it needs give me just one [Music] if we run out of room in this room this evening there is Overflow in our Tower room right off the lobby there's screens and able to hear everything that's going on here in the console Chambers too we appreciate the people in attendance this evening instead of thank you all right good evening everyone welcome to the Gilbert council meeting for June 20th 2023 I will call this meeting to order and move to our invocation that will be offered by Elder Trey Richardson of Center Church and if you'd come to that Podium please thank you for being here this evening we appreciate you glad to be here thank you I could ask us to please pray Lord we we come to you in prayer and first we want to thank you for those that are serving us here in Gilbert father thank you for mayor Peterson and the Town Council how they lead us Lord in leading our community father thank you for the First Responders and Gilbert that are available to us in crisis Gilbert Police and Fire Lord that keep us safe the Gilbert support staff that effectively serves from the background and finally Lord thank you for the veterans and the military personnel that have served us by serving our country so for this town council meeting Lord we just pray that you would give all of the council all the council wisdom and borrowing from what Apostle the Apostle Paul prayed for the Colossians in the first chapter he prayed wisdom for them Lord he said I pray that you'd be filled with the knowledge of his will and all spiritual wisdom and understanding so Lord that's our our prayer for these fine folks that serve us and Lord we pray for Unity and we pray against division in our community Lord there's so many different ways to be divided in today's culture may we discover how to live how to work how to serve how to play even well together may we embrace the principles found in your word that says we're to love our neighbors as ourselves finally Lord we close our prayer I close this Prayer by just expressing Thanksgiving for the greatest gift that we've ever received and that's your son Lord thank you for giving us Jesus Christ in your glorious gospel through him and the message that for God so loved the world that he gave his only son that whosoever believes in him shall not perish but have life Everlasting Lord we thank you and we ask your blessing on the remainder of the meeting we pray amen amen thank you Elder Richardson that was lovely we appreciate your time this evening thank you for joining us I just a reminder for everyone to turn off and Silent cell phones and devices I'll look to my left and to my right for that next we will have our Pledge of Allegiance led by council member Bon Jovani please I pledge allegiance to the Flagstaff next if I could have town clerk Herrera please take the role mayor Bridget Peterson present vice mayor Kathy tilkey here council member Scott Anderson here council member Chuck bongiovanni here council member Bobby Buckley here council member young Kapowski here and council member Jim Torgeson a quorum is president thank you chevelli I appreciate that councilmember kapowsky is joining us virtually this evening for this evening's meeting we have one Proclamation on our agenda this evening as a proclamation declaring July 2023 as Parks and Recreation month and council member Bon Giovanni will present this to the Parks and Recs Department Kylie Sorensen and team if you would please come down and join council member Bon Giovanni I'm good I can see hey team I'm excited about this one okay today our July is Parks and Recreation month whereas Parks and Recreation is an integral part of communities throughout the country including the town of Gilbert and whereas Parks and Recreation promotes health and wellness improving the physical and mental health of people in the community and whereas Parks and Recreation promotes time spent in nature which positively impacts mental health by increasing cognitive performances and well-being and whereas Parks and Recreation encourages physical activities by providing space for for popular sports multi-use multi-use pass swimming swimming pools and many other activities designed to promote active Lifestyles and whereas Parks and Recreation programming and activity and educational activities such as youth programming special events and Environmental Education are crucial in childhood development and whereas Parks and Recreation is fundamental to the environmental well-being of our community and whereas the U.S House of Representatives has designated July as Parks and Recreation month and whereas the town of Gilbert recognizes the benefits derived from Parks and Recreation recreation resources now therefore I Chuck Bon Jovani for Bridget Peterson mayor of Mayor of town of Gilbert Arizona do Proclaim July 2023 as Parks and Recreation months in Gilbert Arizona and I urge all citizens to celebrate by visiting your local parks and recreations a recreation locations [Applause] can I say whereas one more time whereas we're going to go this way okay you need to put an X here whereas whereas where the x is yep awesome here you go sir thank you councilmember bon Giovanni congratulations to our parks and recs team on that Proclamation vice mayor are you all settled over there I know it's been a lot to get ready are you good okay we will move into Communications from citizens the vice mayor will handle that portion of the agenda thank you mayor um welcome everyone the Gilbert Town Council values citizens comments and input anyone wishing to speak before the council must fill out a request to speak card for each item they wish to speak on and submit it to the town clerk or place it in the bin provided prior to the start of the meeting the communications from citizens portion of the agenda provides citizens an opportunity to identify for the Town Council matters of Interest or concern related to town government that are not on the printed agenda under the provisions of the Arizona open meeting law the Town Council is prohibited from responding to issues that have not been properly noticed therefore the Town Council may only listen to citizens who wish to address them on non-agenda items at the conclusion of the open call to public response is limited to individual members of the council responding to criticism made by those who have addressed the public body asking staff to review a matter or asking that a matter be put on a future agenda the town asked that when your name is called you come forward to the podium state your name and place the residence and then begin speaking all speakers are expected to observe common standards of decorum and courtesy personal attacks political speeches and threats of political action are inappropriate in this forum and will be grounds for ending a speaker's time at the podium mayor we have several speakers this evening and I'd just like to clarify because the topic is HD South and we do have an agenda item on consent agenda that does not take public comment if you want to speak and come forward it cannot be on the agenda published agenda item so I'm happy to have you speak you just can't speak on the agenda for those that are here I have not received a request to pull that item from the council agenda which means it'll be voted on with the rest of the agenda items so I just wanted to give you that information ahead of time you're always welcome to speak you just in this portion you can't speak on a agenda izone so I'm going to call your name if you want to speak please come forward it's three minutes the first one up will be Gail dish we'll need you to turn on the microphone you will see the timer there which will allow you to know how far you are into that so Gail come on down to this middle Podium right here thank you and the little red light should come on and push a little button down there the big button I think yeah there you go is that it good evening mayor Peterson vice mayor telkey and Our Town Council my name is Gail dish and I'm here just on behalf of HD South I've been a resident of Gilbert for 38 years since moving here in 1985 I have been involved in arts culture and preservation of history in our community I was the organizer of Gilbert's inaugural Global Village Festival almost 20 years ago now and I still continue to serve with global village on the steering committee and raising funds so that the costs are minimized for Guilt for Global last year I received the Geneva Clay Community award for volunteerism and I have been a long time member of HD South's Historical Society board what I'm here to say is that HD South is a wonderful gem in our community quite a treasure and I think that we all need to support it very wonderfully our community supported it in the last couple of years here with our new vision so what I'd like to say about HD South it's been the heart of Gilbert ever since we picked Gilbert as our home please join in continuing to enhance our town in our community thank you thank you Gail and thank you for your service to our community next up we have Joan McPherson and following Jim will be Wally dilecki hello mayor and members of council my name is Jim McPherson board president of the Arizona preservation Foundation our state's historic preservation advocacy organization I live in Phoenix I'm the only non-gilbert residents on the HD South Capitol campaign but since 2011 I've been involved in efforts to preserve and promote your Town's only building listed on the national register of historic places the 1913 Gilbert Elementary School now Gilbert Historical Museum it's a building with such a rich history that tells the story of your community with an equally Rich history but more importantly I've come to meet and work with incredibly dedicated and caring group of citizens who have devoted their time talent and treasure year after year after year to the place you all call home they care so much not only about Gilbert's past but its future and that's what building communities for all ages is about HD South provides a positive economic impact HD South helps to boost tourism H.G South enhances the Arts and cultural experiences not only for Gilbert but the entire East Valley and HD South offers unique and Innovative educational opportunities for the young old and in between again here in Gilbert and the greater East Valley and HD South in its devoted board and staff continue to stand ready to enhance the Heritage district and showcase the unique town of Gilbert as the vibrant forward-looking and caring Community you know it is and continue to be thank you thank you Jim very nice to see you again Wally dilecki is up and following Wally will be Maria Hesse good evening mayor Peterson vice mayor tilkey Town Council staff community I'm Wally dilecki I've lived here 45 years 1349 East catamaran Drive Gilbert for 23 years I worked on the campus and complex of HD South and I see it as the anchor to the Heritage District I see it the anchor to the public school system and moreover I think I want you to understand that Arizona law requires the citizens of Gilbert have an election in order for us to sell the land in the building to HD South it was a unanimous election not one negative vote was cast so thank you for the opportunity to share my thoughts with you thank you thank you Wally it's great to see you here in the council chambers Maria is next Maria Jose and Then followed by Alan Fitzgerald mayor Peterson vice mayor tolki members of the Town Council Town staff and guests my name is Maria Hesse and I've been a resident of Gilbert for more than 30 years tonight I'm advocating for HD South the home of the Gilbert Historical Society created to preserve the town's history H.G South has expanded its programs and services to include much more than history and the true Spirit of Gilbert we are intentionally engaging people of all ages in a broad range of Civic educational cultural and recreational activities as the former president of Chandler-Gilbert Community College and vice Provost at Arizona State University and now as a professor of practice in higher education at the University I'm a believer that we must be mindful to preserve and study our history in order to better understand our present and to plan for a bright future and I love the expanded vision for HD South providing intergenerational programming that further strengthens our community by creating a sense of belonging and connectivity those of us who have been serving on the capital campaign cabinet have raised 1.6 million dollars to fund the renovations and the expansions that are needed at H.D South this should be an indication of the support of our fellow community members for this organization in the directions in which we are headed we would sincerely appreciate your continued support for the important work that H.D South is doing thank you so much thank you Maria Alan Fitzgerald is next and following Alan is Sven Severson good evening mayor Peterson and all the town council members uh new faces for me as I've stood here a few times in total agreement with everything that was going on and tonight I expect that we're all in the same space HD South is a wonderful environment for something that I hold to be critically important for any community and a place where we can deliver excellence in our community and that's public art I have been part of the gallery four inside of the Historical Museum for about seven years the first exhibition that we put on there was early in 2017. we put on nine exhibitions in that space as well as other organizations in Gilbert such as the Gilbert Visual Art League and I know that public art is a very important tenet for the considerations that you all are making for the future of HD South I want to thank council member Buckley for attending the opening on the 6th of June and to ask you all to please join us down there the exhibition is currently up is there through July 28th and it is a photographic retrospective of the Heritage District it is Rings completely true with the history and the history museum in the sense that you can see Liberty market while they were still selling T-bone steaks you can see the restaurants that pre-existed uh Joyride and Postino and the beginnings of so much else so as the Gilbert Historical Museum the historical society and HD South this tenant for public art is alive and can grow and become more vibrant in our community and I do want to thank you all for standing up and seeing this Vision as how critical that can be and I do hope to see you in the gallery and at HD South in the future thank you very much thank you Allen Sven you're up next and um following will be Terry Natty hello everyone my name is Swan Severson I'm a 21 year old resident of Gilbert currently studying aerospace engineering at the University of Southern California I'm here on behalf of my mom Adelita Severson who is the chair of the HT South Capitol campaign cabinet she was unable to make this meeting tonight as she is out of the country so she asked her favorite son to say a couple words on her behalf so here's a dear Mary Peterson and members of the council Adelaide receiverson here chair of the HD South Capitol campaign but my day job as CEO and founder of Bush tax Incorporated an International satellite Communications company right here in Gilbert Arizona in the 22 year resident of this wonderful town I wanted to first thank you all for your support of H.T South Gilbert Historical Museum My Hope tonight is that you will continue to support the Gilbert historical society and HD South we are excited to partner our offerings with the town so we can continue in our efforts to serve our community while preserving our history I know you all are dealing with major issues that face our town but your support means volumes and for that my sincere gratitude to all of you genuinely AdAway to Severson finally it's me swine speaking this time uh I wanted to personally ask for your support as someone who's lived here all my life I love seeing how far Gilbert has advanced I remember always running into that construction on Lindsay as I was already late for high school wishing that it wasn't there after coming home from college and seeing that new on-ramp it makes me super jealous of current campus students who don't have to deal with that construction but it also makes me appreciate how much this town has progressed and for me HD South is very similar to that construction I've been a part of helping my mom with all the grunt work whether that be helping setup events film videos or read her speech to the Gilbert Town Council but I know I look back on this process and be glad that it not only added to the town's growth but also ensured we don't lose sight of our history and the town that I grew up in thank you all for your time and all that you do and I don't look at uh speaking to you guys as grunt work by the way but thank you and have a good night thank you so much Terry Natty is next and will be our final speaker foreign my name is Terry Natty I am a I live in a county Island within the Gilbert planning area I love to hear the community come out and speak of positive things I love to have a change of pace I'm sure you all are tired to listen to me but I'm back up here again with something not quite so positive um I know that I gave you all a copy of this many many months ago I don't know if you actually read it so I'm gonna assume that you didn't um I'm going to talk about lies and manipulation and what your staff is doing and I want the public to know about it too when I was told from the beginning by Fabiano what is truly driving the need for 65 feet of Ocotillo with for one half of the road um that was utilities under the ground obviously that's not true or there would be no diagrams that you guys were shown for 60 feet 60 55 feet or 50 feet easements um Slide Five which looks like this that you saw their numbers on residents directly affected are definitely manipulated this slide says 19. that is absolutely incorrect there are 19 affected homes marked in purple on the north side of Ocotillo alone plus three vacant Lots marked in green on the south side and there are 13 affected homes and two vacant Lots those are 32 homes on a total of 37 Parcels in your staff's own image when fabiani originally told me that rwcd required 20-foot and SRP required 12 foot on 6 8 of 22 I thought it was excessive in a phone conversation I had a few days later with Brad Strader of rwcd one of my neighbors had with Henry Solis of SRP we discovered that those measurements were indeed inflated that rwcd typically requires 14 feet and SRP typically requires eight feet this is the beginning of me uncovering Fabiano's lies during my small group meeting Fabiano and reinheimer told us that SRP dictates whether lines are overhead or buried and whether I and when I asked if the lines could remain above ground reinheimer even went so far as to say that the relocated overhead lines on Val Vista will be relocated again when the subdivision goes in per SRP requirements I said that's illogical she agreed I and said it wasn't an option more not more lies in a conversation with Henry Solis myself in November of 22 he told me that SRP does not make the call on whether the line is above ground or below ground SRP does what is requested as long as the request is reasonable safe and within their parameters uh slide 26 number nine Town deviations to or deviations to town standards at 55 feet they would said that no there would be no room for existing relocations this is just three of eight minimum lies and or manipulations on the part of town staff to you to me to the rest of my neighbors and to the public and it's not okay it's not okay thank you Terry mayor with that that is the end of the communications from citizens thank you vice mayor now we'll move into our consent calendar so I'll turn it back over to you we had some changes to that this evening we did so we've had some addendum items add to the consent agenda um first I would like to note that item number seven will be has been resubmitted as a change order instead of an agreement and that is item 25A we will be removing item 31 which will come forward to a future agenda um also we will be bringing forward item number 43 as part of the consent agenda as a motion to appoint the veterans to the veterans Advisory Board Aaron henningen Peyton Parker Pamela Ryan Smith and Dave Rosenfeld with terms beginning June 16 23 through ending June 15 2026 and with that I will this is going to be a long list so please be patient but there's been some additions and I want to make sure we we get all of them and if I miss anything please call me out on it um I make a motion to approve consent items number two three four five six eight nine ten ten a 10 B 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a 26 27 28 29 29 a 30 32 32 a 33 a 34 35 and 43 as noted I have a motion to approve can I have a second second I have a motion by vice mayor tilkey a second by council member Torgeson please vote mayor Peterson I do have council member kaprowski's vote to consent items um consent items 10A 10B 25A 29a 20 32A 33a 23456-30 32 35 and 43 so just reaffirming the vote and that would be a 7-0 vote correct unanimously passing with um councilmember Kapowski voting via the clerk's office this evening thank you chevelli for that thank you councilmember koprowski thank you vice mayor it was asked if the council would consider going down to the floor and taking a picture with the members from HD South that are here this evening similar to what we did with rwcd a couple of meetings ago is anybody anybody be willing to come down and have a photo taken great join me down on the floor please thank you for indulging us for a moment everyone we will now move into our public hearing portion of our agenda items will be heard at one public hearing at which time anyone wishing to comment on a public hearing item may do so comments will be heard from those in support of orange are in opposition to an item them we have several items on our on our public hearing agenda this evening we have two liquor licenses and then number 38 and 39 which I know will require extra time number 4040a 41 and 42. does anyone require additional presentation or comments for the two liquor licenses or 4040a 41 or 42. seeing none I'll open the public hearing on items 36 37 40a 41 and 42 close the public hearing and see if I can get a motion to approve those move approval seconds I have a motion by council member Anderson seconded by council member Torgeson please vote we have a yes vote from council member koprowski as well thank you that motion passes with a 7-0 vote including councilmember kapowskis and we'll go back to items 38 and 39 I'm going to open the public hearing on both of these items together I understand that staff has a joint presentation and the applicant has a joint presentation we'll open items 38 General plan GP 22-05 zoning z22-05 also GP 23-12 and zoning z23-04 and ask our staff member Veronica to please come to the podium for her presentation I'm let me also comment that we have some online public comments received we had for number 38 we had a total of 47 in support of and two in opposition of and for number 39 we had 42 in support of into an opposition of thanks Veronica good evening mayor council members Veronica Gonzalez from planning here to present for you the cases gp2205 and z2205 for the ranch and GP 2312 NC 2304 for residences at the ranch the site is approximately 311 Acres located between Elliott Road and Warner Road on the west side of Power Road the project has been divided into two parts the first part being the 271 Acres which includes the major general plan Amendment which is to change the land use classification from industrial general office and General commercial to Industrial and General commercial as well as rezoning to change the zoning districts from light industrial Business Park and General commercial to light industrial General commercial and mixed use large all with the pad overlay Zone is a minor General plan Amendment and rezoning a request on approximately 39 Acres the minor General plan amendment is to change the land use classification from industrial general office and General commercial to residential 14 to 25 dwelling units per acre and General commercial the rezoning request is to change the zoning from light industrial Business Park and General commercial to multi-family medium mixed-use small mixed use large and General commercial all with the pad overlay both the major and minor General plan amendments propose to change the existing mix of land uses on the property on the left hand side of the screen here is the proposed land use mix for the major general plan Amendment so the 271 Acres the proposed land use classifications are 221.3 acres of industrial and 50.3 Acres of General commercial on the right hand side is the proposed land use for the 39 Acres that make up the minor General plan Amendment the requested land uses within the 39 Acres includes 35.7 Acres of residential 14 to 25 dollar units per acre and 3.8 Acres of General commercial the purpose of this 39 acre area of the development was to provide that additional buffer between the existing residences to the west and the future proposed industrial uses on the property the property is identified in the general plan as being located within the Power Road growth corridor um as part of this growth Corridor the areas identified as a prime location for employment uses because of its proximity to the Santan freeway and the Phoenix Mesa Gateway Airport in addition to that our general plan encourages mixed-use developments within growth areas where higher density residential components of a mixed-use project is designed as an integral part of the development and creates a distinctive a distinctive living environment and as we all know the property is also located within the Morrison Ranch character area the land use policy within the Morrison Ranch character area does encourage a creation of neighborhoods with a variety of uses and densities as long as they integrate with the overall rural character of the area to accompany the major general plan and minor General plan amendments the application the applicant is also requesting to rezone the property again on the left side we see here the 271 acre portion of the site where within this area the proposed rezoning is to approximately 221.3 Acres of light Industrial 46.4 Acres of General commercial and 3.9 Acres of mixed juice large down in the southwest portion of the site is approximately 18.2 acres and this is noted as restricted light industrial on the plan what this means is that the buildings within this 18.2 acre area will be limited in height to 35 feet and any roll-up or bay doors on the buildings will be oriented on the east side of the of the buildings away from that west side on the right side is the proposed layout for the rezoning request for the 39 Acres within this area the applicant proposes to rezone approximately 14.9 acres to multi-family medium nine acres to mixed use small 11.7 acres to mixed use large and 3.8 acres to General commercial and again the intent of this zoning pattern is to create that buffer that that is desired by the residents for from the future employment industrial uses so the general plan and Zoning classifications on this property have been modified since the original request in 2022 um and you'll see that broken down on this Within These tables here um The Proposal before the council tonight still includes Industrial and Commercial components that were seen in the original request but a multi-family and mixed-use components have now been added to the land use and Zoning mix along the west side of the property and these new land use and Zoning designations will act as a buffer between the more intense uses of the employment industrial and the existing residences both rezoning requests do include a planned area development or pad overlay within the 271 Acres the purpose of the pad is to request accessory structures within the light industrial portions to exceed the maximum height of 55 feet or in this case accessory structures allowed to go up to 65 feet the standard height within the light industrial zoning district is 55 and this height increase would only be applicable to accessory structures the pad request for the 39 acre area is the result of the applicant and neighbors working together to create a compatible development that softens the transition between the different land uses and meets the interests of both parties the pad overlay within the 39 Acres includes items such as minimum design standards height limitations density caps minimum amount of non-residential uses on the ground floor of mixed the mixed use components of the project and here we have the proposed development plan for the site just to kind of Orient you a little bit here North is to the right so Elliott road to the right Warner to the left and then Power Road along the bottom of the screen here the bright green area along the west side is the Open Space Landscape buffer between the residences and the the remaining portion of the of the site the amenities within this area will include Landscaping a pedestrian Trail a double row of trees bench seating and the signature white split rail Morrison Ranch fence the area in yellow indicates where the multi-family medium would be located the area in light purple is where the mixed juice small would be located and that pinky beige color is where the mixed juice large would be located these areas are where the multi-family units will be located within the project where the maximum total number of units will be capped at 750 units the red areas designate the locations for the commercial and Retail uses and the aqua and blue areas signify the employment industrial areas I'd like to point out that this development plan also provides some internal circulation on the site the black dashed line indicates the residential and commercial retail traffic on the site which would mostly be filtering up to Elliott Road a little out to power and down south to Warner Road the yellow dashed line indicates the truck traffic for the employment uses and those will circulate out to Power Road and Warner roads another item I'd like to note is that if the council chooses to vote to approve this case any changes to this development plan would have to be approved by the Planning Commission and the Town Council through the public hearing process so what we've got here is the conceptual site plan to demonstrate how the two parts kind of fit together um this site plan is for illustrative purposes only the site planning the landscape plan the building design those will come along in the future as separate design review cases the project will be developed in phases phase one includes the installation of the Landscaping within the open space space area along the west boundary of the site once that Landscaping has been once the installation of that Landscaping has been completed then the developer May begin with vertical construction on the area called out as phase 1A phase 1A includes the multi-family mixed juice and the northern General commercial portions of the development within phase one the developer intends to build the multi-family in mixed-use areas from west to east but it is important to note that the site planning for these areas will be done in its entirety once a vertical construction has started on phase 1A the developer made them begin vertical construction on phase 1B which is the southern portion of the industrial uses phase 1C is the proposed General commercial located in within the southeast corner of the property and this phase may be built concurrently with any of the of the other phases within this plan phases two and three until the remainder of the employment industrial areas and these may not begin construction with the exception of roadways and utilities until construction of 13 acres and 20 acres respectively within the phase 1A area is underway this phasing plan is the result of the applicant and developer working together and has been agreed upon by both parties and again should the council vote to approve this project construction in compliance with this phasing plan will be required and any changes to this phasing plan would have to be approved through the public hearing process four neighborhood meetings were held regarding this project two were virtual and two were in in person some of the commonalities in terms of questions comments and concerns that we received from the residents in attendance were about noise truck traffic concerns with multi-family use questions about the landscape buffer and Building height in addition to these neighborhood meetings though the applicant met with members of the Morrison Ranch neighborhood several times to come to a mutually agreeable development plan and phasing plan um I'd also like to point out that I received a write-up from a Morrison Ranch resident this afternoon and I sent a copy to you so hopefully you've had a chance to read that indicating that he is an acceptance of the proposed plan the goals and policies of the general plan are meant to work together to provide a balance and compromise for development proposals this project will provide a mix of jobs commercial retail and residential that supports the goal of a plan of a balanced land use framework that provides transitions between distinct land uses promotes A diversity of housing types and contributes to an increase in the town's economic base and so on that note I would like to turn it over to Jennifer Graves from Economic Development to speak on the economic development impact of this project uh thank you Veronica mayor members of council delighted to be here Jennifer Graves deputy director for the office of Economic Development Economic Development was asked to provide some information on how employment-oriented land use and development aligns with the goals and priorities of the general plan efforts around job growth are focused on base industry jobs like the examples you see on the side in front of you that provide family supporting wages this type of job growth is critical to building a prosperous community and a strong economy Gilbert has just over a hundred and thirty three thousand resident workers and about 92 000 jobs resulting in approximately 41 000 net commuters or resident workers needing to leave the community every day for work within just the stem and STEM related occupations that Delta exceeds 14 000 jobs economic development focuses on closing that Gap by attracting and growing more job opportunities in Gilbert that can help support our residents and increase their quality of life reserving and providing areas for job growth is critical to create jobs and industries that provide family supporting wages and serve the needs of Gilbert as a whole at present Gilbert's development inventory and land use do not position the community to respond to opportunities to grow these types of jobs with only six percent of Gilbert's total land use designated for employment only about a third of that still available for development and existing inventory of employment industrial space sitting at less than three percent employment-oriented land is concentrated in Gilbert's designated employment areas and the map on the left of the slide highlights the vacant employment oriented land in red preserving and providing sites for employment and expanding and maintaining areas for manufacturing and distribution are not only key policies of the general plan but are principles that also support the goal of economic diversification through a healthy mix of residential commercial and employment land uses this is to help create a community that is financially sustainable and help keep taxes lower for Gilbert residents fiscal benefits from employment and commercial-oriented developments include things like impact fees construction sales tax lease tax as well as utility taxes and also potentially benefits from Gilbert residents who work in the community because more of their daytime spending will be here increasing the town's tax base the development themselves and their business operations that occupy these developments provide significant impacts to the community direct impacts come from business operations and their employees indirect economic impacts come from spending by the businesses supplying services and products to those tenants and induced economic impacts come from direct and indirect employee spending in the community as an example of the importance of diversification and how high value employment and Commercial development helps to keep taxes lower for Gilbert families consider that one 150 000 square foot employment building generates the same amount of secondary property tax for Gilbert as about 125 single-family homes working in harmony with our residential communities these employment and Commercial assets can help create the diversification necessary for fiscal sustainability these types of developments also directly build out critical infrastructure projects in and around their sites benefiting neighboring properties residences and commuters and now I'll turn things over back to Veronica thank you for your time thank you Jen mayor and council with that staff does recommend that um adoption of the resolution approving General plan GP 2205 for the ranch and to make the findings a fact and adopt the attached ordinance approving zoning case z2205 as well as adopting the resolution for General plan GP 2312 residences at the ranch and make the findings of fact and adopt the attached ordinance for zoning case z2304 residence is at the ranch and with that that concludes our presentation and I'd be happy to answer any questions you may have thanks Veronica council members any questions or Veronica at this time she will be able to come back up and respond to any afterwards so thanks Veronica next up we'll have the applicant Sean you'll go to this Podium you are I thought okay oh you want to use thank you sorry Sean sorry Sean sorry Sean sorry Mr Lake I didn't realize oh you have the thing that you thank you Sean Lake for the applicant I know you'll introduce yourself thank you my name is Sean Lake seven uh here on behalf of uh uh Langley call Meena and indicap on this project uh we appreciate the opportunity to be here um before I kind of get started I wanted to go over a couple of things because uh I think if we look around this room it's quite different than it was in November of last year regarding this project and there has been a substantial amount of work on behalf that the neighbors have put in their time in working with the Langley and and komina and indicap on this project to try to work together to try to come up with a solution and so we first the first thing I want to say right out of the shoots is express my appreciation for the time that they have put into this the neighborhood the neighbors and the groups and it's not just the groups that we we've met with but but everybody that has put a lot of time and effort into this because a lot of thought and Blood Sweat and Tears and and endless hours of knocking doors that the neighbors have put into this we certainly appreciate their willingness to work with us on this project and come to you with a plan that is supported by a majority of the people um about eight months ago this Council with some different members but the council for the town of Gilbert had a very different meeting in November of 2022. and at that time this Council directed the applicants and the neighbors go work it out go make something happen go get together go see if you guys can work it out and reach a compromise in that it involved working with neighbors and having Open Door policies with everybody that wanted to participate but that's what's happened that's why we're here this evening because if something wasn't worked out we're not coming back to council we wanted to come back to council with something where we've tried to work and come up with a plan that the majority of people so at the direction of the council we are here now eight months later with a plan that we believe is a good compromise that gets everybody a little of what they're looking for both with the town as far as economic development and the Town Council and the broader town of Gilbert but also Morrison Ranch who are very very much affected and in the Lennar project by this project um let me point out as economic development was just stating this will be one of the largest projects in the town of Gilbert as far as the tax base goes we're talking upwards of a billion dollars worth of uh assessed valuation or or taxes that could come out of this project I was on the phone today with our own Eddie cook saying Eddie what does this mean of all the taxes just taxes we're not talking jobs that Economic Development was talking about just taxes what does that mean that goes to benefit as was pointed out the secondary property tax and pay for a lot of the things that the town wants that benefit the entire town but also schools about 50 percent of that assessed or that tax of this property goes to the school district which we all want to have better schools and funding for the schools and so that money then goes to the schools and that's what we all want with that tax and that's without producing many children at all because most of this project will be a commercial type neighbor so they will not only pay into the system for the school district but they won't be putting a lot of cool kids in the system which is what we want to have that type of assessed evaluation so this is a big deal for the town as a whole as far as taxation secondary property tax school districts but also jobs and creating a lot um I also want to point out and it was raised throughout the process we want this we want that we really like that we need to understand we live in a free market I'm not a market maker the developer isn't a market maker the market is what it is today but it's going to change and it changes over time I've been doing this for 30 years I can remember doing projects in the town years and years ago or in the city of Mesa or in the city of Phoenix where I had planning directors begging me to bring apartment projects because we don't have any that's not the case today but the market today is apartment projects and and Rental project but that could change in two years that could change in five years and with this project that could change as well based upon how the market goes so as we present this case understand we're talking multi-family type development right now the market is for rental but that could change to a for sale type product for a town home or a condo type product that's all based upon what the market is when that's coming out of the ground and we often I remember in 2007 I converted probably 50 apartment projects to condos that changes as the market changes you you get through construction defect litigation those type of things so I'm not a market maker but that's what the market is today who knows what that market will be in two years with this project um we worked extensively with the neighbors and I thank the neighbors but I want to point out we were working through a private use agreement but we're still committed to put in our ccnr's restrictions on land uses like semiconductors and those type of things that use hazardous raw materials that could be dangerous and so we're still going to work with the neighbors and commit and I wanted to go on the record to say that we're going to work with the neighbors on restricting a lot of uses in our ccnrs that we've discussed and will work with them as we go forward and also remind everybody that this process does not stop here tonight with the vote of the council hopefully if the council so decides to move this project forward there's site planning and design review and permitting for many many years this is a big project that will take a long time to develop and and so we'll be at this hopefully with the town to have this project that will benefit the whole town for many many years to come and and finally before I get started I want to point out I think the change came um when we got some people involved in the project that wanted to create a legacy type project here not just do another industrial stamp project cookie cutter stamp it and go stamp it and go when Langley and Stacy got involved and colmina really stepped up to the plate and said no we want to do something different here we want to work with the neighbors to make something unique and different and outstanding and so I know it's been Stacy's goal from the beginning in working with these neighbors just to create something that he can continue to be involved in that will be a legacy for this area and I know in working with colemina and miss and the Bolin family they want to create something unique here that is a legacy something that they're proud of and we have several Legacy projects in the town but I think this can be another one that we can look back on and be proud on so having said that I'm going to go ahead and get started with my presentation that was my introduction sorry about that I'm being a little long-winded I'm a little excited about this project because it really has been a lot of work to get to where we are today as we pointed out in November we were given a mandate go work with the neighbors come back to us with something that works for everybody and we believe we have done that with the majority of the people we did we have staff support we have the Planning Commission support and we have a lot of neighborhood support for this plan when we started working with the neighbors really in November and December and January and February and March and April we identified several things that the neighbors were really concerned on that we had to change the plan to address we had to look at these and make changes to the plan and come back to planning staff sorry I'm pointing to playing staff they're usually sitting over here in the old days we had to make changes the plan we had to work with staff to fit within the law but also work with the neighbors to make something work that addresses their concerns and that's what we tried to do with identifying these are five of some of the many issues that we try to change the plan with the first was to look at the existing zoning this is not a vacuum a typical big zoning case in the old days was acre lot or farming land where your only other option is just to go farm it or build acre lot homes on it that's not the case with this property there's existing industrial zone property on this that goes right up to we'll say Morrison Ranch and Langley along our west side there is existing General commercial zoning that exists on this property today that has rights to develop for example the light industrial could build 25-foot landscape strip and building 75 feet off the property line that would be a right that they have to do The General commercial there's about a hundred acres of General commercial in the middle there's a lot of uses that could build right off of the property line on the west side today those are existing uses including residential multi-family apartments are allowed in General commercial that hundred acres in the Merc in the middle does allow Loft over first floor retail second third fourth floor multi-family apartments under the code today so those are some things that are allowed today but that's not a good plan that's not trying to work with the neighbors so on the right we came forward with a conceptual plan and a development plan that Veronica pointed out that we think is far better than what exists there today and addresses buffering and trying to work with these neighbors to make this a better project and to create something like the restaurant District that we're trying to create that really is something cool so let's go forward where were we were plans started out if industrial developers had their druthers here we would be here with a 93 percent industrial stamp plan with just a bunch of industrial on it that didn't work that didn't fly nobody liked it that was changed and dropped down to about 80 percent plus 10 a business park again a lot of industrial 80 to 90 percent type of industrial plan again that didn't work so we worked with neighbors to come up with a revised plan that created buffers on all side bringing that industrial the true industrial down to about 65 with some business park at about five six percent for a total of about 71 percent with a lot of really cool mixed-use commercial type development including a restaurant District in that project so that's the plan that we came forward we work with the neighbors extensively on now let's walk through some of that the first one of the big issues was the buffer along the west side that doesn't exist on the zoning today we agreed to work with the neighbors to take where the utility site is on the North West corner on their Eastern property line and just draw a line straight down all the way to Warner and create a big massive open space buffer between existing residential and food residential being developed and the proposed development that creates the largest buffer I've ever been involved in in 30 years of doing this project of doing this type of work it's about 16 and a half acres of open space that's equivalent I think to what was it like 12 football fields lined up along the west side and a substantial amount of that will be grass and open space that will work with staff going forward we created some vignettes or or some uh sight line studies of what it's going to look like from and across that open space from Morrison Ranch open space you can see up on the top or the bottom right hand corner where those Graphics would be looking through that open space buffer so it creates a huge area of landscape and open space across that that will help to buffer any future or the future development on this project one of the other key components was to create a a really nice destination restaurant area and there's a lot that goes in to make you just don't plop that up in the middle of nowhere you have to have a lot of things or elements that contribute and make that work and this plan we think does that but we created this unique destination restaurant retail area mixed use area right there at the entrance to Cactus Cactus yards sorry I've known it for too many years but right there at the interest of cactus yards which we think is a good convergence of a lot of activity that's going to not only happening now but as that grows and and it's it's busy all the time but there's a lot of people that will be visiting in addition to the Morrison Ranch in addition to the people that are going to live here and in addition to the people that live in the area that will be able to visit and help make this destination restaurant area successful we prepared some exhibits the staff of the quality of the type of destination restaurant that we'd want to see there at Elliott and Cactus yard way there's a traffic signal there today and that will be the entrance into that really destination restaurant area that was a critical component to the neighbors they wanted something cool they wanted something unique and we're committing in this plan to do that with the commercial development here's some other existing or some exhibits of of what that would look like in working with staff going forward should the council approve this we would work with staff on a site plan and elevations and building elevations and the next step on the design to bring this to fruition I think everybody's seen these Graphics so I'm going to flip through those first people who haven't seen them in the audience but really creating that destination area where you can go take your family go take your your partner or whoever you're going to be with and have a drink or have dinner or or just hang out and have a good time so it's it's really going to create a unique area as Veronica pointed out truck traffic was a big deal and so we created a truck traffic plan you can see on this the yellow would represent how that truck traffic would circulate they did not or we did not want to have trucks accessing Elliott we wanted to keep Elliot more of a a residential commercial type feel not a truck area so you can see the with the land plan we designed it so all the truck traffic will go out to power and down to Warner that would be represented by the yellow and then the more the passenger vehicle type business and residential type traffic commercial retail would be in the black and that's part of the the plan that we're presenting one of the other things in driving through this area the roads need to be done and so with this project there will be almost 20 million dollars worth of off-site improvements that will be completed with this project you'll have improvements to Elliott the power to Warner that will help finish this area off it's busy and the roads need to be done this plan is a viable plan and can help get those roadway improvements done at the cost of the developer so that's we're excited to see that happen including a traffic signal kind of at the the center of the project that will help facilitate movement in the area of all the truck traffic some of the physical buffers the existing zoning that's there today as I mentioned early on they could build industrial building 75 feet off of the property line with a 25-foot landscape buffer we created this huge buffer both with the open space along the west side remember all the football fields that green on the top represents all those football fields along the top but also with distance and with buildings where we created the Town Home Project which is that two-story kind of in the Middle with a restricted light industrial over adjacent to the Lennar so your first building is going to be 870 feet away from the property line in comparison to the existing zoning which you could build 75 feet off the property line so it is a big huge difference and enhancement or betterment of what's existing there today that vertical construction both with the the business park restricted light industrial and the town homes and the mixed use over there will create physical structures that will not only separate but will help with the sound to help dissipate that sound that would come oh from over a thousand feet or more internal to the project with the commercial traffic that goes so we created distance and vertical physical structures to help with that um I just talked about this we're also going to be restricting some of the uses in this light industrial area that we've worked with the neighbors that's part of our plan as well here's some views of what that would look like from the Morrison Ranch we also created a buffer from Elliott road that was important to the neighbors that Elliott remained different they don't want Elliott to become the truck traffic Corridor Elliot's going to be different more of a passenger vehicle type commercial retail traffic and so those buffers with the mixed use development and the retail development and the restaurant development along Elliott would do that both visually so as you drive down Elliott you're going to see residential buildings and Retail buildings as opposed to industrial buildings right out on the street and so that will create a much softer presentation to both Cactus yards but everybody who's driving up and down Elliott Road and here's some renderings of what that could look like with our design submittal with the different projects this would be the mixed use project this is where both the residential and would have some first floor retail on that that's presented in the plan as well I'm just kind of working through these I know you've all seen them you can see some areas with some first floor residential first floor retail on that design but very high quality nice project so let's talk about the Gilbert Town values I'm doing this tongue and cheap but I think it's also important and I enjoyed it last time so that's why I'm doing it this time um I think this project will help well let's talk about be driven it will help drive this portion of Gilbert into a different area it will create substantial employment jobs and taxes with almost a billion dollars in valuation that are going to go here it will benefit both the school districts and secondary property tax so all of the town of Gilbert by development here that the taxes just aren't happening today so it's driven it's kind in that we in working with the community and the neighbors we created substantial buffers that are significantly more and bigger than exist today and so it worked with the neighbors to be sensitive to the surrounding Community bold this developer is making substantial concessions to try to work with the community that is very bold in working with them they're allowing it or they're proposing instead of one big stamped industrial project that everybody would like to see and if you go across the street into Mesa on the other side of the rwcd that's what you see just stamped industrial projects building after building after building of industrial this is different this is bold this is unique where they've Incorporated a lot of different land uses into this 300 acres to try to make it unique and different and a place that as you drive down Elliott or power or Warner Road or you live in Morrison Ranch to the West you can look at and say okay this turned out much better than what Mesa is doing on the other side of rwcd this is very very bold and it's a risk for this developer most developers wouldn't take this risk but I think that goes to the type of Legacy project that called Mina and Langley want to do here to have something that will be they'll be proud of for years and years and years to come my favorite one is humble for those that know zoning attorneys and developers this is a difficult one to be humble because a lot of developers this is the way it's done this is the way it's always been done this is the way we're going to do it and that type of mentality gets you in trouble I think that my type of mentality got him in trouble but when they started to be humble and and say you know what let's sit down and listen let's listen to the neighbors let's listen to their concerns let's listen to what they have to say and then try to work with them to make something happen that is the humility I think that this developer and and and developers presented to the community to say hey we want to do something unique here we want to do something nice we want to do something that we're going to be proud of five years 10 years 30 years from now and sitting down and listening to the neighbors to be humble and and incorporating those into the plan that's the difference there's people that will listen and then there's people that will incorporate into the plan and that's the plan that we've presented to you tonight we think it's an outstanding plan we think it is it's going to be really uh something that we can be proud of now having said that we have a recommendation of approval from the planning staff and a recommendation approval from the Planning Commission in working with the planning staff we identified something in condition number six that we need to um revise if you remember over adjacent to the Lennar project here we have these restricted single-story Business Park type buildings these are restricted in height and and all the docks we design these buildings so the docks can't face Lennar or Morrison and Lennar here the docs have to face this way which means this is the front of these buildings facing the open space and so these are going to be business Suites and the way the stipulation is written is we can't have signage on the front of these business Suites which is a problem for us because when you drive up to these buildings there might be three businesses in this building you need to know which is XYZ Corporation or ABC business and in working with staff we said guys we have to have some type of signage that when you drive up you know which Suite to go into they said we agree let's work with you we just don't want big illuminated signs or lit signs that are going to be obnoxious and that's why we we came up with a a revision to condition number six that we would hope should the council choose to move forward would incorporate I think staff is supportive of this I'm getting a nod by the front row that this would allow these business Suites up here to have signage on the front door of these businesses so when people go to work they know this is you know Joe's business and Sally's business and their different signs you got to have that on the front of your business I don't know anybody that doesn't have a sign on the front of their their business to let people know where they are at so that is important we hope if you choose to move approval that you would do it with this revised condition of approval so I've been a little passionate about it this is a great project that has taken a lot to get here I think a lot has been done we've again I started with this and I'm going to end with this I want to express our appreciation for the Neighbors there's been a group of neighbors a large group of neighbors that have worked with us both in meetings but also called me directly called State Stacy directly and called I'm sure you council members directly and we've tried to really listen and incorporate those ideas to come up with a plan that we're presenting to you this evening so I appreciate those neighbors and their patience to be at this for eight months is a big deal and we appreciate their time in in working with us and trying to come forward with a plan that can be supportable by the council so with that I'm going to shut down and say thank you very much we appreciate your your time we hope you can see the value that this project will have to the town as a whole the value and time and effort that's gone in by the neighbors and the and the developer to make something that will benefit the town for many many years to come and so we hope you can support these four different applications and uh happy I'm happy to answer any questions with that thank you Mr Lake I think the neighbors have actually been at it for longer than eight months I think you came into it a little later than the neighbors did and they think they've been out they've been out for years longer with this case in particular any questions council member Anderson I see your mic on yes yes sir thank you I noticed on the side plan is there is there a particular reason that we're zoning the open space General commercial we didn't know what else to Zone it there's no open space zoning District I I was concerned of zoning it multi-family because then people might think I'm pulling a fast one so we didn't Zone it multi-family I didn't want to Zone a single family we just picked a category put it on the development plan and then restricted it okay it's not there's not enough depth there to do anything with commercial anyways there's not and the development plan wouldn't allow you to do that anyway it's restricted to be open space only and speaking of the open space could you describe again the treatment of that it's not all going to be Turf I'm assuming no and that's something we're going to be working with staff there's conditions that address that but there will be because we're adjacent to Morrison Ranch so there will be some Turf Incorporated that that's addressed in the condition of approval and that's something that we during the site planning and Landscape planning the design review that we'll be working through that process thank you are there questions for Mr lake at this time we will be able to bring him back up for more questions councilmember Bon Jovani can I ask one quick question oh I'm sorry Chuck it'll be quick this is kind of a silly question probably but you keep saying that the traffic you know we don't want that traffic on Elliott and it's going to go down power Road or down Warner Road it's gonna it's gonna go is it going out Elliott where is it going out from and I know it's on there but when they go out are they gonna they're gonna exit right on Power Road correct mayor councilmember Buckley let me clarify that just there's two different types of traffic that are generated by this project right the first would be more of your truck big business type traffic and that would be the the center of this development and that traffic we are if you're a truck and you need to go deliver something to another business the quickest route to do that would be to get out to power and go down to power get on the freeway or go out worn or based upon where you're at and at Warner go out to power and get on the freeway and leave that's where we want to focus the traffic out to power and Warner for that big truck type business heavier business type traffic that's different than the residential passenger vehicle traffic so if you live here or you're live here or you're eating here in the restaurant area or you live here or you're you're going to this retail area that traffic will go primarily out to Elliott or to power and we'll go that direction that's more of your passenger vehicle type traffic that we see out on Elliott road today and so we wanted to separate those two different types of traffic so that you didn't have um my wife and I going out to dinner it co-mingle or going out to lunch commingling with a 18-wheeler that's headed to Buckeye for example yeah okay that that explains that well however there's no guarantee when those trucks exit onto power of where they're going to go whether they may go down to power and turn left and still go down Elliott or still go down Warner that's a bit of a concern for me I mean we can't guarantee where they're going to go and I get that you are trying your best to have them exit in in the most appropriate way but I have a little bit of concern uh because they could they could take Elliot or they could take Warner all the way out to the 101 the arterial interior road so I have a little bit of concerns about that but I just wanted to clarify with you exactly where that's going that that's that's a great Point we've talked with our traffic engineer about that particularly your bigger vehicles like an 18-wheeler um I don't see them they don't like um arterial roadways or collector roadways they want freeways and so their preference to for them they physically because of the buffer that we've created here along Elliott they physically there's no way for them to drive out to Elliott so for a big truck to get to Elliott Road they're going to have to go out to the traffic signal on power and decide do I want to go get on the freeway and go to the 101 or do I want to go back to Elliott and take a surface Road somewhere to get on a freeway to go where I'm going our traffic engineer looked at this and and believes that just about all the big big trucks they're going to choose first and foremost get on the freeway less accidents less problems you can you can we can control our drivers how they you know when the tenants lease buildings where they go and how they go but once they get on an arterial roadway there's nothing to I guess stop a 18-wheeler from going wherever they went on they could but we think they're all pretty much going to go down to the freeway and head out of town wherever they're headed foreign thank you hello Sean yes sir I thought you were far away from me because you weren't going to included I was about 10 yards further yeah okay quick question for you um I noticed that the bay the truck base you're not going to face towards the neighborhood any consideration for these apartments slash potential condos to have the back of those buildings not have windows so they don't look outside and see these big buildings either can you put the bathrooms maybe I know you're not there yet but maybe put the bathrooms in the back of the building so there's no windows facing the industrial buildings because I wouldn't want to have an apartment or a condo looking outside and see in a building like that the mayor council member Bon Giovanni a great point and that's something we have talked with staff about designing these buildings and that's the next step that's the site plan design review and you can see on some of these or these buildings we've tried to design it so for example here on the Elliott roadside we've tried to design that those buildings face either East or West as opposed to South so that your front porches and your patios and your your areas that you would go would would go into you know other residential areas as a we don't want any porches patios or those type of things facing to the South to the industrial likewise on these buildings we can work with staff to try to design it maybe we put the garage of some of the units up against facing the industrial because nobody they want to go to the other side where the patio is so that's something we can definitely work through with staff to minimize as much as possible that okay thanks council member Torgeson Lake yes sir with the current zoning people could put industrial this was the problem I believe we were encountering in November people could have industrial facing Morrison Ranch correct uh yes let me go to that so the with the existing zoning on the property that light industrial or the business park type uses those could be facing there's no restrictions on design or dock doors it can be much closer the zoning code only requires those buildings be 75 feet away and our open space tracked alone is 280 feet in that area and so just the open space let alone the the the the town homes or the mixed use homes that are going in there and that's by right by right could do it they could go design and submit a Dr package today and do that okay and then the there's about 70 Acres of GC which could be mixed use Apartments Etc at this point and with the rezoning that comes down to about half of that yeah mayor council member Torgeson yes I was estimating because in the old days when this was zoned we didn't have exact meets we didn't we probably should have but we didn't have exact legal descriptions The General commercial is about a hundred acres which was in stats presentation the current Gilbert Town code allows leftover residential in General commercial by right and what that means it's a mixed use type project like epicenter where you could do two three four stories up to 45 feet by right in that hundred acres and so if somebody wanted to do first floor retail with second third fourth floor residential in The General commercial in the center they could go do that by right today just submit a site plan a design review and go with it now I haven't pushed that because this process has not been about threatening or or anything this has been about guys let's work together to come up with a plan but you're right there there is a right right now on that hundred acres to do apartments on it multi-family that would be much closer and at this plan with with the agreement and the pad it brings it down to am I reading 34 Acres from almost 100. we would be about there'd be about 14 acres of town homes here which is two-story type Townhomes which is a you know a lot less in impactful and then this would be a mixed use project first floor retail type use with residential that's about 11 acres nine acres and then this is about 11.7 so you got 11.7 plus nine is 20 that would be mixed use three story type stuff and then um 14 acres of two-story so 20 34 Acres versus 100 acres so it brings it about a third of what it is today all right thank you any other questions for Mr lake at this time Mr Lake you may have a seat thank you and rest your voice for a little while I know you'll be back now we'll move into our public testimony the vice mayor has the slips of anyone wishing to make comments on this issue this evening Vice Merrell pass it to you thank you mayor before we begin calling people up I wanted to note that I have three cards where they did not wish to speak Daniel strasa against mark Bramlett four Johnny bergenshaw four so those three did not wish to speak um we had a resident who um requested I think 24 hours ago to or more to have additional time and speak on behalf of others I know that that's not what we do every time and I believe I just want to check with the council to make sure there's no objections before we move forward okay thank you um Sarah Strazza will be allowed to speak for six minutes and she is speaking on behalf of herself Tessa Lee Deb Grover Sarah Groves Kelly Johnston Mark Lawless Jamie Lawless Jennifer Pullman Brandon stin and Chelsea good Sarah if you would come forward chevelli are you able to do six minutes great once Sarah is completed then we'll go to the three minutes each for the rest of the thank you thank you good evening staff Town Council mayor Peterson my name is Sarah straws and I stand before you tonight as a resident of Morrison Ranch Community and thank you so much for the opportunity to speak you know how very important this is to the community and after hearing all this my speech is a reiteration of some of this so for time's sake I'll condense some of my points I want to acknowledge the developer and Stacy Brimhall they've made some concessions that were tremendously meaningful to the community for example the developer improved the circulation as he spoke to the biggest one was diverting the semi trucks and then also blocking so it doesn't go near the cactus yards or that church that's right there that was very important to a lot of the folks in the neighborhood the prior proposal just didn't have that safety or quality of life for the residents of Morrison Ranch so that was a very big Improvement the amenity was placed on the Western border as Sean had mentioned that sound barrier and safety barrier and that pod overlay limits the building Heights that border that Western Edge which was very important to provide a transition zone all the crosstalks as you said aren't facing and that was really wonderful as well people were concerned about the sound increased walkability was added with dining and entertainment and then a thoughtful mixed-use zoning was incorporated with the consideration of luxury multi-family over commercial buildings to ensure that the people that work in engineering jobs adjacent industrial spaces would have the ability to have a residency for any work contracts that were near there probably donating like industry and growth without disrupting the character area and providing transition Additionally the developer has proposed putting in use restrictions in a property document that would restrict harmful Manufacturing these would prohibit any end users at any time now or in the future to manufacture noxious or harmful chemicals prohibit semiconductor or chip manufacturing EV battery storage and Manufacturing I only speak for myself but personally this was extremely important and helped me have not as many reservations Gilbert is at a precipice and we do not want to fall history has shown industry operations can sometimes expand beyond their original plans and reassurances and the long-term effects can be detrimental to nearby communities so it's vital that Our Town Council prioritize the interest and safety of the residents they represent both now and in the future if this proposed zoning is passed I respectfully request that the Town Council votes against any use permit applications for some magic conductor computer chip manufacturing as well as electric battery storage Recycling and Manufacturing this area my biggest hope being a dedicated part of this process was to unite all of us as a community to make changes that lead to prosperity and meaningful growth for all parties involved on a personal note I would love to see aquaponics in a desalination plant um just because of our water demand issues I appreciate the I appreciate the developers willingness to reduce industrial zoning to more General commercial and mixed-use Zoning these changes will help to create a more diverse zoning which is essential for a town like Gilbert I believe that the proposed development is a vast improvement from what was initially proposed and the developer took our concerns seriously ultimately the responsibility of making the final decision lies within the Town Council as you're entrusted to represent the best interests of the community I trust that you'll take this into account our concerns our opinions of the constituents while carefully evaluating the potential risks and benefits of this development thank you so much thank you Sarah next we have Brandon riff and following Brandon will be Jennifer Wada good evening um I'll try to condense some of my comments to avoid repetition but um the fact is uh last year I received a phone call from a council member that uh said he said that this plan was probably going to pass they had the votes and I was pretty upset about it until he told me to wait a second the developer I I want you to meet this guy he doesn't want to ramrod this thing through he wants to work with you guys will you guys meet with him and I said absolutely let's set it up and his name is Stacy Brimhall and he's present I I don't know if he's going to speak or not but I want to make sure everybody understands that he voluntarily set this up when he could have rammed it through and and didn't have to do any of this I think that's really uh really unique and really speaks to his character but we all came together and we're talking a dozen meetings and I probably spent close to 100 hours and I know that I wasn't alone in doing that in the group of residents that worked together to make this thing happen it's true apartments and Industrial aren't popular with residents and this proposal does have both um I ask that everybody look at the bigger picture because this plan has significant changes that will protect the people of Morrison Ranch if you vote for it this will secure those critical protections for Morrison Ranch residents if you vote against it this will surrender those critical protections and that means that the next time a developer comes along and he may not be as kind as Stacy Brimhall it means we start over again it means that we begin the whole process of trying to secure all of these protections that we've worked so hard to establish this has been a grueling process and it's come at an incredible price to me and my family my business um time spent on this away from My Wife and Kids time I will never get back and um I know that the other residents made these same sacrifices all for the betterment of the community um again the industrial and apartments I know neither are popular I want to applaud some of the council members in particular Jim Torgeson and Chuck for that matter who have pushed very hard to make the apartments instead of rentals turn it into a fee simple type of structure with town homes condominiums to make it so that people can afford homes sooner than they would otherwise by paying somebody else's mortgage through rent and promoting strong ties to the community with that um I'll finish up here I'd like to thank the council for supporting this process and for putting us up to the process this should hopefully serve as a model for how residents and developers can and should work together and the council members who supported all of this and were open for communication from all of us in the group I sincerely thank you and I urge you to please vote to approve this project thank you thank you Brandon next we have Jennifer wada and following Jennifer will be Ryan handelsman mayor Peterson council members my name is Jennifer wada and I live in the Elliot Grove subdivision of Morrison Ranch I'm greatly relieved to be here speaking to you about a plan that has changed significantly since the council meeting last November as part of the group of Morrison Ranch residents who have been communicating with the developer to relay the concerns of the neighborhood I can say that the process to get here wasn't perfect and the plan before you tonight reflects a lot of hard work and frankly a lot of compromise but there has been significant Improvement in I like many of my friends and neighbors no longer oppose it I'm not here to tell you how to vote to complain to praise or to make suggestions but I do have a request I'm thankful for the involvement of the developer and their willingness to listen to our community's concerns they shared a few different plans over recent months including at the neighborhood meeting and made changes based on the comments and feedback they received we as residents didn't get everything we asked for and most of us still believe it's too much residential near our neighborhood but with the added retail transitional residential buffer and green space amenity we hope that what has made this project bearable on paper will also make it bearable and parts of it even enjoyable when it's built out that leads to my request if this project receives your approval we will be at the mercy of the town and the developer to see that it gets built the way it's been presented yes there might be small necessary engineering or design changes that make a little difference but should any significant changes a request be presented we are trusting the town including this Council the Planning Commission and town staff to uphold the vision and the plan that you approved a number of residents have dedicated significant time effort and resources for the better part of a year now some even longer and any lack of opposition from our neighborhood has been not just because of the plan's elements but also because we were assured it was created with integrity and honest intention tonight if you vote to approve this project I'm asking that before you and other Town departments make any decisions down the road that may come before you in the future of this project you consider a few things including all that the neighborhood went through to get to the point we're at tonight the impact it will have on the residents in close proximity the Integrity of our town government and the value of having and enforcing accountability it would be greatly appreciated I would like to also at this time thank vice mayor Kathy tilkey she stepped up to be the town liaison for the discussions between the neighbors and the developer and she has stood by us the entire time dedicated to transparency providing information support and honest feedback I'm also thankful that the development team was open to creating a plan that has more benefits and less impact on our community than the original plan and lastly I'm grateful to my fellow neighbors who stepped up and tirelessly gave of their time talents and heart and dedication to protecting and maintaining a neighborhood that we all love thank you thank you Jennifer Ryan following Ryan is Kevin Marvin good evening everybody Ryan handelsman town of Gilbert a lot of this probably will be repetitive but I think it's all for the positive echoing what was said already eight months ago I was one of many at the Forefront of a mission and a movement to take what was an originally a horrific plan and make sure it met its demise some of you were on the previous Council and ultimately decided to table that vote and gave us explicit Direction as a community to go back to the neighbors to go back to the Developers and go to the drawing board and see if we can sort of work things out it was an open invitation to any Community member that wished to step up to the plate which ultimately through time whittled down to about seven of us many of which you heard already speak who spent countless hours with both the developer and various members of the community as well to make a plan on a plan that is before you today every step of the way both the neighbors and the developers took the time to go back to the community at large for feedback the majority of the community became more and more accepting of the plan as each iteration of the plan continued to be presented to us and it all over time addressed a lot of the Hot Topics that you heard Sarah and some of the other people come and talk about such as safety traffic use restrictions transition areas and the desire for additional retail in a place that was quote unquote cool as per the packet since this agenda item I believe you have the opportunity to ask us questions so I welcome them but if in anticipation of perhaps the one or two comment cards that you saw there might be a couple people that stand before you tonight in blatant opposition of the plan and I know that if I was sitting in your position I would be curious to know were they all involved in all of the opportunities that were presented themselves along the way if anybody stands here before you and is in a blatant opposition of the plan I would be curious where they at the neighborhood meeting that only 20 or 30 people showed up to were they at the two plantings and Zoning meetings that I was at I mean I was one of two citizens that showed up to that those meetings and I can speak on behalf of the community and say that with whether it be Stacy or colemana or Sean's office it was an open door policy so at any point leading up to tonight they had plenty of times to be constructive in the process um some people again will simply want to argue and oppose something and not be willing to be constructive and provide a way to resolve but with the help of the community and council members and developers working together we've gone from arguably if I remember correctly 1500 people in opposition in that November meeting to only a handful and I think that is a testament to all and I'm proud to be a part of the process and I am excited to hopefully Patron some of these destinations of restaurants and retail shops thank you thank you Ryan Kevin are up and following Kevin is Jace Robinson can you hear me okay I'm Kevin Marvin uh Gilbert resident in Morrison Ranch and I've spoke with you a number of times on this when I got my one minute in November um at the very end I talked about a win-win and I think Jennifer summed up everything I would want to say so you know there's really not a lot more to be said there but really thank everyone who participated and put the tireless hours in it was a great team effort and I really appreciate that um so I am I believe we're at the win-win State it's a compromise sure but it is a win-win and so what what I'd like to talk about is just what have we learned from this are we going to make changes in how maybe the Planning Commission works because ever the majority of them when they approve this like in October and recommended it they all said the transition wasn't good enough but still the majority voted for it and that's just still baffling to me and so I hope we're figuring out a way to use this as a model for the future so it doesn't take heroic efforts because it really was a heroic effort by so many people and it doesn't have to be that way and so that's what I asked for is for the other projects that come you know forward but I do ask you to approve this I am in favor of it and thank you for thank you for your time thank you very much Kevin Jace following Jace is Josh Brimhall my name is Jason Robinson I live at 3931 East Gale Drive and I'm in favor of the ranch thank you thank you Jace Josh if you'll come forward and following Joss will be Stacy brummell uh good evening mayor vice mayor council members my name is Josh Brimhall I'm with Langley properties more importantly I'm a sixth generation arizonan um great great grandparents long history in Arizona specifically actually I spent majority of my life in the town of Gilbert um and uh and intend to keep doing that actually it's the one thing my wife and I can agree on is is living in uh having our kids raised in Gilbert go to school in Gilbert all the way um all the way up through high school so that's our plan and um and in regards to this specific plan um that we're that you guys will be voting on tonight the I kind of have the same attitude as I do with the town of Gilbert being involved um being involved in Gilbert and then continue to be involved in Gilbert with this plan a lot of people put a lot of work into it a lot of meetings a lot of collaboration a lot of time and um we all came to a a plan that we can also would agree that that works and so so tonight I'm in favor of the plan and ask for your approval and thank you for your time thank you Josh Stacy up next and following Stacy will be Brian Mosley hi Marion Council my name's Stacey Brimhall I'm better known as Josh's dad and uh I'm not as well I can't speak as well as he can nor am I as near as good looking as he is but uh he is sixth generation arizonan and we're vested and um we would this is our town and you know it will be a place where not only where we raised our kids but we're our grandkids will be raised and great grandkids will be raised and we want something really great and a legacy of that um but I'd like to just primarily focus on something that I learned or what I really learned through this process so growing up in Gilbert we didn't have um a street sweep and downtown Gilbert would get a lot of cotton and a lot of hay off the off the trucks blown into the gutters and without a street sweep it got really really quite quite ugly and every month my mother would get us all together and we'd closed down Gilbert Road um I guess without a permit and sorry please guys um and she she'd get all her friends and we would clean uh Gilbert wrote she taught us volunteerism and it wasn't always fun but we did it and we did it every every month and so that was how I was raised but so what I relearned from the Morrison Ranch neighbors the ones especially that got heavily involved is the importance of volunteerism and it kind of renewed my spirits in humanity and so I just want to just say thank you thank you thank you Stacy Brian and Brian will be the last speaker tonight hello I'm Brian Mosley president of Morrison Ranch I think even the new council members remember from that I'd like to start with the story so last night I was talking with my I just turned 18 year old son about whether it's really worth it to vote um because you know gerrymandering and all the things that he's learning about in high school that getting into Civics education and whether it's whether it's all rigged um and you know I try to explain to him how important it was um and I think uh you know I told him that you know I knew I was going to have the same dilemma tonight which is that you know we had 1500 people vote and participate last time and tell you what they felt and you know it's summer some people are going to be out of town and but even so we have less people we have to assume that means that that a lot of them are are not as opposed but but I don't know you know like I say I didn't try to ask my neighbors to to represent a bunch of people and take a lot of time tonight because I know some of them you know have mixed feelings about this um and you know it's much easier to oppose something and get people to be all on board with opposing it than to say you know this is far enough um you know my goal from the beginning was to to push this as far as we could um and to make as many improvements as possible so that it wouldn't mess up our neighborhood I live right up against it um and you know from our perspective it was a done deal and it was going to be approved and and um we appreciate the support of the council to to tell them that it wasn't good enough and to give to make them come back and work with us and um you know Mrs Lake would say this is you know a huge open space 16 and a half acres or 16.7 acres and I would say you know we only gave up three 3.3 Acres of the 20 acre amenity that's currently planned under the current zoning and he would say that you know um they gave up you know maybe a quarter of the of the light industrial that they're asking for and I'd say well we only you know allowed a three to four four times increase so you know it is more it's more light industrial than we want you know it's not everybody excited about about multi-family for sure but um to have somebody you know build something that works with the neighborhood that respects the neighborhood that's there that we can look out from the end of our street and and have a good view that we can get out to and connect to um the restaurants and and Retail and have an opportunity to really do that I think is something that you know I just don't know will come next time and that's why I I support this and I appreciate the changes that have been made um and you know it's been a long process uh it's been a lot a lot of time as people have said um and you know been been some bad feelings all around or or or animosity and things like that and so um you know but I appreciate the chance to to participate in this process and and that it listened and was was that you listened it was that it was a you know an effective process that brought about real real change and uh you know I guess I'll say in closing that you know uh like I say um I I I I support it at this point and and I think that it's made good changes I look forward to to eating there and uh you know maybe as an attorney myself I feel bad in particular for for Adam Baugh who had to represent the developers at a time when they hadn't been taken down to Peg and they weren't quite ready to work with us uh so don't shoot the messenger I and maybe I'll take him out to eat at one of these restaurants someday thank you thank you Brian mayor that is the end of the public comments thank you vice mayor next on our order of proceedings we will have the applicant come back up and respond do you want to or why are you shaking your councilmember Anderson I don't have a question for you Sean thank you I haven't quite somebody else may have but I'd like Jennifer to come back out for a kind of good just a couple of things to kind of illustrate how important this project is to the town I think the uh council member Anderson one second is it okay if we go out of order proceedings because this is a public hearing and we do a very specific order of proceedings that we're supposed to follow Chris so I just want to thank you mayor probably probably be best to see if there's any other questions for the applicant first and then we could move and if not we can just continue on thank you and I heard that I had a question over here for the applicant so sorry Jen no problem Mr Lake if you could come back up please vice mayor thank you mayor um Sean Mr Lake apologies ma'am I um I know you briefly mentioned um some items that you were willing to put in the ccnrs it came up in in the comments I wonder if you could just reiterate the commitment to put those items in a ccnr yes when in working with the neighbors here a list of of uses that we have agreed to work with them to incorporate into the ccrs that would prohibit uses such as sexually oriented business um dispensaries crematories I'm sorry I don't have my glasses on recycling primary business is a recycling type facilities um hazardous waste storage and Manufacturing those type of hazardous materials semiconductor type using raw materials that to create cementite conductors that can be dangerous to the community um and and working with them we had like a distance for firearms for firearm sales that we were going to incorporate so yes we're going to work with continue to work with them to incorporate those into the ccnrs thank you very much that's all I had mayor any other questions for the applicant at this time this is your opportunity to ask him questions if you have any thank you Mr Lake thank you now we can bring staff up and if we'll ask Jennifer to come up first please Jennifer thank you Jen councilmember Anderson sorry Jen you're fine uh you showed us a pie chart that showed the land use percentages in town yes do you happen to know it showed residential is 58 percent do you happen to know what percent of that residential is in multi-family mayor councilmember Anderson I don't know that off that percentage Breakdown off the top of my head how about Ava or I would phone a friend to my planning yeah phone a friend maybe one of them know just an estimate mayor council member Anderson Ava coutro planning manager last year we ran some statistics and it's about 10 percent of all residential in the town is multi-family and just for reference what is it in Mesa and Tempe I don't know theirs in particular but we were the lowest in the area in the valley yes it's probably pushing 50 percent 40 to 50 percent I would guess in 52 thank you thank you the other the other number was six percent for industrial and it's always been my understanding that we should be pushing 10 percent to avoid being a bedroom community is that is that accurate mayor councilman Anderson that's about right and I should just point out that that six percent is not just industrial that's all employment designated so that would be I'm including our business park office so the land uses that are industrial as well as the general office land uses make up only six percent of our land use thank you the only reason I bring those both up is it shows the importance of this project and and what it brings to the town and I think is very important thank you thank you councilmember Anderson I'm Veronica if you would like to come back up does the council have any questions for Veronica our planning staff at this time mayor yes vice mayor if it's not a question can I just make a comment or do I it's too Veronica yes okay thanks um Veronica I just wanted to say thank you you have been there every time I've called when the residents have had a question and I always wanted to make sure I gave them the right answer and you've been there and thank you I know this process is a little different than we're used to but I just want to acknowledge that thank you very much mayor vice mayor thank you very much I do appreciate that I haven't asked council member koprowski do you have any questions I think she would have she would have said something if she has any questions councilmember Kapowski thank you for checking in I don't have any questions at this time thank you um Veronica we heard the um comments about the use permit and I just wanted to ask you if you could review what a use permit process is in the future because they don't necessarily come to the Gilbert Council they go to the Planning Commission could you cover that please yes mayor thank you for some of the uses that have been talked about do require a conditional use permit um the process for that it is a public hearing process it is it's a public hearing to the Planning Commission though they make the ultimate decision on the use permit process if there was an appeal it would come to the to the Town Council um the use permit mayor that's correct um appeals at that point would then be heard by the council I just wanted to be clear on the process in case anybody thought that they would automatically be coming to the to the council yes thank you any other questions for Veronica seeing none Veronica you may have a seat mayor if I may I would just like to comment on the proposed change to the stipulation that Mr Lake referred to that would be within the um the zoning ordinance for the 271 acre zoning case uh the z2205 and staff is in support of that change the initial reason for that condition was we did not want any lit signs to be projecting towards the resident so making that clarification in that condition staff is supportive of thanks for covering that Veronica yes councilmember Anderson how about A-frame signs those are covered under the sign code for the town of Gilbert thank you Veronica I don't see any other further comments do you have anything else that you'd like to add that you heard no thank you mayor thank you appreciate it I will go ahead and close the public hearing and bring it back to the diocese for discussion would anyone like to make some comments councilmember Anderson all Bleed It Off briefly I want to thank especially the they've always been affectionately referred to as the G7 I don't know who all they are out there but thank you so much for being involved and all the other residents who've been involved throughout this process and especially to the council members that have been involved thank you so much planning is a process it's not an event and sometimes it's a messy process but the the idea is to get to a point where we find the best solution that will benefit everybody that's concerned with whatever we're working on and planning and I think Brandon was right this is this is kind of a case study that we have coming before as compared to when you compare what happened in November and what happened tonight I have to take my hat off to everyone including our staff that has been involved in this process and it should be something that is looked on in other communities as an example of a way that neighborhoods can work together with Town staff and with the council and developer and come to a solution that benefits the community as a whole and I again I commend you for what you've been able to do thank you councilmember Bon Giovanni um well this is It's been a journey you know um I started on that side of the diocese with this thing with the pitchforks and from there gone to about a number of meetings 2000 pages of reading material which everyone here has had and some of them have actually more of that countless hours also but to see the community go from enraged to engaged was remarkable to see I I really appreciated that I see some benefits here Kodak was in my school district when I was younger so I saw the benefits of having that kind of tax base for my education when I was younger and a good friend of mine um mentioned to me the other day that the best negotiation is when everyone walks away not happy but satisfied and I think that's exactly what happened and what's Happening Here I mean personally I'm not excited about 750 apartments or condos without any kind of property maintenance ordinance yet um but I can walk away from this satisfied scene what everyone's done um when Mr Lake first started this project he was talking about Disneyland you know for that that restaurant area and I was really concerned that it was going to turn into a 25 cent horse ride at Walmart but it didn't he stayed true to his word on that um the coolest thing that I saw through this whole process was the engagement in the citizens working with Council working with staff seen everyone had a goal together and the the best thing I saw throughout this whole process is the conversions of being humble bold driven and kind which are Gilbert values so thank you everybody involved vice mayor thank you mayor um first I just want to thank the residents for coming together when the developer was ready to have these conversations because you didn't have to do that um I was invited in and I didn't know what to expect when I showed up and and met you all and worked through this process it was a hard process but you stuck together and I appreciate getting to know each of you individually as we've gone through because you don't always have that opportunity when you when we're sitting up here and you have a one time to come talk to us and then we never see you again um there was a lot of concessions made I I I've been in in this business I guess through the chamber through Economic Development efforts for 33 years before I retired and I've never seen a developer work so hard and give so much to What the residents wanted and and that's a testament not only to the developer but to the residents because you were willing to have those hard conversations you were willing to make some of those compromises for the betterment of the whole Community while protecting your neighborhoods and I want you to be very proud of the time and the effort because it did take a lot of time away from your business from your families I know I I was there for a lot of those meetings and I understand so we are here today to vote on a project that the community came together for a much better project than we had at the beginning as I mentioned thank you to Veronica but the entire staff they were always there willing to do what they had to do to get us to the next stage but always staying tight on the quality and the standards of what makes Gilbert great and I feel very confident that as we move this project forward everything that is in writing will be adhered to they will not get past our staff because they have the integrity and the best interest of this community the same as you do and as the developer has um already put forward for us to be here today I am supportive of these projects and I know other people want to talk so I'll just stop at that point thank you thanks vice mayor council member Torgerson I just want to say that I'm going to have to eat some Humble Pie on this because in engaging in this process I saw a developer well humble himself and I looked at what could have been by right and I see something that's come out of this that is through engagement an acceptable thing to the most affected people uh by the project and it by all metrics it's a a great looking project and it'll be good for our town and everybody accepted a little less than they wanted to get there and you know again to see them not have industrial facing these homes for them not to build up to a hundred acres of mixed-use apartments and bring this down I'm really impressed by by Mr Brimhall Mr Lake stuck to this and worked extremely hard and patiently and you know I feel that that a lot of people here have earned my respect and again I have to uh I have to humble myself in this and look and see what this is I feel by far the best thing for the town and I appreciate whether it's the mayor or the council people that were here before me uh letting us engage in this way kicking it kicking the can down the road wasn't kicking it down it kicked it down to make a better product and uh I'm just grateful to have been part of it and to have met some of these people that really gave of themselves and I just wanted to say that councilmember koprowski I would just like to reiterate the thank yous to the community members and the developer and other stakeholders in this project but everything else has been said thank you thank you councilmember Kapowski councilmember Buckley you don't have any comments I will I would like to thank um vice mayor tilkey for stepping up and being involved in the process obviously because of open meeting laws we are very limited in how much we can all participate at the same time together on any given topic and so it makes it very difficult for us when we have one two or three people stepping up to be part of the process then the rest of us cannot and it looks like maybe we're not engaged as much or don't want to be engaged but that that's not the case we just can't have the opportunity to be engaged because of the way that state law is written and I appreciate I had never met Mr Brimhall and I think you're just as good looking as your son so and your fifth generation arizonan if Jace is sixth generation right um and Jace I love that the one thing that your wife and you agree on is bringing up your kids in Gilbert I appreciate that too um I appreciate the fact that you were so willing to work we were at a very difficult spot in November when we were facing the fact that this case had to be settled by the end of the year or being told that we had to settle this case by the end of the year and then being told no you don't have to settle this case by the end of the year and having it brought to us to be continued and I think we were all just a little um for clumped as to how to best handle that at that time I've done a lot of planning cases over the years a 184 meetings with the Planning Commission in my time on that commission and I've seen hundreds and hundreds of cases very similar to this one that developers and neighbors have come together to work to come out with a better product so many times and I think you all went Above and Beyond in this case and I appreciate the fact that you all did that it's been said that we're not fans of the 750 units of multi-family I would I don't like that fact at all it puts so much more multi-family in Morrison Ranch and between Gabriella point and and that location it's not something that I would have chosen as um an option for this property um I've struggled with this case a lot I I haven't liked it from the beginning and to have to now make the final decision on the case this evening as is a difficult one and like I said I've done hundreds of these this is a huge piece of property I know you've all come here with the best case scenario I think for everybody you've come to a compromise and you've come with the best case scenario for everyone so we will I will wait for somebody to make some motions they have to be done separately we have to have a general plan motion for gp22-05 we have to have a zoning motion for z22-05 and then we will also need to have a separate motion for gp23-12 and a separate zoning motion for z23-04 because there are four separate entities in this case if anyone would like to attempt the first motion just a reminder for the motion on the Zoning for the z2205 if Council wanted to include that stipulation about the signage they would need to include that that's stipulation number six I believe and you could just refer to the sign to stipulation number six that would be um and you could say to include what that stipulation has modified this evening and you also need to say make move to make the findings a fact for that item because it's a zoning because it's a zoning item they're written out in oh you don't have your packet sorry um so would someone like to make the first motion for the general plan I'm prepared um so the first motion is to approve General plan gp2205 . I'll second that I have motion by vice mayor tilkey a second by council member Bon Giovanni please vote mayor we have a yes vote for item 38 as well from council member and the motion passes six to one in this case and it needed to pass with a 5-2 vote in order to for a super majority for that General plan now the second one would be for the z22-05 if someone would like to make a motion I'm happy to but let me know if you want to jump in anytime I'll make a motion to approve zoning z2205 with the addition of stipulation number six as presented tonight I have a motion by vice mayor telkey I'll second that one too second by council member Bon Giovanni please vote mayor we have a yes vote for item 38 zoning z2205 from council member thank you chevelli that motion passes also with a 6-1 vote moving on to the next item which is GP 23 -12 if someone would like to oh the motion the motion on our packet says move to recommend approval the Town Council moves to approve gp-20 23-12 if someone would like to make that motion mayor I'll make the motion to approve General plan GP 23-12 I have a motion by council member Anderson second by council member Torgeson please vote I have a yes vote for councilmember koprowski for item 39 General plan GP 2312. thank you and that motion passes with a 6-1 vote and the next one would be the z23-04 I'll move approval of zoning KZ 23-04 make the findings effect I have a motion by councilmember Anderson seconded by council member Torgeson please vote I have a yes vote from council member Kapowski for item 39 zoning KC 23-04 thank you chevelli that motion passes 6-1 all four of those um the neighbor was council member Buckley thank you everyone I'm going to ask for a break before we move on to the rest of our agenda thank you to the residents for attending this evening and we'll take a I don't even know what time it is about a five minute break okay folks I'm gonna give everybody a 30 second warning we have more items on our agenda to get through and still another me eating to do okay everybody we're coming back to our meeting we have a few more items on our agenda and the council still has an executive session to go so we need to sorry about that sorry to remind you about that but um item number 43a Council Administration is to consider adoption of a resolution designating the chief fiscal officer to submit the f f y excuse me 2023 2024 expenditure limitation reports of the office of the Arizona auditor general does anyone have any questions or comments on this item usually it's you okay vice mayor doesn't have any questions and vice mayor's ready to make an item a motion if 43a we're on item 43a which is an addendum um so I'd like to make a motion to approve 43a I have a motion by vice mayor tilkey to approve 43a I'll second that I have a second by council member torges and please vote is is councilmember Kapowski back on I think so she is Mayor and she is a yes for item 43a thank you chevelli motion passes seven zero moving on to boards commissions and committees I know that council member kaprowski has a comment that she would like to make about the new um Public Works board councilmember Kapowski thank you there are current board openings for the Town's new Public Works Advisory Board the new board will consist of nine volunteer positions and they must live in the town of Gilbert the applications close on July 9th but may be extended hopefully we'll get interest and would love a broad spectrum of applicants from the Public Works Industry if you want to apply you can go to gilbertaz.gov board openings thank you thanks councilmember koprowski does anyone else have any other reports from consolations on their board's commissions and committees seeing none we'll move on to policy items number 45 we have a few items here number 45a is repeal of council policy 22 excuse me 20 1203 um B is approval of council policy well we'll start with a A repeal of council policy 2012.03 adopted August 2nd 2012 and revised November 2nd 2021 known as the code of ethics for members of the town of Town Council and Boards commissions and committees with an effective repeal date of August 20th 2023. any discussion or would somebody just like to make a motion for that let's make a motion go for it except I'm sorry he wanted to speak no go for it go ahead move approval of a motion to approve the repealing of that policy do I have a second I have a motion by councilmember Anderson seconded by council member Torgeson please vote I have a yes vote from council member koprowski thank you chevelli that motion passes with a 7-0 vote moving on to 45 B approval of council policy number 2023 O2 adopting an Ethics handbook for elected officials and members of boards commissions committees and task forces with an effective date of August 21st 2023. council member kaprowski would you like to make a comment about this yes I would for item number 45 in section 2 of the ethics handbook it states that complaints must be filed with the town clerk within 30 calendar days of the alleged misconduct and I had a concern that if um a complaintant wanted or needed to make a public records request to get more information about the alleged misconduct that they might need more time so I'd like to add after the section that says complaints must be filed with the town clerk within 30 calendar days of the alleged misconduct to add notwithstanding the foregoing if within two weeks of the date of the alleged misconduct a complainant makes a public records request to the town clerk about the subject matter of the misconduct then the complaintant shall have one calendar week after fulfillment of the public records request to file a complaint and I will send this all to chevelli but it essentially allows time if a if public records information and that request is needed it it kind of gives more of a buffer there thank you council member caprese does everyone understand that um Amendment to the to the sum item the concern was that if you were if you wanted to file an Ethics complaint and it had a 30-day timeline that you might not be able to get your foyer request back in time to actually do that and so this would be able to answer that um vice mayor thanks mayor I'm not opposing it but I'm looking over at Chris in chevelli as we went through the intent um the the ethics complaint process begins with notifying the the clerk that there is a complaint that sets a time clock to set a meeting between the complaintant and the person that they believe violated the the ethics code I don't know if that would be the time that the time could be extended once the complaint was received until the for your request was completed I'm trying to figure it because even the timeline that councilmember korowski outlined depending on the depth in in the scope of that foyer request they may not still be able to you know get that information in time so it's hard it's always hard to do these things on the dice but I'm I'm wondering if we if that's not more inserted after the complaint has been filed that that timeline could be expanded if a foia request is needed to complete that process before they sit down together so I guess that makes sense yes Playing devil's advocate I've already submitted a foia request and it's day 29 and I haven't received my foyer request back so I'm not really sure if there's an Ethics complaint so I'm going to file the ethics complaint anyway oh that's true and then anybody could be filing the ethics complaints and then waiting for their foia request to be submitted just plain Devil's Advocate I appreciate that um uh I believe what the intention is to review this again and every year or to see if there are and maybe that's what we want to do go ahead and include that but then um see how it's working do a check-in in a year and see if we need to adjust that to see if we met the needs maybe that's a better way to do it so um so okay I'm okay um in addition to that I don't I don't think she did a formal motion but I wanted to put another item on on the table Chris did you need to stop me here oh no go ahead if you want to explain that I was okay I was going to talk about that but if you want to feel free okay oh go ahead do you want me to yeah feel free yeah thank you um part of the ethics um handbook has a a a portion that deals with mediation and who we use for mediation and as since we met in study session we learned that um the Arizona State University College of Law is made up a lot the people who would be helping us are retired and they may not be in session or around in the summertime so if something happened during those summer months we needed to be able to contact someone else to assist us and so based on that um in addition to councilman council members kapreski's Edition I'd like to add in parentheses or similar neutral bodies such as the American Arbitration Association after the the section that says Arizona State University College of Law so all we're doing is is showing that we can reach out to a similar type of organization should the Arizona State University College of Law is not available so that way we wouldn't postpone any of the proceedings did I do okay Chris councilmember Anderson do you have comment just a very brief comment about council member kaprowski's proposal I'm I think I'm in the same place as the vice mayor is that we could try it if you remember when our discussions went on about the 30-day period we wanted we did that on purpose with the intent to make sure this process moved along and that it wasn't just put off for some reason that is made up by the complaintant for some reason and just drag it on for for a long period of time so I think it's good to Monitor and see how it works with the language that she's got in there and we'll come back and visit it if we need to and essentially it will still be 30 days unless somebody has filed a foia request so yes um would anybody like to make a motion with those amendments I will attempt um recommend approval of council policy number 2023-02 the ethics handbook with the addition of council member paprowski's language I didn't write it all down so I know that you'll have that in writing and the addition of the item that I mentioned um I'll read it again if you need it but if not that that will be the motion thank you I'll show you that I have a motion by vice mayor Toki seconded by council member Bon Giovanni please vote we have a yes vote from council member caproski thank you chevelli that motion pass is 7-0 moving on to item C approval of council policy number 2023-03 adopting a code of conduct for elected officials and members of boards commissions committees and task forces with an effective date of August 21st 2023. any discussion seeing none would someone like to make a motion oh did you have discussion no I'll make a motion make a motion I'll move approval of council policy number 2023-0 what was that three six three oh three I have a motion by councilmember Anderson seconded by council member Buckley please vote we have a yes vote from council member for Kapowski for item 45C thank you chevelli motion passes 7-0 mayor yes can I uh remind us and maybe it's more for staff that during this period till August this does affect the other boards and commissions we need to get this out to them so they are aware of it yep yes as discussed during the study session if we could send this out to our board and commission members so that they're aware that this change will be going into effect thank you hence why we made it 60 days from now to give everybody time moving on to Communications report from the town manager on current events thank you mayor members of the council a couple things tonight first want to thank Kyle Eva and Veronica from our planning department and Dan and Jennifer from Economic Development departments as well as all the staff who worked very very hard over a very prolonged period of time on the ranch project I know that was a very challenging development for the neighborhood for the developer for this community and really appreciate their efforts throughout that entire time I also want to wish Eva happy birthday your birthday is today I'm sure there were better ways that she would like to spend it but happy birthday we appreciate you next uh the town's integrated Water Resources master plan won the 2023 American Water Resources Association integrated Water Resources management award and our Zone one water transmission main assessment project along the power line Trail received the Arizona chapter of the American public works Association 2023 project of the year in the environment less than 5 million categories so congratulations to our teams who worked very hard on those and then lastly when I announced the retirement of a long time Gilbert employee recreation facility superintendent Howard Davis is retiring after 27 years with the town Howard was instrumental was an instrumental part of the growth of the facilities division in Gilbert and helped construct and maintain over 1 million square feet of facilities Howard also served as an Aquatics Tech in the department and served in lead roles in the growth of the aquatics and Parks facilities very thankful for Howard's service to Gilbert and wish him the best of luck in his retirement that's all I have tonight when is Howard's official retirement date does anybody know because he's been telling me for like three years that he was getting ready to retire and I hadn't heard I don't recall the exact date I think it's pretty soon I mean also does not want any parties uh or recognition he doesn't want any public I knew that Howard would not want any public recognition knowing hours like I do right to retirement but um I will message him tomorrow thank you for that um report from Council on current events no one has any report from the mayor and current events I would like to say a big congratulations to our friends at the Gila River Indian Community they opened their Casino down at Gilbert and Hunt Highway um this weekend we were invited out Friday night for an event and then Saturday morning for their ribbon cutting when they officially opened to the public it is a beautiful facility if you haven't been down there yet it's really very nice and I highly recommend you stopping by and they should be very proud of that um I don't have anything else it is officially going to be summer break when we are done with our executive session meeting this evening we have um we will have the month of July off from our regular Council meetings we have a heat relief Network up on the screen extreme heat in Arizona can be deadly and we're looking to you the public to donate items such as bottled water hats light colored t-shirts and sunblock and there's a bunch of donation sites there's a there's a QR code if you'd like to scan that or visit any of the locations listed on our screen which is um our Gilbert Community Center Heritage Resource Center all our fire stations Cactus yards Freestone Rec you get the idea there and Southeast Regional Library which I know a lot of people will be at since it is summer break for your kids and you'll be going to the library otherwise I don't have anything else I hope everyone has a lovely month of July and we will see you back here for our August meeting meeting adjourned foreign