Gilbert · 2023-01-24 · other
Regular Meeting - 1/24/2023 6:30:00 PM
Summary
Summary of Gilbert Council Meeting (January 24, 2023)
- Student Citizen of the Month Awards: The Vice Mayor presented awards to various students from Gilbert schools, recognizing their citizenship and character.
- Budget Benchmark Report: Kelly Fost, the budget director, presented the 2022 Gilbert Benchmark report, highlighting improvements in areas such as STEM job share and electronic utility statements.
- Mixed-Use Zoning Approval: The council approved zoning case Z2213, establishing three mixed-use districts (Small, Large, Regional) and accompanying design guidelines to facilitate mixed-use development in Gilbert.
- Public Communication Enhancements: The Vice Mayor reported on ongoing efforts to improve public communication, including updates to request-to-speak cards and the development of a video on public input processes.
- Employee Recognitions: Two long-serving employees, Susan Logan and Jody Becker, were recognized for their contributions as they prepare for retirement.
Overview
The Gilbert Council meeting held on January 24, 2023, included a presentation of the Student Citizen of the Month Awards, recognition of municipal employees, and the approval of a new mixed-use zoning ordinance intended to enhance community development. The meeting also featured the presentation of the 2022 Benchmark report by the budget director, indicating positive trends in various municipal services. Efforts to improve public engagement were discussed, aiming to enhance communication between the council and residents.
Follow-Up Actions or Deadlines
- Next Steps on Mixed-Use Zoning: Staff will implement the approved mixed-use zoning guidelines, facilitating future development proposals.
- Public Communication Improvements: Updates to request-to-speak cards and other public engagement strategies will be developed and presented to the council in future meetings.
- Recognition of Retiring Employees: A-frame signs will be placed at Town Hall to honor the contributions of retiring employees, Susan Logan and Jody Becker.
Transcript
View transcript
is um okay I'm gonna give the 30 second warning if you could all find your seats please good evening everyone welcome to the Gilbert council meeting for January 24th 2023. I will go ahead and call this meeting to order and ask the vice mayor to please do the presentation of student citizen of the month Awards thank you mayor I believe we'll have the presentation up here I'm vice mayor Kathy toke and it's my pleasure to announce the names of the Gilbert student citizens of the month the recipients were nominated by their teacher and principals for demonstrating good citizenship and character we appreciate the opportunity to not only recognize these hard-working students but to also thank all the teachers and school administrators in the community we appreciate all your efforts to educate and influence our young residents our schools are some of Gilbert's greatest assets at this time we're going to begin our student citizen of the month presentation please enjoy for those of you who are receiving an award tonight a certificate and packet will be delivered to your school and we're going to begin with our elementary schools and we're going to do this in this fashion this time mayor do we know if we're going to be having them come back anytime soon that's a great question I've had several people ask me I think we would like to finish out this school year with doing this virtually but then I think we'd like to start next school year by bringing people back in person great we always miss seeing those students and their parents are so proud that they've been nominated and recognized today so I will begin with Ashland Ranch Elementary Penelope Brown Bridges Elementary Kate warwa Burke Elementary Max honani Carol Ray Ranch Elementary Daniel Cortez Chandler Traditional Academy Freedom campus Anastasia heart Chaparral Elementary Sawyer Mays Charlotte Patterson Elementary Easton rabikov Christ Greenfield school Anthony Gomez edger prize School Madeleine appella Gateway Point Elementary Liberty Garvin Higley Traditional Academy Xavier Coleman Islands Elementary Carson Tyler Mesquite Elementary Jackson kitamura Oak Tree Elementary Emilio augury Patterson Elementary sahana Cody maila Pioneer Elementary Cole damignani Playa del Rey Elementary Sophie Graham Quartz Hill Elementary brinland Frazier Riggs Elementary Madison matichek Santan Elementary Eva tenti Settler's Point Beatrice Sanchez Nunez Spectrum Elementary Benjamin Bustamante Val Vista Lakes Elementary Suki canal Weinberg gifted Academy Michael Herndon and now we're going to honor our Junior High and high school students American Leadership Academy Avery Miller Fabregas I apologize I'm trying really hard thank you Campo Verde High School Sadie Bolton Canyon Valley High School Sophia Ferrara Cooley Middle School Sadie shipada Gilbert Classical Academy eveline skilly Gilbert High School Jackson JD Katella Greenfield Junior High Wyatt packer Leading Edge Academy Early College Alexander Copeland Leading Edge Academy Junior High Samantha province Mesquite High School Meredith Allen Mesquite Junior High Adrian Pacheco South Valley Junior High Camille Ricks and I think that's it congratulations vice mayor that is not easy I've done it it is not easy to do thank you and thank everybody for their patience but I want to tell one story before we move forward Penelope Brown was one of the first names that the vice mayor listed and we got an email Penelope's great great grandfather Elvin lines was the first graduate of the first grading graduating class of Gilbert High School along with his sister Myrtle lines Elven Line's father George Willis lines also known as GW lines was one of the first settlers here in Gilbert he was one of the original Town Council Members he was also the president of the Gilbert Board of Education so her grand great great grandfather Alvin and great great great grandpa GW lines which is just amazing and now she's being honored as one of our students of the month so that's fun town history I think and I talk about as big as Gilbert gets as small as it stays and I think that's proof right there so congratulations to everybody great family lineage here in Gilbert too thanks vice mayor that was great now we will move on to the invocation and the Pledge of Allegiance I have Elder John and now it's my turn kamo from the Kenya Presbyterian Church of Arizona here to do the pledge to lead us in the invocation and I apologize if I messed up your name um thank you madame and the vice mayor and all others who assist our mayor in Gilbert allow me this opportunity to thank God for each one of us here Lord God Almighty we humble ourselves Before the Throne of Mercy this evening to present to your servants who have chosen to guide our beautiful city into Greater Heights we thank you for mayor Bridget and all those who assist her we thank you for all her subjects who are willing to support her to build a beautiful city of Gilbert this evening king of all glory I pray that you continue blessing them with with the wisdom they need and the strength the father and good health we thank you that they have chosen to put you first oh God we pray that you pulled them fast too we thank you that even in the actions we witness them recognizing The Young Ones our children father and we pray that you continue to bless them and cover them with your beautiful Mighty hand oh God we thank you Father as we invite you in this meeting may it be a beautiful meeting dear Lord that will help this city now and in the future for this we pray and trust in Jesus name amen thank you so much we appreciate you coming out and offering an invocation this evening next we will have the Pledge of Allegiance led by Girl Scout Daisy troop 3946. if I could ask these girls to please come down to the front and if everyone would please stand thank you ladies I had a wonderful time touring you around town hall this afternoon hope you enjoyed yourself and thank you for coming out to the Gilbert Town council meeting by moms thank you very much it was nice to meet all of you you they told me they gave you some cookies you're supposed to share with us oh do I have to they gave me three boxes of Girl Scout cookies different kinds too bye I would be happy to share those next I will ask our town clerk Herrera to please do the Roll Call mayor Bridget Peterson here vice mayor Kathy tilkey here council member Scott Anderson here council member Chuck bongiovanni here council member Bobby Buckley here council member young kaprowski here and council member Jim Torgeson here a quorum is present thank you I would like to I'm going to change the order of the agenda this evening I'm going to move the mayor's comments up from the end of the agenda to the start of the agenda because I just want to say a few words um welcome back to our council chambers I'm sure there will be bugs to work out but we will get there our team has been working diligently to make sure we are all trained and a couple of boards and commissions have already met in this space so we're excited to see how our first official meeting goes this evening I want to officially welcome our new council members I know people believe you run for Town Council and it's two meetings a month and that's it but just tonight we have a study session a regular meeting and an executive session scheduled these new council members and our returning members have already done a two-day retreat in December two full days of orientation together and the new members have had at least three full days of training with the team mayor and Council has 48 different organizations and assignments that we serve on or our Liaisons to I take about 19 of those assignments and the rest are split up between these great council members who have all stepped up to fill those assignments so I wanted to say thank you very much for everybody and all your work so far and look forward to serving together at least over the next couple of years now on to some special Community congratulations and I think I might have some actual slides for these um one let's see who you pop up first and I'll do that one this one is I want to congratulate the Highland High Hawk at Palm team on their win as the 2022-2023 division one Palm State Championship Champions let's give these girls a big round of applause I think it's so important to be able to have these great celebrations when we can and congratulate these awesome kids that we have living in our community the other one that I would like to say a very big congratulations to is Julia Crossley a sixth grader at Mesquite Elementary School who was announced as the Good Morning America Super Bowl kid correspondent way to go Julia we'd love to have her at a council meeting following the Super Bowl to hear about her experience and since she's a student correspondent I expect her to come up and speak to us so and then this afternoon I received an email that a student at Perry High School Joshua Shunk was named a finalist in this year's regeneron science Talent search the nation's oldest and most prestigious science and math competition for high school seniors which is founded and produced by the Society of science I didn't even know there was such a thing this year the 40 finalists hail from 34 schools in 14 States and they were chosen from a pool of over 1900 highly qualified applicants all of whom completed an original research project an extensive application process Joshua and his fellow finalists will participate in a week-long competition from March 9th to March 15th well they were undergo a rigorous judging process and compete for more than 1.8 million dollars in Awards including a top prize of 250 000 the top 10 regeneron science Talent search 2023 winners will be announced during a live streamed Awards ceremonial March 14th and I have to say wow way to go Joshua way to represent Perry High School and the town of Gilbert and making it this far and good luck during that competition I want to thank our Daisy troop also for leading the pledge this evening and just one more shout out the Arizona City management association also known as the acma is a professional organization that provides training Career Development and best practice sharing opportunities for city managers assistant city managers and those seeking to get into City management later this week at this year's conference our own town manager Patrick Banger will be sworn in as president of acma for the upcoming year congratulations Patrick foreign and now I will move on to presentations and proclamations we have one presentation this evening and that will be by Kelly fost our budget director on the presentation of the 2022 Gilbert Benchmark report hi Kelly good evening mayor and Council I'm glad to be with you this evening we do have our Gilbert Benchmark report and uh kudos to Janie's heart she is the analyst who works on all of this information and puts it together and I just get to be the face to bring it to you tonight so every two years Gilbert does a benchmark report where we compare our town in a lot of different areas to peer communities Across the Nation and within our own Community here so there are 75 benchmarks in the report again there's eight major functional areas and 24 different divisions in the town that are represented within the report we compare with 41 other municipalities across 13 different states so it's very comprehensive a lot of information in the report I'm just going to present a couple of highlights for you this evening one of them is the share of workers in stem and STEM related occupations so on the bottom we have the results from the report two years ago and then on the top through the report results most recently so we actually increased from 13.5 percent to 13.6 percent so we have done better and most of our peer communities also have increased their share of STEM related jobs if we look at the vacancy rate for commercial properties the vacancy rate did go up a little bit from 8.6 to 9.1 but that is really common across the board this is during the covid time and there were some additional vacancies but Gilbert increased only slightly in comparison to some of the other communities so we fared really well in this area next we've got the percent of utility customers who receive statements electronically and we did increase from 29 to 35 percent which was really great some of our other communities also saw some increases and then Tempe and Plano Texas have some work to do um but we wish them luck the number of sworn officers per thousand residents we increased so we have 1.09 sworn officers per thousand residents we're still on the low end but we have done some investment into our sworn officers and area to help improve that so that we have the resources we need on average fire response times for 90 of the calls the time to respond did increase slightly from four minutes 44 seconds to five minutes we've talked about this a little bit in the past part of that is because During the covid period there was additional protective equipment that needed to be put on so it increased response times and you can even see that in some of the other communities that they also saw a bit of increase during this period of time as well so it's helpful to see kind of is it just us or is it happening kind of broadly the next one is surface versus groundwater usage so the dark shaded part is the surface water that would be water that comes in on canals and it's a rechargeable renewable resource and then the light colored is the groundwater so water we get out of Wells that comes from the aquifer in the ground and that one is not as rechargeable so we want to our Target is to have 85 percent come from the surface water and 15 from the groundwater and we haven't we lost a little bit of ground in this area we know that our with our North Water Treatment Plant that the new technology will help us to be able to take more advantage of the groundwater than we currently are able to do so it will be interesting to see the statistic over the next couple of years as we get the North Water Treatment Plant up and going this is one of the areas that we watch and the last one we have average annual trash weight per household Gilbert residents make a lot of trash per household we are the number one on this area and we did grow in the last two years by about a hundred pounds of trash per household per year which is a lot of growth but both Tempe and even Plano Texas grew by about 500 pounds of trash per household per year so we didn't grow as much as other communities but it's definitely a trend that we would like to see reversing as the trash bill they're paying the same month same amount per month but more trash means we need to pay more tipping fees when we take that to the landfills so something we need to watch and look at and keep track of that's just a couple of highlights from our Benchmark report we take this information the Departments look at it it helps us in our decision making and looking at what resources we might need or what we might be able to do better in the future any questions thank you Kelly any questions for Kelly councilmember torrison how does Scottsdale have such little trash I realize you're looking at covet and having much stress but that's stunning to see how low that is yeah some of that might be if they have seasonal people who are only there for part of the year so if you average the trash they produced for the months that they are there over 12 it would be lower or if they had some smaller household sizes if they had more retirees with one or two people perked households that could make a difference yeah and councilmember koprowski thank you mayor Kelly I guess my question is kind of in line with the trash as well do you think that it might be because of some of the services we provide such as the roll-off dumpsters that gets factored into that um calculation but may not be offered in other communities that's a really good question that statistic that particular metric is only based off the residential trash it doesn't include the bulk trash or any of the Roll-Off Containers so just what you put out in your black and recycle bins councilman Bon Giovanni thank you mayor um let's continue to talk about trash then does that include recyclable or is that just trash trash um I don't believe it includes recyclable I can get with our expert who put the the statistic together and email that to you okay thank you she needs to phone a friend for trash talk any other comments or questions Kelly great job thank you you sent us the full report via email too we appreciate you doing the presentation tonight thank you thank you thanks nice to see you next we will move to Communications from citizens and I will pass that over to the vice mayor thank you mayor I'm going to read a statement about the protocol for communications from citizens and then we will call you down one at a time you will have three minutes and can you remind me the clock will be up on the screen so that you'll be able to see that when you're speaking so each person will have three minutes 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 bid bin 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 them matter be put on a future agenda per estate statute I'd read it but you probably wouldn't remember the number the town asked that when your name is called you come forward to the public podium state your name and place of residence and then begin speaking your comments should be directed to the council not the audience all speakers are expected to observe common standards of decorum and courtesy personal attacks political speeches or threats of political action are inappropriate in this forum and will be grounds at the direction discretion of the mayor for ending a speaker's time at the podium so um saying all that I'd like you to know that we are looking at different options as we move forward to make sure that we hear from you and we'll be talking about that more later but in the meantime we're gonna I'll call a name and then I'll mention who's on deck for the next one because I don't think we need to do three since we're not so far to go so first up is door Elise Liddell door at least just come on forward and we'll get the microphone on for you to state your name and a town of residence well good evening my name is doralise Machado Liddell I'm a Gilbert resident um thank you for allowing me to speak I want to speak tonight on the study session because I can't speak during a study session I would ask the council to respectfully place that on an agenda item so that members of the public can speak during study sessions I think it's a great opportunity to hear what the public has to say prior to it going to council and regarding the study session and the the park that we were just talking about I have some concerns some of my concerns are safety and when we're talking about the food trucks and the alley I look at circuit circulation one of my concerns is there isn't the appropriate circulation in the that area of the park meaning the alley the alley is closed off and I think that should be considered in in the planning stages of the the park itself the alley has an easement on it and I think that that it is a needed and necessary pass-through for emergency vehicles if you're going to house so many people and have special events you do need to have a lot of outs so that's one of my concerns my next concern is no noise mitigation I think that's one thing that we talk about water but I think noise mitigation is something that needs to be considered we'll have competition through the food trucks in addition to the residents who live in the area and and at this time we hear the the noise which is is fine but if you're going to have concerts and large events that will impact when I looked at the renderings I saw this really this overpass it looked like a vehicle overpass I'm very concerned if we see it we may think it and it may become I never want to see an overpass leading in to a residential neighborhood I hope that it Still Remains a pedestrian and will always remain a pedestrian I think for the safety of of everyone park hours I think that that's going to be an issue and I hope that you look at that regarding what the park hours actually are and consider that so in saying that I never thought that I would hear that that Park is an aging Park when it was built in 2008 I think that we need to consider what we're doing for the future because the more technology we place in it it's going to be outdated people want to see and and um enjoy a park in regards to birds I think yeah but I also think maybe you should identify trees it would be given a nice opportunity for people to learn about trees those are my my concerns my major concern is safety and that alley thank you thank you Miss Liddell and I apologize uh Echo love you're up next and after Miss Love is Teresa Welker thank you hi hello my name is Echo love and I'm Gilbert resident I'm following up with you from an interaction that occurred at the Town council meeting back on December 13th if it is helpful for your recall I am the resident who is under the impression that I'd be given 10 minutes to speak but then at the podium there was a correction and I was only given three minutes I also emailed Town staff on January 10th regarding this issue but I did not receive apply thus I wanted to follow up using this platform as well at the December 13th meeting I spoke regarding the madera's z2212 project during that meeting I stated that the developer had failed the traffic study since that was the guidance that I had been given by Town staff prior to the council meeting after I finished speaking Vice marientes followed up with the developer and asked if he knew what the individual was speaking about when she said the traffic study had failed the developer then replied and stated that he did not know what I was speaking about and that the concerns were provided were related to parking only and there were no traffic concerns that was a very surprising and concerning statement to me since it was in contrast with what I had been told by staff I followed up with Noah schumerth planner 2 from planning and sewing after the meeting and he stated that the report did fail in the sense that it had failed the first review within the active design case he stated that there was a good deal of work that needed to be done on the traffic management side of the site in addition to the parking concerns Mr schumerth then went on to explain to me that there were four major traffic issues related to queuing arterial distancing level of service values and Higley and Ray Road improvements because the traffic study had already been returned to the developer for review and the developer had a meeting with Town staff the following Monday to address these traffic concerns I found it very concerning that he was able to state to the council that there were no traffic concerns all of this to say that I feel like his statements represented a significant impropriety as it was relevant to the Town Council the vote that followed immediately after that I was also surprised that Town's staff neither Eva cutro and planning Northern traffic department who are said to be standing by gave comment or clarification prior to the vote thus I come to you today asking for I guess guidance and information on how information presented to you by the developers live at these meetings is verified for accuracy because the votes do occur right then what is to prevent a developer from giving anyone false information deliberately not deliberately or just misconstrued that then results in a vote in their favor versus one that's given to the town thank you for your time thank you Miss love appreciate it um Teresa Welker and then after Teresa will be it looks like McDavid Dobson okay thank you good evening my name is Teresa Welker I'm a Gilbert resident and I'm here tonight with my neighbors to talk about the structure on at 2711 East Melrose Street we have lived on Melrose Street for 13 years and we've lived in Gilbert for 23 years a few years ago a repairman came to my door and when I opened the door the first thing he said was do you realize how blessed you are to live in this neighborhood as soon as I pulled off of Germaine Road and into your neighborhood I just felt so relaxed it's so peaceful here it's a wonderful neighborhood and I completely agreed with him as you turn off of Jermaine there's a tree-lined street with beautiful trees you turn on Melrose Street and there's a row of houses with acre lots big front yards spacious generous space in between homes to give you that relaxed open feeling that we all love and at the end of the street is the cul-de-sac ensuring that our street is quiet and for residential use kids have the security to walk across the street be outside and we're so grateful to have this beautiful neighborhood to live in but now things have changed a little bit on Melrose Street when you turn that corner down the street there's a three-story multi-unit detached stand-alone building in the front yard at the end of the cul-de-sac and now when people come to my door they say why is someone building a house in their front yard and how was this ever approved we've talked to many Town employees that were shocked and surprised when we brought up this project some promise to get to the bottom of it others said that it shouldn't have been permitted I urge you to take another look at this I urge you to look at the plans if you haven't seen them and to look at the pictures that we have presented to the Town Council but better yet pictures don't really do it justice we would appreciate it if you would come to our neighborhood drive down the Treeline Street and turn onto Melrose Street look at the beautiful homes and the spacious Lots and then pull up to this multi-story multi-unit detached building with two party decks on top in the front yard of the house on the cul-de-sac and ask yourself if you would want this in your neighborhood and if it should have been approved in ours I appreciate your time and I'm we're here to ask you to do the right thing thank you thank you Miss Walker um McDavid Dobson and after that will be Ernest Langdon uh good evening my name is McDavid Dobson or David um I live at 2649 East Claxton in the Poco Bueno Ranch neighborhood with the welkers I am one street over on Claxton uh when I saw what was going on on Melrose I was somewhat taken aback my family has more than a little bit of history in Gilbert our farming operation was right across the street from Joe Johnson's uh epicenter I know Joe personally we basically grew up together um I worked very closely with the town 20 years ago to help part of the Golden Triangle or the Gateway character area with names like Linda Edwards and Jerry Swanson and I think maybe even a few people on the council or maybe even the mayor um these people that we worked with back then had a a standard and equality about him when it came to planning and zoning there was a Structure about it and when you see what's going on on Melrose and Tamir or to Echo what Teresa just said everybody's shocked to say the least how do you approve something in somebody's front yard that's like this especially when every other home going down the street has a front door that faces due north and you approve a structure that doesn't have a front door matter of fact it's got four or five entrances spiral staircases party decks it doesn't conform there's no way if I were to have that exact same structure try to be approved on my property and somebody like Linda Edwards was in charge of p z would I ever ever have gotten that approved it's just too bad when I feel like the neighborhood that I live in the town that I've been in all my life and we have this one little speck where it seems like so much is being done to let it happen and just not much is being done to see what we can do to pause or stop or look at it in a different light I mean we've talked with people in the town we've tried to be open with our communication and our frustration and it just seems like there are more people willing to try and make it happen than help us to see if we can mitigate it or make sure it doesn't happen and not only not happen here in my neighborhood but though it doesn't happen again the Precedence that it sets in HOA or I'm sorry non-hoa neighborhoods that are going to allow this kind of development especially if the town is going to let it happen as well is just chaotic to me it's just there's not a lot of structure involved with it it scares me to be quite honest with you I hope it doesn't come to this but if legal action is necessary I'd be more than willing to join with my neighbors and make sure that we can get this stopped I thank you for your time thank you Mr Dobson we have Ernest Langdon and after Ernest will be Diane West I'm Ernest Langdon I'm a resident of Gilbert I appreciate you guys giving me the time to talk to you um I'm going to say I'm going to try to summarize this the best that I can this is um a structure that's being built at the end of my street I take a right down at the end of my street now there is a structure that is two stories taller than anything else on the street it's in their front yard it doesn't meet code and the interesting thing is when this was pursued by the people in the neighborhood and they showed up to a meeting here at the town they changed it from a guest quarters which was what it was approved as denied three times previously then approved as a guest quarters and now all of a sudden it is a home extension This Is Not a Home extension this is an apartment building why do we know it's an apartment building why do we know where they're going to rent it out it has multiple entrances it has wiring and plumbing for multiple kitchens and washer and dryer units I don't know about you guys but I don't need three separate kitchens and three separate washer and dryer units in my home extension the owners of this property have seven other rental properties in the state they have rented their own home out for parties in our neighborhood that have gotten well out of hand the details are grotesque this is something that should have never happened and why it got approved and then why on that morning of that meeting it got changed I have no idea it was built on top of easements that belong to the town of Gilbert and to SRP a cease and desist order was put in place and then a couple of weeks later you guys look ah we don't really care about that it doesn't make sense for that to be happening no logical reason behind it I am encouraging you begging you to do the right thing here shut this thing down it makes no sense it doesn't fit with a neighborhood and if it's probably not legal we will pursue legal action if we have to legal action means Discovery and Discovery means all the documents the communications come out and then the truth will come out and I think that's the part we should all be concerned about thank you very much for my time thank you Mr Langdon next Diane West and following Diane is Terry Natty thank you mayor Peterson and Council men and women my name is Diane West and I am a one daughter of my parents who live in poco Bueno they live right next door to the house in question and that addresses 2711 Melrose Street there are 22 res they are 22-year residents in this in this neighborhood as it's been said it's a quiet neighborhood with a very tight community of families within I would say about 10 years the neighbors started renting their home out there have been multiple parties that have turned into disastrous situations and now we have a structure a three lower level basement two stories two huge Decks that go above that structure in the front yard of their home clearly we can make speculation about it but rather than speculate what might happen or not happen in that structure I think we need to just go back to the basics which is how did this ever how is this structure ever approved I love mayor uh Peterson that you said uh Gilbert as big as it gets and as small as it stays I love that saying and it captured my heart immediately because that is our community that is poco Bueno there is certainty in that community there is certainty that I know that my aging parents will be cared for by these amazing neighbors these amazing neighbors can be assured that my family will help care for their children and families when in need there's something about living in certainty and the uncertainty that has been created by one family with one huge structure is alarming I ask you I drove here 4.8 miles to come to this meeting I ask each of you to drive 4.8 miles I don't want you to look at it from aerial photographs I don't want you to look at a site map those will help be supportive in the future I need you to get in your cars and drive 4.8 miles and with certainty I'm going to go back to that word with certainty I hope I leave here tonight knowing that you will each of you drive 4.8 miles to Poco Bueno and see it for yourself thank you for your time thank you for your service thank you Miss Wist and next we have Terry Natty and following Terry will be Chris Welker hi everybody my name is Terry nutty I live in a county Island within the Gilbert planning area and I love the new digs and welcome to the new faces um I received this book from someone who is no longer on Council didn't need it anymore so this is part of the packet that was given a counsel for the 2022 Transportation master plan this is town of Gilbert Street typologies I don't know how old it is but I'm assuming it's Circa 2022 on page 31 it talks about Minor arterials Ocotillo Road is a minor arterial and it has the standards which your engineer Mr David falmiato wants to hold okatio too which is great but if you look there's five different kinds of minor arterial roads there's Recreation open space there is residential which I think is what we are there's Neighborhood Activity Center there's Regional activity center and there's the Heritage Center and each one of these it has key characteristics and Design Elements and everything and each one of the minor arterial roads each of the five say that the right-of-way can be 110 to 130 feet I've been asking you to keep Ocotillo at 110 feet 55 feet on each side all five of your minor arterial roads say that that is okay It also says that Lanes can be 10 to 11 foot they don't have to be 11 foot they can be 10 foot it says that bike paths should be six foot but they can also be five they can also be seven there's room for change if you all pull this project out of the bundle that you approved it as we can stop the nonsense of the lawyers we don't have to pay lawyers to do this you guys have it in your own documents I don't understand why this is a thing please pull it back please pull your project back to 55 feet on each side it's within your own limits thank you thank you Miss Natty next we have Chris Welker and following Chris will be Amy Langdon good evening mayor Peterson and members of the Town Council I appreciate the opportunity to briefly address you and thank you for your service my name is Chris Welker I've been a civil litigation attorney for 23 years and a resident of Gilbert for 23 years and I'm here tonight speaking as a resident of Gilbert specifically a resident of a home on Melrose Street I'll try not to duplicate what's already been said and value your time but I do think a few points are worth reiterating this project that we've been discussing in the cul-de-sac of Melrose Street again is built in the front yard is being built in the front yard it's still early in the construction stages though it's gone up 30 feet into the air it's 5 000 square feet being built in their front yard blocking their original front door it has multiple entrances three levels three kitchens different entrances for each level it has two rooftop party decks it has a full gym above an RV garage again it's 5 000 square feet 30 feet tall facing Due West while all the homes face due north and it is clearly intended for rental purposes how do we know the owners of the original dwelling have rented out their home for short-term rentals for the last several years they own seven rental properties throughout the state that they rent out as short-term rentals again this is designed to be used for multiple units it is essentially an apartment building or a hotel complex that's been built and permitted for a front yard we've met with the town we've had numerous conversations with Town staff we had a meeting on November 7th this structure was initially approved as guest quarters but under the town's code it does not meet any of the requirements for guest quarters guest quarters must be limited to one single story it cannot be taller than the original dwelling it must conform architecturally to the original dwelling this does not meet any of those requirements it's 33 feet tall it Towers over the original dwelling and it is not at all architecturally similar it faces a different direction it blocks the original home it's in the front yard so when we met with staff on November 7th we were told that that morning staff changed the designation from guest quarters to a home Edition that is also inappropriate that is a fiction everyone can see this is not a home edition it's detached it stands alone it's over 20 feet from the original dwelling it violates the single-family residential use of this neighborhood it will violate single-family zoning the intent is to rent it out for multiple units in violation of Gilbert zoning ordinances it also violates the setbacks it was allowed to be built within 20 feet of the neighbor's front yard instead of the required 40 feet those are just a few of the many many violations that were approved for this dwelling and we again plead with you to please shut it down thank you thank you Mr Welker we have Amy Langdon and following Amy is Nathan lesueur hi Council thank you for having us and clearly we are all very frustrated I too am a neighbor on Melrose we're here I'm not gonna repeat everything but I am gonna Echo off of what Chris said is that there are several events that have been changed or violated all the way down to the fact that what it was originally proved as as guest quarters then it got changed and it got changed he's he's being nice but it actually got changed in the meeting where the the individuals that were met with said well I just changed it right now we've made several attempts to reach out to do this the right way to do this civilly to do this in the interest of what the own town has your this town our town has set for legality for zoning and planning it's interesting that this is the first meeting because there's two of you who are new um and the platforms of less apartments and we're allowing apartments in a residential neighborhood in a front yard we have we want to follow zoning roles and planning let's make zoning rules and planning um Rule and regulation that needs to be followed it's not being followed our own Town members are violating that the people that we're employing we have um we have people being quoted in the news Mr Torgeson you said well we must respect the property rights of those who own Zone Lan we must also respect the rights of families that made their Foundation there of owning a home and that is what we have we own homes and it's not safe there it is a safety issue we've talked about rentals we've talked about the things that they've done I'm gonna keep this clean but I'm talking about sexual nudity in the streets in the middle of the street in front of houses I have a nine-year-old do you know how hard it is to teach a then seven-year-old what all of these things mean we have examples of armed guards at the door for parties who needs an armed guard at the door for parties what you do inside and what you have fine but that's not acceptable the streets are blocked we had Miss West talking about her old parents these streets are so crowded when they rent this place out you can't even get you couldn't even get an ambulance through the neighborhood history generally repeats itself a tiger rarely changes its stripes and so we are asking you to please come out please see it for yourself our attempts to work with you legally have been ignored we need you to come see it you need to understand what this is and you need to take a look at the history of what has been approved and the people who are changing it in order to pass it through thank you thank you Miss Langton finally we will have Nathan lesueur hello mayor Peterson and vice mayor and council members my name is Nate laswear I live at 2714 East Melrose Street um I'm a fifth fifth generation farmer here in the valley my dad was raised here he raised me here I've raised my family here I love Gilbert um so I I am my front yard is 20 feet from this apartment complex so it's almost in my front yard um I just wanted to talk about another issue that this thing has created I Echo everything that has been said but per the permit application the town requires there are four checkpoints that a applicant must fulfill the last one is a site grading and drainage plan for the lot for lots that have on lot retention that's us um we haven't had a monsoon season yet with this structure we've had some light steady rains and after these rains it looks as if my front yard has been flood irrigated um it took their front yard which was a depressed front yard to now a raised front yard and no retention so it flows all into my yard so I one of the things I've asked the town is could I please have a drainage and grading plan for 2711 the response I received back was based on our research it has been determined that there is no grading and drainage report plan for 2711 East Melrose that is only one of the problems with this project um I don't know how they were able to receive a permit not checking off this bullet point but there are many others that they don't check off um there's been some discrepancy in the site in the setbacks for the facility and with some creative um explanations the town was able to say their front yard is now there side yard so they're only required 20 feet which if you follow the town's explanation it puts the original dwelling in violation of the new setbacks that have been created for this Edition I'm asking for your help I've never made a complaint in my life about the town of Gilbert I love it here I don't feel that a lawsuit is required to help remedy a mistake that was made I must I make mistakes all the time all I can do is help remedy mistakes I've made I appreciate council member Anderson he has been on site the only responses now that I've received is that the drainage problem is A Private Matter which was created by the town so please help thank you thank you very much Nathan appreciate your comments that's it for the communications for Citizens I just wanted to take a moment and thank everyone who took the time out of their busy lives to come down and talk to us about issues that are going to be before us or maybe before us in the near future as you know we're not allowed to talk about these issues in this forum because it wasn't agendized mayor at this point I think I will turn it back to you thank you vice mayor we will now move on to the consent calendar and I turn it back over to you first night thank you for your patience as I I learned my new duties um on the consent agenda we have two items that we will be pulling from the consent agenda item seven which has been removed from the agenda altogether so we won't be taking a vote on that item and item 21 which is the minutes from the last meeting and since not all of our council members were seated at that point we will do a separate vote for that motion um so we'll be looking for a motion to approve consent items number two three four five six eight nine 10 11 12 13 14 15 16 17 18 19 and 20. can I have a motion please so moved seconded by council member Torgeson please vote I'm sorry mayor give me one second first night Jitters um Sean are you available for icing Sean's getting his exercise tonight I hope you're counting your steps for um walk from Maricopa Sean laughs all done mayor thank you motion passes 7-0 um vice mayor do you want to make a motion on 21. very well thank you uh yes I'd like to make a motion to approve the minutes item 21. can I have a second please second councilmember Kapowski vice mayor and council member krapowski please vote and that motion passes 4-0 with three abstentions from our new council members thank you thanks vice mayor great job first night we will now move on to the 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 or in opposition to an item we have do we have any slips to speak for public hearing no May or not have been received thank you so we have um one liquor license I'm sure that everybody wants to discuss the zoning change so we have one liquor license we have a property acquisition and we have system development fees audit would we like to entertain those in one motion would someone like to make a motion of approval can I get a second I'll second I have a motion from council member Krause excuse me Anderson seconded by councilmember Bon Giovanni please vote motion passes 7-0 I shut my mic off opening the public hearing on zoning item z22-13 conduct a hearing and consider adoption of an ordinance amending the town of Gilbert Land Development code and I is Noah coming up to present yes so we'll have staff presentation on this item since this isn't a developer item it's just Town staff then we'll just have Town staff doing a presentation at that time I had I'd like the council members to ask any questions that you might you've got a full group here to ask questions of before we bring it back to the diocese for discussion but I'll prod you along the way to make it easier there we go here we go mayor Peterson vice mayor tilkey and Town Council thank you for the opportunity to present for to you regarding the zoning case z2213 the mixed use zoning LDC text Amendment this is a case that each of you have been briefed on previously so I will do my best during the presentation in Samantha Novotny who is also presenting with me will do the same to try to tailor the presentation to ways that respond to some of the questions and comments that were brought up since while giving you a general overview once more of what is specifically being voted on this evening uh so first we want to bring forward the recommended motion for this case for the Mixed use zoning that the Town Council approved z2213 the text amendment to uh the chapters that you'll see listed on the screen there in each of their sections uh to create three base zoning districts mixed-use small mixed-use large and mixed-use Regional in addition to the creation of a mixed-use development design guidelines booklet that would be approved by the town just to give you some background very quickly on the where this case has been thus far it's been about what you're seeing today is almost exactly one year since we started to at least consider bringing a case like this forward we did everything from a peer community's analysis to places such as Henderson Nevada and other communities that are similar to Gilbert in the west to try to understand what they're doing successfully with mixed-use zoning we went and we worked with many other departments to ultimately begin the work of creating these zoning districts in a way that we believe is tailored well to the town of Gilbert we have worked closely with planning staff with members of staff from most Town departments who touch the everyday practice of development in the town of Gilbert we've worked with Community Partners such as the Chamber of Commerce we've worked with members of the development Community we've talked to members of the public about this we have worked with developers them so elves and ultimately worked with Planning Commission and now Town Council to work on developing a set of input that we can use to build the best possible mixed use zoning districts for the town of Gilbert which is what you're seeing this evening from staff this is something that was brought up previously to Town Council but it's worth just briefly revisiting why you're seeing these zoning districts at this exact moment and we believe that this is addressing four key problems that we're seeing emerging from this current chapter of Gilbert's development history the first is that there's this interest in mixed use developments it's no secret that in Gilbert and around the country you're seeing more and more proposals for mixed-use developments and and you see that in our own office and development services currently but developers lack the tools to clearly propose them in addition the planning staff lack tools to be able to determine where these are best placed within the town of Gilbert if for certain projects at all and what is the best design for mixed-use projects public officials such as yourselves council members lack a clear set of standards and tools by which to measure and proposed mixed-use developments further potential success in the town and then the current method that we use to approve of some of the mixed-use developments that already exist in the town which are some of the town's most beloved developments such as one example would be the early phases of agritopia they're not developed in a way that is transparent and fair to the public they use tools such as the planned area development overlay and development agreements which are not as transparent for the public and makes it harder for them to answer the question of what is being built on the property next to me a clear set of Standards is necessary for the town in addition uh the this is designed to be a set of Land Development tools that help us implement the general plan as it was written it is an explicit short-term implementation goal within the general plan to create mixed-use guidelines that are consistent with the general plan its principles and action items and design standards that it sets forth and it also realizes a number of other land use goals in that General plan which you'll see on the screen to my right in addition it provides constructive flexibility for creating mixed-use developments that are unique to individual sites while still upholding the Integrity of the general plan in the Land Development code instead of developments coming in and altering the code to work for the development it is turning this back around the other direction the Land Development code and the general plan are now making it clear the kinds of what is allowed and what is not allowed when it comes to development and finally it realizes many goals that we will that Define what we're moving into in Gilbert this land use 2.0 a new era of development as we transition from what we've seen for the last 40 years which is kind of building in farm Fields Greenfield development into infill development and a the challenges how we're going to respond to the challenges that come with that uh and then just to to indicate that the there's been an analysis done that demonstrates that as written right now the development outcomes from this amendment are deemed to be consistent with the principles outlined in the general plan and the general plan was a clear guiding document for everything that was done and what you're seeing in the ordinance that's in front of you this evening I want to the the disgust in in uh to each of you of the council members but I want to provide a little bit more detail about each of these districts and some of the decisions that were made behind the standards within each district and I'll start with the mixed use small the mixed use small is a district that is designed to create small-scale mixed-use development for uh again smaller sites uh more of a neighborhood scale type of development it's something that we've seen examples of in the town in the past there's a couple Provisions that I want to highlight to to council members as to provide some clarification the main one being height height has been a Hot Topic in the a town of Gilbert it's no secret that height is a fundamental concept that affects other properties around a proposed project and what you'll see in this proposal is that the height for mixed use small is 45 and looking ahead you'll see 65 feet for mixed use large and 85 feet for mixed-use regional I'll touch on those districts again in a moment but I want to be clear on why we chose the heights that we did and the different pressures that planning tried to balance in creating those numbers these numbers are a careful balance between where we as planning staff were going which originally the heights were slightly lower than what you see before you and also what the development community and other members of this Outreach process that we've conducted have brought forward which is they wish to see higher their taller Heights greater flexibility and height and this is the balance between those different forces planning is believed that it's essential to balance how hype might affect neighboring properties especially when we start to think of this as an infill tool and so these numbers that you see before you reflect a balance between what was suggested and what planning staff believed was appropriate to be able to allow as a maximum height without overwhelming surrounding properties there's also some other notes that I want to just bring forward to you just to explain briefly how these numbers were arrived upon a landscape area was brought to the attention of planning staff about how we ended up with a 20 net Site Area uh requirement this is to provide a certain level of flexibility with mixed use development especially with smaller sites you can understand the challenge of providing a number for open space in the way that we do for different zoning districts when you're dealing with sites that could be half an acre could be a very small live work unit or it could be a 10-acre site that has a variety of different buildings on it open 20 open space means very different things on those two sites so this is meant to create a number that is kind of meets in the middle between a potential development outcomes while also still preserving a key provision which is that the at least the majority of that space be what we consider usable open space it is not just a retention Basin thrown in on the side as a way to provide open space but it must be useful and integrated into the development and consistent with the design guidelines that are provided for the mixed-use districts this is because these mixed-use projects which are often having different buildings or different uses working together it's critical that they have open spaces that can connect them well and be useful and mitigate the kind of urban impacts of some of those projects that may be built so that was how we arrived at that landscape number some of the other Provisions that you'll see in these districts are laid out for you in the ordinance as well and have been available for review in the packet I wanted to point out one more standard before I just walk through quickly through the rest of the districts and that is this additional height allowances provision which you'll see in the additional regulations portion of the new zoning districts it allows up to a slight height bonus for developments provided that they meet additional findings of fact there's been pressure put on planning staff in the past to provide additional height and high height incentives and things like that for meeting certain criteria we wanted to create a small bonus but only if it met standards that really reflect some of the lessons we've learned from past development practices in the town that being conformance with a set of design guidelines clear separation from single-family residential uses which are the most sensitive uses to the effects of height they have to have a reason for using this height and generally that reason with a mixed use project is the presence of ground floor non-residential uses which require more height on the first floor so it has to include that to to get that height bonus and then there has to be adequate mitigation on the Imp of the impacts of surrounding properties which we go into in the design guidelines in detail a little bit more in the code that that's set before you I wanted to provide this just because it is essential that we're clear about how we're approaching height with these projects in addition to uh all right because finding a balance between the the flexibility that's necessary to be able to encourage good mixed-use projects while also not overwhelming the existing Community character of the town and doing infill development well so I just wanted to illustrate a little bit of that uh I can quickly introduce the rest of the districts to you now the mixed use large district is designed to be a mid-sized district for mixed-use development it is meant to provide kind of medium density development it is really a tool that is designed to improve on some the the outcomes of some recent projects that you've seen in the town where you have multiple uses on a site but may lie in different zoning districts and may be poorly integrated together this is a a tool that has been already illustrated by developers being potentially very effective at integrating isolated land uses together and creating more cohesive projects you'll see just from the the table before you uh that it follows the landscape requirements that I mentioned before there's a minimum site size of five acres to ensure that larger projects are not overwhelming smaller sites and then there are things such as an arterial setback transparency requirements other regulations that are essential for producing mixed use development that really works well with surroundings and creates good cohesive internal sites when you have a site large enough where you're having Master site plans and things of that nature I'll move through this quickly since it's a little bit more technical I find that there's the mixed use Regional District which is a the largest District it's designed for kind of larger campus style developments and it is for a very limited set of areas around the town given that it needs a property size of at least 10 acres and it is one that is subject to the most stringent development requirements to ensure that the developments that are coming in with that level of intensity are designed appropriately and are managing the impacts on surrounding properties well but you can only uh manage the effects on surrounding properties well if we're really thinking carefully about how we're going to place uh mixed use developments within the town and right now the way that this is done is very difficult the currently we allow Loft above developments uh which is commercial on the entire ground floor or another non-residential use and residential uses on the upper floors that's allowed in many of our commercial zones but commercial zones are used all over the town in different contexts and that provides a very challenging task for planning staff to be able to dictate where good locations are for different mixed use developments so this is designed to place more of that Authority back into the hands of Council of Planning Commission and provide better guidance on where those projects can go uh first I want to note the first way that that's done is that this is a zoning text Amendment this is not a rezoning of any land so that means that a rezoning application is required to use this Zone in any capacity any mixed use project that uses these zones and there's interest in using these zones from a variety of developers has to come back through Council to be rezoned that means that every project gets evaluated by Council to deem is this a good project for this site and why we think that's an important element for bringing mixed-use development into the town of Gilbert in the future additionally it has to meet General plan compatibility and so instead of creating a dedicated mixed use General plan category which was is nebulous because you're dealing with projects all the way from the smallest live work unit or building something like what you would see in the Heritage District campus style developments we decided it was best to integrate these districts into General plan categories which mirror the scale and density of development that's already that's allowed uh already in some of these General plan categories and so mixed use small you'll see primarily in those neighborhood oriented districts in the general plan neighborhood commercial neighborhood office medium res density residential as a way to improve some of the development outcomes in some of those areas and to match the densities that you see in those areas mixed use large you'll see in our some of our more intense commercial Village Center kind of higher density residential categories and the mixed-use regional uses our our most intense General plan categories in terms of development and the reason for that is because we wanted to make sure that anything we allowed in terms of height or density related to mixed-use zones was not going to be a dramatic deviation from what is already allowed to be be built in these areas in the general plan in any Zone that's kind of similar in development scale in the existing Land Development code doesn't have a dramatically different height or allowed density as well and so this was us carefully trying to calibrate these three districts into our existing Land Development code and make it something that can allow mixed use development that land use flexibility without a uh upending the way that things have been done in the town already again kind of giving the giving the town new tools for land use development which is something that has been a theme of this project since the beginning I'll have Samantha explain just some more specific provisions of the project uh and then then we'll open it up for discussion all right so we covered the districts um but what also is relevant is how these districts fit in with our youth table so we imagine the three districts fit in right where that red line that red line is between hvc and no neighborhood commercial so we really took this task to balance a variety of uses within the project considering neighboring uses the scale of the development and any conflicts with the existing zoning that neighbors against where mixed use could possibly go and if you didn't know already we actually do have three mixed-use type districts hvc GVC and GBC so we didn't create any New Uses we didn't recreate the wheel here we really used those three existing districts as a model and then sort of Pare down what we wanted to see what uses would we thought would be appropriate in each of those our new districts um and then we also proposed two new L limitations just for consistency to create a parameter around the user size and then hours of operation my uh notes died here okay so this slide broadly covers the modifications to the other part of the LDC to ensure compatibility with the districts that NOAA just covered earlier and I want to take a moment here to highlight a couple in particular one of them is signage so signage is very important and there's there's a lot of new technology out there and can get really creative and it's important for businesses to identify where their business is but we want to create cohesion around that in mixed-use developments so we're requiring that a comprehensive sign program be required for a mixed-use development if a site is going to be master planned it also makes sense to plan out the signage as well and you know really this is not a departure from how signage is administered already on a master planned sites um the next one I want to point out is um mixed-use districts would not be allowed to be used in the Heritage District overlay and uh that's the second line there um so we we did that for a couple reasons um we didn't want to cause conflict between or undermine the tools already in place for the Heritage District this includes a lot of great tools available to staff and to the public and council members so like the Redevelopment plan the body of Redevelopment commission our design guidelines these are all tools that at this time in creating the mixed-use districts could come into conflict a mixed use zoning really is envisioned to be a tool used for everywhere else in the town and the last point that I want to cover is our vertical development overlay districts the two largest districts mixed youth large and Regional have a height bonus in the vdod districts which are areas that already expect and plan for taller buildings and you can see that in the circled areas on the slide if a development is interested in height we wanted to encourage consideration of using the land in the vdod areas since again those areas are already planned for taller buildings if a tall building is going to go anywhere in the town it should be in the overlay District that supports that and what's important here is that the height bonus doesn't go above what already exists and what's already offered in the vdod and as Noah pointed earlier this is a height sensitive community and we also are we're sensitive to that in creating this and putting all the documentation together and lastly I want to cover um our mixed use definition so we currently have a mixed-use development definition it was created in 2014 that was in line with a policy at the time to encourage multi-family development within Regional commercial the regional commercial zoning District however in creating the new proposal from this evening it seems that this definition was a little unclear whether residential uses would or wouldn't be required in order to meet that definition so we propose an update and that's a little more clear and takes sentence structure from organizations that promote best practices in mixed use development um I also want to note that the definition includes language on creating designs appropriate for the scale of development and its surroundings and uh I'll pass back to Noah to talk about the design guidelines which will really bring home the vision of um of how we want mixed use development to look in our community thank you Samantha so I want to address one final piece of this uh zoning case that is is we believe to be essential to the success of mixed-use districts in the town of Gilbert and that is a set of design guidelines design when you're dealing with multiple uses on a single site is more important than ever instead of thinking about simply mitigating the impacts of a single use on other uses around around it now you have to start to consider the relationships between users how you're going to not only navigate the the potential impacts of uses on one another but also think about how those uses May benefit one another by being in close proximity to one another and those benefits can only be realized through good design and so the design guidelines were created from a vast source of Inspirations from peer communities from various professional organizations and their best practices such as the American Planning Association the Congress for the new urbanism and the Urban Land Institute who directly had feedback into of this project feedback but also feedback from Community developers and partners about what works and what doesn't in the development Community for securing good design and also examples from past Gilbert developments both really strong examples and places where we believe that there could have been improvements made had we used different tools to implement those plans and so ultimately these design guidelines which are included in the the packet that's been presented to you try to create a set of guidelines that can ensure development that can move especially pedestrians between uses on a single site without a vehicle can increase the number of public and semi-public spaces that really make a development viable and interesting to those outs even outside of that development and create quality open space that mitigates the impacts of larger developments and ultimately create Dynamic relationships between uses and allow for greater economic performance of those sites it's been shown in studies that mixed use projects can often have a longer design life design viability than other projects and so this is designed to try to capture those benefits that have been seen over a long period of time with some mixed use projects in other communities that have been around for a long time these design guidelines apply to the three districts that are presented before you mus mul and Mur but also the Loft above projects that I mentioned earlier as a way to try to also bring them in because they are technically mixed-use buildings bring them into some of the design benefits that we see from these design guidelines being implemented for them they currently aren't subject to any design guidelines our commercial design guidelines don't really do anything to capture those projects because they are a little bit more of a newer design Trend than when those were written in I believe 2000 and those are allowed in the districts that you see before you so those kinds of projects would be subject to these design guidelines unless there was another set that superseded them such as the Gateway area uh you know character standards or things like that so that is all detailed in the ordinance that is provided before you so I I went over this briefly to start uh but I want to just be very clear that this was not created in a vacuum this was created by Consulting a wide variety of entities who I've listed here who all had Direct input into uh the things that will work in this project that they believe are going to be really successful and the things that we need to change and what I did for the two slides here was just provide every piece of feedback from these agencies and departments that was integrated directly into the ordinance that you see before you sometime between September of 22 and today and so you'll see that it was not a small number of comments and some of these which get into everything from accessory structure Administration to um you know the flexibility of residential requirements self-parking for residential uh in addressing um specific types of uses in the design guidelines these are all different pieces of feedback that were written into the the attachments that you now see before you you will also see some of the feedback that was provided by Planning Commission with their vote on November 2nd and also from their study session prior to that and then also some of the key highlights from the developer and Community partner Outreach that we had so as you can see this is really designed with a wide range of of Partners who we work with every day in development services and who would be intimately involved in the implementation of of projects using this zoning these zoning districts going forward and so this gives us a certain degree of confidence in coming before you with a with a project that's been well vetted so in conclusion I want to end with two statements that are used from the text of our design guidelines that really capture the key outcomes that we want to create from promoting mixed use zoning in the town of Gilbert as a tool for uh planning and other development services going forward and the first is creating development greater than the sum of its parts it's what I've been saying throughout the presentation of trying to think about well if we're going to allow multiple uses on a single site to try to promote a higher quality of infill development and you know better projects for mixed use development going forward how can we do that in a way where we're actually not only just getting the benefit of having the uses in the town of Gilbert but actually then creating projects that are inviting and allow those uses to work together well with their surroundings and with uses on that individual site this is possible and and can be done in ways that are really well tailored to the Suburban environment of Gilbert and finally the goal of this this project was to try to create a tool that increased developer flexibility for mixed zoning because as I said right now there's very few tools and the tools we do have are pretty difficult to and inefficient to administer while providing greater Town control over mixed-use site placement and design it is about again kind of turning that script over where the town is now writing prescriptive tools that we can use to determine if we're going to see mixed use development for the foreseeable future how are we going to design those mixed use sites where are they going to go to maximize the benefit that they have for the people of the town of Gilbert and with that we'd like to bring forward the recommendation uh to a recommended motion to approve z2213 uh the mixed-use zoning standards for three mixed-use districts mixed use small mixed-use large mixed-use Regional and the mixed-use development design guidelines that accompany these districts and a variety of other mixed-use projects in the town thank you for your time mayor Peterson vice mayor tilkey and uh Town Council Noah if I could just bottle your enthusiasm for energy you're fun to watch thank you for that thank you Samantha for standing beside him yeah it's um that was a lot to present you did it very efficiently and effectively I believe any questions from Council Members I'm gonna look down the line do you have any questions for the staff at this point yes um on on the mixed use large council member can you pull your mic a little closer or stick closer thank you okay there we go is that better hopefully on the mixed use large what type of development and and I know I'm sure you probably said the height but you did have a lot of enthusiasm going through there but what what is the maximum height and what are these going to be hotels is this that I mean more there's been more than just hotels but will there be high big high-rise apartment buildings what what is included in that council member of Buckley uh or Buckley I I do apologize thank you that's a really good question and a really important one to ask and I'll go back to the mixed use large standards uh to answer the a couple components of your question there so the first was the height question so the maximum height that would be allowed uh would be for the vast majority of projects uh again barring some of the very specific other examples such as the vertical development overlay districts it would be 65 feet which is slightly ever so slightly taller than what we currently allow in most of our commercial zoning districts such as General commercial for example uh you and you you mentioned the hotel projects and hotels very well could be a component of one there's a project that is on the near the SanTan Village Mall it is called the north side at San Tan Village that includes a 54 foot tall Hotel I believe that's in the regional commercial zone right now that would be a hotel in a retail Center that are integrated together that could be an example of a project that might use the mixed use large districts I think a great example to consider would be the Gilmore which was recently approved in a zoning Case by Town Council there's actually a very small picture of it in the top right corner there it's a little bit taller I think it's just a tiny bit taller than what you might be allowed to build in this Zone but it the the concept of the project is uh is there so you would have for example you see the kind of Loft above units there there's also more commercial dedicated areas that are part of that development in a variety of buildings that both include residential and don't include residential the issue we had with that site was how to integrate all of those uses together effectively in a way that was really attractive and so this is designed to maybe take some of the developments such as that and continue to think about how we can involve evolve some of the site planning on those sites to make those uses into great together a little bit better something like just a hotel on its own or just a multi-family building on its own are actually the things we want to avoid with this we don't want to create sites with this District that just have single uses all kind of dotting a site that don't talk to one another and so there are Provisions in the code that are explicitly meant to ensure that people are actually using this as a mixed-use code not just say as you mentioned build a hotel here build a multi-family project here right yeah so I'm trying to improve on some of those single-use sites there so so out of all three of these is 65 feet that's a like you said about what we have right now is that the highest that without asking for a height increase what is the highest someone can come in and uh be conformative with the hype that they want the Dual product right so for the um the mixed use small would be 45 for the Mixed use large as you mentioned it would be 65 feet you cannot go you cannot go higher unless you were to do the requests that I mentioned here where you could add one about one story of additional height provided you meet all of the standards that are there that include increased setbacks that include not being adjacent to single-family residential uh protections on surrounding properties things like that and then the mixed use Regional would have an 85 foot height limit and all of those Heights again are designed to try to just uh manage the fact that when you deal with mixed use development with different uses other than residential you generally have taller floor Heights and so you have to be sensitive to how height might change slightly from say our existing commercial single-use districts to make sure that those different uses can all fit together and fit within a height uh that that's realistic for some of the types of projects that you're seeing coming forward so you said there's it's 85 feet is the highest or 65 I I apologize these are two separate zoning districts that are allowed in two different types of General plan categories so the again the mixed use large is 65 feet uh and if you are rezoning to mixed use large you cannot go higher than that again or it's 85 feet if it's a mixed-use regional rezoning those are two different zoning districts um they would be considered completely differently from one another okay well I I guess to to put my question a little bit better what is the highest building Gilbert can build to be conformed yes so is that the 85 feet the so this would not be the tallest that can be built in the town of Gilbert um it would be for base zoning it would be I believe pretty close to tide for tallest it would be it wouldn't be completely unprecedented the tallest building that can be built in Gilbert is in one of our video D areas which you saw mapped earlier there are buildings that can go up to 150 feet with a development bonus there but that's very rare and has to use a development bonus Matrix with the town that I don't believe any development has ever used for the mixed-use districts that you see before you the absolute highest it could go and that's being in the correct vertical development overlay district with all of the design guidelines and all the standards met is 105 feet it could not go higher than that under any circumstance and that's only in about 0.5 percent of the town's land area and that's what we're voting on right now adding right okay there's what I pointed out is just in the Blue Area there um it's there are specific sites that are greater than 10 acres and that area would be allowed to use that Max height up to I think it was 105. um that's the only those are the only sites that could use that I'm gonna can I interject for a second sure um we are not voting to increase that 105 feet tonight that's part of the vertical development overlay District that could be done automatically without the zoning code change that we're doing tonight correct correct there are many developments I could already use that height in those vertical development overlay districts we did not want to increase the heights that are allowed in any of those districts with mixed-2 zoning I didn't want the council member to be confused that we were actually voting to allow up to 105 that's already allowed 105 feet is already allowed in a certain location with certain conditions so that we're just talking about the three different changes potentially to the code this evening thank you all right you answered my questions thank you thank you council member council member Bon Giovanni thank you mayor um no I'm a strong supporter of um mixed use and applaud you and your team for the hard work you did to put put this whole thing together a couple questions being 23 or I'm sorry being 13 days old and being fed through a fire hose um my knowledge of zoning is probably the smallest compared to all my colleagues here so I'm going to ask a couple of questions and uh hopefully they won't be um too amateurish okay um what did you mean by on your presentation you said mend parking standards to provide shared parking strategy council member Bon Giovanni I'll move to the slide that that discussed that uh the uh amend parking standards to provide shared parking strategy so right now what we have in the code is an allowance for certain developments to use shared parking provided that they come forward and get an administrative use permit and demonstrate that different uses on the site are supportive of allowing shared parking hours are different they allow you to use the same parking spaces for different uses because they're hours of operation and their peak hours of traffic don't intersect with one another what that means there in in perhaps I didn't make it entirely clear is it allows what we're looking at is that we have a parking study that is in progress right now that is evaluating our use uh our parking uses that are in our code the uses that we use to regulate parking and the ratios associated with those parking as well as our administrative procedures that includes shared parking and so we instructed our consultant that we're working with to provide some guidance on the best practice practices for especially Suburban communities such as Gilbert to have easier to administer shared parking standards for mixed-use projects and so that's what that means when you see the note on the screen to be amended with completion of parking study ongoing uh what that what that reflects is the fact that we're looking to have these districts be potentially integrated into that parking study to make sure that when we're thinking about shared parking with uses that are close to one another we're doing it in a way that's responsible and allows for those different spaces to be shared without under parking some of these sites because that can be a challenge with mixed-use sites is under parking so we're trying to get out ahead of that and address that so does the number of parking spaces affect the number of dwellings per acre council member could you repeat the question yeah does the number of parking spaces available affect the number of dwellings a developer can can you or can put up um uh per acre sure uh I development director Kyle is uh is uh has a has a story and an example of this that I think is worth sharing mayor Peterson um council member of angiovanni um to go back to the first um question about the shared use just kind of an example of what that would be a lot of times if there's a office use and a retail use together maybe that person is driving into the office and they're going to park and go to their office but they're also going to go to the retail Center and get a cup of coffee or have lunch or whatever so we don't necessarily need to double up on all those different parking spaces and create a sea of asphalt if we know that there's a parking arrangement in place and so this allows us to kind of go into that shared parking and really make a difference in how we're parking things to your second question it's actually just I think the opposite so the number of dwelling units drives the amount of parking spaces so I'll get the numbers wrong but let's say it's a one bedroom apartment you've got to have two parking spaces a two bedroom apartment so it's it's the parking is driven by the the density I mean I guess you could flip it but that's how that is kind of calculated as well so with that said um will you allow underground parking in any of these absolutely I'm sorry mayor Peterson councilmember Bon Jovani yes absolutely one of the projects we have coming forward uh now at Ray and Higley actually has underground parking as well thank you great question we have a couple of projects in Gilbert are one that I can name in Gilbert at valvaston Williams Field that has underground Park don't you I'll put Juniper and Gilbert is that considered underground great question any other questions at this time for staff councilmember Torgerson your office will have underground parking the uh what what was meant by self Park mayor Peterson uh council member Torgeson what's meant by self Park is a that the residential use has some sort of secured parking or some sort of separate parking that is dedicated to the residential use it ensures that if someone lives in that building for example or in that set of homes that there are parking spaces always dedicated to those residents that would mean that we generally want to make sure that before we even consider shared parking that we are those residential uses have the appropriate number of spaces on their own so that there aren't worst case scenarios occurring with with parking for for residents and and something that your comment there was suggests a question I had uh when you said homes rather than Apartments is this something that could also be for smaller homes entry-level homes or any home actually uh fee simple homes as well as let's say a small commercial use in the center of it mayor Peterson councilmember Torgerson probably not because the density is a little bit higher so I don't know that you would hit some of those density levels with single-family homes or smaller homes like that this is meant to be more of a mixed use kind of a stack project if it came in at that density level it's something that could potentially happen but I think it'd be a little bit of a stretch to get there thank you if I'm wrong we still allow horizontal mixed use but it's okay other questions for staff at this time councilmember Anderson I always happy to hear during your discussion about the design guidelines that we included the police department because I think the design of Open Spaces in this uh these zoning categories it's important that they be safe spaces too and I know they're very well versed in ways to design those open spaces so they are safe spaces so I'm glad to see that um I'm going to ask Kyle Samantha mentioned signs and Kyle knows how much I love signs and it talks about in the in the new districts more complex signage policies our A-frames complex signs mayor Peterson councilmember Anderson I wouldn't say that A-frames are complex signs A-frames are temporary signs that are allowed to be placed in the community the complex science would be more of the way finding and the street signs inside of a development I'm just concerned that given the densities we're going to have both businesses and residential that there's the possibility for a lot of A-frame signs going up which reminds me that I'm still owed another report either from Sarah or you on I think on on A-frames and how it's been accepted in the community the business Community still sees them as important drivers of their business I don't know Sarah is that something don't don't you don't need to come up that's okay I'll talk to her later mayor Peterson council member Anderson Well Sarah and I all work together on getting that information too thank you he always has to bring up a frame size um questions councilmember koprowski vice mayor no um I have a couple so you did mention that this would not be allowed in the hvc zoning but you also mentioned I believe that I caught that it would be allowed in the GVC zoning is that correct mayor Peterson Council uh to some degree there that addresses a slightly a slightly separate uh provision so for the hvc uh the Heritage District yes we determined that it was best that we don't immediately include the mixed-use districts in the Heritage District because the hvc zoning tool was explicitly designed to carry out the Redevelopment plan and the design guidelines for the uh for the Heritage district and so in that area we would want the input of Redevelopment commission about how they might want to handle this and how it may affect the Redevelopment plan to review that work with OED and some of the other departments involved specifically with the Heritage District to make sure that those those mixed-use zones work for that Vision but that was a uh something we wanted to leave to the discretion of of the input of that body as well as for the current zoning right in addition the the mayor Peterson the hvc zoning allows for mixed use development as well what you saw with the GVC and GBC is simply that when we have a mixed-use building uh div or a mixed-use project that is allowed currently in those zones which are in a certain area of the town they also have to be respondent to the site and uh the building design guidelines here the zoning itself can be used in that area as well and would be compliant to those design guidelines but as for GVC and GBC those are those also for those Loft above projects would have to comply with the design guidelines we could use those as a tool for promoting better design on those projects as well okay and for the um Mur you talked about it would automatically allow 85 feet I think and since it is already in the vdod um what is allowed automatically in the vdod is it 65 75 I can't remember uh mayor mayor Peterson in Council that depends on the the base zoning District the base zoning right now ranges from uh usually about 75 to 105 feet which you could get by right and then by participating with the town and the development bonus Matrix that's included in the Land Development code you could reach as high as 150 feet for I believe it's regional commercial in areas one in five but I don't I would have to review the code again I don't remember off the top of my head but yeah so that that's how the video D is administered and those would be obviously right along the freeway in a spot that would really handle something like that not right up against single family residential or anything I was just concerned with the 85 feet but it sounds like it really does fit the code that we already have in place so I don't have an issue with that and it was I thought it was interesting that you talked about um the pad process and how this makes it more visible if you will to the public because we really when I came on the Planning Commission I think we did pads like almost every project and then we really stopped doing pads and we only do them very infrequently now really I think um and so it was interesting to hear your evaluation of that and how you think this will bring it more to the public and they'll have more input and they'll understand what the Project's going to contain versus a pad that we could shove a whole bunch of different things into a project and it wouldn't be as clear that was my technical term shove stuff into the project so I appreciate that you pointed that out and does Samantha have a comment on that yeah I did have a comment I'm glad you brought that up um I uh mayor Peterson I wanted to point out that in our pre-research we actually pulled a few old pads and used those numbers in drafting the outline at first we really relied on previous staff um history and experience in addition to projects that have been approved what's worked in the town and and how can we inform what we're creating here that's great I love it I love um how you're looking at all of these different um definitions and designs and guidelines and um I think I think I was on that 2014 multi-family steering committee were you on that 2014 I know I was with Joan Kroger anyway I was on that 2014 multi-family steering committee that you're talking about the definition and everything that came out of there so it's interesting to see how it's moving forward and changing as the community is changing and bringing different options to us so I appreciate that I I appreciate the work that has gone into this and the different things that you're pointing out to us things that I don't think I've thought about for a while so thank you for that any other comments or questions for staff at this time because once I close the staff comments we'll be bringing it back to the diocese for discussion last call okay thank you team appreciate you I will somebody shut my mic off I will bring it back to the um diocese now for discussion and any comments from anyone okay to go thanks thank you vice mayor um first I just want to congratulate the the team this has been a long project and quite frankly I think we were talking about this 20 years ago when we were ahead of our time and we weren't quite sure what this could look like because the market wasn't there and um when I read through it um I would say that the residents and businesses of Gilbert should feel comfortable that with these guidelines we are asking for a lot for them to come in and ask for a mixed-use project so it I believe that um by providing the guidelines that we have it provides those developers who want to invest in our community to understand the standards that we have an expectation for and of course those guidelines provide flexibility which is important because not all not every Project's going to fit in a box and so we've put a lot out there that um we've spent a lot of time looking at the past as you said best practices and it shows in this document and so I feel very comfortable at this I appreciate how many years it's taken to get here and here we are and I will be in support of it thank you thanks so much I think I need to close the public hearing I don't have my cheat sheet up here for public hearing so I think I need to close the public hearing bring it back to the council for discussion any other comments councilmember Anderson um I feel the same way that vice mayor tilkey feels about this but it has been a long time coming I unfortunately I can remember 20 years ago talking about it um but I think for our city of the future initiative it's this is this is a great example of how we can address much of what is in that initiative when it comes to the quality of life here in Gilbert we've talked about implementing a property maintenance code which will certainly go a long ways in addressing some of the issues of cities as they mature but I think design guidelines and very specific guidelines along with zoning districts such as this will do the same thing as that maintenance code may do is we have certain standards that we will ask for in Gilbert and they're outlined in very specific and very clear so thank you for the uh for the the work that you've done on this have they have they presented before didn't didn't you get a new word Noah has no that's usually directors council members September I mean okay wow um it's usually directors or that they have a secret word that they have to work into their presentation when they come present for the first time Noah has presented to us Samantha have you presented to us I don't think so no this is your first time okay they did an excellent job thank you very much the words have been quite interesting over the years yes any other comments questions yes councilmember Torgerson I just wanted to remark again Noah I want you on the QVC Channel yeah just sell away my friend sell away um actually I I do appreciate the work in there and I know Kyle's got extra gray hair over it so that's good but I'm very I read through the packet and I had asked Kyle earlier and figured the answer later but uh I like what it is I like the fact that Scott's pushing against A-frame signs because somebody will probably buy more from me and I'll make more money and then I just want to say I appreciate that and thanks for getting back to me Kyle and I will um I will Echo everything that's been said I I do support this I again I thank you for the work that has gone into this I also want to point out that the Chamber of Commerce and Sarah watts is here this evening um submitted a letter to us supporting this their public policy look I know you presented to them in their public policy sent us a letter to a recommend approval of this too so that's always great that we can hear from our business Community whether they like A-frame signs or not council member Anderson and I would be happy to accept emotion on this if someone would like to attempt to do so thank you um mayor I'd like to make a motion to approve item 23 zoning the 2213. can I have a second I'll second that I have a motion by vice mayor tilkey seconded by council member Torgeson please vote motion passes seven zero way to go team great work thanks for all that discussion this evening and Noah again I'm going to bottle Your Enthusiasm now we'll move on to it kind of reminded me of Ken snow a little bit um now we'll move on to administrative items we right can you see it we have reports from boards and commissions and committees does anyone have anything to report this evening vice mayor yes thank you mayor I wanted to mention that we are a Communications subcommittee has met twice and since we aren't allowed to talk to you all about anything I just wanted to give you a couple updates that we are working with the town clerk's office at this point to um review and update our request to speak cards so it'll be easier for the public to understand how to use those and also working with both the Town Clerk and digital team to produce a video outlining public input processes that we can use not only here but online and so I just wanted to let you know that that's in the progress and you'll be seeing that more but just an update on that and while I haven't attended the first meeting um for the mag domestic violence Council I got an email that noted that February is teen violence prevention months where they are featuring webinars series every week and if you're interested I thought it had information not only for your team but as a parent how you can talk to your teen and things that you can be looking for and I believe you can sign up online through azmag.gov but I thought um some people may have an interest in that thank you thank you vice mayor um any other reports from anyone now we will move to Communications report from the town manager on current events look at me looking to the left right at you thank you mayor members of the council can you guys hear me okay okay um first I got a question for Noah did Kyle really force you to call him director Kyle no because I can follow up with him on that nice work okay a couple items for you mayor I've got two happy but sad announcement about some very long-time employees who will be leaving us soon to start we have a senior water distribution utility technician Susan Logan who is celebrating her retirement on February 1st after over 22 years of service in Gilbert Susan started out her career in Gilbert in the water metering Department before promoting to the water distribution Department as a utility worker she served for nearly 20 years and was promoted into the senior role in 2015 in her years of service Susan has demonstrated her drive and dedication to the team and has been awarded 37 on the spot awards for taking initiative improving process working on special projects and supporting co-workers her performance and enthusiasm led her to being selected as the 2007 employee of the year Susan has gone above and beyond as a mentor and leader and coached her team in the AZ water hydrant hysteria competition earning second place in the Statewide event both 2019 and 2022 Susan's dedication to our team and to the water industry will leave a lasting Legacy that will be forever grateful for and which we are exceptionally proud of who wish Susan all the best in a retirement in future endeavors next and and this is a name and a face that I'll bet many of you know after 27 years Jody Becker uh in our parks department one of our beloved Park Ranger and a park ranger supervisor at that she retired on January 11th Jody has been an employee with Gilbert Parks and Recreation since 2000 or January 1996 and has been an instrumental in the development of the Gilbert Park Rangers this team started with two non-uniformed caretakers that would assist with the maintenance duties at Gilbert Parks today the team is fully uniformed and works closely with facilities maintenance and the Gilbert Police Department Jody was highlighted in the July 2020 issue of Parks and Recreation magazine distributed by the national Recreation of park parks Association and she was also a Gilbert MVP for Innovation winner in 2014 and we will miss Jody greatly we do have something special we're going to do for him we're going to put some A-frame signs out in front of town hall thanking them for their years of service as a special way to commemorate both sides of the A-frame yes and then lastly I wanted to thank the Gilbert staff and volunteers that participated in the regional point in time count that is done annually it was a very cold morning they go this is part of an effort to get a handle on the size of the population in this region of people that are experiencing homelessness not only Dykstra Dykstra has been doing it ever since I've been here and Melanie helped lead that team for us this morning so very appreciative of what she does for us and all the people who showed up on a cold morning to do that thank you thanks for mentioning that Patrick next report from Council on current events councilmember Anderson I just realized as you were doing those recognitions at the beginning of the meeting there is one other person that we ought to recognize who is also a graduate from Perry High School the starting quarterback of Patrick's favorite team the 49ers Rock Purdy is a Perry high school graduate yeah he plays this week yeah yeah that's great we have some great talent coming out of Gilbert any other yes councilmember kopreski good evening being from an Asian cultural background I just wanted to wish everyone a Happy Lunar New Year that began on Sunday the 22nd mayor year of the rabbit be full of Happiness prosperity and health and I hope you enjoy some of the regional events that are happening around the area in celebration of that thank you councilmember caprese any other comments from report from Council well I did my report at the beginning of the meeting so we are done I will recess the regular meeting and we will be moving upstairs to reconvene an executive session mean