Regular Meeting - 12/13/2022 6:30:00 PM

we appreciate the opportunity to not
only recognize these hard-working
students but also to thank all the
teachers School administrators and their
families and parents in the community we
appreciate all your efforts to educate
and influence our young residents
our schools are some of Gilbert's
greatest assets and at this time we'll
power up the slideshow
so you can at least see the the
children's cute faces
and then for the individuals who are
receiving their award tonight I'm a
certificate in a packet is delivered to
their school so they will receive that
foreign
and I apologize up front if I
mispronounce anybody's name
I do my best
so we will begin with our Elementary
School students
very shortly
am I better
foreign
[Music]
starting with our elementary school
students from Ashley Ranch Elementary
Cadence Wortham from Bridges Elementary
Rhett Simpson from Burke Elementary Ruby
pear and from Carol Ray Ranch Elementary
Reagan young
from Chaparral Elementary Madeline
Ernest from Charlotte Patterson
Elementary Dia Dia Singh from edge of
price School Taryn Irvine
from Gateway Point Elementary Trudy
Bradford
from Highland Park Elementary Denver
landvader from Higley Traditional
Academy Javen Roadie from Mesquite
Elementary
Ramsey Cardenas Morales from Neil Lake
tradition Traditional Academy Phoebe
Bender from Patterson Elementary Daniel
record from Pioneer Elementary Brooklyn
Broughton
from Power Ranch Elementary Irene jaraji
from Riggs Elementary Mackenzie hoops
from Santan Elementary Kylie Zamora
from settlers Point Elementary Sedona
Leopold
from Spectrum Elementary Matthew
snowball
from talmetters elementary Oakley Orvis
and from Weinberg gifted Academy
Charlotte Nielsen
and now to honor our Junior High and
high school students from American
Leadership Academy
Christensen from Campo Verde High School
Brandon Brown from Cooley Middle School
Lily Severson
from Gilbert Classical Academy Haley
Godoy
from Greenfield Junior High Emeline Foss
from Higley High School Abigail Cramer
from Higley Virtual Academy David Brady
from Leading Edge Academy Early College
Elijah stadola
from Mesquite High School John bind
before
and from South Valley Junior High Luke
gallis if we could give all these
wonderful students a round of applause
[Applause]
thank you vice mayor again we miss
seeing our students in person next we'll
have the Pledge of Allegiance led by
council member Anderson please would you
please rise and join me in reciting the
pledge
foreign
I pledge allegiance to the flag of the
United States of America and to the
Republic for which it stands one nation
under God indivisible with liberty and
justice for all
next I'd like to invite Rick ohler from
Sunrise Assembly of God to the podium
for our this evening's invocation good
evening
Rick can you make sure the mic's on
please
thank you
thank you mayor Peterson and Town
Council appreciate the opportunity you
give for prayer at the beginning of the
council meetings
shall we pray
father we just want to pause and
give thanks for the opportunity you've
provided for us to
live work Play Shop
in this great community of Gilbert
Arizona
we thank you for the leadership that
you've provided the town over the years
the development that has taken place and
it continues and we pray for wisdom for
the Town Council Town staff as they
continue to plan for the future and we
pray for protection for the police Fire
EMS workers that serve our town on a
daily basis we ask for your protection
great for the
for the
for the uh
motion that was made earlier in the
meeting of not in our town we pray that
that protection will continue throughout
this next year and that evil will be
pushed out of our community we pray
father that your will would be done on
Earth as it is in heaven amen
thank you for joining us this evening
Rick sharing that on vacation we
appreciate you
Judy if I could please have a roll call
mayor Bridget Peterson present vice
mayor Amy yentes here council member
Scott Anderson here council member
Lauren Hendricks
council member young Kapowski here
council member Scott September here and
council member Kathy tilkey here we have
a corn present thank you Judy now we'll
move on to Communications from citizens
vice mayor
short number of
speaker cards tonight
anyone wishing to speak before the
council must fill out a request to speak
card for this for each item they wish to
speak and submit to the town clerk the
communications from citizens portion
specifically on the agenda provide
citizens an opportunity to identify from
the Town Council matters of Interest or
concern related to town government that
are not printed on the 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 responses limited to individual
members of the council responding to
criticism made by those who have
addressed the public body asking staff
to review a matter or asking that a
matter be put on a future agenda uh the
town asked when your name is called you
come forward to the podium state your
name and your place of residence and
then you'll have three minutes to speak
all speakers are expected to observe
common standards of decorum and courtesy
personal tax political speeches or
threats of political action are
inappropriate in this forum and will be
grounds at the discretion of the mayor
for ending the speaker's time at the
podium
we have
only I'll call a few names everybody's
on decks we can keep it efficient but
our first speaker is Mario chicas
of course I picked Mari who's at the way
back
after Mario will have Stanley betterman
and then James davary
and then three more speakers after that
that's a long walk
thank you all for being here appreciate
the time here
you know I uh
got in it to hear the uh
the local business owners and what they
say about uh how they feel
about working and living in Gilbert and
I'm really glad that they are there to
see the good side of everything because
I'm going to Rattle off some things here
it's been quite a year this year
residents fought against a commuter rail
several ethics violations against the
mayor
a councilman stealing signs on Election
Day record police in our Council
meetings
never seen this many so thank you guys
for protecting all of us
we learned something that staff runs the
show here in Gilbert
it's quite telling
nine candidates ran for Gilbert Town
Council and obviously only three and
come on
a huge Bond
500 million right a lot of zeros I wrote
down here defeated Torgeson in the fight
there
Morrison Ranch continues to fight the
ranch a huge huge huge huge development
folks continue to fight the bridge and
the uh
possible theft of land there
residents will call cronies
that came and spoke and
utilize their first amendment to speak
about their town
so those are a few of the things that
we've all tackled we all of you all of
us together
so I'm glad that some of the business
owners are having success in Gilbert and
while I applaud that to some of your
work certainly and do it all themselves
I think that's fantastic but we have a
lot of work to do
we have a lot of work to do in this town
it comes to transparency because in all
these things that I named here
you know it was lost there was a lot of
trust
a ton of trust between the council staff
residents
I don't have any faith that what those
folks said in the survey
what's the survey done who was surveyed
I'd like to know
those people come here or not because
that might tell a different story
they only have 45 seconds left so I'm
going to take this last 45 seconds to
thank Amy and Lauren for fighting the
fight for us the last two years you guys
have been railroaded and almost every
single vote here that I can think of at
least the last year that I've been here
but also thank you for serving it's
difficult up there for all of you
specifically Laura name because they're
headed out you guys have some more time
with us but thank you for serving and
thank you for doing your duty thank you
for being involved thank you for opening
our eyes to some of these things that we
get to fight and actually have a voice
and we want nothing more than to trust
all of you and I would think that Laura
and Amy would want you folks to work
with us
work with us talk to us let's build some
Trust
thank you for the time
no uh if we could
thanks Terry if we could refrain from
clapping we need to get through our
speakers
we have Stanley on Deck
yes and then James
and then we'll have Terry Natty after
that
named Stanley betterman I am one of
those affected houses on Ocotillo Road
where the con reconstruction will come
forth
all I know is I'm not I'm probably one
of the younger
tenants on that neighborhood I've been
near about four or five years and I know
full well if I understood no one told me
a darn thing about what was going to be
happening and I realize now because I
was moving into an island as Islanders
we weren't privy to
constitutional
governmental or otherwise issues that
would be affecting my life
therefore I actually I would not have
moved at the neighborhood and with that
consideration certainly not have moved
into Gilbert I would have chosen another
neighborhood I was coming down from
Prescott if that matters
my issue is a different one than my able
colleague will be talking about
I've spent many years as a social worker
and seeing how neighborhood issues
affect people and their lives
in Boston I quote the West End project
where many people died younger than
their lifespan would have predicted
what happened in in my neighborhood in
Dorchester the whites wouldn't move out
fast enough for the blacks and other
migrants
who were coming into the neighborhood
therefore we were redlined and others
who were not American born and who were
not a white Heritage were given
mortgages for free
now as far as the neighborhood goes I am
raising a great grandchild yes
you see your great-grandfather raising a
great grandchild therefore safety of her
and her friends our primary issue
I wait for the bus every day with her as
she when she goes to school and comes
back I am concerned whether the safety
of the buses will be appreciated by the
people or who speak through our
neighborhoods they do it all the time
the police seems to not find that an
issue to deal with
I want her to be able to deal with
neighbors of her her school colleagues
such as across the way
she can't cross the street under the new
conditions it would be insane to let
anyone try to cross the street under
those new conditions safety is a
priority for me
thank you my time is up no yeah my time
stops thank you thank you Stanley
foreign
we will have Casey Kendall and then our
last speaker will be Bonnie oh Bonnie
varquette I'll read her uh comment to
the record she not wish to speak sorry
James that's okay hi I'm James davary I
spoke last month in regards to the
behavioral home in my neighborhood I'm
just here to say thank you I spoke with
the chief of police Jim torgenson and
Chuck Bon Giovanni each separate
conversations but I just appreciate the
effort the leadership of the town has
provided and I look forward to working
with these individuals and the other
leaders to build a safer neighborhood
and a place for these residents to
actually get help so thank you
foreign
don't be scared I'm not gonna read this
hello my name is Terry Natty I live in a
county island in the Gilbert planning
area
you all are very familiar with me I'm
very much opposed to the widening of
Ocotillo the way staff has presented it
to you
you all were given a 58 slide
presentation that is full of fallacies
flat out lies to you
I have so many
lies in here
um Mr Lauren Hendricks you said at the
last meeting one of the last meetings
that you guys are the Kings up here
right you guys are pretty much the Kings
so I am begging you I am pleading with
you to break s s I think or
st0990 out of the bundle of the capital
Improvement projects
because it's not
one of everything else when you're
dealing with eminent domain you can't
bundle it with everything else
okay I know you can't speak with me
one-on-one because I've I've got a
lawyer and I appreciate that but you can
read what I've read or what the research
that I've done
and I really think that you all
should be wearing these shirts when you
talk to staff
Slide Five says there's 19 homes
affected
yeah on the North side alone
there are 30
34 residents is affected and 37 Parcels
there's fallacies in the driveway
Scott September you and I met with David
Fabiano and he said it's what's
underneath the road that's driving it we
can't we can't make it any less but he
did he showed you in the 55-foot
document he showed you that it could be
less may not be perfect
but it will work
right
I'm quoting the the subjects and the
comments that y'all made during WW 1060.
what the trapezoidal plan that they're
taking why can't that happen at our
driveways
that why was that not an issue no one
got creative about how to solve this
problem
aside from just taking 65 feet all the
way
there's no creativity we are smart
people I'm a smart person and I am not
an engineer
but I can figure out a way to make this
happen and make everybody happy Why
can't your town engineer with all the
years of experience that he has that he
quoted up here when he was talking about
WW 1060. years and years of problem
solving there's no creativity there was
no view fencing there was no changing of
straight lines there was nothing
creative
please pull it back
I give these to you
Terry
foreign
I'll come back to this you can put it in
front of the first desk
right here
good evening Council Casey Kendall
Gilbert resident I appreciate you
letting me speak tonight last month my
neighbors and I spoke about a Recovery
House in our neighborhood located
directly next to our neighborhood kids
park I'd first like to thank the council
uh for committing to a study session on
this topic scheduled for the new year to
continue to illustrate the challenges
and the impact that the community has
had on the recovery houses and what they
bring I'd like to provide an update on
the recovery house in my neighborhood
the single recovery house has had
multiple arrests and over 25 police
interactions over the last six month
period in the last 30 days since I spoke
last time we have continued to
experience the repercussions of this
Recovery House business in it and its
residents because of the consistency of
the alcohol bottles and drug
paraphernalia being found stashed around
the Children's Park once what what was
once a lush Park full of bushes has now
been removed and everything has been
significantly trimmed back
we were recently alerted by a reporter
that there is now a new level sex a
level three sex offender living in the
house that's now two they're swapping
them back and forth as the community we
have yet to be notified about that
second level three sex offender which is
a legal requirement on Thanksgiving
morning I woke up to a drunken resident
of the recovery house stumbling through
my yard and several other yards with a
handle of alcohol police responded and
observed The Recovery House resident
attempting to climb the back wall of the
recovery house
we now have four pieces of Gang Related
graffiti surrounding our playground
three on the sidewalk one on the shared
wall let me say that again Gang Related
graffiti surrounds our children's
playground in a private family
neighborhood in Gilbert
this map now that I'm speaking about
this one Recovery Home in my
neighborhood there is 101 of these that
are classified in Broad categories who
checks on these businesses to ensure
that they are up to a code for example
the first two plots that I did border
Freestone Park those houses are 1056
feet away from each other code says they
need to be 1200 feet apart from each
other who is enforcing our code
as a as real estate prices Begin to Fall
we'll find ourselves as the town with
the possibility of more recovery houses
and the residents flooding our
communities and neighborhoods the
businesses themselves and the residents
are unregulated and it's a drain on our
town resources including our police and
fire department the town Prides itself
on being the safest one of the safest
most family-friendly towns in the
country My Hope Is that the sparkle of
what the town of Gilbert is
will not be a memory of the past thank
you
thank you Casey and then we had one
final individual who filled out a car
but did not wish to speak Bonnie require
how many more topics need to be brought
to your attention that staff is only
giving you details that they want you to
see not all the options that make more
sense and this is in reference to
st0990 Ocotillo Road widening project
and with that that concludes our
Communications from citizens everybody
else who filled out comment cards are
referenced to specific public hearing
items
and with that I think we can move to our
consent agenda and I was remiss I did
not ask anybody if they ahead of time
whether they had items to pull I will
ask now
um I have a number I'd like to pull I
don't have a need to speak about them
individually this is my small Mercy to
everybody
um you're welcome I'm feeling on the
Christmas spirit but I will be polling
agenda item five seven
eight
ten eleven
thirteen
and thirty two
and they I will just say they generally
fall in the category of either I I
philosophically don't don't agree with
where the funding source is coming from
I think it's either a mismanagement of
funds we're spending too much money or
is a improper use of money so that's the
the whole without going into individual
explanations of each items
um but we can do a mass motion on the
rest of them
yeah I was going to ask councilmember
Anderson would you like to move items
number 47 and 48 to the consent agenda
yes I would thank you mayor
we can start with those if we if you
want to yeah if you want to start with
those or do a motion on the other items
that the vice mayor didn't pull with
those that would work too
okay
and don't forget 7A or I don't want to
put that much pressure on you did you
include 7A
just seven right seven just seven also
well yeah seven I
both
oh no excuse me my bad um I just pulled
seven not seven eight so I'm including
that in your mass motion
okay I'll make a motion that we approve
items one two three four
six seven eight nine
twelve
14 15 16 17 18 19.
20 21 22 23 24 25
26 27 28
29 30 31
33
34 35
37.
and items
or item 47 also included that motion
would include the appointment of Adam
Hoffman and Eric Jensen to the public
facilities Municipal property
Corporation as regular members with
terms beginning January 2nd 2023
and then in January 1st 2026
also included is item 48 the motion I
moved to appoint Kevin Boudreau and
dalen Wilcock and Shane cook to the
Water Resources Municipal property
Corporation is regular members with
terms beginning January 12 2023 and
ending January 11 2026.
second everybody vote I
yes we have to do a Voice vote as the
machine is down sorry Judy all in favor
aye
foreign
I think it's time and zero thank you
no no worries and that was uh you really
were paying attention to other
councilman Anderson press
um so we'll entertain a separate motion
on agenda item five unless anybody has
questions for staff
yeah
I only want to talk about item seven all
the other ones we can do a mass motion
do you want to talk about item seven
separately then and then we can do a
mass motion for the other one sure so um
I just I flagged and and took item seven
off I I know this has been
um a complicated and ongoing issue that
has a long history and while I
absolutely sympathize with the position
the developer is in and
appreciate how this development
agreement uh protects Investments that
their entities have made I do have an
overall consternation with this as it
relates to a previous development
agreement in this area and I share the
same concern
in various provisions on this one with a
previously approved one from 2018 that I
do believe will tie hands a future
council members on issues that should we
should leave them unencumber to make you
know decisions that they think are good
policy for the for the community at the
time so
um I'm flagging this item as I I do
think that much of this is is connected
with
um you know the I guess the goals of of
having a transit station to accommodate
commuter rail and I'm eminently opposed
to that I don't I don't think I've been
shy about my position and I'm so uh
that's that's my that's what I take on
bridge with this specific issue not not
the other aspects of the the developer
trying to protect their interests which
I fully appreciate but
just wanted to say my piece on that
thanks vice mayor would anybody like to
make a motion
so we'll do all of them
um
it was just yes yeah we and we can make
we can include seven in this Mass motion
if okay nobody wants to explore or ask
questions of any of the other individual
items it's 5 7 8 10 11 13 and 32.
so moved
second
all in favor oh sorry
no
and it's weird it's awkward with The
Voice vote I know it is if everybody can
just give their Voice vote
hi hi
councilmember Hendricks was that a no
okay okay uh motion carries five two and
that concludes our consent John Tatum
thanks vice mayor
[Applause]
we will now move on to our public
hearing portion of our agenda
thank you
we have several items on our public
hearing agenda the first three are
liquor licenses item 3839 and 40. I
don't think that anyone has any issue
with any of those if someone would like
to make a motion for the three of those
we can get them out of the way move to
approve thank you second I have a motion
by council members September seconded by
council member tilkey all in favor
aye
any opposed thank you councilmember
Hendricks on passes 7-0
moving on to item number 41 the ranch
the ranch has requested a continuation
this evening so I will go ahead and open
the public hearing on the ranch item I'm
going to ask our town attorney Chris
Payne to just give us a comment on how
and why we are continuing this item to
next year when we had previously stated
that this item would be finished by
December 31st of 2022 please
so thank you mayor as you mentioned
there was a formal request made by the
developer I think it was uh
made last week to continue this item
into into 2023
um so the we've discussed before I don't
know if I did in this body but certainly
in the public or the Planning Commission
that ars9 46106 is the statute before it
was amended which became effective the
the new language that became effective
September of 2022
required that all major general plan
amendments be heard in a single that
actually be presented as what the
statute said at a single public Hearing
in the same calendar year and then
similarly Our Town Land Development code
has a very similar requirement that
Major General plan amendments be heard
by the Town Council to single public
hearing and there's also a number of
other notice requirements including
neighborhood meetings two separate
Planning Commission meetings which have
to be heard at different locations
that's all happened on November 15th as
you're aware obviously the Town Council
held a public hearing on this item and
at that hearing the action that the
council took was to continue that item
so the statute says it must be it must
be presented our code says it must be
heard neither the statute nor the code
say that any final action needs to be
taken just some type of action taken by
the council doesn't say that the Final
Act
um so that's why the council has the
opportunity to consider a motion to
continue into next year if you so desire
thank you Chris any um comments or
questions to follow up with what Chris
shared with us this evening
then I would like to go ahead and move
on with the public hearing portion of
this agenda
and does the staff have a comment on
this item
mayor I was wondering
um if we could hear from the applicant
first to talk about why he'd like to
continue this and then have the staff
respond okay would be all right yep that
would be great if we could have the
applicant SAR Kyle if we could have the
applicant
um
come down and share with us
why they've been why have they chosen to
ask for a continuation and the process
that they've been going through
currently
good evening
my name is Jonathan Bullen and I am a
co-founder and chairman of the colemana
group
and so I'm representing the developer
team here tonight and so I can address
I think any questions or concerns that
you have as to why we're requesting this
um since the last meeting that we had
here on November 15th
we've had
numerous discussions and numerous
meetings
numerous interactions with
council members Neighbors
and other interested stakeholders in
this project
and I think we were all aware of the
energy and the feelings and emotions
that were surrounding that meeting
and I think I want to express
appreciation to all that have been
involved in that process we're very
grateful
for each of you that have contributed to
that I felt like
everybody's coming together in a spirit
of good faith
we've been candid we've been honest
but I think we're making progress
but we're not there yet
and so
you know we don't want to come and
present something that's not fully
vetted and ready to be discussed and
approved
and based on what we're hearing and the
discussions that we're having we're just
not ready to do that so there's really
nothing more than that
so we're very grateful to the neighbors
that have been involved
the council members that have been
involved everybody that we've talked to
there's been a lot of a lot of energy
and I think that we are building Trust
I I have that feeling I have that sense
and I hope that those that are
have other views or other positions or
other stakes in this are also feeling
the
the same way so I'm here to speak in
behalf and of the continuance so that we
can
get this fully uh fully vetted
um
we like to follow an adage that we we
want to
you know measure 10 times and cut once
so we're just not ready to ready to
present it fully yet
thank you thanks
um any comments or questions for this
applicant
mayor if I may yes
Jonathan thank you very much for being
here and thank you to your team
um
councilman Hendricks and I at the last
meeting gave our commitment that we
would work with you and the neighbors
and I appreciate you taking that on as
well I do believe that we have come a
long way and looking at transitional
opportunities that meet almost all of
the neighbors concerns and I know we may
have a few other things to work out but
it is best to bring this project back
when it's been vetted when our town as
staff has had a time to look at it the
neighbors have had time as a group to
evaluate all of that as well
I will say that um
there is a high level of trust from
everyone who is
um involved in these and I just want to
thank you for that as well
thank you very much
thank you Jonathan for your time this
evening and um to the council members
that have been participating in the the
residents that have also been
participating Kyle would you like to
come down and make a statement or
both of you maybe
mayor Peterson Council thank you very
much we really appreciate the um the
efforts that have gone into the
applicant working with the neighbors the
neighbors involvement council members
involvement with this too I think the
plan is moving forward we have not seen
the latest draft of it we have not had a
chance to review it but we're looking
forward to going through that process
with the applicant in the new years we
as we look to to better the plan
do you have anything you wanted to add
good evening mayor council members
Veronica Gonzalez principal planner I
just want to reiterate that we will be
working with the applicant and developer
over the next couple of months during
the continuance and so we look forward
to bringing a plan to you that has been
agreed upon embedded by both the
residents and staff
Kyle Veronica thank you any comments or
questions for staff and we can ask them
after we have some public comments
um I could just say one other thing that
I forgot to mention is that due to
open meeting laws obviously
um councilman Hendricks and I were
working with the developer and the
neighbor and I had spoken to one other
council member just about the process
which then precluded me from talking to
any of the rest of you so I apologize if
any of this is coming to you last minute
but we just didn't have I didn't have
the opportunity to share anything thank
you yeah that was open meeting laws get
us every time thank you um thank you
very much we'll open up the we'll ask
the residents to speak now and then
we'll ask you to come back if we have
any further questions okay thank you
vice mayor yes and I'll I'll read the
the names of individuals because there
aren't too many of them who filled out
comment cards but did not wish to speak
I'm not going to read your comments
since the We are continuing the item but
um uh Melanie Phillips against Don
Albrecht against Karen Mount Ford
against
Kevin Gallagher against and then there
were four who submitted comic cards
online Tim Brennan Michael coca annalize
Park and Stephen Park and they were also
all against
and we will go to our speakers and we'll
name a couple off just to have it
efficient the first being Kevin Marvin
the next being Brian Mosley
yeah and the mayor specified we're going
to do one minute since the item is
getting continued and then Sarah Strazza
so I'm Kevin Marvin I live in Elliott
Groves and I'm thankful that we're
talking
um and I'm you know thankful for
Lauren and Kathy for you spending the
time and having all of us talk together
and I really appreciate that
um
and I'm also interested in knowing if
like this can be used
to go backwards to the Planning
Commission
because one of my things that I
presented last time was it was just a
weird situation where
someone to continue someone to vote down
and so I'm hoping that
we as an organization as a town
organization can learn from this and
improve upon that
um and I'm really thankful for the
developer and for our leadership in our
neighborhood of working through this
together so thank you
Kevin just to clarify are you asking
that see we can talk to you during
during this part of the meeting which is
great we can talk to you during public
hearing
um I know you're not used to that
um are you asking if at some point the
the plan will go back to the Planning
Commission to be rehearred from the
Planning Commission I just want to
clarify what you're asking well I would
like to understand the process but what
I was trying to say is that
I felt like the Planning Commission
felt like they had this you know they
had to move it on move it on and and I
know they're saying that because they
were told they had to be voted on this
year but at the same time had they just
did what I forget her name but she made
a motion to do a continuance
and they didn't do it and it was and
Adam Baugh got up and said hey if you
tell us something to work on we'll go
work on it but they literally didn't do
that and it's just still baffling okay
okay thank you hopefully we can learn
yeah thank you very much appreciate your
time
after Sarah we'll have uh Jennifer Wada
hi Brian Mosley Morrison Ranch
um I'm here to speak in favor of the
continuance uh plan's not ready to vote
on as it is but we've finally seen real
movement from the developer we
appreciate the help we've had on that
um I hope and expect to be able to
support the final version if it's moving
in the direction that we're planning it
includes all the protections and the
restoration of the balance that we need
in our neighborhood I want to in
particular I think Vice marientes
councilman September and Hendricks who
won't have a chance to publicly think
again for their support in this I think
the Developers for being willing to
change it's not easy or cheap at this
stage to do that and their
representatives for uh you know being
willing to stand up in their in their
favor and I'll uh I'll end today with my
traditional story which is that um at my
daughter's concert at uh at Highland
High School an attorney friend of mine
who lives in the neighborhood in
Morrison Ranch just north of us asked me
so did you lose yet
and uh you know as an attorney he he
realized that that's that's how these
things would generally go
um and you know I told him no I think I
think we're finding a way to win and if
I could just end real quickly uh I think
it's it's easy to be cynical
um it's hard and frustrating to be
engaged democracy is hard and messy but
I'm Proud To Be An American Proud To Be
A a resident of Gilbert and more proud
than ever to be um uh of my neighbors in
my neighborhood in Morrison Ranch so I
wish everyone a happy holidays and we'll
hopefully be back in the new year with a
new plan
thanks Brian
sorry Jennifer Eric sorry Sarah after
Jennifer we'll have Brandon riff and
then finally Brian handelsman and that's
our lineup of speaker
thank you Town Council and mayor for the
opportunity to address the support and
issue I want to clarify that I'm
speaking just for myself and not for
everyone
um and I want you to imagine that you
finally built your home and after much
research and careful consideration in
the community that was known for the
small town feel you find out that that
big out-of-state developers coming in
and trying to buy up land and
change it to 91 industrial but we fast
forward to now
and we get to a point after numerous
meetings with lawyers civil and Traffic
Engineers Town Council and the developer
has gone from you know 91 into the 60s
many meaningful concessions have been
proposed that I've I've emailed all of
you today
so if you want to review those I'd be
greatly appreciative if you could take
the time to do that
ultimately it will be your decision and
Town Council elect to vote on the
rezoning which will immensely impact
Gilbert and its children for decades and
decades to come
so I plead with you to review those
promised changes
thank you so much and happy holidays I
hope you all stay healthy
thank you
foreign
Peterson council members my name is
Jennifer wada and I live in the Elliot
Grove subdivision of Morrison ranch when
I spoke at the Planning Commission
hearing it was with much frustration and
a heavy heart but tonight I'm feeling
grateful
at the development meetings I've
attended in the last few weeks I've seen
a true interest in addressing the
neighborhood concerns the current draft
of the proposed plan not only addresses
our issues but provides benefits as well
and after initially feeling like our
concerns were being dismissed it's a
huge relief to know that we've been
heard
I greatly appreciate the time and effort
the development team has devoted to this
project and I look forward to continuing
to work through the details with them
moving forward
I also appreciate council members Kathy
tilkey and Lauren Hendricks for being
part of our meetings their wisdom and
experience bring real value and having
them as a liaison to the town has been
truly helpful
tonight I respectfully ask that the
council vote to continue this project to
next year we're on a good trajectory and
given the necessary time I'm hopeful
that we will end up with a final plan
that works for everyone thank you for
your time and consideration and happy
holidays
foreign
good evening I'm here to support the
continuance for the ranch and also to
express support of the progress made on
the project and share my opinion about
what changed if one word could describe
it it would be leadership what does this
mean
s caring listening communicating problem
solving bringing people together instead
of tearing them apart
high level leadership you would really
expect from a mayor and I recognize and
sincerely thank councilmember tilkey
thank you very much Lauren's not here
but thank you Lauren and I'd also like
to thank incoming council members uh Jim
torges and Bobby and Chuck leadership
I'd also like to acknowledge would be a
gentleman named Stacy Brimhall he
brought us all to the table he listened
respected us made meaningful changes
he's got a long family history in
Gilbert I find him to be humble as a
person also proud of his family which
means that he isn't going to let
anything bad happen to this community in
my opinion I am currently in
conditionally in support of the
revisions expected for the ranch with
Stacy Brimhall my mind changed about the
ranch without him I think it would
change in the other direction so I just
want to he's been critical to the
process and really changed things for
the better so thank you
foreign
handelsman Morrison Ranch and I think
I'm going to Echo the same sentiment as
all the previous speakers and that I
think we can all agree that up until the
point of the most recent council meeting
prior it's been pretty stressful and
tense
arguably toxic
um
but uh and at that point hopefully it's
a peak and we're moving on to something
that's been greater after that council
meeting we were introduced to Stacy
Brimhall Lance
a bunch of people from the colemana
group we've been having an open dialogue
in communication I can comfortably say
that I feel like our voices are being
heard and again echoing the sentiment of
everybody else I think that it speaks uh
miles uh to several people the
developers Stacy Lance and the clemena
group uh I also appreciate and want to
take a time to thank Jim Bobby and Chuck
the council members elect from having
their ear to the ground on everything as
well and I think most importantly uh
Kathy and Lauren for helping bridge that
dialogue and seeing that the developers
and the neighbors all met and I just
want to close by saying I appreciate
council members taking the time to
recognize when there's a reckless driver
leading the town towards disaster and
stepping in to help thank you
foreign
council members would you like to hear
from the applicant again I don't know if
they have anything further to share
no I'm seeing it no
um staff do you have anything further to
share at this time
no I will close the public hearing and
bring it back to the council for
deliberation
action motion
mayor I'm really pleased to see this
project
develop into what looks like a more
successful
conclusion
um then what we originally saw months
ago when it was brought to council the
plan has changed significantly it looks
like now with the developer engaged
directly with the community we're seeing
much more meaningful
changes we're seeing a higher level of
of a trust between all the parties and I
think that's better for Gilbert
I'm going to move to support a
continuance for this
any other comments before we yes
councilmember Anderson I'd just like to
confirm with uh Chris that
um one option that we couldn't put on
the table is sending it back to the
Planning Commission is that correct
you need to phone a friend on that is
Elena here
[Music]
you can give me a minute let me think
about that the uh the town code required
one reason in the Planning Commission
they had asked about a continuance the
answer was no
um in that scenario because our code
required that all major general plan
amendments be heard by the Town Council
at a single public hearing and that was
that's what happened on the November
15th so the Planning Commission could
not have continued it had to come to the
council as far as going back to
something back to the Planning
Commission I'm not sure I don't know if
that's ever to my knowledge I don't know
if it's been done uh Kyle any thoughts
on that
mayor council we were just looking
through the code to see if we could find
the exact spot where it talked about
remanding the item back to the Planning
Commission we haven't come across it
just yet it may be an option but we need
to do a little bit more research
typically the next steps would be on
February 24th it would come back 21st it
would come back to council for either
another continuation approval approval
with conditions denial or potentially
remanding it so give us some time to
kind of look into that and make sure
that that is an option and we'll we'll
finalize that
if it did go back to Planning Commission
with timing it would probably have to be
their February meeting because that
would be the first Wednesday in February
so in order to get it to us on the time
that we have set aside already for the
date that we've that we're planning to
continue to
if if you think that that's something
that you would consider I don't know I
don't know if the council would consider
that or not council member Anderson are
you asking if it's possible probable
that's what I'm asking okay if it's
possible if that's even something we
want on the table to discuss
okay
if if it is possible by code we would
probably want to include that in our
motion this evening I would say because
we won't meet again until
late January as a council
um all right mayor excuse me um I'm I'm
not interested in sending it back to
planning I think that it just extends
this
further and just creates another hurdle
that we need to get over I think it's
sitting here in our lap and we need to
deal with it as a council
and and with the general Planet Major
General Panama the Planning Commission
is just a recommending body so again
they would just make a recommendation
one way or the other
they are our experts
they are
any other comments we have a motion on
the floor from September um council
member September excuse me to continue
the case to January 21st like February
21st excuse me
no that's fine I was going to second I
was just going to congratulate everybody
that's worked in this process I can't
tell you how happy I was to see
everybody that came up to the podium
thank you so much for working with uh
with the the applicant and the neighbors
and everybody working together this is
so much different than a few months ago
and I'm sure glad
we're making progress
we have a motion from Council Members
September 2nd from council member tilkey
all in favor
aye
just waiting for the voice from above
um any opposed
motion passes 7-0 and I Echo those
sentiments thank you to everyone working
together I've heard the name Stacy
Brimhall for lots and lots of years in
the area but I don't know that I've
actually met Stacy personally so thank
you for everything you've done thank you
to council members tilkey and
Hendrickson as council member tilkey
pointed out it gets hard because we
can't all be involved in the
conversation so we have to limit who is
involved and then I can't talk to her
about it because she's already talked to
somebody else about it so this is our
opportunity to hear from everyone and we
appreciate it thank you for all the
happy holiday greetings during the
public hearing comments also same to you
moving on to our next item on our agenda
item number 42 Keystone annexation we're
conducting a hearing and considering
adoption of an orange approving the
annexation of approximately 14.98 Acres
of rail property located east of the
southeast corner of Recker and Warner
roads I'll go ahead and open the public
hearing and ask staff to come to the
podium for a presentation
thank you
foreign
Council Ashley McDonald principal
planner with development services I have
a quick presentation for you that I'll
run through and then I know the
applicant has a presentation as well if
you'd like to hear that
um
all right thank you so there are three
applications under this request there's
annexation which is a2203
gp2103 and z2105 this is known as the
Keystone project
you may recall that I was before you
gosh probably a month and a half ago to
talk about the annexation for the the
first public hearing of that so tonight
we're asking for Town Council to Annex
this property do the general plan
Amendment and then rezone the site as
well it's located on the south side of
Warner Road just east of Sanders Drive
Sanders is between wrecker and power
roads on the south side of the property
it's currently undeveloped and uh
unincorporated
it's 14.98 acre property our general
plan currently designates the site as
residential five to eight dwelling units
per acre the applicant is looking to
increase the density to 8 to 14 dwelling
units per acre which is just a one step
increase in the density
in Maricopa County the property is
currently zoned airport District 3 which
is which allows a variety of
non-residential uses there are some
light industrial manufacturing type uses
along with commercial that is most
similar to our light industrial district
and so the applicant is seeking to
rezone the property to a multi-family
low which is consistent or more
consistent I guess with our general plan
category of residential in addition the
applicant is Seeking a planned area
development overlay which would adopt a
development plan for the property and
they're seeking two modifications to
setbacks and building separation to
deviate from what our code requires
the applicant is proposing to amend the
general plan on the full 15-acre site
and the area that is surrounded by that
bold line on the map
this is located within the Gateway
character area so the future design
review of these multi-family units will
have to comply with the Gateway
character area standards this is
consistent with the general plan
designation of the surrounding
properties in keeping with that
residential community in addition
they're looking to rezone the property
as I mentioned from airport District 3
which is a variety of non-residential
uses to a residential zoning District
that is consistent with the requested
General plan Amendment
I mentioned that there are two deviation
requests the first one is for the
rear residential setback
because of the alignment with the drive
on the west side of Sanders Road we
asked the applicant to move their access
point further south which results in a
need to decrease the setback from 20
feet down to 15. we have worked with the
applicant to limit the impact of that so
you'll notice that there that their
access point starts to kind of curve
northward so that they can meet the
setback for the remainder of the
southern boundary of the site in
addition the applicant is looking to
make some modifications to the
separation between buildings the code
requires 20 feet for their single store
units only they're looking to decrease
that to 10 feet
I mentioned that the applicant is also
receiving approval of the development
plan if this is if this is a successful
application tonight so this is generally
what the development will look like as
they go through design review we will
dial in on exactly what those buildings
will look like in final location I will
note that that application is in review
and so staff is is very comfortable with
the design of the of the site moving
forward
there was a neighborhood meeting held in
November of 2020 this application has
been going on for quite some time there
were six attendees no comments have been
received to date
there the applicant has worked well with
the neighbors and built some consensus
on the project and so no no formal
opposition has been submitted to staff
our Planning Commission did recommend
approval of both items unanimously so
with that I'm happy to answer any
questions that you have and as I
mentioned there is an applicant
presentation as well thanks Ashley any
comments or questions for Ashley at this
time we can bring her back up thanks
Ashley Mr Ray
good evening mayor members of council
Brennan Ray 1850 North Central I am
happy to go through my entire
presentation if this group would like
but staff has done a thorough job in
terms of reviewing it not only
presenting it in their staff report that
you would have been able to review
beforehand but tonight as well and so
with that I'm happy to answer any
questions or if you'd like my full
presentation I'm more than happy to give
that as well thanks Brennan um would
anybody does anybody would anybody like
to have the full presentation or would
you just like to ask Mr Ray any
questions if you have them
as much as I enjoy listening to Mr Ray
speak I don't need to hear the full
presentation thank you mayor
thanks um Mr Ray we will um we don't
have any public comment on this so
that's a good thing and um so I'm good
if I want to let you go and sit back
down and we can bring it back for our
discussion thank you thanks Brennan
so I'll close the public hearing bring
it back to the diocese for discussion
possible possible motions and we will
need separate motions we have an
annexation to do first and then item
number 42 and then item number 43 would
be the general plan in zoning
and we can make a motion for both of
those May or one at a time I would do
all three one at a time please
separately
all three one at a time or all sorry
sorry
each one
individually thank you so for item
number 42 annexation I move to approve
I have a motion by council member
September second by councilmember
koprowski all in favor
aye
sounds like it passes 7-0 I should say
any opposed I didn't hear any
pass the 7-0 item number 43 the GP 21-03
could I have a motion on that please
move approval
second
motion by council member September 2nd
by councilmember caprese Anderson oh
sorry Anderson Oh wrong Scott sorry this
Scott council member Anderson and
seconded by council member koprowski all
in favor
aye
any opposed
past the 7-0
um the zoning z21-05
can I have a motion please
go ahead vice mayor so moved
okay do you want a second that's
September
sure I'll second that thank you
um motion by Vice Versa oh yes yes can
we do the public hearing on this third
one I um well we opened the public
hearing I think
on 42 so I need to 43. okay so we need
to open the public hearing on the
general plan and zoning
close the public hearing on General plan
and zoning and that can our motion stand
that we just did redo it so we would
have a motion from um council member
Anderson seconded by council member
koprowski for GP
21-03 all in favor
aye aye
any opposed
past the 7-0 and
um
z21-05 motion by vice mayor seconded by
council member September all in favor
aye
any opposed past the 7-0 thank you
thanks for keeping me honest Chris
I was sitting here thinking we the
presentation was all together but I
didn't open the public hearing for all
of them thank you number 44 opening the
public hearing for General plan GP 22-12
and
z22-11 the Aldi project we have a
presentation from staff
probably a short presentation from staff
good evening mayor Peterson members of
the council
um I'm glad to be here tonight
um Keith Newman a senior planner for the
town
so the project that I have for tonight
I'll try to make this as brief as
possible is Aldi Gilbert for a GP and
rezone
so the site is located
um as you can see on the site in front
of you I'm highlighted in red but the
site in green is is actually the fiesta
tech center pad which was created in
1983 annexed in 1979
um the site is part of this pad
the West half of the site was developed
as a Hertz rental car facility in 1997.
it's kind of hard to see on this little
aerial but you can see the little West
half and that
site was abandoned some time ago and
there's just vacant concrete pads in a
parking lot there there was a d an eight
2018 design review board approval for an
Aldi grocery store with two pad sites
along Arizona Avenue and a future
commercial building at the rear that drb
site plan has is I believe it's expired
if it yeah I think it has it if it
hasn't it it's close
um so I just wanted to give you a little
background in history on the site so as
far as the request is concerned it's a
10 Acre Site located at the southeast
corner of Arizona Avenue in Desert Lane
so that the requests on the site are a
general plan Amendment from commercial
to residential just on the 5.51 Acres on
the East half of the site the West half
of the site will remain General
commercial from a general plan
standpoint
the proposed rezone
is to remove the the site from the
existing Fiesta tech center pad
and then also rezone the
um East half of the site which is a
little over five acres from General
commercial to multi-family High
to accommodate a future multi-family
development
and then the East half sorry the West
half of the site excuse me will remain
General commercial zoning with no pad
just conventional zoning and that's
about four and a half acres
so I'll just show you the exhibits
really quickly it kind of clear clears
it up a little bit so you can see the
East half
um will go from commercial to
residential 25 to 50 dwelling units per
acre where the in the west side will
remain General commercial
um so the zoning exhibit
East half will be I know I'm repeating
myself but I I think I I think it felt a
little necessary to show you in context
a little bit better so the west side
will be zoned from General commercial to
[Music]
um
staying General commercial and the east
side will go to is proposed to go to
multi-family High zoning from commercial
so the site is surrounded you can see
it's surrounded by as far as the context
of the area it's surrounded by light
industrial zoning to the to the to the
east
commercial to the north which is a I
believe it's a a WinCo shopping center
and a Costco even further north than
that and then on the South Side you can
see there's a multi-existing
multi-family medium apartment complex
there's apartment complexes across the
street on the west side of Arizona
Avenue that are in the city of Mesa so
you have a mix of uses around this site
but you have residential commercial and
light Industrials so staff feels that
the rezone and the general plan changes
are are compatible with uses in the area
and we support both of both of these
requests
so I just wanted to quickly show you a
conceptual design now remember this is
for reference only and will not be
included as a document or exhibit
approved with this request if you so if
you choose to approve this tonight it's
just for reference
so you can see the multi-family High
piece on the east side of the site you
can see the building footprint
and they have a parking they'll they're
a design that we've seen shows a parking
garage in the center kind of that wrap
design and then you can see the
courtyard and the pool they have a few
entrances off of Desert Lane
and then the Aldi would be on the East
sorry excuse me the west side of the
site with the parking along Desert Lane
and along Arizona Avenue so you can kind
of see how the two future uses would
kind of fit and flow together so I just
wanted to show you that for your
reference now please note that
this is just a conventional zone change
so there is no pad there is there is no
pad development plan the design of the
site will be finalized when they come in
for a design review case in the future
we don't know when that's going to be
but that's when the design will be
finalized
so public participation
there was a virtual neighborhood meeting
that was held in October of 2021 so it's
been a little while but at that meeting
nobody attended no surrounding Property
Owners or residents it was just myself
and the applicant
and there was no citizen input I've
received no phone calls no emails but
today we did receive a public comment
card of somebody a resident nearby that
was in opposition to this proposed
rezone
so that concludes but my recommendation
obviously is like as I stated earlier is
moved to adopt the resolution approving
the general plan Amendment and that you
make the findings a fact to adopt the
attached ordinance approving the
proposed zone change and that concludes
my presentation if you have any
questions I'd be happy to answer them
and I think the applicant is here
somewhere and they may have she's right
there she's right there
um Keith the um the comment card that
you received is it the one that we
received online through the clerk's
office online mayor Peterson members of
the council I believe that is correct
okay I just want to point out to the
rest of the council that this gentleman
said he was against every single item
that we're hearing tonight
so I don't I can't swear that he's a
neighbor to this topic or any one of the
other four topics but vice mayor picked
up the fact that he did say he was
against all of the items that we have on
our agenda this evening that is good
information I I thought he was a
neighbor but I didn't realize the rest
of the information that's good
information and there's really I don't
think there's any way of knowing when
they do those Comics this is true to the
collection just assumed so thanks Keith
any comments or any questions yep
councilmember Anderson
um this question actually may be more
appropriate for Dan Henderson if he's
still here is Dan still here
oh he's way in the back
think about this on the way down Dan
my question is
um thinking of this as our Northwest
possibly Northwest Redevelopment area is
this
zoning case compatible with the
recommendations of the Uli study that we
had for that area
foreign
[Music]
Council councilmember Anderson in
regards to the Uli study that was done
for this particular Corridor it did talk
uh in Great Lengths about different
residential options and the role of
density within those residential options
I
beyond that candidly I cannot address
specifically what the Uli study said in
that regard other than you know what
I've already said I do remember it
talking about diversity of you know
residential and Commercial and this
seems to
to cover that so mayor members of the
council council member Anderson I would
agree thank you you bet
thank you Dan if the applicant would
like to come up and
make a short presentation perhaps
mayor I have a question for staff
can you hold it after because we can
have staff come back sure thanks
councilmember
thank you madam mayor members of the
council Wendy Riddell with the law firm
Barry Riddell 6750 East Camelback I will
take a play out of Mr Ray's Playbook
we're in agreement with staff with their
thorough analysis and their support I
like any good lawyer can talk all night
and give a full presentation if you'd
like or I could shut up and just let you
ask any questions you might have thanks
Wendy appreciate that um any questions
Wendy I just have one I know that you're
requesting MFL H
um debts 25 to 50. do you know what the
density will be on this project we know
will be within 25 to 50. that's it I
haven't designed it yet so you don't
know that's okay that's a fair answer
thank you I appreciate it okay thank you
very much I don't see any other
questions
nope you're good thank you thank you
um Keith if you could come back up
councilmember caprese has a question
hi Keith hi
um in the packet the Planning Commission
recommendation wasn't listed here so
that they were going to be heard uh
earlier this month what was the
recommendation plan commission
um mayor Peterson council member
caprosky the planning commissions
recommendation was vote they voted 7-0
for approval thank you yeah
any other questions for Keith before he
sits back down
no thanks Keith appreciate it okay we
will
we don't have anyone wishing to speak on
this item I'll go ahead and close the
public hearing but Excuse me yes we do
have one gentleman requesting to speak
we are trying to find the citizen
comment cards that doesn't appear to be
any left on the back table okay
for this item 44. thank you
foreign
council with all due respect 49
consecutive zoning approvals is a little
excessive
I believe that we live in a construct of
false zoning
it's been made up we all bought into we
bought our homes without we've located
our businesses with that uh we're bound
to it whether it's right or wrong in the
beginning we're bound to it and here we
sit looking at another high density
apartment complex
the mere rezoning of that acreage
increases its value exponentially
increases its value for one person
one group of people it does not increase
the value to those people surrounding it
those people servicing it does not take
care of the water needs of high density
housing as opposed to General commercial
that does not take care of police and
fire that need to service it the even
the impact fees are
faint
compared to the actual needs
we need to either believe that we have a
general plan at some point or we need to
abandon all zoning
because it's become a joke this will be
50 straight
and I for one think it's a very bad idea
to continue to pound the population as
fast as we can to get as dense as we can
as quickly as we can while we Face water
issues we look at an economy that is
approaching a free fall
we look at property values that will
diminish when property values diminish
it is high density housing will go down
in value and the next suggestion will be
of course Section 8 housing to make it
more accessible for people that need it
right now I think it's a very poor idea
to add
more while we're trying to fix what we
have thank you for your time
[Applause]
Keith would you like to comment
um mayor Peterson members of the council
I just wanted to make a correction to my
answer to council member koprowski's
question
um we believe that the recommendation at
Planning Commission was a six to one
vote not seven to zero I just wanted to
make to clarify that thanks
thank you thank you very much um
Wendy would you like I always give the
applicant an opportunity to come back if
you have anything that you'd like to add
okay thank you after the public speaks
bringing it back to the council I will
close the public hearing this time and
bring it back to the council for
discussion
comments
I would just say that you know a lot of
these zoning cases that are coming
before us
these are only the ones that have gone
through a pretty rigorous process and
there are probably many more that
haven't come to this point because they
they know that they wouldn't
be approved
for this particular site being in the
Northwest Corridor I think it's
important to
follow the recommendations of that plan
to revitalize the corridor and I do
believe that this particular use is
complementary to some of the other land
use around it being the light industrial
the commercial and then the additional
high density
residential
councilmember tilkey mayor I I just want
to say that I agree with councilman
council member koprowski
any other comments
every case is an individual case and um
if you're only looking at the things
that are zoning cases that have been
passed yes there's going to be many
because they're passed for different
reasons in different locations this is
land that's been abandoned
for many years sits in the middle of
industrial sits in the middle of
um
commercial
sits at a very high density area in our
community
sits in the northwest corner of our
community where we've had studies done
that are asking
requesting for multi-family for the
businesses in the area to have places
for their employees to live so that they
can live close by
so it's fulfilling some needs in the
area that don't exist currently
it's completely surrounded by commercial
and with that said I would entertain
emotion
move to approve item 44.
second motion by council member
September seconded by council member
karprowski all in favor
aye
aye any opposed
motion passes 7-0 thank you move on to
item number 45 which is Madeira Gilbert
conducting a hearing for a rezoning
um at Higley and Ray I'll go ahead and
open the public hearing
and ask the staff to please
give us a report
good evening mayor and Council my name
is Ava coutro and I'm the planning
manager for the town I'm here this
evening to discuss the read zoning of
the Modera Gilbert property
the property is located on the southwest
corner of Wright and Higley
Ava I hate to interrupt you could we
take a five minute recess please I'm
getting requests from the council
members we've already been here so I
don't want to interrupt the case itself
so it's better to stop at the beginning
so if we could take a five minute recess
please certainly thank you
foreign
foreign
thank you
may I pull one of these back okay
um
[Music]
foreign
[Music]
everyone if I can get a give a 30 second
warning and have you take your seats
thank you
thank you
thank you for giving us a couple minutes
to take a break it gets to be a long
evening when we're sitting here Ava if I
could have you come back down and start
your presentation I appreciate you
pausing for us
good evening again mayor and Council
still Ava Couture planning manager for
the town and I'm here to discuss the
rezoning of the Modera Gilbert property
as shown on the vicinity prop map the
properties on the southwest corner of
Higley and Ray and is about 15.4 acres
in size there is a development on the
corner it's a fueling facility with a
car wash that was approved in 2015 as
part of phase one of a master plan
development for the site and phase two
was never developed
um
I'm sorry it's not advancing
this property is in the Gateway
character area as shown on this map in
our general plan the Gateway character
area is the green area on this map and
that area allows for a mix of uses
including residential commercial and
employment uses surrounded by
traditional residential neighborhoods
examples of this type of use are
epicenter which is directly north of
this property on Ray and bertia Coulee
station which is south of this property
the applicant proposes to do a similar
mixed use however on a much smaller
scale
the property is currently Zone shopping
center the entire parcel and because we
don't have a mixed-use Zone the
applicant is proposing three different
zoning designations on this parcel a
long Brave Road they're proposing
General commercial on just under four
acres they do propose to have Loft
living Above This General commercial on
the southern portion of the site they're
proposing multi-family medium
they do also anticipate putting some
type of commercial or retail if Allowed
by the future mixed-use ordinance if
that is approved and then they're
keeping about three acres of shopping
center along Higley Road just south of
the existing fueling facility
this is the zoning map that accompanies
the rezoning as you could see it is a
mix of three different zones
and along with the rezoning is a planned
area development request the applicant
is requesting this to get increased
height and also reduce Landscaping
so in The General commercial portion
that's along Ray Road the Land
Development code allows up to 45 feet
the applicant is proposing 55 feet as
stated previously the applicant wants
retail below and Loft above and the reef
tail does require higher ceiling Heights
the applicant is also requesting a
slight modification in the front's
landscape setback area from 25 to 20
feet and the applicant is proposing this
so that they could have other open space
areas throughout the site
and this is shown by the Land
Development code requiring 15
Landscaping in this area in General
commercial and the applicant is
proposing 43 percent
in the multi-family medium section the
Land Development code allows 40 foot
Heights and the applicant is proposing
48. as I mentioned a little earlier the
applicant would like to pursue some kind
of commercial use below the front
portion of the multi-family across from
The General commercial but again the
mixed use ordinance would have to come
into play to allow that
here the applicant is requesting to
reduce the required Landscaping from 40
to 31 percent but when you look at the
overall site it would still exceed the
landscape requirements what is required
is 33 and the applicant would be at 34
percent
along with any planned area development
comes a development plan this is the
development plan proposed by the
applicant so should this rezoning be
approved all the development would have
to be in substantial conformance with
the plan in front of you there's also a
design review that comes along with this
that will not go to council it will go
to Planning Commission and that is
lagging behind this so should the
rezoning be approved that will probably
proceed to Planning Commission in the
next approximately two months
you won't see the design review but I
put some pictures in here just so you
could get a feel for the architecture
that's proposed as well as what I was
talking about if the mixed-use zoning is
approved in the future the applicant
would like to utilize this to have a
Paseo pedestrian-like path in between
the commercial that fronts on Ray and
the multi-family with the commercial
underneath and that's what's shown in
the illustration above
there was a lot of public input on this
project it came to the town over a year
ago in October of 2021 and the
applicants started their Outreach by
going door to door they then did have
the required meeting on October 25th and
then they had two subsequent meetings in
February and June
the applicant has a more detailed
presentation than I do and you'll see
how the
site plan changed over that year due to
concerns that residents brought up
over the last week we did receive
additional concerns from residents and a
petition that I believe Council also has
a copy of the remaining concerns that we
heard are for about the loss of
commercial
the additional Apartments
there were specific concerns that if
approved there could be apartments on
three corners of this four corner
intersection there were also concerns
that this could increase traffic
concerns with the increase in building
Heights and water supply concerns
this did go to the Planning Commission
last month on November 2nd there were
five speakers that were in opposition at
that time and their concerns were with
traffic and with the intensity of the
development however the Planning
Commission did recommend approval to the
Town Council by a vote of six to one
at this time staff is also recommending
approval to the Town Council based on
the planning commission's recommendation
and this location in the Gateway
character area so staff is recommending
that Town Council make the findings a
fact and adopt the attached ordinance
approving the rezoning of Modera Gilbert
and that concludes my report unless
there are any questions at this time the
applicant also has a presentation and
there are representatives from the
town's water and traffic in case there
are specific questions
thanks Ava any questions for Ava at this
time
seeing none you can go have a seat
thanks thank you and the applicant Mr
Ray
foreign
good evening mayor members of council
Brennan Ray 1850 North Central unlike
the last case I do have a brief
presentation to make uh for tonight
concerning this case I am representing
Mill Creek residential and we're
certainly excited to discuss with you
Madera Gilbert
Madera Gilbert which is a high quality
mixed-use development on a very
challenging infill site
as staff indicated it's going to have a
mix of commercial and residential uses
and we believe and it's in a true
mixed-use fashion not only of horizontal
integration but vertical integration as
well as we look at this development
we've worked hand in glove with the
planning department as we've gone
through this over a year-long process to
present the plan but to you this day
this is kind of a textbook infill site
as we look at it it is one of the last
patches on the patchwork quilt as we
look at this area
um we um
the site's been zoned since 2003 uh and
certainly through the run-up of at least
two cycles that I'm aware of had every
opportunity to develop with commercial
uses but has failed to do so and so
while we appreciate that there may be
General comments about hey we want
commercial in the area I certainly have
someone else that can speak to
commercial viability if I need to but as
we look at it there's been lots of
opportunities to develop that commercial
uh and and none of that has happened
we're all very familiar with the site
and familiar with the area I'm just
going to touch on a few things relative
to the site plan and what we're doing
one of the reasons first and foremost
that we are rezoning a portion of of the
development along Higley Road from SC to
SC is to ensure that there's pedestrian
and vehicular connectivity that's why
you see that access point along there
the other thing that I would tell you
that as we look at it there's a total of
18 to 20 000 square feet of ground floor
retail that we are planning
there's a total of 276 residences that
is mixed between uh what is above the
commercial along Ray Road and then the
back half as well all told that's a
density of a little bit shy of 18 units
to the acre
one of the things that I'd like to point
out too is just where our height is on
the property that kind of lime green
color up in the front those are
four-story buildings maximum Building
height is 55 feet the yellow property
that's outlined those are the
three-story buildings and those are
behind but very purposefully you'll see
that we have pushed the building as far
north as we can and as far east as we
can giving a substantial setback from
the existing Lionsgate residences on our
South and on our East we've got
approximately 183 feet from the center
line of Dublin on our South to our
closest building and about 123 feet from
the center line of banding all the way
to our building the other thing that I
would point out too about the
development is that there is no
pedestrian or vehicular access from the
residential portion unlike a commercial
development where there would not be
such restricted access we are proposing
that and that purple line illustrates
where all the gates are and fences and
as I mentioned there's no pedestrian or
vehicular access
one of the things that I'm appreciative
and sensitive to many discussions in
front of this Council concerns
neighborhood Outreach and you can see on
here very detailed the Outreach that is
undertaken starting with door to door as
staff indicated back in September of 21
if you can believe that long ago and
continuing to a neighborhood meeting in
October of 21 where we had 78 people
take that to the next neighborhood
meeting and you can see as we've gone
along the way that there have been less
and less neighbors that have been
involved in this process and we believe
that's due to the fact the number of
changes that we've made to this plan and
that's why I think this slide is really
important because it walks through and
preside presents a very good visual of
the changes that have made at the
various neighborhood meetings starting
at the one on October on the left it was
strictly 12 acres of of multi-family
staff pushed us and encouraged Us in the
feedback that we heard from some of the
residences is you know we wouldn't mind
some more walkable commercial some more
services some more restaurants we go
over to San Tan Mall area and wait
forever and it'd be nice to have some
commercial retail some something that
could be good and so that resulted in
the in the February 22 plan that plan
was a lot bigger we had four stories and
four stories we had substantially more
units leading us to the plan that was
presented back in June and the plan that
is before you tonight
I want to touch on a couple of the
concerns that we've heard because we've
tried to address as many as we could as
we've gone through one of the comments
that we've heard recently is well why
don't you just wait for the Mixed use
zoning District if if if I had all the
time in the world and hadn't been in the
process for over a year I'm sure another
six months wouldn't hurt us because once
this Council should it chooses to adopt
the mixed-use ordinance next year then I
would need to reapply and go back
through the entire process again which
would require neighborhood meetings
which as you can tell we don't have any
problem doing requires Planning
Commission no problem doing the council
but the time in which that it would take
us to lead us to that I don't know that
that puts us in a better place even if
this and this is a comparison you can
see development standard wise between
the draft mixed juice zoning ordinance
it hasn't not it hasn't been presented
to you and our development standards and
you can see whether it's under the draft
mixed use large or the mixed juice
Regional our building height is
substantially less than what could be
allowed by right in those zoning
categories same thing with setbacks we
have greater setbacks than what is
proposed under the mixed-use draft
zoning ordinance same thing with open
space area and so you can see on a lot
of hands in a lot of instances where
this development is much better even
though we are zoning it GC and
multi-family medium
as we all know one of the issues that
came up is deals with water and in
particular it's on irrigation and that's
what the focus is I know there's a lot
of sensitivity not only in the town but
throughout the valley and the state
concerning water and water usage and the
concern and again I can appreciate this
isn't part of a zoning case it's it's
part of a design review case actually
where we get into water and water uses
but as we look at it the Lionsgate
irrigation system is under a
considerable amount of stress that
stress occurs before I even put a shovel
in the ground and that stress on their
system exists whether or not the site
remains zoned commercial or whether it
goes to this mixed-use development that
we're talking about tonight and so we
have worked very closely with the town's
water department as well as getting
information from the property management
company for Lionsgate to try to
understand this irrigation issue and so
it is something that we are continuing
to work on we understand concern for it
but it deals with system and delivery
and and things like that
as with any issue when we're talking
about mixed use or particularly in
infill development we're always going to
get traffic issues and there are going
to be traffic questions as you all well
know vacant dirt generates no traffic
but this is done this is an exhibit that
shows the difference the traffic impact
that would happen if this site were to
develop as it is currently zoned today
shopping center and you can see there
the difference that with the commercial
Pure commercial land use it's going to
generate 1500 trips more in a 24-hour
period during the PM Rush which we know
is very busy in and around the area we
know that it's going to generate 150
more trips so a third more trips are
going to be generated by commercial
and so it's something that that as we've
looked at we understand the concerns but
we've worked closely with the town's
traffic engineering department as well
as our own personal traffic engineer and
she's here to speak as well if we need
to I know the towns
um traffic group is here as well but as
we look at it the access points to this
development are fixed because it's an
infill parcel I can't change the access
points
so in summary here's what we're here's
where we're trying to get to again I can
go into a lot more detail in terms of
the design and quality of it we know
that the town has high expectations from
an architectural standpoint and as Ava
presented in her presentation if you'd
like me to go in more depth about the
architecture and stuff like that I can
but we believe this is a true mixed-use
development high quality development we
are appreciative of staff's
recommendation appreciative of the
Planning Commission experts and their
strong recommendation for approval and
would request this group's approval
mayor members of council there might be
some that wish to speak and I well I'm
happy to answer questions I would
appreciate the opportunity to come up
after if necessary thanks Brennan any
comments or questions for Brennan at
this time
okay you can have a seat and we will
bring you back after the public comment
vice mayor
we have two speakers first Echo love and
then Rachel Radford
foreign
I am not that tall
um can I have the vicinity map but back
up please that was referenced by Miss
Eva please
foreign
that I would be allotted 10 minutes
versus the three that is currently shown
no I'm sorry it's three minutes per
speaker this evening I was told because
I was speaking on behalf of a group I
was told at the desk that I would be
allotted 10 and that's what's reflected
on my comment card that's up to this
console right here and that it is three
minutes for this evening
okay that would have changed my speech a
lot that would have been good to know
prior when I checked in okay thank you
all right my name is Echo love and I
love hearing Gilbert I stand before you
representing not only myself but 166 of
my neighbors who signed an in-person
petition that I have with me
against the Madeira rezoning of the
southwest corner of Higley and Ray
we are opposed to this proposal due to
the lack of mixed zoning currently
available the lack of adherence to the
Gilbert 2020 General plan the lack of
compliance with the Gateway character
area and the established lack of water
source and the recently failed traffic
study
first the zoning type is not currently
appropriate as we heard from the
Commissioners on November 2nd 2020 and
again from town staff today there
currently is not a singular zoning
district and in the Land Development
code that could Encompass the developed
plan there is already a mixed zoning
option currently awaiting your decision
in January because this project is
trying to incorporate both 276
apartments and 22 000 square feet of
commercial into the same project
this decision should be postponed until
after the January vote Ray Brennan
himself just said that it is a true
mixed Zone project if that's truly what
we feel it is we need to call it as such
and it needs to wait until after that
verdict has been made
beyond the mixed-use zoning concerns
this project does not best meet the
Community Charter established by the
general plan Gilbert is intended to be a
mixture of multi-family single-family
and Commercial as it is currently zoned
this intersection has already been
rezoned once to include the multi-family
housing in the form of the Tyler at
epicenter to also Zone the southwest
corner in the form of the Madeira
project as another four-story building
would go against the community character
as it does not create diversity in this
area allowing it to continue to be
commercial would allow us to keep the
diversity that was intended in this area
it also fails to give us diversity in
the type of Apartments being that these
are luxury apartments which match those
of the Tyler and MAA Lionsgate across
the street
this being the only only Gilbert and
Guadalupe currently has apartments on
three corners all of which are two-story
height except for one smaller building
that's tucked behind the two-story
building this would be the first of its
kind and it would be across the street
from epicenter the tallest building in
Gilbert
it's also listed in the character area
which identifies as desirable physical
characteristics that will enhance
Gilbert's unique identity and bring back
traditional neighborhoods there is
nothing traditional about this project
and it does not fit with the character
plan
this current project does lack open
space although as you just heard they're
correct the combined space meets the
minimum the fact remains that the
individuals don't we do not have a mixed
Zone plan thus we should not approve it
without the proper requirements
the height is in the same category the
building is too tall for what is
required if we're going to follow the
codes we need to stop giving exemptions
and actually hold them accountable
this project failed its traffic study on
November 2nd and cites 11 concerns again
I thought I had 10 minutes
I do request that the petitions be heard
that and I do wish to make Town Council
aware that I was under the impression
that 10 minutes were given since I was
speaking as a group otherwise you might
have significantly more more speakers
here tonight but we were attempting to
respect your time by reducing to one
speaker on our behalf
thank you
if possible I am also willing to come
back and speak at the end as Mr Brennan
requested I don't know if that's within
protocol but I'll make the request
nonetheless thank you
thank you
thank you
hi everyone good evening my name is
Rachel my family and I reside in
Lionsgate that consists of my husband
and my three children seven four and two
my children's safety is my number one
concern and I'm sure that resonates with
you all who have children yourselves and
grandchildren I would like for each of
you to picture and imagine your children
in grandchildren's faces and imagine
them living on Banning a corner my
family and I live on
as it is today walking my children to
the corner of our neighborhood park
right behind where the proposed
development is I'm like a basketball
player on defense protecting them from
traffic
as a society we support outside Time
Fresh Air exercise and less screen time
especially for our youth how does a high
density high traffic flow align with
this in our children's future
Kathy in 2020 during your Town Council
running you said you had the ability to
identify unintended consequences I call
upon you to identify the unintended
consequences of this development on this
corner that already has an immense
traffic flow and traffic that will
absolutely flow into Lionsgate
neighborhood where children play where
we already have two multi-family
buildings here and the Lionsgate
neighborhood
Scott September one of your top three
priorities when running was to promote
responsible growth and prioritize
commercial development I'm here to
remind you that this land is already
zoned for commercial development and we
have enough residents residing on the
corner the balance we need is family
oriented shops and healthy activities
Loren and young among your top
priorities while running were to
maintain a family-friendly for Gilbert
and bring the best quality of life
Lauren even cited Safe Streets as one of
his top priorities how does this
development align with Safe Streets in a
family-friendly environment with an
anticipated additional 3 400 trips a day
to the area
and Scott Anderson your resume is quite
impressive as being an incubator for
some of Gilbert's best amenities does
this align with your vision of Gilbert I
trust you to agree we need more
family-friendly amenities this complex
brings less of the fabric Gilbert has
been built on with a four-story building
landscape setback and high density
to quote mayor Peterson on the last
rezone each case is individual she said
the last rezone request was surrounded
by commercial this rezone request is
already surrounded by residential
Mrs kaprowski stated that it's a
rigorous process to already get to where
we are today I can appreciate that and I
can appreciate all the changes that have
been made Olympians have a very uh
rigorous process to get into the
Olympics but not everyone gets a gold
medal
the time to stand by your priorities and
protect families in Lionsgate and
Gilbert is now the time to deliver is
now your electors are here and we're
paying attention to your vote it matters
it matters to me it matters to my family
it matters to my children's safety and
all of the residents in Lionsgate
I really want to thank you for your time
I'm almost done if your mind was made up
to vote Yes before tonight I really
implore you to reconsider
it's not enough to just understand where
I'm coming from it's enough to vote no
and at the very least postpone the
decision so the developer can review the
traffic flow mitigation strategies and
adopt them in the City of Gilbert can
have their mixed zoning discussion in
January of 2023. thank you and happy
holidays thank you Rachel if I could
have the that was all the comments vice
mayor thank you if I could have the
applicant please return for a response
and any questions from Council
mayor members of council and three three
quick points
um as staff has indicated in their
presentation in the report we do comply
with the general plan we do meet the
intent and what the Gateway character
areas intended had we not I'd have been
proposing a general plan Amendment
tonight as well but we're only coming
forward with the rezone and I can go
into more detail if necessary secondly
with respect to traffic
that is something that is reviewed by
the town we have submitted a traffic
study that is part of the design review
case that hasn't been heard yet we are
still in the review process with the
town and we want to ensure that this is
a safe development not only from our
standpoint but the town does as well and
a lot of the infrastructure that will
serve this development from a traffic
standpoint already exists today
um the last thing that I will just touch
on is is our intent and I hope you can
see it reflected on this plan if not I
can go into a lot more detail that this
is a pedestrian friendly experience we
have provided uh very purposefully a
Paseo through the middle and if you can
picture with me a combination of organic
and structural shade similar to what you
might see in a care lender a Scottsdale
Quarter
um that is the excitement the vibrancy
the what we are intending to do very
purposely we've created additional open
space you can see a little pocket park
in the front of the building that pocket
part is for customers pedestrians people
to come visit enjoy the site and be able
to do it as they do the and currently in
the area we're on a much smaller scale
obviously in agricopia but Joe Johnson
and his group have done a good job and
we look to continue to build upon what
they've done and with that again happy
to answer any questions but we would
request your approval thanks Brennan any
questions for Brennan vice mayor
yeah there was it was referenced a
traffic study that you failed and I'm
do you know what what the individual is
speaking about through the mayor vice
mayor yentis I I do not as I as I
mentioned we are
um have submitted a design review
application and as part of that design
review application as a traffic study I
can tell you that the comments that
would be received back on that traffic
study do not relate to traffic comments
it received have questions to do with
parking and how the parking is going to
work but I'll tell you you might not be
able to see it on here from a pure
parking standpoint we are exceeding what
is required code requires 653 we're
providing 660. so I believe unless I'm
mistaken Jamie blakeman if you can wait
wave your hand in the back I don't
believe we have any traffic issues that
have been raised
comment we're addressing comments for
everyone that couldn't hear so it's not
a it's not denied it's also not approved
because we're in the process
comments questions for Mr Ray
yes councilmember tolki
good evening
um
I want to ask a question I asked this of
you before so it shouldn't be a surprise
but um
by approving this tonight without the
mixed use
ordinance past
um
I I'm trying to think the best way to
ask is because maybe it's easier in an
informal setting uh the
the number of units that you're
requesting
is a maximum is that correct
through the mayor councilmember tilkey
that is correct and at this point during
your design the commercial areas that
have been identified
are not included in that number as a
possible residential unit
uh no uh I understand the question mayor
council member tilkey I believe
and I'm going to point I know you won't
be able to see it but there is a retail
co-working area that is in front of of
the Eastern multi-family building
that area if we do not apply for the
mixed-use zoning District or if it is
not approved by this Council would not
then be converted to residential units
and is that because of the maximum
number
in this application yeah through the
mayor councilmember Toki yes as part of
this the staff indicated we do have a
development plan that development plan
is very specific as to what I can do and
what I can't do and so no we uh and I
hope staff agrees with me we would not
be able to add additional units okay
um I would like a follow-up with staff
on that just to clarify
the reason I I bring that up is
um
I clearly understand that we can't
promise future zoning in this zoning
case or or stipulate any of that
um I see this as a risk for you and your
client that if this was approved and we
did not
approve the ordinance mixed Assurance
um
that you would be stuck at that point
not being able to
change this into residential
that's kind of where I'm getting at yeah
through the mayor council member tilkey
we certainly understand and it is a risk
that we are are willing to undertake at
this time we have confidence in staff
and staff's ability and as it relates to
the Future mixed-use districts but
because we don't have that and we're
here today with this we we know full
well what we are doing
and um I know it's probably hard
for everybody to understand that the
second risk you're taking is by
moving this forward through the design
review
process as we are approving this and so
um
it's
um
what's risky I guess I guess that's what
I want to say about it but um that it
seems that you're very committed if
you're willing to take those two risks
through the mayor council member tilkey
yes that is correct and in the event for
whatever reason let's say the mixed use
zoning districts don't get approved by
the council and really what that retail
co-working area identified becomes an
immune an immunity an amenity for our
residents additional amenity additional
amenity space for them
um thank you did the I guess I'll just
ask Steph did you have any changes or
um staff will come up after the
applicant we have a proper procedure for
public hearing sorry so let's get our
questions out for Mr Ray and then we can
ask our questions of staff
councilmember Anderson councilmember
Anderson had already turned on his mic
thank you
thank you
um you know usually when we get uh
zoning cases before us I can tell you
the four things that people are
concerned with there two I haven't heard
much discussion about which is crime and
impact on the schools
you talk a little bit about that and
then I want to talk a little bit about
water after that
yeah through the mayor council member
Anderson in terms of schools
um as as as we all know there's a large
amount of competition for schools not
only for public school schools but with
Charter Schools and although I haven't
specifically visited with this
particular School District as we've gone
through this process I can tell you that
when I visited with other school
districts across the valley that are in
similarly situated demographics and
stuff like that that when I go talk to
public schools and say hey do you have a
capacity problem they
they laugh at me and they say no we
don't have a capacity problem because
there's such a proliferation of charter
schools and other alternative choices
for kids to go to school and so we do
not believe that there is going to be an
undue burden relative to the schools
um with respect to your first or second
question relative to Crime as as this
group knows and a lot of people know
when these communities are developed
they follow what is called septed and
it's crime prevention through
environmental design it's it's having
open space areas making sure their
lights appropriate lighting visibility
there's a whole variety of of principles
that we don't traditionally talk about
but most Architects that I work with and
certainly that Mill Creek works with
employs that again that's the sept head
the other side of the equation is
September which is crime prevention
through Environmental Management or
something like that I might have got the
E wrong but but it what it says is that
hey look you know the property
management company they go through
proper training to ensure it there are
Provisions in lease typically that say
Hey look if you
screw up bad enough I can kick you out
within 24 hours and that's once you sign
a lease prior to signing a lease there's
an extensive vetting process where
rental history is looked at credit is
looked at income levels are looked at I
mean it's probably easier to qualify for
a mortgage than it is to rent a a an
apartment in these types of of
developments
thank you and I think we notify the
school districts in every case and I'm
sure that we've notified this particular
school district and they would respond
if there is an issue
the last question has to do with water
and this might be more appropriate for
Eric or Lauren back there but uh
you and I talked about it a little bit
about
maybe using this project this is as a
case study in water conservation because
of the situation you're in for the
irrigation and so forth it may be an
opportunity to do a different kind of
landscaping palette that's more
xeriscape and and some other things that
we can offer in the town and I don't
know if Lauren or Eric you want to talk
about that or not but we'll do that
later
I'm learning but it is an opportunity I
think to because you know where the
situation we're in in the valley with uh
with water and I think the most most
problems with water use occur outside
not inside and that's where we need to
address some of these issues and
irrigation is certainly one of them yeah
through the mayor council member
Anderson thank you for that
um as you know a lot of our Landscaping
is taken from the AWA adwr Arizona
Department of Water Resource low water
use and so I know that when when trees
and shrubs and Landscaping goes in it's
already on the low water use list
because there is that need for that but
we are certainly happy to continue to
work with staff as we go through the
design review process and to be able to
look at other ways
thank you councilmember September yeah
thank you mayor
um so Mr a regional proposal was almost
exclusively multi-family and in your
proposal today is a little better of a
mix with eight Acres of multi-family you
know four acres of General commercial
and three acres of shopping center can
you and I apologize if you've already
covered this but can you talk a little
bit about the phasing
of development I we we hear from the
community all the time when there's you
know a commercial component and a
residential component the residential
component gets built first and then the
commercial component that brings the
coffee shops or the shopping centers or
other retail amenities to an area happen
much later or who knows never at all can
you speak a little bit to the phasing of
this project yeah through the mayor
councilman September this is one
development phase so everything is
planned to be built obviously
construction phasing is a little bit
different but from a development
standpoint it is intended to be
developed all at one phase at the same
time
thank you
any other questions for Mr Ray
at um before Mr Ray came on this project
this project actually came to me in
August of 2021 so I saw this project
before Mr Ray even saw this project and
um I will say that the project has
changed a lot in that time since then to
today and
um I applaud you for the work that
you've done
and appreciate
your answers this evening and I think we
can have you take your seat and we'll
ask Ava to return to the podium thank
you thanks Brennan
okay you're you're not that tall either
are you Ava
Council ever tell me do you have a
question for Ava
thank you mayor
if I was just wanting to clarify that
if the mixed-use ordinance did not get
passed
was there an opportunity for
additional units to be built on this
property
and mayor Peterson council member tilkey
as mentioned that this is a pad so the
pad comes with the development plan
that's on the screen now and the
development has to be in substantial
conformance with that plan so since it
is showing non-residential in that area
and there has been talk about the Paseo
Paseo and having non-residential on both
sides staff would not believe it was
substantially conforming if that was
replaced with residential that does not
mean that the applicant couldn't come
back it amended and go through the
process again but the applicant is aware
of that and is aware of the plan that
they've submitted and as he mentioned
that it would then just become an
amenity and hope in the future that
he'll be able to put the retail in
thank you
any other questions or comments for
staff at this time
OH councilmember Anderson I was just
going to see if Lauren Eric had some
comments about water and
water use you might also comment on
multi-family versus single family on
water use
thanks Ava thank you
good evening mayor and Council Lauren
Hixson water resources manager so I
believe the first question was just
about the type of landscaping which
that's reviewed under the design review
process and we have seen some
preliminary plans through that process
and are reviewing them and the proposed
use is low water use landscaping and in
compliance with our conservation code
so we're still reviewing the water use
type Etc
but um and then you're with regards to
indoor out versus outdoor water use
obviously are concern for the most part
is related to outdoor water use because
we don't get that water back and into
the sewer system and reuse that water
supply generally speaking on a per acre
basis multi-family uses more water than
single family residential just simply
because you have the more density more
density within that um
that area and but it also depends on the
outdoor versus indoor use so
thank you Lauren and Eric
I will bring the conversation back to
the dice close the public hearing and
see if there's any discussion on this
topic
don't everybody jump at once
um
any comments questions concerns emotion
I have just a quick comment I'm pretty
familiar with the area I live just a
mile and uh my husband used to live in
Lion's Gates so
um very familiar with the area but um I
I would just like to say that the the
presentation that the applicant provided
is is a
I think almost like a part of a new
trend that we're seeing with Atkins in
the level of detail and particularly
encouraged by the slide that shows the
kind of differences between the
iterations that the plan has made which
you know when you're just looking at
numbers on a screen or reading it in
your packet doesn't mean a lot until you
kind of see what they look like and
specific to the the buffer between the
the Lionsgate neighborhood and the uses
to the north if I'm oriented right so
I'm happy that there's there's been some
you know I look like an ongoing dialogue
with many of the residents there
the proof is in the pudding from how
much we can visually see the the plants
have have drastically been made and
um will be supporting the item tonight
thanks vice mayor
um when I saw this plan originally in
August of 2021 like I mentioned um I was
an immediate no this is not the right
plan for this location and like I
mentioned the applicant has done a lot
of work on this plan this plan has
changed tremendously along along the um
time frame that they've been involved in
it I I commend Mr Ray for his
explanation of
if they if they wait to see if we
possibly create a new zoning code he
would have to refile this case under
that new zoning code and start this
process over again and um
that's a very costly situation for a
developer for something that is right
now
we haven't even voted on that yet so
we're not sure that that's even going to
get passed so when you're looking at a
situation like that he has to take all
of that into consideration and
I think that they've done a lot of work
with the neighbors as far as the desires
of the uses and cutting down on the
multi-family to create more commercial
in the area
any other comments thoughts
councilmember tolki thank you mayor um I
agree with both you and the vice mayor
in the comments that you've made
um
it has come a long way I would have been
a no on the first project that was
brought forward
um
saying all that
knowing that I can't stipulate anything
I would like to say Mr Ray I don't want
to see you back here asking for
apartments on the lower level in the
future so I know it's not part of
emotion but for the record and I think
you already know that from me but um so
um anyway I will be supporting it
thanks councilmember
any other comments comes over Anderson
this is a tough one and we knew that
these last 10 years as Gilbert goes
towards build out that these are going
to be tough cases
because they're all infill pieces and
everybody that lives around these vacant
lots are used to vacant Lots
and it's going to be continue to be
difficult because we're going to see
more and more cases like this
um
and I think there's an opportunity
because of the developers of these
properties will understand these the
difficulty in working in these areas I
think the projects that we get as a
result of
of them being in field pieces will be
high quality which is what we would
expect nothing less
than high quality in in in in design
I've heard in the past and and believe
me
um
you read my resume thank you for doing
that
you do realize that that I was the
planning director in Gilbert at one time
and skillet was growing as a matter of
fact I was the planning director when
Lionsgate was came through the process
and was approved
and um
we look for quality in no matter what
the project may be whether it's single
family multi-family whatever it may be
we're looking for quality and we think
that's what Gilbert deserves and
having worked in the process before if
you're not familiar with our process and
you can talk to staff at any time it's
tough to get through our process
and we're looking for Quality as as
projects come through the process
many of these cases that were cited
these 50 straight zoning cases that
we've decided
to approve people don't understand that
there's a rigorous process that each one
of those cases and generally a lot of
them start off with a no
and but after a lot of work with staff
and a lot of work with the the
neighborhoods and and with Council and
those involved in the process we get a
high quality that we desire here in the
town
as far as multi-family is concerned
there's a need in this Valley a severe
need for good quality housing
multi-family included
and I think this gives the opportunity
for those who are coming to Gilbert that
want to enjoy the same quality of life
that we all enjoy
perhaps they can't afford to live in a
house they can still enjoy a quality of
life in projects such as this one
and that's what we need to concern
ourselves with is as you mentioned our
children our grandchildren so that they
can live here and enjoy the same
amenities that we all enjoy
and I I don't want to be one that denies
them of that opportunity
so I appreciate everyone that is here
maybe about this project and those who
spoke thank you very much for your input
thank you mayor
thanks councilmember Anderson um I know
councilmember koprowski said something
earlier that these projects
by the time they get here they've gone
through a really big rigorous process
and as you've heard it started with me
back in August of 2021 and my response
was no and they went out and found a
different representative along the way
and made a lot of changes along the way
and
right up until today I was probably
still a no
because I have to look at every single
one of these cases individually I have
to look at all of the surrounding area
I have to take everything into
consideration when the case is presented
in the evening and I think the vice
mayor said something about what was
presented tonight and it's different
when you see it in the presentation at
the meeting so I really never try to
make up my mind before I get here I want
to listen to the residents I want to see
the presentation I want to hear what
staff has to say before I make up my
mind and
every case is different like I talked
about earlier every single case is
different so I came in tonight probably
still as a no
but I think that I have changed my mind
on this case
any other comments or questions or would
some like to make a motion
move to approve item 45
. yeah where are we
a second I have a motion from Council
Members September 2nd from vice mayor
bientes all in favor
any opposed
motion passes 7-0
thank you council member Hendricks
please speak up if I forget to ask
I almost forgot you were still there I'm
sorry
moving on to item
46
. we have um zoning AP
22-02 this is an appeal we'll be
conducting a hearing and consider appeal
to the Gilbert Town Council from the
town of Gilbert Planning Commission
slash design review board on a design
review 22-74 for woodspring Suites hotel
I will
open the public hearing and I will ask
our town attorney to please give us a
statement regarding the council's
purview for this evening's appeal
mayor council members as a reminder
um what before you now is an appeal of a
design review approval done by the
Planning Commission the town council's
authority to hear this appeals based on
section 6.1.2 of the Land Development
code
the Land Development code also sets
forth the procedures that will be
followed and requires that the appellant
set forth the decision being appealed
which was done the appeal was timely
filed and the grounds upon which the
appeal is based in this case the
appellant filed the appeal with regard
to the elevation that was approved which
includes the number of stories as well
as well as this color scheme so the
appellant satisfied the LDC requirements
for the appeal and that's why it's
before you as a reminder what's before
you is only the design review and the
scope of that appeal which is the color
scheme and the elevation the use is was
not before the Planning Commission the
zoning that's been there has been there
in place for many many years and the
council can't get into the use it can
only consider the scope of the appeal
um
and just one last thing in this scenario
the Town Council is acting as an
appellate body and you your limb your
limitation your Authority is limited to
that so you have three options you can
uphold the design review approval you
can modify it or you can reverse it
thank you Chris I'll go ahead and ask
the staff to come down and give a report
on this item
foreign
got a question for uh for Chris okay
uh Chris so if it's reversed does it go
back to Planning Commission or or the
planning commission's approval of the
design review is null and the applicant
has to reapply what what what's the
outcome of that
I think Chris is looking to phone a
friend in the planning department
that's a planning department the answer
right great question mayor council
member Senator I believe it goes back to
the Planning Commission for further
consideration but I will refer to the
planning department I finally stumped
you yeah
mayor um
I believe that it is denied if the
council does not go back to the Planning
Commission
it's the decision is denied yes
then the council's decision can be
appealed to Superior Court
thank you Eva
thank you
up next
all right good evening mayor and council
members I'm Kristen Devine planner with
the town of Gilbert this presentation is
to provide an overview of the design
review project being appealed tonight
for woodspring Suites hotel so it's
ap2202 and the design review was dr2274
the site is located on the southwest
corner of power and Germaine roads
outlined here on the map in yellow there
are already two developed pads on the
site a Chase Bank on the hard corner and
an Auto Zone on the southernmost pad off
of Power Road
the site is wrapped by a multi-family
medium with sf6 slots located behind the
multi-family
the parcels to the north of this site
are Zone General commercial and the
properties to the East are single family
homes located within the town of Queen
Creek
as previously mentioned this site has
two developed pads already seen here in
yellow woodspring Suites hotel is
proposing to develop the internal most
portion of the site seen in white
with two future pad users with the
location shown in green
on November 2nd Planning Commission
approved the project subject to
conditions a condition was added that
the applicant was to work with staff on
a revised color palette
several residents spoke at the hearing
and opposition of the project citing
concerns regarding their lack of support
for the use height and colors there were
concerns about the possibility of
increased traffic in some apprehension
regarding the type of clientele they
perceive the extended stay hotel May
attract
they also voiced concerns this
development could impact their quality
of life
the the commissioner spoke at length
about clarifying what uses and
development standards are permitted
within the GC zoning District General
commercial zoning District they also
raised concern of the colors not being
compatible with nearby development
the appeal for this designer view was
submitted on November 8th and is to
appeal the colors elevations and overall
design of the building
since that time the developer has
submitted revised colors to staff for
approval
to recap this site already has two
develop pads seen in yellow would spring
Suites hotel is proposing to develop in
White and the two future pad users are
proposed in green
the landscape plan proposes an
assortment of trees shrubs and ground
cover with heavy landscaping at the rear
of the site buffering between the
multi-family
the proposed building will be four
stories 45 feet tall the maximum height
permitted by right in General commercial
zoning district is 45 feet
the roofline is mostly flat with shed
roofs on the end caps the massing
includes elements such as color and
height variation and recessed walls to
provide Dimension to the building
the original colors that were proposed
for the building were mostly desert
toned but did include a kind of burnt
orange color as one of the main colors
here are some 3D renderings of the
original elevations
the new elevations have swapped out the
burnt orange color for a more neutral
beige color that is complementary of the
surrounding developments
and some renderings with the new color
updated color and materials board for
the project
this hotel again will be four stories in
about 48 660 square feet this is the
floor plan for the first floor it
includes the reception area Fitness room
and laundry room
this is the floor plan for floors two
through four which are just guest rooms
idiot comment cards in opposition and
one in support were received by staff
prior to the November 2nd Planning
Commission hearing 209 additional common
cards in opposition and one and support
have been received by staff between that
time and December 11th
staff recommends to uphold the planning
commission's approval of dr-2274
woodspring Suites hotel subject to the
conditions
and that concludes my presentation if
you have any questions I am available to
answer them thanks Kristen any questions
for Kristen at this time councilmember
September yeah Kristen
um so were there any elements of the
elevation the articulation of the roof
line or the
um or the facades that were inconsistent
with with Gilbert
code or the the type of quality product
that that we would expect
someone to to develop in that in that
particular area
sure mayor council member September the
roofline does vary in height which is
something that we look for we don't want
just a standard roof line we want to see
some movement in the building which this
building does have
okay and so and so the other the other
aesthetic elements of the building were
not inconsistent with what we would
expect and it met stats expectations and
code requirements that's correct thank
you
any other comments or questions for
Kristen at this time
thank you Kristen I would like to ask
the appellant to come up and do their
presentation
mayor may I
um clarify some of the earlier questions
we were just looking at the Land
Development code
um section
6.2.12h talks about the hearing Body
Action and one opportunity or one tool
that you have it says public hearing
shall be conducted in accordance with
procedures which we're doing the
decision-making body which is the
council May remand the matter to the
original decision-making body for
reconsideration for additional
information or to cure deficiency in the
record of proceeding so you do have the
opportunity if you so desire to remand
it back to the Planning Commission
to reconsider or give additional
Direction
Chris
and one final thing is that under our
code that this is a final decision not
appealable Superior Court not appealable
to Superior Court unlike
um
unlike for example Board of adjustments
yes correct because it's it's a design
review oh because it's design review
okay thank you please just give us your
name for the record sure Joni Joyner and
I'm a Gilbert resident
um sorry if you'll just be patient with
me um I don't
um do these kinds of things for a living
just a concerned citizen
um
so the reason why I appealed the
situation was because there's a maximum
height of 45 feet it actually exceeds
that on both ends of the building it's
45 feet and four inches the reason why
that's a concern is because it is
already so high in elevation that it's
higher than the apartments and the homes
around it not only that is it's the
colors were were shown to me by by
Kristen and I think those are adequate
compared to the orange that was before
I'm seeing how the the same Mesa one
that they just built also have the same
color so I think that's a great change
in that so I appreciated that from the
from the builders perspective the thing
with the elevation is
as people are really upset with the
elevation of it because it's so tall yes
it it is allowed to have that we're not
questioning zoning we're not questioning
anything else other than we're asking
you to deny this because
it is it's it already exceeds it and
they push the limit on on the building
of it but not only that you're going to
probably hear from people it's very
upsetting to the community that it's
tucked away in behind the two smaller
businesses and it's going to be huge
it's going to be the four stories and
four inches that they have also added to
me that's not an honest
um preparation to the community in fact
that's kind of an insult that you would
try to get that passed it's just one
small factor
um in the building what I want you to
understand is
um I want a few things I want to point
out
that goes back to the the elevation
um I know there's sometimes not the same
communication from the planning
department as there is for you guys on
the Town Council and I'm not trying to
be negative in any way
um just want you to understand the
people are upset the type of business
that's coming here doesn't bring
residents homes it doesn't bring
anything of that Nature's in fact more
on the leisurely side of a extended stay
but what you don't understand is that's
not the type of extended stay that we
want in our community it is one of the
lowest rated Extended Stays we already
have a low budget Extended Stay in
Gilbert and I don't think we'd need
another so I'm asking you to please
consider that in the comments that I
have
um I know you guys know this already
that um in your plan for future for our
future 2020 and the Gilbert General plan
um
I think it's page 25. one of the things
that you stayed in there is that support
placement of compatible commercial uses
and community services that integrate
access to daily needs into residential
neighborhoods I understand it is zoned
General commercial but it's not a it's
an odd place to put a hotel it sits
caddy corner and it will be blocked from
traffic I understand they are have a
proposed deceleration lien as of 2019
because I didn't have access to any of
the other years it does show on it in
your traffic count in that survey if you
look at it the only the one corner that
has the most amount of traffic counts is
the corner of Gilbert and the Jermaine
and power that very Corner that there's
actually
no deceleration Lane coming south on
Power Road the problem I see with that
is the amount of traffic that's going to
be in and out of that area that's a
concern I couldn't find anything that
showed an updated
um
traffic count for the area
I am not an attorney I'm a nurse and so
we we come and plead to you as a
community that you please consider not
approving this
um another thing is
um it is a low budget hotel
um this picture that I have posted up
here
it's not a picture of the hotel but I
just want you to understand this is what
they want you to think it is it's Grand
it's fabulous but the inside of the the
walls of the Extended Stay it's so
poorly built
um there's not just my comments it's not
my opinion but when I pulled off of the
internet different comments about people
it is constantly there's hundreds of
comments about how poorly made this
place is not only that it's low staffed
an issue that we're going to deal with
with more people coming in and out of
that hotel that particular business that
there's no supervision that type of
Hotel extends to stay particularly on
their website does state that they do
know our crowd deposits credit checks or
credit cards upon checking cash is just
fine to me that's a problem if you do
look at some of the hotels
in our area Gilbert is a fine
it's an amazing Community but we do need
to uphold the standards of this
community the types of hotels that have
came here we do have one Extended Stay
already in place in Gilbert but we have
um Holiday Inn Express we have
DoubleTree by Hilton
we have True by Hilton Hampton Inn Hyatt
home to Suites by Hilton Residence Inn
by Marriott this is not a business that
belongs in our neighborhood I know it's
hard to see it's on the corner and it it
also would look into the Queen Creek
area but the problem with that is this
is not as this is not a well-established
business that promotes anything along
with the guidelines that Gilbert's
establishing we are Lima higher standard
in in Gilbert y'all have posted signs
about you know you don't have to
contribute to panhandling for instance
we just have different standards here in
Gilbert and I don't feel that that
business belongs in that corner a couple
of things I just wanted to mention
is
um it
the design review was denied three times
before it was ever passed last month
um I don't know for what reasons I don't
have access to that but they tend to cut
Corners in a low budget hotel
and um people within with people with
disposable income don't stay at Extended
Stays unfortunately that's just not
something that usually happens it does
but that's not Gilbert Gilbert is a
different Community with higher
standards than that
there is concerns some residents have
noted that the corner of that area has
had some Plumbing issues some sewer some
sewage issues on that corner when you
add 122 room four-story Extended Stay
when there's long lengths of period of
people coming in and out that's gonna it
that's going to increase the sewage
issue that we're going to have
um
um also
um
I don't know if there's a contingency if
someone could answer that because I
couldn't find it but they don't own the
land it appears there's some must be
some kind of contingency plan because on
the original planning review that I
showed up at it shows that the owner is
a Gary Davidson with a local phone
number so I'm not sure that land has
even been been
purchased by them if it hasn't then
they're not losing
um they're not losing money other than
the investment they've put in to file
the appeal for the Planning Commission
um did you have any questions
um the other thing I want you to keep in
mind is
sorry I um I'm real real passionate
about what's coming to our community
um I am all for the growth and all the
things that have been happening in our
community we've lived here 16 years
Empower Ranch as homeowners
and this is just not the type of
business that we want in that corner
it's going to lead to more more issues
more money spent more just more issues
that are going to be added to our plate
please we ask that you please deny this
approval please don't approve this
business at all it's not going to bring
in helpful it doesn't fit the area
foreign
take a break and um
sorry
Joanie the way the process works if you
want to take a seat and then I can open
the public hearing and I will call you
back up because you're the talent
so if you if you've shared what you want
to share at this point and then we can
do the public comment and we can bring
you back up okay is that okay yes ma'am
okay I know you don't do this all the
time so I appreciate that
um
so the applicant is up next
I'm assuming that's Mr Gilbert I see you
back there
your assumption is correct
for your record my name is Paul Gilbert
My address is 701 North 44th Street in
Phoenix
I'm here representing the owner of the
property the developer of the property
as well as the builder of the hotel
it's important as we reason together
that we focus on what we're all about
90 percent of the testimony that you
just heard was an objection not to the
design review issues of color and
elevation but to the use
that is not I don't mean to be pedantic
here tonight but that is not pursuant to
the instruction of your town attorney
the criteria that you should use in
evaluating this case I'll say that once
I may say it again but you get the point
uh and again ninety percent of that
presentation also I'd like you to look
at our hotel
the hotel I don't know where she got
that from but the hotel that was brought
before you was completely different than
what we're proposing here tonight I
think I don't understand what she was
trying to accomplish by that also
we offered this is puts us in an awkward
position because we wanted to meet with
the neighbors
and discuss with them what their
concerns were
uh and we emailed the person that filed
the application we'd have a phone number
or an address we emailed offered to meet
we call the staff and said may we have
her phone number so we could meet we got
no response whatsoever so we were not
given any of the details or particulars
as to why there were objections to the
color and the landscaping and the
materials which are the factors we
should be focused on again this evening
uh I've got a whole Bevy of people here
tonight that can answer questions much
better than I I hate to admit that since
I'm paid by the word but they uh are
associated with this development and
developer and this hotel so with me
tonight I have the Philip Goforth who's
the president of Genesis they're the
ones that operate and own the hotel I
have the architect Frank Malik I have
the Scott Perry who's in charge of
operations and I also have the
development manager Mark perrino all of
these individuals are here and available
to answer any questions that you might
have again I'm not going to be sucked
into talking about these issues about
the quality of extended care extended
stay because that's not relevant but we
are very prepared and able to answer
questions if they remain concerns I do
want to to talk just briefly a little
bit about the background
we're here with a solid recommendation
from your staff and with the
recommendation of approval from your
design review board
what we're proposing
is a hotel in The General commercial
District it's allowed as a matter of
right
so what we're proposing
is allowed under the ordinance
furthermore and importantly this zoning
on the property predates most of the
homes that are in the vicinity so they
knew or at least had an opportunity to
know this property was Zone General
commercial General commercial allows a
hotel and they had a full opportunity to
apprise themselves of that important
fact
the other thing I'm going to ask you to
recall one of the staff exhibits we're
not next to single family residential
what surrounds our use
multi-family Apartments 37 feet high
so the single family residential doesn't
surround our hotel we're surrounded by
other uses that are part of our
development the Auto Zone and Chase bank
and then immediately adjacent and
surrounding us all the way around our
multi-story Apartments of 37 feet we're
45 feet at the tallest and the only
reason we're 45 feet is because we've
got those towers as you see on this
exhibit to add from some variety and I
appreciated councilman September's
addressing the staff they have made the
findings of fact that they have to make
and they one of their findings of fact
is that we comply with all the ordinance
requirements and all the design
requirements that your ordinance
mandates for a project of this nature
um
now uh we have also listened carefully
and I'm going to show this in a minute
staff showed it and I'm going to
because I want to dwell on it a little
bit but we were told that the orange
color was not particularly attractive we
heard that so we've eliminated all the
orange color that was the only criticism
of the majority of the design review
board we've eliminated that and replaced
it with more moderate and neutral colors
now the proper items that should be
discussed are materials colors and
Landscape
I do want to make a slight diversion and
talk about setbacks
they can't be they're not part of the
design review
but I do want you to point out because
it vindicates the quality of our project
we are Far and Away exceeding Your
Design setbacks or required setbacks in
your ordinance the front set back is to
be 25 feet we're 265 feet
the required side yard setback is to be
75 feet we're 135 to 160 the rear yard
set back is to be 75 feet we're 109. so
we're providing a much greater distance
on setback because I have the next slide
please
sorry
okay
there's a clicker on the podium oh okay
I can't chew gum and walk at the same
time
I have my own Vanna White here tonight
to help me with this presentation so you
want to skip up to
uh let's go to the exhibit
on page four
all right now the things we should be
talking about are
materials colors and Landscaping let me
talk about them because we qualify
in every respect first of all the
materials
as the material Boards show there is
substantial use of stone neutral stalker
stucco we took the use of the orange and
replaced it with neutral tones and we
have four-sided architecture
colors next slide as you can see
the new colors have a neutral tone and I
think that is very well demonstrated you
can't say that that is not a handsome
looking Hotel it clearly is meets all
your requirements the updated rendering
shows how the paint colors and types of
materials will come to life on this
building next slide
the planning staff showed you this slide
let me show you the difference between
again because I want to emphasize it
there's the first submittal with the
orange here's the second submittal we
did what we were asked to do we
submitted those the requirement of your
design review board was to work with
your staff we submitted these colors and
we're here now after they've had a
chance to review them with their strong
recommendation
of approval
um
next slide is the colors
I was real surprised to say that we
weren't matching the colors here are the
two buildings on our site at the bottom
of the slide Chase Bank
and AutoZone
then you have our colors we have matched
the colors of the two other buildings
that are on our site which is what we're
required to do and as a specific
requirement of your design review
package next slide Landscaping here
again I don't want to Regal you with all
these statistics but I'll just make a
quick Point here the town requires 15
percent of the site be landscaped
we landscape 36 percent
so again I'm underscoring the quality
and the type of thing that you should be
looking at as you review this case so in
closing basically
the updates have taken into account what
the design review board asks us to do
we're here with staff recommendation and
the staff acknowledgment that we meet
all the requirements and that we exceed
many of the Town requirements I again
I'm going to avoid the serious
temptation of talking about
all the bad things that were said about
this hotel
we this hotel is a how many million
dollar
15. this is a 15 million dollar hotel to
say it's low quality misses the mark it
isn't it clearly isn't lastly I'll just
point out there was concern about
traffic we submitted a traffic report
and the traffic report out
read you the basic conclusion of our
traffic report which was submitted and
it says in conclusion the additional
traffic generated by the proposed wood
spring Suites development is anticipated
quote to result in minimal traffic
related impacts
so we meet your standards we've done
what we were asked to do and we ask that
you approve and uphold the
recommendation of your design review
board
my team and myself will be very pleased
to answer any further questions that you
might have thank you Mr Gilbert any
questions for Mr Gilbert at this time
we will have you back up after public
testimony okay thank you Paul
my pleasure
next up we will move to public testimony
vice mayor
yes we have quite a few people who
filled out cards but don't wish to speak
um
should I read these ones into the record
yes okay so before we go to our speakers
we'll just read these ones in um Deanna
Christensen opposed Melissa cowardin
opposed Brian cowardin opposed Jeff
lichter opposed
Lori Young opposed
Stephen uh lasiki opposed Jennifer hakes
uh didn't mark this against Extended
Stay
Lynn Albright opposed
Crystal leader opposed
Karen Kempton opposed
Carly sluter opposed
Rhonda Sullivan opposed
Pamela ingermanson opposed
uh Igor ingermis
ingermanson opposed
Harlan Sullivan opposed mayor Leah
Kingsley opposed Cindy Carlson
um can Divine from the comment it didn't
mark but uh Divine from the comments
opposed
Paul jimbakis opposed
cachembakis opposed
Denise Adams
four
oh okay I'm sorry uh yeah for the appeal
against the hotel
uh Brent Adams okay so sorry I think
everybody who's marked a post are four
um
we have some I think they're all making
the same comments but that some of them
are marked four and some of them are
marked against so I'm reading them if
you marked the box I'm reading that
um and then hopefully I'm not uh
misapplying what your intention was
Brent Adams for the appeal against the
hotel
um Ashley Beale
against
Jordan cowitz against please vote not to
build the wood Springs okay
uh Terry Natty opposed
Dan Brower opposed Kimberly Adams for
the appeal
Daniel Adams for the appeal
Matthew Webster opposed Jacob Turner
opposed
and then we'll go to our speakers there
are also 185 online comments received I
believe they were all
of the same position a post
so we'll we'll start with Jody Turner
and next we'll have Scott Cook
and then Mike Lee
and there's former speakers after that
foreign
just give us your name when you get to
the podium please thank you
my name is Jody Turner I've been a power
ranch resident for over 20 years and
it's been really exciting moving there
with nothing around us originally and
it's been neat seeing so much growth
happen and then my husband and I went to
the Chase Bank which is on the corner
and then we saw the sign for this wood
spring hotel to come
and it's an odd spot there's apartments
behind it's not not on the corner it's
kind of in the middle
and when we looked at it we thought why
would they put a hotel so of course I
did some research finding out this is
going to be an extended stay well
nothing
positive in my eyes comes out of an
Extended Stay I have seen so many
beautiful hotels in Gilbert and I
question why this was even going to be
built right there
and working in healthcare being a first
responder I have taken care of patients
over the years that have come in from
Extended stays with prostitution drugs
drug overdoses gunshots and I thought
why is this coming to my neighborhood
and it brought a concern to me there's a
lot of residential over there it's not
in a area where there's a bunch of other
hotels and restaurants and I'm just
concerned and I obviously you see the
community is concerned from all the
opposed pose people that don't want it
either so I I'm just really hoping that
you hear all of us that live in the area
and we love to see new things happen but
this is an odd spot and it just doesn't
fit our community
the town of Gilbert has put so many
beautiful things in our town and I would
think that you guys would approve
something at a higher standard in the
area because I would love to see more
growth and I know more growth will
happen but to put an Extended Stay is
very concerning for the clientele that
it's going to bring to our area with
especially so much residential so many
schools around there and there's a lot
of children and I fear that having
different clientele to the area is going
to impact all our kids
and and the crime around it as well
so thank you for listening to me and
happy holidays to all of you
and not to interrupt Scott but after you
we have Mike and then after Mike we'll
have Debbie Lee and then Ken Stanley
and then Jeff Joyner and then Mario
Chicos
thank you
um I think as you can tell so Scott Cook
power ranch resident
um I think you could tell by the groan
of the audience that they did not reach
out to the community to get our input or
anything along those lines
um in respect to the applicants
Representatives comments about this not
being a design issue it is a design
issue they've skirted the issue of by
four inches if they're going to do it by
four inches what else are they going to
try to get away with
and this is our opportunity to take
their pushing of boundaries to put a
stop to them building what they
shouldn't build in our type of community
as a 20-year near 20-year real estate
professional I can attest that this will
affect the values of homes not only in
the power ranch neighborhood but the
area many of those families are barely
holding on financially and this could
put a stop to their earnings it could
put us put a stop to their financial
well-being
it affects them it does not affect the
proposed business
is something that will also benefit no
one in the neighborhood nor our
community nor the town of Gilbert it
will benefit an outside investor to
service namely non-gilbert residents at
our expense and their financial benefit
I spoke at the senior economic Economist
at Elliott deep Pollock and companies
I'm sure you're familiar with that names
it's the main Economist company in the
valley he stated that it would
negatively impact both businesses and
housing within a half a mile to
three-quarter miles
this is our chance to stand up for the
town of Gilbert in the face of its
unwanted business yes over a design
issue
there is no Community need for this
building it is simply a financial
opportunity for a non-gilbert resident
on whom I am quite confident has never
built an extended state residence
anywhere near one of their personal
residences thank you
thank you
peace
I'm sure he's going to be much more
articulate than I would than I will be
so Mike Lee power ranch resident as well
um you gotta love to see all the
Scottsdale money flooding Gilbert with
all these developments
I wonder if uh some of these same types
of high density housing projects and uh
these types of hotels are being built in
Scottsdale next to their homes because
they're being built next to ours I'm
opposed to the wood Springs hotel at
this location it's a low budget hotel
long-term Stay Hotel must be bad
business for Gilbert and terrible for
the surrounding community
hotels like these are not patronized by
your typical business traveler I'm your
typical business traveler I travel three
weeks without a month selling uh
uniforms for First Responders
I've never heard of this hotel doesn't
mean anything but I just haven't heard
it and I haven't heard of it and I
haven't stayed at it
um
the apartments directly behind these
proposed this proposed Hotel were
Section 8 housing at one point in time
they had the dubious distinction
according to my friends at Gilbert PD
that uh they had the number one uh calls
of all of Gilbert there right behind
this uh proposed wood Springs Hotel
um
let's not repeat the past and allow this
type of hotel in a residential area just
two miles away at Val Vista and Tremaine
they were worried about how a
drive-through restaurant would look uh
when people drove into
drove into Gilbert that was uh when I
went to a Planning Commission that was a
big topic we didn't want it to look a
certain way so I can't even imagine what
an all-cash Hotel will bring or make our
Gilbert look like
um
we do not need a multi-family high
density high density establishment here
in the guise of a hotel I'm going to
agree I'm going to agree with the
Scottsdale gentleman or North Phoenix
gentleman that said that there won't be
a lot of car traffic but we will see a
lot of shopping cart traffic here thank
you Mary mayor and city council
foreign
hello my name is uh Debbie Lee and I am
a power ranch resident as well
um we moved to Power Ranch in 2003
and I'm opposed to this four-story Motel
as well I think you know that's one of
the biggest things is that it is four
stories high
we are a homeowner and we are pretty
much right behind that proposed motel
that would be going in
and this is a residential area it is a
very odd place for a motel
very odd place when we first saw the
sign went up there was a phone number on
there and I believe the lady's name was
Kristen Devine and I did call the phone
number repeatedly and it was just a
continual voicemail so I wasn't able to
express my opinion at that point there
she apparently she was on maternity
leave but had come back and forgot to
change her voicemail
um the traffic there will be horrific
and the crime as well
um I've worked in the banking industry
for 15 years and I know from experience
which banks and which bank robbers where
they choose to rob a bank
and with a place with a hotel right
behind a bank that is a potential high
crime bank robbery area
so I know this is a planning committee
meeting we also have to think of things
like that being a four-story building
and being so close to a bank with it
literally in the parking lot
um so I hope that you will reconsider
this and thank you
good evening mayor council members my
name is Jeff Joyner I live at 3863 East
Claxton Avenue I lived at my home
Empower Ranch since 2007. I absolutely
love Gilbert in this community I'm for
growth in the community but it has to be
the right fit
I strongly believe that an extended stay
hotel this size is not the right choice
for a neighborhood corner
over 98 of the people that I've spoken
with are opposed to this hotel and as
you've heard through all the comments
um
this is a low crime peaceful
family-oriented neighborhood this hotel
does not fit at this location the
proposed Hotel would be better suited
closer to Mesa Gateway airport or the
202 which is a more commercialized and
industrialized area
again the location of power and Germain
Road sits between two neighborhoods
power ranch and Cortina we urge members
of this Council and our community to
reconsider not allowing such a low
Quality Hotel
of this size to be built at this
location earlier this evening council
members who stated that
this Council only accepts high quality
projects this does not meet the
council's highest qualities
Mr Gilbert spoke earlier that he doesn't
or Mr Gilbert spoke earlier
but in my opinion he doesn't have to
live next to this hotel he's going to
live at his Scottsdale residence
and then he's paid to speak on behalf of
the owners not necessarily our community
with that I thank you for your time and
happy holidays
thank you mayor Peterson council members
Chris Payne appreciate you reading
what's at issue here as well as
presenting the options that the council
has while I completely understand that
we're not talking about a zoning
conversation we have the same concerns
we are talking about a design review
concern
appreciate your comments councilman
Anderson uh and your history I speak to
you as a two-year town of Gilbert
servant on the public facilities
Municipal property Corporation board a
15-year resident an eight-year power
rank resident Masters level design work
commercial and residential design under
my belt and a 23-year veteran of the
real estate industry commercial and
residential I'm a single father of three
young girls and I live perhaps three
blocks in a semi-custom home from this
proposed location
um
uh councilman Anderson you know the
folks from Modera and Mill Creek could
not have Illustrated a design concern
more
eloquently
how they've involved themselves with the
neighborhood
how they've gone through review after
re-review after review how they have
revised their plan and simply the
graphics it does not take a design
trained eye to see the difference
between what's being proposed at Modera
and what's being proposed here wildly
different not up to town standards in my
opinion uh and so while I am not aware
of who the dissenters are
um I would or were rather in November I
would also suggest safety concerns I
know that traffic has been presented
however this is a border power Power
Road is a border of Queen Creek and uh
Tom Gilbert Queen Creek has proposed on
the acreage just south of Home Depot
270 apartment building uh unit apartment
building additional congestion at the
busiest intersection in town of Gilbert
and that was 2019 busy Queen Creek has
not kept up and while Queen Creek is not
our concern quick the safety concerns
that Queen Creek has not kept up with
their infrastructure and their roads
make that over either Rittenhouse or
Germain over to Rittenhouse high traffic
there's been at least one fatality in
the recent and unfortunately was a
friend of mine in the recent past within
within a year and so as you can tell um
thank you for reading the opposition
significant opposition
that exists uh because this these groups
of individuals have not attempted to
interact with any residents there are
you know
multi-million dollar homes within this
service area and I would also add
there's already a problematic Section 8
uh I'll say tenement apartment building
that would butt up to this property so
while it's only 37 Feet Tall it is
public housing and section 8. long-term
stay low quality while a zoning issue
will present further problems in
addition to design concerns and safety
concerns what was your name for the
record oh I am so sorry my name is Ken
Starks thank you thank you
hello again Mario chicas power ranch
right next to this deal here
um yeah so it's an interesting location
um
at the the planning meeting one of the
guys that's for this said that kids
would actually come and hang out in the
corridor there
it's such a nice place
let me take you back to my former life I
was a Drug Enforcement Administration
agent and I made a call to a guy and
we were going to meet and I was in in
undercover they used to call capacity
back in the day
and we met in a landscape just like the
one that looked in the building this is
Mr Gilbert wants to talk about landscape
let's talk about landscape
they like to meet in these places
because
who would ever want to do a drug deal or
money laundering in a place like Gilbert
surely the cops are swarming all over
the landscape there looking for meth
dealers drug dealers money laundering
anything like that
I can tell you from experience that's
exactly what we look like that's exactly
what we look for matter of fact we look
for this landscape because
Crooks feel comfortable in places like
this so
not to mention that there's landscape
nearby where kids play in parks there's
easy access to freeways you know
semi-quickly
you can get away pretty fast into Santan
so let's talk about materials since Mr
Gilbert wants to talk about materials I
want to be consistent materials colors
and Landscape is what he said right
so the type of materials that are
going to be interacting with the brown
colors of this landscape are white
also called powder
also called Coke also called meth
because in an Extended Stay people cook
in these kitchens
but they don't cook food
right
so we're talking about materials also
black in nature guns
let's talk about colors
all types of different colors of
vehicles are going to come through here
there's a school right down the street
Power Ranch
my kids play in all these parks
several of my neighbors here's kids are
there
so with 45 seconds left
I know that there's only so much that
can be done because law is Law and I
understand I'll be the first to uphold
it I think all of you know that by now
but you know what would look really nice
around this landscape Mr Gilbert is a
wall
maybe a gated
I don't know Iron gated
walk to protect people
I don't know a gated fence
maybe hire some security since
our guilder security is going to be here
there's like 16 Gilbert PD here some
more hired outside
it's awesome
we just asked him to be heard to
consider what's really coming here and
he doesn't have to worry about that
because he doesn't live here
thank you
[Applause]
foreign
that's all the public comment that we
have
for the evening for this topic I will
ask the applicant to come down next to
respond
it's a different order when it's an
appellant situation
I did Mr Gilbert you're the applicant
sorry thank you last I checked Miss Joni
she's not used to the process so okay
and I have to even check my notes
tonight because this is different for us
I really feel like I'm facing a Hobson's
choice here
90
8 of the comments went to the use
now
I can easily take those objections on
the use and go through them and I'm
prepared to do that because I think I
can empirically and convincingly
demonstrate that those comments don't
apply to this hotel chain and to this
use
but it is not part of what we're here to
talk about
so I'm going to go through them but very
quickly
all right good Mr Gilbert if there's no
need to do it then I won't do it we know
that we can't address them okay fine
then let me just at least comment on
three quick things by way of revital
because my poor client sitting here just
in pain when he's talked about low
budget low quality
um
a couple of quick comments on that first
of all we have a a similar hotel in
Chandler not too far from here
the average stay for those nights are
164 165 160
164 dollars that's clearly not a low
budget low Quality Hotel
secondly we don't accept cash at all
they talk about cash transactions you
can't stay at our hotel unless you have
a credit card and a valid driver's
license and we can run a check on you
next the comment was made that the hotel
is right behind where I live
that graphic that's up that shows the
photo context map please look at it what
surrounds our hotel
three-story apartment buildings 37 feet
high
next we've been told and this is a
design review criteria that we exceeded
by four inches the height that we were
otherwise allowed that's not true we
already indicated to you that staff
report says we meet all the requirements
which we do have given you findings of
fact that says that but we're allowed
those extra four inches because of the
slope roof so we comply 100 percent
punctiliously with all of your
requirements
um
I also need to comment just briefly on
not reaching out to the community guilty
but did I try yes
the only
the only person
whose
ability I had to contact was the person
that filed the appeal
we sent her three emails saying we would
like to meet and discuss with you what
your concerns were no response then we
call the planning staff and they
correctly said we can't give out the
phone number unless the person that
filed the appeal gives us permission to
do so so that's really an unfair
characterization of this case
the bottom line in again is we meet all
your criteria there's Express findings
of fact your staff has made every one of
them we comply 100 percent with all your
requirements and therefore there is a
very strong case here before you tonight
to uphold the decision of your design
review board and your planning staff
thank you Mr Gilbert any questions for
Paul at this time
seeing none thank you very much
it was my pleasure thank you next I will
ask staff
to respond to anything that they might
have Kristen it's up to you if you wish
to answer any questions or comment on
any concerns
and I'm going to apologize because you
know my aide's name is Kirsten and I get
the Kristen Kirsten thing mixed up all
the time so just FYI
if it's in the vicinity it's okay okay
she's like that too yeah
um mayor council members I just wanted
to kind of reiterate just one more thing
that Mr Gilbert kind of touched on a
little bit
um the extra four inches is to the top
of the ridge on those sloped caps and
per Lane development code definitions we
measure Heights to the midpoint of
anything pitched which is why they're
permitted that extra four inches
thank you for answering that question
any other questions first off no you're
good Kristen thank you you can go sit
down and now the appellant Joanie
can come on down it's your turn again
and you can comment on anything that you
heard you wanna or anything you want to
share with us
thank you Council
um members I appreciate your time I do
feel a lot better now I'm not so upset
emotionally
um this picture from my slideshow was
kind of a joke because that's not what
kind of Hotel this is and I'm not going
to dress Mr Gilbert because I'm not here
for him I'm here to talk to you guys so
I'm not going to explain to him why
that's there
to me a Land Development coat is a Land
Development code for a reason correct we
have we have criteria they exceeded that
regardless of whatever point is on each
end it's four inches over and that's a
problem they did not follow through the
Land Development code it's a maximum of
45 feet I don't care if it's the end cap
I don't care if it's that they still
exceeded it and they continue to make it
as if it's not a big deal the problem is
it is a big deal okay I don't know how
it was allowed because it's an end cap
where does this extra allowance come
from why does that continue to keep
being that it's okay to do that it's not
okay the the rules will sit there for a
reason not for us to continue to mess
them up nobody's here to dispute
anything other than it is too tall for
that area I did state that in the
beginning and the colors the colors were
resubmitted to me by Kristen Devon who's
been a great help in any questions that
I've had regarding this but it the
elevation is a problem I don't I
understand that they allowed it it was
was never mentioned I found it in the in
the um
in the elevation myself
because it was never addressed upon and
I do apologize for some of my pictures
in here I'm not professional at this if
you will go to
um you were probably given this already
um on this slide to the right well on
the left side it states it's 45 feet 45
feet no more no no more does it have to
be that tall no it doesn't we don't have
to allow them to have that much but
they've already went over that
regardless of how many trees they've
added whatever little Dibble dabbles
they've added to it that's great however
they have steel pushed that Land
Development code and on the right side
you'll see I don't know do y'all see the
can y'all see this so on the right side
of it it's it's there in black and white
that it's 45 feet in four inches so I
didn't make that up the comments that
was made in regards to the other
comments that I made in regards to this
hotel it was all it's all on Google I
didn't make this up and it is in this
slideshow that I presented to miss
Kristen um it's not something I made up
these aren't my personal opinions it was
just to let you understand what we are
so dealing with because again they
failed us the planning department they
failed us they did not stick to that LDC
that they're supposed to abide by I
don't care what what he said about the
four inches or whatever it is a big deal
because they have pushed the limit
that's what I'm asking you please
decline this
the elevation is an issue and that's why
I filed this this appeal process the
colors were horrible there was nothing
set in stone that night although one of
the committee members did mention that
it should be changed uh Miss Leslie and
so I did want to follow through that
that color was was changed and again the
elevation is just too tall I appreciate
you guys this time today as we come out
to express our concerns about what's
going on but again there is an issue
with the elevation
um thank you for your time thank you for
all the work that you put in to our
community we appreciate you and
everything that you've done
um
that's all I have for right now
um and I could go on but I don't want to
keep taking up more time as to what I
feel about it personally but there is
there an issue issue with the elevation
um as far as Mr Gilbert goes just want
to say um
would he have reached out the community
if there was an appeal no there was
never any of that done
um so who who did he try to reach out to
after the appeal besides myself anyone
no nor did he get on a public forum as
well he didn't get on anything there was
nothing put on there about hey can you
reach out to us we want to see what we
can do for the public there was none of
that done there are all kinds of ways to
reach people in the area I mean internet
is a huge huge item to be able to to
reach out to others that was never done
never I'm I um take care of the power
ranch friends and I have for over 10
years I'm the only admin for that and
for over 10 years there's been so many
things that come that has come to focus
but never once has anybody from his firm
or his his Builder his owners none of
that has ever came to fruition on our
sites at all so just want you to be
aware there were ways he could have
contacted individuals but for him to
have my home phone Kristen had discussed
with me because I'm a private individual
and not a business that it was not okay
for him to have my phone if phone number
if I didn't want it and I did decline
her to give that out because I am an
individual I don't have any other
protection than what I'm what I have at
home so I didn't feel that was relevant
for him to contact me personally anyway
thank you for your time today I don't
want to keep drawing it out
um thank you for listening and your time
today and your patience says I'm not
real sure of the process thank you again
and have a good evening thank you thanks
Joni you did it great
[Applause]
thank you
you did a great job Joanie you should be
proud of yourself for your first time
coming to speak at a council meeting I
know it's not easy I always say anybody
that wants to sit here should have to
stand there first because I know how
intimidating it can be so we're we're
done with public testimony
we've submitted all of our cards
I'm sorry it's not at this time you
needed to be here by a certain time to
fill out those cards and we have heard
all of the comments from the residents
the comments were all very similar from
the residents we hear what your concerns
are we understand what the concerns are
we are very limited to what we can
address this evening and as you heard
from our town attorney that is the
design the colors the elevation and I
and I hear
um sorry there there you are
um I hear um Joni your concerns about
the 45 feet and four inches but as
someone that has sat on this diocese for
a few years and been a planning
commissioner for 14 years four inches is
not going to make a difference in my in
my opinion I don't know how the rest of
my council members feel but when I look
at something like that and it's within
the 45-foot range it hasn't gone to 46
it hasn't gone to 47 it's within the 40
five foot range I'm not going to look at
that as something that I would address
we were able to get we're not going to
take comments from the audience we're
we're not doing that this evening we are
going to close the public hearing and
bring it back to the diocese and have a
discussion at this point but I just
wanted to make some comments to Joni
um
any comments councilmember Kapowski and
mayor can I just clarify so we had
talked about the different options I
just want to remind Council so you're
all aware of what the options are
motion could be to uphold which means to
uphold the planning commissions designer
view approval one could be to modify
their decision based on the colors or
the elevation uh one the other one would
be reverse which is the same thing as
deny and that means the applicant would
have to start back over file a new
design review application and start the
process over and then the final thing
would be to remand as I mentioned
earlier which means it would go back to
the Planning Commission for
reconsideration so those are the four
options
thank you Chris appreciate that um I've
closed the public hearing back to the
council I think councilmember Kapowski
sure I had a question that staff
answered and I think that that clarified
the height issue for the elevation in
regards to the measurement of the
building based on the midpoint or
average of that slope that was the main
question that I wanted to get answered
and then in regards to the coloring the
new neutral colors matching some of the
neighboring buildings
seems to meet
our expectations
thank you councilmember vice mayor did
you have a comment just had a question
for Chris so
um there was a lot of discussion on both
sides about building materials but
that's not is that not a part of the
scope because the only things that were
appealed were the elevations in the
color that's correct that was the scope
of the appeal
great Point vice mayor any comments over
here council member telkey
thank you mayor um Chris I'm going to
ask you this question because I know
this is a little out of the scope of
what we're talking about
um is there a possibility that
whether it's done now or later that
we request that our Police Department
meets with the the owner and the
neighbors to establish some type of a
safety
protocol or just ideas like that
um
I didn't know if we could do that during
this process or tell me when I can do
that
I was looking for chief Solberg to talk
to him about that but it's
not a requirement that could be had but
it could be a request that you make to
the developer and ask them to do so and
you know to get ahead of these things as
a project if it does get approved and
does move forward okay if it's okay
chief I would like to just discuss that
because I think it would be very
important that
um
we have had some concerns in other areas
whether of our community and perhaps we
could get ahead of this with the
neighbors and the cooperation of the um
the owner as well yes uh mayor and
council member uh Toki I'm not aware
that we have met with either side on
this project but that's something we can
obviously do I think it was mentioned in
this but I've kind of lost track of
which project it was the crime
prevention through environmental design
um we can take a look at that we can
make some recommendations
so we can get as involved as directed by
Council thank you I understand that
can't be part of a motion but I I would
like to recommend yeah and we're always
available through our crime prevention
and I think um Brennan Ray mentioned
that on the Higley Ray
um project when councilmember Anderson
asked the question but I also want to
point out that this project happens to
be within the power ranch pad and so
maybe the owners of the hotel are the
managers of the hotel could be part of
the power ranch pow wow I mean I've
attended that I know councilmember tolki
has attended that just to make sure that
they're staying up to date those are
just suggestions that are off the top of
my head and I know that's not in your
control Chief correct even though you're
standing there and bounced your way down
here so thank you appreciate it
um another questions with Chief since
he's standing there
oh thank you Chief thank you
councilmember Anderson did you have
something I see your mic on
um
I want to make sure we don't stray too
far from the guidance we've been given
we've been given the guidance to address
colors which I heard very little
discussion of by anybody else that came
up to testify
and we heard an explanation about the
elevation and those that's the scope of
what we're
tasked to to address
I understand the the concern about the
use
um however you do I hope you all believe
as much in property rights as we all the
rest of us do
um
it's been zoned for a very long time
and this use is an appropriate use in
the zone and I'm not I'm not going to
stray any farther than that
thank you councilmember Anderson any
other comments from anyone
that's right our scope is very limited
to the elevation into the colors and we
have discussed both of those we cannot
discuss the use I hear your concerns but
the use is allowed by law we can't stray
from that by law we can't stray from
that and that was the situation with the
Planning Commission also and their
determination and that is our our scope
this evening
so would anyone like to make a motion to
that mayor sure might in every
um
in every packet that we we get on items
of
um cases such as this they outline a
provision on 207 which was voter
approved I don't remember the the year
but
um it is kind of also a warning for
policy makers on doing things that would
be would violate that proposition and
they call it a diminution of of value so
if there is something that is by right
um developable then things that we
venture outside of our scope then
violate those rights and then there's
cause of action for the town for
literally creating a diminution of their
value
I'm a little I guess maybe a little
frustrated by the constraints of where
we where where we're at but
I think Mr Torgeson said it well earlier
that um you know planning is is a
construct and this is good planning bad
planning we see the consequences of it
as a community and we live with them
um sometimes with great umbrage so I
will say that I think the you know Joni
did a great job tonight and
um there's some you know
I unders it's very hard to do what you
do when you when you're not a
professional at it I thought you did a
very good job and you represent your
community very well
um there's there might be some notes
that even you know are the paid
Professionals of the room can take from
that so
um appreciate you taking your having
composure and representing the community
well and I think even if it's a
frustrating outcome for people because
of the constraints the dialogue was
still of value because you know as
Council woman Toki brought up there are
other areas that
um you know maybe this will spur
dialogue and and I hope actions uh by
both parties uh continue to work
together because if this is the
situation going forward we want it to be
the best for the residents and the
people who live here
um had a great respect
for those individuals who live in our
community so
that's all I have to say
thank you vice mayor yes and I and I
know it's frustrating and I'm sorry for
that I know that you are limited into
your uphelmed up appeal to the town was
very limited to what you could appeal we
are limited to what we can decide and it
is by law that we are limited and so I
know that that's very frustrating to all
of you it's frustrating to us
too but there isn't anything by law that
we can do about it
45 was so different I'm sorry 45 is
completely different designer Duty color
palette design and appeal sir sir
would someone like to attempt emotion
does anyone need a list of the um
options or
I don't I haven't heard anyone making
any modifications so if you want me to
just make a motion I will go ahead
can I just ask a question the colors
that they presented do we have to
include that in the motion since it
wasn't part of the original
planning
yeah that was my question about
remanding to back to the to drb or
planning was
I guess that yeah
I thought that was it still orange at
planning and that now it's beige yes I
just want to make sure and if that's
what we have to say yes
oh okay
okay I think you can say by what was
submitted this evening to council mayor
council member tilkey there was a
stipulation that was placed on the
planning commission's approval that the
orange color would be changed and that
it would be approved by staff
and so that color has been changed and
brought to us tonight as part of the
appeal too so
um okay I'm just going to move to
approve the
um
decision of the Planning Commission
decision of the uphold yeah it says
approve on here but it's uphold that not
approved um
my
pulled the decision of the Planning
Commission
do I have a second
second
motion by mayor Peterson seconded by
council member September all in favor
please say all in favor
any opposed
Council council member Hendricks has
dropped off the call a while ago
um motion passes six zero
next on our agenda
is item number 49 fees consider a motion
to direct a direct staff to publish a
notice of intent and be set the public
hearing date for February 21st 2023.
any discussion presentation or
would someone like to make a motion
it's a a matter of process to publish
the yeah
um motion to approve I'll second
and so that's for A and B to notice of
intent and then public the public
hearing date also thank you motion by
vice mayor second by council member
telkey all in favor
aye aye any opposed
motion passes
Council Administration consider
appointing a council code of ethics
subcommittee to explore policies for
revising and updating the current
console policy regarding code of ethics
including best practices for processing
and responding to ethics complaints
we would like to take this discussion
I'll do it mayor if you don't if you
don't mind
um at our Council Retreat we looked at
several items one of them was to look at
all Council policies in addition to the
ethics policy and it was decided that it
would well wasn't decided we had
consensus that it would be a good idea
to bring back a subcommittee of the
the council to take a look at that
policy and
um
make sure that it's written in a way
that is Meaningful and and useful
um
during that time
all of the council elect and council
members that were at The Retreat were
asked if they would like to serve on
that committee and at that time
Council member-elect Jim Torgeson myself
and Scott Anderson
agreed that they would serve on this
should the council want to to put this
into effect
didn't mean
I think so
can we have a motion to
um approve or do you want to form that
into a motion council member Tiffany is
it okay since I'm on it sure okay
um I'd like to make a motion that we um
have a ethics subcommittee made up of
three council members council member
elect Jim Torgeson Kathy tockey and
Scott Anderson
second I'm a motion by Kathy
councilmember tilkey second by vice
mayor
um all in favor
aye aye any opposed
motion passed 6-0 moving on to boards
commissions and committees any reports
from Council Liaisons on any of your
assignments
seeing none
um Communications from the town manager
thank you mayor members of the council I
want to start with on a somber note we
lost one of our employees in our Parks
and Recreation Department on December
11th Rick Mays he was a groundskeeper at
Cactus yards he's been with us since the
town took over the facility and he was
an integral part of the entire team that
helped us win Arizona Park of the year
three times in a row as well as National
Park of the year so we are are broken
for Rick's family and certainly Miss
Rick as as a co-worker on our team with
that I just want to take the opportunity
to thank our council members who will be
coming off the council councilman's got
September councilmember Amy entez and
council member Lauren Hendricks we
appreciate working with you over the
years we'll stay in contact with you it
is a big job and a tough job and I think
people realize that until you're in
office but we certainly appreciated
working with you and all your
contributions to our community as well
as our organization
I also just wanted to thank all of our
staff It's Been a Good Year it's been a
long year there's a lot of activity in
our community I think we all feel very
blessed even with the challenges that we
live in Gilbert we serve Gilbert we
truly have a very special place as we're
all aware and I think our very dedicated
employees are are certainly a big part
of that and we appreciate all their
efforts uh so
um
will not miss the Public Safety Training
Facility as the location for our Council
meetings our next council meeting will
be back in town hall that we've been out
of for a year and a half and I'm
grateful that we had this facility
grateful that we finally worked out the
audio bugs but we are very much looking
forward to getting back into town hall
and back in our council chambers look
forward to seeing everybody tomorrow at
our ribbon cutting thank you mayor
thanks Patrick any report from Council
on current events councilmember tilkey
thank you mayor I just wanted to take a
moment to personally thank Amy for the
time that we got to serve together I've
really enjoyed our conversations and the
work that we've done together so thank
you and thank you to your family of
course you've had a lot of changes since
you've been here and I I appreciate that
you kept going with all the little ones
running around
um also Scott September
it's been an honor serving with you
you're an honorable man and I appreciate
the time and effort that you've given us
and thank you to your wife and family
for that as well I know Lauren Hendricks
had to get off the phone but
um I I've really appreciated
the efforts that we've worked together
on and his perspective that he's brought
to the council and I didn't want tonight
to go by and we won't see you at that
well we'll see you briefly at the next
meeting but we might not have this
opportunity so um thank you for that
as we end our council meeting for the
end of the year and I'm kind of saying
everything Patrick said and probably the
mayor is going to say but I really
appreciate the staff and everything that
they've done to stick through some
really tough years and I know that the
new year is going to bring a lot of good
things for our community but their their
dedication is noteworthy and I just
wanted to say thank you
councilmember Anderson
ditto
um councilmember Kapowski anything
I would just Echo those same sediments
although we are getting our new council
member elect members it's been great
serving with you Scott you Amy and
councilmember Hendricks as well it's
I think that it's important that we have
the differing of opinions and different
backgrounds that really add so much
value to our Council so thank you so
much
vice mayor you want to go first
it'll be really quick I'm not overly
sentimental at all makes me very
uncomfortable how many fields are on
this table right now but but I but I
appreciate the sentiments and uh and it
really it's been it's been a pleasure
serving with everybody and and
considering you all very good
colleagues and I know I'll see you guys
around town Patrick probably at the wine
bar I know where you hang out
yeah
it's been an honor working with all of
you and
um you know early on recognizing that
it's okay to disagree with each other
and and the way we disagree with each
other was always very respectful and and
I appreciated that that we honored each
other's uh opinions and thoughts even
though they were different at times and
I did learn something from each of every
each and every one of you
um and I I said I think I might have
been quoted the newspaper when I was
appointed that I felt that Gilbert's
best days were uh were ahead of us and I
still feel that way I'm still excited
and optimistic about the future of
Gilbert with our new council member
elects coming in I'm excited to to watch
what unfolds next year for Gilbert and I
know it's going to be another
challenging year I'm sure but uh it'll
be nice that everybody will be in a
nicer newer sexier council chambers
thank you our new old home yeah um thank
you and obviously we we're saying
goodbye to you this evening but you're
not finished you're still in your roles
until January 10th and so I expect to
see you and run into you and get phone
calls from you or text messages from you
we had a funny thing happened today that
Monica and I were both trying to text
the vice mayor and for some reason our
text messages weren't going through and
I finally reached out to her husband
because I was concerned that we couldn't
reach her for hours and it's not like
her she always texts me back so
um so then finally she said she had to
restart her phone to get her text
messages but we do really even if we
disagree we still we still are concerned
about people's well-being and have the
opportunity I used to say step off the
dice but we've been in this room now for
a year and a half and um we are always
well there to say you know Merry
Christmas have a great weekend have nice
holidays help the kids are doing well
hope everyone's feeling okay because
that's how it should be we should be
able to disagree and just walk away and
that's what I've appreciated over the
years on the council I'm Scott September
you got to step into my seat when I had
to resign to run for mayor you and young
and Kathy all started and Lauren started
at a very difficult time in 2020 with
covid just starting and staff being sent
home you didn't have the same and I've
told you this personally that you didn't
have the same situation of coming in to
be a council member and it was very
different for all of you and I
appreciate the fact that you all had to
go through that and had a very different
experience than I did as I started as a
council member and when Amy started as
council member and when Scott Anderson
started it's been a very different
situation and now I feel like I I have
to thank the the crew here at the Public
Safety Training Facility I feel like to
where the relative that came to stay and
we stayed way too long so now we've been
we've overstayed our welcome by four or
five months Renee I hope it's okay I
still I still love you Renee
um and we get to go back to our sexy
console Chambers
um the new old the new Old Town Hall
that we'll have a ribbon cutting at
tomorrow afternoon so thank you all for
that and I just wanted to share a couple
of other things so we'll be back in the
public out of the Public Safety Training
Facility after this evening we start
back at our first meeting on January 10
2023 at 6 30 PM for an inauguration of
our incoming council members other great
things that are going on in our town I
want to um I want to give a shout out to
Tom Blodgett actually because I stole
this off of his social media
um
we have several football champions in
our midst here in the town of Gilbert
and I think it's worth mentioning
because somebody reached out to me and
asked if I could rename Gilbert the
football capital of Arizona I don't
think I have the authority to do that
but I can declare Gilbert the football
capital of Arizona right now and we're
very proud to say that schools in
Gilbert won the foray League that was
ala Gilbert the 5A League that was
Higley from the Higley Unified School
District the 6A League that was Highland
from Gilbert public schools and then
Basha who's literally astones though
across the street from Gilbert filled
with Gilbert students was the open
Division champion so that's pretty
impressive for the little town of
Gilbert to be recognized for and then I
have a photo that I think you're going
to show
foreign
December 7th on Pearl Harbor Day the
81st anniversary of Pearl Harbor day I
was in Rhode Island that's Quonset Point
General Dynamics electric boat for the
Keel laying for the USS Arizona
submarine and Nikki Stratton the ship's
sponsor there in the middle actually
welded her initials into that plate and
that plate will be affixed to a
prominent location in the submarine
which was really cool and it was an
amazing event to be part of and I just
wanted to let everyone know that
Gilbert's uh Gilbert's a part of things
going on around this world and a
submarine that is going to protect the
oceans around us for 45 years in the
future once it's finished being built so
thank you very much I hope every staff
I'm sorry I missed your big party at
Town Hall last Thursday I think I was
actually flying in the air coming home
from the East Coast it looked like a
blast thank you for all you do thank you
for the crazy year that we've all lived
through together and I look forward to
seeing you tomorrow at the ribbon
cutting and if I don't see you happy
holidays Merry Christmas Happy New Year
happy birthday council member September
it was uh November 28th and my birthday
was November 26th so we have some Bundt
Cakes to share yeah we're two days apart
mayor can you adjourn the meeting just
formally thank you forgot meeting
adjourned I guess I didn't want to close
out this month final meeting in the
public safety training facility
[Music]
yeah
I didn't see it out there