Council Subcommittee

MINUTES OF THE GILBERT COUNCIL SUBCOMMITTEE ON LAND DEVELOPMENT CODE, JANUARY 24, 2019, AT 7:00 A.M., ROOM 236, 90 EAST CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Chair Brigette Peterson and Councilmembers Eddie Cook and Jordan Ray COUNCIL ABSENT: None. STAFF PRESENT: Town Clerk Lisa Maxwell, Development Services Director Kyle Mieras, Interim Planning Manager Catherine Lorbeer, and Interim Principal Planner Amy Temes CALL TO ORDER Chair Peterson called the meeting to order at 7:06 a.m. AGENDA ITEMS 1. Approval of the minutes of the January 10, 2019 meeting. Clerk Maxwell noted a change in the title of Item 3 from Division 1 Article 1 to Division 2 Article 2. A MOTION was made by Chair Peterson, seconded by Councilmember Ray, to approve the minutes of the January 10, 2019 meeting. Motion carried 3-0. 2. Review of previous discussions. None. 3. Review and Discussion of Land Development Code Division 2 Article 2.1. 2.106D.3.b Secondary dwellings: Interim Principal Planner Temes said this section prevents a person with a one-story house from adding living quarters over their garage if it would make the garage taller than the house. She would like to change the maximum height to be the district height limit for that neighborhood. 2.106C.4 Additional Standards: Councilmember Ray stated line e has the same issue as the section discussed above. He would like to see more flexibility for homeowners. One of the concerns is having guest quarters turn into rental property. Interim Planning Manager Lorbeer said relaxing this section would allow for affordable housing and it would bring extra income to help homeowners pay their mortgage. Councilmember Ray said he believes this would allow aging parents the opportunity to live with their children. Interim Principal Planner Temes said there are other restrictions such as guest quarters cannot be more than 50% the size of the primary dwelling. There is a case where the guest home was larger than the main home. Development Services Mieras said single family homes would become duplexes. The restrictions on lot coverage and building envelope size should prevent this from happening. Councilmember Ray said he would like to get rid of line c which prohibits ranges, ovens and built-in cooking facilities. He would also like to consider line d which deals with renting guest quarters. Some people may want to rent their guest quarters to their parents. Interim Principal Planner Temes said developers can get around paying impact fees by building a casita and then adding a stove later. 2.106.E Covered patio: Councilmember Cook said he finds forcing a builder to add a covered patio fascinating. Interim Principal Planner Temes thinks this section was added when subdivisions were first being built in Gilbert. Nicer homes were thought to be homes with patios. Now builders want to construct small patios so they can maximize their lot usage. Six feet is about the minimum size for chair and table on a patio. If the patio is not covered it is basically not useable in Arizona for much of the year. She thinks patios are now the norm in home construction. Councilmember Cook asked if builders would provide patios if the buyers want them. Chair Peterson said she believes if this section is removed builders will stop building patios or will start charging extra. Interim Planning Manager Lorbeer said a minimum patio size can be added like what is in the section on porches. Councilmember Cook said he thinks of safety when looking at the Land Development Code (LDC) and he does not know that porches or patios have any effect on that. Development Services Director Mieras said if a developer has plans without a patio and a buyer wants to add one the plans would have to go back through the review process. The home could be built and a patio added later. The homeowner should come in and get permit depending on how large the patio is and how it is built. Interim Principal Planner Temes said without minimum dimensions we may see smaller porches or patios as builders work to maximize the lot usage. 2.106.E Covered Patio and 2.106.F Porches: The subcommittee will look at removing these sections later. 2.106.G Access to Nonresidential Property: Interim Principal Planner Temes said she would like to move this section and group it with other like items in one area. This has been an issue in some cases. 2.106.H.2 Design Review Required: Interim Principal Planner Temes suggested changing this section to state approval required and removing the detailed process. Then a change in the process will not require a change in the LCD. 2.106.I Street Frontage Landscape: Interim Principal Planner Temes said this will be moved to the section regarding landscaping. 2.107.A.2.a Livestock: Councilmember Ray asked why a lot is limited to only one animal. Development Services Director Mieras said the problem with the LDC is there is no context regarding the surrounding community where animals are kept. In neighborhoods a Homeowners’ Association (HOA) would regulate this. 2.107.B Stables, Commercial: This will be moved out of the residential section of the LDC. 2.107.C Equestrian Arenas: There was discussion about a family owned arena. Interim Principal Planner Temes asked if the arena was for private or commercial use. Councilmember Ray asked if there were any restrictions on smells. Interim Principal Planner Temes suggested looking in the Town Code. There was discussion about this and it is more of a nuisance. Councilmember Ray left. 2.106.E Recreational Vehicle Storage on Residential Lots: Interim Principal Planner Temes said this section is confusing. In reading the section storage is really allowed anywhere on the lot. Chair Peterson said this is an HOA issue. Interim Principal Planner Temes said it is an issue in older neighborhoods with no HOA and she gave a specific example. Councilmember Cook said he does not want to impose any restriction, he would just like to clean up this section. Chair Peterson noted some people choose to live in a neighborhood without an HOA and this is one of the issues that could arise. Interim Principal Planner Temes said she will clean up this section. New Sections: 2.106.F Gated Entries: This section would deal with gates to a residence. The problem has been people sitting on an arterial street and blocking traffic while they waiting for the gate to their house to open. There was discussion about whether a gate may be in the Town’s easement and whether that would be allowed. Interim Principal Planner Temes said if the reviewer did not look at the plat when reviewing the plans they would not know if a gate was crossing an easement. Director Services Kyle Mieras said adding a standard set-back that was far enough back so a car could fit in the driveway while the gate was opening would solve the problem of cars sitting in the street and blocking traffic. 2.106.G Gated Subdivision: These are regulated in the General Plan and are only allowed when gated neighborhoods are not connected. Interim Principal Planner Temes said one developer wanted gates for every subdivision in the 300 acre area where they were building. It then becomes a problem because people cannot cut through neighborhoods and they have to go back to arterial streets and drive around the neighborhoods. Buses and safety vehicles cannot get through or they have to go through gates. Interim Planning Manager Lorbeer said people cannot walk or bike in their neighborhood. Interim Principal Planner Temes said staff has been showing developers the General Plan and telling them they cannot have gated communities. Development Services Director Mieras said there are some places were gates are appropriate. Councilmember Cook said he was open to adding this to the LDC. 4. Review and Discussion of Land Development Code Division 2 Article 2.2. Interim Principal Planner Temes said there are currently two proposed text amendments regarding multi-family housing. Table 2.204 Site Development Regulations – Multi-Family Residential Districts: The top three lines in the table are not helpful and need to be removed since those lines reflect how these buildings were built 15 to 20 years ago and they limit building flexibility. Councilmember Cook said having a minimum percentage of space for parking and green space and allowing builders to work out what they want in the space is better. 2.204.A Building Step-back: The purpose of this section is to ensure there are not tall buildings looming over neighboring houses. This section is more restrictive than it is in the regional commercial section. Interim Principal Planner Temes said staff would like to use the language from the regional commercial in this section. There was discussion about removing porches or windows on the side of the building facing houses. Councilmember Cook asked about windows placed high to let sunlight in. Interim Principal Planner Temes said restrictions are not be adding, what is in the LDC is being clarified. Chair Peterson likes being more flexible with clear language. Interim Principal Planner Temes said this only applies to buildings that are three stories and above. The additional 100 feet extra set–back can be used by the developer for parking. 2.204.B Private Open Space – Interim Principal Planner Temes said she has seen developers not wanting to add any balcony or patio. Interim Planning Manager Catherine Lorbeer said developments are denser and amenities are provided on the site. People still need their own space. Interim Principal Planner Temes said there is a section in the glossary showing how this is measured and that can be added here. Generally staff has advised against removing balconies and patios but it was allowed for a senior living facility where it was requested by neighbors and a compromise was worked out with the developer. There was discussion about whether there could be a compromise with the common space provided. Development Services Director Mieras said the balconies and patios add to the quality of life and the product built is a higher product. Interim Principal Planner Temes said the developer can request to have the area rezoned and it can be made a condition on their project. Councilmember Cook said he is fine leaving this section since there is the flexibility to rezone the property. Interim Principal Planner Temes will add clarifying language. The next meeting will be on February 7, 2019 at 7:00 a.m. ADJOURN Chair Peterson adjourned the meeting at 8:01 a.m. ATTEST: ___________________________ ___________________________________ Chair Brigette Peterson Lisa Maxwell, MMC, Town Clerk