Council Subcommittee

MINUTES OF THE GILBERT COUNCIL SUBCOMMITTEE ON LAND DEVELOPMENT CODE, MAY 29, 2019, AT 7:00 A.M., ROOM 236, 90 EAST CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Chair Brigette Peterson, Vice Mayor Eddie Cook and Councilmember Jordan Ray COUNCIL ABSENT: None STAFF PRESENT: Town Clerk Lisa Maxwell, Development Services Director Kyle Mieras, Planning Manager Eva Cutro, Senior Planner Amy Temes, Principal Planner Catherine Lorbeer, Inspections Supervisor Lorrie DeOrio, Development Engineer Manager Tom Condit, Assistant Town Attorney Nancy Davidson and Chief Innovation Officer Shaila Ittycheria CALL TO ORDER Chair Peterson called the meeting to order at 7:02 a.m. AGENDA ITEMS 1. Approval of the minutes of the May 29, 2019 meeting. A MOTION was made by Councilmember Ray, seconded by Vice Mayor Cook, to approve the minutes of the May 29, 2019 meeting. Motion carried 3-0. 2. Review of previous discussions. None 3. Review and Discussion of Land Development Code Division 4 Article 4.1. 4.109.G.3 Findings: Currently the majority of owners of property next to property with separation fence requirements must submit a notarized letter of approval to the Town. The Planning Commission may approval the proposed modifications. 4.109.G.3.d Compatible project: Remove this section. 4.109.G.3.e Approval of neighbors: Senior Planner Temes suggested provided notice to owners when raising a fence on neighboring property if the fence is in the set-back and not touching the property. It can be difficult to get all the needed notarized signatures. She wants to avoid having double walls. Vice Mayor Cook said he did not want to lose collaboration on these projects. There was discussion about what could happen if some owners agreed to a higher wall and some did not. Senior Planner Temes will write up something for review for this section. Vice Mayor Cook asked about the possibility of putting up something over the wall. Senior Planner Temes replied one developer put up a screen but not everyone liked it. something that screened and was within the laws. Inspections Supervisor DeOrio said another thing to consider is there could be an issue if there is a future owner who does not like the shorter wall. Councilmember Ray asked if there was a way to start getting the sections already covered out to stakeholders for review. There was discussion about the process and a schedule for moving forward. 4. Review and Discussion of Land Development Code Division 4 Article 4.2. 4.203 General Provisions: Senior Planner Temes said this section needs some clean – up 4.203.C Uses Not Mentioned: Senior Planner Temes said she would like to review with Assistant Town Attorney Davidson the Town’s liability of accepting study that are not from a licensed individual. 4.203.F Visitor Parking: Senior Planner Temes would like to incorporate this into the parking table found later in this Article. She suggested it may be time to have a specialist look at parking ratios and the parking table. With an increase in shared parking and shared rides the ratios may need to be adjusted. 4.402.I.3 Cross-easements: Senior Planner Temes would like to add easements for construction, access and /or maintenance to this section and future similar sections later in the Land Development Code (LDC). This change would allow for improved access to property. 4.402.N Separation from Buildings: There is some confusion over what constituted a raised walkway. Senior Planner Temes said it is referring to a curb. She would like to add a section 3 which would cover options when there is no curb such as the addition of bollards, reinforced light poles or raised planters which would be properly anchored. Chair Peterson said she likes the different creative options. 4.402.Q Parking Wheel Stops: Senior Planner Temes would like to add the statement “except as protected by state and/or federal law.” The Americans with Disabilities Act (ADA) allows for parking wheel stops. 4.402.S. Tandem Parking, Non-residential: In apartments with garages, they is room between the area allotted for fire trucks and the building. This space is large enough for vehicles to park and not block fire truck access. This space is not counted in the required spaces needed for multi-family housing, it is considered excess space. Senior Planner Temes said she would like to add this in the parking table. 4.402.W Commercial Vehicle Parking in Residential Districts: Inspections Supervisor DeOrio related a situation where a person had five commercial vehicles parked at their residence. They ran a pest control company and the trucks were wrapped with the company information. This section needs to be changed so it is clear what is meant by a commercial vehicle. Vice Mayor Cook said Homeowners Associations (HOA) need to be included in this discussion. Chair Peterson thought there may be a recent State law which would allow for parking on a street if the person driving the vehicle was on call. Assistant Town Attorney Davidson said she believes the law applies to public vehicles such as the police or power company. 4.402.X Additional Parking on Single Family Residential Lots: Senior Planner Temes would like to add this is permitted if the space is within a side building setback and the vehicle does not extend onto the neighboring property. The space should be at least three feet from the property line. Must be at least 3 feet from the property line. Inspections Supervisor DeOrio said the space should be measured from the exterior of the driveway closest to the property line. 4.402.X.2.a Surface: Senior Planner Temes would like to change the surface requirements to be a hardscape surface or compacted decomposed granite. 4.402.X.3 Motor Vehicle, Recreational Vehicle or Trailer: In an earlier section this was amended so recreational vehicles could park in front of a house with HOA rules superseding the LDC. Senior Planner Temes asked if the subcommittee members would like to go back and add the vehicle must be screened. Vice Mayor Cook asked about temporary parking. Principal Planner Lorbeer said a later section allows for a period of temporary parking for loading and unloading. The next meeting will be on July 16, 2019 at 7:00 a.m. in Municipal Center II, Room 100. ADJOURN Chair Peterson adjourned the meeting at 7:58 a.m. ATTEST: ___________________________ ___________________________________ Chair Brigette Peterson Lisa Maxwell, MMC, Town Clerk