Council Subcommittee

MINUTES OF THE GILBERT COUNCIL SUBCOMMITTEE ON LAND DEVELOPMENT CODE, NOVEMBER 7, 2019, AT 7:00 A.M., ROOM 100, 90 EAST CIVIC CENTER DRIVE, GILBERT, 24ARIZONA 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, Principal Planner Catherine Lorbeer, Senior Planner Amy Temes, and Inspections Supervisor Lorrie DeOrio CALL TO ORDER Chair Peterson called the meeting to order at 7:01 a.m. AGENDA ITEMS 1. Approval of the minutes of the October 15, 2019 meeting. A MOTION was made by Councilmember Ray, seconded by Vice Mayor Cook, to approve the minutes of the October 15, 2019 meeting. Motion carried 3-0. 2. Review of previous discussions. None. 3. Review and Discussion of Land Development Code Division 2, Article 2.9. None. 4. Review and Discussion of Land Development Code Division 6, Article 6.1. Senior Planner Temes noted it the odd there is a section on Use Regulations and a glossary. Mesa is the only other city with separate sections for each. Most other municipalities have one or the other but not both. Adult Bookstore - Senior Planner Temes said she would like to replace bookstore with retail and add novelties to list of items sold. Adult Show – There was discussion about how web-based performances would fit in this category. Also, someone asked about having a vending machine which dispensed adult novelties with no person working on-site at the machine. It was decided some management would need to be on-site. Vice Mayor Cook suggested looking at Phoenix’s codes to see how they deal with these types of businesses. Chair Peterson asked what the subcommittee members wanted to allow. The way something Is defined in the Land Development Code (LDC) now will determine what comes next in the Town. Inspections Supervisor DeOrio suggested combining theater and show into a category titled adult entertainment. Senior Planner Temes will work with Inspections Supervisor DeOrio and Assistant Town Attorney Nancy Davidson on how to word that section. Vice Mayor Cook noted there are gaming shops some of which include adult gaming. Chair Peterson said it is the same concept just a different use. Development Services Director Mieras said a lot of property owners will not lease to these types of businesses or it is in the lease that these businesses are prohibited. Animal Services – Senior Planner Temes said animal day-care does not fit in any of the listed categories. Either the existing categories need to be changed or a new category needs to be added. Animal day-care does not mean overnight boarding. The category for kennels could be changed to boarding to make that section clearer. Kennels are licensed through the State and they are not allowed in residential areas. Inspections Supervisor DeOrio asked about fostering animals in a home. This is not disallowed in the LDC. There is also no limit on the number of domestic animals (dogs, cats, etc) one person may keep. A shelter is a place where an animal is taken in and then adopted out. Inspections Supervisor DeOrio said the person asking about fostering is charging adoption fees. Chair Peterson said that is the same as a shelter. Senior Planner Temes said she is going to change the two of the section titles to small animal clinic/hospital and large animal clinic/hospital. Auction – Senior Planner Temes said this is not the same as a swap meet. She will add a definition to the auction, swap meet and farmer’s market sections. Banquet Facility – Senior Planner Temes is going to add this can include an area outside. Business services – Senior Planner Temes is going to add computers services to the list of provided services. Colleges, Public or Private – Senior Planner Temes would like to add dorms to this section. Principal Planner Lorbeer said that may be covered in the Town Code so it needs to be consistent if it is located there. Congregate Living Facility – Senior Planner Temes said there was one applicant who inquired about having some of the stores open to the public. The apartments were located upstairs and there was an exercise facility with trainers experienced in working with older people. The applicant was willing to provide parking in accordance with the LDC. Contractor’s yard – Senior Planner Temes said there have been requests for people with fenced-in yards to not have a building on-site. They want to operate out of their truck during business hours. Development Services Director Mieras said this is in the light or general industrial zoned areas Crop Raising, Non–Commercial – Senior Planner Temes asked about community gardens. There are some places where those could fit in the zoning areas. Chair Peterson noted these gardens are generally not feasible. Senior Planner Temes will add it in here. Day Care, Home Occupation and Residential – Inspections Supervisor DeOrio noted these facilities are licensed by the State. The Home Occupation section is covered by the section on Accessory Structures. Digital Production – Senior Planner Temes is going to also be a reference here that refers back to adult businesses. Food Trucks – Senior Planner Temes is going to add this section and cross-reference it to the Town Code. Entertainment, Indoor – Senior Planner Temes is going to change “the following uses are not” to “this classification excludes” so it will be more consistent. There was discussion about adding indoor shooting ranges, smashing, and axe throwing Food Preparation – Senior Planner Temes said the Small-Scale includes incidental on-site retail. Golf Courses – These can also fall under Homeowner Association (HOA) facilities. Guest Quarters -- Senior Planner Temes is going to remove guest quarters as they are covered in the accessory dwelling unit section. Health Care Facilities – Senior Planner Temes said there is nothing that covers out- patient surgery centers do not have provide for overnight stays. She is going to add them to Medical Offices/Clinics/Out-Patient Facilities. Health Resort/Spa – There was discussion about how day spas are the same as spas. Home occupation – There was discussion about invasive physical procedures/medical services are not occupations. This also does not include people going to a private resident for procedures or medical services. Planning Manager Cutro said this can include masseuses and aestheticians. Inspections Supervisor DeOrio noted mobile day spas are licensed by the state. There was discussion about creating a list of allowable businesses. These cannot have waiting rooms and there can be only one other staff person there. Chair Peterson said she would like staff to look at new trends and be open for businesses but to also protect neighbors. Manufacturing and Assembly – Senior Planner Temes questioned why artisan space could not be outdoors or partially outdoor. These facilities are in commercial zones so that is going to be added here to allow outdoor or partial outdoor spaces. Non-Traditional Business – There was discussion and about removing tattoo parlors. It was decided to leave it here. This will trigger the use permit process. Recreational Vehicle Storage, Residential Association - Senior Planner Temes is going to add this must be on an “improved” lot. This will mean it cannot be on a vacant lot. Residential Permanent - Senior Planner Temes is going to change secondary structures to accessory structures. Shooting Ranges – There was discussion about where this should be located. Storage, Personal Property – Senior Planner Temes would like to change the title of this section to Mini Storage. Tattoo – Senior Planner Temes will cross reference Day Spas for permanent makeup. Utilities – There was discussion about a private company working with one of the local utilities to provide a battery warehouse as back-up power for a substation. Assistant Town Attorney Davidson said the company providing the battery warehouse was acting as a quasi-public body and it fell under this section. Vice Mayor Cook asked about remote data centers. Development Services Director Mieras asked about charging stations for electric cars. Senior Planner Temes said that will be added to the parking section. Staff will have a consultant research parking in the Town. Open space – will be discussed later. The next meeting will be on November 19, 2019 at 7:00 a.m. in Municipal Center II, Room 236. ADJOURN Chair Peterson adjourned the meeting at 8:03 a.m.  ATTEST: ___________________________ ___________________________________ Chair Brigette Peterson Lisa Maxwell, MMC, Town Clerk