Council Subcommittee

MINUTES OF THE GILBERT COUNCIL SUBCOMMITTEE ON LAND DEVELOPMENT CODE, FEBRUARY 5, 2020, AT 7:00 A.M., ROOM 100, 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, Planning Manager Eva Cutro, Principal Planner Catherine Lorbeer, Senior Planner Amy Temes, Assistant Town Attorney Nancy Davidson, and Inspections Supervisor Lorrie DeOrio CALL TO ORDER Chair Peterson called the meeting to order at 7:03 a.m. AGENDA ITEMS 1. Approval of the minutes of the January 21, 2020 meeting. A MOTION was made by Councilmember Ray, seconded by Councilmember Cook, to approve the minutes of the January 21, 2020 meeting. Motion carried 3-0. 2. Review of previous discussions. None. 3. Review and Discussion of Land Development Code Division 2, Article 2.9. COMMERCIAL: Retail Sales and Services – Animal Services: Senior Planner Temes said she would like to add a line for Animal Daycare. She thinks Neighborhood Commercial (NC), Community Commercial (CC), Shopping Center (SC), General Commercial (GC) or Regional Commercial (RC) would be appropriate. The Gateway Village Center (GVC) and Gateway Business Center (GBC) could be problematic. She will look at the setbacks and add this back later if it would be appropriate here. Retail Sales and Services – Animal Services, Animal Grooming: Senior Planner Temes will make this permitted in GVC. Retail Sales and Services – Animal Services, Animal Shelter: Senior Planner Temes will change this to permitted in Manufacturing/Industrial (M/I). Retail Sales and Services – Animal Services, Kennel: There have not been any problems with any kennels that opened recently so Senior Planner Temes will not make any changes here. Animal Hospitals also offer overnight care as part in their facilities. Retail Sales and Services – Animal Services, Large Animal Hospitals: Most large animals are taken to these facilities for care. Senior Planner Temes suggested changing the use permit to permitted in RC and adding this to SC with a use permit. Retail Sales and Services – Animal Services, Small Animal Clinics: Senior Planner Temes is going to add this to GBC. Retail Sales and Services – Building Material and Home Improvement Sales and Service, Retail, Large-Scale: Senior Planner Temes will leave the use permit requirement in CC and SC. It is hoped something like a hardware store could move into an empty grocery store. It would also be possible for two smaller stores to spilt a larger space between them. Retail Sales and Services – Building Material and Home Improvement Sales and Service, Retail, Small-Scale: Senior Planner Temes is removed the use permit requirement from HVC. There was discussion about requirement a use permit for locations such as taverns, bars or other places with live music. Retail Sales and Services – Health Resort/Spa: Spa will be removed so the table will be consistent with the definition. Retail Sales and Services – Pawn shop: Senior Planner Temes will remove this from the HVC category. Retail Sales and Services – Personal Services: Inspections Supervisor DeOrio mentioned home occupation is not listed in this table. The L23 restriction states there are additional regulations regarding massage establishments and therapists. Inspections Supervisor DeOrio said there are massage therapists and aestheticians who would like to go to people’s homes. Chair Peterson said there is a trend of more services coming to people’s homes. Principal Planner Lorbeer stated the State licenses do not allow someone to practice anywhere other than a salon. Inspections Supervisor DeOrio said taking the State license with an application could remedy this problem. The State does license mobile units. Senior Planner Temes said there needs to be a line between invasive and non-invasive services. Assistant Town Attorney Davidson said many State license laws have a clauses about being allowed as long as it allowed under local code. Senior Planner Temes said will add a new exception code and apply it to the residential categories. Assistant Town Attorney Davidson noted massages are addressed in the Town Code. Retail Sales and Services – Retail Sales, Convenience: Senior Planner Temes said there has been a problem with these businesses wanting to move into parcels in NC where they do not fit. She is going to keep the use permit requirement and remove car wash, fueling and drive-thru from the definition. Retail Sales and Services – Retail sales, Furniture, Large-Scale: Senior Planner Temes would like to change this to a permitted use in HVC and GVC. Retail Sales and Services – Retail sales, Furniture, Small-Scale: Senior Planner Temes will add this as a permitted used in GVC. Retail Sales and Services – Swap Meet and Auction, Single Event: Senior Planner Temes will make sure the table matches the definition. Retail Sales and Services – Swap meeting and Auction, Recurring: These events are set up at one location all the time and they open for set hours. This does not belong in RC. Heavy equipment could be sold so Light Industrial (LI) and Business Park (BP) would be good locations. Visitor Accommodations – Convention Center: These are often tied to large hotels. Senior Planner Temes will change the use permit requirement to permitted. Visitor Accommodations – Hotels and Commercial Lodging: Senior Planner Temes will remove the use permit requirement and change to permitted in HVC. Visitor Accommodations – Vacation or Short-Term Rentals: State statutes require this be permitted in all residential areas. Inspections Supervisor DeOrio said it is a challenge coordinating special events with the short-term rental. Parking at these events is enforced by the Police Department. If the event is during work hours Code Compliance inspector will investigate complaints but often the events are on weekends. There was discussion that anything permitted in HVC should be permitted in GVC. AGRICULTURAL: Feed and Tack Sales: Senior Planner Temes will change the use permit requirement to permitted. She would also like to allow this in BP, LI and General Industrial (GI). Inspections Supervisor DeOrio said if someone is loading hay there needs to be room to go behind the store. Development Services Director Mieras said these facilities need to be located where they can handle large trucks picking up hay. 4. Review and Discussion of Land Development Code Division 4, Article 4.9. Senior Planner Temes said she would like to wait to complete the Allowed Animal Table until after the Code of Gilbert has been updated. The next meeting will be on February 19, 2020 at 7:00 a.m. in Municipal Center II, Room 100. ADJOURN Chair Peterson adjourned the meeting at 8:01 a.m. ATTEST: ___________________________ ___________________________________ Chair Brigette Peterson Lisa Maxwell, MMC, Deputy Town Clerk