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 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, Assistant Town Attorney Nancy Davidson, and Development Services Engineer Tom Condit CALL TO ORDER Chair Peterson called the meeting to order at 7:02 a.m. AGENDA ITEMS 1. Approval of the minutes of the February 4, 2020 meeting. A MOTION was made by Chair Peterson, seconded by Councilmember Ray, to approve the minutes of the February 4, 2020 meeting. Motion carried 2-0. 2. Review of previous discussions. None. 3. Review and Discussion of Land Development Code Division 5, Article 5.1. There was discussion about why some of this section is in the Land Development Code (LDC) and not in the Code of Gilbert (Town Code). It was asked if any of this Article should be located in another section of the LDC. Any mention of the Code Compliance Manager will be changed to Code Compliance Supervisor or designee. 5.103 – Planning Commission: It was noted the Redevelopment Commission requirements are located in the Town Code. It was asked why the Planning Commission is in the LDC. Senior Planner Temes will consolidate where appropriate in this section. 5.103.D.11 – Zoning Hearing Officer: There was discussion about contracting a person to act as the Zoning Hearing Officer. Chair Peterson thought this was a good idea as new people on the Planning Commission would not have enough experience yet to act in this capacity. 5.105 – Director of Planning: Senior Planner Temes will change this to Planning Manager. Add 5.105.U: Senior Planner Temes would like to add a section regarding the review and approval of separation walls and fence modifications pursuant to the appropriate section of the LDC. Assistant Town Attorney Davidson noted this would have an affect on adjacent property rights. Senior Planner Temes said a notice of the request would be sent to the neighboring property owners. 5.106 – There was discussion about making determinations regarding drive through point of order and stacking locations for unique uses. Senior Planner Temes said it will be important to be flexible and to think of future uses of buildings. This is covered in Section 4.2 of the LDC. There was also discussion about making determinations regarding safety hazards and fencing protection Section 4.1 of the LDC covers this. An example was given of house near a park that was being hits by balls from the park. Netting would not work and there was not room to put a chain link fence. 5.107.A – Appointment and Procedures: Senior Planner Temes will add the ability to hire or contract a Hearing Officer. 5.108.A – Creation, Membership, and Terms of Office: Senior Planner Temes said this section is a holdover from when the Design Review Board was a separate Board. Planners have a different focus when looking at projects. The problem with this section is people in the listed profession do not apply. She would like to change “shall” to “may” and make the following changes: a. remove civil from civil engineer b. change landscape architect to landscape designer c. add or general contractor d. change to developer or real estate broker remove e and f. 4. Review and Discussion of Land Development Code Division 5, Article 5.2. Senior Planner Temes will add flowcharts whenever possible and eliminate cross references. 5.201.B.1 – Application Content: Senior Planner Temes will change Director of Planning to Planning Manager. 5.201.B.2 – Application for Amendments: Senior Planner Temes asked if a time limit of within three months of the application submittal should be added or if the time frame should remain open. Leaving the time frame open was fine. Senior Planner Temes will add that articles of incorporation may be required. 5.202.A – Required Fees: Senior Planner Temes will add “unless specifically waived by the Director of Development Services.” Development Services Engineer Condit asked if this may be in conflict with the Town Code. Senior Planner Temes will verify. 5.203.A.4 – Design review for: Senior Planner Temes will add master site plan to this list. 5.204.B Neighborhood Meeting: There was discussion about the pre-app process and whether it was better for a developer to talk to the neighbors first or go through the pre-app process. Councilmember Ray said he would prefer allowing neighbors to have the first say. Senior Planner Temes will do an analysis to see way is more efficient. 5.204.B Neighborhood Meeting Scheduling: Senior Planner Temes will add “unless otherwise approved by the Planning Manager.” 5.204.C.2 – Mailings: Senior Planner Temes will add “Property Owner Associations” need to receive a meeting notification. 5.205.A Published Notice: There was a question of why notice is posted in four locations. Town Clerk Maxwell stated it is required by State Statute. 5.204.D.1.a – Area to notify: Senor Planner Temes will add notification will be sent to property owners within 600 feet of the area within the Santan Character Area for General Plan and Zoning cases. 5.204.D.1.c – There was discussion about the Town of Gilbert Neighborhood Services Office. Senior Planner Temes will check State Statute to see if this is required. 5.205.D.2 Wireless Communication Facility: The time to provide notice was changed to 30 days and they have been no concerns. Senior Planner Temes would like to go back to a 15-day notice. 5.206.A.1 – Rights of All Person: Senior Planner Temes is going to add a statement regarding a group speaking at a meeting. 5.206.A.2 – Time Limit: Senior Planner Temes is going to add “or designee” to the list of who may establish time limits. 5.206.C – Approval of Items by Consent: Senior Planner Temes said she had a request to set up the Planning Commission agenda so it is similar to how the Town Council section for consent items is set. 5. Review and Discussion of Land Development Code Division 5, Article 5.3. 5.301 – Purpose and Applicability: Senior Planner Temes is going to remove “Administrative relief granted pursuant to this article may only be granted prior to construction. Most of these cases are handles out in the field. 5.302 – Scope of Authority: Senior Planner Temes would like to increase authority to the Director to grant administrative relief from ten percent to 25 percent. She will make sure there is no conflicting requirements. There was discussion about the threshold for a variance. 6. Review and Discussion of Land Development Code Division 5, Article 5.4. 5.401 – Purpose and Applicability: Senior Planner Temes is going to add that a use permit is tied to the property. 5.404.A.2 – Expiration; Modifications; Revocation: There was discussion about what happens when the approved use permit has expired and there has been no activity for more than one year. If there is remodeling is one year of inactivity long enough for the work to be completed. Planning Manager Cuatro said if there is construction happening then there is activity. Someone will investigate this further 7. Review and Discussion of Land Development Code Division 5, Article 5.5. None. 8. Review and Discussion of Land Development Code Division 5, Article 5.6. None. 9. Review and Discussion of Land Development Code Division 5, Article 5.7. None. 10. Review and Discussion of Land Development Code Division 5, Article 5.8. None. 11. Review and Discussion of Land Development Code Division 5, Article 5.9. None. 12. Review and Discussion of Land Development Code Division 5, Article 5.10. None. 13. Review and Discussion of Land Development Code Division 5, Article 5.11. None. The next meeting will be on March 4, 2020 at 9:00 a.m. in Municipal Center II, Room 100. ADJOURN Chair Peterson adjourned the meeting at 8:03 a.m. ATTEST: ___________________________ ___________________________________ Chair Brigette Peterson Lisa Maxwell, MMC, Deputy Town Clerk