Redevelopment Commission

GILBERT REDEVELOPMENT COMMISSION Minutes of Regular Meeting February 19, 2020, 6:30 p.m. Municipal Center, Council Chambers 50 E. Civic Center Drive, Gilbert, Arizona 85296 COMMISSIONERS PRESENT: Peter Sciacca, Chair Tyler Hudgins, Vice Chair Boe Bigelow, Commissioner Ryan Hamilton, Commissioner Tyler Jones, Commissioner COMMISSIONERS ABSENT: None COUNCIL LIAISON: (Absent) Scott Anderson, Vice Mayor STAFF PRESENT: Amanda Elliott, Heritage District Liaison Lisa Maxwell, Town Clerk John Baird, Town Attorney Eva Cutro, Planning Division Manager Ashlee MacDonald, Senior Planner CALL TO ORDER: Chair Sciacca called the regular meeting of the Redevelopment Commission to order at 6:30 p.m. ROLL CALL Amanda Elliott called the roll and declared that a quorum was present. COMMUNICATION FROM CITIZENS Chair Sciacca opened the floor to the public for any comments or communications on items not on the agenda. The Commission’s response is limited to responding to criticism, asking staff to review a matter commented upon, or asking that a matter be put on a future agenda. There were no communications from Citizens. ADMINISTRATIVE ITEMS 1. Minutes – Consider Approval of the Minutes for the Meeting of December 18, 2019. MOTION: Commissioner Jones moved to approve the meeting minutes of December 18, 2019, seconded by Commissioner Bigelow. The motion passed 5-0. 2. Presentation of Parliamentary Procedures: Town Clerk Lisa Maxwell reviewed the Parliamentary Procedures for conducting orderly and constructive meetings as required by Town Council, particularly as it relates to motions. A copy of Robert’s Rules of Order is always available at the round table for reference. Starting a Meeting: The Chair will start the meeting with a call to order and end by adjourning the meeting, although a motion is not required to end the meeting. All actions by a Board should go through the Chair and require a proper motion, second and vote. If a board member wants to ask a question or make a comment, they should ask permission from the Chair first.  Gilbert Redevelopment Commission February 19, 2020 Page 2 of 7 Process for a Motion: A board member may make a motion for a Board action. A second is required for the motion to be considered. Once a motion is on the floor, that is the only topic that can be discussed, or an amendment to said motion. The discussion cannot veer outside the scope of what is posted on the meeting agenda. A lengthy discussion may take place before a motion is framed. The Council and Planning Commission often hear an overview of an item from staff before any discussion or a motion. After any discussion, the Chair can call for a motion or a board member may ask the Chair if they may make a motion. Once a motion is made and seconded, the Chair can ask for any additional discussion. If there is no further discussion, the Chair will call for a vote to approve or disapprove the motion by stating aye or nay. The one who made the motion may vote against the motion, but cannot speak against it. The Chair will announce the vote and whether the motion passed or failed. The Chair can make motions or provide a second and the Chair votes. If there is no second on a motion, the motion dies and will not be voted on. Amendments to Motions: If it becomes apparent that changes are needed to the motion, the Chair can ask the original motion maker to include changes, and if the person who seconded agrees, the vote can move forward. Someone other than the original motion maker can move to amend a motion, and if there is a second, discussion can be held on the amendment only, followed by a vote. After the amendment is voted on, a vote will be taken on the original motion. If there is no second on the amendment, the amendment dies and the original motion will then be voted on. Conflict of Interest: A board member cannot take part in the discussion or motion if they have declared a conflict of interest. There is a Conflict of Interest form that the board member will fill out and give to the staff liaison to keep on file. That board member will leave the dais until that item is completed. Discussion: The board members and Chair need to be vigilant about the direction of the discussion and stay on the topic of the agenda item or motion. Point of Order: If the discussion moves off topic, a board member may call for a Point of Order. The Chair will then direct the discussion back to the motion on the floor. If there has been lengthy discussion, it is appropriate to ask the minute taker to read back the motion. Further discussion may be held at that time. Call for the Question: To bring the discussion to a close and ask that a vote be taken, a board member may ask the Chair for the floor and “call for the question”. COMMISSION QUESTIONS: Chair Sciacca noted that a lot of discussion as well as questions to staff can occur before a motion is made. He asked how often does any board continue the discussion after a motion is made. Town Clerk Maxwell stated it is true that a lot of the discussion can take place before a motion. Most of the more involved items come from Planning and Zoning and they discuss items in detail before making a motion. They may need to get all of the information in order to know what their motion will be. There have also been times when there is additional discussion after a motion is made, and especially after an amendment is proposed. Chair Sciacca stated things can become very procedural out of habit where someone makes a motion and then immediately someone makes a second. He reminded the Commissioners that it is completely appropriate to discuss a motion first and that a motion does not automatically require an immediate second. Chair Sciacca asked when it would be appropriate for someone to recuse themselves from an item? Is it at the time the chair calls the item and before staff makes a presentation? Is is necessary for that person to physically walk down from the dais. He noted a few years ago, leaving the room was considered better than sitting in the room. What is the best practice? Town Clerk Maxwell advised that when the Chair calls for an item, that would be the time to declare a conflict. That person does need to leave the dais but does not need to leave the room, although they cannot  Gilbert Redevelopment Commission February 19, 2020 Page 3 of 7 participate in the discussion on that item. If the person wants to sit quietly and listen to the discussion, they may stay in the room. It would not be appropriate to comment or speak against the discussion. If that person cannot sit quietly, they should leave the room. The Commission had no further questions and appreciated the presentation. 3. Discussion of Redevelopment Commission By-Laws: Chair Sciacca advised that this item is for discussion only. Based on the Commission’s feedback, staff will present potential amendments to the Bylaws at the next Commission meeting for discussion and possible action by motion. Amanda Elliot, Redevelopment Administrator, advised the Commission of some discrepancies in the Bylaws that should be changed. The Commission is governed by the Arizona Revised Statutes under the Slum Clearance and Redevelopment Commission. This item outlines the number of commissioners, the term, as well as duties, powers, and appointments. It also states that the chair and vice chair will be designated through the Mayor. This Commission is also governed through the Land Development Code (LDC), Article 5.109, which outlines bodies, administrations, and officials who have responsibilities under the LDC, and identifies the suggested composition of this particular commission. The Gilbert Municipal Code essentially recodifies the general and permanent ordinances of the town and essentially lists out those Arizona Revised Statutes. There is also a set of Bylaws or rules which are created by this Commission as the local authority. The Bylaws are located within the Boards and Commissions Handbook. There are three areas within the Commission’s Bylaws to be discussed—Organization, Meetings, and Order of Business. I. ORGANIZATION Under A. Officers and Staff, 3. Amanda suggested that the term Secretary be changed to Staff Liaison to match the title listed within the agenda packet as part of the town’s requirement. She requested that Development Services Department be updated to the Office of Economic Development, as that is the office that currently serves as this body’s liaison. Chair Sciacca suggested that his designated representative be changed to the designated representative. Amanda appreciated that suggestion and will include that change. The proposed deletions are indicated with a strikethrough and additions are indicated by an underline. Proposed Change: A.3. The Town of Gilbert, Manager’s Office, or his the designated representative, shall serve the Commission as Secretary Staff Liaison. The Gilbert Development Services Department Office of Economic Development staff shall furnish professional, technical advice and clerical services to the Commission. II. MEETINGS Under A. Regular Meetings, 1. the date and time that meetings will be held is listed as the third Wednesday of the month at 6:30 p.m. Item 1. also states that a meeting can be cancelled or rescheduled if it falls on the same day as a legal holiday by a motion and majority vote of the Commission. Amanda asked if the Commission would like to continue the 6:30 time or move to a different time, and whether a meeting can be cancelled by the Chair in the event that a meeting date falls on a holiday. Chair Sciacca noted that some Commissioners are coming from downtown Phoenix. He asked if a 6:00 p.m. meeting time would be possible or if the Commission was comfortable with the 6:30 p.m. time. Commissioner Hamilton stated he probably travels the furthest for the meetings and he is able to make an earlier meeting time. He was fine with a meeting being cancelled or postponed by the Chair. Vice Chair Hudgins agreed and supported a 6:00 p.m. meeting time. Commissioner Jones supported those changes as well. He asked if that earlier time was doable from a staff perspective. Amanda stated the 6:00 p.m. time will work for staff.  Gilbert Redevelopment Commission February 19, 2020 Page 4 of 7 Chair Sciacca felt that asking about staff’s availability and Commissioner’s availability was important. He considered whether the 6:00 p.m. time was appropriate for the public with people getting off work and it being near dinner time. He felt it was only a 30-minute difference and that it was a time people can work with. He agreed with the time change and felt that could be a staff decision if the Commission agreed. Proposed Change: A.1. Regular meetings shall be held on the third (3rd) Wednesday of each month at 6:30 6:00 p.m. Whenever a legal holiday is the same date as a meeting, such meeting shall either be canceled or rescheduled by motion and majority vote of the Commission the Commission Chair. A. 4. indicates that Commission meetings will be held at the Heritage Annex Building and that notice is to be posted at the Gilbert Municipal Center, the Southeast Regional Library, Perry Library and Heritage Annex. Amanda recommended changing the meeting location to the Council Chambers, 50 E. Civic Center Drive. The Arizona Revised Statutes have changed to allow municipalities to post in one location as well as a website. This should be updated to state that notice will be posted on the town website and in at least one public place. Commissioner Hamilton remembered when meetings were held at the Heritage Annex Building and he preferred not to go back to that location. Chair Sciacca verified that Commissioners were comfortable with those changes as presented. Proposed Change: A.4. Regular meetings of the Commission shall be held at Heritage Annex Building, 119 N. Gilbert Road, Council Chambers, 50 E. Civic Center Drive, Gilbert, Arizona unless otherwise noticed and posted. At least twenty-four (24) hours notice shall be given to the general public by posting such notice at the Gilbert Municipal Center, the Southeast Regional Library, Perry Library and Heritage Annex on the Town of Gilbert website and at one (1) public place, and otherwise in conformance with Arizona State law. B. Study Sessions – Amanda requested that item B similarly be changed to state that notice will be posted on the Town of Gilbert Website and at least one public place. F. Agenda – Amanda requested that Secretary be changed to Staff Liaison. G. Withdrawal of Request – Amanda requested that Secretary be changed to Staff Liaison. The Commission had no further questions and agreed to the recommended changes as outlined. Staff will present an updated draft the Bylaws at the next Redevelopment Commission meeting. The Commission will have an opportunity to discuss the draft and consider a motion to approve. PUBLIC HEARING Items will be heard at one Public Hearing at which time anyone wishing to comment on a Public Hearing Item may do so. Comments will be heard from those in support of or in opposition to an item. In order to comment on a Public Hearing Item, members of the public must fill out a public comment form, indicating the Item Number on which to be heard. Once the hearing is closed, there will be no further public comment unless requested by a member of the Commission. After the Public Hearing, the Commission may act on all items not requiring additional staff, public, or Commission comment with a single vote. Chair Sciacca opened the Public Hearing and invited staff to make a presentation on Item 4. DR19-184. 4. DR19-184 GELATO CIMMINO GILBERT: Site plan, landscaping, elevations, floor plans, lighting, and colors and materials for approximately .2 acres, generally located north of the northeast corner of Gilbert Road and Vaughn Avenue, and zoned Heritage Village Center (HVC).  Gilbert Redevelopment Commission February 19, 2020 Page 5 of 7 STAFF RECOMMENDATION: Approve the Findings of Fact and approve DR19-184, Gelato Cimmino - Gilbert: site plan, landscape, elevations, floor plans, lighting, colors and materials for approximately .2 acres, generally located north of the northeast corner of Gilbert Road and Vaughn Avenue and zoned Heritage Village Center (HVC), subject to conditions: 1. Construction of the project shall conform to the exhibits approved by the Planning Commission at the February 18, 2020 public hearing. 2. The construction site plan documents shall incorporate the Standard Commercial and Industrial Site Plan Notes adopted by the Design Review Board on March 11, 2004. 3. Signage is not included in this approval. Administrative Design Review approval is required prior to submitting for sign permits. 4. Trash transport from Gelato Cimmino to the shared trash compactor located on Vaughn Avenue shall be during Downtown Gilbert off peak business hours. 5. The churro station operable window depicted on the plans shall not be used for sales or vending purposes. 6. A Town of Gilbert encroachment Permit shall be required for the trellis structure. The encroachment permit application shall include agreement/approval letters from any utility company that the trellis roofline impacts. If the letter(s) cannot be obtained, the applicant will be required to resubmit for a future Administrative Design Review amending the site plan and west elevation. 7. The entry water feature in not a part of this approval and shall be required to submit for a future Administrative Design Review. 8. The existing 9 Mexican Pines located along the east property line shall be removed. 9. The proposed street tree shall be a Chinese Pistache. 10. The proposed concrete benches and raised planters shall be painted white. 11. The proposed metal fence panels shall be painted black. 12. The lighting along the north and east property lines shall be located, shielded or directed as to not exceed .3 candle foot at the top of wall along the property lines. On behalf of Amy Temes, Senior Planner Ashlee MacDonald presented Item DR19-184, Gelato Cimmino Gilbert, located at 339 N. Gilbert Road, north of the OHSO development and south of the Barlow property. It is a 0.2 acre site. The applicant is utilizing the exiting building on the site and will make improvements adding just under 1,200 square feet of patio space and a small 120 square foot addition. Primary Access into the building is at the north end of the property with another access point at the southwest off of Gilbert Road. The existing driveway to the north providing access to the Barlow property is being worked through. There is not an easement granting access to that property owner and we are working to relocate that driveway. As discussed in the recent Study Session, there is a nitrogen valve on the north side of the OHSO building that will be relocated to the west side of that building. The Mexican pines proposed on the east property line will get too large for the small space. There is a staff condition that those trees be removed and the area covered with decomposed granite for dust control. The applicant is also proposing a raised planter in the patio area to provide additional landscaping. The colors and materials are monochromatic with white painted brick, brown accents, colored concrete, and large windows. The existing storefront windows will be replaced with an operable pole-type window system. The proposed trellis along the front does encroach into the right-of-way. Staff has worked with the development engineer and are comfortable with that encroachment provided that the utility company is also comfortable. If approval cannot be secured from the utility company, the applicant will need to process an amendment to the Design Review to reduce the trellis feature. The applicant has provided perspectives of the development to show what the building will look like. The applicant is proposing a variety of lighting fixtures that match the architecture of the building. There is a condition that the photometric plan be brought into compliance with the town’s lighting code to not exceed 0.3  Gilbert Redevelopment Commission February 19, 2020 Page 6 of 7 foot candle at the property line. The proposed plan is in excess of that requirement and shielding will need to be provided in order to meet that requirement. Staff recommends approval of DR19-184 with the 12 conditions listed in the Staff Report. COMMISSION COMMENTS Vice Chair Hudgins noted that at the Study Session there was discussion regarding the churro window and the tinted windows or shade structures. He asked about the resolution of that conversation? Ms. MacDonald advised that because of the southwest exposure, the applicant did want the tinted windows to remain to limit some of the solar impact. She did not believe that an awning was added but she will verify that. Vice Chair Hudgins asked what signage on the building was the applicant looking for approval with this request. Ms. MacDonald stated no signage is being proposed as part of this request, although the proposed signage locations are shown. The signage will come under a separate permit that staff will review. Vice Chair Hudgins asked for details on the location and design of the entry water feature. Ms. MacDonald stated that was listed under Condition 7, which states that the entry water feature is not part of the approval and that the applicant will have to submit an Administrative Design Review. The details were not provided to staff to be approved as part of this application. If that is to be included, it will come to staff at a later date with the details. Commissioner Bigelow stated the neighbor to the south, Creamistry, moved the nitrogen valve to the street front. Will that require any special permits and how often and for how long would that cause a blockage on Gilbert Road? Ms. MacDonald felt that was a great question although she did not have an answer. She will make sure to provide that information to the Commission. Commissioner Bigelow understood that there would be a separate permit for the signage. He asked if staff was aware whether it would be a traditional neon sign that fits downtown or something different? Ms. MacDonald stated that will be figured out. The applicant was in attendance and may be able to answer questions regarding the design of the sign. Vice Chair Hudgins asked if the applicant would be able to cover the signage as well as the water feature. He was hesitant to have staff approve something that will not get a second look by this Commission. He is always cautious when he sees a lot of items in a packet to be approved administratively. He would like to hear from the applicant on the design of the water feature, the chance of that actually happening and whether there were any special considerations. Ms. MacDonald advised that the Water Conservation Code does have some limitations on the height of water features. She believed they can be up to 6 feet in height. That was some of the information that was lacking in order for the Water Conservation Department to be able to move forward with that plan. A water feature would go through Water Conservation before being approved by staff. Commissioner Hamilton asked if any of the conditions proposed by staff were controversial or was everyone on the same page. Ms. MacDonald stated everyone was in agreement regarding the conditions. Commissioner Hamilton noted that Condition 5 stated that the churro station operable window shall not be used for any sales or vending purposes. He asked if that was just an ancillary window that would not allow items to be passed through. Ms. MacDonald pointed out the window location on the plans and confirmed that we would not want retail sales from that window as that may cause lines to back up onto the sidewalk. Chair Sciacca noted this Commission is here to help staff and ultimately help the applicant. If the applicant is not comfortable with the hard codes or requirements that are fairly black and white, the Commission can look for an exception if appropriate. As an applicant himself, he likes when an item does not have to come back to this dais and that staff has the ability to work with the applicant on some items such as the water feature or reducing the bike parking requirement or landscape requirement, which in this case would not be appropriate on the very east side. He asked at what point would it be a staff-controlled decision working with the applicant. What if the applicant did not like the direction staff was going? He wanted to let the applicant know that the Commission is here and is able to help. His concern was with making sure the plan does not change too much so that the purpose of this Commission was defeated.  Gilbert Redevelopment Commission February 19, 2020 Page 7 of 7 Ms. MacDonald stated the Land Development Code sets specific parameters for items that can be amended by staff through a Design Review. That may include additional square footage or adding items to an approved site plan. It becomes a little more gray with changing elevations of a building. That would be a staff call as to whether it was substantially in conformance with what has been approved by a board. There is always the ability within the code that staff can choose to elevate a project to the Redevelopment Commission or Design Review Board for additional review if staff is not comfortable or it strays too far from what was approved. The water feature would certainly fall within the realm of something that staff can do administratively if it meets the original intent of what was approved by the board. Vice Chair Hudgins appreciated the applicant’s design. He remembered seeing the initial plans and meeting with the architect. He was impressed with the turnaround on the design and how it really fits within the character of the district. He looked forward to seeing this architectural design in our downtown. Chair Sciacca asked for any public comments. There were none. Chair Sciacca invited the applicant to address the questions and comments raised. Applicant Brian Krob, Aline Architecture, advised that the water features were a holdover from the original plan that would flank the entry door on either side. It would be a full height wall. In talking to staff, he understood that 6 feet was the maximum and that such a custom item would require more involvement from a pool manufacturer than what was anticipated. Staff had recommended to make it a manufactured product if it does become part of the project. As of now, it is not part of the project as it is not an important feature. There are other elements with interior design that will replace that feature. They have not even discussed the signage yet. The current plans show a placeholder for a backlit sign, although it would have more character to tie into what is happening in the rest of the downtown. The first step was to work on the building itself. With no further Commission or public comment, Chair Sciacca entertained a motion on item DR19-184. MOTION: Vice Chair Hudgins moved to approve the Findings of Fact and approve DR19-184, Gelato Cimmino: site plan, landscape, elevations, floor plan, lighting, color and materials, for 0.2 acres located north of the northeast corner of Gilbert Road and Vaughn Avenue and zoned Heritage Village Center (HVC), subject to the conditions listed in the Staff Report. There was no further discussion on the motion. Commissioner Bigelow provided a second on the motion. The motion passed 5-0. COMMUNICATIONS 5. Report from the CHAIR on current or future events: There was no report. 6. Report from COUNCIL LIAISON on current or future events: The Council Liaison was not present. 7. Report from COMMISSIONERS on current or future events: There were no reports. 8. Report from STAFF LIAISON on current or future events. Amanda Elliot had nothing further to report. ADJOURN Chair Sciacca adjourned the meeting at 7:11 p.m. ___________________________________ Peter Sciacca, Chair