Redevelopment Commission

TOWN OF GILBERT REDEVELOPMENT COMMISSION MINUTES OF REGULAR MEETING MINUTES JULY 21, 2021 6:00 P.M. GILBERT POLICE DEPARTMENT AMPHITHEATRE 75 EAST CIVIC CENTER DRIVE GILBERT, ARIZONA 85296 COMMISSION PRESENT: TOWN OF GILBERT STAFF PRESENT: Peter Sciacca, Chair (Teams) Dan Henderson, Economic Development Director TJ Claassen Sydney Bethel, Redevelopment Specialist Casey Kendel John Baird, Assistant Town Attorney (Teams) Cassandra Mehan Amy Temes, Principal Planner Jocelyn Smith, Administrative Assistant COMMISSION ABSENT: COUNCIL LIAISON: Boe Bigelow Kathy Tilque, Councilmember (absent) CALL TO ORDER Chair Sciacca called the regular meeting of the Redevelopment Commission to order at 6:07 P.M. ROLL CALL Amanda Elliott, Redevelopment Program Manager, called the roll and determined that a quorum was present. COMMUNICATIONS FROM CITIZENS At this time, members of the public may comment on matters 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. Chair Sciacca approved residents to speak after the study session. ADMINISTRATIVE ITEMS 1. Meeting Minutes – Consider approval of minutes from the Regular meeting held on April 21, 2021 MOTION: Commissioner Kendel moved to approve the minutes of the April 21, 2021, seconded by Commissioner Mehan. Motion passed 3-0 via roll coll. Commission TJ Claassen was not yet a sworn commission at the April 21, 2021 meeting. Redevelopment Commission Regular Meeting July 21, 2021 1  2. Meeting Minutes – Consider approval of minutes for the Redevelopment Commission Retreat held on May 25, 2021. MOTION: Commissioner Mehan moved to approve the minutes of the May 25, 2021, seconded by Commissioner Kendal. Motion passed 3-0 via roll call. Commission TJ Claassen was not yet a sworn commission at the May 25, 2021 meeting. 3. Oaths of Office – Swear in TJ Claassen as appointed Commissioner Staff Liaison Dan Henderson proceeded to swear in TJ Claassen. Commissioner Claassen introduced himself as resident of Gilbert for the past seven years along with his wife and four children For the past 15 years he has been in commercial real- estate in office and retail leasing and sales with a lot of involvement in the Heritage District. He is looking forward to working on the Commission and the ground work that has been laid. STUDY SESSION 4. Z20-05 LDC REFRESH: Release of the Draft Town of Gilbert Land Development Code Refresh for public review and comment. Amendment to The Land Development Code Chapter I Zoning Regulations, Division 1: General Provisions, Division 2: Land Use Designations, Division 3: Overlay Zoning Districts, Division 4: General Regulations, Division 5: Administration, and Division 6: Use Definitions; Chapter II Design Standards and Guidelines; Chapter III: Subdivision Regulations, Glossary of General Terms, Appendix 1: Graphics and the Town of Gilbert Zoning Map. . Principal Planner Amy Temes presented Z20-05 LDC Refresh. The goal was to have a document that is useable, user friendly and easy to understand by the general public and everyone to locate what is needed or required according to their needs. The Town Council Land Development Code (LDC) Subcommittee worked in a bi-weekly public meeting forum for 18 months reviewing and refreshing the LDC. Outside legal and in-house legal review was conducted. The intent was an inhouse staff led modernization of the Land Development Code (LDC) focused on: • Clarifying regulations • Updating language and uses • Removal of redundancies • Content reorganization • New and imbedded graphics • More user friendly The LDC Refresh was released on July 7, 2021 on the Town’s Planning website for a 21 day public review and comment. The draft document may be found on the Town website at this link LDC Draft Document or on the Planning page under the Land Development Code heading. Social media and other platforms are being used for outreach with an email address, Redevelopment Commission Regular Session July 21, 2021 2 LDCfeedback@gilbertaz.gov, created for public comment. The public comments will be brought back to the Planning Commission and Redevelopment Commission in August. Below is a summary of the notable substantive document changes, within each section of the LDC for reference. Following the list is a short discussion regarding changes within the Heritage Village Center (HVC) Zoning District (Section 3.5) and Heritage District Planned Area Development (PAD) overlay Section 4.4. Section 1.0 General Provisions • General updates to Arizona Revised Statute and other Town references. Section 2.0 Terms • Combined Terms and Land Uses differentiating between the uses in italic. • Cross referenced all uses and terms within the document adding any missing terms, uses or graphics. • Swimming pools are no longer considered an accessory structure. Section 3.0 Base Zoning Districts and Use Regulations • A general guide was added for each section • Description of each zoning district • Photos provided if formatting permitted • New table in each district dedicated to accessory structures or uses. • Added standards for Accessory Structure categories: buildings, open air shade/enclosed detached garages or carports and parking structures. • Allowed for reduction or removal of internal setbacks within approved commercial, office, employment and mixed use master plans. • One graphic image for each zoning district. • Stepbacks were adjusted in multiple districts. 3.1 Use Regulation Table • See attachment for a summary of Use Regulation table highlights. • Added and removed uses (in the attached Use Regulation Summary Highlight Table, if an entire row is in yellow, the use was added, if it was removed there is a narrow yellow line indicating a previous use’s location). • Added or removed use permit requirements and permitted by right or with limitations. (in the attached Use Regulation Summary Highlight Table, the box will be shaded yellow and include a U, A, or S, if the box is empty the use was removed from that district.). • Added or removed new limitations (in the attached Use Regulation Summary Highlight Table, the box will be shaded yellow and include an L with a number or if the box is empty the use was removed from that district.). • Added or removed uses (in the attached Use Regulation Summary Highlight Table, the box will be shaded yellow and include a P or an I, if the box is empty the use was removed from that district.). Redevelopment Commission Regular Session July 21, 2021 3 3.2 Single Family • Allowed additional lot coverage for homes that have been established for greater than 20 years to encourage reinvestment. 3.3 Multifamily • Clarified and cross referenced if measurements are to/from general plan designations or zoning designations. • Reduced patio and balcony screening heights. 3.5 Heritage Village Center • Removed floor area ratios. • Minimum building height was removed. Removed storefront access and transparency. Lighting was moved to Site Regulations. • Building Stepback was added abutting single family zoning and HV boundaries. • Other existing regulations and standards were relocated to other sections or tables. 3.7 Employment • Required 15% landscaping for LI zoning. 3.9 Gateway Village Center and Gateway Business Center • Removed floor area ratios. • Increased transparency requirements Section 4.0 Planned Area Development Overlay Zoning District 4.1 PAD Overlays • Provided specific language as to which standards may not be amended with a PAD and condensed the language describing what it may be used for. 4.4 Heritage Village Planned Area Development Overlay Zoning District SF-7 • Set story limitations within the existing height allowances. • Clarified accessory structure regulations in a table. • Added one image per single family category. SF-6 •SF-6 - added minimum and maximum lot sizes. • Set story limitations within the existing height allowances. • Clarified accessory structure regulations in a table. • Added one image per single family category. Redevelopment Commission Regular Session July 21, 2021 4 SF-D • Set story limitations within the existing height allowances. • Clarified accessory structure regulations in a table. • Added one image per single family category. SF-A • Set story limitations within the existing height allowances. • Clarified accessory structure regulations in a table. • Added one image per single family category. MF-L • Set story limitations within the existing height allowances. • MF-L - Reduced common area open space requirement from 40% to 35%. • MF - Increased tree spacing from 1/20’ to 1/30’. • MF – modified building stepback to a 1:1 ratio instead of a static 10’ requirement. • Clarified accessory structure regulations in a table. • Reduced patio and balcony screening heights. • Other regulations were relocated to later sections of the code. MF-M • Set story limitations within the existing height allowances. • MF-M - Reduced common area open space requirement from 40% to 25%. • MF - Increased tree spacing from 1/20’ to 1/30’. • MF – modified building stepback to a 1:1 ratio instead of a static 10’ requirement. • Clarified accessory structure regulations in a table. • Reduced patio and balcony screening heights. • Other regulations were relocated to later sections of the code. 5.0 Additional Regulations 5.1 Supplemental Use Regulations • Development use standards relocated and consolidated to this section from the various zoning districts. • Added additional time/flexibility for School and Places of Worship temporary structures. • Removed Tattoo Parlors from Non-Traditional Businesses per A.R.S. • Modified Temporary Use language to be consistent with changes to the Municipal Code. 5.2 Site Regulations • Multiple development standards relocated and consolidated to this section from the various zoning districts. • Combined Secondary Dwelling and Guest Quarters to create a new singular Accessory Dwelling Unit (ADU) within SF-43 through SF-6 Single Family Redevelopment Commission Regular Session July 21, 2021 5  Zoning Districts. • Site Regulation lighting provisions were added for HVC, GVC and GBC. • Limited the use of perimeter walls and fences within the Heritage and Gateway non-residential areas. • Once a table was created for walls and fences the section required numerous areas of clarification and/or addition of missing information regarding location and heights. • Addressed double wall distancing and terracing. • Allowed for Wall and Fence modification within the entire parcel, not just on the perimeter. • Streamlined and bifurcated the Wall and Fence Modification Process, but still allowed for the public process and notarized abutting landowner signatures when the modification is on a property line or within 10’ of a property line. • Modified equipment screening to allow for some flexibility in SF zoning. • Modified equipment screening to be add specific screening requirements and exclude/restrict exposed staircases and/or access ladders. • Added specific clearance dimensions for enclosures. 5.3 Circulation, Parking and Loading • Added a provision for shared, differed or reduction that if the use changes the Administrative Use Permit shall terminate. • Addressed tandem parking. • Did NOT amend the contents of Off-Street Parking Requirement table, DriveThrough Facility stacking Space Requirements table or Passenger Loading Requirements table. • Added minimum residential garage dimensions and back-up minimum dimension. 5.4 Landscape • Modified and Updated the Street Theme Tree Map (this may be further modified by the on-going Town wide tree study) • Specified terracing and/or retention wall distancing. • Increased required tree spacing from 20’ to 30’. • Removed the Welcome to Gilbert sign design standards, but not the need to retain the existing signs. 5.6 Signs • Added regulations for Gateway District signage. • Allowed for more sign design and size flexibility on 2 and 3 story buildings. Chapter III Subdivision Regulations • Revised definitions for consistency with state law and other Town documents. • Added a provision allowing staff to approve amendments to preliminary plat open space plans so long as the amendment is consistent with the intent of Redevelopment Commission Regular Session July 21, 2021 6  the original approval. • Provided overview of final plat procedures for consistency with state law and included links to applications, subdivision improvement documents and various other required documents. • Revised condominium plat procedures for consistency with state law. • Clarified when certificates of correction may be used to amend recorded plats in accordance with state law. • Provided additional options to developers with respect to financial assurances for subdivision improvements, which are required by state law prior to Council approval and plat recordation. • Clarified final plat submittal requirements for consideration by the Town Council for consistency with state law. • Specified timing of final plat recordation for consistency with state law. • Added provisions for condominium plats. • Added provisions for land division or lot splits. • Added language for corrective plats. HERITAGE DISTRICT DISCUSSION 3.5 Heritage Village Center (the zoning district not the overlay) Removed floor area ratios. – The district is not intense enough to justify the use of FARs. Minimum building height was removed. - 1 story buildings would be required to be approved by the RDC upon finding the character of the HVC will be maintained. Removed storefront access and transparency – These topics are now addressed in the Heritage District Design Guidelines. Lighting - was moved to Site Regulations. Building Stepback – This requirement was already in the MF standards but not in the HVC requirements. It had become apparent that in order to buffer existing single family developments within the district and on the perimeter that a stepback above the 2-story would be beneficial for light, air, privacy and massing. 4.4 Heritage Village PAD (the overlay district) HD Single Family • Set story limitations within the existing height allowances. – Consistency with all other districts throughout the LDC. • Clarified accessory structure regulations in a table. – Consistency with all other districts throughout the LDC. • Added one image per single family category. - Consistency with all other districts throughout the LDC. • SF-6 - added minimum and maximum lot sizes. – To preserve the existing Redevelopment Commission Regular Session July 21, 2021 7  plat character of Lacy Tract. HD Multifamily • Set story limitations within the existing height allowances. • MF - Increased tree spacing from 1/20’ to 1/30’. – To encourage healthy streetscape. • Clarified accessory structure regulations in a table. - Adjusted and clarified accessory structure locations and heights. • MF – modified building stepback to a 1:1 ratio instead of a static 10’ requirement. – It had become apparent that in order to buffer existing single family developments within the district and on the perimeter that a stepback above the 2-story would be beneficial for light, air, privacy and massing. Allowances were made for non-habitable encroachment. • Reduced patio and balcony screening heights. - Overall response to making the HD one large mixed use development. Limited the use of walls and fences over 4’ to specific locations to allow more eyes on the street for a safer environment. In addition, successful and pedestrian centric environments do not have perimeter boundaries. • Other regulations were relocated to later sections of the code. HD MF-L • MF-L - Reduced common area open space requirement from 40% to 35%. – Assist in redevelopment within the HV. HD MF-M • MF-M - Reduced common area open space requirement from 40% to 25%. – Assist in downtown urban mixed-use development. Forty percent is a suburban standard. 5.2 Site Regulations • Combined Secondary Dwelling and Guest Quarters to create a new singular Accessory Dwelling Unit (ADU) within SF-43 through SF-6 Single Family Zoning Districts. – Allowed rental and kitchen in a single ADU by right and limited the number of ADU allowed per lot. • Site Regulation lighting provisions were added for HVC. - Outdoor fixtures may be located on property lines abutting public streets, private streets, driveways, alleys, public open space, abutting open space/drainage tracts and abutting easements. The fixtures may not encroach into those areas or exceed 0.3foot candles without Town and the abutting property owner’s approval. Lighting fixtures may not encroach into any public rights-of-way without an encroachment permit. Wall-mounted fixtures shall be full cutoff type/shielded unless approved by a Design Review process and supported by historic architecture or style. Temporary lighting such as festival/tivoli shall be included in the photometric plan. Redevelopment Commission Regular Session July 21, 2021 8  • Limited the use of perimeter walls and fences within the Heritage and Gateway non-residential areas. - Overall response to making the HD one large mixed use development. Limiting the use of walls and fences over 4’ to specific locations allows more eyes on the street for a safer environment. In addition, successful and pedestrian centric environments do not have perimeter boundaries. • Addressed double wall distancing and terracing. – Eliminated the possibility for an unsafe and unmaintained strip of property. • Allowed for Wall and Fence modification within the entire parcel, not just on the perimeter. – Allowed for a process that was not a zoning action to modify walls and fences in that have special design circumstances. • Streamlined and bifurcated the Wall and Fence Modification Process, but still allowed for the public process and notarized abutting landowner signatures when the modification is on a property line or within 10’ of a property line. - Allowed for a process that was not a zoning action to modify walls and fences for projects that have special design circumstances. • Modified equipment screening to allow for some flexibility in SF zoning. – Allows for roof mounted mechanical equipment if in an architecturally appropriate parapet roof design that can fully screen. 5.3 Circulation, Parking and Loading • Addressed tandem parking. – May be used but, may not be counted toward the required parking count. • Did NOT amend the contents of Off-Street Parking Requirement table, DriveThrough Facility stacking Space Requirements table or Passenger Loading Requirements table. • Parking - Added minimum residential garage dimensions and back-up minimum dimension. (single - 10’x20” or two car - 20’ 20’) 5.4 Landscape In the past the RDC had expressed a concern regarding palms as a HD street tree due to the character and the lack of shade provided. The Chinese Pistache is encouraged as the predominant street tree in the HD. The palm was not removed due to an ongoing Shade and Tree Study analyzing trees throughout the Town. Future changes to the Streetscape Theme Tree map may occur based on the study’s finding and recommendations. PUBLIC NOTIFICATION AND INPUT Eighteen months of public meetings were held from November 2018 to April of 2020. Staff received numerous comments from the public during that time. A 21 day public review and comment period, starting July 7, 2021 is in process. Staff will gather the feedback and bring it to both the Planning Commission during an August study session and to the Redevelopment Commission at the August 18th public hearing. Redevelopment Commission Regular Session July 21, 2021 9  Town of Gilbert Social media platforms are being used to alert the public to the availability of the document. An email address has been created and checked daily to allow for comment submittal. LDCfeedback@gilbertaz.gov. (There are no amendments to the zoning map or general plan; however, comments and feedback will be documented.) A presentation to the Gilbert Chamber of Commerce was made earlier today. COMMENTS AND QUESTIONS Chair Sciacca inquired how Commissioners should submitted questions. Amy Temes advised the Commissioners with clarification, discussions or understanding questions are welcome to place a call to her, these will be documented. Static questions or comments can be placed in the email address provided. Chair Sciacca inquired if there are nay considerations for Lyft and Uber parking and for food to go and customers picking up food to go. Amy Temes responded a consultant will be used to assist with the parking updates and amendments. In the parking section there were garage size standards amendments to 10x20 (new construction should be free and clear of trash containers) and have allowed for temporary and offsite parking in certain zoning districts for short term parking to allow for overflow during special events. Chair Sciacca inquired if landscape buffering will be required for the new stepbacks? Amy Temes responded it is important when adjacent to light industrial and residential to provide a screening. Trees need to be approved and designated for sizes, shapes and life spans. Chair Sciacca referenced the usage chart, other towns do not allow some medical ground floor or office ground floor, gun sales, adult bookstore uses ect. What is good long term? Do we need to have some uses prohibited. Amy Temes advised banquet facilities on the roof is not allowed and was not modified, a bar restaurant is allowed. First floor, if loft living above, you must have commercial or a non-resident use on the ground floor, that includes the leasing office. That does not include parking, gym or other items related to multi-family. There is a transparency from the first floor that helps to regulate was goes into the first floor for windows and doors for a vibrant streetscape. If it is allowed with a use permit than it is allowed, use permits are beginning to be limited. Typically, we don’t limit specific uses expect non-traditional activities such as pawn shops, piercing, etc. We have stayed out of limiting standard uses that are not listed as non- traditional. Chair Sciacca reminded the Commissioners that we serve on the Redevelopment Commission more for the look and aesthetic and the feel and the windows and stepbacks. As our job in the future how the look and feel is if it comes forward to us depending on the uses. It is nice to know what the purpose is. Commissioner Kendal questioned the definition of a temporary structure and how long is temporary? Amy Temes responded that it depends on the structure and is usage. A pod in a light industrial commercial user can be permanent that requires a master plan approval showing where it will be placed and how it will be used. Retail zoning for outdoor storage is either 60 or 90 days, for example holidays. The modular for Redevelopment Commission Regular Session July 21, 2021 10 schools and churches has time frame that is tied to the permit for construction and have allowed some latitude for earlier placement for set up. Other temporary such as special event permits are tied to the permit. Permits depend on the usage and structure. Commissioner Claassen questioned, as it relates to the use categories I do not see any mention of Live/Work as it relates to the Heritage area, a lot of developers often times bring this up. What category will that fall under and will it be added? Amy Temes responded this category was removed two years ago. If you look at the code today Live/Work can be addressed in a couple different ways. You could have an apartment loft living above and you could have offices on the first floor or second floor or wherever and that person could have rights to lease both in conjunction. You could also have multi-family is directly connected to the Live/Work on the ground floor and that first floor is limited to only office or only this or that, it is restricted, and you have the link to up above. Loft living is permitted in the Heritage Village, most of our commercial districts and in a number of our office districts (refer to the chart for others). There is also horizontal Live/Work that is linked by the lease. Changing a living room to an office, home occupation is not applicable. Commissioner Claassen also inquired about the removal of store front access and transparency? Amy Temes responded that was put in the recently approved design guidelines. As buildings are getting taller they needed larger foundations, it was decided to put in the guidelines to allow more flexibility to meet the goals of 75% on commercial and 50% for residential. COMMUNICATIONS FROM CITIZENS Doralise Machado-Liddell is a Gilbert resident with multiple residential properties in the Heritage District, SF-6. Doralise shared concerns, comments and discouragement that some of her rights have been removed. The changes focus on commercial and flexibility but not what can be done for the residential area. Can and will she be able to split her lot into two 3,000 sq ft lots? Are garages required or are car ports still acceptable. Doralise noted she paid for a variance to build a secondary dwelling to be able to rent, now the new regulations proposed state she must resident in her primary resident to rent out the secondary. Limits are placed on her ability to build, her ability to rent her properties and her property rights and property values are being taken away one step at a time. She requested that it be considered how will this impact the residential property owners. She commented that you want people to redevelop and me in partnership but taking away rights affects residential owners. She requested her concerns to be taken seriously with fairness and equity. Chair Sciacca thanked Doralise for her input and community participation and attendance. Mary Ellen Fresquez is a Gilbert residential. Mary Ellen commented on an error in the Heritage District for height to 90 ft. six stories and more if approved by council If that error would not have been discovered a project could have been approved. As appointed officials and our council as elect officials have a huge job to look at the documents and relooking to avoid errors such as this. Her second concern is trees on stepbacks and a project that is requesting trees on a roof top. She shared concerns of the safety issues and danger of trees falling. Chair Sciacca thanks Mary Ellen for her diligence reading, attendance, and participation. Redevelopment Commission Regular Session July 21, 2021 11 Chair Sciacca also thanked Amy Temes and the team for all their hard work. COMMUNICATIONS Report from CHAIR on current or future events No comments or updates Report from COUNCIL LIASION on current and future events Council Liaisons not in attendance Report from COMMISSIONERS on current or future events No comments from Commissioners Report from STAFF LIASION on current and future events Don Henderson provided the following updates.  The survey for the design of the Paseo closed on July 16 with more than 900 responses. The next public meeting to provide input will be in the fall of this year.  The RFP for the South Anchor site located on the NW corner of Gilbert and Elliot (2.18-acre site) was released on July 13 and will close on October 11, 2021. ADJOURN REGULAR SESSION Chair Sciacca adjourned the Study Session at 7:14 P.M. __________________________________ Peter Sciacca, Chairman Redevelopment Commission Regular Session July 21, 2021 12