Redevelopment Commission

TOWN OF GILBERT REDEVELOPMENT COMMISSION MINUTES OF REGULAR MEETING MINUTES AUGUST 18, 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 Dan Henderson, Economic Development Director Boe Bigelow Amanda Elliott, Redevelopment Program Manager TJ Claassen (Teams) Sydney Bethel, Redevelopment Specialist Casey Kendel John Baird, Assistant Town Attorney (Teams) Cassandra Mehan Amy Temes, Principal Planner Jocelyn Smith, Administrative Assistant COUNCIL LIAISON PRESENT: Kathy Tilque, Councilmember (Teams) CALL TO ORDER Chair Sciacca called the regular meeting of the Redevelopment Commission to order at 6:08 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. Doralise Machado-Liddell, a Gilbert resident residing in the Heritage District, spoke regarding The Park. Ms. Liddell stated she did not agree with the study session for The Park proceeding the conditional use permit discussion which was on the public hearing agenda. She stated that for the benefit of the public, the study session should happen after the conditional use permit has been approved. The Study Session item is about something that hasn’t even been approved. She would hope that the Redevelopment Commission (RC) is taking that into consideration during the study session. The placement of items should be based on public input. Secondly, Ms. Liddell addressed a place called Shady Park in Tempe. Shady Park is an outdoor venue with bars, outdoor bands, and outdoor entertainment. After Shady Park was built, ASU constructed a complex where people live, some of which may be seniors. There have been multiple complaints since COVID lifted and the entertainment began. Ms. Liddell asked the Commission to look at item with a proactive approach rather than a reactive approach to concerns such as noise. When looking at noise, the Redevelopment Commission Regular Meeting August 18, 2021 1 whole district should be studied at build out. With hotels, residential areas and loft living, to the Town should be mindful of the decisions that made now that will affect the future of the Heritage District. ADMINISTRATIVE ITEMS 1. Meeting Minutes – Consider approval of minutes from the Regular meeting held on July 21, 2021 MOTION: Commissioner Bigelow moved to approve the minutes of the July 21, 2021, seconded by Commissioner Kendal. Motion passed 5-0 via roll coll. STUDY SESSION 2. DR21-87 the Park: Site plan, landscaping, grading and drainage, elevations, floor plans, lighting, and colors and materials for approximately 0.42 acres, generally located at 33 E. Hearne Way, and zoned Heritage Village Center (HVC) zoning district. Redevelopment Specialist Sydney Bethel presented DR21-87, The Park. The subject site is a presently vacant 0.27 net acre lot (0.42 gross acres) located at the southwest corner of Hearne Way and Bricomp Boulevard, across from the Hearne Way Parking Garage, in the Heritage District. The project is proposed as a privately-operated park concept. The Park will potentially operate for 1-2 years before the site is permanently redeveloped. Per the applicant, the development will be open to the public, free of charge, with food, beverage, retail establishments, and small-scale live music. This project is a partnership between O.H.S.O Brewery (an abutting use) and the property owner. The project is proposed to be an extension of O.H.S.O. (DR16-56) creating a master site plan between the subject site and the existing O.H.S.O development. The project is intended to create a comfortable park-like setting for people to hang out in between activities in the Heritage District. The Design Review case is running concurrently with a Conditional Use Permit (CUP, UP21- 12) application to allow Recreation and Entertainment, Outdoor in the Heritage Village Center (HVC) zoning district and an Administrative Use Permit (AUP, UP21-11) to allow Off-Site Parking in the Heritage District. The Redevelopment Commission will ultimately have the final decision for the Design Review application and will provide a formal recommendation on the CUP to the Planning Commission who will have the final decision for the CUP. The AUP will be administratively approved by staff and will not be seen by either the Redevelopment Commission or the Planning Commission. There are three (3) points of pedestrian access for the site and there will be no vehicular access. There are two (2) exterior points of access proposed along Hearne Way and Bricomp Boulevard and one (1) internal on the south side of the site that will allow direct access to the O.H.S.O. patio. The entrances will include gates that will be closed at night. The entire site will be fenced with a 4’ tall fence and the restroom facilities at O.H.S.O will be available to the Park guests. There are three (3) buildings proposed for the site, totaling approximately 1,120 sf. The buildings proposed include a concessions/bar area located in the center of the site, a retail module with three Redevelopment Commission Regular Session August 18, 2021 2 (3) suites located on the northern boundary, and an entertainment module with a small stage on the eastern boundary of the site. The concession/bar will be operated by O.H.S.O with the food being prepared in the adjacent O.H.S.O kitchen and brought in for purchase. The area will operate in a similar manner to a food truck and will have coolers and warmers and its own water supply. Picnic tables will be scattered throughout the site, but there will be no table service. All sales will be walk up only. The retail modules are envisioned to host pop-up retail from local markers, artists, craftsmen and even farmers. The retail will be accessible to both internal guests and pedestrians along the street. The entertainment module will primarily serve as storage for AV equipment for projection equipment to show movies on the weekends but also have a small stage for small-scale live entertainment. Per the applicant, the small-scale live entertainment will employ local musical artists. There will be some amplification equipment with the intent to provide a musical ambiance which will not be overwhelming. The Park will host duos and small combos, but there will never be a DJ. The performance module as proposed is relatively small in scale at 147 sf. with an external 9’ by 20’ stage. The stage is positioned to face west into The Park development allowing the primary noise projection to be directed at the development opposed to the surrounding land uses. The noise generating uses, and the development as a whole will be required to meet the requirements for noise levels under the Town of Gilbert Municipal Code. The applicant has applied for off-site parking for the development. The off-site Parking regulations allows required parking to be located within 1,000 feet of the use. The parking application is being reviewed by staff through an Administrative Use Permit (AUP) (UP21-11). Per the proposed AUP submittal there will be no vehicular parking on site, but there will be twenty- four (24) bicycle spaces provided on site. The development will include external landscaping along the street frontage in the form of planters and foundation landscaping in front of the retail module. The proposed landscaping is complementary to the existing Hearne Way streetscape and will not impact the recently completed right-of-way improvements. The internal portion of the site will primarily include grass (Hybrid Bermuda) and compacted decomposed granite for internal walkways. The Heritage District Design Guidelines include a list of required plant materials. Of the plants proposed, all but two plants (Red Yucca and ‘Outback Sunrise’ Emu) are included on the approved Heritage District plant list. Staff has requested that the applicant change the proposed plants to materials from the approved plant palette from the Heritage District Design Guidelines. The site has no additional onsite retention requirements due to a regional drainage system and basin for the Heritage District. An existing storm drain stub along Hearne Way will be used to drain the site. The proposed grading and drainage plan generally meet the requirements of the Town of Gilbert’s Engineering Division. The proposed structures are repurposed steel modules manufactured offsite, trailered in and set in place. The power will be supplied from the adjacent O.H.S.O building and each module will have an electrical shut off and sub-panel. All three (3) proposed buildings are one-story in height and range from approximately 10’-7 ½” to 14’-3 5/8”. The minimum required height for the HVC zoning district is 35’/2-stories, but per LDC2. 403.A, single story buildings may be approved by the RC upon finding that the character of the Heritage Village Center will be maintained. For the RC to support one-story projects the Redevelopment Commission Regular Session August 18, 2021 3 project must be above and beyond the requirements of the Design Guidelines on other levels such as aesthetics/historic vernacular, pedestrian connectivity, and streetscape amenities. Staff is requesting the RC’s input on the applicant request for a single-story development and if the project is exceeding the level of architectural required within the Heritage District, pedestrian connectivity, and amenities. Based on public input, the RC’s input and the Town Council’s support/approval, the recently approved Heritage District Design Guidelines support the architecture style of late 1800’s to early 1900’s. The internal architectural design of the project site has a modern industrial aesthetic with the external components including the retail modules and entry feature having a rustic western motif accented by arched parapets. Staff is requesting the RC’s input on the architectural style proposed. During second review, staff recommended that the arched parapets be modified to flat parapets on the retail modules to better align the design with the internal design of the site. In addition, staff recommends that the decorative wood plank siding proposed on the street side elevations be wrapped to a minimum of 2’ when visible to the public. The 2’ side wrap should also occur at the parapet level. The primary building material for all three (3) buildings is steel painted in a warm brown (Dunn Edwards Sedona at Sunset) for the base of the buildings and orange (Dunn Edwards Orange Burst) for the accent trim. The structures proposed are repurposed steel modules manufactured offsite, trailered in and set in place. The Design Guidelines were specifically written to moderate the amount of metal used in the downtown and allow metal as an accent feature only. Since the structures are primarily metal, the applicant has added accent materials such as storefront glass and wood façade (Reclaimed Wood Plank Siding) to align the project with the Design Guidelines. These accent materials are primarily seen on the exterior of the buildings fronting the public right- of-way but can also be seen internal to the site. Staff would like the RC’s input on the mechanical equipment screening located on the concession’s module. Typically, perforated, or semi- transparent materials or design is not permitted for screening since it does not fully screen the equipment. Staff recommends that the material be changed to an opaque material and the screening element be modified to better integrate into the building design. Internal outdoor site lighting has been proposed only in the form of festival or string light fixtures. These lights are attached to poles ranging from 10’ to 13’11”’ in height that project above the proposed buildings along with some poles located on the perimeter of the site. The festival lights are fully shielded and are set back a minimum of 10’ from the property line limiting the potential light pollution that could detract from the award-winning streetscape specialty lighting installed by the Town as part of the recent Hearne Way improvement project. All site lighting will be required to comply with Town codes. As stated previously, the Town does not recognize temporary commercial development. Once this project is approved it is approved indefinitely. Conditions regarding time limits are not enforceable conditions of approval after Certificate of Occupancy. Statements by the applicant regarding intent in the narrative or minutes regarding the length of development operations may not constitute a legal binding agreement. Requested Input 1. General site design comments 2. Input regarding the request for a single-story development Redevelopment Commission Regular Session August 18, 2021 4  3. Input regarding the elevations, colors and materials and consistency with the Design Guidelines 4. Input on plant materials. COMMENTS AND QUESTIONS Commissioner Mehan inquired how will the vendors drive up to stock this location? Ms. Bethel responded she is not certain of the answer to this question. The assumption is they will use the same drop offs as O.H.S.O. or Culinary Dropout. Commissioner Bigelow inquired if the grass will be real grass or turf? Sydney Bethel responded it is real grass. Commissioner Bigelow inquired with O.H.S.O. doing the food and drink how will the retail be leased? Sydney Bethel advised that the retail will be leased and rotated with independent vendors. Commissioner Bigelow inquired since this is temporary is there a plan for a permanent concept is it the same? Sydney Bethel advised there are no current plans in the works for a permanent use. Commissioner Kendel inquired after two years there are no plan beyond that? Sydney Bethel responded right now this is just what is being brought forward. Two-years is the number that was brought forward by the applicant, that is information being used. There is no definition in the Town code for a temporary commercial use or a regulation that addresses a time limit. Commissioner Kendel inquired if there will be an element of shade, fans, mist, and those type of things? Sydney Bethel responded awnings are proposed that will be attached to some of the buildings and there are some moveable shade structures. It is unknown if there will be misters or fans. Commissioner Kendel inquired if there will be food prepared at the actual site or will it be prepackaged? Sydney Bethel responded it will be prepackaged food. Commissioner Kendel inquired who will be responsible for security, safety, and maintenance? Sydney Bethel responded O.H.S.O. will be responsible for security, safety, and maintenance using their same team. Commissioner Kendel inquired if there will be alcohol permitted? Sydney Bethel responded alcohol will be permitted if they apply for the proper permit of extension of premise from O.H.S.O. or apply for a license. That has not been discussed, but that seems to be the intent. Commissioner Kendel inquired who will maintain the plants and trees. Sydney Bethel responded the O.H.S.O. or the property owner. Commissioner Claassen inquired what are the sizes of each retail module? Sydney Bethel responded 480 sf. combined. Redevelopment Commission Regular Session August 18, 2021 5 Commissioner Claassen inquired if the modules are modified shipping containers. Sydney Bethel responded yes. Commissioner Claassen inquired if the applicant will paint the modules or let them oxidize naturally? Sydney Bethel responded they will be painted a warm brown color named Sedona at Sunset with an accent of orange. Chair Sciacca stated it looks great and inviting. Will it be secure enough after hours four feet does not feel adequate? What are the occupancy limits? Will O.H.S.O.’s restroom facilities be adequate? The name could be confusing. Sydney Bethel responded they are building a four-foot wall/fence and the planters will be the same height and locked up at night. The Police Department has reviewed and is comfortable, occupancy level unknown and the fire and building reviewer feels it meets the requirements. Commissioner Kendel inquired if there will be sprinklers in the module buildings. Sydney Bethel responded due to code and considering we do not have any provisions to consider it temporary it is considered permanent, and they will be required to have sprinklers. Commissioner Kendel inquired if there will be any planned emergency lighting? Sydney Bethel responded none known, but this will be brought forth in the next review. Chair Sciacca inquired if an open air requires sprinklers? If they want to add shade sail structures will it come back to the Design Review? Sydney Bethel responded she will confirm; however, open air under 3,000 sf and over 10 feet from a building typically do not require sprinklers. If the design review is approved changes under 5,000 feet would be an administrative amendment. Chair Sciacca inquired if there will be a dog run? Sydney Bethel responded the narrative mentions it is dog friendly but no specific plans for accommodations for dogs. Commissioner Mehan inquired if the restrooms are overloaded and additions are added would it be an amendment? Sydney Bethel responded yes it would be an administrative amendment. Commissioner Claassen inquired if the applicant would consider adding additional retail on the south side of the site to add another wall? Commissioner Kendel referenced temporary commercial development, could it run indefinitely? Sydney Bethel responded if it is approved and if it is built it then could run indefinitely. The Town cannot enforce any time restrictions as a condition of approval for either a Design Review or a Conditional Use Permit. No Public comments or questions. Redevelopment Commission Regular Session August 18, 2021 6 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, you must fill out a public comment form, indicating the Item Number on which you wish 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. 3. UP21-12 the Park: Request to approve a Conditional Use Permit for approximately 0.42 acres located at 33 E. Hearne Way to permit Entertainment and Recreation, Outdoor in the Heritage Village Center (HVC) zoning district. Redevelopment Specialist Sydney Bethel presented the UP21-12, The Park. Staff Request Provide a formal recommendation to Planning Commission on UP21-12, The Park Conditional Use Permit. Request to approve a Conditional Use Permit for approximately 0.42 acres located at 33 E. Hearne Way to permit Entertainment and Recreation, Outdoor in the Heritage Village Center (HVC) zoning district. Requested use is Entertainment and Recreation, Outdoor - Multiple ancillary uses (retail, entertainment and bar/restaurant use) in a park like setting with entertainment and recreation outdoors does require a conditional use permit in the Heritage District. The master site plan was reviewed. The site is designed to provide mitigation measures to prevent potential issues from arising. The project is bounded by Hearne Way and Bricomp Boulevard to the north and east. The public parking garage at the east provides a physical barrier for the residential uses beyond. Existing commercial developments are located on the south and west. The retail component is located along Hearne Way facing and inviting the public in. The facility activates the streetscape locating the main area central to the site and visible to Hearne Way to make sure the public was drawn in. The applicant faced the entertainment module internal to the site and utilizing the building wall west of the module for noise mitigation. The project will provide live entertainment which employs local musical artists. There will be some amplification, but the intent is to provide a musical ambience which will not be overwhelming. The Park will host duos and small combos. There will never be a DJ. The Park will be a family focused setting. Since there are families with children and dogs it is important to mitigate the sound and not allow it to dominate the experience. In addition, the O.H.S.O patio is right next door, the management will have the additional incentive of maintaining the sound level so that the patio users are not experiencing the O.H.S.O. sound system along with that of the Park. A Conditional Use Permit is required to meet four findings of fact per LDC 5.403.A. Redevelopment Commission Regular Session August 18, 2021 7  1. The proposed use will not be detrimental to health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general. Similar to O.H.S.O Brewery, Culinary Dropout, and other restaurants in the vicinity, this project poses no use which is detrimental to the health, safety or general welfare for persons living and working in the vicinity, the neighborhood or to the general public. 2. The proposed use conforms with the purposes, intent, and policies of the General Plan and its policies and any applicable area, neighborhood, or other plan adopted by the Town Council. The Park is an inviting, safe, multi-use space which conforms to the purposes intent and of the general plan, Heritage District, the neighborhood and plans officially adopted by the Town Council. 3. The proposed use conforms with the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements; and the modules and site layout will meet the conditions, requirements, and standards required by the zoning code in addition to other applicable local, state, and federal requirements including the Town of Gilbert adopted building codes and amendments, site flood control, and Maricopa County Health codes. 4. The proposed use, as conditioned, would not unreasonably interfere with the use and enjoyment of nearby properties. The proposed use, as conditioned is consistent in design with surrounding buildings and complies with the requirements of the Heritage District overlay as well as the underlying zoning and will not reasonably interfere with the use or enjoyment of nearby properties. Staff’s Findings of Fact 1. The proposed use will not be detrimental to health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general. 2. The proposed use conforms with the purposes, intent, and policies of the General Plan and its policies and any applicable area, neighborhood, or other plan adopted by the Town Council. 3. The proposed use conforms with the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements. 4. The proposed use, as conditioned, would not unreasonably interfere with the use and enjoyment of nearby properties. Redevelopment Commission Regular Session August 18, 2021 8 STAFF RECOMMENDATION Make the findings of fact and recommend approval to the Planning Commission for UP21-12, the Park a Conditional Use Permit for approximately 0.42 acres located at 33 E. Hearne Way to permit Entertainment and Recreation, Outdoor in the Heritage Village Center (HVC) zoning district, subject to conditions: 1. The Project shall be in substantial conformance with the site plan shown on the Exhibits provided under Attachment No. 4. 2. Live entertainment shall cease operations no later than 10pm Sunday through Thursday and by 12am Saturday and Sunday. (CORRECTION – 12 am Saturday and Sunday Friday) COMMENTS AND QUESTIONS Chair Sciacca requested the noise times and decimals repeated and was live music days and times set by applicant or staff. Sydney Bethel responded - prior from 5 A.M. to 10 P.M. it is 65 decimals, from 10 P.M. to 5 A. M. it is 55 decimals. Staff requested the live music standards. Chair Sciacca when the applicant expressed noise mitigated designs was there a noise study done? Sydney Bethel responded to her knowledge there has not been a noise study conducted. COMMUNICATIONS FROM CITIZENS Doralise Machado-Liddell is a Gilbert resident residing in the Heritage District. The concern expressed is not with the design, other than the fact that the Town is talking about a use permit, but this is not temporary it is permanent, and this goes with the life of the land. The applicant should consider facing the entertainment module toward the parking structure. Doralise asked how the 55 decimals, is measured. Code compliance does not work nights or on the weekends. The conditional use permit should require restrooms. A lot of the offenses seem to be urinating in public. O.H.S.O. does not have that many restrooms and they are small. Doralise is very concerned with noise and people will be sleeping and living there. She noted that the impact of this venue will be is like Shady Park. The Town has to be proactive not reactive and let the police, neighbors or code compliance deal with it. Bob Gutierrez, Sixty First Place Architects, addressed the Commissioners. Mr. Gutierrez stated that sound was considered in the design. The facility in Paradise Valley is with smaller speakers surrounds so he does not have to project it as much to the crowd. There will be mass loaded vinyl in the entertainment module. The applicant is his own neighbor, so he does not want a conflict of noise between the patio and the park. It is family oriented. Regarding the use, the applicant is leasing this from Mark Barlow. This property is a lot more valuable than what the applicant is paying. The applicant wanted to have something for the public while they wait for their table at Heritage District restaurants and feels the project will open up the downtown. The project will allow a place for people to hang out and the kids can play and then go to dinner. Redevelopment Commission Regular Session August 18, 2021 9 COMMENTS AND QUESTIONS Chair Sciacca inquired to staff, as far as other applications this is nothing unusual or groundbreaking or a new precedence proposed are the same or similar that are already seen in the District. Sydney Bethel responded that the only difference is being an outdoor venue it is triggering a conditional use permit. A Motion was made by Commissioner Bigelow to approve UP21-12, the Park a Conditional Use Permit, with the following conditions: 1. The Project shall be in substantial conformance with the site plan shown on the Exhibits provided under Attachment No. 4. 2. Live entertainment shall cease operations no later than 10pm Sunday through Thursday and by 12am Saturday and Sunday. With the following change to 12 am Saturday and Sunday Friday). Seconded by Commissioner Claassen. The motion passed 5-0 via roll call. 4. Z20-05 LDC Refresh: Release of the Draft Town of Gilbert Land Development 2 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. Per a Town Council directive, staff undertook an inhouse refresh of the Land Development Code under the supervision of a subcommittee. The LDC subcommittee was comprised of three Town council members. All meetings were publicly posted and open to anyone that chose to attend. The subcommittee and staff reviewed the LDC section by section and discussed potential changes, items to research, and proactive user approach that led to a reorganization with internal links. On July 7, 2021, staff presented the Draft LDC Refresh document to the Planning Commission and released it for a 21-day public review and comment. During this time, staff also reviewed the document looking for inconsistencies, readability, typographical errors and graphic clarity. Public and staff comments were gathered and categorized. The written public comments are attached for reference. The four categories of Public comment include:  Items not addressed within the Land Development Code (Density, Diversity, Real Estate Prices, Parks, Building Code Requirements and Noise).  Items that are addressed in the LDC, but the content was not amended, or the requested changes were larger than the parameters of the Refresh (Design Guidelines, All Multi- Family Standards, Parking, Noticing, Trees, etcetera). Redevelopment Commission Regular Session August 18, 2021 10   Text or graphic corrections/clarifications.  Items that were amended by the LDC Refresh (Definitions, Temporary Structures, Stepbacks, Use Benefit Easements, Cross Access, Planned Area Development Exclusions, Private Open Space Weather Protection, Garage Sizes, Parking Clearances, Entries, Bike Parking, Correction to a Mapping error on the Vertical Overlay Map, Height within the Heritage District Boundary, and Accessory Dwelling Units). Outstanding items were brought forward to the Planning Commission for discussion at the August 4, 2021 meeting. The presentation focused on public comment regarding items amended by the LDC Refresh. Two members of the public attended the meeting and provided additional feedback. The Planning Commission minutes are attached for the full discussion. Planning Commission provided the following direction based on the discussion.  Proceed with the building stepback modifications as proposed in the LDC Refresh.  Modify required double car garage size from 20’ wide x 20’ deep to 19’ wide x 20’ deep as recommended by the Home Builder’s Association.  As recommended by staff and the public, remove the Accessory Dwelling Unit language from the document and replace it with the existing Guest Quarters, Secondary Dwelling Unit and Facility Manager Dwelling Unit text. The Planning Team made a final review of the document for accuracy, clarity, and readability. Since July 7th all the input and document review changes have been tracked in a marked-up version of the LDC Refresh. The marked-up document and the final draft of the LDC Refresh were posted to the Planning Department LDC Refresh webpage at publication of this report. Heritage District Public comment and Planning Commission discussion items that directly pertain to the Heritage District are summarized below. Definition – Bedroom That portion of a structure designed to be suitable for sleeping purposes, which may contain closets, access to a bathroom, access to a kitchen, and meets Building Code requirements for access, light, and ventilation. Definition - Temporary Structure Anything constructed or erected that is readily movable and used or intended to be used for a period not to exceed 90 consecutive days, unless tied to an active building permit or approved through a pre-determined process with a time limit. Such structure shall be subject to all applicable property development standards for the district in which it is located. Use Benefit Easements – Single Family Detached within the Heritage District Boundary Direction was provided for clarification of the new graphic image highlighting the property boundary. Public comment was given regarding the potential to limit landscape within the use benefit easement (UBE) or the elimination of the need for it by requirement of a minimum 5-foot building setback for any residential property. One public comment stated that no single-family Redevelopment Commission Regular Session August 18, 2021 11 setback should be less than 10 feet. The Planning Commission was not inclined to modify existing Multifamily setbacks. No changes were recommended other than highlighting the property line. Cross Access Restrictions regarding crossing residential zoning to access non-residential zoning and vice versa were eliminated in the LDC Refresh to promote mixed use and infill development. Planned Area Development – Exclusions Staff clarified that the five areas of the LDC that are not applicable to a Planned Area Development (PAD) are land uses, supplemental land uses, signs, walls/ fences, parking ratios and any parking regulations that may be amended through a Use Permit process. The Planning Commission did not recommend any changes. Solid Roofs over Private Open Space and Drive Through Canopies. Staff clarified that the requirement for a solid roof covering over residential private open space was limited to the minimum REQUIRED private open space square footage (60 SF or 80 SF respectively). The solid cover over a drive through pertains to the entire canopy across the drive lane and encompassing the pick-up window area. The Planning Commission did not recommend any changes. SF-A The Single Family – attached written description included apartments as an example of a unit type. Public comment was received that they did not feel that apartments properly represented a Single Family – Attached product type. Staff agreed to remove the word apartment. The Commission concurred. Stepbacks Public Comment was received that stepbacks should be removed from the LDC. Staff had recommended adjusting how the stepbacks are measured to ensure proper buffering of single- family residential uses internal to the Heritage District and any uses on the perimeter of the Heritage District. The Planning Commission agreed with staff that the modifications were helpful and that stepbacks should not be removed from the LDC. Stepbacks Public Comment was received that stepbacks should be removed from the LDC. Staff had recommended adjusting how the stepbacks are measured to ensure proper buffering of single- family residential uses internal to the Heritage District and any uses on the perimeter of the Heritage District. The Planning Commission agreed with staff that the modifications were helpful and that stepbacks should not be removed from the LDC. Parking Clearances Public comment was received stating that parking clearances were an addition that should be removed. The current LDC does speak to parking clearances and staff simply made additional language clarification reflecting current policy. The Planning Commission did not recommend any changes. In addition, staff noted that a change was made to Side Clearance. Currently the LDC Redevelopment Commission Regular Session August 18, 2021 12 required that each parking space located at the end of a row of spaces shall provide a 3-foot wide area clear of vertical obstructions more than 6 inches in height, exclusive of landscaping, next to the side of the space. This was modified to 2’ clear to allow for a tree trunk. The Commission concurred. Median Entryways Clarification language was recommended by public for median entryways. Developers note that the typical width of a driveway entrance is 50’ which includes a 10’ median, and 20’ ingress and 20’ egress to meet fire lane requirements. Language was recommended to clarify that the maximum driveway width is for driveway entrances without a median. Staff concurred, as did the Planning Commission. Bike Parking There was a mistake in the body of the LDC Refresh for required bike parking. The text should read 4 bike parking spaces at each building entrance. The Planning Commission agreed. Vertical Overlay District As noted at the previous RC meeting, there is no Area 6 and the Heritage District is NOT included as a vertical overlay. This was a mapping error. Any modifications to height within the Heritage District would be made through a PAD rezoning ordinance. For further clarification staff noted that even if the mapping error had inadvertently been adopted, there is no supporting text and therefore no additional height could have or would have occurred. This error would have immediately been deemed a scrivener’s error and administratively corrected at the next available Town Council hearing. Accessory Dwelling Units The Accessory Dwelling Unit (ADU) changes were the most notable within the LDC Refresh. This single recommended modification received the most comment. After discussion at the July RC meeting and further input from residents and staff. Staff recommended to the Planning Commission to strike the new ADU text and insert the existing text for Guest Quarters, Secondary Dwellings and Facility Manager Dwelling Units. The existing text was to be modified to meet the new organization, but no substantive changes would be made. This item would be brought back to the Commission as a future text amendment. This would allow for more discussion, public input and possible separate language as it would pertain to the Heritage District land uses. Staff Text Pick-ups As noted above, staff made the edits to the LDC Refresh per Commission direction. In addition, staff has reread the LDC Refresh for clerical errors, cross reference corrections, and graphic errors. A tracking marked-up version of the Public Comment Draft LDC Refresh will be included on the LDC Webpage at the time of this staff report publication. LDC Webpage The clean Final Draft of the LDC Refresh will also be posted to the same page. Height in the Heritage District Single Family Zoning Districts This was the most discussed item during the Planning Commission meeting. Public comment was provided that an LDC text amendment creating the PAD Overlay for the Heritage District Redevelopment Commission Regular Session August 18, 2021 13 residential areas and the RC adopted the Heritage District (HD) Design Guidelines continue to limit property owner’s rights. Currently the LDC allows for 36’ max height with no story limitation in SF-7, SF-6, SF-D and SF-A within the HD. The Design Guidelines limit the architectural style in the Greenhaw neighborhood to Ranch style and in the Lacy Tract neighborhood to Bungalow, Farmhouse, Cottage, Territorial Ranch, Mission, or Arts and Craft. Other styles not listed may be approved by RC. Contemporary or Modern architecture is not permitted. The Design Guidelines further recommend that the homes in those neighborhoods be encouraged at 1-2 story in height. The reason that the LDC Refresh applied story limitation is that on small narrow lots the prescribed architectural styles are very difficult to design as a three-story home and look appropriately proportioned. After much discussion, and an unofficial vote, the Planning Commission decided to direct staff to leave the story limitation in the LDC Refresh. Any additional Redevelopment Commission input is encouraged at this time. REASONS FOR THE RECOMMENDATION 1. The proposed zoning amendment conforms to the General Plan as amended, any applicable Specific Area Plan, neighborhood, or other plan and any overlay zoning district. 2. All required public notice has been conducted in accordance with applicable state and local laws. 3. All required public meetings and hearings have been held in accordance with applicable state and local laws. 4. The proposed rezoning supports the Town’s strategic initiative for Community Livability. It supports the motto “Gilbert: Clean, Safe, Vibrant.” COMMENTS AND QUESTIONS Chair Sciacca inquired if there are any specific differences for the solid roof detached or unattached? Amy Temes responded the code does not restrict or speak to that; it could be done either way. Chair Sciacca inquired is modern versus contemporary subjective from a staff level? What if somebody brought something that is borderline? Amy Temes responded at any time a decision can be elevated and brought to the Commission for review. It is stated in the design guidelines. Commissioner Bigelow made a comment in Greenhaw if we were only to go two stories but still allow 36 feet that would look more out of place and disproportionally than if we allowed three stories. Amy Temes responded there are some ranch style renovations that could add dormers that were added for skylight purposes or clear story windows. Other architectural features that could enhance the roof line but not necessarily provide another floor, but the 36 would allow more pitch flexibility. Redevelopment Commission Regular Session August 18, 2021 14 COMMUNICATIONS FROM CITIZENS Doralise Machado-Liddell is a Gilbert resident residing in the Heritage District. She stated that three (3) stories at 36 feet allows for flexibility. Ms. Liddell stated that in the Lacy Tract area one of the comments from the Planning Commission was consistency with other SF-6 properties within Gilbert. There is not any consistency in Lacy Tract and there never has been. Ms. Liddel stated that it is important to allow the property owners the flexibility to come up with a design that would be appropriate such as the attic or living space and asked that it remain the same. The Lacy Tract and Heritage District are always under the guides of changing the zoning. She suggested that the private sector should be responsible for coming come up with the design and plans. COMMENTS AND QUESTIONS Commissioner Claassen discussed the two stories versus 36 feet and consideration of basements with two stories. He asked if that considered three stories? Amy Temes responded and clarified if the dormers are in an attic space that is not livable condition space it would not count as a third floor. It would have to be livable conditions. Regarding basements, as long as the basement does not project greater than 6 feet above ground it is not considered a floor. Commissioner Kendel inquired in regard to contemporary versus modern, has that been defined? Amy Temes responded no it has not been defined. Architecture and architecture styles are somewhat subjective. It would be studied for proportions, features, various elements, and staff has “cheat sheets” that have been gathered from various reliable architectural sources that are used as guides. If staff is not sure, they have the ability to elevate the decision to the RC for review. Commissioner Mehan inquired if an applicant had a design, and it is three stories in a style that is not typically three stories will all of those applications still go through the design review process? Amy Temes responded that custom homes do not come before the RC unless staff elevates it as part of the guidelines. Commissioner Mehan inquired as to the conditions that are listed, the condition A to approve is it to keep it three stories or dropping it to two stories. Amy Temes responded it is dropping it to two stories. The Planning Commission kept the recommendation from Land Development Subcommittee and staff to change it to two story. Currently in today’s code it is three stories and in the LDC refresh it is two stories. If you wish to take it back to three stories that would be an additional condition of approval that you would add under Appendix 1 graphics. The Commissioners discussed two stories versus three stories and considering the lot sizes and single-family homes, height being tall and narrow and basement options. They confirmed the 36 feet does not change it is limiting the opportunity to use that 36 feet for two floors versus three floors. Amy Temes commented that if a three-story project came to staff, a modification with a rezoning and public hearing could take place for approval, requesting a third floor if the LDC is changed to two floors. It is highly unlikely. It is also highly unlikely a variance would be granted. The Commissioners requested Amy Temes thoughts. Amy Temes responded that she does not like to limit creativity. However, Ms. Temes did also hear what the neighbors were saying in the Redevelopment Commission Regular Session August 18, 2021 15 public comments processes over the last several years and a majority of people seemed to want to move forward with homes or development, that in these areas, tend to want character and be unique. Every house in Lacy Tract and Greenhaw is different. Ms. Temes also stated that if there are no limitations put in place, a less than adequate homes design could be designed and constructed and there would be nothing anyone could do about it. The charm of the neighborhood is not moving in the direction envisioned. The Refresh was trying to look at what would be a typical properly proportionally sized homes on the lots within these neighborhoods. Proportions can get out of whack when the goal of achieving square footage outweighs the design aspect of what is proportionally proper. Commissioner Kendel inquired regarding the accessory dwelling unit (ADU) we heard the public comment on their property rights and allowing renters and separate quarters. How is that addressed and where is it at now? Amy Temes responded that the ADU language was removed from the LDC refresh because there were multiple concerns regarding grandfathered rights. Prior to the LDC the ULDC did not require a use permit or an administrative use permit for a secondary dwelling. A resident could pay the additional development fee, like building a brand new house, and did not have to get a conditional use permit. that person had the right to rent and the right to a full kitchen. Then when the LDC came online a use permit requirement was applied. Along the way it changed from a conditional use permit to an administrative use permit to help limit the public hearing process, but the neighbors would still be noticed. The Refresh was taking it the next step. Currently we are finding the guest quarters that are allowed are being used like secondary dwellings, we were finding that a lot of people are circumventing the system by building the guest quarters, and then after it was finished they were putting in kitchens and renting it, which is not legal under code. Now you have safety hazards. They were confirmed to a secondary dwelling and within the building envelope except when it is a loft. Multiple dwellings on the same property were being rented and turning into party vacation rentals. It was determined that owner oversight was necessary, but there were grandfathered owner rights. At the current time you can have a guest quarter attached to your house, it cannot be rented, cannot have a kitchen, there are requirements that it aesthetically match the primary structure and it is temporary, Someone can visit and stay there and then leave it is not to be lived in for an extend period of time. A secondary dwelling, by right under the ULDC and under the LDC with a conditional use permit or an administrative use permit can be rented, it can have kitchen, must have parking, and you can have a loft above the garage. Facility dwelling manager is in the code today but only applies to specific uses such as care takers, a pastor, a manager, or a nursery that needs grounds keeper on site, there are approximately 20 uses in the code. STAFF RECOMMENDATION For the reasons noted in this staff report, staff recommends that the Redevelopment Commission recommend approval to the Planning Commission for Z20-05: LDC Refresh, subject to the following conditions: A. Amend 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. Redevelopment Commission Regular Session August 18, 2021 16  B. Amend Chapter II Design Standards and Guidelines C. Amend Chapter III: Subdivision Regulations D. Glossary of General Terms E. Appendix 1: Graphics A Motion was made by Commission Claassen to approve Z20-05: LDC Refresh, subject to the following conditions: A. Amend 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. B. Amend Chapter II Design Standards and Guidelines C. Amend Chapter III: Subdivision Regulations D. Glossary of General Terms E. Appendix 1: Graphics F. With the condition of approval that within the Heritage District that SF-6, SF-7, SF-8 and SF-D to be permitted 36 feet and 3- stories by right. Seconded by Commissioner Bigelow. The motion passed 5-0 via roll call. COMMUNICATIONS Report from CHAIR on current or future events No comments or updates Report from COUNCIL LIASION on current and future events  Council Liaison Tilque Thanked the Commissioners for their time and thoughtful questions and comments on the LDC Refresh.  Last night the Council heard the Brundrett Building process for the rezone. It was continued to the second meeting in January to come back with a revision to the plans to come together with a collaborative effort.  Approved the Water Tower Plaza water treatment improvement, the water should be back on soon in the next few months.  Heritage District utility infrastructure study and the Heritage District intersection traffic congestion study were funded. Redevelopment Commission Regular Session August 18, 2021 17 Report from COMMISSIONERS on current or future events No comments from Commissioners Report from STAFF LIASION on current and future events Amanda Elliott provided the following updates.  The Paseo, an essential public amenity in the redevelopment plan, is a pedestrian and bicycle car free path from Elliot Road to Juniper Avenue is in pre-design to start examining the various elements, the geometry, the engineering and validating costs. The Town held a public meeting and survey on design options. The survey opened June 24 and closed July 16 with more than 1,100 responses. There will be additional in person meetings to solicit feedback this fall.  On June 28 five new passenger loading zones for ride share, drop offs were added with over 2,500 trips by Uber.  An RFP for the South Anchor mixed use 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.  The pedestrian bridge at Power Line Trail is now open with a ribbon cutting to take place on August 26 at 6:00 P.M.  An open house was held on August 12 for the Town-wide Shade and Street Scape Master Plan. This plan is being developed to create a healthier more livable community, creates strategic investment maintenance and growth for urban forest and engineered shade.  The Heritage District circulation plan. This plan is a long-range transportation plan and vision for the Heritage District. It started with an intersection study that examined the capacities for each intersection but really builds out to an overall need to look at circulation holistically and that is not just car traffic, it is also how the Town moves pedestrians, bicycles, micro mobility and to look at as a complete district.  The infrastructure study for the utilities. This study provides a complete and comprehensive analysis of the utilities that are in place, gaps and deficiencies in the Heritage District and will look at smart technologies. The majority of this land was primarily single family and is now moving to commercial, so the Town wants to ensure that the utilities are met as the district builds out.  There is work being done at the Water Tower to bring the splash pad into County code and should be complete at the end of September. Redevelopment Commission Regular Session August 18, 2021 18 ADJOURN REGULAR SESSION Chair Sciacca adjourned the Study Session at 8:11 P.M. __________________________________ Peter Sciacca, Chairman Redevelopment Commission Regular Session August 18, 2021 19