Redevelopment Commission

TOWN OF GILBERT REDEVELOPMENT COMMISSION MINUTES OF REGULAR MEETING MINUTES SEPTEMBER 15, 2021 6:00 P.M. GILBERT POLICE DEPARTMENT AMPHITHEATRE 75 EAST CIVIC CENTER DRIVE GILBERT, ARIZONA 85296 COMMISSION PRESENT: STAFF PRESENT: Peter Sciacca, Chair Dan Henderson, Economic Development Director TJ Claassen Amanda Elliott, Redevelopment Program Manager Casey Kendel Sydney Bethel, Redevelopment Specialist Cassandra Mehan John Baird, Assistant Town Attorney (Teams) Jocelyn Smith, Administrative Assistant COMMISSION ABSENT COUNCIL LIAISON PRESENT: Boe Bigelow Kathy Tilque, Councilmember CALL TO ORDER OF THE REGULAR MEETING Chair Sciacca called the regular meeting of the Redevelopment Commission to order at 6:00 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. No communications from citizens. ADMINISTRATIVE ITEMS 1. Meeting Minutes – Consider approval of minutes from the Regular meeting held on August 18, 2021 MOTION: Commissioner Kendel moved to approve the minutes of the August 18, 2021, seconded by Commissioner Claassen. Motion passed 4-0 via roll call. Redevelopment Commission Regular Meeting September 15, 2021 1 STUDY SESSION 2. DR21-87 THE PARK - DESIGN REVIEW: 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 was seen at the Study Session on August 18, 2021 and commissionerfeedback was provided. The request before the Commission tonight is a formal approval for the 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. There are two additional cases approved. UP21-12 Conditional Use Permit (CUP) to allow entertainment and recreation, outdoor that was approved by the Planning Commission on September 1, 2021 (7-0 Vote), Condition of Approval added to prohibit DJs from performing on- site. UP21-11 Administrative Use Permit (AUP) to allow off-site parking in HVC (25 spaces total) approved administrative by Zoning Administrator on September 15, 2021. This project is part of the master plan to the existing O.H.S.O. development. 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 as an internal connection located on the east side on the southeast portion. The site plan is split into three individual uses as part of this mixed-use site. The first is a retail component that is located on the northern portion of the development, approximately 480 square feet. The retail component will have retail opportunities both along Hearne Way and internal to the site. Located on the east side of the site is a small entertainment module that is approximately a little under 160 square feet intended to house AV equipment for projectors and a small stage that is 9’ by 20’ for small outdoor music type events to occur. The intent of this is to have small duos not large scale musical acts, and as discussed from the CUP, prohibition of an onsite DJ was added as a condition of approval as well as hours of operation for live entertainment to end by 10:00 P.M. Sunday – Thursday and 12:00 A. M. on Friday and Saturday. In the center of the site is the proposed food and beverage concession module that will be run and operated by O.H.S.O. It will operate in a similar manor to that of a food truck. The internal portion of the site will primarily include grass (Hybrid Bermuda) and compacted decomposed granite for internal walkways. Along Hearne Way and Bricomp Boulevard is the primary amount of the landscaping plant materials. The plant materials are similar to or within the approved Heritage District Design Guideline Plant Palette. The elevations that were seen by the Commission last month have not changed substantially since the second submittal. They did address some of the Staff and Commissioners’ concerns Redevelopment Commission Regular Session September 15, 2021 2 with items such as the screening for the roof mounted mechanical equipment which has now been changed to a solid material for concealment and wrapping of the wood planking around the sides of the modules where it is visible from the right of way. The elevations being presented tonight are very similar with those items adjusted in order to comply with Staff and the Commission. As mentioned in the study session this is a single-story development. In the Heritage Village Center Zoning District, applicants must request Commissioner approval for single-story development. The minimum is two-stories or 35’. The highest height of this proposed development is approximately 15’ and as such would be single story. In order to allow for the single-story development in the Heritage District, staff addedthe finding of facts. This is permitted through the Land Development Code subject to approval from the Redevelopment Commission. The applicant provided renderings of the internal and external views (slides shared by Sydney Bethel) to provide a full picture of what the project will look like including colors and materials. The internal outdoor site lighting has been proposed 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 poles located on the perimeter of the site. The festival lights are fully shielded downwards and are set back a minimum of 10’ from the property line, limiting the potential light pollution that could detract from the award-winning Hearne Way streetscape. All site lighting complies with Town codes. During the study session there was a lot of discussion on the occupancy plan and restrooms. The applicant provided a preliminary occupancy plan for staff review. The official occupancy limit and number of restroom facilities will be determined during the construction document submittal review. This is typically not required during a design review submittal. The Building Division has determined through a preliminary review that O.H.S.O does have an adequate number of restrooms available to accommodate the new development. A preliminary occupancy plan for reference was included in the attachments. The fencing was a large discussion, specifically concerns with the planter portion of the fencing. The fencing is a combination of 4’ steel fence, a solid block wall, and also 2’ planters. The planters are relatively small. There is a tree proposed that can grow up to 18’ x 18’ at full maturity. As it is in a planter it will stay relativity small but will provide some additional heightened screening to address some of those concerns with security. O.H.S.O. will also be providing security for this site the same security and clean-up team they use at their existing establishment. In addition, the security plan has been reviewed and approved by the police department. They added gates so that it can be closed at night. The other concern that arose during the previous meeting was in relation to noise. The entertainment module will be small scale with no DJ and limited hours of operation, and it is required to comply with the Town noise ordinance. The closest residence is located 220’ to the east of the site. The existing commercial developments will enclose this development from the surrounding area. Sydney Bethel shared a slide, noting a professional noise study study was not completed but a diagram was provided to show the entertainment module facing towards the existing office to the west, as opposed to facing the east side where residences are located behind the Hearne Way Garage. The surrounding infrastructure will help with noise mitigation. Redevelopment Commission Regular Session September 15, 2021 3 This project was required to be publicly noticed, a mailing and signs were posted on the site. To date, staff has received no comment on the design review application. There was public comment on the conditional use permit that was related to noise from the live entertainment section. An additional condition of approval regarding the DJ was added based off that resident’s input in the Planning Commission meeting. Staff is recommending approval of the project. There is one additional condition of approval that was requested to be added by the Engineering Division to require in the construction document submittal that any outstanding comments be addressed. This is referring to the preliminary grading and drainage plan. There were minor comments that need to be incorporated into the construction documents (CDs) to be approved with markups. Staff added this condition so that it is clarified for the construction document submittal. STAFF RECOMMENDATION Approve the Findings of Fact and approve 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, subject to conditions: 1. Construction of the project shall conform to the exhibits approved by the Redevelopment Commission at the September 15, 2021 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 for monument signage. 4. Any outstanding comments from the Engineering Division shall be incorporated into the Construction Document Submittal. FINDINGS OF FACT DR21-87, The Park 1. The project as conditioned is consistent with the applicable Design Guidelines. 2. The project conforms to the General Plan, and specifically to the Land Use, Community Design, and Environmental Planning Elements. 3. The project is consistent with all applicable provisions of the Zoning Code. 4. The project is compatible with adjacent and nearby development. 5. The project design provides for safe and efficient provisions of public services. Redevelopment Commission Regular Session September 15, 2021 4 6. The single-story building height is consistent with the Redevelopment Plan and the character of the Heritage Village Center (HVC) zoning district. COMMUNICATIONS FROM CITIZENS AND APPLICANT No communication from citizens. No comments or communication from the applicant or owner. COMMENTS AND QUESTIONS Commissioner Mehan – Do we know the heights for the adjacent commercial and parking structure? Sydney Bethel responded: the parking structure is a little over 78’ at its tallest point (four stories), the Barlow building is approximately 20’, O.H.S.O. is 36’ and Culinary Dropout is around 32’. There are varying heights in that area. Commissioner Kendel – What is the definition of a DJ? Sydney Bethel responded: We do not have a definition of a DJ in the Land Development Code. The definition would be defaulted to the Webster’s dictionary of a disc jockey or would follow an agreed upon definition. Commissioner Kendel – When there is no live music on the stage, will there be background music played? Sydney Bethel responded: Yes, they plan to set up a number of small speakers for music to be played in the background. Chair Sciacca commented venues with DJs can provide light music that is refreshing. If it is done properly, he is not opposed to having a DJ. Sometimes a definition of DJ and small band can be vague and subjective. Is this something staff can revisit and do it in a way where it does not hinder or handicap the applicant wanting to create that vibe? These seem to be restrictive if it is not clarified more? Sydney Bethel responded: to provide some background, that condition was made during the Planning Commission meeting and that is why it was not fully vetted as a condition.. Unfortunately, since it was already approved by the Planning Commission, this Commission does not have the ability to amend it. Staff will do their best with the property owner in order to enforce the condition if issues arise. However, in order to amend, the review would have to go back toPlanning Commission. Chair Sciacca – There are two more steps after this for the applicant, correct? Sydney Bethel responded: this is the final step, Redevelopment Commission is the approving body for the design review. The other steps related to the administrative use permit have been completed as of today.. Chair Sciacca – They do have to get a liquor license for changing their serving premise and they have to submit construction documents as well. The question is when you do you think they may break ground? Redevelopment Commission Regular Session September 15, 2021 5 Sydney Bethel responded: she is not certain of the timeline when they plan to break ground, but it would take them at least three months to go through construction documents submittal and then build. Chair Sciacca – This is a two-year conditional use permit. It takes three months to complete construction documents, three months to do a build if all goes well, they can be open for business in six months and then a couple months before the termination of this conditional use permit are, they coming back here or if all is well it is automatic. Some town and cities do automatic renewal of conditional use permits if things are planned out prior to approval. Sydney Bethel responded: This originally was brought forth as a temporary project, but our code does not have any provisions for temporary commercial projects of this scale. We do not have any time limits on this project.The developer plans for it to be a short amount of time (two-years) but from our code and through our conditions we did not put a specific time limit on their use. Their use runs with this design review and the the site plan. It runs the length of this development; we can revoke the use permit if the conditions of approval are not met. Chair Sciacca – As long as the landlord and the tenant have an agreement it can go on in perpetuity. Sydney Bethel responded: Yes, they have to follow all of our codes and they can run in perpetuity. Commissioner Mehan – Clarification on our scope with reviewing grading and drainage. In reading the summary and it is saying no on-site retention is required and that it is generally approved utilizing existing storm drain. Will Engineering be reviewing slopes and materials? Are we reviewing materials and how that drains water? Is that our scope with grading and drainage or what are we voting on this? Sydney Bethel responded:Your purview is over the preliminary grading and drainage. That is the one document that was included in your package and the engineering division has reviewed all of those additional items will be addressed in construction documents which is just under administrative purview with our development team. Commissioner Kendel - With it being a temporary commercial development spanning indefinitely, what is the plan? With the two years are there any additional plan past two years as far as a permanent structure or additions or anything like that? Robert Gutierrez, Sixty First Place Architects, responded: The way the code works, the structures will be designed as permanent structures. We are putting fire protections systems in it; we must be to the code. If everything worked out and the owner of the property didn’t get a great offer, which eventually he is going to get, it would be there as long as the landlord allowed. The plan is to make it work, to be a part of the community as long as possible until such time that the owner of the property decides to split or develop it in some other way. The two years in my narrative, what I was referring to was the minimum time the process would take.. If the owner got a developer, decided to sell this property, and somebody decided to build something, it would take a year for them to design it and maybe a year or two years to get it through the city, so my point was that we are building smaller structures and using the outside because we are not going to do a full on development. We know that the owner at some point would like to get more value for his money. It could be temporary, but he may love Brian and love having this in his backyard and it may go on and on. Redevelopment Commission Regular Session September 15, 2021 6 Commissioner Claassen: Within our purview the materials and colors schemes on the exterior elevation, if for example a suggestion was made to eliminate the arches on the modules, would that trigger the applicant having to resubmit to us or could that be done administratively? Sydney Bethel responded: That could be completed administratively. The only things they would have to come back toyou for is an expansion over 5,000 square feet or if they wanted to amend one of the conditions of approval. Commissioner Claassen: It is very close, exciting and it is going to be great for the area. He agrees with Staff that eliminating the arch to roof tops could help aesthetically and the reclaimed wood was an attemptto meet the town code by minimizing the amount of metal surface on the exterior facade. How long is reclaimed wood going to be in style? Commissioner Kendel: In regard to occupancy and the number of people that are allowed in when you consider restrooms, seating, those types of things, will there be a control at the front gate that is going to control who is coming in and out? Sydney Bethel responded: They will have their traditional occupancy sign inside the development. It is unknown if they will track the number of people coming in. They will have to comply with the occupancy number. Chair Sciacca: Does the applicant have the right, if there is an annual event or a reason for more attendees, can they bring in portable restrooms? Sydney Bethel responded: She is unaware of the answer; however, they would still be restricted to their occupancy limitation. Chair Sciacca commented it is a great land use, it is better than dirt. The Town of Gilbert has a great reputation of working with applicants and the downtown has great dynamics. He is excited for what is presented and what we are approving and excited to see how it evolves even if they need to make changes. It is awesome, like similar venues throughout the valley, a great thing for our downtown. A Motion was made by Commissioner Kendel to approve DR21-87 The Park, with an addition of condition - 4. Any outstanding comments from the Engineering Division shall be incorporated into the Construction Document Submittal. seconded by Commissioner Claussen. The motion passed 4-0 via roll call. Report from CHAIR on current or future events Chair Sciacca announced his four-year term is up next month. Applications for the Redevelopment Commission are due September 19. It is fun and interesting, and suggested to listeners and attendees to recommend applying or recommend family or friends apply.. Report from COUNCIL LIASION on current and future events  The public hearing notice of intent for water improvement system development fees is open until November 16. Redevelopment Commission Regular Session September 15, 2021 7   The September 11th Memorial Event occurred at Town Hall andthe watertower was lit up for the memorial. Twin blue lights came on at dark.  Thanked O.H.S.O. for their investment in downtown.  With the opening of the pedestrian bridge, according to the Strava app more than 19,000 trips have been logged over the bridge since July 30. The Parks Department has estimated that there has been about 100,000 users. It is getting a lot of use. Report from COMMISSIONERS on current or future events Commissioner Kendel thanked Chair Sciacca, if he is not seeking reseating, for his mentorship and guidance. He looks forward to taking everything that Chair Sciacca has shown him into the future. Report from STAFF LIASION on current and future events Amanda Elliott provided the following updates.  The banners in the Heritage District have been refreshed.  The University of Arizona School of Nursing Program is building out the fourth floor of the University Building. and in the fall 2021 semester, the University of Arizona School of Nursing has 234 students enrolled in our downtown and Park University has 500 students enrolled. Really exciting numbers as we see students bringing some new energy into the Heritage District.  Opening this fall, Heritage and Home and Forever French Baby will bring children’s apparel and home goods in one location at the Heritage Court which is located off Gilbert Road and Cullumber Avenue.  A reminder from last month’s Redevelopment Commission meeting that a Request for Proposal for the development of a mixed-use project identified in the 2018 Redevelopment Plans as the South Anchor is open for developers. It is approximately 2.1 acres at the northwest corner of Gilbert and Elliot Road. That RFP is open until October 11, 2021.  The fall downtown concert series which is presented by Openshaw Real Estate Group will take place each Thursday from 6:30 P.M. – 8:30 P.M. beginning October 7th through October 28th. A great opportunity to grab a blanket or lawn chair and bring your family and friends to a concert under the Watertower Plaza.  The Gilbert Farmers Market that runs on Saturday’s hours change in the fall, beginning in October the hours will be 8:00 A.M. – 12:00 P.M. Redevelopment Commission Regular Session September 15, 2021 8  Starting October 6th, ballots will be sent to all eligible voters in Gilbert for the 2021 all- mail special election. In this election, voters will decide whether or not to approve a $515 million general obligation bond. The Streets, Transportation & Infrastructure-Related Improvements Bond would fund projects intended to enhance the safety of our citizens and ease daily commutes. The bond measure would also address aging infrastructure of our community by reconstructing current roads, building new roads and transportation systems, and investing in transportation-related technology. The bond would be paid for by a secondary property tax within the current rate of $0.99 per $100 of assessed value. The Gilbertaz.gov webpage provides information related to the bond. You can click on an orange highlighted area to learn more about the projects and find frequently asked questions. Projects in the Heritage District:  Vaughn Avenue Ventilator – The project will extend Vaughn Avenue west from its existing dead-end to run parallel with the Union Pacific Railroad track, until it connects to Neely Street, according to the Heritage District Redevelopment Plan. The extension is expected to alleviate traffic on Gilbert Road, downtown’s only main entrance and exit. The project is at 30% of predesign, this would allow the Town to continue those efforts.  Vaughn Retention Basin - This project would allow for improvements to storm water drainage and based on the Storm Water Drainage Master Plan evaluates those capacities and deficiencies and options for storm water and flood plain management. The basin collects a great deal of the water from storm water runoff.  Median Improvements - Improve and beautify raised medians in Gilbert Road between Juniper Avenue and Elliot Road.  Ash Street Re-alignment – The project looks to extenuate Ash Street and bring it south and tie it into Cullumber creating additional traffic efficiencies.  Phoenix Avenue Pedestrian Mall – Working with the UPRR to obtain right of way with the intent to tie in opportunities to traverse along the UPRR without illegally crossing over. As part of this overall effort, the Town will look at how the Paseo, that north south connection, then ties in with the Phoenix Ave.  Heritage District Parking Garage III (Location to be determined) - The pre-design, design, and construction of the additional multi-story parking garage. Working on a Parking Master Plan that will help the Town identify where that parking garage would go and ultimately the Town’s policy onbuilding, maintaining, operating, and replacing parking infrastructure in the future. There will be future policy related conversations. Redevelopment Commission Regular Session September 15, 2021 9 ADJOURN REGULAR SESSION Chair Sciacca adjourned the Study Session at 6:46 P.M. __________________________________ Peter Sciacca, Chairman Redevelopment Commission Regular Session September 15, 2021 10