Redevelopment Commission

TOWN OF GILBERT REDEVELOPMENT COMMISSION Gilbert Municipal Center Council Chambers 50 E. Civic Center Drive, Gilbert, AZ December 20, 2023 COMMISSION PRESENT: STAFF PRESENT: Casey Kendel, Chair Tim Torgeson, Council Member Cassandra Updike, Vice Chair John Baird, Deputy Town Attorney Adam Baugh Amanda Elliott, Redevelopment Program Manager, TJ Claassen Office of Economic Development Boe Bigelow Sydney Bethel Price, Redevelopment Project Manager, Office of Economic Development PRESENTER: Kristen Devine, Planner II, Development Services Ashlee MacDonald, Principal Planner, Development Services CALL TO ORDER OF THE STUDY SESSION Chair Kendel called the study session of the Redevelopment Commission to order at 6:03 p.m. Chair Kendel reported that no motions are required for the study session items. 1. DR23-136 BOTTLED BLONDE: Site plan, landscaping, grading and drainage, elevations, floor plans, lighting, and colors and materials for approximately 0.19acres, generally located on the east side of Gilbert Road between Vaughn Avenue and Page Avenue and zoned Heritage Village Center (HVC). Kristen Devine (480) 503-6742 Planner Devine reported that the applicant is proposing to develop a full-service bar and restaurant, and staff is requesting general feedback on the project as well as input on elevations from the Redevelopment Commission. Planner Devine indicated that the site is approximately 0.19 acres and is currently zoned as Heritage Village Centre (HVC). The proposed development is a two-story building to be used as a full-service bar and restaurant. This use is permitted in the heritage center. The first floor would be 6,742 square feet and would include the main kitchen, bar, dining area, and restrooms. The second floor would function primarily as a patio with a retractable roof and windows. It would include a second dining area and bar and would measure 4,388 square feet. The building would be constructed mainly of colored blocks accented with corrugated decorative metal and metal canopy features. The northwest corner will have a decorative metal tower entrance. The staff has requested that the applicant provide additional information on the proposed color scheme for the building since there are inconsistencies in the provided renderings. The building would be ten feet from the property line and include a switchback ramp leading to the front door. Redevelopment Commission December 20, 2023 1 Landscaping is minimal and includes a yucca planter with a bench and the street tree required for the site. Two potential mural locations have been identified on the south and north sides of the building. Planner Devine noted that the applicant is meeting the Heritage District guidelines that require the first floor to have 75% transparency. The applicant is also proposing to place the windows at booth height to address residents’ concerns regarding the interior of the business being too visible from Gilbert Road. A neighborhood meeting was held on September 12, 2023. There were 19 attendees noted on the sign-in sheet. A variety of concerns were raised, including use, loss of current building on the site, and transparency from Gilbert Road. Chair Kendel thanked Planner Devine for the presentation, reminded the Commission that a vote is not required on this item, and opened the floor for questions and comments. COMMISSION QUESTIONS/COMMENTS Commissioner Baugh asked for more details on what the precast concrete and bottles would look like. Planner Devine clarified that this would be part of the tower feature above the walkway, and the applicant reported that wine bottles would be used. Commissioner Baugh asked whether the glazing on the bottom floor could be opened onto the street, and Planner Devine replied that it could be opened. Commissioner Baugh asked if there are any restrictions on hours of operations or noise levels in the HVC and whether those restrictions would apply to when the building’s windows must remain closed. Planner Devine reported that there are no applicable restrictions in the zoning code and the noise ordinance in the Municipal Code would apply. Commissioner Baugh supported the use of rooftop and windows to enhance the experience and raised a general concern that the experience of people on the street and in the broader Heritage District remains positive now and in the future. He noted that the proposed intensity of the use currently seems compatible with the district and that compatibility must be maintained in the long term. Commissioner Baugh asked how the retractable patio roof would work and expressed interest in how it would contribute to noise baffling and long-term compatibility. Planner Devine showed some drawings to illustrate its functionality. She did not have information regarding the type of material used in the retractable roof. Lindsay Schube, Gammage & Burnham, PLC, spoke on behalf of the applicant. She noted that work is ongoing to identify the retractable roof to be used, and the applicant is cognizant of the need to address noise concerns. Commissioner Baugh asked for clarification on the height of the finished floor of the interior versus the finished floor of the sidewalk. He pointed out that if the interior height is significantly higher than the exterior, visibility from Gilbert Road will be affected. Lindsay Schube confirmed that the finished floor is approximately 18 inches above grade and will also be screened by the planters and the windows. Commissioner Bigelow expressed concern that there is no setback on the north side of the building, and the proposed windows will be affected if the adjacent owner chooses to rebuild to the lot line. Planner Devine indicated that work is continuing with the Town’s Building and Fire departments on this issue. Commissioner Claassen and Chair Kendel supported Commissioner Bigelow’s comments. Vice Chair Updike asked if the south windows could be opened. Planner Devine confirmed that all proposed windows would be operable. Redevelopment Commission December 20, 2023 2 Planner Devine confirmed that there are differences in the 2D and 3D renderings that were submitted, including the colors of the building materials and the elevation of the trees on the adjacent property. A materials board will be submitted to the Commission for review at its next meeting. She confirmed that there is a requirement for one street tree. Vice Chair Updike suggested that the trees on the adjacent property could have some sound-dampening effects. She asked if there were any noise standards in the Heritage District. Planner Devine replied that the municipal code would apply. Staff also asked the applicant to submit a speaker plan and a security plan. Planner Devine indicated that the business would use community compactors for garbage removal. Commissioner Claassen stated that the building design is appealing and it will be a good addition to the Heritage District. Chair Kendel requested additional information about the location of signage for the project. Planner Devine noted that more detailed concepts for signage could be requested in the design review. Chair Kendel replied that details on the expected location of signage would be adequate. Chair Kendel agreed that another study session is not required, and the project could be reviewed at the public hearing stage. In addition, an invitation will be sent to the applicant to provide additional resources for the Commission’s consideration, including more information on the type of rooftop enclosure and when and how it would be used. 2. GP22-16 LUMBERYARD: Request for Minor General Plan Amendment to change the land use classification of approximately 8.5 acres generally located east of Neely Street between Cullumber Avenue and the railroad from Industrial (I) to Residential > 25-50 DU/Acre. The effect of this amendment will be to change the plan of development to allow a multi-family residential development. Kristen Devine (480) 503-6742 AND 3. Z22-16 LUMBERYARD: Request to rezone approximately 8.5 acres generally located east of Neely Street between Cullumber Avenue and the railroad from the Town of Gilbert General Industrial (GI) zoning district to Multi-Family High (MF/H) zoning district with a Planned Area Development overlay zoning district (PAD). The effect of this will be to allow a multi-family residential development with modified development standards as follows: reduction in open space. Kristen Devine (480) 503-6742 Planner Devine reported that agenda items 2 and 3, GP22-16 Lumberyard and Z22-16 Lumberyard, will be addressed at the same time. Commissioner Baugh abstained from the discussion of these items due to a conflict of interest. Planner Devine reported that the applicant is proposing to rezone the site to build a multi-family community. It is being submitted to the Commission since it is located within 1000 feet of the Heritage District. Feedback is required on the proposed general plan amendment and rezoning and the proposed deviations being requested by the applicant. Redevelopment Commission December 20, 2023 3 The 8.5-acre site is currently classified as industrial. The applicant is proposing a general plan amendment to residential, 25-50 dwelling units per acre. The applicant is also requesting a rezoning from a general industrial to a multi-family high. The site is located within the long-range planning area within the Heritage District Redevelopment Plan. In that Plan, the preferred use of the site is multi-family, park, retention, and transit. The proposed use falls within the preferred land use and will be beneficial to the Heritage District by providing a density of housing within and around the Heritage District, which produces an 18-hour downtown, attracts retail users, and generally supports the vitality of the district, creating a more sustainable and self-supporting downtown. The site has a proposed density of 35.3 DU/acre with a total of 300 units. It will have three buildings: one three- story building will face Neely Street, one four-story building at the back of the site, and one building in the center of the site, which will be four stories. Access to the site will be from Neely Street. Parking is included on site, and an eleven-foot landscaping buffer will be provided. Planner Devine noted that the project does not currently include adequate parking, and staff is working with the applicant on this issue. With the rezoning, the applicant is requesting a PAD with two deviations: a parking reduction and a reduction in open space. Planner Devine indicated that a PAD is not an eligible avenue to request parking deviation, and the applicant has been asked to remove this request from all documents. The open space requirement for the project is 40%, and the applicant is requesting 36% because the site offers private open space, and the Town of Gilbert is building a retention basin just north of the site that residents could utilize. However, Planner Devine pointed out that private and common open spaces are two separate requirements in the development code and must be addressed individually. Planner Devine reported that multiple neighborhood meetings were held in 2023, and resident concerns included issues such as density, parking, proximity to neighboring industrial, and traffic. COMMISSION QUESTIONS/COMMENTS Vice Chair Updike asked if the requirement for open space could be met by installing rooftop gardens. Planner Devine confirmed that rooftop green space could be included as open space. Vice Chair Updike suggested that the proposed building heights should be clarified before this is suggested as an option to the applicant since they may already be at maximum height. Commissioner Claassen asked whether landscaping on balcony spaces could also be used to meet the open space requirement. Planner Devine replied that it could not be used to meet the requirements for common space because balconies are private spaces. Private and common spaces are addressed separately. Commissioner Bigelow supported this project as a good way to bring people to live and work in the Heritage District. He liked that the applicant included the three-story buildings on the outside of the site with the taller buildings in the center. Commissioner Claassen supported these comments. Commissioner Claassen noted that the site is missing approximately 50 parking stalls. Chair Kendel was also concerned about this issue. Planner Devine reported that staff has not addressed this issue in detail yet. She also indicated that parking is a concern for residents in the area as well. The staff is adamant that parking needs must be met onsite. Planner Devine also reported that the provision of adequate parking and residential parking Redevelopment Commission December 20, 2023 4 restrictions cannot be included in the PAD. Commissioner Bigelow pointed out that the number of units could be reduced to ensure adequate parking. Commissioner Bigelow sought clarification on the retention basin and whether it could be used as a retention basin for site run-off or whether the applicant must create its own underground infrastructure for their water. Planner Devine replied that it is a ten-acre basin used to store stormwater. It will likely take the form of a grassy park area. She noted that most projects are required to address their own retention needs, but some flexibility may be required in the Heritage District. She will provide additional information on this issue to the Commission. Vice Chair Updike asked what the 4% open space requirement is in square feet to get a clearer idea of how much space would be affected by this request. Commissioner Claassen stated that it would be 14,000 feet and noted that he supports the use of rooftops for additional green space. He emphasized the need to be flexible to ensure that the project is financially feasible. Commissioner Claassen asked whether tuck-under parking could be an option for the back building. 4. Z23-08 HERITAGE NORTH: Request to amend Ordinance No. 2814 to amend the Heritage North Planned Area Development (PAD) for approximately 11.97 acres, generally located at the southwest corner of Gilbert Rd and Juniper Road, and zoned Heritage Village Center (HVC) PAD with a Planned Area Development overlay. The effect of this amendment will be to modify the approved development plan and conditions of approval. Ashlee MacDonald (480) 503-6748 Commissioner Claassen and Commissioner Baugh recused themselves from the discussion of file Z23-08, Heritage North, due to a conflict of interest. Planner MacDonald presented an overview of the request. She reported that the PAD for this project was originally approved in January 2022 and has entitlements to move forward. The current request is for a PAD amendment. Accompanying applications for amendments will be submitted to the Commission, including amendments to the design review and the use permits, which were approved in February 2022. Materials related to these proposed amendments were not provided at this meeting. The applicant is requesting an amendment to Ordinance No. 2814 to amend the development plan to include two construction phases instead of a single phase, as previously approved. Review and approval of this request is needed to ensure that the first phase of the approach includes all the elements desired by the Town of Gilbert. The applicant is also seeking to amend one of the parking conditions. Planner MacDonald reported that the proposed amendments do not open any other aspects of the project for further review. Planner MacDonald reviewed the original project and noted that it includes nine buildings, and the applicant intends to comply with the development plan, including the development of the commons open space at the center of the site, water tower way (previously known as the paseo), improvements to the western power line trail and offsite improvements. The applicant is proposing to include the multi-family complex, north garage, buildings 3, 5, 6, and 9 (retail or restaurant buildings), commons open space, paseo, all offsite improvements, and some temporary surface parking in the first construction phase. The applicant would like to defer the development of the south office building and the parking garage to the second phase. To meet the parking requirements of the development, the applicant proposes to install temporary surface parking on the site of the future parking garage. Staff are Redevelopment Commission December 20, 2023 5 evaluating the parking request, including a design review, to ensure that there is sufficient parking to meet the project’s needs. Phase 2 will include building 4, building 7, the parking garage, and the hotel. Planner MacDonald noted that the hotel may be developed earlier depending on the market. The applicant also wants to modify the condition that they do not charge, impose, or collect fees for the use of parking spaces on the property. The applicant proposed to charge residents for reserved parking and to charge for employee reserved parking in the office building. In phase 1, the applicant is also proposing that no more than 500 spaces be reserved for hotel guests. Planner MacDonald emphasized that this wording was provided by the applicant, and staff is reviewing and evaluating it. Staff are considering these proposals with the applicant. Planner MacDonald stated that staff will continue working with the applicant on parking conditions and any new conditions relevant to phasing. The PAD amendment will be included on the Redevelopment Commission’s agenda in January 2024 before it is sent to the Planning Commission for recommendations and to the Town Council for a final decision. She also pointed out that the existing use permits are expected to be presented to the Commission because they will likely expire before the project is complete. COMMISSION QUESTIONS/COMMENTS Commissioner Bigelow asked whether the proposed temporary parking lot would be surfaced with asphalt. Planner MacDonald replied that the proposed surface had not been confirmed since this would be addressed in the design review application. Commissioner Bigelow asked for clarification on the timeframe between the end of Phase 1 and the beginning of Phase 2. He noted that the decision on the temporary parking surface and any associated landscaping might depend on how long the gap is between the two phases. Planner MacDonald replied that the development agreement was reviewed and revised by the town council in October 2023, and the development dates can be provided to the Commission. Commissioner Bigelow wondered why the west side of building 7 is not being suggested as a location for temporary parking in Phase 1. Planner MacDonald confirmed that the applicant is able to meet the site parking requirements with the proposed surface parking. Staff and the applicant continue to discuss what will happen to the temporary surface parking when construction on the garage begins. Commissioner Bigelow raised the issue of reserved parking versus public parking. The Commissioner noted that construction is expensive, but this is a desirable development. Compromising on the parking issues is recommended to ensure that the project is completed. Vice Chair Updike shared her support for paid parking for employees and noted that this practice is not unusual. Vice Chair Updike asked if the applicant’s request for modifications to parking aligned with the original parking study. Planner MacDonald confirmed that it generally does, but staff continues to discuss the proposal with the applicant, and more information is required before a detailed response can be provided. Chair Kendel agreed that the parking requirements for both phases of the project need to be carefully considered and supported compromise to ensure adequate parking. Commissioner Bigelow also supported compromise in the approval to ensure that adequate parking is available on the site. Chair Kendel expressed concern that residents and employees would park in undesignated areas to avoid paying for parking, and he sought clarification on how parking spaces will be monitored for misuse. Planner MacDonald indicated that the development or property owners would be responsible for managing and monitoring parking. Redevelopment Commission December 20, 2023 6 Alex Hayes, 2525 Arizona Biltmore Circle, spoke on behalf of the applicant. He indicated that the cost of reserved parking for the multi-family units would be built into their rent, and employers would manage employee parking. The management of public parking would be the property manager’s responsibility. Public parking would be free, and on-site tenants would desire a good experience for their customers, so they would want to ensure that parking is available for their customers. Council Member Torgeson also pointed out that adjacent retailers, such as the Dairy Queen, have towing rights on their private property. The compromise to ensure adequate public parking is bigger than worrying about whether residents or others are parking in unassigned spots. Chair Kendel asked whether temporary signage to announce the Heritage District can be added to the hotel. Planner MacDonald replied that the applicant is required to post pedestrian scale signage as a condition of the original approval. This condition is still required in Phase 1, and staff will work with the applicant to specify the location of the signage. Rooftop signage is expected to be installed after the hotel is developed. Commissioner Bigelow sought clarification on whether the Phase 2 site would be fenced while Phase 1 is being built. Planner MacDonald indicated that temporary fencing would be constructed, and it is expected that it would be of a quality to ensure that the paseo and Gilbert Road areas are aesthetically pleasing. In response to a question from Vice Chair Updike, Planner MacDonald clarified that the small kiosk at the center of the commons space is building 9. She also confirmed that two use permits were approved by the Redevelopment Commission and the Planning Commission as part of the original application approval. These permits were to allow a hotel in the HVC zoning district and for ground floor residential in HVC. These approvals are only valid for three years from the date of the approval, will likely expire before construction is completed, and will be presented to the Commission for renewal in the future. ADJOURNMENT OF THE STUDY SESSION Chair Kendel adjourned the study session at 6:55 p.m. CALL TO ORDER OF THE REGULAR MEETING Chair Kendel called the Regular Meeting of the Redevelopment Commission to order at 6:56 p.m. ROLL CALL Amanda Elliott, Redevelopment Program Manager, conducted a roll call, determined that all Commissioners were present, and quorum was confirmed. Redevelopment Commission December 20, 2023 7 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 requests for communication from citizens were put forward. ADMINISTRATIVE ITEMS 5. Meeting Minutes: Consider approval of the minutes of the regular meeting held on November 15, 2023. MOTION: Commissioner Claassen moved to approve the minutes of the regular meeting of the Redevelopment Commission held on November 15, 2023, as presented, seconded by Commissioner Bigelow. Motion passed 5-0. 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, individuals must fill out a public comment form indicating the Item Number on which they 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. 6. DR23-101 CLEMENTS GARAGE REDEVELOPMENT: Commissioner Claassen and Commissioner Bigelow recused themselves from the discussion of the Clements Garage Redevelopment project due to a conflict of interest. Chair Kendel reported that this item has been requested to be continued to January 2024. Chair Kendel opened the item to the public for comment. There were no requests to speak and no comments from Commissioners. MOTION: Vice Chair Updike moved to continue item DR23-101, Clements Garage Redevelopment, to January 17, 2024, seconded by Commissioner Baugh. Motion passed 3-0. Commissioners Claassen and Bigelow returned to the meeting. REPORT FROM THE CHAIR AND COMMISSIONERS ON CURRENT OR FUTURE EVENTS On behalf of the Commission, the Chair thanked staff and council for their support and hard work in 2023 and wished them a happy holiday and a happy new year. REPORT FROM THE COUNCIL LIAISON ON CURRENT OR FUTURE EVENTS Redevelopment Commission December 20, 2023 8 Council Member Torgeson wished everyone happy holidays. He encouraged everyone to visit the Heritage District, shop locally, and check the community calendar on the Town’s website for the holiday event schedule. Council Member Torgeson reported that Gilbert’s Water Tower Plaza will be closed to the public in January 2024 and will reopen in fall 2024 with new enhancements. Regular events will take place in alternate locations during construction, and event updates can be found in the community calendar. In closing, Council Member Torgeson noted that Freestone Recreation is hosting a Happy Noon Eve’s Party, a daytime family event with games, bingo, and a ball drop at noon. REPORT FROM THE STAFF LIAISON ON CURRENT OR FUTURE EVENTS Amanda Elliott thanked the Commissioners for their hard work in 2023. ADJOURN REGULAR SESSION Chair Kendel adjourned the meeting at 7:03 p.m. _______________________________ Casey Kendel, Chair Redevelopment Commission December 20, 2023 9