e e e e e e e all right good after good afternoon everyone on a seasonably warm afternoon at least at least uh call to order our Planning Commission work session for July 10th 20124 you give me the thumbs up when you're ready we're good okay good good afternoon everyone I'd like to call to order our Planning Commission work session for July 10th 2024 the first item up is gp2 24-1 and z247 um LDC text Amendment and citizens review for designation of a central business district with that Ashley do you have this one come on up I do thank you chair all right so this is uh initiation of two items tonight the first one being GP 20 uh 24 that should actually be 01 and and z247 so we're looking to update the general plan um as well as do an LDC text Amendment and this is to address um requirements for a central business district so tonight um we are conducting the citizen review um to discuss the general Plan update um as well as the LDC text Amendment so at the end of my presentation um we'll ask you to open it up to the public for review and then initiate those amendments um so we're seeking to initiate the general plan and that would be to identify a central business district within the general plan and then also initiate a text Amendment to the Land Development code um at this time all we're looking to do is add a new term for central business district uh the effect of this amendment will be to make conforming changes to the house bill 2721 that was adopted by the state legislature so just a little bit of History um in May of 2024 the governor signed House Bill 2721 um which is uh also called the middle housing bill um and then it will go into effect on September 14th and so um as I go through the slides uh we'll just keep those that date in mind so the house bill requires that by January 1st of 2026 a municipality has to um allow the development of duplexes triplexes fourplexes and town homes um also known as middle housing on single family lots within one mile of a central business district and then also on 20% of any new development on more than 10 contiguous Acres um there's another provision within that bill that states if a municipality does not adopt those regulations um the middle housing will be allowed on all lot zone for single family without limitation uh the statute defines the central business district as an area or series of areas designated by the municipality that are primarily non-industrial and that attract Community activity including the entire geographic area that the municipality has officially designated as its downtown or equivalent on the effective date of this section so staff is currently evaluating different areas of town that that um may meet the criteria and that may may be ideal to identify as as our Central business district so moving forward our next steps for this text Amendment and general Plan update um to comply with this house bill um we are currently as I mentioned evaluating options for uh a area boundary um on August 6th we hope to bring um an area boundary to Town Council for review and discussion possible adoption August 7th is the next Planning Commission meeting where we would ask the the commission to um take a look at our proposed General Plan update um as well as the LDC text amendment that will incorporate a definition for Central business district as I said earlier this becomes effective on September 14th um and so the goal would be to uh have the central business district in effect prior to the effective date of the house bill and then uh prior to January of 20126 Staff would continue to develop the regulations related to allowing these types of homes um or these types of dwelling units within our single family zoning District so this is just kind of step one of complying with this new legislation um and then we'll be back before you with um regulations prior to January of 2026 so with that uh looking for any input from the commission um and again we'll ask you to conduct a citizen review if there's anybody in the public that wanted to comment on this um and then initiate these amendments all right thanks Ashley any questions for staff commissioner Fay Ashley is it possible that staff or the city will the town will determine that no area within the city qualifies as a central business district um so is that even allowed the way the the way the legislation reads is that if you don't um adopt regulations then it would be allowed within any single family zoning District I we read that part but we have could we adopt the regulations and say that right now in our current demographic nowhere in the town of Gilbert meets these regulations so we're not but in the future we may designate somewhere or do we have to designate some specific location I would lean on Elena maybe to to weigh in um if she's if she's got a thought on that but I I think our goal would be to to identify an area um particularly as it relates to the the definition um I um Mr chair uh commissioner Fay this has been a topic of conversations with other other jurisdictions as well um and it's um and perhaps on a theoretical uh level that would or could be possible maybe not for Gilbert but maybe another jurisdiction um at this point there is some caution um uh that should be heated um because it's it operates somewhat like a poison pill and that if we do not implement the regulations and it opens it up um throughout the town so not that's about as close to an answer as I can give you because that's about as close to an answer I think uh other jurisdictions have arrived at as well okay thanks doing that anyway so any other questions uh any other Commissioners no I guess Ashley my question was kind of along commissioner phase but the other side so could they do more than one CBD district considering like what we do with the general plan and having growth areas or is the the purpose just to identify one yeah chairman and commission um based on the language of the bill you could adopt multiple um from from what I because it says uh an area or series of areas designated um I think at this time the is just contemplating one okay and then I think you had mentioned that this is just the the definitions the geographic boundary discussions come at a later date correct well um let me we're going to add a definition and then we will um also update the general plan um to include the central business district it will follow um Council settling on a boundary okay all right any other questions from Commissioners uh this is a Citizens review uh meeting so is there anyone in the audience that would wish to speak on this item C that's where I was going next yeah so seeing none um any does anybody to since this is a general plan Amendment we also need actually need a motion to initiate so is there any other discussion amongst the commission or would somebody want to make a motion to initiate I'll make a motion to initiate okay so I've got a motion to initiate by commissioner D gravina do I have a second I'll second okay got it second by commissioner Davis all those in favor please vote you want to just do a roll call no it's not do you want to just do a yes please okay um all those in favor I any opposed motion to initiate carries unanimously thank you all right next up is z245 another LDC text Amendment and a Citizens review I think we're going to start seeing a pattern tonight Mr chair actually for clarification uh not sure sure if that motion was just for the general plan or the text Amendment as well the text Amendment we could just do a I thought the GP we needed a motion and on the the zoning we could just direct to initiate correct okay I must have missed that I'm sorry so yeah so the then the direction would be to initiate the LDC zoning text Amendment as well thank you thank all right uh Z2 24-5 the LDC text Amendment and citizens review regarding accessory structures we get Eva on this one welcome thank you good evening chair and commission this may appear familiar to you because about a year ago you initiated an LDC revision for accessory dwelling units at that time we were trying to tighten our regulations but then House Bill 2720 was passed so now we actually have to loosen our regulations so all the work we did for a year we'll have to toss out and start new and we have until January 1st of 2025 to pass new edits to our code so that's why we're bringing it tonight for a new initiation because it is so different from what we initiated a year ago currently our Land Development code allows accessory dwelling units on single family lots and we allow one guest home and one accessory dwelling unit which is very generous when you look at other mun municipalities the house bill language also requires us to allow at least one attached and one detached accessory dwelling unit but it also requires communities to allow an additional dwelling unit if the lot is over an acre in size and if they have that dwelling unit as an affordable unit lastly it appears to set restrictions on the size of the dwelling units that they can exceed 75% of the gross flow or area of the main residence or 1,000 ft whichever is less our current LDC states that guest homes cannot be rented and cannot have kitchens and then we have a second category of adus that can be rented and can have kitchens the house bill language does not differentiate between the two they're both considered adus and we cannot prohibit rental of them nor can we restrict kitchens in them the current LDC states that the accessory dwelling unit shall be subordinate to the main house we don't Define it under the house bill it says a single family dwelling of Greater square footage than the accessory dwelling unit and then there's that confusing language two slides earlier that stated 75% of the main or 1,000 square ft which which ever is less and our current LDC states that except for accessory dwelling units constructed over a detached garage secondary dwelling unit shall be located in the building envelope this is probably the biggest hit to our code because under house bill 2720 we cannot send set any restrictions on accessories dwelling units that are more restrictive than what we allow for the single family unit so they can be as tall as the single family unit but we also cannot require them to meet the single family dwelling unit setbacks we can only require a 5 foot setback So currently accessory dwelling units have to be in the building envelope they have to meet the same setbacks as the main underhouse Bill 2720 the side and rear setbacks are limited to 5T under our current Land Development code we regulate the design of the accessory dwelling units and make sure it matches the architecture of the main we can no longer do that and we also require an additional on-site parking space for an accessory dwelling unit again under house bill 2720 we can no longer do that lastly we required administrative use permit for all adus under house bill 2720 there permitted as of right they just go for building permit the only thing planning can do is a discretionary zoning review just to make sure the 5- foot setback is met and the number of 0 's Meet the House Bill language so we can no longer match the architecture of the house we can't require on-site parking we can't require the same setbacks as the house we can't do restrictions on height any different than the main house and you can get an additional accessory dwelling unit if you are on a lot over an acre and if we fail to adopt these regulations before January 1st then accessory dwelling units shall be allowed on all Lots zone for residential Without Limits so we need to at least get what regulation we can get before January 1st we are working with the league to come up with a draft ordinance that most of the municipalities will look at and probably adopt or edit a bit and adopt so I'll be bringing something back to you in the near future but tonight um really looking for Action to initiate this thanks Eva and the comparison was helpful too so thank you um Commissioners any questions for staff or Eva seeing none I guess my only question is can HOAs on their own pass anything that might be more more restrictive thank you chairman for asking that yes HOAs can Okay so this was brought to council it was actually brought to council to introduce them to our old tighter regulations and this was passed the day we brought it to council so we did make Council aware that HOA does have more control than we do and the mayor did mention that on the record so that HOAs can still have control over these but the town regulations cannot okay yeah thanks it's just too bad that it undoes all the work that staff did just not too long ago so um any other questions or comments this is a Citizens review meeting so anybody here from the public that would like to speak on this item no crickets again so bring it back um does the is the Commission in agreement that we initiate this amendment yeah okay um so yes with the agreement direction is to initiate the text Amendment thanks Eva all right number three this evening is z246 Hey look it's another LDC text Amendment and citizen review uh this is regarding backyard fowl so with that we will introduce Veronica take it away good evening Mr chairman Commissioners Veronica Gonzalez principal planner and uh tonight I'm requesting a citizen review meeting in initiation of a text amendment to section 5.2 of the Land Development code that will make conforming changes with uh uh conforming changes of the recent reg reg excuse me recent legislation pertaining to Backyard fou sorry about that um um so staff continuously looks for opportunities to improve um and update the LDC and the governor's signing of House Bill 2325 presented that um opportunity in May of this year so um we'll be updating the LDC requirements uh for backyard foul on Residential Properties due to the requirements of the approved Bill uh we will need to make some changes um currently the LD c um offers a tiered approach to the number of foul that are permitted on a lot um where the number of foul allowed is uh increases as the size of the lot increases up to 25 foul um on a lot that is between 10,000 square ft and 20,000 Square ft uh in comparison uh House Bill 2325 um limits the number of foul on Lots half acre in size or less to just six uh six foul six f um the bill also gives cities and towns um the ability to establish other regulations with regard to location size and height of enclosures for these uh backyard F and so we'll be looking at uh potentially making changes to address those items as well so in conclusion um again I requesting that you conduct a citizen review meeting and initiate the LDC text Amendment pertaining to Backyard foul um and I'd be happy to answer any questions you may have thanks Veronica any questions for staff yeah commissioner Anderson thank you for the presentation the question I have is kind of uh triggered from the last case that we hear regarding HOAs so does HOAs can they restrict having Fs in backyards or does the state override that so this bill does not have the same language that the previous bill that we just talked about with adus where allows HOAs to have that ability to do that it actually has some preemptive language in there that appears as though it might prohibit that okay thank you anyone else I say commissioner excuse me commissioner Anderson asked my question so so you're good was it sufficiently answered for you then okay um so Veronica one of the things we were noticing was this the lot size where this is permitted So based off of the setbacks and things like that would there be some lots that would basically be eliminated from contention just because of setback requirements even though they may have the zoning to do so uh Mr chairman um that could be possible because um with the foul being allowed on Lots half acre or less you know you could potentially have some very small Lots um with regard to the location of the enclosures the size the setback requirements not requirements the setbacks that have been noted in the bill as a may we may uh require a 20 foot setback that could prohibit um the location of where an enclosure for um f could be placed and so that might be limiting on some of those smaller Lots okay thanks I mean we already have a file ordinance in place right so do we get much complaints on that I mean my my concern is the waste and things especially if we start introducing this on smaller lots and their impact to adjacent property so I guess my question is would those inspections be handled through code compliance or how would inspections be handled if there was an issue Mr chairman um it would be a code compliance um issue um but as as you know our Code Compliance operates on a um on a complaint um based um situation they're not um they're not out proactively um doing on view inspections and things okay yeah I just didn't know if we'd had any Bad actors or anything U Mr chairman um I'm not sure um I I don't I'm not aware um at this time what if if any complaints that we might have with regard to chickens or other fowl sure in on Residential Properties okay thank you any other questions once again do you have another one yeah commissioner Anderson it's kind of a stupid question so the fowls is is there a definition term or is it just open to any type of bird and then does a type of birds like count like say if I live on a 6 6,000 foot lot and we're all tight bunched together can I throw six roosters in my backyard and just piss the whole neighbor off hood off every morning with those things uh Mr chairman commissioner Anderson um so uh the muni code of the town of Gilbert does have a definition for foul um and it includes a number of chickens hens um I believe roosters are also included in that as part of the bill um they have a definition for foul as well which includes chickens and hens um now with regard to your question about um roosters um are current code does allow roosters um I believe it's one rooster for every 10 or 20,000 square fet of lot area um one of the uh Provisions in the house bill is that it allows the town if they show if they should choose to prohibit roosters we're not looking to do that at this time because we currently allow roosters but um there our current code does have a limit on the number of roosters you can have based on the size of your lot thank you okay any other questions no seeing none again this is a Citizens review uh meeting as well so if there's anybody that like to speak on this foul topic seeing none um did any of the Commissioners have any issues initiating this text Amendment all right seeing none the direction is to initiate please thanks Veronica thank you Mr chairman Commissioners all right what are we on item number four uh Z2 24-8 uh another LDC text Amendment and citizen review regarding common procedures um Elena are you introducing this I I I am as best as I can sir um thank you you may recall from the last meeting that uh this body um adopted a new bylaws to conform with the changes that Town Council made to the rules of procedure uh back in uh April um at that time we identified also some LDC text um Provisions that also need to be amended and this would um conform bring those into conformance uh I think the next slide might just sum it all up but that's about all and so um just looking for um this issue to be opened up for citizen review and for this issue to be initiated as well thank you any questions for for staff no pretty straightforward um if there are none we'll move on to the citizens review is there anyone here wishing to speak on this item all right seeing none bring it back to the commission uh does anyone have an issue if we provide direction to initiate all right seeing none please uh direction is to initiate thank you all right item number five this evening is discuss question of regular meeting agenda um Eva do we have anything any proposed changes tonight um yes chairman thank you the case number Dr 2462 super light block that there has been a request from staff to continue that case okay if the applicant is here please open it up in case they wish to make a statement but other than that the um recommendation has changed from approval to continue okay would you prefer that we just pull that item from consent or can we um only if anybody shows up to speak on it okay oh wait a minute Elena would they have to pull it to change the recommendation probably yeah if we have to provide a date specific yes thank you chair okay all right is that the only change that is the only change it appears everything else can stay on consent the only other one that may have public he to speak on is the item number 14 the LDC text Amendment okay that was one that I presented to you at the last meeting and it was regarding inoperable Vehicles it was continued because the commission wished to have Council adopt the community preservation ordinance first that was adopted but since there was a gentleman that spoke on it on the last meeting he may show up tonight to speak as well okay thank you thank you um anybody from the commission any other proposed changes or questions kind kind of even on that last topic I had a question we we tabled it not just for the U the adoption of that by Council but also because there was part that we couldn't talk about um it was wasn't properly agendized and I I wanted to know had that been resolved I mean could the question the guy raised some questions about um search in his backyard and PE you know um search and seizure and and we started to ask questions and we were told well we can't really talk about that other stuff because it's not properly agendized has that been addressed I mean can we talk about it tonight um chairman commissioner um that was addressed at Council they um advise staff to meet privately with the gentleman Elena I and other members of Staff have met with that gentleman to address his fourth amendment concerns yeah I mean I think his fourth amendment concerns were exaggerated but the the rest of it were If he if he shows up it'll get pulled anyway okay thank you good recall thank you all right anything further if not we will adjourn the work session and reconvene at 6 pm thank you for un e e last a and is all it insane and it was there a d only and was water the most beauti SC e e e e e e St e e e e e e e e e e e e e e e e e e e e e e e e e e right Eva are we okay to get started you guys good Veronica do you need to connect we're good all right all right with that good evening everyone we'd like to call to order the town of Gilbert Planning Commission meeting for July 10th 2024 uh let's start with the Pledge of Allegiance please stand I pledge aliance to the flag of the United States of America to the stands all right thank you next item up is our roll call commissioner ett commissioner deina pres commissioner Simon here commissioner Gage here commissioner Fay here commissioner Davis here commissioner Anderson here acting chair bian here we have a quarum all right thank you very much next item is approval of this evening's agenda um does anyone want to make a motion with the change we talked about during the work session so we are we pulling item 12 off for the continuation my understanding is we would pull 12 off just for the continuation and then do we have anyone here I don't I do not have any cards yet for item 14 seeing none then I think that could probably stay on consent okay I'll motion to approve the agenda uh moving item 12 to nonconsent okay all right we got a motion for approval by commissioner Anderson do have a second all right seconded by commissioner Simon please vote all right carries unanimously 70 all right all right next up is item number seven communication from citizens at this time members of the public May comment on matters within the jurisdiction of the town the commission may not discuss items that are not specifically identified on the agenda therefore pursuant to state law any action taken as a result of public comment will be limited to directing staff to study the matter responding to any criticism or scheduling the matter for future consideration with that is there anyone here this evening who would like to speak on something not on this evening's agenda all right seeing none we'll move on to item number eight report from our Council liaison vice mayor Anderson thank you Mr chairman the only reminder I have tonight is don't forget to vote either by mail or you can also there's a couple polling places for early voting if you choose to do that but July 30th is the actual date for the vote don't forget thank you thank you vice mayor all right next up is our public hearing consent agenda for this evening all items listed are considered the public hearing consent calender the commission may by a single motion approve any number of the items where after opening the public hearing no person requests the item to be removed from the consent calendar and if such a request is made the commission shall then withdraw the item from the public hearing consent calendar for the purpose of public discussion and separate action other items on the agenda may also be added to the consent calendar and approved under a single motion um with that I will open up the public hearing and is there anyone here wishing to speak on a matter on consent this evening all right seeing none close the public hearing on that we'll bring it the consent calendar back to the commission for any discussion or possible movement motion commissioner Simon uh chair I'll make a motion to approve the consent agenda uh including item 9 up 2344 Heritage North ground floor residential item 10 up 2345 Heritage North Hotel item 11 Dr 2404 Stratton office item 12 excuse me strike that item 13 St 2304 Stonegate Court previously The Orchard and item 14 z242 LDC text Amendment okay very good I've got a motion for approval by commissioner Simon do I have a second sure I'll second it all right commission a second by commissioner Fay um all those all actually please vote got ahead of myself there we go the consent calendar passes unanimously 70 thank you all right moving on to our public hearing non-consent calendar um as we had mentioned before the only item listed is item number 12 dr24 d62 the super light block site expansion and plant upgrade um with that can we just open the public hearing and then we don't need a staff doesn't need to present or anything correct that is correct okay so we'll open the public hearing um do the Commissioners have any specific questions with that no okay um is there anyone here that would like to speak on the matter no seeing none we will close the public hearing and bring it back for a motion for possible continuance uh chairman I would make a motion to continue item 12 er2 2462 until staff brings it Forward again um chairman may I ask that we continue it to a date certain just for advertising and Sal may ask you what date August 7th if we can make a motion to continue it August 7th I would amend my motion to continue it until August 7th the August meeting of the Planning Commission very good so motion for continu by commissioner Fay do I have a second I'll second okay seconded by commissioner Davis please vote all right that item is continued lightning speed tonight um next up is our administrative items the first item up are the Planning Commission minutes for the study session and the regular meeting for June 5th 2024 I guess the only question I would have is I was absent at the last one and I think I actually was in the meeting minut minutes so if you could replace me with that I think that would be the correction I have does anyone have any other corrections as well to the Redevelopment joint meeting with Redevelopment okay um all right does anyone want to make a motion for the Planning Commission meeting minutes for June 5th I'll make a motion to approve the uh minutes is written and you're talking striking you from the um joint meeting correct uh I think I I thought it was the meeting on June 5th they had me listed had you listed so so we're in the minutes okay so I'll make a motion to approve the minutes of uh June 5th and striking the chair okay uh very good I have a motion for approval do I have a second I'll second all right second by commissioner Davis please vote passes unan ly 70 next are the joint Planning Commission and Redevelopment commission meeting minutes for June 11th um I did not have any changes anybody else if there are none I will entertain a motion as well I'll move to approve the joint commission and Redevelopment commission minutes from June 11th okay very good so I've got a motion for approval by commissioner Davis do I have a second I'll second that all right seconded by commissioner D Gina all right all those oh actually I want to keep saying all those in favor please vote go NOP it's locked me out anyway I vote I vote uh yay so that motion will carry 70 unanimously all right Communications uh there is no executive session this evening item number 17 is a report from the chairman or any members of our commission on current events does anyone have anything they'd like to add chair yeah I would just like to uh second what uh I don't know if I should call you vice mayor or if I could call you council member but just just make sure everybody understands that we do need to vote um especially in the the local election they will be most likely decided um here in June July so make sure we get out to vote very good good reminder anyone else all right seeing none next up report from our planning service manager thank you chair I'd like to take this opportunity to formally welcome our new staff we are now finally at full staff we have Sandra tiers our planner two we have Abby Aller our planner one one and Alexa Beck our admin and Alexa was ordered all our food tonight so thank her for that and I think we're off to a great start with our new team so thank you well welcome aboard to all the new staff members and did you say you're now fully staffed yes I've been here five years and it's the first time we're fully staffed good come back in five minutes yeah you no one no one move everyone stay all right if there is nothing further I will entertain a motion to adjourn I'll move to adjourn okay move to adjourn do I have a second I will second second by commissioner Fay please vote all right 70 unanimously thank you everyone we are adjourned did you vote no again 61 apparent you don't have to go home you just can't stay here isn't that the saying