e e [Music] you e e e e e without further Ado um I would like to call the study session to order it's about 5:35 and we have one item on this evening oh yes given that we noticed that commissioner Anderson is not here uh I believe it' be appropriate to have one of our alternates come up they're going to fight over it I can see it's a I can see they they have figured it out it was a difficult battle but yeah with that being said well he's coming up we are going to begin and as I said there's one item number one Dr 23-1 60 Clyde Capital Hamilton Court and I believe we'll talk to Miss Nicole Russell take it away thank you chair members of the commission Nicole Russell senior planner the application before the commission for study Comm study session this evening is Dr 23160 for Clyde Capitol Hamilton Court with site plan Landscaping grading and drainage elevations floor plans lighting and colors and materials for a approximately a 1.16 acre parcel generally located south of Elliot Road and East of Arizona AV Arizona Avenue and zoned light industrial with a planned area development overlay there here is a map showing the subject parcel it is surrounded by industrial zoning with the city of Chandler on the opposite side of the railroad tracks the parcel is located within the Elliot Commerce Center and Industrial Park located on the western boundary of the Town limits the applicant is proposing a 2100 or 21352 Square ft building with a 1900 squ ft office Associated parking and secured yard the site is designed to accommodate a light industrial uses the applicant is requesting CDs at risk and this is why it's coming to the study session staff is also going to show several slides of the design of the site for any input from the commission here is the site plan showing the the building is with the associated parking as well as there is a mezzanine above the office with access inside of the warehouse the elevations show a 34ot 8 in tall building that consists of one story with a mixture of smooth face CMU and split face CMU the recessed entrance of the building includes a metal awning and metal accents to emphasize the building entrance the exterior of the building is an alternating design with different tan colors to provide visual interest to the exterior of the building rollup doors are located on the north and west sides of the building building the lighting proposed for the site is at 20 ft high on the sides of the building except for the South for security here's the landscape plan showing the 15% required landscaping for the site here is the floor plan showing the rollup doors as well as the office and the mezzanine above the applicant has been provided first second and third review comments there is the staff report did indicate that there were uh at the time of writing the staff report concerns or Corrections for the grading and drainage that has since been um approved with markups that will be addressed as part of the CD submitt and the that pretty much concludes my presentation I'm a available for any questions thank you Nicole any Commissioners like to kick it off with any questions for Nicole comments I believe we have some comments from Vice chair bian hi Nicole yeah no questions um just in regards to feedback site development regulations are all met are exceeded um I think he said in your staff report that they're going to landscape the secured yard and they've already worked out the drainage issues so in that regard I personally wouldn't have a problem if they move forward with the CDs at their own risk as far as the design I think the materials and the colors overall look acceptable um the South elevation is a bit Stark but given that it's industrial there is some variation there but I'm okay with it overall thanks thank you thank you Vice chair anyone else well Nicole I would pretty much Echo it I think it's perfectly okay with going to CDs um Stark is a good word for it but as an industrial I don't think it's it's actually somewhat undulating so I'm cool with that um unless you have any other questions I think we're good no other questions thank you and this will be on the April Planning Commission agenda very well thank you Nicole thank you okay now that we've gotten through the one item let's go to discussion of the regular meeting agenda I see on the agenda we have uh on consent agenda number six is Dr 23-53 the Gilmore and number seven dr23 d120 volara commercial EV charging facility anybody have any reason that they'd like to have those removed from consent anyone anyone in the public here that's seeking to speak out on either number six or number seven and would like them remove from consent I don't have any comment cards I do not see a significant amount of clamoring forward to speak so I will assume they're okay on to the non-consent we have number eight GP 22-16 Lumberyard and z22 D16 Lumberyard does number nine which are shown as a continue um but we will leave them there to vote on them number 10 heritage z238 heritage North and number 11 z 23-10 b LDC text Amendment so is there anyone that wants to make suggestions to move either number 10 or 11 to the consent chairman um the lumber yard although it's um a recommendation for continuance we have been informed that there is somebody who would like to speak on that that oh there is okay that's correct um so then if whomever it is that would like to speak please fill out the comment cards I believe they're in the back of the room and uh then we will have that one on the agenda to speak on okay and then the other two I imagine will stay okay well the um the Land Development code text amendment is only the out buildings stuff I the last I don't have any problem with it in the last two times it's come forward it didn't seem like anyone cared but I don't care strongly either way Eva do you want to present that it is up to you there's nobody that I'm aware of that had any questions on it or wish to speak a coule there we go we've heard it a couple of times so I don't have any issues with it going on consent okay I believe we have consensus then number 11 we can entertain a motion to move all right well with that then I will conclude the study session and I believe we have 5:44 so we will meet back here in 16 minutes to kick off the regular agenda meeting thank you e is my turn off the microphone e e e e e e e all right if everybody's ready I'm going to call to order the regular meeting and I'd like to start with the pledge of allegience please stand and join me okay Eva could I please get a roll call commissioner Everett commissioner D graina commissioner Simon here commissioner Gage here commissioner Fay present commissioner Davis here commissioner Anderson here Vice chairman biani here chairman Mt here we we have a quorum all right thank you Eva okay moving on to number three we're going to look at the approval of the agenda in the study session we had a little bit of discussion over the consent and non-consent and I believe we talked at number 11 the text Amendment could be moved if there's a motion I'd be willing to entertain one now chairman if you're ready I would move to approve with the following change of uh moving item 11 z23 d10 to tonight's consent to agenda with items six and seven thank you Vice chairman do I have a second I would second that second from commissioner Fay any discussion okay please vote all right 70 unanimous and I would just like to point out that I noticed that it now tells us if our vote has been cast it's a very nice new addition technologically thank you okay now we're going to move into some Communications so Communications from citizens at this time members of the public May comment on matters within the jurisdiction of the town the commissioner board may not discuss items that are not specifically identified on the agenda therefore pursuant to state law 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 further consideration so this would be any citizens that would like to speak on items outside of the current agenda I do not have any comment cards is there anyone that wanted to speak on something not on the agenda okay very well thank you I don't see any we will close that and move into number number five report from Council aison on current events thank you Mr chairman just a couple of uh of consider considerations uh one is something that's not getting much publicity that we should announce at every public meeting that we can is that the uh we had the a partial uh crew of the USS Arizona here in Gilbert this past week and if the you're not aware or the Public's not aware we are the sponsoring city of the new USS Arizona which hasn't been in effect for some 50 or 60 years and uh it's quite a big deal and we want to make sure that uh people are aware that the the submarine is under construction right now and the christening will happen uh probably into the next year and um it'll be pleasure to to be the sponsoring city of that uh that new submarine secondly uh something that you may want pay attention if you're you're not watching things that are going on down the legislature you know how volatile it can be down there sometimes there are a couple of bills that affect um local control and you ought to pay attention to those they have to do with housing it could challenge where and how uh we re uh place or review uh housing projects in the town and um it's uh um those bills I forget the numbers of those bills but look those up because they uh there are several bills that really affect local control and that's something that's very important to all the municipalities I know the league of cities is following them very closely that so that we don't lose the control that we have over zoning and planning in in our community uh that's it Mr chairman thank you councilman Anderson okay moving on to the public hearing consent all items below are considered the public hearing consent calendar the commission may by a single motion approve any number of items where after opening the public meeting no person requests the item to be removed from consent calendar 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 be added to the consent calendar and approved under a single motion as we have done so with that currently on the consent we have number six dr23 -53 the Gilmore number 7 dr23 d120 voltera commercial EV charging facility and number 11 z23 d10 B LDC text Amendment if there's any discussion otherwise I will entertain a motion on the consent agenda well and also if there's anyone out there that wants any of those removed uh let me know because you can still speak before we pass the motion okay very good I will then entertain a motion chairman if you're ready uh I would move to Pro uh move to approve the agenda as consent calendar as presented thank you Vice chairman do I have a second I'll second commissioner Simon with the second okay any discussion very well please vote unanimous 70 motion passes moving along into the public hearing non-consent non-consent public hearing items will be heard at an individual public hearing and will be acted upon by the commission by a separate motion during the public hearings anyone wishing to comment in support of or in opposition to a public hearing item may do so if you wish 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 now we have a number of the comment cards the yellow comment cards up here for some of the folks in the room if there's anyone else that is still interested and has not filled one out please do so I believe the yellow cards as Vice chairman bian was holding up there there in the back so if you did want to speak or she was shaking your head are there no more comment cards okay yes please just fill one of those out and then give it to one of the staff and they can bring it up to us when that item is up okay starting out we have number eight N9 GP 22-16 The LumberYard and I know that uh Kristen is out so Veronica was going to come up and put up an aerial this item was requested to be continued but we have a number of members of the public that would like to speak so we are going to open it and and and listen to the public comment okay first card that I have is and if I mispronounce your name I do apologize Robert gves he's looking to speak on number 8 n he is opposed to the item and he does not wish to speak next is Brian hookum wants to speak on 8 and N he is opposed the item and wishes to speak Mr hookum please come up to the mic you'll hit the button and it'll go red um and you'll have three minutes to speak and just begin whenever you're ready sir my name is Brian hul and I reside in Neely Ranch I'm here to urge you to vote no on this development there are many reasons to reduce the density or find another use for those location hopefully listing a few of these negative items will help keep this high density development from being constructed it is my understanding that when the general plan was issued the intent was to have access across the tracks allowing traffic to flow north to an arterial since that will no longer be an option for many years or possibly ever it will leave this development with with a single point of access for emergency vehicles I do not recall ever seeing an apartment complex without a minimum of two points of access to collectors or arterials for emergency services also with a single point of access traffic needing to go north possibly half the traffic will cut through the subdivision to gain access to Cooper Road this could be hundreds if not thousands of cars skipping the lights at nean Elliot and Cooper Elliot and going through our neighborhood this is already the case on a smaller scale for the lumber yard where the HOA has tried to mitigate this current issue with speed bumps these new apartment complexes have that new car smell in the beginning but go downhill soon after commitments are fulfilled many get sold after 10 years and eventually wind up in a portfolio where the shareholders don't care about the Aesthetics or the community and become rundown in closing I don't feel this is a fitting location and hope the Commissioners reduce or change the proposed development density or use there are better places in Gilbert suited for their proposed highdensity complex thank you thank you very much Mr hook [Applause] next up I have Michael France he wants to speak on GP 22-16 he is opposed to the item and I don't know if he wanted to speak yes okay please come up three minutes sir start when you're ready my name is Michael France I'm a resident of uh neie Ranch Homestead the major crossroads are Elliott and Cooper my concern are based on two elements of the zoning modification requested by the developer high density multif family requested instead of medium density multif family and a reduction in opena space requested instead of open space per existing zoning standards the site is uh across the street from a high voltage power substation across the street from an unsightly solar farm 500 ft from a Wastewater groundwater recharge Pond adjacent to a railroad less than a th000 ft from a sewage treatment plant the above detrimental factors combined with high density multihousing multif family housing and the requested red reduced open space is a combination that will result in significantly less desirable property for residents compared to other multif family homes in the Heritage District please limit the zoning request to medium density multif Family Home Three Flor Max height like the adjacent highquality property District Lofts medium density multif family uh with open space as defined in the City Zoning requirements thank you [Applause] sir okay the next I believe is Carrie Lis um number eight and nine she's opposed to the item and she wishes to speak please come up and okay three minutes Miss Lis and start when you're ready it's Lewis I'm sorry I'm sorry LS good evening my name is Carrie Lewis I live at 350 West Century Avenue for the last almost 30 years now it is the southeast corner of Neely and Elliott I will be drastically affected by the increased traffic there one way in one way out minimum number of cars what are we planning on 400 450 for a 300 unit apartment complex you know the safety has been bad they finally put in the street light there it's reduced the accidents but it hasn't stopped them um and as far as safety in the surrounding neighborhoods what is the plan there who is going to take care of the extra security measures to ensure that the existing communities residences are still safe in the 30 years I've lived in my home one time was I broken into and that was when I first moved in no nothing since then what are our reassurances that the traffic is going to be taken care of and the safety of the surrounding communities be taken care of possibly the developers could buy some homes that are now airb and BS or Flippers in the res in the areas around there town of Gilbert would provide those for a charge to Phoenix police officers fire department something to give us some added Security in the surrounding neighborhoods thank you thank you very much I now have Annette mckl 89 opposed to the item and wishes to speak please come up turn on the microphone red and begin when you're ready a button on the base there yeah you're on thanks thank you good evening um my name is Anette mckl I've lived in Neely Ranch since 1997 in fact our home was the very first one built we moved to Gilbert for a number of reasons it's a beautiful Community with wonderful schools um but over the past few years we've seen the density of the population grow and grow and grow if you go down towards Santan there's thousands of apartment units that are going up all the time and I think the character of our community has been affected Gravely um this proposal of building high density apartments in that one little spot with one access road going in I believe is a mistake many of my neighbors here have talked about the traffic I go for early morning walks and let me tell you the people from the lumber yard always cut from Coop and not just um now that the intersection is impaired but even before that they cut from Cooper through Aviary to Neely and then to work it's the only way aside from driving down Neely to the signal to get you know over to Cooper and um that's going to happen you can tell people don't do it but they're going to do it and I'm very concerned this is a a community with many small children and they play Outdoors like children like to do I I think it's a safety hazard you know there's going to be traffic and congestion and you know they're going to cut through our community thank you thank you very much I now have John Hy 8 n he's opposed to the item and he I have both boxes checked for wish and don't wish speak so if you okay if you'd like to speak Mr H please come up I'm John Hy my issues were covered by the second speaker it's just a poor location with the railroad there the sewage plant in the area or the recycling water I just want to reinforce what he said because I agree with him 100% there are other options for that land you know I mean it could be a dog park for a l care or a playground but I I certainly don't see an apartment complex traffic on Avery is just grown immensely since the construction started on uh Cooper and it's something we've got to consider other than building a bridge over the railroad tracks thank you thank you very much sir now it I have a number of other cards and they were indicated that they did not wish to speak if I read your read your name and you do wish to speak please um indicate so I have Thomas daylor eight and N he's opposed to the item and he does you do wish to speak okay come on up Thomas hi thank you uh my name is Thomas daylor I am a resident of homeowner on Avary way in the Neely Ranch neighborhood um I'm here to express my concerns regarding the prosed residential development at the Foxworth galberth site um I understand this development fits with the long-term plans of the Heritage district and is beneficial to many downtown businesses and the town as a whole however the concerns of existing residents who will be most impacted by this development should not be ignored my primary concern is with the increased traffic flow on Aviary way and the safety implications this will have particularly for the children and our neighborhood it is obvious future residents at this development will be cutting through Aviary way to access Cooper Road and ultimately the us60 this will result in a dramatic increase in traffic in our neighborhood I have a one and a half-year-old daughter and my wife and I are expecting our second child in July the additional traffic will expose my daughters and all the children in nearly Ranch to additional risk of traffic accidents my neighbors have proposed a fair compromise of closing off the east side of Avary way to mitigate the risk however it is my understanding this proposal was rejected by City Planning if the town would like to go ahead with this development then it needs to find a compromise with residents of De Ranch closing off Avary way is a fair compromise for all parties involved if that is not possible I would like an explanation of why it cannot be done and an alternative plan to mitigate our concerns thank you thank you sir and now have Sheila Williams she's opposed toight items eight and nine and she does not wish to speak and I have Jamie Thomas items 8 and N opposed to the item does not wish to speak comments stop ruining Gilbert okay is there anyone else that still would wish to speak that has not filled out a comment card yes please if you could fill out a yellow card um from the back and then bring it up we'll get you a chance to speak and and you can come and speak ma'am and then fill it out after and just give it to us following just so we have your name and everything for the record please okay thank you um I think it's a terrible Place pull the microphone down just so that everyone can hear you please yeah thank you thank you I think it's a terrible location it's very noisy the train goes right by blowing its horn to to make a signal for the stop for the Gilbert roadway and um it does it at 1:00 in the morning uh 4:00 in the morning 5:00 in the morning there's a lot of construction noise there we hear the beep beep beep beep of uh of things moving back uh and also when the train goes by and Blows Its whistle then it starts off a whole lot of coyotes live in the Avary and uh they start howling when the train Blows Its whistle or when the police cars uh use their sirens and also on Friday and Saturday nights there is live music in downtown Gilbert and we can hear the music where we live I live in the middle section of Avary and no I don't hear it when my TV's on but when I turn it off to go to bed I can hear it and it's on till 1:00 in the morning so if I can hear it that's going to be a disruption for any of those people unless you really build apartments with like brick walls and double pane windows they're going to be disturbed by it and that's that's why I say it is a terrible place to put it Miss could you please state your name for the record Paula Grimes thank you thank you Miss [Applause] Grimes and I've seen a number of other individuals grab the cards so if you do wish to speak um please come up and wanted to time and speak and then fill out the card after just come up and state your name or if you didn't want to and just want to fill out a card I don't want to put undue pressure yes sir please come up state your name and then speak and you can fill the card out following sir good evening my name is uh Jason yarberry um Paula is my neighbor along Avary way and I too have concerns with the area uh one has been normally uh uh spoken about already was the traffic and congestion uh I to uh see a lot of that with the existing um uh tenants uh with Foxworth galbreth towing service and others landscaping services uh coming through there um we do have speed bumps uh to some of them that is just a mere suggestion um of some of the rate speeds that do come through there um I am concerned also with the um amount of people moving into the area of how the uh infrastructure within Gilbert for uh um um sewer water um within the environment as well as other social infrastructure Services schools uh how well that they can accommodate the additional uh capacity of people moving in to the area so uh again uh it was noted that of uh capping every in East Way was um not approved uh with this um I would like to if we can look through this is possibly of reducing this from high density to medium density or other uh uses of the land that could be U uh used that to help the residents of Gilbert uh also I'd like to propose having to the needly extended over the railroad tracks as another Outlet uh for traffic because right now with the construction in the uh at Cooper and Elliot having another area availability in out would be appreciative of the current members there so thank you very much thank you yes thank you very much [Applause] sir are there any other individuals that wish to speak yeah please come up sir and just state your name and then uh speak and then drop the card off after please my name is Jerome Brier I'm a resident of Neely Ranch I serve on the board of director c s along with our second speaker and there might be a few others in the room uh I wanted to State my opposition to this this plan because it just doesn't make any sense to put a apartment complex out there in the middle of an industrial island with all of the neighbors around it being I mean take a look at the 12 lots that are industrial Lots light industrial if not medium industrial to the south of the property they're really you're really alienating and making an unattractive place to live by allowing this to become residential of any type uh it makes a lot of sense that with the the news from last September with the the turnover of the land that's going to become the the the water retention Basin that this become use that it becomes a lot much lighter impact usage for the community so that I would like to state that I agree with everything that was said by my neighbors as well as the other people in the area who have speaking uh who have spoken so uh just would like to State my opposition and and don't let this project go through people shouldn't be living out there north south west and I guess the only neighbors that they have that are also residential are to the east but they aren't even they aren't even attached in the same uh way that that this is a one-way in andout situation thank you very much thank you sir Ser are there any other members the public that wish to speak on this item okay uh we have a note on these items uh that there is a continuance to April 3rd um we'll do these as separate motions so I will entertain a motion and just to note for the public that approval of this motion is simply approving a continuance of to where it will be heard on April 3rd uh 2024 chair I'll make a motion to approve the continuance of item 8 GP 22-16 lumber yard continuance to April's 3D April 3D okay we have a motion was that a second commissioner Simon I made the motion oh my gosh I mean I can't second myself wow I was I was throwing my voice I think that was good he's very Ventrilo okay so we have a motion from commissioner Simon and a second from Vice chairman bian any other discussion we'll close it please vote motion carries that item will be continued to April 3rd I'll will entertain a motion for item number nine chair I'll make a motion to approve the continuance of item number n z22 D16 Lumberyard to April 3rd I'll second that all right we have a motion from commissioner Simon a second from Vice chair biani please C vote motion carries 70 that item will will also be heard April 3rd 2024 like to thank everyone for coming out and expressing your opinions on it and uh we will now move on to item number 10 z238 Heritage North and we will bring up Miss Ashley McDonald thank you chairman and commission happy to be before you tonight to talk about Heritage North uh you saw this last in January as a study session item um and then we've had a number of changes and um evolutions of this project since that time so um happy to share those with you tonight the project uh as you may recall is located at the southwest corner of Juniper Avenue in Gilbert Road um this site you've seen a number of times throughout the years um so by way of background it's about acres for the total site the pad was originally approved in January of 2022 um with design review and use permits following that in February of 2022 because this is in the Heritage District uh the design review application is reviewed by the Redevelopment commission um but the Planning Commission still does make a recommendation on the the pad so uh this commission won't see the design review application as it moves forward but it will be reviewed by the Redevelopment commission the Quest tonight is to amend the existing pad um they are specifically looking to modify their approved development plan to allow for phasing as well as modify conditions of approval um that were previously approved to orient the commission to this development once again there are nine total buildings proposed on this site starting at the very top uh building one is the large building at the northwest corner of the site that's the multif family building which wraps a residential parking garage building two is located at the Hard Corner that's the Hotel Site building three um located uh just south of the hotel site is a two-story building office on the second floor um with uh ground floor retail type uses uh buildings four five and six are at the center of the site those are anticipated to be retail or restaurant buildings uh and then building seven located at the South End of the site is the the proposed office building building eight is the second parking garage on site that's a fivestory parking garage uh adjacent to Ash Street and then building nine is a a kiosk at the center of the site as part of this project the applicant is required to do a number of public amenities first being the uh completion of the Common's open space that's located at the center of the site they're also required to improve water towerway which is the Poo that connects the south end of the Heritage District all the way up to Juniper Avenue uh they're also required to make some improvements along the western Power Line Trail and so those are all uh part of the original approval of this development and anticipated to uh continue to be part of this project as it moves forward the applicant as I mentioned is seeking to modify their development plan to allow for phasing when this project originally came forward it was anticipated that it would be built as a single phase um there have been a number of changes in in the market in um office development that have uh required the applicant to go back and take a take another look at how this site develops and so they're proposing that be developed in uh two phases the first phase would include um everything in green on this site so they would do all off-site improvements um they would also make the improvements to the Western Power Line Trail construct the Poo construct the Common's open space and those public amenities in addition they would develop the multif family portion along with that residential garage that is wrapped by the multif family they would construct building three which was the two-story office um building with the ground floor retail uh and then they would construct buildings five and six which uh are anticipated to be again retail or restaurant and then in addition you'll see on this plan they are proposing to uh construct surface parking um in the location of the South garage and the office building phase two of that development would include uh the hotel which may be constructed as part of phase one depending on timing of of um finding a hotel uh to locate on that site and then they would complete the rest of the development that I covered in in the initial slide so they would complete the uh parking garage building four which is um up against the parking garage and building seven which is the uh office building one of the things that we had talked about as as part of the study session was that the uh site does have an approved development agreement on it the original development agreement did not anticipate this project being built in multiple phases however in October of uh 23 we took that devel velopment agreement back to Town Council to revise the schedule of development to allow them to phase it I've had a few questions on what that phasing plan looked like so I wanted to provide those uh some of those dates for you it is anticipated that construction would start um towards the end of this year in the fall of 24 um and that's for phase one development phase two development we would anticipate to start next year uh in December of 25 um with full completion of the project in December of 2027 so part of the applicants request um the original application included a condition that indicated that they were not allowed to um charge impose or collect any fee toll or cost for the use of any parking spaces on the property uh as the applicant has continued to look at this project um it makes a lot of sense for them to be able to charge for parking particularly for some of the office users who may want to reserve parking for um their tenants or um the residential component who may want to be able to reserve um parking space as part of the lease for the apartments themselves and so uh they've asked staff to take a look at this condition um and see if we could uh become comfortable with allowing them to reserve some parking and so um this is one of the items that has changed since the study session um and I had indicated at that time that we were continuing to work with the applicant on what these parking numbers were going to look like as far as how many could be reserved so uh what we came up with was that in phase one no more than 477 spaces may be reserved those reserved spaces would be for uh the multif family residents and guests as well as the hotel um All Surface parking would be required to remain public parking um and then 20 spaces in the residential garage would um also remain public parking uh and then upon completion of phase two and the the part here highlighted in yellow I have an updated development plan um and so I I just ask that the commission make that modification to the date in the condition uh to the most recent plan um essentially they removed a a hash over the phasing portion for me but it's got a new date on it um but as part of phase two uh the entirety of the project shall have no more than 963 spaces reserved that would allow them to reserve for office employees Hotel guests multif family residents and guests uh and then there shall be a minimum of 327 public parking spaces uh during the hours of 7:00 a.m. to 5:00 p.m. any reserve spaces in the South garage shall only be reserved between the hours of 7:00 a.m. and 5:00 p.m. um and then they must be signed to allow parking outside of those hours um and so happy to answer any questions on on how we arrived at those numbers if if anybody is interested um but we we took a look at both the parking study that the applicant provided um as well as how many required spaces or how many spaces are required for uh the retail residential uh I'm sorry the retail and restaurant users um and felt comfortable with these numbers that it would that it would uh provide adequate parking for those users uh and then as far as other condition modifications in your staff report uh condition s was one that was approved with the original ordinance I left it out of your staff report on acent it was a copy and paste error um and indicated that we were adding new conditions St and U but we're actually adding new conditions Tu and v um just because I had accidentally omitted s um so those conditions we're looking at adding our as part of the design review application the applicant shall submit an exhibit identifying how parking will be accommodated during phase 2 construction uh We've also added a condition that temporary construction fencing shall be installed around the future phase uh shall be enhanced fencing and approved as part of the design review application and then if the hotel is constructed as part of phase one the applicant shall utilize valet parking during peak hours until phase two construction is complete to accommodate Hotel parking um with that I am happy to answer any questions that you have um oh I should add Redevelopment commission did hear this item and Rec and made a recommendation of approval on it as well thank you all right thank you Ashley I'll bring it up to see if there's any comments or questions from Commissioners like commissioner Fay thank you Ashley there's an a I've got a bunch of points but um there's a number of discuss there's a discussion about parking deficit in the uh staff report could you talk about that a little bit sure um so during construction of phase 2 it is anticipated that the that the site will have a parking deficit during the construction ruction period um because they are achieving some of their required parking for phase one on the future site of the office building in the off in the uh South garage when they start to construct those that parking will need to to be um Disturbed obviously so uh that is one of the reasons that the site plan has been revised from the time that you saw it at study session if you recall the study session um uh site plan didn't have parking on the office site but I think the applicant began to realize that as they start to develop that garage they were going to have to put parking um on the office site anyhow so um they will have to provide to us as part of the design review application a plan that shows us what that deficit is going to be for parking um and we do believe that the that the district for a period of time during construction um can help to uh meet some of that parking demand for what the deficit is but they'll have to provide that information as part of their design review application so the the the district the Heritage district is already buckling under a deficit now um how is it going to I've actually got multiple places here because I but how is the how is the district going to absorb the deficit from this project so the town does or and the code allows a uh for off-site parking within the Heritage district and so the town manages the supply of parking spaces that exist in the district um and then um what is allocated to some of the businesses and so we would look at how many spaces are still available for us to allocate and we could do that temporarily during construction um the town and I hate to I hate to put anybody on the spot but um I know at one point and I don't know um how far along it is there was consideration of developing um some Lots uh with some surface parking do you know anything about that by the park the University building thatne needy to the rescue good evening commissioner Sydney bethl price with the office of economic development in the uh Redevelopment line of service so the town when Heritage Park did get fenced off about a year ago did create a uh temporary lot of about 250 parking stalls that's located um directly west of the University Building anticipation of about those 500 stalls going away um as Ashley talked about the town does actively manage the parking in the district and we do have a Heritage District parking master plan um that we'd be happy to uh provide to the commission so you guys can have some additional information about our shared parking model but before we go on I've I've read the Heritage District commission that parking plan that document is nonsense and and we don't really need to read it because I think anyone who deals with the the Downtown parking knows that um The Heritage district is buckling under a shortage of parking people are making a routine decision to bypass downtown Gilbert the restaurants aren't full and people are making a decision deliberately to not go to downtown Gilbert because parking is such a pain I I have friends who used to come to every Saturday Farmers Market from Mesa who drive past our Farmers Market to Queen Creek on Saturdays because they can't get parking um so I I mean that parking stud if that's what we're doing to manage we're not managing and it's only going to get worse I mean I get I'm I'm not hung up too much on the temporary transient condition when we're going from fa when we're building phase two phase one's on the ground and we're going to go to phase okay there's a temporary Trend temporariness there um but part of this is we're going to we're going to bring in uh valet parking the people who don't Valet Park what are they going to do if I decide deliberately not to Valet Park I can go park in the free parking that's over bared right now is can I uh chairman and commissioner uh it's anticipated that through the condition and and a condition in the in the parking um AUP that the hotel is required to offer that to their to their um patrons or their guests and so um you know we anticipate that it wouldn't necessarily be something that the public were expecting to use but that the hotel would use right but the public the the the the the total amount of parking on this Heritage North is based on the you know hotel and the resident and the apartments if I'm coming to the hotel I can pay to valet park or being a middle class Gilbert type person I can decide no I'm not going to pay to valet park I'm going to go park on the free stuff down the block which means we've undersized the parking because we now have a bunch of valet spots that are sitting empty while people are parking in the restaurant spots so chair and commissioner member to be clear the deficit is only during constr construction the site does Park itself um and that was a requirement of the development agreement you're you're right well two two separate topics so there is a deficit during just construction I I'm not completely sure there isn't a deficit in phase one but okay but the allowance of them to segregate or the the changing of the condition to allow valet parking or to reserve parking if people don't pay that extra money to take advantage of that extra business model kind of like the way kind of like the way on on airlines nowadays everyone is packing the carry-on because they don't want to pay the fee to to uh to check the bags which it the the airlines were designed for all that bags to go underneath right now we have designed a number of spots for the hotel that are going to sit empty because people like me are not going to want to pay the extra fee and we're going to go park in the the free spots which means those empty spots I me really what it it is is those empty spots that are being reserved as a profit Center shouldn't be counted in meeting the parking requirements for this property so chairman um and commission member are you so the fact that the the spaces in the South garage are reserved only from 7 to 5 does does that change your perspective I I Helms although I don't see the valet the valet are only going to be reserved from 700 to 5:00 they're not going to valet park at night so the valet is to help alleviate the deficit during so if the hotel comes in as part of phase one it's really just intended to help alleviate the deficit that will exist during construction of phase 2 at the completion of construction um the site will have sufficient parking for the for all uses including the hotel but they're not going to get rid of La parking at that point they're going to keep it which means that people should they choose to the condition requires it during construction okay they're not going to unless we require them to get rid of it after construction which we're not they're going going to keep it moreover the residential the residential Reserve spots are going to stay as well so people who get residents are they're not going to be require maybe they are they're not going to be required to get a reserve spot and if they don't get a reserve spot they're going to add to the deficit burdening they're going to add to a deficit burdening the downtown Heritage district and and chair and commission member it might be best to have the applicant kind of address how they anticipate managing that parking cuz I I think I think we're a little out of my wheelhouse on on how up on you Ashley is is the applicant Adam I look forward to beating him so I I the the two things that would trigger me or kind of trigger me are if you're delaying offsite improvements which it doesn't look like they are I mean I I think phasing is in fact not only normal it's almost inevitable When developing these kind of projects so phasing is okay I mean in fact it's probably necessary if your phasing is to take off-site improvements and turf them into the Final Phase that's a red alert that somebody intends to not do them or you know wait until the end and but it doesn't look like they're doing that here it looks like some of the trail improvements and stuff are happening more or less I I'd expect at a minimum the offsite improvements to happen when the appropriate phase happens and it it looks like that part's happening so that's that's okay but the other part is I I I mean I'm sorry it's just it's so bad in downtown sometimes that I'm watching the parking like a hawk and The the I think the deficit conversation is more serious than we're making it look the transient just during construction condition is not that big a concern because once they start construction yeah it'll be under but that'll be a year come on that's all right we can we can all hold our nose for a year I think the overall problem is more serious than we make it look and the idea of Reserve spots the fact that it's during the day or at least some of it's during the day Helms the idea of reserving spots whether it be for valet or for individual businesses or for the apartments which would be I assume 24 hours or at least some of them 24 hours has an exacerbating effect and essentially causes a deficit and and I don't think we have the manageable amount of extra parking particularly in the actual Heritage District that that we're kind of glossing over so um anyway there's kind of my my I kind of sorry because you're right I'm beating up on you unfairly so I kind of went into my big wrapup that's my my big concern I'm a big let me and let me qualify I'm a big fan of the project as a whole I think it's great this change to the project is causing a significant externality that will impact the citizens of Gilbert and particularly the the operation of the Heritage District okay I've dominated sorry I've taken over apologies to everyone thank you commissioner Fay uh can I'm just want to ask a clarifying question because I feel like I'm missing uh something the valet parking is a requirement that the town is putting upon the developer is that correct uh chairman that's correct you can uh fit more spaces in when you do ballet they can stack the cars and um and and fit more in and so that's why we saw that as a benefit and am I understanding then because I believe commissioner F's concern is that there's going to be you know I guess an area that's like no this is only valet and and I guess I at this point as a Planning and Zoning I don't know if we even have any purview over the actual operations of that type of thing and that's where I think the semantics of saying You Want Ballet because you get more spaces versus an ongoing business and I guess guess my question would be if we left valet out of this and then a business decided to say I'm charging for valet based on the zoning characteristics it it's in is that something that would be illegal for them uh chman I don't think that the condition would allow it because the condition has a spe a specified number of spaces that they could reserve um and I think that we would make the determination that the the valet would take up the Reser spaces because that's a a non-public user who's who's eating up those spaces so it would count against what they're allowed to reserve okay all right uh anyone else commissioner Simon please yeah I just have a question is it within the town that we choose to not allow a developer to charge for parking so in this particular project project um we were very concerned again um to to commissioner fa point that if they charge for parking on this development it would burden the town facilities because people would choose to pay um or to to park in a free space rather than pay and so that was the reason originally we had put that condition in um was in order to prevent the burden on Town facilities by pushing the people that would Patron their facility um into town Town um parking garages or or um you know our facilities so it's not typical that we have a condition like this but given the nature of the Heritage District given the nature of this project that was something that we wanted to make sure that we were um taking into consideration which makes sense and and asking probably an unpopular question with regards to a development I mean if we're if obviously we need the parking so from a development perspective if they want to build what they're looking at building and we want them to build what we're looking at to have them build potentially there's a height situation where could they go higher on a parking garage and then we give them the ability to potentially charge to help recoup some of that cost uh chairman and commission commissioner there is a a section of the development agreement that indicates that they will build a five-story parking garage and that's what they've provided um in order to go higher than that they would need to further amend the pad to increase the height um and that was not part of the request of this application obviously and not advertised and so that's not something at this time that could be considered um and I I would also need to take a look at the at the development agreement and see if it's limiting to 5T or if it was a parking garage of uh five stories or if it was a parking garage of at least five stories I think it just said it was a parking a fivestory parking garage um so there may also be that um component that would play into it thank you understood I I understand we don't want to set this back months again with having to come back just a thought so appreciate it I I wanted to come back in for a second are we requiring that they charge people we are not that was a request of the applicant that they be allowed to charge for parking and how much of the parking are they planning to charge for at total build out uh 963 spaces so that includes both 477 in the North Garage which is used for the residential and the um hotel and then um a I have math here written down um 477 in the north garage and 486 in the South garage the parking spaces in the South garage may only be reserved between again the hours of 5 and uh 7 a.m. and 5:00 p.m. um that coincides with um kind of peak hours making sure that during peak hours of the other uses um that those are unreserved and that they're reserved during peak hours of the office and so and and this is where I want to make a distinction that I I don't know that I am clear on when we're kind of I think blurring valet and reserved parking like a lot of these spaces correct me if I'm wrong but they will be reserved for people that live or work there and they will have to pay somebody that owns it in order to have their little name put on it or I am number 333 not you have to pay me 20 bucks and tip me another five drive over there is that correct chairman that's correct we would anticipate in the residential garage that would be part of their lease that they could they could reserve a space for for um a fee and then in the in the South garage we would anticipate that there would be office tenants who may choose to reserve spaces for their employees right okay I just wanted to clarify that thank you commission Anderson boy this is all confusing so uh let me just regarding the phasing stuff I I I agree with all that it's just the times of the economy right now so I think there's no issue with that I'm really having a hard time just wrapping my head around this whole parking thing so the North Garage that's WRA in the multifam that garage is specific for the multif family parking correct correct is that size the amount of stalls that the multif family is required to have right now it is there is a approximately 40 spaces I believe in excess in that garage that with the original approval we're intended to help serve um the hotel and there's also a coffee shop as part of the the multif family building and so those excess spaces beyond what is required to park the residential were anticipated to to be for the hotel and the coffee um the coffee shop and then the so those ones would continue to be reserved for those users with 20 spaces available on the ground level okay so in the multif code isn't it already that we multif family developers are supposed to provide one covert spot per unit correct so is that the equivalent of a reserve spot it it is um and there's um some additional parking requirements depending on how many rooms you have in your unit and so um we did the calculations obviously as part of the design review application um and that garage is sized appropriately for the number of units they have and and the makeup that they are in terms of number of units okay so if I'm understanding correctly um so that North Garage that's for the multi family it's got adequate parking in there stalls for to meet uh the multif family code requirement and technically there's usually one space per unit provided are you're saying that that reserved unit that reserved space would now be leas to that unit should they want a reserved space the applicant might be better to answer they plan to manage that but okay so we'll we'll table that one now let's go down to the South garage when that that's part of phase two and how many Reserve spaces are in that one they will have a total of 486 reserved spaces in the South garage and that's from the hours of 7 to 5 correct and who is using those spaces between seven and five they are able to be reserved by the office users okay so 470 how many spaces 477 48 486 486 Reserve spaces between 7 and five strictly for that office building correct not multi family or hotel okay now I get it all right um yeah I need to learn more about that North garage now um because if that one if the anticipation is that one we're going to call these reserved spaces for the units that are there and if the attent is those resered spaces are going to be leased to the people living there I just don't think that's a good idea because there's nowhere in the multifam in the zoning in the Land Development code that requires that if I'm understanding correctly I've you know done a lot of multif family stuff in the town that within the LDC um it already requires that one covered spot be assigned or reserved to a unit so if that's the case and that we're saying well we're going to let the operator now charge money for that I I just don't think that's fair um so we'll we'll have the operator come up and correct me if I'm wrong with that and that's that's all I had thank you thank you commissioner commissioner Davis thank you chair Ashley I think my question is simple um at buildout out like when all is said and done we've gotten through the phasing everything um you said that they've met the minimum parking requirements for the development is the town getting a surplus are we getting spaces towards the district in excess we are not okay so it's just meeting so there's not going to be additional spaces okay thank you Vice chair bian please thank you chairman um yeah I guess my my question and concern were kind of echoed what commissioner Anderson the road he went down so my understanding is the multif family building as proposed that will park itself is that correct that is correct and then the surface Lots in phase one will be to cover the other um planned retail and mixed juice that's going to go in there uh chair and vice chair or that is correct um there are an additional 20 spaces in the residential garage that can help to to satisfy um some addition requirement and provide approximate parking for um the coffee shop for example okay and so those the the lot counts those are either based off of units or the town's form uh methodology for square footage based on land use correct okay and then I guess the the next Point's kind of more of a design point of view but how do we protect or how do we provide kind of a a safe route for pedestrians down that poo if it's all just service lot at least in phase one and then my question down the road or my concern down the road would be when that goes under construction in phase two how do we propose routing all those people from parking to the north and coming down so again that's more of a design consideration but I'm just curious on that yeah so um as part of this plan um this is for illustrative purposes only we have done a first review of their design review application um but that was prior to us working um towards this plan that that shows parking on that lot um and so when they do submit for their design review application I anticipate that that there will be um some sort of delineation that that shows that that the um poo um and if not staff will certainly make a comment to ensure that that it's clear that that's a pedestrian path um I'm not quite sure at this time what what that looks like I think we anticipate the applicant to to propose something and we'll go from there yeah sure we could definitely leave that for the applicant during construction you could just push him out onto the sidewalk on Gilbert Road I mean I think that's the the that's probably the the easy way yeah um but I was just curious if the P was supposed to be kind of more of a feature of the development so all right thanks Ashley thank you chair my pleasure um you know I one question I have is so what we're saying here is they're doing the minimum parking by code for the uses going in and they want to charge for that so like let me just you know in my mind I'm trying to get this so if I wanted to put in my little office I would have to have X number of parking spots I I don't understand how they will lease an office if somebody says I don't want to pay extra for parking because then technically I would say that's out of code you have people in an office that don't have an assigned spot so I for me the semantics of how this works um is convoluted at best but nonetheless I want to just take and not continue to bate a Ashley too much and say if the applicant would like to come up we would love to hear from well chair if I if I can um maybe address that very quickly I I do want to put Alex on the hot seat for a minute though so um we have crafted this language in a way that we felt um pretty comfortable with they can reserve no more than 477 spaces as part of phasee 1 and they can have no more than 963 so I think if they're finding that their office tenants are not wanting to pay to reserve those we're not requiring that they Reserve that many it's up to that as a Max okay so you could still lease an office space and not rent a space you just don't know that you're going to guarantee a spot when you go to park yeah and I I guess that that to me it opens up a a whole another can of worms to where it's like well if somebody runs a food truck and wants to pay more money then I can rent an office but we don't have any parking places for you so tough luck you know take the light rail and I'll say light rail in Gilbert and see what happens so um yeah anyway I I'll I'll leave it at that and we can move on to the applicant to hear the answers to all of these questions and I want to yell at Adam before we're done just for I don't know if there we'll find a reason however he on the agenda sir he he didn't wear a jacket tonight so I don't know if he'll come to the podium so yeah good evening Commissioners Alex hay 2525 he's Arizona builtmore Circle Adam was going to come up but commissioner Fay he wanted me to come be the punching bag tonight so um happy to take the blows tonight um I know everybody's familiar with this project and I think I'll skip a formal presentation and perhaps we can just discuss the the two specific requests and um and happy to answer any questions you have I know there are a number related to parking uh for the phasing plan we can touch on that first because I think there were a couple questions there um I think as everybody knows everybody wants this project to come out of the ground as quickly as possible the town the applicant neighbors um and the the request for the phasing plan is simply just the condition of the capital and debt markets and the um as they relate to office development and uh there the challenges with project financing so in order to bring the project forward as quickly as possible uh we wanted to request the phasing plan to bring forward the balance of the site and phase one would include as we've discussed the multif family all of the retail um all of the offsite improvements that would include you know in All Phases it does encompass the entirety of the offsite Improvement M ments as well as uh the poo and as Ashley mentioned there is a revised development agreement that does have uh the schedule of development that would require phase two the office and garage and uh potentially the hotel although the hotel can come in either phase and uh they're currently talking with some potential users that I think everyone would be happy with uh at this site so um regarding the parking the we appreciate the time that uh the commission G gave us to to work with staff to kind of hammer out some of these issues and get into the some of the specifics on the numbers to make sure we had the correct level of detail included in the um amended pad and the condition regarding parking um I think it's important to note that in Phase One the project will be parked per code and with enough spaces to to support all the uses on site in phase two it will also be uh parked per the the shared parking study that was submitted and approved uh recommended for approval by this commission and approved by Town Council so I think in in Phase One and phase two at full buildout you're looking at a a completely self-sufficient site in terms of parking the only time when there would be uh a likely deficit is the very short period of time during uh the construction of phase two when when commercial garage is being built um and in that in that time we'll be happy to work with staff and and come up with uh a a solution that works uh for that interim period uh I think there were some questions about the reserved parking and the ability to charge it it's customary for projects like this to be able to charge for for parking spaces and I think what the change that's being made here is that the Covenant as written in the original uh pad approval just prohibited that outright this site this project will always include complimentary parking for for the public and that will be uh complimentary parking that is sufficient to support the public uses the the parking that will be reserved and have the ability to to charge for um would be the the garages and uh the commercial garage for the um employment uses the office uses and and in uh the multif family but only as it relates to the reserved spaces that are potentially assigned spaces um and then the hotel to allow for uh payment for overnight parking which is I'm sure everybody has stayed in a hotel and is is accustomed to an overnight parking charge um I think again there there's never an intent to charge the public uh for the public for the use of the public spaces um we're regarding the valet as you probably experienced vast majority of valet is is complimentary and is you can tip or you can not tip but the intent is not to charge for valet with the hotel use the uh where the charge would come in is for overnight parking which again is is customary for those types of uses um I think at that point I I can turn it over to um let you ask any questions and hopefully I can provide the answers and if if not I can certainly um get those for you thank you very much missioner Anderson or yeah go ahead so if if I he if I heard you correctly you're saying that the multif family garage they're going to charge the residents there for a reserved space have the option to to for what do you mean option to for a resident to reserve a assign space okay I've never heard of that in a multif family and I I think I don't know I just um that's really killing it for me to be honest um I understand charging spaces in the South lot for the office spaces where a tenant goes in there you know they have 10 employees or whatever they want to make sure their employees you know can get to work in a timely manner that makes sense but to charge a resident extra extra fees for a parking spot that nowhere else in the LDC code requires it in other other multif family sites in this town to me is ridiculous well to be clear there there would always be an option an unpaid option for where do they Park where do they Park par I'm there's an option for them to not Park in a parking garage in a unit where they live there would be available spaces in the garage the question would be whether you the tenant would like a a reserve space whether it's at their every every every apartment community if I've ever designed has at least one reserved spot that goes to that unit and now that you're taking that away from them and if they want it they have the option to pay it or they can go find somewhere else to PK it's ridiculous to me I I'm you let's move this on to somebody else thank you sir I just wanted to clarify when what you were saying you were saying that they still have another free spot so like I say okay I don't want to pay then I'm not in this one but I go to that one that's correct yeah so I'm not sure I'll let someone else open up because I just want to try to think of that math but Mr Simon I just have a I just have a quick clarifying question um at buildout when this is actually completed what's the difference in parking from what we started with two years ago when we approved this as a commission the exact same okay thank you I I don't necessarily know that's true um in terms of like the geometry yeah you're you're right it is and and I've since we've been talking here I've come around to the commercial um assuming that the property owner doesn't segregate a bunch of spots so the only ones that are reserved are the ones that the individual business here I'm we've got this parking for the businesses these guys are paying extra to have their Reserve spots the rest of them are for the other businesses if my business doesn't reserve it you may have to park on the top floor I'm concerned that the property owner seeing this as a property profit Center will Reserve extra spots that that there'll be some transactional costs here but okay I I I'm kind of I'm surprised by myself because I'm coming around to the commercial one I'm I'm kind of okay with what we're talking about the residential one and the hotel one still don't make sense particularly the valet portion of the the I mean we see this in in restaurants in Phoenix where you've got these big great restaurants doughbird comes to mind the Osos up in Phoenix not our one where they've got a great restaurant and they've got a tiny parking lot and so the valet take the whole thing and yeah two the place is packed to the gills over here and over here it's empty but that's because the valets have it if you the only way to get a spot is the valet and you've got a deficit in the town because a bunch of cheap people like me don't want to pay the valet so we're going to go find spots in the I I think we're contributing to the deficit and and the residential one I I I don't see that working I'm I'm my head's kind of always been conceptually bogged down kind of where commissioner Anderson's going is that I don't see it working in fact I I don't see how it can work because it's more 24 hours I don't see how it I think what you're portraying it is it's just the same as the business one either you you pay the reserve and get the convenience or you just park but I don't see how it can work that way um so I'm kind of not getting my head around that one so I I think I'm I don't think it's necessarily a big deal for the business one but I think for the other ones we're going to have Reserve spots sitting open a fair amount of the time because they're reserved either by the property owner or for the valet and the people who don't want to pay to put their car in there which is why they're sitting open will now be burdening will now be causing an externality and burdening in addition to the fact that it the Land Development code and all that stuff so I'm kind that's where I'm still kind of trying to get my head around and I'm sorry I meant to be meaner to the attorney than Ashley I'm I'm sorry Ashley these guys get get paid to get beat up on and it feels like I beat up on you and I'm sorry still early it's still early give me give me time you may say something stupid in a minute and I'll jump on I'm going to go to uh commissioner Gage but one first I just want to go back to so in the garage for the multif family only how many total spaces both charge and no charge exist for the multif family family well I think it's helpful to think about it as Reserve spaces and so in the in the multif family garage there are a total of 477 Reserve spaces 427 of which are behind a gate for four 10 four residents part of the reserve spaces within that multif family garage includes 50 spaces for the hotel okay and then there are 20 public spaces in that multif family garage and so let me ask you this let's assume a world where everybody that moves into these multifam says I'm not paying for parking this is America forget you where you're saying they have parking there where where are those 427 people going to park that is not in one of those spaces well this is I mean this is a question for the multif family operator but they have to provide adequate parking for their tenants right and those places will be available within the parking garage so if if they don't have a demand for reserved spaces from their tenants they still have to provide a covered space okay and so in other words we're saying they all could be charged but if everybody says no I'm not going to pay then well then everybody just it's a free-for-all you park anywhere you want so the what we're saying is we're trying to say that the market is going to determine how many of these are allowed to be paid but everybody from there is going to park in that garage that's right chair I mean the as you've well noted the the Land Development ordinance the code requires a one space one coverage space per uh tenant so and and so going back to the airline I think outside of baggage but seats because they now charge you for that too and it's like this is a super super duper duper sweet seat up front and but if everybody on there does not pay that fee they randomly assign them one and so we're talking about that same kind of environment where they create the illusion that well you better get this now but if people just choose not to they are still going to get a spot in there you could still get onea okay okay now commissioner Gage please thank you chair I've been been very patient over here um oh oh Mr B has come up uh seriously now commissioner Fay would you like to go may I I don't want to take this opportunity away do we need his name for record Mr B please my name is uh Adam B and if Alex will kindly give me that jacket so I can present there is a confusion here and I need to clarify so we can remove all concern there will not be an extra charge for any residential parking space you pay your lease you get to park for your spaces behind the gate there's not a fee on top of what you'd already pay for your lease I was trying my best to not jump up but your concern is the same concern I was recognizing in the back I stepped out to make sure there is no charge for any parking space in addition to what you just normally pay for your rent regardless and that is unusual and that's why I make sure I clarify that so as the project exists you would have an expectation provide a required parking for your multifam project and that required parking still exists behind the gate that's particularly for the residents only in front of the gate is the rest of the balance the parking available for the hotel and the extra Surplus that's in the garage I hope that adjusts the concern much better and I apologize for letting you lead to that conclusion please turn your microphone on commissioner the residential one is just there there is a parking it's this is now just became Southwest Airlines there's a everyone gets a spot we I mean why are you reserving spots at all it's just everyone gets a spot no one's paying extra for it it's I don't think we've decided this row is unit 2011 or 302 or or if they'll just be you know unreserved beyond the gate but the reality is beyond the gate will be only for the residents of the multif family project okay well that that does answer my residential well and I just want to make a point of clarification it is not Southwest because that is a free-for-all based on your a suite this is more like Allegient where if you choose not to pay at the end you get given one but they give you a menu of all the seats and Tony that's what they haven't determined yet is if they're Southwest or allegion and and frankly whether there is whether it's striped per unit or not I mean that's an operational question at the end I think the thing is when I when I look at some of the office projects like in cbat Corridor and you have a garage next to it you know the ten on thir third floor gets these spaces they're designated on this particular floor of the garage and so through the lease they'll probably charge the tenant you know the fee to have those designated spaces on that particular floor but after 5:00 p.m. they remain open to the public and what's important to understand is in the parking garage for the public there's no gate a public can park on the first floor second floor third floor after that 5 cam hour but we want to make sure that the the office allocation that's required per code actually can park the office and so that's why they do that and the way the development agreement was written previously and it's since been amended by Council so what you're seeing in the STP is actually reflection of what the development agreement says now Council essentially just allows them to charge their office tenant the commercial tenant the ability to um park in that space while not charging the public for that we did not want to have a barrier that you had to pay a token or a fee to get in and then discourage people from trying to shop here but we do want to make sure that if an office tenant on the third floor or fourth floor of that building that you do pay um your fee to be able to park in that parking garage it's a costly expense and and that helps funnel the cost to keep it free for the public so I'm going to pass it back to Alex okay even without the jacket that was pretty good I want to before we go back I want to go to commissioner Gage unless everything has been clarified now no I have a different question um are there any hotels that charge for parking overnight in Gilbert I know we've all paid for parking overnight at hotels Vegas in Vegas yeah and that's expensive but um this is not that situation so I'm just curious and I don't expect you to know this but it seems like that would be weird to pay for overnight parking in Gilbert Arizona yeah thank you commissioner you know I can't speak to whether there are any specific hotels that are charging but if if you look at what is the anticipated on this site and and look at the development agreement and the um pedu what's contemplated here is a boutique lifestyle uh hotel and so the idea is to kind of bring a a design forward higher end hotel to this location and their ability to charge was important whether they actually do is a another question okay is it possible to I guess with the fees I'm trying to understand are you trying to be able to add a revenue center for the users then if that's not what it is is it possible to accomplish what you want to accomplish with just reserving spaces for certain uses During certain times does there does there need to be a fee involved cuz it seems like that' be great for whoever is operating these buildings we get nothing from that as a town and the idea of this was to provide you know some public parking for the town as well excuse me yeah again I think it's important to note that all the public spaces are available complimentary what the the developer found in you know with their project financing efforts that there was a lot of um commentary from their from their uh Capital partners that the ability to charge was something that was important for project financing however this would be something that would be dictated by the market this is not we're not requesting that this that the hotel or or the uh commercial or multi family garages have to charge for the parking it's just removing the prohibition from them doing so okay I think you answered my question by saying it's important for them to be able to charge for parking for financial reasons to make this project pencil so it would be an additional Revenue Center for them that that's just the point I'm I'm not opposed to it I'm just trying to understand what it is I think it's maintaining the optionality of that but it's not necessarily A a requirement for the um prodject to pencil out okay and um can we remove the the ability to have to charge fees for parking for residential from the steps is that a thing is that what we decided like those spaces should be available to the multif family users the the residents and so we can remove that think we'd be comfortable with that I don't know I and the way I understand this is if somebody wants to pay extra they can get their special fronts spot but no matter what they get a spot they get a spot right and some of this worked out in the development agreement because if that was already developed with staff and with legal counsil I I I want to make sure I remove all doubt there's no extra Revenue Source fee payer parking for the multif family you go behind the garage you've got your spaces available to you it's not a pref fee on top of what You' already pay for your lease um I think to Chairman uh I almost promoted you commissioner Gage's comment uh it's not just the ability to help Finance it it's also the ability to maintain a parking garage long term that's really being utilize quasi public quasi private and having kind of that that fee helps make sure like like the city the town who has to pay for their garages maintenance over 20 40 years just helps provide that reserves to to maintain that longer term okay that makes sense thank you yeah and I I honestly think that there's people who want that higher end feeling for themselves that will want to pay I much akin to my fellow commissioner Fay Am cheap and would find the cheapest one anywhere but I do understand some people like okay anyone else commissioner Davis please hi sorry to make this longer um a quick question I have is so if somebody who lives in the multif family has a guest coming to see them do they Park in the public area or do they have access to where the residents Park like in a typical gated apartment complex where you're going to go back in there and park how does that work cuz I'm just wondering does that take away from the resident guaranteed parking spaces no there there's there are guest spaces out there actually guest spaces outside the gate and inside theate outside the gate okay that's what I wanted to clarify if they're outside the gate or if they're coming back in the Gated area makes me feel better and I understand that the cost of the structure you know causes the need to have to maybe charge for some of those I kind of think of you know big cities where you're paying for those parking spaces in those garages and maybe to have an assigned space you pay that so I get that so and to answer Lisa's question I paid a resort fee in Tucson that included parking so that's all I have Mr Simon you have some more to add please I I just enjoy your presence and I want to keep Adam here as long as possible so I'm trying to think of things to ask um no so I I just going back to the hotel and the pay for spots I don't have a problem with that I guess I look at it from a perspective of if I was a hotel owner and I needed spots and I wanted to reserve those spots and I was going to make an arrangement to have those go back to your airline analogy Southwest allows to check a bag without a cost so why don't we just add a little bit more to everybody's cost or price and just make it so whether you charge by the space and have it as a line item or you charge it in the the nightly cost of the room it's getting spent it's going to be charged so in this way they're just giving them the ability to split it out I guess is how I see it so I don't know that I really have an issue with that I'm glad that you clarified the residential parking piece of it because because I wasn't necessarily understanding that so that's all I had thank you very much that was that was a lot okay um would anybody like to ask the applicant and or Ashley any more questions or would anybody like to make a motion oh I didn't you're right there's that Di Ator again is there anyone out in the public that wishes to speak on this item I don't have any cards and uh perusing the gallery I do not see any hands so I will close the public hearing then and bring it up to the Das at which point my past comment will be if anybody else would like to discuss further or I would entertain a motion I I do have one I I all of the discussion has gotten me there for reasons I said on the commercial and Adam's last point I I hate to give credit here but um got me there the the residential now Parks itself it it's reserved it's not open to the public but I'm not looking to this property to alleviate the deficit that's already burdening the Heritage District I'm just looking to it not to cause an externality so that to me is okay it seems like it's not causing extra problem whether it be everyone gets a reserve spot in there or everyone gets a free-for-all but they're all there it takes care of itself that's that's fine I'm still not if if the hotel has just enough spaces for the hotel and charges and people like me that's enough to make us go outside of the hotel that causes an external burden on and and I think it will I think there's plenty of parking close enough depending on when you're hitting it that if you've got 300 people at the hotel 150 of them will choose to park to park elsewhere you will that that so commissioner Gage's question can't we do the same thing you did for the multi and just put your people behind a and and they could except for the profit Center wanting that that issue and that causes the externality so that I know it's it's probably one tenth of the the issue I started with but that that one thing still hangs out there to me that one piece is the difference between Reser having the hotel Park itself versus The Profit Center um I think still causes an externality to the city of gent to the town of Gilbert thank you commissioner yes commissioner G thank you chair um commissioner V I think that that we're kind of getting and I started this so it's my fault but we're kind of getting out of the scope of what we're up here to do but like commissioner Davis said is you can just charge a resort fee and parking would be included did in it and a hotel guest wouldn't know any any better right they wouldn't be incentivized to park somewhere else then either right yeah and so there's your there's your business model you're welcome right well and I was and I was going to add to that and I'm sorry I I commissioner Gage just speak over you but uh commissioner Fay I was going to kind of disagree because I feel like every time I travel whether it's to Vegas or someplace in California and I'm staying at a hotel the hotel is charging me a parking fee and I just pay I don't look to go park someplace else and say oh no I don't have a vehicle because that's the hotel I'm staying at so with regards to the proximity here I don't think you're going to get situations where somebody's going to look at what's being charged before they go stay at a hotel if if they're coming in via Uber or whatnot they don't care they're not going to get charged a fee if they're driving in they're going to want to stay at the hotel that they're driving to yes there's other proximity with parking but I don't I don't think you're going to get that question and so so I'm I'm not saying that it's that it's a non-issue but for me I don't necessarily see that it that it's going to be as much of an issue as as I feel you may think it is so with all respect thank you and I'm I'm glad you added the all respect um I personally would also just add that you know to the point of if these people are going to become a burden to the town we also have to then take into the account that these people will go and patronize the restaurants there those restaurants have parking requirements that will not be filled by patrons who are at the hotel paying so therefore it'll be kind of a plus one so assuming that people that stay at a hotel in downtown Gilbert are there because they want to patronize the restaurants it does wash some of that away in my purview um and I also the designation of a boutique hotel which I'm no genius I actually don't even know what exactly that means but it sounds fancy and so I'm assuming that within the boutique like we said we don't want it to be a Motel 6 um that within that that type of a entity um has this and so I've actually I I'm okay with it as it is um but I do understand that the parking is a huge issue and I think it's something we need to discuss Vice chair bian yeah thank you chair I guess my thoughts on the parking are is if it's meeting what's called out in the LDC and it's meeting the provisions of the development agreement I don't have much interest in talking about who's you know what we should charge who should be charged that's that I don't think that's what's before us tonight but I look at this the case is very heavily conditioned and normally when I see that that kind of tingles my spidey sense because I'm almost thinking are we forcing this to make it work but however I think in this case I think it's providing the flexibility that the applicants looking for as well as providing adequate protections for the town so in that regard I'm I'm in favor of this so unless anybody else has any comments thank you Vice chairman any additional comments or all due respects okay I'll entertain a motion if anybody would like to make one irregardless I do I implore a motion chair I would uh hang on one second my iPad shut down on me I'll make a motion um to approve the case set before us and I'm sorry my iPad is not cooperating with me at the moment z238 yes please z230 I make a motion to approve Z 2308 as presented thank you we have a motion on the table from commissioner Simon do I have a second second we have a second from commissioner Anderson any more discussion all right please voting has been closed motion passes 70 thank you that's the final item now moving on to administrative items administrative items are for the commission discussion and action it is to the discretion of the majority of the commission regarding public input request on any administrative item persons wishing to speak on an administrative item should complete a public comment form indicating the item number on which you wish to address the commission may or may not accept public comment we do not have any administrative items outside of number 12 Planning Commission minutes we need to consider the approval of the minutes from the study session and regular meeting of February 7th 2024 if anyone has anything to add or make a motion chair I'll make a motion to approve the minutes of February 7th 2024 is written thank you I have a motion from commissioner Simon I'll second second from Vice chair biani please vote I think we still have the oh there vote vote P I'm sorry I was pushing my thing but I guess it passes anyway actually not opposed to commissioner F commissioner Fay is a nay commissioner Fay is shown as a nay but he would like to amend that to a yay I'd like to amend it to I don't care enough either way so okay we're going to leave it as it's 6 to one motion passes to approve the minutes I'm sorry sorry in spite of and with all due respect to commissioner Fay okay Communications if there was an executive session that's where a public body May convene in an executive session at one or more times during a meeting is needed to confer with the town attorney for legal advice regarding any item listed on the agenda as authorized by ARS 38-4 3103 point a.3 there is no executive session so I will bring it here for report from the chairman and members of the commission on current events well I will just add that uh going back to council council member Anderson's point that uh we heard a lot here about multifam parking and we will continue to and I think that the bills that he's mentioning I just want to put it on the record the HB 2570 and sb112 and HB 2815 and HB 2576 could and will have direct impacts on the community and what we we do here in regards to the multif family I'm just going to read a couple of things as to what an article stated about what these will do it will be requiring larger cities to permit Accel accessory dwelling units on lots for single family homes with limits on the restrictions that can be placed on them it will be mandating that larger cities must permit residential and mixed use development on land zoned commercial office retail or parking space and it also will be imposing new requirements on cities to speed up building permit inspections so a significant amount of the concerns that we deal with here and the work that we try to do um appear to be attempting to be thwarted and shoved down our throat and blaming a housing crisis on towns and cities so I just wanted to make that note and put it on the record that everybody should be very well aware of these bills and take a appropriate action okay now moving over to report from the planning services manager on current events Eva thank you chair uh first item I'd like to congratulate Vice chair biani on his project being completed the South Concourse had a ribbon cutting it was a beautiful event and a beautiful South Concourse so just wanted that to be acknowledged also at the last meeting I had mentioned that there were some Junior High girls they were homeschooled and they were entering the they won the Arizona future cities and they were going to Washington DC I know chairman M you had met with these students as well and they were the only team in the nation to receive two Society Awards they won best nuclear science and best smart grid so congratulations to them and lastly I'd like to recognize our planner to Samantha nney she will be moving to Pennsylvania and tonight would have been her last meeting but she had nothing on the agenda but just wanted to thank her for all the work she's done and all the cases that she's brought before you thank you Eva yes very much thanks and I will also add that a person in the public here Miss Julia is a mentor of mine and she came here to the Planning Commission and came through to see how the sausage is made in a town and she wants to be an engineer so you know God willing she still does and uh you know I appreciate her being here and to meet all of you so or an urban planner yes or an urban planner as Keith's tried to say right okay now I'd like to entertain a motion to close the meeting if there is one chairman I'd move to adjourn we have a motion from Vice chairman bian to adjourn second I will second commissioner Gage with a second please V [Laughter] we have an exstension vote passes 6 to Zer to one thank you all for being here meeting and journ no HB 2570 and sb112 so it's like yeah curious yeah there what because really what it's saying is cu you know so there's a housing crisis and so what they're saying is Well these towns they're just getting in the way we need to have affordable housing we should be able to do and it's like hold on a second so you're saying that developers should be able to come into anywhere like you talk about the the multif familyes going to their lumber yard that that would be done like this you know which would