e e e go I don't know y keep e e e all right I believe we have everyone here I'll call to order the study session and our first item is the overview of Revised Code of Conduct for elected officials and members of the board commissions committees and task force good evening Commissioners uh for the record my name is Elena horz and I am one of the assistant Town attorneys uh back in April vice mayor uh Anderson mentioned that the code of conduct had been revised and uh that triggered the memory that my memory that I should probably give some kind of uh overview and presentation uh so that's the purpose for today um and so today I'll be uh reviewing kind of the history of our code of conduct policy review the updates and take any questions um just by way of reminder ethics policy was originally adopted in August of 2012 in order to maintain public confidence and integr and integrity of public officials and to instill public trust through the actions words and deeds of public officials and then um as you may recall in June of 2023 the ethics handbook and code of conduct was officially adopted and I gave a pretty um extensive presentation at that time uh since then the code of conduct has been uh revised and that ethics handbook handbook has since been repealed and that's uh the focus of this discussion today um and just by way of reminder um ethical conduct or um our code of conduct is traditionally um when it was adopted in 2023 took a three-prong approach and I went over those three prongs with you last year um this um as mentioned before the ethics handbook has since been repealed and so so now it's a two-prong approach um whereas uh we had looked at the ethical requirements of the ethics handbook state law code of conduct um now we are uh you bound your conduct is um kind of bound by the various Arizona stat revised statutes as well as the Standalone document of code of conduct our complaint process investigation Pro Provisions were brought over from the ethics handbook but that has since been repealed and also um just by way of reminder complaints alleging violations of state law will not be accepted um or considered as part of that complaint process and these types of complaints uh include conflicts of interest open meeting laws uh public records laws disclosure of confidential information those types of complaints may be filed with either the um the Attorney General's office law enforcement agency or addressed through a private citizen law lawsuit or a combination of these um entities and uh just by again by way of reminder a code of con purpose of our code of conduct is our Common Sense guidelines to uh to assist the ability of public officials to perform their duties with the highest standards of personal ethics Integrity fairness and impartiality and imply it applies to all council members uh as well as members of the boards commissions um here it I Ed the slide from last year just to kind of illustrate that many of the um kind of prongs of code of conduct haven't changed um with the exception of the first one where it last year it said General duties of elected officials um and appointed public officials to the town and its residents it's more General than that it now reaches to General duties of elected and Appo appointed public officials and then the highlighted area of code of conduct complaints um where many of the provisions from the ethics handbooks are now Incorporated um the code of conduct uh complaint involves kind of four different prongs it's the complaint process the investigation prong Town Council review and then any subsequent penalties or sanctions um the biggest this change is that comp uh complaints may only be filed by uh public officials or staff within 30 days of an alleged violation uh this is a bigger change because previously complaints could be filed um ethical complaints could be filed by anyone um within the community um however if there are a number of one or I'm sorry um if there are one or two complaints within 180 days then those complaints complaints are um processed through an informal process where a mandatory inperson meeting um is held with um the recipient of that complaint with Town leadership however if there are more than two complaints within 180 days then it kicks off a more formal process where Town Council will review and cons whether to sustain the complaints hire an outside investigator make its own findings dismiss the complaint or take any other action um on the complaints and again that's plural because this would only kick in if there were more than two complaints within 180 days if there are less than five affirmative vote Town Council votes then that would dismiss the complaint as well and again sorry that's plural as the complaints um so if the Town Council opts to hire an outside investigator then that would trigger the town attorney uh to um to hire an dependent investigator to investigate any complaints um the investigator prepares a report and then it's placed on the agenda which count Town Council May accept that report send the complaint back for further investigation make its own findings dismiss the complaints or take any other action on the complaints um as well as impose sanctions again if it fails to receive less than five affirmative votes then the complaints are dismissed um and here is a list of possible code of conduct penalties and sanctions um just to kind of give you a review of those finding an ethical violation but no sanction imposed um mandatory ethical training letter of warning formal censure letter of reprimand imposition of $500 fine loss of funding privileges the removal from uh position or assignment and or removal of office for board and commission members and that sums it up um just to recap uh where last year we had your ethical and um your ethical conduct was kind of had to comport with three prongs were now down to two state law and um our code of conduct which now incorporates portions of the ethics handbook and I'm available for questions okay does anyone have any questions for Elena no everybody's very ethical thank you okay moving right along to number two the overview of now is that part of what you did or no is there a second part okay the overview of revised Rules of Order and procedure for all public bodies of the town there we go good evening Commissioners I'm Cole Lions another assistant Town attorney here with the town all uh all right there we go so um thank you the point of this presentation is to give you an update on some recent changes to the town code that were um put in place by the Town Council earlier this year so in April of this year the Town Council amended the code to incorporate some new rules of decorum for public meetings and some new rules of procedure for public meetings so as opposed to the code of conduct that Elena just went over the these are that kind of applied to public officials conduct the rules of deor are meant to apply to the conduct of everyone involved in a public meeting maybe thank you um so to begin the new rules provide the chair and vice chair are charged with preserving order and deorum ways they can do this or to call for a recess or to cause the removal of a person for interruption or disruption for a violation of the rules of decorum now disruption is also defined further in these rules so as it says there it's an interruption or interference with the ability of a speaker or the public body to be heard or the orderly conduct of the business of the meeting so once it rises to that level that is where the chair or the vice chair are authorized to act to preserve decorum so some of the specific rules that were included were um these types of prohibited conduct so signs banners placards Etc that are held above shoulder height or otherwise obstructing the view of someone those are prohibited during all public meetings of the Town cheering shouting clapping stamping of feet whistling booing Lou or boisterous speech or behavior waving of arms or the use of profanity or obscenity if it if that conduct actually disrupts a meeting is also prohibited um true threats are also prohibited that's another one of those defined legal terms that has to be a threat that rises to the level that the speaker intends to commit violence or an unlawful act against someone else uh the final listed prohibited conduct is speakers campaigning or advocating for or against candidates for office or ballot issues or otherwise attempting to influence the outcomes of Elections so that wraps up the rules of decorum those are the new rules of the Quorum that are in place they come under that previous section then with that as well they all the Town Council also updated the rules of procedure and they are found in that code section right there to hopefully there is a motion handout up there with each one of you on the dis if not um it was also included in the packet submitted with this but that's something that I think we're working on getting incorporated into all the meetings to begin with these rules of procedure there is a hierarchy that just because of how the law works that there's going to be things regulated by state law such as conflicts of interest then there's going to be things regulated by the town code and then there's these rules of procedure for public meetings so to the extent that these conflict with either of the two above the state law or the town code then those will apply and these will not apply so the general rule with these rules of procedure is that if a motion is plainly made a second to that motion is placed on the record if a second is needed and the voting partic ipants understand the effect of the vote and the majority support the outcome then it will stand on its own even if it doesn't comply exactly with how these rules of procedur set out that it should apply to give some history what was previously governing public meetings were the Roberts Rules of Order for parliamentary procedure and those were very extensive rules that the most the majority of which did not really apply to bodies of this size so um for now on these new rules of procedures are much simpler so to begin we have the primary motions is how the code sets it out now so a main motion which is kind of the most generic motion is going to be made of I move to do this these is how it's I move to accept this I move to approve this um as you can see hopefully when that handout gets up there it'll show that if it needs a second these types of motions do require a second if it's debatable and if it's amendable and then of course what type of vote is needed generally it's going to be a majority vote there are only a few circumstances where um the law requires a different number a super majority or something like that with motions to amend they can only be made one time so we can't have multiple motions to amend on a motion and the way that works is if a motion is made and then someone else makes a motion to amend that motion that motion to amend must then be dealt with before you can go back to the original motion so the vote would then be on the motion to amend once that if that fails then the original motion is voted on if it passes then the amended motion would then be brought before and discussed so then the next type of motions are these item specific motions when you're discussing a specific thing on the agenda so the things you could do with that item are you can continue it if you continue an item then it must be to an exact date when the item will be brought back so you have to specify what meeting what day if you table an item then it will suspend further consideration so you don't have to have an exact date for that you just say as it says I move to table it you would need a second debatable and it's not amendable so the other item specific motion is one to end debate so if there is debate amongst the Commissioners and someone would like to end that debate they can move to end the debate at which point it you'll notice that that motion is also debatable but that debate would need to be restricted to the motion to end debate not the underlying motion until that motion is dealt with so if that's not confusing enough we can move right along um the next type of motions are procedural motions so the first one there suspend the rules this is mostly used as you know I move to suspend the rules and consider item out of order on the agenda uh something like that it does require a three4 vote there are restrictions for this type of motion in this context because if it's in the town code or if it's in state law um you cannot suspend that rule because that rule is obviously priority trumps these rules so the other two on this are point of order point point of privilege those are then ruled upon by the chair to address meeting concerns noise concerns if there's an objection to whether or not someone is following these rules of procedure if someone disagrees with that ruling by the chair they can then appeal that ruling which then would require a majority vote to overrule the ruling of the chair now this is perhaps one of the uh more important ones in my opinion the closing motion the motion to adjourn um perhaps of note on this is that no no second is needed for this motion so once the motion is made it can be immediately voted upon and that could be done by a Voice vote so any any one of you could move to adjourn the meeting at which point the chair could call for a v a vote it's voted on and then the meeting is adjourned it is debatable so if someone doesn't want to adjourn there could be discussion about that before the vote the last type of motions are the miscellaneous motions um is to reconsider an item so a member this has some additional restrictions you have to have voted on the prevailing side and that motion has to be made at any regular the same meeting or the next regularly scheduled meeting so those are kind of some additional nuances with that one the last two are you can move to recess a meeting this is a temporary pause in the meeting there has to be a time set in that motion for how long the recess will be and that is as noted amendable so if someone disagrees with the time they could move to amend that and that's how that process would work uh the final type of motion on there is a is a motion to move to an executive session and let's see yeah so with that I'll take any questions thank you anybody have any questions I think everyone's afraid to do anything so it might be out of order and then we're going to have to get an Ethics complaint so okay well not seeing any I think I think we thoroughly understand it very well so it's a very difficult part thank you thank okay now moving on to item number three dr24 d62 super light block site expansion plant upgrade with s good evening Commissioners the project we'll be taking a look at now is Dr 2462 superlite block expansion the subject site known as superlock Superlight Block is located at the southwest corner of McQueen Road and Baseline Road and it includes four Parcels totaling approximately 8.8 Acres the parcel is Zone General industrial with the planed area development overlay and is completely surrounded by other employment zoning districts uh more specifically GI before looking at the plans I also wanted to take a little dive into the history with the site uh just because it is a little bit different than other things we've seen in the town so superlite was annexed into the town of Gilbert in 1975 with an active manufacturing facility in 1999 an amendment was submitted to the town to add a second manufacturing facility facility so at that time in 99 there were two facilities uh this current application is to replace the out-of-date equipment that was a part of the site when it was initially annexed back in 1975 so there will still be two uh manufacturing plants on the site this one will just be a replacement for the original so as we move over to the site plan uh the current proposal consists of the removal of the outdated equipment in replacing it with modern and efficient equipment uh the most noticeable changes to the site plan uh is going to be the 23,300 Ft production Building located to the South and is situated in an eastwest orientation uh the other change you will see to the site is the employee amenity area or a new break room located along the western property line which will be roughly 1,600 square ft with the removal of the equipment in previous structures uh there was roughly 16,800 Square ft so they'll be an additional 8,000 square ft on site uh because of this additional square footage new parking would need to be located on the site so that will be located in the northeast corner there which is just to the southwest of the already existing parking um nine new spaces were added to equal 25 spaces and 25 spaces are needed for the site so they are meeting that parking requirement uh as for Access there is none along Baseline Road it is completely screened by an 8ft block wall uh and the two access points are actually located along McQueen and they are fully gated uh because this is a completely gated industrial uh yard uh Landscaping isn't required on site and there isn't any current Landscaping there when we move over to the colors and materials board I wanted to bring these up prior to the elevations just so you could see the assortment of colors and materials they are proposing although even though it is a general industrial site uh it's mostly compiled of ground face CMU metal side paneling and standing seat metal for the roofing the structure you see here is the proposed break room and employee amenity area uh like I said this will be located along the western property line and will be roughly 13 ft to the midpoint of the roof uh which is designed in a gable roof fashion uh they will also be including integral color ground face CMU for the main facade uh material which will be colored Mission white and Pao Verde and it will be accented by the metal wall siding panels uh which will be colored almond along uh those East and West elevations uh along with those the break room will also include uh and uh storefront windows along the northeast and South elevations just to provide extra transparency and natural lighting for those employees on break as we move over to the proposed uh production building you can see that it's roughly 32t 10 in tall to the top of the roof line and the main exterior M excuse me the main exterior wall material will be constructed Ed of metal wall siding and the standing seam metal roof uh which will be painted Fern green uh within this production building there will be another piece which is a curing room um where blocks will be sent to harden and get their strength for future um development and that will be on the western portion of that production building utilizing the same architecture and design uh and just to the north of this you can see the new production equipment itself uh that will be roughly I believe 75 ft or I'm sorry 58t 6 in to the top of the proposed equipment and it's painted sky blue to try and um mitigate some of those visibility issues and also to align with the previously adopted ordinance which required equipment to be painted such color here we just have another look at the elevations from the north and west side just so you can see the differences in the height between structure and production equipment um as well as some of those colors of materials uh and today we are just checking for some general feedback from the Planning Commission as well as the ability to submit CDs at risk from the applicant side and with that I can open up the floor to any questions all right thank you s there any questions for sale on the super light okay well you've done such a fine job Andor everyone's afraid of the rules but uh I actually I think it's great I think renovating you know and having some you know light Industrial in Gilbert is something that we need so uh I think it's a great job and uh thank you for your hard work so much appreciated and we are okay with the CD submitt at risk I am unless anybody else has I'm I'm usually someone who's cautious just I'm supportive of this one great much appreciated thank you yeah so you did a really good job thank you okay moving on to number four we have Dr 24-37 The LumberYard and Kristen all right good evening commission the case I have for discussion tonight is going to be for the design review for The LumberYard project the site is located west of the Heritage District Northeast of neie and cumber and is bordered by industrial multif family and public facility and institution zoning the rezoning for this site was recently approved in May and I'm now seeking your input on the design review submitt tonight I am specifically looking for feedback on the elevations but also any general feedback that you'd like to provide the site is approximately 9.5 acres and is zoned multif family High the applicant is proposing to develop a 285 unit complex with the units split between three buildings the units offered will be Studios one bedrooms and two bedroom options one building will face Neely Street and will be three stories tall another building will be placed at the rear of the site adjacent to the district lofs community and before stories tall the final and largest building will be placed Central to the the site and will also be four stories tall the building will surround a pool in amenity areas including a fitness lawn outdoor kitchen and fire pits additional amenities include two dog parks natur nature Escape seating area indoor Fitness area a mini market a coffee and beverage bar and a business center the development will be accessed from neie and parking will be located throughout the site with garages being located along the northern and southern property providing an additional buffer from the adjacent indust Ral uses to the South emergency access for the site will be located at the northeast corner of the site the applicant is proposing 444 parking spaces which is the exact number required for the site there will be approximately 71 garage spaces 214 covered parking spaces and 159 uncovered parking spaces as proposed there are currently no landscape Islands underneath the covered parking and staff is working with the applicant to find a solution for that the open space requirement for multif family high is 40% but a planned area development was approved in May allowing for an open space reduction to 35% the applicant is proposing uh 35.3% of open space Landscaping will include a buffer of trees along the perimeter of the site the types of trees on the site include but are not limited to ghost gum fruitless Olive palde Evergreen Elm and Southern Live Oak also found on site will be a variety of shrubs and ground cover such as blue bells Mexican honeysuckle Orange jubile pink Oleander Lantana Deer Grass and red and blue yucka all right and the buildings are designed in a modern aesthetic with materials that are complimentary to the adjacent Heritage District staff does have a handful of concerns that will affect all of the buildings these concerns have already been discussed with the applicant and they were received positively for the most part as a summary of those concerns uh the first one was the inclusion of exposed down spout those will need to be internalized another concern regards the flat nature of the roof line staff has requested some variation in the roof line Heights but um this is one comment that the applicant has expressed concern accommodating just because of the the modern aesthetic of the roof line they want to keep the flat nature of it um so we ask that if you have any specific feedback or suggestions on how to proceed with the roof line concerns to please provide that this evening the next general concern we have is about the balconies as proposed they look like afterthought and we've requested that they be incorporated into the building design in a more thoughtful manner the balconies will also need to be covered as required by the Land Development code staff has suggested that perhaps some of them can be recessed into the building to assist with covering them and also providing some additional Dimension to the buildings and the last concern we have is about the continuity of the materials which I will touch on over the next few slides all right seen here are the elevations for building a uh this is the building closest to NE Street the top picture faces Neely and the bottom is the East Elevation facing internal to the site the right shows what the ends of the building will look like overall we are pleased with this building but is it is primarily one color of brick with some vertical fiber cement panel accents and it's appearing a bit monotonous we suggested that perhaps adding a different color brick or an alternative material into the recessed areas on the west and endcap elevations might help to break up the large brick presence uh you can see a couple of the areas I'm referencing pointed out with the red arrows on the screen and then as you move further into the site use of the more decorative materials such as brick decreases and is replaced with stucco and a larger use of fiber cement panels in both vertical and horizontal positioning the slide shows Building B the largest building Central to the site the top image is the South elevation facing existing industrial users and the bottom building is the north elevation facing the future 10 acre retention Basin all right and these images here show a closer look at the Northwestern section of the building uh the top picture shows the Western portion of the South elevation and the bottom shows the Western portion of the north elevation um and then those are also the areas that on this slide are kind of hatched out here all right this slide here shows that East and West elevations as well as the north elevation that faces the pool and amenity area you can see here that the north elevation is primarily stucko with the exception of the ground floor staff has requested that the quality of the elevations be consistent and not to remove materials just because they face internal to the site the north elevation will be seen every day by residents who live here and spend time at the pool and amenity areas the building is also four stories tall so those upper those upper floors will be seen by neighboring properties this slide shows Building C it is the rearmost building adjacent to the district LTS Community the use of brick has been eliminated almost completely on this building and we have requested that additional colors and materials be added to the building so that it is the same character level as the other buildings in the community this building faces um the district LS Community as I mentioned and should include more material variation so those neighboring properties aren't looking at just three floors of Stucco all right and then that brings me to to this last slide of elevations which are the end caps of building C uh an image of the proposed garages that are found on the North and South property lines and also an image of the proposed Monument signed for the community all right this is a closeup of the colors and materials that are proposed they include a mix of Stucco brick and fiber cement in varying shades of whites and Grays as well as fiber cement with a woodlike finish and then here are just some images of building A's floor plan the first floor is on the left and the second and third floor is on the right uh you can see the entry points to the building on the East Elevation this is the floor plan for Building B for uh the first floor you can see the amenity areas in that Northwest portion of the building they include a fitness center mail room Club room and lobby area this is the floor plans for the upper levels of Building B with the second floor being shown on the top and Floors three and four on the bottom right this slide is showing the floor plans for building C first floor is on the left and second floor is or I'm sorry second through fourth floors are on the right you can see the entry points from the west elevation and then lastly I have a few Snips of the proposed bedroom options 20% of the units will be Studios 31% two bedrooms and the remainder being a mix of corner and standard one bedroom units and with that I am seeking your input tonight on the elevations including any roof line comments that you may have and any other General feedback that you would like to provide thank you Kristen okay anyone have some comments they'd like to start out don't be shy come on why not thank you chair um Kristen guess I just want to say that I agree with your points on the elevations I'm disappointed that the balconies don't have that cover um I think for the quality we're looking for here we'd be looking for that kind of um Quality of Life features that create nice spaces for people especially when they do have reduced open space here these are their you know additional open space areas um so I think that's an important element um I agree on the roof line the material those endcaps I do agree those need to be a lot nicer um I like the you know the basine of materials that they've presented I do think they could add some more variation there I also noticed the building downspouts we don't usually see that um on multif family projects if they could look at internalizing those or at least putting them in places where they're not going to be very visible um maybe on interior Courtyards or something but again I agree people are living throughout this and we want it to be a good quality development for the people that live there as well as the people who are just seeing it from the outside so that's where I stand on that I guess so no questions just comments so thank you thank you commissioner Davis anyone else yeah commissioner AB um excuse me on the south and the west facing elevations I I feel like there needs to be some light mitigation for Windows and things like that I mean she already talked about covering for the balconies and things like that but I think at least some overhangs just over the windows just to reduce the amount of light that's coming in and the heat gain that can come from that as well thank you thank you commissioner eert anyone else commissioner Gage please I just thought it was a little bit disappointing that the variation in materials got lower as the project moved East I would have liked to seen some variation carried all the way through so um I'm glad that you noticed that and they're going to make some changes here thank you thank you commissioner Gage any other comments commissioner Simon please so um I would agree with the elevations with regards to I feel like there can be some some more variation there I don't know that I agree with the down pipes so I actually like that the way that those kind of break up the look a little bit so I guess I'm it's a requirement in our LDC to have them internalized okay and that's fine I I wasn't sure if there was a reason for that however looking at them and thinking about the Heritage district and some of the industrial look that's down there I guess that's the direction I was going with it so um if it's in the LDC then it's in the LDC um from there um I would agree with the um the balconies I kind of feel like there can be something done there to make it look a little bit less institutionalized which is kind of the direction I go with it so otherwise I like the layout um a little bit of concern with the way the parking is with with building a I feel like I think if I counted roughly there's about 50 some odd beds um in building a and there's about 20 some parking space spaces close to that um so I guess I would probably in my mind I think we're we're pushing all the parking to the back of the lot so but I don't know that there's anything to be done there and then a quick question with regards to you had mentioned Islands under the covered parking um would that put them in a position where they're losing the amount of parking that they need or am I misunderstanding what you're saying so chairman commissioner Simon it would put them in a position to lose parking and they are currently meeting parking exactly um they are meeting their landscape Island requirement on the uncovered spaces um but not under the covered because we were treating it originally as a structure but historically we have required them under the canopies so we're we're discussing and trying to come to a solution to that okay I guess if if to go on record it it would make a difference I would be okay with alleviating the requirement for the islands under the covered parking just to get to the parking that we need thank you commissioner Simon any other comments commissioner deina um it's probably a little bit too late but I was doing a quick calculation here and with 444 spaces divided by 285 units that's 1.56 spots per unit and uh I was out with my young daughter when we were looking for condos for her and parking was always an issue in these types of places it's probably too late but to me that seems a little bit low you know you got a one space per one bedroom you could have two people in there you got two spaces for two bedom you could have four people in there four cars I just think this this parking issue is it's going to become more of a concern as time goes on and uh I don't think it's enough it's probably too late but it's just a concern of mine because I'm quite familiar with it with looking for condos my daughter did buy one and uh there was an issue in that complex last night a huge meeting over barking so she asked me if I could be with her and uh so it's I don't know and it could be done but I just think it's not enough for what they're building there sh so chairman commissioner diina that is a bigger conversation um because right now they are meeting their parking requirements per our Land Development code we require a certain amount per bedroom and they are meeting that so we can't require them to include acccess parking um so that's more of a a bigger picture conversation than specific to this project that's what I figured oh I just turned mine off thank you commissioner de commissioner Fay please thank you I've I've expressed probably more frustration than anyone with parking things but it's not with I mean you're at the code you meet the code move on I most my frustration is when people are trying to get downward deviations and then I'm kind of the antagonist here and everything else I do share the frustration that this could be um I think reoriented not reoriented but shifted so that more of the parking is up front I think people are going to fill in that up front which all right then you drive around to the back except if you're in that front building it's going to be a a pain and but I don't I don't know if it quite Rises to the level of we need to protect Council a future Council from all the citizens who are going to be complaining and forming the Facebook group protesting and calling the tow trucks and all that kind of nonsense but um other than that in terms of the numbers I'm fine with it's what code says so if if you designed to code I I don't usually like it but you could do that and as far as I'm can as far as I can tell nothing has changed from the last time came for it right uh no so chairman commissioner Fay uh the last time was for rezoning so the development plan was fairly locked in with that resoning there's a little bit of wiggle room um but not much so I I don't know that we would be able to to change the parking or if that would put it out of conformance we'd have to look into that route if that's numbers it would put it out a conformance right as soon as you lose pretty much anything in terms of where they are I think you could probably move stuff around but um but yeah we we okay this is not different than what we saw before even we were deciding something different I get that but what we're what we're looking at hasn't changed has correct okay thank you commissioner Fay okay I think we've heard a consensus um Kristen I I agree you know the the one thing that for me I the roof line I guess I don't really I'm not an architect I'm an engineer so to me I'm like that roof line looks fine um like Yan I actually like the down spouts but I didn't want to admit it because it's in the LDC code um I and I and I think that the the material continuity would be the big one and then secondly um I parking is a huge issue and if it if push comes to shove uh I would not be in favor of losing parking to put in Islands I would think maybe the some some more Innovative things like putting some solar or something to make up for it maybe I don't know something to do but I I the parking needs to be there so that's just my two cents so hopefully that gives you some of what you need and uh you know good luck when we see it the next time do can I just ask one follow-up question yeah are we all in consensus about the roof line being acceptable as this I'm not I think it I think it could do more I think either it beefs up and separates in some areas where maybe there's more of a statement at the top of the roof or something but that's just that's just my opinion okay yeah and as a clarification I just meant that I really don't I don't want to say care that sounds too harsh um but I think you know it if there's something that can be done I think that it's worth working out put it that way great thank you very much thank you okay and with that we'll move to number five Z2 24-1 SEC of Valvista and Elliot and we'll bring back up S hi again Commissioners uh the next project we'll be looking at is e 24-1 Southeast corner of Val Vista and Elliott the subject site is approximately 4.5 acres and is located within a larger 12 acre Valvista and Elliot Center Master site plant that's located at the southeast corner of Valvista Drive in ellot Road the subject site is currently developed but on this master site plan there is a vacated 37,000 ft fitness center that was approved under case z99 d22 in up 99-09 which is located along that uh Eastern property line there uh the subject site is also surrounded by other commercial uses in zoning districts to the Northwest and South but single family residential uh shares the border of that Eastern property line so when we move forward to our request uh there are a few different pieces to this pad Amendment uh the first the applicant has proposed to rezone approximately 4.5 Acres of shopping center to 4.5 Acres of General commercial uh the subject site is approximately 12 acres in total and is currently comprised of the shopping center Don uh zoning District the applicant is requesting to rezone these 4.5 Acres uh to accommodate the excess Square footage the self- storage facility will provide as the shopping center shopping center zoning district has a maximum square footage allowance of 75,000 sare ft the second piece of this request is the intention to modify the existing uh development plan that was approved under z99 d22 by incorporating a roughly 11,000 foot retail facility uh centralized on site along with redeveloping that vac fitness center to become a self storage facility and to develop um accessory storage structures as well to the North and South lastly uh for this uh application the applicant is requesting to amend or delete previously established conditions of development within the Val Vista and Elliot Center pad uh more specifically to ordinances 722 and 1179 uh as these specific conditions speak to an existing pedestrian path that was developed in the first stages here uh and some of the language is overlapping when referencing this um pedestrian easement so this is the opportunity to try and clean up some of these older ordinances and create a smooth slate moving forward as for the modified conditions I have them here on your screen uh in a bit more detail as you can see um the modification to condition o is to eliminate this completely as it is essentially referenced in ordinance 1200 uh this pedestrian pathway and the 25 ft um landscape easement along that Eastern property line as well as the modification to condition LL and ordinance 1179 again referencing this pedestrian Plaza that should bring you to a center point on site uh the only portion of that modification that is to remain is that section in the Center that says an outdoor seating area shall be provided with any restaurant use uh and if one is provided in that retail proposed retail uh section they would have to accommodate this uh condition and provide the uh patio area uh here we have the development plan uh which will include those which will include those four new accessory buildings two to the north two to the South uh and those four buildings will total to roughly 39,000 Square ft uh and with the existing structure at 37,000 ft uh which is bringing us to the request for that General commercial zoning District uh just to the east air you can see that future retail lot centralized on site uh the parking hasn't been detailed just yet just um as we move forward and when a user is ready we have the ability to make those site specific adjustments uh during the design review phase um another component of this uh application um is actually going to be some phasing uh so phase one of this proposal is going to include the storage structure or I'm sorry the the storage facility that will be remodeled as well as the four new accessory structures to that storage facility and then phase two will be the construction of a shell retail building um when a user is uh is ready so there will be a couple phases here on site uh another component to the design um is actually going to be a request to deviate for from some setbacks um so you can see here on the plan the existing structure is setback 60 ft uh when the fitness facility went in it was approved with the 60t setback uh with our current code The General commercial and shopping center districts both require a 75 ft setback for any new structure and because this building is existing and is still maintaining the landscape setback to the east uh they are requesting that any new structure be uh required to meet that 75 ft setback and the existing meet the 60 so that's the other request here with the uh design of the site uh as we move to the zoning exhibit as I referenced earlier the Eastern portion of the 4 and 1/2 acres is requested to be uh General commercial to accommodate the storage um facility and the piece just to the east will remain shopping center where they would like to develop that retail use um for neighborhood meeting one was held back in August of 20 or 20123 and no members of the public attended that meeting uh and today we are here just to seek some general feedback of the proposed rezone and of course the updated development plan and I can open the floor up to any questions or comments thank you all right very well s thank you anyone want to kick off some questions for S commendations okay ah commissioner Fay I I don't understand why what they're proposing is inconsistent with the with maintaining some type of pedestrian access or cross connectivity it seems to me that that's something that could still be maintained and if we don't require it early on it it'll never it's imp it's impos like it's kind of like right L rail something it's impossible or difficult to put in later so it seems to uh maybe it seems to me this is the kind of situation where we should be saying no you're going to have to maintain that pedestrian access cross connectivity we're open to modifying it if it you know if you're philosophically doing something and but it it's sounds like it's being eliminated and I'm not sure why this needs to have it eliminated can you talk about that a little bit more chairman uh commissioner Fay so the intention is not to eliminate this pedestrian um access to the center of the site it's more or less to clean up some of the old language and previous ordinances so in ordinance 1200 there is language requiring a pedestrian access easement be maintained on site that brings you to a centralized location with a 25- ft landscape SE back that language is remaining the language that is remove uh is proposed to be removed is in the older ordinances that basically repeat that language so this is our opportunity to eliminate some of the language that's being repeated in a sense to create a clear ordinance for the future but The Pedestrian access is to be maintained in the northeast corner and then bring you to a central point on site and we can actually see that on the development plan here so nothing's being eliminated not the cross access not the through okay I I guess I read that differently then if if you're telling me that it's really just grammar that's being fixed and and not that anything is substantively changing that really this would have met the old intent too in Cas I'm okay with it that that's correct this is more or less cleanup purposes um I believe there are six or seven ordinances on site existing that some of the language hasn't been amended nor removed to when new language was crafted um so the intention is still to keep this pedestrian access and will still be present in the updated language okay then never mind then I'm sorry I ran off down a rabbit hole there it's always a pleasure commissioner F anyone else no oh I thought I saw okay well I one question I have is there's the the ancillary buildings on either side are those also storage then Cher M yes those are anticipated to be accessory storage units I'm assuming um from our discussions it seems that they're just going to be um you know create more of an opportunity for storage on site okay all right well I think uh yeah I mean I think it looks good I think it's a great Redevelopment um you know something that we need in some of these sites where you know you have some abandoned buildings so uh you got everything you need then everything I need appreciate it thank you s okay that then brings us up to item number six which is the discussion of the regular meeting agenda now my compadre Vice chair bian is not here today but I believe that the only thing that we had that is on consent um number 12 is going to be pulled from consent from I heard that there is some public input does anyone else have any others here on the dis from item number 101 or 13 which you think should be removed or any reason to be removed from consent chairman uh item 12 and 13 are a pair oh 13's a pair okay oh yeah same name of course okay okay then anyone item 10 or 11 okay well then it's easier to leave it on than to vote twice Yan uh and then from item 14 through 18 um I believe that they'll all stay unless there's any that we think we could move to consent Eva do you know um chairman if there aren't any questions or anybody here to speak the text amendments 17 and 18 could probably be moved to consent okay yeah okay we have a member of the public who wants to speak on 17 or 18 okay very well okay then those will all remain okay so the only thing we'll do is pull 12 and 13 off consent and then the rest will be on the same meeting um chairman do we so do we have comment cards already on on the other ones because 14 and 16 to me looked fairly straightforward particularly 16 Eva is there any reason on 14 or 16 or is there anyone in the public here to speak on 14 or 16 okay is it 14 sir 16 okay wow okay anyone on 14 okay well I'll ask again when we start the regular meeting but uh if nobody does show up we then could entertain moving the monopole uh over to consent uh let's recess I'll adjourn the study session now and we'll recess for five quick minutes in in essence of time and we'll come back and start the regulator meeting at 6:07 and 30 seconds thank you and and just a note for anyone in the public that wants to speak there's yellow comment cards in the back please fill out the item number you wish to speak on and uh your name and um bring it up to the front please thank you e e e e e e e e e e e e e e okay without further Ado I will call the regular meeting to order and uh the first order of business will be the Pledge of Allegiance uh please stand and join me pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God thank you uh Eva could we get a roll call please commissioner ett here commissioner D gravina pres commissioner Simon pres commissioner Gage present commissioner Fay present commissioner Davis here commissioner Anderson Vice chairman biani chairman mon here we have a quarum thank you Eva okay now we'll move into the approval of the agenda and we had a slight discussion it was somewhat convoluted I suppose but uh number 12 is going to be pulled from the consent calendar as well as number 13 and once again I'll see is there anyone in the public here seeking to speak on number 14 no okay um so I think we can move 14 to consent making consent then number 10 11 and 14 and did we have somebody here to speak on 18 or just s 18 but not 17 I think yeah I did not have 17 is there anyone that wanted to speak on number 17 I do not have a comment card okay so we can move 17 as well so 10 11 and 14 and 17 uh I will entertain a motion chair I I will attempt at a motion if I may please um I'll make a motion to approve the um agenda with the consent agenda consisting of items 10 and 11 moving items 10 uh 12 and 13 to the non-consent and bumping items 14 and 17 to the consent so just to recap we've got consent is 10 11 14 17 non-consent is 12 133 15 14 excuse me 15 let me start over 12 13 15 16 and 18 okay do I have a second I'll second that all right please vote okay motion passes unanimously all righty with that approval uh we'll move into Communications so prior to the start of the consent we will have communications from citizens this is separate uh at this time members of the public May comment on matters within the jurisdiction of the town the commission 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 um so in layman's terms that's if you want to talk about something off this agenda uh is there anyone that wanted to speak on something not on the agenda and I did not have any comment cards and I don't see anyone so we will then moved on to number nine and a report from our Council liaison on current events council member Anderson thank you Mr chairman uh just quickly if if you weren't overwhelmed enough on the code of conduct let me overwhelm you a little bit more and encourage you and also the the general public that's here um to understand that the November 5th ballot is going to be a very extensive ballot I've heard three pages long and Gilbert does have a couple of issues on there and we have some very good information on our website that explains about uh override expenditures and about exempting the CIP from those expenditures and how that all works uh so I'd encourage you as well as any members of the public to go to our website to learn a little bit more about that uh so you know going into the election what it is you're voting for or against whatever the case may be thank you Mr chairman thank council member Anderson okay from there we'll go into the public hearing consent all items listed below are considered the public hearing consent calendar the commission or board May by a single motion approve any number of items where after opening the public hearing no person requests the item to be removed from the consent calendar if such a request is made the commission shall then withdraw this 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 so with that we currently have on this consent item 10 up 23-44 Heritage North ground floor residential 11 up 23- 45 Heritage North Hotel both of which are being continued to July 10th meeting this year and then also item number 14 the up 24-6 T-Mobile monopole windco foods and 17 Z2 24-3 LDC text Amendment so could I get a motion on the consent agenda CH I'll make a motion to approve the consent to jend we have a motion by commissioner Simon do I have a second we have a second by commissioner deina please vote motion passes 7 zero okay now moving into the public hearing non-consent the non-consent public hearing items will be heard at an individual public hearing which is this and acted upon by the commission by a separate motion during the public hearing anyone wishing to comment in support 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 meeting hearing is closed there will be no further public comment unless requested by a member of this commission uh so I do have a number of the yellow cards up here if there are other individuals who did wish to speak on any of the matters uh the yellow cards are in the back please fill one out and bring it up um and we'll let get you a chance to speak okay so to start here we will go right to item number 15 Dr 23- 96 celebration Medical Center uh and Miss Nicole Russell thank you chair members of the commission Nicole Russell senior planner application Dr 2396 for celebration Medical Center is located on the parcel shown outline in red the current zoning is general office to the north of the site there is general office to the east of the site there is general office and to the South there's a mixture of general office single family 43 and to the north there's also pfn the public facilities and institutional District that is on the opposite side of Mercy Road the request is for the site plan landscape grading and drainage elevations floor plans lighting colors and materials for approximately 5.3 Acres generally located at the mercy road and posos road the the property is Zone general office as previously stated with a planned area overlay the application has a companion application that is a use forgive me I skipped something so the application is for the request of a 69 six I need to take a breath forgive me the proposal is for a three story 67,900 Acre Site the site is accessed from Mercy Road and from 156 street with an emergency gated access on 157th Place parking is located on all sides of the building with the majority of the parking located on the Eastern side of the site a portion of the park on the southern portion of the site will be covered this application has a companion application which is an administrative use permit for a parking reduction of 25% this application is currently in process the applica the application has been mailed out to the neighbors and the notice of decision date should be June 20th some background on this site per the ordinance 2210 which was approved in 2008 as part of zoning application z836 specific development criteria relating to the residential property to the South shown oh right about here the development criteria included in that ordinance had a height limitation of 25 to 35 ft in height within 100 ft of the property the proposed building is out outside of that 100t area from that specific residential property here are some elevations of the site the overall height of the building will be 58 ft tall to the top of the mechanical screening the building includes parapets canopies and canopies over the entrances with a combination of different colored CMU block and fluted CMU block there are also metal panels fauxwood metal panels and four colors of glass windows the floor plans I did not provide in the presentation because at this point they are open and they will be tailored to specific tenants with tenant improvements here's some of the colors and materials board the renderings that are on the colors and materials board more accurately show the proposed design of the exterior of the building Landscaping the landscape pallet includes various trees throughout the perimeter site as well as in the parking area some of these trees but not limited to these trees are palde red push pistache and Evergreen Elms some of the shrubs that are included in the landscape palette include Rosemary red bird of paradise pink fairy dusters and Lantana should the commission find this is an appropriate land appropriate design for the facility staff requests to approve the findings of fact and approve Dr 2396 celebration medical site plan landscape grading and drainage elevations floor plans lighting colors and material for approximately 5.3 Acres sorry there's a typo on the slide and located at the intersection close to Mercy Road and ghost Road this concludes my presentation and I'm happy to answer any questions thank you Nicole anyone have questions okay I do not see any and uh was was the applicant here and wanted to do any presentation of any kind chair mon the applicant is here I and is willing to answer any questions the commission may have okay all right uh I will then move to we'll go and do the public comment and then if we have any other questions um we can bring that up then okay so I have two comment cards uh one is from Sophia fison Cassel and she's opposed to the item and does not wish to speak and the other is John cassels is opposed to the item and does wish to speak uh Mr Cassel please come up to the podium here um there's a little button on the base of the microphone you'll hit and it'll go red and uh you have three minutes sir I thank you yeah my name is John castles um the current owner of 2086 East W way uh which was identified in the presentation as the uh residents um I'm just very concerned about this project um there's been the Abington uh facility that was built um as well as Evo Swim School uh we only have access through uh 157 and that seems to get congested when uh there's any construction so we have delays we have noise issues I have a pool I mean there's a lots of costs that are involved with us as the residents um I understand the U the economic you know benefits that this will bring to the area but I do have concerns about the lighting there's you know safety the parking lots you know what the the Ingress egress you know people coming in and out of the buildings all day um as a family you know it's a concern to us I mean I have young kids um what's going to happen to them how are they going to protect those uh us as the residents um I'm very concerned about that because already we're seeing with the Evo Swim School being there there's uh a tremendous amount of traffic that has been coming in on that private Street people turning around um so even though that they have it as an emergency section um we only have access to 157 so anytime that they do construction there if they block that we don't have way in or way out of our residence so it's concerning to us you know I mean we bought the house with the uh expectation that you know we had some land we had some privacy and uh especially with a three-story building going in behind us now we lost that so what's the economic impact to me so those are my questions and I'd like to see somebody address it nobody can come and talk to me um we just got a notice in the mail thank you thank you Mr castles okay um would the applicant like to speak and uh discuss any of that or yeah please please come up that yeah there's a button on the base I think by the yeah it'll turn red when it's can you hear me yes sir uh good evening Council um Brenan Schaefer on behalf of Oakland Capital who's the developer of this project excuse me um appreciate the concern and would love to talk to Mr castles further after this one thing that we did want to be very clear and I think he did a good job and Nicole did a great job in explaining this as well 157th Street we are not improving it is not a main access point it is emergency access only it is gated for this reason specifically and so the main our the main Ingress and egress would be off of Mercy we've specifically designed our project with that in mind would love to continue to have conversations to figure out a way where we can excuse me um address those further concerns but this was a part of our design intent from the beginning uh so that's all I have to say okay thank you well now I do have questions okay no that and do you have question for the I I think so if 157 is is going to be gated how do the people around I mean do they how do they get in and out if they can't use 157th is so if we could pull the site plan up that may be easier so 156 is on the east side of the site and you can see that there's a man entrance off of mercy and then 156th which again is on the east side mhm the west side or excuse me on the west side on the east side is 157th okay and there will be a gate there and it's only accessible for emergency purposes your so 157th is open your property is gated it's not 157th that is gated correct okay I'm sorry I misunderstood no no and that's that's that's on me so you can see 156 to the West okay in Mercy it's not a problem I when he said 157th is gated what he meant is his property is gated going on to 157th I misunderstood that question answered yep thank you okay thank you sir and just to clarify that's a crash gate is it a crash gate or just a emergency entrance exit that's a good question I'm not exactly sure but but it wouldn't be an exit off of the property it's it is emergency only yes yes commissioner Davis thank you chair um one question I had too is um he had mentioned lighting is a concern of his as far as um I assume concern that lighting will spill across property lines um is there any kind of timing on the lights or I assume they you plan to mitigate it at the property line so it doesn't spill across onto those yeah we worked with staff I forget the height but there was a height that we we dropped the height in that southern area and this will be a normal business hour Professional Medical Building um but we are very open to time those lights appropriately in the evening to help the residents on the souths side okay Nicole did you have something on that chair Mt and commissioner Davis the lighting in the parking lot is required to be no higher than 14 ft within 100t or I'm sorry yes 100 ft from residential so any of the lighting on the site 100 ft in is only 14 ft High whereas other parking lot lighting is 25 ft High okay thank you does that answer your question it does it does I just want wanted to clarify for the for the Neighbors so they understand that that is required to be mitigated and that it has been looked at to try to keep that at a minimum for them in additionally applicants are required to provide a photo photometric plan with no higher than3 foot candles at the property line great thank you okay anyone else have any questions I I do I have one oh yeah s Nicole I think you mentioned in your staff report that this is they're they're seeking a 25% reduction in parking did I hear that correctly or I chair Mt commissioner Simon that is correct um the applicant has requested administrative use permit to do the 25% reduction in parking per the new ordinance that was adopted in March so it matches the new ordinance that we adopted correct okay and Nicole I believe the reasoning for that is that a lot of the space is taken up by large medical like there was a is there some reason that they don't need the parking the applicant has provided both a narrative with justification for the request and a minor parking study to support A reduced uh amount of parking on the site per the code yeah I thought it said something about the I have a quick question uh yeah commissioner D just because they request the parking reduction that's not an automatic guarantee because of the new code um but it sounds like from what I'm reading here that's already been basically it's going to be approved after this meeting so it's already been looked at and Justified and the reduction is going to be granted chair Mont and commissioner dig Rina um staff has had several uh Corrections or several rounds of review with corrections and the applicant has provided the information that's satisfactory to staff to move on to the next portion of the administrative use permit process which is mailing out to the neighbors okay so as of right now it's not a definite the notice of decision the notice of decision date is June 20th um staff mails out to the neighbors in case there are any concerns that could alter the notice of decision date thank you okay and one other thing that I just wanted to do as a point of clarification is that uh currently on this site what is what is the maximum height of the building that would be allowed or just as an idea just for the record of what is allowed by right of the property as it exists right now sorry to put you on the spot per the LDC standards it would be 55 ft and three stories okay and then you know and then why I say that is just simply to point out that you know that there a land use that that this is part of what is the right of the individual to be able to do um and I think that from the mitigations on the lighting that's that's one thing but we can get that into discussion after these questions when we close the public hearing anyone else have anything else before we close it and bring it to the dis for discussion chair just to clarify on that too it looks like the building itself is 45 ft it's the mechanical screening that's exceeding so that should help too as far as visibility into the neighborhood and so on right okay any other questions or should we close the public hearing okay thank you both uh we that will close the public hearing we'll bring it up to the dis for discussion and uh then an eventual motion anyone want to kick it off discussion wise I I did um spend a bit of time I I know everyone kind of obsess about some of the externalities um and I I did kind of drill into the parking and I essentially did the in the I used to be a city engineer and I did kind of my own analysis of what's probably going to happening what's probably happening right now in terms of approving that reduction and at I kind of came to the conclusion this is a fairly straightforward one this this looks like the type of thing that would be overp parked normally that if if we followed the code strictly this would have too much parking and you'd have a whole bunch of empty parking that sits there all the time so this this looks like the kind of project that's Taylor Made For That reduction that's why it didn't Peak any of my interest elsewhere right nothing else on this project struck me as controversial thank you commissioner Fay anyone else discussion um Mr Davis thank you I'm sorry um I think it's an attractive building um it seems to fit in with what else is out there I don't see where if I agree on the parking I think it's appropriately parked um but if it did have an issue I don't see it would where it would spill into the neighborhood or cause any concerns for them I feel like it's removed enough with that emergency access point that nobody's going to be going out that except for emergency vehicles um so I guess I don't have any huge concerns as long as they're you know maintaining their lighting and trying to be a good neighbor and have appropriate Landscaping buffer and so on so thank you commissioner Davis any other comments or questions or a motion chair yeah commission Simon um just really quick I I appreciate the community engagement on this and and the comments you know looking at this it looks like the the lighting from a lighting perspective has been will have been mitigated from the the shorter towers as well as um the the lower lamp it looks like in that area um there's a 30ft buffer from the parking to the what appears to be the the property line there and then we've got probably another hund and some odd feet to the to the building itself I like the building I think it's um a good look I think they've done a good job of of making it attractive um and I think that the layout is is good with that um I would make a motion um to approve the findings of fact of uh dr23 d96 celebration Medical Center and approve okay we have a motion is there a second second second by commissioner D Gina any discussion okay otherwise then please vote motion passes seven nothing okay moving on we have to go back to number 12 and 13 because I erroneously hop hopscotch those two so we'll move on to number 12 up 24-33 signature at SanTan Village House of sport and Keith welcome guess I better turn it on first chairmont members of the commission good evening um my project tonight is is uh two projects and one presentation um signature Santan as you stated signature at SanTan Village design review case and signature at SanTan Village House of sport um for a conditional use permit the site and I know this is the third time now that we've brought this project before you I'm just going to give a a brief presentation on the design review aspect and then and then I'll spend a a little bit of time on the the conditional use permit since you guys this will be the first time I've presented that aspect of the project to you um in a roundabout sort of way um so the project is located as you can see on your screen in front of you um at the at Cora off of SanTan Village Parkway across the street from the existing SanTan Village shopping center uh and it's located north of the Living Spaces um uh building and some other uh fast food restaurants and and so forth um the project side is 30.37 acres and it's part of a larger master plan for the um within the Gilbert Crossroads uh p that was approved back in 1999 this is basically phase uh two of this um Master site plan and and it was zoned back in 1999 always intended to be uh commercial uses and and now here they are coming before us um at the current time with this project as I stated a minute ago I mean this a design review approval request and and of course the conditional use permit to allow a an amusement outdoor use for Dick Sporting Goods house to sport so here's the site plan which I know you've seen many times before total site 30 30 acres in size excuse me about 324,000 Square ft of commercial and retail space um and you can see the the main access to the site is off of multiple um site access locations off of SanTan Village Parkway through the existing shopping center to the South are also several connection points and then of course along Coronado Street to the north um the property is made up of six different Parcels um it is my understanding that this will later be subdivided so you will probably see a preliminary plat come back before you in the coming months to subdivide this property up um I believe there's if I remember count ing them correctly I believe there's 11 total buildings um of various sizes and types and different types of uses the two main um you got all the the um pad buildings along sad Village Parkway we know what a few of the users are but um there's a few fast uh like uh drive-through pads and some financial institution pads uh a jewelry store and then a few uh um um shell buildings that they will be constructing for future tenants and then of course the the biggest the anchor pieces uh buildings are parcel D which we know is going to be a Dick Sporting Goods House of sport um parcel e some inline uh retail type and Commercial shops and then and then building F which um it's shown on the elevations is a Whole Foods grocery store so um as far as the Landscaping plan is concerned I mean we'll we'll look more at certain boundaries here in just a second the site has a total of 23% landscaping Landscaping throughout all the parking lots along the roadway frontages um and especially along the north and Eastern or excuse me Western Property boundaries in a minute when I zoom into it and show you in more detail you'll be able to see that there is three rows of trees in a 40ft landscape buffer along the north and along the western property boundaries um let's just look at the building elevations really quick I know you've seen these before but I know that there's some individuals some citizens in the audience who have not um here's some of the retail buildings that you'll see on site a lot of most the buildings are all flat roof with varieties of materials some stucco some some type of tile porcelain Limestone type tile and and um like Niche some Hardy plank siding looks like wood siding and and some metal materials lot a lot of some brick and and so forth so a lot of different types of materials all Earth Tone colors that are very similar to what you see to the South where Living Spaces is so I'll just roll through these really quick here's the pretty picture for for some of these this multi-tenant shops building this is a restaurant pad could be a burger joint who knows I don't know what it is right now at this point but just roll through these another restaurant pad here's a financial institution another um there's only two I believe two or two uh drive-throughs along sanville par Village Parkway so you get the you get the idea of what these buildings are looking like and here's the the Dick Sporting Goods House of sport and we'll talk a little bit more about this one in just a few minutes more inline this is the inline shops buildings block e here's the pretty picture that shows them all the movement in the wall planes and the the roof line variation they've done a really nice job complying with the um customized design guidelines that are that were approved part as part of the pad and then here's the the Whole Foods okay so the next component of this project is the conditional use permit request so as part of the conditional use permit requirements in the Land Development code it requires that certain findings uh of fact uh be required to be approved by you as a Planning Commission and I've got them all listed here um like the proposed use will not be detrimental to the health safety General Welfare of persons living or working in vicinity um conforms to the intent and policies of the general plan um the the proposed use conforms with conditions standards and so forth in the land in the in the zoning code or Land Development code as we call it and um it would the use would not unreasonably interfere with the use and enjoyment in nearby properties Town staff ascertains that they comply with all of these um uh criteria and you can see the responses in in the staff report so we believe that they they um comply with all these so I just want to go really over and and show you few details about the house of sport and particularly the conditional use permit for that which is required per the planned area development zoning that was approved in 1999 um they were required for any outdoor Amusement type use we're considering this is an outdoor entertainment type use but it was classified a little differently back then but we fit it into the outdoor Amusement type use now in today's table it says um outdoor recreation so it's a little bit different but same thing so the field I just want to talk about the field and I'll show you the field in just a second what it will look what it potentially will look like so the field which is located to the east of the building and now here's the site plan you can see in blue um the d d is where the building is and you can see the field right next to it just to the east but I'll go back to this really quick and and then we'll go into more details so the field will be used it's my understanding and the applicant when they when they stand up to present they can give you even more details that than I can but just in general the field is used for product trials and demonstrations for people who wish to buy um retail Goods inside the store if they want to buy a soccer ball or they want to buy a lacrosse stick what have you they can go out to that field and they can kick a ball around they can run around the track with their shoes that they want to buy and test out their products um the field also during off peak times and slower retail times can be used for scheduled open play um events that are managed by the employees and those can include things like homeschool gym classes yoga birthday parties guest athlete appearances instructional clinics and charity fundraisers so events that typically have up to potentially 50 to 150 attendees if their events are larger than that then they will be coordinated with with the in local public safety they don't I you can ask the applicant more about how often they have those types of events but the outdoor field keep in mind it is not a full-size regulation field and it will be aail and it will not be available for League competitions or tournaments or regulation sporting events so I just wanted to provide that context moving on I wanted to highlight the North Boundary the landscape setback along the North Boundary as we do have a few residents here tonight that may be concerned how this building and this sport the outdoor field could impact their their their um residents as you know to the north of the project is the Fincher Farms development I can't remember exactly how many homes there are there but there's about at least 10 to the north these homes are located the red line on the on the screen is their fence or their wall they have a 6 tall wall um on the north side of an rwcd tract that has a trail running through the middle of it that was constructed by Fincher Farms that tract is about 20 ft wide to 22 ft wide in spots and then the green area is a 40ft landscape setback or buffer that is required for the Land Development code with three rows of trees and a lot of landscaping the applicant um is not putting in a wall proposing a wall on the property line which is where the top green line is um they're as they want to maintain that open feel of that buffer area and they will be submitting per the conditions of approval in the staff report a a um a wall modification to eliminate the requirement for a six foot tall wall we don't want to create a corridor of Mischief we want to keep that open and so the setback from the proper from the wall of the residence as you can see on the screen before you is 200 ft to the house of sport field The Field's about 18,500 ft like I say it's not a regulation field and then the building the house of sport building is about 95 ft or so away from um the property boundaries of the residents so I just wanted to show you this for some context of of how that North Boundary will be laid out in the type of buffer that will be there to to hopefully um mitigate any nuisance that would that would come from not only the field but from the house of sport building and also as you can see on this on the site plan there in the green area where the field is is you'll see four light poles there are four light poles one in each Corner um the light poles are approximately and I'll show them to you the light poles are approximately you you'll see in the documentation that it says they're 41 ft tall but we have a condition of approval that would require them to be no taller than the fence which there is also a typo in the staff report that I want to correct the fence the fence that is proposed by the applicant will be 36 feet tall and not 24t tall which I know that there was a a concern from um a that soccer balls and things could be kicked over the fence if it was 24 ft tall but the fence is actually going to be 36 ft tall and we have a condition of approval that will limit the height of the lighting to be no taller than the height of the fence the light poles are what they call a musco light which has a it's a special type of lighting for sports fields that and you can see in the screen on the screen in the picture it's shielded and the lighting is directed straight to the ground and to the field there will be minimal if any spill over whatsoever beyond the fence line of that field um and you can see on the left is the photometrics of the field you can see how it's it's a lot of lighting in around the field in the track area but there is really no light spillover outside that fence and the applicant can talk more about that in their presentation if they if you need more clarification um and so here is a view of what this field will will will potentially look like um this is the fencing the fencing is a wire black mesh powder coated type fence um and I have a few pictures of there of the fence and then you can see how it compares to the height of the building like I said 36t tall the top of the building to the top of the parit wall right next to the building to the fence is 47 ft tall and the entryway of the House of sport building which is actually over three about 300 ft away from the residence is the only part of the building that is fairly tall and it's 63 3 ft tall but that's on the very south side of the building where the entrance is and here's another view of what the house of sport field looks like in other locations that'll give you a good idea of what it is I have another picture for you as well don't worry the hockey rink will not be coming here to this location as we don't it's not cold enough here I know I I know I have a a a a cooworker that wishes it was cold enough to have a hockey rank so here's a few more pictures and then here's a picture of the field you just saw it in the pictures so I don't think I really need to go over that the field will be Turf so that is really all I have for you I just wanted to kind of dive into the details a little bit of what that field is and how it will be used and how how far away it is from the residence and the lighting could impact the residents or or not and and and and so forth um and the landscape buffer along the northern boundary so as far as public participation is concerned staff has received comments from two surrounding Property Owners expressing concerns related to uh tall buildings near their property line along the western boundary and light and noise pollution along the northern boundary due to the proposed house the sport field and that is all we have heard from the public so um that concludes my presentation actually sorry I'm not done I we recommend approval uh that you approve the findings of fact for the design review case and we also recommend that you approve the findings of fact for the for the um the house of sport uh conditional use permit and I wanted to make note of a modified condition as I stated in my presentation the fencing is actually 36 ft tall and not 24 ft tall so I wanted to change that in the condition of approval so that concludes my presentation if you have any questions for me I would be more than happy to attempt to answer them and if I can't the applicant is here uh Dan uh I don't know how to pronounce his last name re rehea from uh Kensington development he's here as well he can he has a presentation he or he can answer questions whatever you would like so thank you very much thank you Keith okay anyone have any questions for Keith yes commissioner Everett so as far as um the number of participants if it exceeds 150 that's when the public safety needs to get involved is that is there anything other than something internal in their processes that would trigger that or how do we make sure that that's something that would be addressed or accommodated CH chairm commissioner Everett no there's nothing in in city codes or town codes excuse me that would require that that is something that the applicant is offering up um I thought I I'm trying to look at my my my um PowerPoint um wrong one I have two PowerPoints open here but no it is nothing that is required per the town code um that is an applicant something that the applicant will will will is agreeing to do and they can speak more about that if if you would like them too that's I'm just just curious uh couple other questions sorry well just one more question as far as along the north with the the landscape I didn't see necessarily what what types of trees um yeah are we looking at evergreens are we looking at Pines I don't know something like that that would kind of create that that permanent buffer yeah chairmont commissioner Everett very good question so the types of trees you will see in that Northern property boundary consist of um they're all Evergreen and semi- Evergreen type trees as required per the Land Development code there's some um um I believe their Heritage Live Oaks or Southern Live Oaks 36 inch box trees and then some olive trees and um I believe there's Desert Museum pales okay thank you mhm okay anyone else all right thank you Keith if the applicant wants to come up to uh make a presentation please do Commissioners thank you for your time tonight and uh we do have a full presentation and we'd be happy to go through it if if you would like us to okay um or we're or we're happy to just answer questions whatever you would prefer I'll def refer to others is there anyone that wants to see a full presentation I imagine it would be much of what Keith had said but uh I would just say if there's anything that Keith has missed we could maybe cover that but I don't know that I need a full presentation at this point maybe just let me address a couple of highlights quickly so again Keith mentioned the crossroads P was put in place back in 1999 the crossroads pad again is really now called SanTan Village Village it spans from posos road on the south up to Ray Road on the north from the loop 202 on the East over to Santan over to about a quarter mile west of SanTan Village Parkway so a 600 acre Urban Village planned for in Gilbert for really the geographic center of Gilbert again that was approved in 1999 at that time we spent a lot of time going actually door Todo and fure farms and many of the other surrounding communities to let the individuals know what was coming what was being planned and uh and certainly there was a long process for the rezoning that occurred for the crossroads pad so just wanted to again confirm that this this project has been in the works for over two decades and uh and people should know know what's planned for and happening in this area I think the second item that uh that we wanted to uh to Just note and Keith did a great job we appreciate his help and effort on this presentation but we believe that the anticipated uses that we're proposing tonight are very much in conformance with the crossroads pad the the commercial uses are what has been anticipated for this area and we believe that these retailers that we are proposing will continue to keep SanTan Village a very vibrant Regional retail Center as you're familiar with some of the other Regional retail centers Fiesta Mall Superstition Springs even to some extent Chandler mall they go through a life cycle if uh if the retailers that are there are not vibrant for a long period of time we've we've spent the time and been patient and waited for the users and believe that these users will be will continue to be vibrant uh many years to come so with that just again leave leave those comments to you and and we're happy to respond to any questions or concerns the commission may have thank you sir anyone have any comments or questions for the applicant I just D Gina yeah I just have a quick one for you you said you already have tents scheduled to move in when the buildings are completed I think I saw Fidelity in investments in one of them yes we they're going to be around forever so that's I think it's a great it sounds like you guys have done your homework yeah primarily we have the two anchor buildings um as was mentioned Whole Foods on the south end uh Dick Sporting Goods House of sport on the North End those those anchors are um are already committed and we have a number of other users that we're working with uh including Fidelity and and a few others that have committed and and making progress as we speak it sounds like a great project thank you thank you commissioner anyone else yes commissioner Simon I just have a quick question that probably has no bearing on this with Dick's House of sport going in will this vacate the current location of dicks it will they um the the house of sport concept for Dick Sporting Goods is their Flagship building they worked hard with ma Rich who owns the building across the street that building's about 60,000 Square ft this new house of sport building will be 120,000 Square ft so it's twice the size they bring in a lot of other um offerings retail offerings that uh that they aren't able to accommodate in the smaller format building thank you okay anyone else all right thank thank you sir thank you all right we'll then uh open up the public comment I do have a comment card from Kathleen Duo she wishes to speak and her comment is that the lighting and noise concerns Mr boy please come up uh the microphone is still on so just state your name for the record and then uh three minutes please sure uh my name is Kathleen Deo and my concerns I'll just cut right through it for a lack of time is our house butts right up against the house of sport arena so our biggest concern is one the no barrier because even though you say there's a six foot wall there's not because if you stand in my backyard I am not six foot and I can see right over I see there's a trail back there I can see people riding their bikes walking so that's not there the other thing is the amount of trees that you're proposing they're very dirty trees I sit on my HOA board and I want to know if these olive trees are fruiting or non-fruiting the PES were removing because of the amount of debris that they throw out um who's responsible for that if there's no concise line of where the trees debris lands on Whose property and then my other concern is we're all residential and I can tell you right now both of my neighbors have very small children and the lighting and the noise we had had tremendous difficulty with the sandb bar which was a mile away and we actually worked really hard to try and shut that place down because they showed no concern whatsoever for all of us that live up against there now I'm talking about directly into my backyard with the Assumption of like well there may be a huge event there may not be a huge event we're we have no way to tell you when that's going to happen when that's not going to happen and then you're talking about all that traffic all that noise and we literally live right next to the wall of that Arena and I can tell you right now I'm not the only homeowner who's not happy and we're thinking what was the purpose of that placing and why wouldn't you have have flipped Whole Foods in Dick Sporting Goods because it looks like Whole Foods buts up against if you had the arena another commercial property which would I think eliminate a lot of the residential problems because I have no problems with the retail space we knew something was going there eventually it's now we have a sports arena behind our house and with the Assumption of we have no control how much noise there'll be when it will be when will the lights be turned off when will the noise be shut down because I can tell you now I'm a teacher I get up at 400 a.m. I'm not listening to a sports arena event at 9:00 at night on a Tuesday so and I can tell you my neighbors are not happy either so my question is why are we putting that up against Residential versus reconfiguring so that that is not straight up against people's property um and then like I said the barrier trees are not going to take away a barrier of a sports event it just won't if you've ever sat next to a field a soccer field parents enough are allowed so to me I'm going that a a couple trees and and it sounds like some of them produce quite a bit of debris and that's again like he stated we have a a path back there for just that Leisure riding bikes walking things like that what is that going to cause for that so those are my biggest concerns was lighting and noise thank you thank you Mr boy okay I also have a another comment card um from Aaron Anderson who is in favor of the item and does not wish to speak but comments were what is planned for Lot G um so those are the two public comments um I'd welcome if the applicant would like to make any statements or um discuss you know either of those public comments you're welcome to um or if Keith wanted to make any more comments you could but otherwise I can close the public comment please just state your name as you good evening chair and commissioner my name is Dan Ray um Keith did an awesome job with the presentation except for my last name um I can address a few of the comments on the uh field so the the field the hours of um operation of the field are N9 till 9 uh during the weekend on Saturday which is the same hours of operation of the store so it's never accessible unless the store is open and then hours on Sundays are 10 to 7 um the only way to access the field itself is through the store so you have to have permission there's staff member out there at all time um there's more staff members out there the more people that are out there depending on what the event is um there will be a gate on the outside but the only reason that's there is for emergency access only it's not pedestrian access at any time um what else I think sure the um so as far as number of events the major events I would be sponsored by like Nike or a National Vendor or more sporadic it's more of like once a month um the more frequent would be like if a somebody can't find a a a field for practice for little league or something like that that's what they're finding the more more frequent events which could be like weekly so you have Fields like this I'm sorry if I can jump in commissioner F you have Fields like this elsewhere you have stores with this type of yes this is a newer concept for for dicks um the house of sports concept but it is their new like growing concept so they're trying to put this as older new stores where they have the room to do so are the fields fenced and accessed controlled the same way similar to this yes every house of sports design is built around this concept where you can only access it through the store it's not open to the public without accessing it through the store and talking to a staff member yes and just to add to that I'm John Shish with Kensington also it's what what's unique about this is is Dicks is only locating these hous of sport and their high high sale stores so they're not doing in every location but just the couple within the state that are their highest producing store so it needs to be a very special dick store for them to want to build a house of sport which is ultimately their growth vehicle and and going with the trend of more exponential retail commissioner D I have a quick question how long has this concept been in place do you have a good track record of some of the concerns that the neighbors might have yes I don't have the exact answer but I mean it's been going on I believe they they built the first in about 18 months ago and it's you know I can't speak to the sales in um public forum but they're they're very happy it's it's it's over projected their their anticipated sales of their existing stores and operationally they're they're they're very pleased well I think sales is is great for dicks but the concerns of the neighbors and and how many do you have in place as of right now well we don't we're not we're the developer right right but obviously you would probably I believe they have 12 locations does that sound about right I think like 12 to 15 locations across the country there's no real concerns with with a lot of noise and too many activities too big activities no they I mean they look at um you know when you look at majority of the retailers it's you know inside the store too they're activating they're building clim rock climbing walls and having more of that exponential um activating the store and then the the field is really it's really more geared towards the community and local community events that those are the frequent you know if there's a group that wants to take a a yoga class and it's and they they find it you know it's it's a great way to get ingrained within the community thank you thank you y uh commissioner Gage thank you chair um are are you guys um open to talking with the neighbors about the types of trees that you're proposing for this area we are um right now it's designed per what um Gilbert requires us to install there's a certain amount um species of tree that we have to put there but yes we'd be open to changing that and we can work with staff to do so okay thank you okay anything else there um there was a question on Lot G yes um so Lot G is our Ong grade detention for some of the retail Lots so it'll be a land scape Turf um bottom with you know trees around right so for rain water when it yeah for the three days it rains commissioner Davis please thank you chair um I was wondering if any consideration was given to that North fence line maybe I know you're not putting in a masonry wall along the back and I I agree you don't want to create a corridor of Mischief as called it um so I agree with that but was there consideration giving given to that north side of that fence having a masonry like 8ot wall to help mitigate the noise for the Neighbors on just the north side of the the area versus um just all open air on all four sides is that something that could be looked at so are you are you asking on the the field like yeah for the field on the north side of the field or in that area on the north side of where that Sports field is there's a way to put in a wall there to create some of that well that's not uh typical for House of sports is definitely something we can talk to staff about I just thought it might help mitigate some of those noise concerns for the neighborhood but as far as the trees go I also appreciate you being willing to talk with the neighbors about that because I think that's an important element to picking some trees seems like an easy fix to help work with the neighborhood sure and be a good neighbor on yes absolutely yeah we're also happy to you know enh that Landscaping in that section area too and but we'll um we'll take the name and number for the neighbor and we'll talk offline that's okay okay anything else commissioner ever yes um and maybe don't know I don't know if these this concept has been tried any other any other uh hot climates like we have here but I can't see it getting used this time of year I don't know any place like Vegas or anywhere else that where this has been tried that's has a similar climate um I that I do not know we'll try to get you a quick answer um but that one of the reasons why they're not doing the hockey field here is just because it wouldn't work in the climate but um I think they have a California location maybe Inland Empire of California I don't know you know I I I don't want to misspeak well I mean I know they're in Tennessee and some other but not the hotter climates but we'll get back to you on that okay it was just curious my guess is will probably be a little less events but it's it's important to them okay any other comments or questions all right thank you very much gentlemen uh we just just we did find out they they are in Texas is probably the best you know comparable Market all right thank you gentlemen thank you all right well with that we'll close the public meeting and bring it up to the dis for discussion or a motion so anyone want to kick off some discussion well I I'll start with a little bit um I think that you know for our position of what we can you know rule on not rule on but the decision that we're making here you know deals in trying to make sure that it conforms with the Land Development code and I think that's part of what they were saying that the trees these things are all part of what Gilbert's Land Development code says uh there is a 40 foot landscape buffer and the the field is 200 feet um away uh and and that's not to mitigate the concerns but that is to say that that is uh greater than what would be required by the code um so so I believe there have been efforts to mitigate any concerns and you know and I'm very happy to hear that there's a willingness to work through that um I particularly don't like pality trees myself outside of the environmental impacts of saving water um but that's neither here nor there um anyone else have anything to discuss or aemotion commissioner fman I I was a little bit concerned about this field uh as as some pointed out to me it it kind of looks like a prison yard but I've been I've been Googling some of the the images of some of the other places that and it looks like there's at least 10 or 12 of them out there and um they look better on Google than your renderings you guys you how to you know punch somebody about your uh and and the fact that it's accessible only through the store is a very positive I don't know it seems like a a good selling point to bring up um so I guess I kind of went back and over I mean I love the concept but I'm I'm sympathetic to the homeowners and I and I I don't mind telling the homeowners sometimes that hey look this they can put up by right this this to me is a something I'm more sympathetic to the homeowners about it is Comfortably set back a few hundred feet 200 feet from the from the property line which does already kind of mitigate it there's that little parking lot behind it um I don't know it it it seems to me it kind of at least squeaks in or it it it squeaks past I I am concerned about the light if you're a neighbor that's that to me is the only hiccup out there on the other it also closes at 9: which isn't the craziest either my daughter's uh house is very close to U Hamilton High School is it Hamilton not Hamilton one of the one of the High School playing fields and their lights are on not every night but occasionally until like you know 10:30 or 11: at night on the the wrong night and that's even that's not the worst in the world so anyway I think that that kind of hits my concerns right yeah and I think you know the noise part just from my perspective is that that's a that is a Code Enforcement issue um as a as a as a Planning Commission we can't really determine or rule on anything that deals with noise um and that would be something that if it if it was a nuisance then that would be something that you'd have to report into code enforcement um and that you know we're we aren't in we don't have any ability to rule upon that or you know projected noise um okay anyone else have some discussion points or motions well those ethics really scared you guys there thank you commissioner s um what's that I said commission signment sorry um so I I I would agree with what's been said and and and not to diminish the homeowners concerns I I I definitely understand them I think it's alleviated a little bit for me with the the fact that they are closed at 9:00 assuming that the events that they have there are not going to be similar to the events that were happening at The Sandbar um as well as we do have code enforcement and and if if there's noise situation and noise complaints I would assume that from a town perspective we can do things about that um I think overall the site plan looks great um if all the buildings get built the way that it's laid out I think that it is a good site plan um and I would be totally in favor of this as it sits um if there's no other comments I'd be willing to make a motion not seeing any commissioner Simon please go I will make a motion on item 12 up 24-33 signature at santen Village House of sport uh to recommend approval of the findings of fact thank you commissioner do I have a second I'll second commissioner Davis on the second we have a motion by commissioner Simon and a second by commissioner Davis any discussion okay please vote motion carries 7 to Zer thank you all chair chairman I know I need to go to number 13 now as well oh we've got 13 did you have something Keith yeah chairm if I may um for the design review case staff would like to if we could add maybe a condition of approval uh to work with the the applicant works with staff to uh to revise the trees along the North Boundary would that be something that you guys would be okay with adding to the design review case uh yes sir I would yeah okay all right sherff I may I'll make a motion to recommend approval of Dr 24-38 signature at SanTan Village uh the findings of facts with the condition of approval that staff works with the developer and the homeowners to come up with a amicable uh solution for the trees thank you commissioner Simon do I have a second I will second commissioner Davis on the second all right any discussion if not please cast your votes commissioner Gage don't forget to vote motion carries 7 to Zer thank you very much and thank you thank you Keith for the reminder on that one okay moving on now I need to remember we go to number 16 now which is dr24 d44 Gilbert Advocacy Center and I don't see who's speaking is it s oh there's his name s okay s please hello again commissioners uh the project we will be taking a look at now is Dr 24-44 the Gilbert Advocacy Center the subject site is located at the southwest corner of Civic Center Drive and American Heroes way and is approximately 8.7 Acres within the overall 25.3 n acre Gilbert Public Safety complex Master site plan which is zoned public facility institutional uh the property is adjacent to the town of Gilbert municipal buildings 1 and 2 to the north the settlers Point residential subdivision to the east multif family and single family residential to the South and lastly General commercial and multif family uh residential to the West um just beyond Gilbert Road there as previously mentioned the site plan is located within an existing Master site plan and is proposed to be um an Advocacy Center specifically designed to provide services for victims of crime the applicant has proposed the Advocacy Center in two phases with this application the first being a 28,000 ft facility um which is the structure designed for the advocacy and after care services of the victims while phase two is proposed to be twostory and 30,000 s ft um which will be the operational hub for the advoc Advocacy Center management team um it's also important to note that the final design for Phase 2 is not included with this application and will be brought to you all again uh at a later date for design review uh the proposed building is located on the Eastern portion of the site and parking areas are located to the north and south of the structures uh these parking spaces have been placed to maximize parking access and secure access to the building uh 113 parking spaces were required and 123 three have been provided on site um those Southern parking spaces are specifically designed um for that future phase um that is to come in the future so it may look like those spaces are are you know floating out there but they will be utilized for that second phase in the future um the site will also be designed to integrate pedestrian and vehicular access with the adjacent Public Safety complex um those existing structures they're just to the East and direct access to the site will be provided via two access points one on Civic Center Drive and the other in the Southeast corner of the site Along American Heroes as for landscaping uh the plan proposes a varied plant pallet of drought tolerant trees and shrubs some of these trees include mulga Ironwood tree red push pistache Texas Mountain Laurel and Desert Willow while some of the shrub and accent plants proposed are red bird of paradise desert bird of paradise brittle Bush Mexican Honeysuckle and new gold Lantana uh when we brought this project to study session last month um we were working um with the applicant to ensure that the landscape percentage is met on site at the time it was 13 uh with the 15% requirement in the zoning district there now showing just over 18% um along the southern property line too um if you recall there was a 28t irrigation ditch uh for SRP and at the time there was no Landscaping provided at study session uh we have worked with the applicant to ensure that although the setback is encumbered by the irrigation ditch uh the landscape count would still be met so you will see 24 uh trees um along that southern property line accented with Shrubbery uh just to provide that visual buffer for that adjacent res itial onto the elevations the Advocacy Center is estimated to have an approximate height of 23 ft to the top of the parit uh with varying roof lines and massing elements these features are accentuated through the use of multiple Building colors materials and the utilization of recess walls the building is oriented with the primary resident or I'm sorry the primary entrance facing the north um toward Civic Center Drive and to the east Along American Hero's way the main exterior walls will be constructed of split face CMU Mesa Stone and ephus um with a fairly neutral color palette with accent colors such as mature bronze Malibu sand Walnut Creek and Mission white uh the building will also be accented by a metal canopy system that will wrap around the north east and west sides of the building and will be colored bronze uh additionally large storefront style windows will be proposed throughout the structure to enhance the natural Lighting on the site and here we just have the different um angles of the elevations there are a lot of nooks and crannies with the design so the map at the corner or the key provides you an opportunity to gauge where these elements will be located um as for the colors and materials uh you can see the various types of CMU utilized with colors and finishing um of course some of those accent colors and material such as that spice Chestnut which is a wood laminate and some of that um bronze and metal accenting as well um so at this time uh planning staff is recommending the approval of Dr 24-44 to the Planning Commission uh subject to conditions and with that I'll open up the floor to any questions or comments you may have thanks thank you s anyone how to kick off any questions or comments for sell on this one okay uh do you know that the applicant want to speak or make a presentation today uh I don't believe the applicant has a presentation but I know they're here to answer any questions um the community members or you all may have very well okay I do have some comment cards on this one so um we can we'll go to those and we can ask questions following all right the first one I have here um is Philip tally and he just says he wishes to speak Mr tally please come up there's a button underneath the microphone there hit it and it'll go red and then you're live just state your name and then uh three minutes sir we'll do uh I'm Phil tally um I live over in selor point right across the street over here first of all I want to thank you all for getting rid of that pile of dirt that's been sitting out there for I don't know how many years um the concern that I wanted to voice today had to do really with the South part of the of the project and how it aligning with um settler Point Road um that road gets incredibly busy as it is with the elementary school that's on um across um the street and uh my main concern is that we know the way we've got the whole structure of this of this facility in Gilbert everything is sort of driven off of Civic Center Drive and what we're proposing here now is a new parking lot that's going to be on the South Side that's going to dump or directly into Settler's Point and my concern is having to do with the amount of parking that's there and having more traffic coming down down settlers point to service the the site um the the point I'm trying to make is that you we've got tremendous amount of parking in this facility we got a parking lot just north of this very building that is rarely more than 20% used we've got a huge parking lot that's supporting the uh court building as well we got lots and lots and lots of parking in this in this area what I would like to do is have a consideration for either you know repurposing that whole parking structure on the that parking lot on the south um and do something else with that land um and that you know perhaps would enhance the community versus just putting more asphalt on there that's going to then dump more cars on the Settler's Point that's what I got thank you sir all right thank you sir uh the next one uh is Neil Sorenson and he wishes to speak and has a few questions Mr Sorenson same thing please hit the button and state your name and then uh for the record yeah Neil senson and um I'm also over in the Devon HOA area I'm I'm me on the board I'm a board member of Devon HOA um and there are seven of us here from Devon tonight we just barely found out about this um but not knowing or not having a lot of information about an Advocacy Center the only thing I have to go by is I I went to the advocacy Advocacy Center in Mesa and the area scared me and so I'm concerned that we're going to look like that in a few years here um and so my and I I'm I asked about the well one of my neighbors here asked about the Tempe Advocacy Center and they wouldn't even give her the location so we didn't have another one to look at but I would say I I don't know what the impact is going to be on our small community our lovely neighborhoods and I would ask what can be done to protect the sanctity of Gilbert the special Gilbert that we all live in because I think if anyone drove over and looked at the Mesa one you'd be scared to death and I noticed a house just went up for sale on the corner maybe they saw it too just listed today so I'm just concerned about our property values our Comm our sense of community and what this will impact so my question is what's being done to protect that are we looking at all options here I mean I'm glad to see something finally going in here this has been a long Hall I know a big empty lot for a long time but I'm just concerned that this might not be the best thing to fill that lot with quickly is this is this just something we can stamp in there and what will be the longterm effect on our homes thank you thank you Mr senson okay um s did you or the applicant wish to speak thank you Miss please just state your name and then uh go ahead hi my name is Leah Morgan I'm with dfdg architecture um I will first I can chat about the the parking and the connection um I'm a real big pointer so it's hard for me not to walk over there and and point um so I in similar to the earlier applicant where there was a connection that was gated that connection to Settler's Point there's a laser thank you I just need to find where okay I'm GNA poke anybody so this this South lot is actually staff parking secured PD staff parking um so that's not public parking and that access point um is gated gated there as well so the reason that connection Point aligns there is there's got to be um fire access so a fire truck can provide adequate connection to the building so um we we need that connection there but it is not intended for you know public parking or anything like that there that is Staff only um I I also hear the concern about the quantity of parking um we do did conduct a traffic study to um for the master plan of this whole site and so while it looks like a lot of parking we are really working to not ensure that this parcel is not and I'm speaking this isn't specific to this um this design review I just have some knowledge about the master plan of this site so I just want to ensure neighbors that um it's you know the goal I think from the town and also for this project is to not have more parking than it needs so the the public parking for the Advocacy Center will all be on the North off of Civic Center Drive um I don't know if I've covered the questions about this yeah yes similar to there's a um off of Gilbert Road where the parking structure is there's that you know where the PD Vehicles go in um you you there'll be signage there to let people know that that's not a connection point so um was there any other Miss just if we can't direct the questions that it needs to stay on the public record I appreciate what you're trying to do I really do um I just the attorney was about to jump okay I apologize over the dis at me so keep me in line no um um and and I the the question about the Advocacy Center um I'm here as the applicant but I having you know worked for the last year and a half with the town um oftentimes uh advocacy centers either the location is not disclosed depending upon the dur jurisdiction or you're not seeing um purpose belt advocacy centers uh they often times uh uh relo um repurpose buildings so this is um in many ways uh kind of this is a best-in-class first-in-class for the State of Arizona with a groundup dedicated um Advocacy Center for the town um this is a function of a building that's often times not known that it's needed so uh across the board and I PD could speak to this much better than I can but you know victim there are victims of crime um in domestic violence um uh interpersonal crimes you know that cuts across all sections of the population so uh this isn't um so so that's what the the function of the Advocacy Center is for it is is really it is providing service to the community um and to to to victims to support victims and also it it is a uh um uh justice you know it's related to the public safety so anyway I I don't know I don't want to step over my BCE here I just want no and I and I appreciate you know trying you know trying to direct questions and it just as a public board you know I understand so um okay does anyone else have any other questions that they wanted to ask the applicant no and I guess just for the clarification then that this is this is meant for Gilbert residents who have been victims of crimes to get help that they need in being able to get their lives back not that this is like addicts going or criminals this to naate the criminal justice right it's kind of a dual pronged um okay service yes very well well thank you very much thank you all right with that we'll close the public comment and I'll bring it up here for discussion and uh motion who wants to kick it off commissioner Fay so usually I kind of drill way into these projects cuz what I'm concerned about is externalities um is there a thing about this design a risk or a cost that the developer is transferring onto the city drainage or utility costs or some other thing I'm a lot less concerned when it is the city if the city and I know you we're supposed to judge the city under the same criteria but the reality is if this property doesn't handle its drainage correctly then it goes into the streets and into the city system the city has to deal with it so it's it's a lot smaller concern for me um and and I understand why I mean I used to be a prosecutor and there's there's two sides to the victim's advocacy but one of them is literally in the judicial system we can't prosecute without the victim's cooperation so um most cities have I mean our our city had a office that was a glorified closet but um but they they have some variation the other side is the you know social work working empathy hugging and all that kind of kind of stuff which I don't understand or I'm not very good at but uh sorry I'll just stop talking about that but but I understand they they they almost inevitably have to be wherever the city's social justice wherever the court system is and it it's you know it's here usually where the police department is as well so um I don't know my I don't really have any concerns at all about it thank you commissioner Fay commissioner Davis um I don't have any issues with this I appreciate the clarification on the the Gated entrance to Settler's Point I don't think it's really going to bring a lot of traffic down in that area um understanding how the parking is going to work so I'm supportive um i' be willing to make a motion I was just going to make one comment prior to the motion of discussion was just and it goes sort of into what commissioner Fay was saying and that you know concerns over safety issues or things like that I would imagine having it directly adjacent to the police station assuming the police do their job that they would have a pretty quick reaction time to anything that is happening there so and I understand um concern over that but I don't I don't foresee you know and also with the fact that it's better to be located close to the courthouse and everything it it's almost an optimal location um and and I do also appreciate that that uh that that Ingress egress and that that back parking lot is solely for staff and uh PD to uh enter a not a public thoroughfare that I think will help to alleviate some of those other concerns so I just wanted to put that on the record can just say one quick commission Gina yeah yeah it's uh and like the U the applicant said it's being built from ground up which is I think important it's not a repurposed building so I think it's and everything else that's been set up here I think it's a perfect spot and taking into consideration so hopefully leviate some of the concerns that the neighbors might have with um any kind of criminal ailment these are for victims and it's needed and it's close by and the police department's right there so I think it's I think all the elements that are needed to make it the most perfect that can be is being done thank you you ready for a motion yes ma'am I move to approve uh let me find Dr 24-44 the Gilbert Advocacy Center we have a mo by commissioner Davis do I have a second I'll make a second commissioner Gage comes in with the second without any more discussion please cast your vote vote carries 7 to Z unanimously thank you all for coming out and having the discussion we appreciate it moving on now to final item on the agenda is item number 18 z242 LDC text Amendment and Miss Eva we we get you to grace us with your presence thank you good evening chairman M Commissioners as stated I'm here this evening to discuss a Land Development code Amendment to the section pertaining to inoperable vehicles at the last Planning Commission meeting I brought forward a quick overview of the community preservation ordinance and while we're not here to discuss that ordinance this evening we are here to recommend language to make sure that the Land Development code and the community preservation ordinance are aligned the proposed language pertains to an oper vehicles and it would remove the language about screening by an opaque wall because the screening is addressed in the new community preservation ordinance so while removing that language it would add that you shall adhere to the requirements of chapter 42 of the Gilbert Municipal Code as that's where the community preservation ordinance will sit however this evening I would would like to recommend that these language before you be further amended to strike the second end which is the end in capitalization this was a typo that should be an or and also to add in article 8 after chapter 42 just to show that that is where the community preservation ordinance will go chapter 42 deals with all offenses but chapter 42 article 8 deals with abatement of public nuisances so again the language before you on the screen with an edit to the capitalized end to make that an or and the addition of article 42 after chapter 42 was that article 42 or article 8 I'm sorry chapter 42 article 8 thank you as mentioned previously this was brought before you at your last meeting to initiate the amendment and conduct a citizen review it was also discussed at the May 21st Town council meeting and will be heard by Town Council at the June 18th meeting in coordination with the community preservation ordinance so staff is requesting that the Planning Commission recommend a approval of z242 and LDC text Amendment regarding inoperable vehicles with the two changes that I mentioned previously again that's replacing the capitalized end with or and adding article 8 after chapter 42 that concludes my presentation unless there are any questions thank you Eva anyone have any questions for her this evening all right thank you um we'll move into the public comment um Mr Chris lindall is opposed to the item and wishes to speak um please come up just state your name for the record and then uh three minutes sir good evening chair and commission members my name is Chris lindall I live at 11 199 South Park Grove Court here in Gilbert uh I am opposed to this uh text Amendment for a few reasons which I'd like to share with you uh the first of which is uh the fact that if this goes into effect uh as it's currently written with the changes that she just suggested that'll make it illegal for me to have a car in my backyard I won't be able to have a car in my backyard to work on with my son to you know a hot rod or whatever I I won't be able to do that it it will be illegal for me to do that okay behind my own wall and gate in my backyard invisible from the street this ordinance as written will make that illegal as staff shared here a moment ago we're really talking about a very small section of a fairly large document this is a print of that document it's 49 Pages or so 29 sorry 29 Pages within that document are a few things that I would like to make sure you are aware of uh assuming this document this okay backing up a step you guys are talking about a small section of text and at Council coming up in a couple of weeks they're going to vote on the community preservation ordinance that's what I'm referring to with these points okay not part of what we're talking about and voting on tonight but the effect will be that the city will have the legal right to enter my backyard and even my home without my permission without my permission and they won't have to have an um a warrant to do so I asked City Staff last at the last council meeting the study session I asked him how are you going to enforce this I mean who's going to go around and find out where people are not meeting the standards and I I was told that it would be directly responding from neighborhood complaints I don't know if that's limited to your next door neighbor or if it's your HOA I don't know I don't know the answer to that but that's where this is going to be coming from it'll be enforced in that way okay in my opinion this document probably is needed probably but there's more work that needs to be done okay uh after the last Council session I reached out to the staff member that made the presentation and because during the presentation at the very end of his presentation which you can probably verify from public record uh he said that there will be more meetings to discuss this before it goes back to council I was relieved at that so I emailed him and I have that email here and I didn't receive response until this past Tuesday I emailed him on the 22nd of last month I got a response this past Tuesday and he said no there aren't going to be any more meetings it's going to go here for your discussion and then it's going to council the end so for those Reasons I'm opposed to this small part which is part of a greater whole moving forward at a minimum at least until I can get my answers uh questions to my answer answer answers to my questions um that's really all I have to to share tonight and I thank you for the time to present well thank you Mr Lindell okay um unless anyone else has any other questions for Eva um we can close the public up commissioner Simon I I I would just like some clarification Eva with regards to that charge that town could enter somebody's backyard to in essence remove a vehicle or site I'm I'm sitting here scrolling through um chapter 42 article 8 trying to find what this is referring to and I just would like kind of some clarification there if we can um chairman M commissioner Simon that was not agenda sized the only portion that is agenda sized is the inoperable Vehicles so I don't believe that I can speak of that tonight and that goes to council commission does it weigh in on the community preservation ordinance that's a council action how are we supposed to address that concern on on this because I mean unless there's something else I see here I don't see how this can carve out an exception to the Fourth Amendment but a fairly legitimate concern is raised if this does create the opportunity for the city to enter his house or backyard without a warrant that alone would would justify a no vote for me chairman M commissioner Fay what's before you tonight does not have anything to do with entering someone's backyard I can speak to um the resident's concern about working on an inoperable vehicle when we go to chapter 42 article 8 and that's why we did put an or instead of an end it does deal with screening of vehicles it does deal with working on an able vehicles and gives the time frame it does deal with numbers of inoperable Vehicles it does not prohibit necessarily a single inoperable vehicle being worked on and that but that's not in the part that we're but that's in another part of the Land Development code that is in the proposed Community preservation ordinance that is going forward to council and that's why the language is being removed from this section of the LDC because there will be similar language in the community preservation ordinance and I I think you know one one point of clarification here and I know that um the town attorney Elena may want to speak on this but I what we're talking about tonight is changing the Land Development code so that if this preservation is passed by Council there is not contradictory or messy information this is this in no way is a pretense to then allowing that the actual ordinance still has to be passed so if they don't pass it then in effect this there it would not exist and I don't know Lena if you wanted to speak in any way to that but I just know I wanted to make the clarification that we're not we're not voting on the land or the preservation we're only voting on saying we'll change this language so that in effect if the Council chooses to do the other thing it that this this does refer to that correctly yes Mr chair um I couldn't have said it better myself there's nothing absolutely nothing in this amendment that touches um that touches Fourth Amendment rights at all um policy questions of screened or unscreened inoperable Vehicles will be considered um and discussed by Town Council and uh depending on the direction that they want to go uh if they adopt it as it is currently drafted this will also need to be adopted the same night so we are preparing for those um um those circumstances um staff is just again trying to put uh position itself to the best um position um in the event that Town Council adopts the um the ordinance as drafted right and and so to just to add on to that it means that if Town Council doesn't enact that then this whole thing also is correct stricken correct okay yes and uh chairman just on the council agenda the community preservation vote would go first if that fails then there would be no change to the LDC okay thank you Eva yes so I I just wanted to make that clarifying point anyone else have any other questions for Eva okay then I'll close public comment thank you and we'll bring it up here for discussion or motion any further discussion anyone wants to have uh relating to this chair commissioner Simon excuse me sorry I I'm struggling with this just just because I'm I guess there's been a question raised now in my mind with regards to this particular item in the municipal code and I have to make a decision based on lack of knowledge which maybe is my downfall in this situation and and if this doesn't impact anything I guess I'm just like in my my head and maybe I'm just tired I don't know not able to connect dots right now and and so for that reason I feel like I would need to vote against this just because I'm not able to process in my head exactly what what is happening here understood no and and I think that the one question that I would bring to at least bear is that let's assume we don't strike that and we don't add that sentence the question at hand of Ken someone go into someone's yard or whatever else that is does that already exist by saying if you have an inoperable inoperable vehicle that is not completely screened by an opaque wall taller than the vehicle well and and if it does I don't know right and so I'm making a decision to to strike that with the Blind Faith I guess if you will that it is in there somewhere without knowing and so that's why I'm sitting here rolling trying to find because if I could find it and go okay it's there yeah I I don't have a problem with this over here understanding that really there's a couple things that have to happen before this actually comes to pass it's still in my head from a logic perspective saying I can't logically in my mind anyways agree to this without understanding that it is there or being able to see it so that's anyways I I I feel the the resident is has raised a question that has my mind in a perlex so very well anyone else any discussions commissioner Fay I agree with Y on I I suspect my my gut tells me that the objections the resident raised are probably not going to play out but I I before I can say no they're not going to play out I I need to connect those pieces and and right now I can't well and I you know for me I don't think that there's anything in chapter 42 right now that would talk about this unless this Municipal preservation is passed so I just from my perspective this is a this is simply cosmetic and we are actually making no determinations that is for the elected officials to make we're simply saying that if the elected officials choose to change Municipal law the Land Development code that we as a Planning Commission adhere to will fall in accordance with that that's and and I don't know if that helps clarify but that's my version of what I see here chairman M commissioner Simon there is language in the proposed draft that there's a definition of unscreened and that definition provides that something is unscreen if it is visible from the right of way or going to interject we we really yeah we closed the and and and by way of open meaning law I just would caution uh the chair and discussing something that's not on the agenda but if if I may um uh I I hear and understand your you know your concerns there is an alter a procedural alternative as well if this body feels more comfortable in seeing the adopted version um of the mun code we could move to or you could move to uh continue this item uh for the July um the July uh meeting um and then by then the uh the preservation code will have either been adopted uh as drafted or not and you will have the benefit of of seeing the final product or it's a mood point right okay okay so if that's you know so um if somebody feels that's something they'd like to do you know that's perfectly all right for a motion as well so Mr Everett yeah I move that we continue this item to the July 10th I believe July 10th meeting okay we have a motion for a continuance to July 10th is there a second I'd second that have a second from commissioner Simon is there any discussion seeing none uh please cast your votes oops um shoot I voted against but I meant to vote for I hit the wrong button can I here we go again can I unscrew that or can we just redo it I this was not a verbal this was I just pushed the wrong button okay please reset everything for commissioner Fay sorry everybody all right vote carries seven nothing we will continue this to July 10th and hear it once the council has done theirs thank you all thank you okay next up let's move to administrative items these are items are for the commission discussion and action it is the discretion of the majority of the commission regarding public input requests on any administrative items persons wishing to speak on an administrative item should complete a public comment card form indicating the item number on which you wish to speak and address the commission may or may not accept public comment looking out into the crowd I don't see any public comment nor do I have any cards so we will move to number 19 revision to the Planning Commission bylaws review and consider the updated Planning Commission bylaws for approval so I guess from that we would uh um yeah I'm sorry Mr chair was still thinking about the last uh yes if you'd like a presentation Cole is here and um can do that okay does anybody wish to see a presentation on the revision of the Planning Commission bylaws okay I don't think that we'll need that so then is an an administrative item then I we need a motion motion okay we'll need a motion if anyone is interested chair I'll move to approve the revision of the plan of the Planning Commission bylaws as written item 19 thank you we have a motion by commissioner Simon do I have a second I'll second that commissioner narina with the second please cast your vote once it opens okay let's do a verbal all those in favor say I I I I all oppos motion carries seven to nothing moving on to number 20 Planning Commission meeting minutes consider the approval of the minutes of the study session and regular meeting of May 1st 2024 does anybody have any edits or amendments to that or else a motion I move that we approve the the meeting minutes commission commission minutes sorry commissioner ever with the motion to approve do I have a second second we have a second by commissioner Simon please cast your vote if it's working come on commissioner Fay approved unanimous moving on into the communications the executive session we are not going to have so I will just move right to the report from chairman and members of the commission on current events so how's everyone doing anyone have any current events i''d like to discuss all right well it's getting very hot we had a heat advisory day uh be careful out there watch your pet's feet the pavement is hot for you it's hot for their paws moving on to number 22 report from the planning services manager on current events Miss Eva thank you chair uh first off I would just like to thank Tracy Asher for over 20 years of service to the town of Gilbert and many years and wish her well in her retirement I'd also like to announce that with Tracy's departure we are bringing on some new employees we have hired a new administrative assistant and also a new planner too both of will start next Monday and then two weeks from that Monday we will have a new planner one starting so we will be hopefully at full staff for the first time since I've been here so for for five years so um when they start I will make sure they come to commission and that they're properly introduced very well thank you very much great updates everyone now based on our new rules I'll accept a motion to adjourn without a second you'll be taken out I move that we adjourn thank you we have a motion everybody please vote on commissioner Everett's motion to adjourn the meeting it can be voiced all those in favor I I I I opposed motion carries unanimous 70 wait I thank youed adjourned commissioner Fay that's think two days have been anned here