TOWN OF GILBERT REDEVELOPMENT COMMISSION

REGULAR MEETING OF JANUARY 20, 2005, 6:30 PM.

132 W. BRUCE AVENUE
GILBERT, ARIZONA

COMMISSION PRESENT: Chairman King, Vice Chairman Taylor, Commissioner Valentine, Commissioner Fresquez and Commissioner Iacobazzi

COMMISSION ABSENT: None

STAFF PRESENT: Economic Development Director Greg Tilque, Town Manager George Pettit, Planning Manager Linda Edwards, Councilman Don Skousen, Town Attorney Kelly Schwab and Administrative Assistant Elizabeth Stupski

OTHERS PRESENT: Glen Ross (Architekton), Joe Johnston (Joe’s BBQ)

ROLL CALL
Roll was called and a quorum was declared.

COMMUNICATION FROM CITIZENS
Chairman King opened the floor to the public for any comments or communications on items not on the agenda. There were no communications from citizens.

3.        Minutes - Approve the Regular meeting minutes of December 16, 2004
A MOTION was made by Vice Chairman Taylor, seconded by Commissioner Fresquez, to approve the minutes of the regular meeting of December 16, 2004 as written. Voice vote carried 5 - 0.

PUBLIC HEARING
4.        Open Meeting Law/Conflict of Interest Training
Town Attorney, Kelly Schwab gave a Power Point presentation on the Open Meeting Law/ Conflict of Interest. She briefly reviewed what constitutes an open meeting and how to determine whether you have a conflict of interest. Handouts were given to the Commission. A copy of the Power Point presentation is attached.

Highlights covered in the presentation included:
What is the Open Meeting Law?
Is my Board/Commission a public body?
What constitutes a meeting?
What has to be done to have a meeting?
What information needs to be included in the agenda?
Can items not on the agenda be discussed?
Does the Board need to keep minutes and what needs to be included in them?
What happens if Open Meeting Law is violated?

The other part of the presentation dealt with Conflict of Interest. Highlights covered in the presentation included:
What is a “pecuniary” interest
What happens if you do have a “pecuniary” interest (remote or substantial)
What do I need to do if there is a substantial interest?
What happens if a person violates the conflict of interest laws?

Town Attorney Schwab explained the differences between pecuniary, remote and substantial interest. She advised the Commissioners to declare a Conflict of Interest if they are unsure.

Town Attorney Schwab indicated she can be contacted if there is a question regarding open meeting law or conflict of interest and she will try to get an answer for the Commissioner.

5.        DR04 - 129 - - Preliminary evaluation of the site plan and building elevations for Oregano’s Pizza Bistro and Coffee, Ice Cream and Pastry Café

Planning Manager Edwards gave a preliminary design presentation of the proposed site plan, building elevations and landscaping for Oregano’s Pizza Bistro located within the Heritage District at the southwest corner of Gilbert Road and Vaughn Avenue.   She indicated no action was required at this time but the item is for discussion only.

Planning Manager Edwards highlighted features of the project:

Placed on the site close to the street with the main entry angled to face the intersection of Vaughn Avenue and Gilbert Road.

Café placed close to the street facing Vaughn Avenue with pedestrian friendly access on the west, north and east.

Two outdoor seating areas and a large outdoor patio dining area between the two buildings.

Outdoor patio area has a fireplace and bar.

Thirteen parking spaces available on site with additional shared parking with Hearthrob Café along the southern boundary and the Town’s parking lot across the alley to the west.

A masonry wall with wrought iron is proposed to protect an outdoor turf area south of the Café. Staff recommends no more than 2′ of concrete with the remaining wall to be see - thru.

Color palette to consist of two colors?tan and green. The light yellow will not be used unless the Redevelopment Commission recommends it.

Architecture a blend of old Chicago warehouse, established downtown Gilbert buildings and Oregano’s typical building flavor.

Materials consist of masonry brick red veneer, painted stucco, wood windows, sculpted parapet, corner medallions and barrel shaped awnings at entries. The use of brick, medallions, and goose neck lights to be more prominent facing Vaughn Avenue and Gilbert Road.

Proposing canvass canopy

Two large signs proposed extending above roof line. She mentioned that this does not conform to sign code and the Redevelopment Commission is permitted to deviate from the sign code requirement as long as PAD is filed for the signage. Staff and Design Review Board do not support the proposed signage as it is too big for the building and does not fit with the Heritage District theme.

Landscape to include shade trees as well as a plaza design along the sidewalk on Vaughn Avenue.

Two issues to be addressed pertain to traffic and the visibility of the stop sign as well as some questions from fire about fire access to the property.

Planning Manager Edwards reviewed the project using the new Heritage Village Center Zoning District which is expected to be in effect March 3, 2005.

Minimum Floor Area Ratio (FAR) is 25%. Site is 17,107 sf, making the FAR 29%
Minimum Building Height is 35′ and two stories. One story can be approved by the Redevelopment Commission upon finding that the character of the Heritage Village Center is maintained. Structures are one story?Oregano’s is 20′ to top of parapet, and the Café is 105 to top of parapet. Architecture, form, materials, and colors provide the desired character in the Heritage District

Minimum of 50% of the ground floor building façade or outdoor dining area shall be within 10 feet of the property line abutting a street. The building façade and outdoor dining areas are within a few feet of the property line along Vaughn Avenue and Gilbert Road.

Minimum of 75% of the ground floor building length or width along the front of the building shall consist of window, window displays, doors, or a combination thereof. The project conforms to regulation along Gilbert Road but regulation does not apply on Vaughn Avenue as Gilbert Road is the primary road. Vehicular access shall be from a non - arterial street or alley. Access to the site will be from Vaughan Avenue to the alley and then to on - site and off - site parking. Existing access from Gilbert Road into Hearthrob Café parking lot is available.

Pedestrian access to ground floor uses shall be provided a minimum of every 50 feet along a principal building frontage. The façade facing Gilbert Road is approximately 53′ long and provides a pedestrian access at the main entry and a second door for entry to outdoor seating. The Café building is 26′ wide with almost 100% of the windows and doors facing Vaughn Avenue.

Front, side and rear setbacks to non - residential is a minimum of 0′. Both buildings are a few feet to property line along Vaughn Avenue and Gilbert Road.

Concerns or comments expressed by the Commission:

Site plan extremely well - done

Project is an ideal use of the corner

Clarification on width of alley and length of parking stalls on the west side. Hard to read the reduced plan

Dumpster for Oregano’s only or to be shared with Hearthrob Café. (Oregano’s only)

Architectural drawings are mislabeled (East & West backwards)

Redevelopment Plan Architectural guidelines discourages the use of cloth for canopy. Does not necessarily have a problem with cloth but would like to see specifications that talks about quality as well as seeing a sample of material.

Is there adequate parking for project and would there be parking slots dedicated to carry - out. Economic Development Director Tilque indicated that included in the Development Agreement, the Town must make sure that parking is available within a defined distance.

Would like to see more details regarding the signage.

Is there a stipulation in the development agreement as to a timeframe when applicant must utilize the café shell? Some Commissioners were not in favor of stipulating a timeframe that the shell must be occupied. Very appreciative that the applicant included to build the shell at this time. Development Agreement only addresses the building of the shell in phase one, not occupancy.

Commission did not agree with Design Review Board’s recommendation to add more ornaments to the building.

Project fits with the character of the Heritage District.

Placement of sign more north/south for better visibility.

Chairman King opened the meeting to the public for comment. There were no comments.

6.        DR04 - 118?Revised elevations for Joe’s BBQ that include the relocation of the south elevation pick - up window and an enclosure of the north elevation outdoor patio
Planning Manager Edwards presented the proposed changes being requested by Joe’s BBQ to enclose the covered patio and move the pick - up window.

Highlights of the presentation:

Proposing to add roll - up garage doors with four rows of windows to the existing covered patio area

Wood siding to be painted to match the existing columns, fences, and wood framing.
Doors to have baked - on enamel finish matching the pale yellow color of the wood siding.

Design Review Board thought it was appropriate and very functional.

Overhead doors have been used at similar specialty restaurants in the Phoenix area where a flexible indoor/outdoor space is desired.

Pick - up window to be moved to the rear of the building.
Patch the removed window with matching brick.

Concerns or comments expressed by the Commission:

Why was this type of enclosure selected and not something more permanent?

Response from Mr. Johnston: Likes the open - air feel and hopes it is open 80% of the time.

Is the color selected the same as the existing color on the building? Response from Mr. Johnston: Yes.

Chairman King opened the meeting to the public for comment. There were no comments.

A MOTION was made by Commissioner Iacobazzi, seconded by Commissioner Valentine, for approval of DR04 - 118, the revised elevations for Joe’s Real BBQ, a restaurant located within the Heritage District Redevelopment Area at the northeast corner of Page Avenue and Gilbert Road, that includes the relocation of the south elevation pick - up window and an enclosure of the north elevation outdoor patio, subject to the following conditions:

1.        Construction of the project shall conform with exhibits approved by the Redevelopment Commission at the January 20, 2005 public hearing.

2.        At the time of construction document submittal, the site plan shall include Town of Gilbert standard commercial and industrial site plan notes adopted by the Gilbert Design Review Road March 11, 2004.

Voice vote carried 5 - 0.

ADMINISTRATIVE ITEMS
7.        Update on Projects in the Heritage District
Economic Development Director Tilque reviewed the communications included in the packet as follows:

Gilbert Apartments Acquisition and Clearance Project?Buildings have been demolished and the site cleared.

Street Light and Furnishings Project?Neighborhood open house held January 11th. Schedule included in packet. Contract approved by Town Council January 18, 2005. Work scheduled to begin January 31, 2005. Commissioner Fresquez was disappointed there were no large boards with the schedule and was informed there will be no more public meetings. Economic Development Director Tilque mentioned a handout will be distributed to the merchants along Gilbert Road next week.

Chamber of Commerce Move?Chamber to be in new facility February 4th.

Page Commons?Page Commons on schedule with a targeted date to open the office and south half of the project by the end of April. The north end expected to open by the end of June.

Old Boys & Girls Club RFP?Went to Town Council on January 4th and Council added an amendment to the recommendation from the Commission to include commercial use excluding fast food. Staff working with legal counsel on new RFP and whether it is allowed to do a long - term lease with the option to purchase.

Park - N - Ride Lot?No change.

Feedback on the speed traffic control device requested by Traffic Engineering Department. Comments made:

Previous sign indicated red when exceeding the speed limit, not enough contrast with current sign.

Location good for device and has been pretty effective in slowing traffic.

COMMUNICATIONS
8.        Report from Chairman on current and future events
Chairman King gave a reminder that the next Heritage District Pedestrian Design meeting is scheduled for Wednesday, January 26th at 6:30 ? 8:30 p.m. at the Library and to make sure it will be posted. Chairman King directed staff to resend the email regarding the future meeting dates for the Heritage District Pedestrian Design.

9.        Report from Economic Development Director on current and future events
Economic Development Director Tilque extended an open invitation to the Redevelopment Commission for the Town Council half day retreat, Saturday, January 22nd. He will give an update on the Heritage District scheduled for 9:30 ? 10:00 a.m.

Economic Development Director Tilque mentioned the changes requested by the Redevelopment Commission on the draft LDC were done except for Table 2.403 Site Development Regulations, D1, Storefronts and Access - - A minimum of 75 percent of ground floor building lengths or width along the front of the building shall consist of windows, window displays, doors, or a combination thereof.

10.        Report from Commissioners on current and future events.
Commissioner Valentine requested staff to send the following documents:
An updated 5 - Year Strategic Plan for the Economic Development Department
A recent land use map of the Heritage District and map created for the Heritage District Pedestrian Design.
A current Redevelopment Commission Directory

Commissioner Fresquez mentioned Steel Dreamz had been sold and exterior renovations (windows added and paint) were made to the building. She inquired whether there is something in place when a building changes hands in the Heritage District to let them know changes to the exterior need to be approved. Economic Development Director Tilque indicated there is no way of keeping track of building sales or new ownership.. Example given was Hearthrob Café and the landscaping that was torn out but had to be re - installed once staff discovered it..

Commissioner Fresquez would like to have a meeting or a retreat for the public to be brought up to speed with activities including the DAT/Redevelopment Plan for the Heritage District.

Vice Chairman Taylor requested staff send notices of current/future meetings at least 2 weeks in advance if they pertain to the Heritage District.

ADJOURNMENT
A MOTION was made by Commissioner Iacobazzi, seconded by Commissioner Fresquez, to adjourn the meeting. The meeting was adjourned at 7:55 p.m.

ATTEST:

Jason King, Chairman

Elizabeth A. Stupski, Recorder

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