
Gilbert approves Heritage North mixed-use development with 288 units, 80,000-square-foot hotel
Gilbert City Council approved the major multi-year Heritage North mixed-use development project amid public criticism of past vendor fraud, selected Amy Yentes as new Vice Mayor, and approved water system development fee increases.
Gilbert Council Approves Heritage North Mixed-Use Anchor After Two-Year Collaborative Design Process; Vendor Fraud Allegation Left Unresolved
Gilbert City Council voted unanimously on January 12, 2022, to approve the Heritage North planned area development rezoning (Z20-02) at the southwest corner of Gilbert and Juniper Roads, clearing the path for a multi-year, complex mixed-use project that will reshape the heritage district's northern edge. The approval came after intense staff and applicant collaboration during the COVID-19 pandemic and reflected the council's hands-on involvement in design refinement. However, the meeting's triumph was undercut by a blistering three-minute public comment from resident Jim Torgeson, who accused the council of failing to hold a vendor accountable for fraudulent invoices and $140,000 in unaccounted materials tied to a non-competitive bid approved in prior years—an allegation the council did not address.
Key Speeches
"We're really proud and excited to be here. One of the things I'm proud of is the image that you see, the product that we have before you… I don't want to repeat all the things that [staff] would say. One of the things that I really want to talk about is not just the buildings that people are going to use but all the space that Gilbert gets at the advantage of because of all this hard work. It really isn't the buildings, it's not just the office building, not just the hotel, but you look at the commons, you look at the streets, you look at the streetscape." — Charles Humano, Heritage North Applicant
"The multifamily parks in the residential garage; there's no reduction proposed for the residential parking. Where they have proposed a reduction in parking is for the non-residential uses, and that was reduced based on shared trips, which was mirrored after the traffic study." — Ashley McDonald, Staff Presentation on Heritage North Zoning
"I appreciate you thanking the staff and the applicant. It's come a long way from those first drawings, and I know it has been a lot of hard work in a difficult time. The paseo was very, very important to us. At first it didn't quite happen, and when I saw the first drawing—because it was just a black and white drawing—I just saw a tunnel and I thought, what the heck is that? So thank you for the beautiful color drawing so that I can visualize it." — Councilmember Kathy Tilke
"I met with all of you right after becoming mayor, I think it was, and I know the effort that has been put into this project. I'm really glad that we were able to sit down at the table and have that conversation. Because of all of the discussions that we've all had and all of the amazing staff, you have come out with just an amazing product." — Mayor Bridget Peterson, addressing Charles Humano
Timeline
Heritage North Rezoning (Z20-02):
- Development agreement executed: August 2019
- Five applications submitted: March 2020 (including rezoning, two use permits, design review, administrative use permit)
- Redevelopment Commission review: Prior to January 12
- Planning Commission hearing: Prior to January 12 (recommended approval 6-1)
- Redevelopment Commission recommendation: December 2021 (approved)
- Council public hearing and vote: January 12, 2022, 7-0 approval
- Next steps: Two use permit hearings (ground-floor residential and hotel) to proceed to redevelopment and planning commissions; design review and parking administrative use permit to follow
Vice Mayor Selection:
- Outgoing Vice Mayor Yung Koprowski recognized with certificate of appreciation for 2021 service
- Councilmember Scott Anderson nominated Amy Yentes for Vice Mayor 2022
- Vote: 7-0 approval; seats exchanged immediately
Water System Development Fees:
- Presentation by Kelly Foss on system development fee adoption process
- Public hearing held (no speakers addressed on this item)
- Vote: 7-0 approval
- Next step: Public hearing on specific fee amounts in February 2022
Public Comment (Communications from Citizens):
- Three speakers signed up to address council on non-agenda items
- Jim Torgeson (first speaker, ~3 minutes): Raised unresolved vendor fraud allegation
- Tom Patterson (second speaker, ~3 minutes): Asked about western canal corridor options (Item WW1060), critiqued planned downtown building renovation
- Amy Keller (third speaker, ~3 minutes): Invited council to LDS Church community constitution event, February 4, 7 p.m., featuring speaker Todd Collister
Opposition
Vendor Fraud Allegation (Jim Torgeson):
Jim Torgeson, a longtime resident and observer, made an unscripted and forceful statement on a matter he said he had previously been prevented from discussing. He alleged:
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Non-competitive bidding: Two council members (identified only as former members Taylor and Cook) voted to approve a non-competitive bid worth "about a quarter million dollars" without understanding what they were voting for because they "were in a rush."
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Vendor fraud: The unnamed vendor produced fraudulent invoices and conspired to cover up false purchase agreements.
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Minimal accountability: The vendor was debarred (a letter of debarment exists but is "not recorded anywhere") but refunded only $20,000 of a $140,000 shortfall in materials.
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Council passivity: No current council member acknowledged the mistake or took responsibility. Jim Torgeson stated: "Nobody up here did anything about it. Nobody up there held their feet to the fire… when people just move forward like your money doesn't matter."
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Profitability of fraud: Jim Torgeson calculated that from the vendor's perspective, the arrangement was highly lucrative: "I would take that deal seven times a week and three times on Sunday because it was just a stupidly profitable thing for them to do."
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Systemic failure: Jim Torgeson urged the council to learn humility and establish safeguards to prevent future occurrences, stating: "All of you need to learn a lesson: humility, and figure out how you're going to make sure stuff like that doesn't happen again."
Most compelling argument: Jim Torgeson closing statement that the council had failed to hold itself accountable—"when people just move forward like your money doesn't matter"—starkly contrasted the celebratory tone of the Heritage North approval and framed council decision-making as cavalier toward public funds.
Council response: None. No council member replied to the allegations, asked clarifying questions, or directed staff to investigate. The meeting proceeded immediately to the next agenda item.
Support
Heritage North Development:
No organized public opposition to the Heritage North project was voiced at the meeting. Planning Commission and Redevelopment Commission recommendations preceded the council vote (Planning Commission 6-1 in favor; Redevelopment Commission unanimous approval in December).
Council statements emphasized collaboration and design excellence:
- Councilmember Scott Anderson thanked staff and applicant for working through "every issue on an incredibly complex project," praised the shift to a hard-corner hotel location, and acknowledged the "long process" and "difficult time."
- Councilmember Cody September credited staff and applicant for achieving "the right scale and size" and ensuring the paseo traversed north to south.
- Councilmember Kathy Tilke noted the project had evolved "a long way from those first drawings" and expressed pride in the multi-generational value of the paseo and public spaces.
- Mayor Bridget Peterson praised the council's "hands-on approach" and recounted a critical early post-inauguration meeting at which "people sitting at the table talking about their ideas, talking about their hopes and dreams" resulted in a "better project" than Zoom meetings could have produced.
- Town Manager Dan Henderson attributed the refined project to "multi-year effort" and credited numerous staff: Dan Henderson, Kyle Murray, John Baird, Ashley McDonald, Amanda Elliott, Sydney Bethel, Mary Goodman, and traffic/engineering departments.
Project Details
- Case number: Z20-02 (Planned Area Development Rezoning)
- Applicant / Developer: Charles Humano
- Location / Address: Southwest corner of Gilbert Road and Juniper Road, Gilbert, Arizona
- Acreage: 12 acres (9.9 net acres)
- Current zoning: Heritage Village Center (HVC), within existing Lavita Serena PID
- Proposed zoning: Heritage North PID (removal from Lavita Serena PID; new PID with deviations)
- Residential units: 288 dwelling units (development agreement minimum: 250)
- Hotel: 80,000 sq ft; five stories; 49 feet to top of finish floor, 71 feet 8 inches to top of amenity roof and mechanical screen
- Office space: 145,000 sq ft in Class A office building (Building 7); development agreement required 100,000 sq ft minimum
- Retail / Dining: 9,200 sq ft retail on ground floor of office building; Restaurant and retail buildings (Buildings 5 & 6)
- Mixed-use building: Building 3 (ground-floor retail, office above)
- Parking: 763 spaces total; parking reduction from 1,500 (land development code requirement) to 1,305 spaces (14 percent reduction); shared parking model; valet parking required during peak times; no-charge parking mandated by zoning ordinance condition
- Public amenities: Paseo through site connecting north to south; Western Power Line Trail improvements; street furniture; wayfinding signage; lighting with artistic components; ground-level arrival signage for heritage district (to be coordinated with staff)
- Buildings: Nine total structures including multifamily residential (Building 1), hotel (Building 2), mixed-use (Building 3), retail incubator (Building 4), restaurants/retail (Buildings 5-6), Class A office (Building 7), south parking garage (Building 8), and kiosk (Building 9)
Deviations Requested and Approved (9 total)
- Setback reduction (Building 1): Requested reduction from required 20 feet to 0 feet adjacent to residential; actual closest point to property line: 3 feet; 72 feet to actual residential units (Arbor Walk development across Ash Street)
- Transparency reduction (Buildings 1, 2, 8): Requested reduction from required 75 percent ground-floor transparency to 50 percent for hotel, residential, and parking garage
- Building height increase (Building 1 – Multifamily): Height 78 feet 10 inches; limited to rooftop amenity and elevator building; architectural features at ridges
- Building height increase (Building 2 – Hotel): Height increase from 55 feet to 71 feet 8 inches; five stories (from four-story requirement)
- Building height reduction (Building 3 – Mixed-use): Two stories at 30 feet (parapet 37 feet) versus required 35-foot minimum
- Building height reduction (Buildings 4, 5, 6 – Retail): Single-story buildings at heights ranging from 20 to 26 feet versus 35-foot minimum requirement
- Building height increase (Building 7 – Office): Staggered heights 30 feet (along Gilbert Road), 58 feet (north edge), 79 feet (center); 145,000 sq ft office + 9,200 sq ft retail
- Parking garage height increase (Building 8): Five stories; 2.5-foot increase above maximum height (gray portions on north and east)
- Other modifications: Street name modifications to avoid confusion with existing heritage district street names
Vote Breakdown
Heritage North Rezoning (Z20-02):
- Final: 7-0 (Unanimous)
- Yes: All council members present
- No: None
- Abstentions / absences: None noted
Individual votes not stated in transcript. Mayor Bridget Peterson, Vice Mayor Yung Koprowski, Councilmember Scott Anderson, Councilmember Lauren Hendricks (President), Councilmember Cody September, Councilmember Kathy Tilke, and Councilmember Amy Yentes all voted in favor.
Vice Mayor Selection (Amy Yentes):
- Final: 7-0 (Unanimous)
- Nominee: Scott Anderson (Council Member)
- Second: Cody September (Council Member)
- Vote system issue: Initial vote display malfunction; Councilmember Cody September's vote did not initially display; Mayor Peterson confirmed it as "yes"
Water System Development Fees:
- Final: 7-0 (Unanimous)
- Motion by: Not stated
- Second: Not stated
Outcome & Next Steps
Heritage North:
- Rezoning approved with all nine requested deviations granted
- Planned Area Development established to allow alternate development standards
- Next phase: Two use permits (ground-floor residential and hotel uses in Heritage Village Center zoning) proceed to Redevelopment Commission for recommendation, then Planning Commission for final determination
- Following that: Design review (Redevelopment Commission) and administrative use permit for parking reduction (staff review)
- Conditions: No-charge parking mandated; valet parking required during peak occupancy; ground-level wayfinding and arrival signage for heritage district to be coordinated with staff; street name modifications to be finalized; rooftop hotel signage approved in location and scale worked with staff
Vice Mayor:
- Amy Yentes assumes office for calendar year 2022, replacing Yung Koprowski
- Seats exchanged immediately following vote
Water Fees:
- System development fees for water infrastructure approved as part of adoption process
- Public hearing on specific fee amounts to occur in February 2022
- North water treatment plant expansion to be funded in part by system development fees from new residents and businesses
- Single-family residence impact: approximately $313 net increase in fees
- Small commercial (two-inch meter) impact: approximately $1,500 net increase
Controversies & Context
Vendor Fraud and Council Accountability:
Jim Torgeson public comment introduced a damaging but unresolved controversy that starkly contrasted with the evening's celebratory tone. According to Jim Torgeson account, a non-competitive vendor bid worth approximately $250,000 was approved by two then-council members (Taylor and Cook) without full deliberation. The vendor then issued fraudulent invoices and false purchase agreements, creating a $140,000 shortfall in accounted materials. The vendor was debarred and refunded $20,000, leaving $120,000 unresolved. Jim Torgeson stated the vendor has never been held further accountable.
Jim Torgeson framed the council's silence as complicity: "Nobody up here did anything about it. Nobody up there held their feet to the fire." He argued the vendor profited substantially and faced no serious consequences, while the town absorbed the loss.
Town Manager's Role: Jim Torgeson credited Town Manager Dan Henderson (not named at the time of Jim Torgeson comment) with eventually hiring an investigator and issuing a debarment letter—action the current council members did not initiate or acknowledge.
No Council Response: The transcript records no council member reply, clarification request, or commitment to review the allegations. The meeting proceeded immediately to the Heritage North presentation.
Context: This allegation emerged during a period when the council was receiving extensive public recognition for collaborative, deliberative governance on Jim Torgeson challenge to council to "learn a lesson: humility" and "figure out how you're going to make sure stuff like that doesn't happen again" implicitly questioned whether the council's recent commitment to thoughtful process reflected a genuine shift in governance or was selective in application.
Other Public Comment Issues:
Tom Patterson raised concerns about the western canal corridor analysis (Item WW1060), noting that gravity-fed pipe options (items 3-4) preferred by neighbors were being ruled out in favor of pumped systems, with a decision deferred to April. He also critiqued the town's planned remodeling of the downtown building as budget-driven ("I think departments should actually be rewarded for being thrifty and not lose money that they save").
Amy Keller, communication director for The Church of Jesus Christ of Latter-day Saints in Gilbert, invited the council to a community constitution event on February 4 at 7 p.m. featuring national speaker Todd Collister, author of "America's Choice: A Nation Under God or Without God."
Duration
- Heritage North item (public hearing, presentation, discussion, vote): Approximately 90 minutes
- Total meeting: Approximately 2.5 hours (from invocation through adjournment to executive session)
Other Notable Items
Vice Mayor Selection: Amy Yentes elected Vice Mayor 2022 in unanimous 7-0 vote, replacing Yung Koprowski opposition or discussion; serves one-year term.
Water System Development Fees: Council approved adoption of system development fee structure for water infrastructure expansion (north treatment plant), with public hearing on specific fees deferred to February. Net residential impact ~$313; commercial impact ~$1,500. Town Manager noted stakeholder meetings yielded no objections brought to council.
Shade and Streetscape Master Plan: Accepted as public document, 7-0 approval (no discussion or presentation).
Property Acquisition: One item pulled from consent agenda; approved unanimously; no presentation or discussion; vote count not specified in transcript.
Proclamation: January 2022 declared "Speak Up Stand Up Save a Life Month" in recognition of statewide youth suicide prevention initiative; Gina Godby credited as responsible sister of Mayor Peterson and organizer; 10,000+ Arizona students from 169 schools have participated; over 500,000 youth statewide impacted.