Gilbert approves mixed-use zoning framework Z22-13 with three new districts, 7-0 vote

Council Backs Mixed-Use Zoning Framework Amid Allegations of Permit Abuse in Residential Neighborhood

Gilbert Town Council unanimously approved a comprehensive mixed-use zoning text amendment (Z22-13) on January 25, 2023, creating three new base zoning districts and design guidelines intended to streamline infill development and replace ad-hoc planned area development overlays. The vote came after a year of coordination with 41 peer municipalities and extensive internal vetting—but was overshadowed by seven residents from the Poco Bueno Ranch neighborhood alleging that town staff permitted an unauthorized multi-unit rental building in a residential front yard, changed the permit classification mid-process, and disregarded code violations including setback and drainage failures.

Key Speeches

"This is designed to provide a set of Land Development tools that help us implement the general plan. It is an explicit short-term implementation goal within the general plan to create mixed-use guidelines that are consistent with the general plan's principles and action items." — Noah Schumerth, Senior Planner, Planning & Development Services

"When you turn that corner down the street there's a three-story multi-unit detached stand-alone building in the front yard at the end of the cul-de-sac, and now when people come to my door they say why is someone building a house in their front yard and how was this ever approved." — Teresa Welker, Poco Bueno Ranch resident

"This structure was initially approved as guest quarters but under the town's code it does not meet any of the requirements for guest quarters. Guest quarters must be limited to one single story, cannot be taller than the original dwelling, and must conform architecturally to the original dwelling. This does not meet any of those requirements. It's 33 feet tall. It towers over the original dwelling." — Chris Welker, civil litigation attorney and Poco Bueno Ranch resident

"I am encouraging you, begging you, to do the right thing here. Shut this thing down. It makes no sense. It doesn't fit with a neighborhood, and if it's probably not legal we will pursue legal action if we have to." — Ernest Langdon, Poco Bueno Ranch resident

"I drove here 4.8 miles to come to this meeting. I ask each of you to drive 4.8 miles. I don't want you to look at it from aerial photographs. I don't want you to look at a site map. I need you to get in your cars and drive 4.8 miles and with certainty I hope I leave here tonight knowing that you will each of you drive 4.8 miles to Poco Bueno and see it for yourself." — Diane West, parent and daughter of Poco Bueno Ranch residents

"Developers lack the tools to clearly propose [mixed-use developments], and planning staff lack tools to determine where these are best placed within the town of Gilbert. The current method that we use to approve some of the mixed-use developments that already exist in the town uses tools such as the planned area development overlay and development agreements, which are not as transparent for the public." — Noah Schumerth, Senior Planner

Timeline

• Staff Presentation (Z22-13): Noah Schumerth and Samantha Novotny outlined one year of work benchmarking 41 peer municipalities, consulting town departments, Chamber of Commerce, developers, and the public to create three new mixed-use base zoning districts (Small, Large, Regional) with accompanying design guidelines. Heights set at 45, 65, and 85 feet respectively (with potential 5-foot bonuses for projects meeting design criteria). Minimum site sizes: 20,000 sq ft for Small, 5 acres for Large, 10 acres for Regional. All projects require rezoning vote by council to control placement and design.

• Public Comment on Z22-13: No speakers opposed the zoning amendment. Council members asked clarifying questions on height standards, parking, signage, and compatibility with existing vertical development overlay district rules.

• Council Discussion (Z22-13): Vice Mayor Kathy Tilkey and Councilmember Scott Anderson praised the work and noted consistency with Gilbert's "City of the Future" initiative and property maintenance standards. Councilmember Kenny Buckland asked about hotel components and whether the code prevents single-use hotels from masquerading as mixed-use. Councilmember Chuck Bongiovanni questioned shared parking mechanics. Councilmember Yung Koprowski noted approval by the Chamber of Commerce. Councilmember Jim Torgeson lightheartedly complimented Schumerth's "QVC Channel" presentation style and pledged support.

• Vote (Z22-13): 7-0, approved. No dissent.

• Public Comment on Melrose Street Unauthorized Structure: Seven residents and one attorney (Chris Welker) spoke sequentially, alleging violations at 2711 East Melrose Street. Residents reported a 5,000-square-foot, 30-33-foot-tall, three-level detached building with multiple entrances, three kitchens, rooftop party decks, a gym, and RV garage—built in the front yard of a residential property in violation of single-family zoning, front-yard setbacks (20 ft vs. 40 ft required), and drainage standards. Residents alleged: (a) permit initially issued for "guest quarters" but staff changed designation to "home addition" during November 7 meeting to circumvent code requirements; (b) structure does not meet guest quarters code (must be single story, not exceed original dwelling height, match original dwelling architecture); (c) owners operate seven rental properties statewide and have history of disruptive short-term rental parties; (d) cease and desist order issued but disregarded; (e) structure built on town and SRP easements without drainage plan; (f) setback violations place structure 20 feet from neighbor's front yard instead of required 40 feet; (g) multiple kitchens, separate washer/dryer units, and separate entrances per level indicate rental intent, not home addition.

• Council Response: Vice Mayor Tilkey stated council is not permitted to discuss unagendized items but thanked speakers for bringing concerns forward and noted issues would be referred to staff for review.

• Other Public Comments: Three separate speakers raised concerns on unrelated study session items: (1) Doralise Liddell requested council agendize park study session for public comment and cited safety, circulation/alley-closure, noise mitigation, food truck competition, park hours, tree identification, and vehicle overpass concerns; (2) Terry Natty asked council to pull Ocotillo Road project from approved consent calendar to reduce right-of-way width from approved dimensions to 55 feet per side per 2022 Transportation Master Plan standards; (3) Echo Love reported that a developer on the Madera Z22-12 project allegedly told council there were no traffic concerns, contradicting town staff assessment that the traffic study "failed initial review" with four major issues (queuing, arterial distance, level of service, road improvements). Love requested verification process for developer statements before council votes.

Opposition

Number of speakers: Seven residents and one resident-attorney on the Melrose Street structure; three speakers on separate study session / unagendized items.

Main concerns regarding Melrose Street building:

1. Zoning violation: Three-level, multi-unit detached building in residential front yard violates single-family zoning intent and design standards.

2. Code misclassification: Structure approved as "guest quarters" (denied three times) then reclassified by staff as "home addition" on morning of November 7 meeting without public notice, enabling approval despite failing guest quarters code (must be single story, not exceed original dwelling height, match original architecture).

3. Setback violations: Building placed 20 feet from neighbor's front yard instead of required 40 feet; new setback classification by town staff (changing owner's "front yard" to "side yard") technically places original dwelling in violation of new setback.

4. Drainage failure: Permit application requires site grading and drainage plan for on-lot retention. Town confirmed no drainage plan exists for 2711 Melrose; rainfall runs into adjacent properties creating flooding in neighbor's front yard.

5. Rental intent: Five separate entrances, three kitchens, three separate washer/dryer units, two rooftop party decks, full gym, and RV garage indicate multi-unit rental structure, not residential home addition. Owners operate seven rental properties statewide and rented original home for short-term rentals, hosting parties with armed guards at door, public nudity, and blocked streets.

6. Neighborhood character impact: Poco Bueno Ranch marketed as peaceful, tree-lined residential community with acre-lot single-family homes and open spacing. Structure "towers" 30-33 feet tall (while existing homes are ~20 feet), dominates cul-de-sac, blocks original home's front door, faces west while all other homes face north—creating visual and functional mismatch.

7. Process integrity: Cease and desist order issued then disregarded; residents allege town employees expressed shock and surprise at permit, promised investigation, and some said structure "shouldn't have been permitted"; lack of transparency and responsiveness despite multiple resident complaints and November 7 meeting.

Most compelling arguments:

• Chris Welker's (attorney) articulation of code violations: Detailed point-by-point demonstration that guest quarters requirements (single story, height cap, architectural conformance) are unmet, and that "home addition" designation is a "fiction" given the structure is detached, stands 20+ feet from original dwelling, and is clearly designed for multi-unit rental income.

• Nathan Leseur's drainage failure claim: Town staff confirmed in writing that no site grading and drainage plan exists for the property despite permit checklists requiring it as a mandatory checkpoint. Neighbor's front yard floods with on-site runoff from the structure.

• Diane West's emotional appeal: Mother of residents living next to the property, framed neighborhood as place of "certainty" for aging parents and families to trust one another. Requested council personally visit the 4.8-mile distance to see the structure in context—positioning council's inaction as a failure of duty.

• Ernest Langdon's premise-setting statement: Emphasized structure was "denied three times" for guest quarters, then approval changed mid-meeting, setting precedent for future violations and signaling process breakdown.

Organized groups: None; residents acted as ad-hoc neighborhood coalition without formal organization.

Support

Z22-13 Mixed-Use Zoning: No public speakers opposed the zoning amendment. Council members unanimously praised the work.

Chamber of Commerce: Submitted letter supporting Z22-13 approval; referenced in Jim Torgeson remarks.

Project Details

Z22-13 Mixed-Use Zoning Text Amendment

• Case number: Z22-13
• Applicant / proponent: Town of Gilbert Planning & Development Services
• Staff presentation: Noah Schumerth, Senior Planner; Samantha Novotny, Planner
• Type: Zoning text amendment creating three new base zoning districts and design guidelines
• Three new districts:
  • Mixed-Use Small (MUS): 45 ft max height, 20,000 sq ft minimum site area, 20% minimum usable open space, designed for neighborhood-scale small infill projects
  • Mixed-Use Large (MUL): 65 ft max height, 5-acre minimum site area, 20% minimum usable open space, designed for mid-sized integrated projects
  • Mixed-Use Regional (MUR): 85 ft max height, 10-acre minimum site area, 20% minimum usable open space, designed for larger campus-style developments
• Height bonuses: Up to 5 additional feet allowed for all three districts if development meets design guidelines, includes ground-floor non-residential uses, maintains separation from single-family residential, and provides adequate mitigation for surrounding properties
• Design guidelines: Comprehensive design standards document addressing pedestrian connectivity, open space quality, parking integration, setbacks, signage (including requirement for comprehensive sign program on master-planned sites), and relationship to surrounding uses
• Zoning text changes: Amendments to chapters addressing mixed-use definitions, use restrictions, development standards, height allowances, parking (including shared parking standards pending completion of parking study), signage, vertical development overlay district bonuses, and prohibition on use within Heritage District overlay
• General Plan compatibility: MUS aligns with neighborhood commercial, neighborhood office, medium-density residential GP categories; MUL aligns with village center, commercial, higher-density residential categories; MUR aligns with most intense commercial and residential GP categories
• Key provision: All projects must be rezoned to one of three districts by council vote, ensuring project-by-project review and placement control rather than blanket applicability
• Vetting: Peer municipalities analysis (41 communities across 13 states); coordination with planning staff, finance, public works, utilities, police, fire, development services, economic development, and community development; Chamber of Commerce public policy endorsement; developer and community partner input; Planning Commission public hearing and recommendation
• Implementation goals: Replace PAD/development agreement process (less transparent) with clear, predictable zoning standards; implement General Plan mixed-use goals; provide developer flexibility while preserving town control over placement and design; facilitate infill development transition from greenfield to built-out community ("Land Use 2.0")

2711 East Melrose Street Unauthorized Structure (Unresolved)

• Location: 2711 East Melrose Street, Poco Bueno Ranch neighborhood, Gilbert
• Property owners: Unnamed (operate seven rental properties statewide)
• Attorney representing residents: Chris Welker
• Structure description: 5,000-square-foot, 30-33-foot-tall, three-level detached building in residential front yard
• Structure components: Multiple entrances (one per level), three separate kitchens, three separate washer/dryer units, two rooftop party decks, full fitness gym, RV garage
• Zoning: Single-family residential (SF)
• Alleged violations:
  • Zoning violation: Multi-unit structure in single-family zone
  • Height violation: 30-33 feet vs. typical residential ~20 feet; exceeds original dwelling height by 10+ feet
  • Setback violation: 20 feet from neighbor's front yard vs. required 40 feet
  • Setback classification impropriety: Town staff changed owner's "front yard" to "side yard" to justify 20-foot setback; residents allege this reclassification places original dwelling in violation of new setbacks
  • Guest quarters non-compliance: Code requires guest quarters to be single story, not exceed original dwelling height, match original architecture; structure fails all three criteria
  • Drainage failure: No site grading and drainage plan filed despite mandatory permit requirement for on-lot retention; rainfall floods adjacent neighbor properties
  • Building on easements: Structure built on town of Gilbert and SRP (Salt River Project) easements
  • Rental intent despite "home addition" designation: Multiple entrances, multiple kitchens, separate washer/dryer units per level, rooftop decks, and owner's history of short-term rental operations indicate multi-unit rental structure
• Permit history: (1) Initially applied for as "guest quarters," denied three times; (2) On November 7, 2023 meeting with town staff, designation changed to "home addition" (residents allege change occurred during meeting without advance notice); (3) Permit approved with "home addition" designation; (4) Construction proceeded; (5) Cease and desist order issued, then disregarded
• Neighborhood context: Poco Bueno Ranch marketed and developed as quiet, peaceful, tree-lined residential neighborhood with acre-lot single-family homes, large front yards, and open spacing between homes. Residents characterize it as place of "certainty" where aging parents and families trust neighbors for mutual support
• Owner history: Operates seven rental properties throughout Arizona; has rented original dwelling for short-term rentals hosting parties with armed guards at door, public nudity incidents, and blocked streets; neighbors report multiple disruptive rental events over several years

Vote Breakdown

Z22-13 Mixed-Use Zoning Text Amendment

• Final: 7-0, Approved
• Yes: Mayor Scott Anderson, Vice Mayor Kathy Tilkey, Councilmember Chuck Bongiovanni, Councilmember Kenny Buckland, Councilmember Yung Koprowski, Councilmember Monte Lyons, Councilmember Jim Torgeson
• No: None
• Abstentions: None

Consent Calendar (Items 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20) — Liquor License, Property Acquisition, System Development Fees Audit

• Final: 7-0, Approved
• Yes: All council members
• No: None
• Abstentions: None

Minutes (Item 21)

• Final: 4-0, Approved with 3 Abstentions
• Yes: Mayor Scott Anderson, Vice Mayor Kathy Tilkey, and two others (names not stated in transcript)
• No: None
• Abstentions: Three new council members (Chuck Bongiovanni, Kenny Buckland, Yung Koprowski) abstained as they were not seated for prior meeting

Outcome & Next Steps

Z22-13 Status: Approved unanimously. Three new mixed-use zoning districts and design guidelines are now adopted into Gilbert Land Development Code. Any property owner or developer wishing to use one of these three districts must apply for rezoning to council, which will trigger public hearing, staff review for General Plan compatibility, and council vote. Town staff will finalize parking study to integrate shared-parking standards specific to mixed-use projects. Design guidelines document is effective immediately and will apply to all future mixed-use projects and loft-above developments in town.

2711 East Melrose Street Structure: Unresolved. Residents requested council action but no council members responded substantively during the meeting, citing procedural rules that unagendized items cannot be discussed at council meeting. Vice Mayor Tilkey stated the issue would be referred to staff for review. Residents threatened legal action and discovery process if town does not shut down the structure or remediate the violations. No continuance date or action plan was announced.

Other Public Comments: Park study session and Ocotillo Road project referred to council consideration; traffic study accuracy on Madera Z22-12 project noted for council review. Vice Mayor Tilkey announced Communications Subcommittee working on updated public comment cards and educational video on public input processes.

Controversies & Context

Z22-13 Zoning Framework Context:

The mixed-use zoning amendment represents a deliberate shift in Gilbert's development governance from project-specific PAD overlays and development agreements (characterized as opaque and difficult for public to understand) to prescriptive, published zoning standards. Planning staff argued that prior tools allowed developers to negotiate individual project terms without clear community visibility, whereas new mixed-use districts publish height, density, setback, design, and open-space standards upfront.

Schumerth emphasized that the town is transitioning from 40 years of greenfield (farmland) development to infill (reuse of built-up areas), requiring clearer rules to manage density, height, and compatibility with existing neighborhoods. The General Plan (2018) explicitly called for mixed-use guidelines; this ordinance fulfills that mandate.

Council and staff noted that recent mixed-use projects in town (including the Gilmore, agritopia phases, and North Side at San Tan Village) were approved under PAD or in multiple disconnected zoning districts, creating integration challenges. New districts are designed to encourage better site planning and pedestrian connectivity.

Scott Anderson tied the work to the "City of the Future" initiative, emphasizing that design standards and zoning clarity are tools to maintain quality of life and property values as Gilbert matures—similar in intent to a proposed property maintenance code.

Melrose Street Structure Controversy:

The unauthorized structure allegation exposes a potential breakdown in permit approval process and code enforcement:

1. Initial denial → approval cycle: Structure denied three times as "guest quarters," then reclassified and approved as "home addition" during or immediately before November 7 meeting. Residents allege lack of notice and improper process.

2. Code misclassification: Guest quarters code is explicit (single story, height cap, architectural match). Structure plainly fails all three. Town staff's pivot to "home addition" appears to have been a workaround to avoid the explicit guest quarters code, but residents argue "home addition" designation is equally inapplicable to a detached 5,000-sq-ft building standing alone in a front yard.

3. Setback reclassification controversy: Town staff reportedly changed the property's "front yard" to "side yard" to justify the 20-foot setback. Residents argue this administrative sleight-of-hand violates setback standards and places the original dwelling in violation of new setbacks created by the addition.

4. Drainage plan omission: Mandatory permit checklist item (site grading and drainage plan) is missing, yet permit was issued. Town staff confirmed in writing that no plan exists. Neighbor flooding is the practical consequence.

5. Cease and desist disregard: Once a cease and desist was issued, town appears to have allowed construction to continue. Residents interpreted this as lack of enforcement will or coordination between planning, building, and code enforcement.

6. Rental intent vs. code designation: Multiple entrances, multiple kitchens, separate utilities per floor, and owner's documented history operating seven rental properties all point to rental operation intent, contradicting the "home addition" and "guest quarters" designations which assume non-rental residential use.

Confidence in Process:

Residents repeatedly expressed frustration that town employees privately acknowledged surprise or problems with the permit, but public approvals proceeded. Resident Amy Langdon invoked campaign promises by new council members (Kenny Buckland and Yung Koprowski) to oppose apartments in residential neighborhoods, arguing that this structure is exactly that—an unlicensed apartment complex approved in violation of those promises and town code.

Ernest Langdon and Chris Welker both invoked possible litigation (discovery of town records) as leverage, signaling residents' intent to expose the decision-making process if council does not take action.

Secondary Controversies — Developer Misrepresentations:

Echo Love raised a separate concern about the Madera Z22-12 project (not voted on this evening but approved in December): she alleged that during that meeting, the developer told council there were "no traffic concerns," but town staff (Noah Schumerth, planning, and Eva Cutro, traffic) had informed her prior to the meeting that the traffic study "failed initial review" with four specific issues (queuing, arterial distance, level of service, road improvements). Love requested a verification process for developer statements before council votes.

This comment did not result in council discussion but was noted as a concern for staff review. It suggests residents perceive a pattern of incomplete or contested information reaching council.

Duration

• Z22-13 Staff Presentation & Council Q&A: ~60 minutes
• Z22-13 Council Discussion & Vote: ~20 minutes
• Public Comment on Melrose Street & Other Items: ~40 minutes
• Total Meeting (est.): ~3 hours 30 minutes (meeting included student citizen awards, budget presentation, consent calendar, executive session notice, and administrative reports)

Other Notable Items

Gilbert Benchmark Report (2022): Budget Director Kelly Fost presented biennial peer-community comparison across 75 benchmarks in 41 municipalities. Key findings: STEM worker percentage slightly up (13.5% → 13.6%); commercial vacancy up slightly (8.6% → 9.1%) but better than peers; e-statement adoption up (29% → 35%); sworn officers per 1,000 residents up (fewer than peer average, prioritized for investment); fire response time up slightly (4:44 → 5:00, attributable to pandemic PPE protocols); surface vs. groundwater usage slipped (away from renewable surface water target of 85%) but will improve with new North Water Treatment Plant; residential trash per household #1 nationally (growth of ~100 lbs/household/year, but peer communities grew 500+ lbs). Jim Torgeson questioned why Scottsdale's trash is so low; Fost attributed it to seasonal populations and smaller household sizes.

Communications Subcommittee Update: Vice Mayor Tilkey reported committee working with town clerk to redesign public request-to-speak cards for clarity, and coordinating with digital team to produce video explaining public input processes for use in council chambers and online.

Employee Recognition: Town Manager Patrick Banger announced retirements of Susan Logan (22 years, Water Distribution, 2007 Employee of the Year, 37 on-the-spot awards) and Jody Becker (27 years, Park Ranger Supervisor, featured in national Parks & Recreation magazine, 2014 Gilbert MVP Innovation winner). Town plans A-frame signage in front of town hall thanking both (humorous callback to Scott Anderson earlier A-frame sign advocacy).

Lunar New Year: Yung Koprowski extended wishes for Happy Lunar New Year (Sunday, January 22, Year of the Rabbit) and referenced regional celebrations.

Rock Purdy Recognition: Scott Anderson noted that San Francisco 49ers starting quarterback Rock Purdy is a Perry High School graduate; team plays this week.