ORDINANCE NO. 2972 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE LAND DEVELOPMENT CODE OF GILBERT, ARIZONA, CHAPTER 1 ZONING REGULATIONS, SECTION 6.0 ADMINISTRATIONS, SECTION 6.1 PLANNING ADMINISTRATION, SECTION 6.2 COMMON PROCEDURES, SECTION 6.6 DESIGN REVIEW; CHAPTER 3 SUBDIVISIONS; BY AMENDING SECTION 1.1 SUBDIVISION REGULATIONS, RELATED TO ADMINISTRATIVE REVIEW AND REVIEW OF CERTAIN OF PRELIMINARY PLATS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. WHEREAS, House Bill 2447 (HB2447) requires the legislative body of a city or town to authorize administrative personnel to review and approve preliminary plats without a public hearing. WHEREAS, the Town Council has received a recommendation from the Town of Gilbert Planning Commission regarding the proposed Land Development Code text amendment authorizing administrative personnel to review and approve preliminary plats without a public hearing. WHEREAS, the Town Council has considered the probable impact of the proposed ordinance on the cost to construct housing for sale or rent. NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows: Section I. In General. The Land Development Code of Gilbert, Arizona, Chapter I Zoning Regulations, Section 6.0 Administrations, Section 6.1 Planning Administration, Section 6.1.3 Planning Commission, Section 6.1.5 Planning Manager, 6.1.9 Redevelopment Commission is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout): 6.1.3 Planning Commission D. Powers and Duties The Commission shall have the following powers and duties: 1. Recommend to the Town Council a General Plan and amendments thereto. 2. Annually review progress towards implementation of the General Plan and recommend to the Town Council changes desired due to new legislation, development trends and changing economic, social and environmental conditions. 3. Review and make recommendations to the Town Council on proposals to amend the Official Zoning Map or the provisions of the Zoning Code. 4. Initiate changes to the Official Zoning Map or text of the Zoning Code to ensure conformance and consistency with the Town's General Plan. 5. Review and recommend to the Town Council design guidelines for conducting design review. 6. Approve, approve with modifications and/or conditions, or deny Special and Conditional Use Permits. 7. Revoke Administrative, Special and Conditional Use Permits. 8. Hear and decide appeals from decision of the Zoning Administrator on applications for Administrative Use Permits. 9. Review applications for Administrative Use Permits upon referral by the Zoning Administrator. 10. Appoint a Zoning Hearing Officer from the Commission membership or contract a legal professional, not appointed to any Town Board or Commission. 11. Approve, approve with modifications and/or conditions or deny REVIEW AND COMMENT ON APPLICATIONS FOR preliminary subdivision plats and open space plans OF 20 ACRES OR MORE AT A STUDY SESSION. 12. Hear and decide appeals from decisions of the Town Engineer on applications for Minor Land Divisions. 13. Hear and decide appeals from decisions of the Planning Manager on applications for Administrative Relief from Development Standards. 14. Review and make recommendations to the Town Council on proposals for Protected Development Right Plans. 15. Approve, approve with modifications and/or conditions, or deny major Wall and Fence Modifications. 16. Hear and decide upon Wall and Fence Modification revocations. 17. HEAR AND DECIDE APPEALS FROM THE DECISION OF THE PLANNING MANAGER, OR DESIGNEE, ON APPLICATIONS FOR PRELIMINARY PLATS. 6.1.5 Planning Manager The Planning Manager is the employee of the Town designated to administer Planning Department. A. Powers and Duties of the Manager, or Designee 1. Administer the Land Development Code. 2. Provide professional recommendations to the Town Council, appointed officials and Town management on matters related to the physical development of the community. 3. Administer the annexation process. 4. Process, review, and make recommendations to the Planning Commission on applications for: a. Amendments to the General Plan text or maps b. Amendments to Zoning Code text or maps c. Subdivision Plat maps 5. Process, review, and make recommendations with respect to property in the Heritage District Overlay District to the Redevelopment Commission on applications for: a. Amendments to the General Plan text or maps b Amendments to the Zoning Code text or maps c. Subdivision Plat maps 6. Process, review and make recommendations on applications for design review. 7. Expand the boundaries of a Design Review Master Site Plan application to incorporate abutting properties. 8. Perform administrative design review 9. Expand the notification area 10. Grant administrative relief from development standards Pursuant to this Zoning Code. 11. Determine if applications require a zoning amendment or amendment to the General Plan. 12. Process and make recommendations on appeals. 13. Initiate proceedings for the revocation of a protected development right plan. 14. Appoint and supervise the work of the Zoning Administrator. 15. Make recommendations to the Design Review Board, Redevelopment Commission and Planning Commission on design review guidelines. 16. Make recommendations to the Zoning Hearing Officer. 17. Serve as Executive Secretary of the Planning Commission and Board of Adjustment. 18. Waive the Pre-application Process pursuant to the Zoning Code. 19. Exercise appeal authority as authorized by the Zoning Code. 20. Review and approve minor Wall and Fence Modifications pursuant to this Zoning Code. 21. Approve other applications and projects as authorized by the Zoning Code. 22. PERFORM ADMINISTRATIVE REVIEW AND APPROVAL OF PRELIMINARY PLATS. 6.1.9 Redevelopment Commission D. Powers and Duties of the Redevelopment Commission 1. All powers conferred upon municipalities by the provisions of A.R.S. Title 36, Chapter 12, Article 3, except the powers to borrow money, issue bonds, acquire and dispose of real property, enter into contracts with the federal government or any public body, prepare a general plan for the development of the town or approve redevelopment plans. 2. Recommend to the Town Council a Redevelopment Plan and amendments thereto. 3. Review and make recommendations to the Planning Commission on proposals to amend the Official Zoning Map or the provisions of the Zoning Code relating to the Heritage District Overlay District and other designated redevelopment areas. 4. Approve, approve with modifications and/or conditions, or deny applications for design review. relating to the Heritage District Overlay District and other designated redevelopment areas. 5. Hear and decide appeals from administrative design review decisions of the Director of Planning relating to the Heritage District Overlay District and other designated redevelopment areas. 6. Review and recommend approval to the Town Council of design guidelines for the Heritage District Overlay District. 7. Review and recommend approval, approval with modifications and/or conditions, or denial to the Planning Commission of Special and Conditional Use Permits relating to the Heritage District Overlay District and other designated redevelopment areas. 8. Review and comment to the Planning Commission on appeals of Administrative Use Permits relating to the Heritage District Overlay District and other designated redevelopment areas. 9. Review and recommend approval, approval with modifications and/or conditions, or denial to the Planning Commission of COMMENT ON APPLICATIONS FOR preliminary subdivision plats OF 20 ACRES OR MORE relating to the Heritage District Overlay District and other designated redevelopment areas. 10. Review and comment on applications for zoning, General Plan Amendments, Subdivisions, Variances, Design Review, and Use Permits within 1,000 feet of the exterior boundaries of the Heritage District Redevelopment Area. 11. Conduct public hearings as required by the Zoning Code. The Land Development Code of Gilbert, Arizona, Chapter I Zoning Regulations, Section 6.0 Administrations, Section 6.2 Common Procedures, Section 6.2.6 Notice of Public Hearings is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout): 6.2.6 Notice of Public Hearings Prior to consideration of any action for which the Zoning Code requires notice pursuant to this section, notice shall be given in compliance with the following requirements: A. Published Notice For General or Specific Plan amendments, amendments to the zoning code text, amendments to a zoning ordinance or the Official Zoning Map, conditional and special use permits, preliminary subdivision plats, zoning variances, and appeals heard by the Board of Adjustment, the Town Clerk or Planning Manager, as appropriate, shall prepare for publication a Notice of Public Hearing. The notice shall comply with the following requirements: 1. The notice shall be published at least 15 days prior to the date of the public hearing at least once in a newspaper of general circulation within the Town of Gilbert. Notice of a hearing on a major amendment to the General Plan shall be posted not more than 30 days prior to the hearing. 2. A general description of the proposed project or action and the property included in the application. 3. The date, time, location, and purpose of the public hearing. 4. The location and times at which the complete application and project file may be viewed by the public. 5. A statement that any interested person or authorized agent may appear and be heard. 6. A statement describing how and when to submit written comments. 7. No additional information may be included in the mailing. B. Posting of Official Notice For applications for General and Specific Plan amendments, amendments to the zoning code text, amendments to a zoning ordinance or the Official Zoning Map, conditional and special use permits, preliminary subdivision plats, zoning variances, Design Review Master Site Plans, and appeals heard by the Board of Adjustment, the Town Clerk or Planning Manager, as appropriate, shall prepare for posting a Notice of Public Hearing. C. Property Posting For applications for annexation, General and Specific Plan map amendments, amendments to a zoning ordinance or the Official Zoning Map, conditional and special use permits, preliminary subdivision plats, Design Review Master Site Plan, zoning variances, and appeals heard by the Board of Adjustment, the applicant shall post the Notice of Public Hearing on the subject property. Applications for amendments to the text of the Zoning Code shall not require property posting. The notice shall be subject to the following requirements: 1. The notice shall be posted at least 15 days prior to the date of the public hearing. 2. Posting, maintenance and removal of signs are the responsibility of the applicant. Failure to remove the sign within 10 days of public hearing action shall result in Town removal of the sign and a charge to the applicant for costs incurred. 3. Size, color, content, and location of public hearing sign shall be designated by Town Council resolution for posting of public hearing notices. 4. The applicant shall submit a signed affidavit and dated, color photos of the sign or signs prior to the public hearing. 5. Failure of the applicant to provide evidence of posting shall result in a postponement of the public hearing. D. Neighborhood Notice For applications for General and Specific Plan amendments, rezoning, conditional and special use permits, preliminary subdivision plats, Design Review Master Site Plans, zoning variances and appeals heard by the Board of Adjustment, the Planning Manager shall prepare a Notice of Public Hearing. The Land Development Code of Gilbert, Arizona, Chapter I Zoning Regulations, Section 6.0 Administrations, Section 6.6 Design Review, Section 6.6.1 Purpose and Intent, Section 6.6.2 Procedures and Responsibility is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout): 6.6.1 Purpose and Intent * * * * B. Applicability Design review is required for all new construction, exterior site and structure alterations, signs, and preliminary subdivision plats prior to final plat, including Town facilities 6.6.2 Procedures and Responsibility A. Procedures The following procedures shall apply to applications for design review, residential standard plans, and PRELIMINARY PLATS OF 20 ACRES OR MORE ACCOMPANIED BY A subdivision open space plan: 1. Pre-Application Review Pre-application review shall be as required subject to procedures set forth in Common Procedures. 2. Applications * * * * e. Subdivision Open Space Plan. Subdivision open space over 20 acres shall be reviewed concurrent WITHto and a PRELIMINARY PLAT AND A recommendation provided by the Design Review Board prior to or concurrent to preliminary plat approval by the Planning Commission or on the same STUDY SESSION agenda. 3. Public Notice. Public notice shall be provided in compliance with Notice of Public Hearings. The following applications do not require public notice of a public hearing, but are required to be discussed/approved by the Design Review Board or Redevelopment Commission: a. Residential Standard Plans. b. Commercial, office, and employment buildings on sites, lots, or parcels of less than five (5) acres that are in conformance with an approved commercial or industrial subdivision or master site plan. c. Subdivision Open Space Plans. d. Signs and Sign Plans. A. THE FOLLOWING APPLICATIONS DO NOT REQUIRE PUBLIC NOTICE OF A PUBLIC HEARING, BUT ARE REQUIRED TO BE DISCUSSED/APPROVED BY THE DESIGN REVIEW BOARD OR REDEVELOPMENT COMMISSION: 1) RESIDENTIAL STANDARD PLANS. 2) COMMERCIAL, OFFICE, AND EMPLOYMENT BUILDINGS ON SITES, LOTS, OR PARCELS OF LESS THAN FIVE (5) ACRES THAT ARE IN CONFORMANCE WITH AN APPROVED COMMERCIAL OR INDUSTRIAL SUBDIVISION OR MASTER SITE PLAN. 3) SIGNS AND SIGN PLANS. B. THE FOLLOWING APPLICATIONS DO NOT REQUIRE PUBLIC NOTICE OF A PUBLIC HEARING, BUT ARE REQUIRED TO BE REVIEWED AND DISCUSSED BY THE DESIGN REVIEW BOARD OR REDEVELOPMENT COMMISSION AT A STUDY SESSION: 1) PRELIMINARY PLATS AND SUBDIVISION OPEN SPACE PLANS OF 20 ACRES OR MORE. * * * * B. Administrative Design Review Administrative design review shall be conducted by the Planning Manager. The Planning Manager may refer any application for administrative design review to the Design Review Board or, in the Heritage District Overlay Zoning District, to the Redevelopment Commission for action. The foregoing shall not apply to any application for Adaptive Reuse of a Qualified Obsolete Building. 1. Scope of Administrative Design Review Authority The Planning Manager may conduct administrative design review of applications for: * * * * l. PRELIMINARY PLATS AND Open Space Plans for a subdivision less than 20 acres OR ANY PLAT FOR NON-RESIDENTIAL PROJECTS WITH AN APPROVED DESIGN REVIEW as part of the Preliminary Plat review. M. PRELIMINARY PLATS AND OPEN SPACE PLANS OF 20 ACRES OR MORE THAT HAVE BEEN REVIEWED AND DISCUSSED BY THE PLANNING COMMISSION OR THE REDEVELOPMENT COMMISSION AT A STUDY SESSION AND FINAL EXHIBITS MEET REVIEW COMMENTS FOR CODE REQUIREMENTS. mN. Model Home Complexes. nO. Projects that do not require public notice yet require approval by the Design Review Board or the Redevelopment Commission may be approved administratively after the project is discussed by the Design Review Board or the Redevelopment Commission at a Study Session and final exhibits meet review comments for code requirements. oP. Category 1 Wireless Communication Facilities as set forth in Wireless Communications Facilities. The Land Development Code of Gilbert, Arizona, Chapter 3 Subdivisions, Section 1.1 Subdivision Regulations, Section 1.1.3 Preliminary Plat Overview is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout): 1.1.3 Preliminary Plat Overview D. Notice of Public Hearings Public notification shall be provided in compliance with Common Procedures. ED. Staff Reports The Planning Manager or designee shall prepare and transmit staff reports to A STUDY SESSION OF the Design Review Board and to the Redevelopment Commission, if applicable, and to the Planning Commission FOR PRELIMINARY PLATS OF 20 ACRES OR MORE. FE. Redevelopment Commission The Redevelopment Commission shall review applications for preliminary subdivision plats OF 20 ACRES OR MORE within the Heritage District Overlay Zoning District at a STUDY SESSIONpublic meeting. The Redevelopment Commission may PROVIDE COMMENT AND FEEDBACK, recommend approval, approval with modifications and/or conditions, or denial of preliminary plats to the Planning STAFF Commission. GF. Design Review The Design Review Board, or Planning Commission acting as the Design Review Board, shall review AND COMMENT ON the open space plan for a subdivision of 20 acres or more at a STUDY SESSIONpublic meeting. Design Review Board, or the Planning Commission acting as the Design Review Board, shall approve, approve with modifications and/or conditions, or deny the subdivision open space plan. This action may be combined with the approval, REVIEW AND COMMENT of the preliminary plat. Staff may administratively approve open space plans for subdivisions of less than 20 acres and amendments to approved open space plans that do not substantially change the intent of the original approval. HG. Planning Commission Hearing APPROVAL The Planning Commission shall conduct a public hearing on an application for a preliminary subdivision plat as set forth in Common Procedures. The Planning Commission may approve, approve with modifications and/or conditions, or deny the proposed preliminary subdivision plat. The Planning Commission shall consider recommendations from the Redevelopment Commission, if applicable. THE PLANNING MANAGER, OR DESIGNEE, SHALL APPROVE, APPROVE WITH MODIFICATIONS AND/OR CONDITIONS, OR DENY THE PROPOSED PRELIMINARY SUBDIVISION PLAT. IH. Appeal The Design Review Board or Planning Commission action on a preliminary subdivision plat or open space plan may be appealed to the Town Council pursuant to Procedures for Appeals. The Town Council decision shall be final. The Town Council shall have the authority to uphold, modify, or overrule the action of the Design Review Board. DECISIONS ON A PRELIMINARY PLAT OR OPEN SPACE PLAN MADE BY THE PLANNING MANAGER, OR DESIGNEE, MAY BE APPEALED TO THE PLANNING COMMISSION PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 6.2.12 PROCEDURES FOR APPEALS JI. Effective Date The effective date of the preliminary subdivision plat shall be the 11th day after approval, if no appeal has been filed. The effective date of a preliminary subdivision plat which has been appealed to the PLANNING COMMISSION Town Council is the date of PLANNING COMMISSION Town Council approval. KJ. Expiration Date A preliminary subdivision plat shall automatically expire three (3) years from its effective date unless a complete application for a final subdivision plat has been filed with the Town. Section II. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. Section III. Providing for Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section IV. Providing for Penalties Any person found responsible for violating the provisions set forth in this ordinance shall be subject to the civil sanctions and habitual offender provisions set forth in Sections 6.12.6 and 6.12.7 of the Town of Gilbert Land Development Code. Each day a violation continues, or the failure to perform any act or duty required by this zoning ordinance, the Zoning Code or by the Town of Gilbert Municipal Court continues, shall constitute a separate civil offense. PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this 2nd day of December, 2025, by the following vote: AYES: Anderson, Bongiovanni, Buchli, Buckland, Koprowski, Lyons, Torgeson NAYS:  ABSENT:  EXCUSED:  ABSTAINED:  APPROVED this 2nd day of December, 2025. Scott Anderson, Mayor ATTEST: Chaveli Herrera, Town Clerk APPROVED AS TO FORM: Christopher W. Payne, Town Attorney I, CHAVELI HERRERA, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2972 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 2ND DAY OF DECEMBER, 2025, WAS POSTED IN ONE PLACE ON THE 3rd DAY OF December, 2025. Chaveli Herrera, Town Clerk Pub: Dec 11, 18, 2025