Council denies request to convert common open space to private yards at Tuscany Gabriela Point

The Town of Gilbert Council on June 24 denied a planned‑area‑development amendment that would have let the developer of Tuscany Gabriela Point convert portions of required common open space to private extended ground‑floor patios for about 137 units.

Keith, planning staff, said the development’s original PAD included a stipulation that increased common open space above the code minimum as a trade‑off to allow several 4‑story buildings on the west side of the project. Staff told council the applicant’s amendment would reduce that additional common open space and thereby remove the original trade‑off that secured greater building height.

Applicant representatives and their consultant showed photographs of similar extended yards already constructed on the eastern half of the project and argued the patios enhance livability and pedestrian connections. The developer also told staff it had moved proposed patio fences back to provide a three‑foot buffer from sidewalks and said the project will retain robust amenities, including multiple clubhouses, indoor and outdoor fitness and courts, pools and dog parks.

Planning staff opposed the amendment because several proposed patios encroached into required street‑front building setbacks on Warner Road and Martingale Road; staff included a condition that the fences be pulled inside the setbacks if council approved the amendment. After debate about bargaining trade‑offs previously granted to the project and about consistency across the project’s two zoning districts, the council voted 4–3 to deny the PAD amendment.

Councilmember comments focused on the original negotiation that had secured additional common open space in exchange for increased height; supporters of the amendment said the change would make the project more usable for residents and consistent with similar designs in other areas of Gilbert. Staff said the overall total open space across the entire combined development would remain near the level originally promised but that common open space on the MFM (multifamily medium) side would fall from 43% to 40% if the patios were approved.

The denial preserves the PAD’s prior stipulation requiring the higher common‑open‑space percentage on the west side and leaves any further adjustments to a later filing or separate council consideration.