Gilbert council denies Modera Gabriela Point rezoning after hours of debate on commercial land loss and traffic

The Town of Gilbert Council on June 24 denied a request by Mill Creek Residential and project representatives to amend the general plan and rezone about 10½ of roughly 46 acres at the Gabriela Point Commerce Center for high‑density multifamily development.

Supporters and the applicant said the plan would deliver 329 to 367 units in a mixed project that adds 20,000 square feet of ground‑floor commercial and a $200,000 contribution toward intersection improvements. Opponents, including town planning staff and several council members, warned the change would reduce the town’s limited regional commercial acreage and worsen an existing concentration of apartments near Warner and Higley roads.

Town planning staff, led by Keith, senior planner for zoning cases, told the council the proposal would convert regional commercial land that the 2020 general plan intended for campus‑style office, business park and regional retail into multifamily. Staff said the town has nearly 1,000 multifamily units already approved within a half‑mile of the site and that converting more regional commercial would be “premature” while the town completes a comprehensive housing study. Deputy director for economic development Jen Graves told council the town’s retail absorption and vacancy figures do not yet support a wholesale loss of commercial acreage.

Developer representative Bridal Ray urged approval, saying the specific configuration before the council was more feasible than a full commercial power center on this location and that the multifamily plan would generate construction fees, ongoing sales tax and new local spending. Ray also told the council the proposal would produce “47% less traffic” over the course of a typical day than full commercial development, a figure the town’s traffic staff examined and discussed during the hearing.

Council members pressed staff and the applicant about alternative commercial uses that are allowed in the Regional Commercial (RC) district, the vertical development overlay that can allow greater height, and whether loft‑style mixed‑use under current zoning could produce similar density without rezoning. Staff said many RC uses exist (about 95 permitted uses) and noted the town had not seen a viable power‑center outcome on this particular parcel. Park and economic development officials also testified about long‑term fiscal impacts of losing commercial land.

After discussion the council first considered a motion to approve the general plan amendment and rezoning; that motion failed on a 2–5 vote. Council members later confirmed by vote that failure to pass the motion amounted to denial. The applicant said it had offered the $200,000 contribution and other design changes but the council voted to preserve the existing general plan land‑use designation.

The denial leaves the site zoned RC; staff and council members noted that, under the RC district and the vertical development overlay, developers could still build loft units with ground‑floor commercial without returning to council if they comply with code.

Council member quotes reflect the split: one council member said the proposal “could be a catalyst” for adjacent commercial, while others said converting scarce commercial acreage would jeopardize the town’s tax base and long‑term employment land supply.

The town’s planning department will continue work on the comprehensive housing study before taking further action on similar requests.

Votes at a glance

- Motion to approve GP 24‑02 / Z‑24‑10 (Modera Gabriela Point) — Motion to approve failed 2–5; outcome: denial.

Details and next steps: Staff will continue to track market and housing‑study findings and report back to council; the applicant may pursue by‑right development options within the existing RC zoning.