Planning Commission recommends denial of Modera Gabriela Pointe general‑plan amendment and PAD rezone, citing loss of regional commercial and high multifamily‑s

Planning staff recommended that the Planning Commission forward a recommendation of denial to Town Council for a proposed minor general‑plan amendment (GP24‑02) and a PAD rezone (Z24‑10) for the Modera Gabriela Pointe project, and the commission voted accordingly.

What was proposed

Planning staff said the property is a roughly 14.99‑acre site at Higley Road and Olona Drive (north of the 202) and that the applicant sought to change the back half of the property (10.53 acres) from Regional Commercial (RC) to “Residential 25–50 dwelling units per acre” and to establish a PAD with deviations. The front 4.46 acres along Higley would remain RC with a mixed‑use building containing roughly 15,000 square feet of ground‑floor commercial and 44 loft units above, staff said. The rear 10.53 acres would be developed as four, four‑story residential buildings, with nine garage structures and surface parking. The applicant proposed about 335 residential units total and an average overall density of about 22.8 dwelling units per acre across the whole site; staff reported the multifamily high portion would show 27% common open space (requesting a deviation from the 40% requirement for that zone) while the RC portion would show about 43.47% (well above the 15% RC requirement), producing an overall open‑space figure around 31% for the entire project.

Staff recommendation and why

Planning staff said they did not support the change. Senior staff argued the site was planned for regional commercial and for the Gateway character area, which the general plan envisions for campus‑style office, light industrial and commercial uses that serve surrounding neighborhoods — uses that staff said are especially important near the San Tan Freeway. Staff also produced a map and analysis showing about 991 approved or underway multifamily units within a half‑mile of the site (including Tuscany at Gabriela Pointe and Morrison Ranch), and said adding the proposed 335 units would produce about 1,326 multifamily units within a half‑mile — the highest concentration in Gilbert outside Cooley Station’s village center. Staff said that concentration, together with pending townwide housing studies and prior outreach to potential commercial entertainment users, argued against rezoning the RC land now and that the applicant’s market study did not consider the pending nearby developments.

Applicant’s case and public comment

Applicant counsel and Mill Creek Residential argued the focus should be the 10 acres at the back of the site and that market realities have changed commercial demand; they said adding multifamily could generate more immediate economic activity and create an existing customer base for future retail. The applicant said they worked with economic development and provided a market analysis that suggested residential/mixed‑use was more viable for the parcel.

One nearby resident, Tyler Jones, spoke against the project and urged denial, citing traffic and a desire to keep remaining regional commercial land. Staff also reported five emails from nearby residents opposing the rezoning and noting traffic concerns.

The commission’s action

Commissioner Charles Simon moved to recommend denial of GP24‑02; Commissioner DeGravina seconded. The motion to recommend denial of the general‑plan amendment carried on a 5‑1 vote. The commission then moved and seconded a separate recommendation to deny Z24‑10 (the PAD rezone) and that motion also passed 5‑1. Commissioners who spoke in opposition to the rezoning said they were persuaded by staff’s points about preserving regional commercial land near the freeway and by the already large quantity of multifamily approved nearby; commissioners who supported the applicant emphasized housing demand and market change but did not command a majority.

What happens next

The Planning Commission forwarded its denial recommendation to Town Council; the applicant may choose to continue to pursue the proposal, revise it or withdraw it. Staff will include the commission’s findings and the public comments in the council packet.