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Mixed-use project Modera Gilbert gains approval

Development situated across street from Agritopia's Epicenter

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Another mixed-use development at Higley and Ray roads with commercial and multifamily development won approval Dec. 13 from Gilbert Town Council. 

Modera Gilbert will feature approximately 22,000 square feet of ground floor commercial/retail space and 276 residential units divided among loft units above retail space and traditional multifamily residential buildings. 

Gilbert Town Council approved the development on a 7-0 vote, noting the development had vastly changed plans since it was first introduced into the planning process in 2021. 

“It started with me back in August 2021, and my response was no, and they went out and found a different representative along the way and made a lot of changes along the way,” Mayor Brigette Peterson said after the developer’s presentation and hearing from staff, residents and council. “Right up until today, I was probably still a no. … But I think I have changed my mind on this case.” 

The 15.4-acre development is across the street from Agritopia’s Epicenter, the town’s first loft-above mixed-use development. It was strongly opposed by neighbors from the Lyons Gate community. 

The lot had been zoned for shopping center. The town is considering, but does not have, a mixed-use zoning designation and so the developer, Mill Creek Residential, asked to change it to 8.66 acres of multifamily medium density residential, 3.8 acres of general commercial and 2.93 acres of shopping center, according to town documents. 

If mixed-use zoning is approved as a designation in town, the developer would like to have a Paseo-type pedestrian path between the commercial development fronting on Ray Road and the multifamily housing, Planning Manager Eva Cutro said. 

Neighbors told the town they were concerned about the loss of commercial space, the additional apartments, increased traffic, building heights that reach up to 55 feet and the effect on the water supply. 

Brennan Ray, the attorney representing Mill Creek, said the site had undergone a number of changes in response to concerns raised from neighbors and had seen less people coming to neighborhood meetings over time, which he said they took to mean they were satisfying concerns. 

Ray noted that the Lyons Gate irrigation system is under considerable stress “before I ever put a shovel in the ground,” but that the developer is working closely with the town to meet its requirements for providing water for the irrigation system. 

He also noted traffic under the proposed rezoning would be less than if the site was developed under the current zoning. 

However, Lyons Gate resident Echo Love, speaking on behalf of 166 neighbors on a petition against the development, said a decision on the development as proposed should be postponed until the mixed-use zoning designation is created. 

“It also listed in the (Gateway) Character Area, which identifies as desirable physical characteristics that will enhance Gilbert’s unique identity and bring back traditional neighborhoods,” she said. “There is nothing traditional about this project, and it does not fit with the character plan.” 

Council Member Kathy Tilque and Vice Mayor Aimee Yentes said they supported the project based on the changes that had been made over time. Ray included in his presentation to council the different iterations of the project to show how it had evolved over time. 

“It looks like an on-going dialogue with many of the residents there,” Yentes said. “The proof is in the pudding from how much we can visually see how much the plans have drastically (changed).” 

Modera Gilbert, Gilbert Town Council, Eva Cutro, Brennan Ray, Echo Smith, Brigette Peterson, Kathy Tilque, Aimee Yentes

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