Buckeye planning commission recommends broad development-code rewrite to city council

The City of Buckeye Planning and Zoning Commission on Sept. 23 voted to recommend that the mayor and city council approve a multi-article update to the city's development code, a package identified in the agenda as case PLZM-24-0064.

The change package, described by Mandy Woods, principal planner with Development Services, would rewrite Chapters 7 Articles 1'10 of the Buckeye Code of Ordinances and appendices A'C. Woods told commissioners the rewrite bundles a wide range of changes including updated use tables, design standards, signage rules, subdivision rules and new administrative procedures.

Woods said the update is a continuation of a multi-phase process that began after the city's last major code update in 2010 and after Phase 1 was adopted earlier this year. "This has been a long time coming but it's definitely stronger for having all of that involvement along the way," she said, describing review by a community advisory committee, multiple city divisions and the development community.

Key provisions covered in the presentation and commission discussion included: - Pre-application lock-in: applicants that complete a pre-application would be able to have that earlier review''status preserved for a limited period (up to nine months) when they file a formal application, to reduce hardship from code changes mid-process. - Uses and housing: a consolidated and reorganized use table; new or revised use-specific standards for middle housing (duplexes, triplexes, fourplexes and townhomes) to align with a recent state bill referenced in the presentation; codifying local practice on accessory dwelling units; removal of an underused "single-family flex" district and consolidation of community master plan (CMP) and planned area development (PAD) tools. - Backyard fowl: codifies a state statute change allowing up to six hens (no roosters) at single-family homes subject to enclosure and health standards. - Battery energy storage systems (BESS): adds use-specific standards vetted with the city's fire department and industry professionals. - Signage: an almost complete rewrite of the signage article to reflect court guidance on content neutrality (Reed v. Gilbert is cited in the presentation), add graphics and measurement rules, and expand the comprehensive sign plan process. - Design and subdivision standards: updated multifamily and commercial design standards, expanded landscaping and lighting standards, clarifications to block-length and T-intersection design, and provisions that allow certain site plans and plats to be approved administratively in response to the state statute cited as HB 2447. - Process and review: codification of design review procedures and clarified appeals language; delegation and streamlining of some administrative hearing authority.

Commissioners asked clarifying questions about homeowner association (HOA) authority over backyard fowl and accessory dwelling units; Woods replied that HOA covenants can still impose restrictions in addition to the city and state rules. A staff member clarified local policy on marijuana uses, saying the draft preserves the city's existing approach and "allows only the minimum of what we're allowed to regulate," meaning the code as drafted preserves allowance for medical marijuana dispensaries and does not permit recreational dispensaries or dual licenses.

One public speaker, Kurt Jones of Tiffany & Bosco, speaking for Howard Hughes Corporation and noting his participation on the community advisory committee, said the company supported the text amendment and thanked staff for coordination: "She was very helpful with our team," Jones said, adding that the group found the updates "a very comprehensive update."

After public comment and final questions, a motion to recommend approval of PLZM-24-0064 to the mayor and city council was moved and seconded and the commission voted in favor; the chair announced the motion carried.

The recommendation now goes to the mayor and city council for final consideration; the code changes would take effect only if and when the council adopts them. The commission also approved routine meeting items earlier in the session, including the minutes from the Sept. 9 meeting and cancellation of the Nov. 11 meeting in observance of Veterans Day.