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Cave Creek staff seeks clearer "hillside" rules, to allow limited driveway access through steep lots
Summary
Planning staff proposed clarifying Chapter 7 of the townhillside ordinance so land becomes subject to the rules only when qualifying slopes are disturbed; staff also proposed a limited driveway allowance and a consistent slope-measurement exhibit to reduce confusion and appeals.
Planning staff told the Cave Creek Planning Commission at a June workshop that they will amend Chapter 7 to make clear when a lot becomes subject to the town's hillside rules and to codify a limited driveway allowance for accessing buildable, flatter pads.
The zoning administrator said the key change is to state explicitly that a lot "shall adhere to" the hillside regulations when a natural undisturbed slope meeting the threshold is disturbed, rather than leaving room for varying interpretations. Staff said the change is intended to end recurring public inquiries about where to take slope measurements and when a small steep pocket makes an entire parcel "hillside."
Why it matters: the amendment would affect development review and permit requirements for lots with slopes of 15% or greater and for steeper areas identified at 50% slope. Staff emphasized the edits are clarifying, not intended to change the substantive disturbance limits in Table 7.1 of the code.
Details and limits: staff proposed three practical elements: (1) adding language that disturbance of a qualifying slope is the trigger for the ordinance; (2) creating a development-envelope-based slope exhibit that measures rise over a 100-foot run at 20-foot intervals to determine where 15% slope exists; and (3) an explicit provision allowing driveways to traverse hillside sections when the actual building area is on a flatter surface (under a 50% slope threshold), subject to design standards.
Commissioners and staff discussed possible guardrails for driveway disturbance, including a capped disturbance percentage (examples discussed in the workshop included a 5% cap of lot area, or limits measured in linear footage or square feet), town-engineer standards for surfacing and drainage, and zoning-administrator review for exceptional cases. Staff also noted design safeguards: retaining walls should be finished to match native materials, screening and switchbacks should limit visible straight slopes, and surfacing or structural standards trigger when grades exceed certain thresholds (participants cited design rules for steeper than about 12% grade).
Staff said the push for clearer language grew from long-standing staff determinations that were not written into the ordinance. "If you disturb it, it's hillside," the zoning administrator said, summarizing the planned change in the operative trigger language.
Next steps: staff will prepare a draft ordinance with clear exhibit requirements, sample slope exhibits, and disturbance cap options for the public hearing. The commission asked staff to consult legal and the town engineer on whether specific review authorities or numeric caps should be included in the code or handled by administrative standards. The workshop produced no vote; staff will return with refined language and illustrative exhibits for the public hearing.
