PLZM-24-0064 - DCA Phase 2 - Staff Report - CC20251021.docx

Case PLZM-24-0064 – Development Code Update Phase 2 
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DEVELOPMENT CODE AMENDMENT 
Report to the Mayor and City Council 
 
 
CASE NUMBER: 
PLZM-24-0064 
TITLE: 
Development Code Update – Phase 2 
MEETING DATE: 
October 21, 2025 
 
Applicant: 
City of Buckeye 
 
Request: 
Development Code Amendment (DCA) – Development Code Update 
Phase 2 
 
Public input: 
Planning and Zoning Commission recommended approval on 
September 23, 2025; one speaker spoke in support of the item 
during the Planning and Zoning Commission public hearing. One 
letter of support received (see Exhibit C). See Public Participation 
Summary for more details on public involvement process. 
 
Recommendation: 
Conduct a Public Hearing and Adopt Ordinance No. 28-25

Case PLZM-24-0064 – Development Code Update Phase 2 
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PROJECT DESCRIPTION: 
1. 
The City Code is comprised of 25 Chapters. Chapter 7 of the City Code is known as the 
Development Code. The Planning Division utilizes the standards, guidelines, and 
processes within the Development Code when reviewing new development projects.  
2. 
As with most codes, it is good practice to review the language in the Development Code 
periodically to ensure compliance with state and federal law, consistency with other City 
codes and standards, and new industry standards or terminology. Before this ongoing 
update began, the last major Development Code update occurred in 2010. 
3. 
In 2023, the City began a multi-phase, comprehensive Development Code Update with 
assistance from consultant Logan Simpson. This update has been guided by the goals of 
the Council Strategic Plan 2024-2027 and incorporates feedback from previous City 
Council work sessions with the intent of modernizing the Development Code, identifying 
opportunities for process efficiency, clarifying standards to achieve attractive, high-
quality projects, and improving customer service. 
4. 
Phase 1 of the Development Code Update, adopted on February 20, 2024 and effective 
March 21, 2024, streamlined entitlements, reorganized code sections, and modernized 
zoning district names and types to align with the rest of the Valley. 
5. 
Immediately following adoption of Phase 1, the City (with continued assistance from 
Logan Simpson) initiated Phase 2, which is comprised of the following focus areas: 
a. Uses (Article 3); 
b. Signage (formerly Section 5.11 of Article 5, now Section 5.12); 
c. Development and Design Standards (Article 5); 
d. Land Subdivision (Article 6); and 
e. Streamlining (Article 8, as well as cleanup throughout the remaining Articles and 
Appendices) 
6. 
After Phase 2 is completed, Planning staff anticipate evaluating the Development Code 
on an annual basis, to respond to emerging trends or project types, state or federal law 
changes, etc. 
PUBLIC PARTICIPATION SUMMARY: 
7. 
As with Phase 1, Phase 2 of the Development Code Update has involved feedback from a 
variety of sources, including City staff, Planning and Zoning Commission, City Council, and 
members of the public and the development community, particularly those who 
requested to join the Community Advisory Committee (CAC), a group of development 
partners, private firms, attorneys, and other interested parties who sought to be involved

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in the ongoing Development Code Update. At any time, any individual may request to be 
added to the CAC distribution list. 
8. 
On October 7, 2024, a CAC workshop was held by Planning staff and Logan Simpson to 
kick off the public involvement process and discuss the focus areas identified for Phase 2. 
Following the workshop (starting in December 2024), Planning staff periodically 
distributed draft code language to the CAC to review and provide comment. Over the 
course of nearly one year, Planning staff has engaged in email conversations and 
numerous virtual and in-person meetings to discuss proposed code language with the 
CAC. A copy of all correspondence with the CAC is maintained within the project record, 
on file with Development Services. 
9. 
Planning staff also conducted workshops with Planning and Zoning Commission on 
November 12, 2024 and City Council on January 21, 2025 and March 4, 2025. 
10. 
Most feedback received was, after careful consideration and internal and external 
discussion, incorporated into the current proposal in some manner or earmarked for a 
future amendment. 
11. 
The required legal notice was completed at least 15 days in advance of the Planning and 
Zoning Commission public hearing date and the City Council public hearing date, as 
follows. 
 
Notification Element 
Date 
Legal Notice published in the West Valley 
Arizona Republic 
 September 6, 2025 
 
12. 
The Planning and Zoning Commission conducted a public hearing and recommended 
approval of this item on September 23, 2025. During the public hearing, Kurt Jones, 
Senior Planner with Tiffany & Bosco, P.A., expressed support for the case. 
13. 
A letter of support for this item was received from Apex Clean Energy (see Exhibit C). 
 
SUMMARY OF PHASE 2 MODIFICATIONS: 
14. 
All Articles and Appendices of the Development Code have proposed modifications, to 
ensure the Phase 2 update is cohesive, stylistically consistent, and streamlined for 
improved efficiency for both internal (i.e., Planning staff) and external users (i.e., 
development customers or applicants). See Exhibits A and B for the track change version 
and clean edit version of the proposed amendments. A summary of changes to each 
Article and Appendix is provided below.

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Article 1. General Provisions 
 
15. 
Article 1 proposed modifications include: 
a. The addition of Section 1.8.A.1.a, Applications Following Pre-Application, to allow the 
option for formal entitlement applications to be reviewed under the Development 
Code in effect at the time of Pre-Application (if submitted within nine months of the 
Pre-Application meeting) instead of the Development Code in effect at the time of 
formal entitlement application submittal. This attempts to ease the burden of code 
revisions on customers who may make substantial financial investment in a project 
following a Pre-Application meeting. 
b. Movement of Planned Area Development (PAD) procedural language within Section 
1.8.2 to Section 8.6, Planned Area Developments. 
c. Clarifying edits to Section 1.9, Nonconformities. 
 
Article 2. Zoning Districts 
 
16. 
Article 2 proposed modifications include: 
a. Corrections to Table 2.1-1, Zoning Districts Established, and movement of the 
Downtown Overlay District language from the previous Section 5.12 to Article 2 
alongside the other overlay districts. 
b. Removal of the unutilized Single-Family Flex (SFF) District. Instead, modifications were 
made to the Multi-Family 1 (MF-1) District and other residential zoning districts as 
appropriate to accommodate bungalow communities and “middle housing” product 
types. 
c. Consolidation of the Community Master Plan (CMP) District and Planned Area 
Development (PAD) District language into one base zoning district, PAD, moving 
forward. Following Phase 1, the option to rezone to CMP and PAD Overlay was 
removed and replaced with a CMP and PAD base zoning district option. CMP and PAD 
are being consolidated because they function as the same zoning tool. All existing 
CMPs and PADs (overlays and base zoning districts) will remain intact and can still be 
modified by future amendments. 
 
Article 3. Use Regulations 
 
17. 
Article 3 proposed modifications include: 
a. Reorganized and modernized Table 3.1.5, Table of Allowed Uses, Section 3.2, Use-
Specific Standards, Section 3.5, Definitions of Use Categories and Specific Use Types,

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and removed the Conditional Use Permit requirement on select uses where use-
specific standards are sufficient. 
b. New “middle housing” standards (Section 3.2.1.E), consistent with a recent state law 
change (HB2721). 
c. New standards for Battery Energy Storage Systems (BESS), Section 3.2.2.A. 
i. Note: a revision was made to 3.2.2.A.2.b after the Planning and Zoning 
Commission hearing, related to separation of BESS facilities from existing or 
planned residential properties. The separation provision now requires at least 
150 feet measured from the “BESS facility” instead of “BESS property line,” to 
ensure that BESS users can provide the required separation distance on the 
same property rather than mandating the creation of a separate and 
potentially unusable parcel between a BESS facility and a residential property. 
d. Updated standards for wireless facilities (Section 3.2.2.D) in compliance with state 
and federal law. 
e. Updated standards for marijuana uses (Section 3.2.4.J), drafted as requested by City 
Council in a prior work session. 
f. New separation requirements for car washes (Section 3.2.6.A) and mini-storage 
facilities (Section 3.2.7.E), to prevent the oversaturation of these uses. 
g. Updated language on Accessory Dwelling Units (Section 3.3.4.A), in response to a 
recent state law change (HB2720). 
h. New standards for backyard fowl (Section 3.3.4.B). A single-family detached residence 
will be permitted up to six hens (no roosters) in the property’s backyard, subject to 
enclosure standards and health and safety requirements, in accordance with A.R.S. § 
9-462.12. Note that these standards do not prevent a Homeowner’s Association from 
adopting more restrictive rules regarding backyard fowl. 
i. Updated Section 3.4, Temporary Uses and Structures, to reflect current Special Event 
and Temporary Use Permit (SETUP) procedure with clarified temporary use 
requirements. 
 
Article 4. Dimensional Standards 
 
18. 
Article 4 proposed modifications include: 
a. Addition of Agricultural (AG) District standards to Table 4.1-1, Dimensional Standards 
– Rural and Residential Districts. 
b. Revised residential dimensional standards in Table 4.1-1 to accommodate a wider 
variety of housing types, including middle housing. 
c. Removal of lot coverage requirements in all districts except rural or very low-density 
residential districts, allowing setbacks to (indirectly) govern lot coverage.

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Article 5. Development and Design Standards and Guidelines 
 
19. 
Article 5 proposed modifications include: 
a. Relaxed “garage dominance” provisions (Section 5.7.3.B.3.a), as requested by the 
homebuilding community in response to the changing residential products on the 
market (smaller home styles and narrower lots). These provisions are intended to limit 
garage widths or de-emphasize garages on single family homes, so that livable areas 
of the home are more prominent. 
i. 
Note: a revision was made to Section 5.7.3.B.3.a after the Planning and Zoning 
Commission hearing. Subsection v. (previously drafted to apply to both front-
facing three-car garages and RV garages) has been separated into the following: 
1. Revised subsection v. for front-facing RV garages, with a one percent 
increase (51 percent to 52 percent) for maximum aggregate garage width 
(provided the garage and RV garage doors are separated per the standard), 
adjusted to match products already available on the housing market. 
2. New subsection vi. for front-facing three-car garages, which allows a 50 
percent standard for maximum aggregate garage width, based on products 
already available on the housing market. This standard would allow a front-
facing three-car garage option on 50-foot-wide homes or larger, helping to 
alleviate pressure for on-street parking in these areas. 
b. Additional and/or clarified design standards for middle housing (Sections 5.7.3 and 
5.7.4), bungalow (build-to-rent) communities (Section 5.7.5), traditional multi-family 
residential (Section 5.7.6), “big box” or large format retail (new Section 5.9), and 
industrial development (Section 5.10), to aim for high-quality project design and 
better guidance during plan review. 
c. Expanded landscaping (Section 5.4) and lighting (Section 5.11) standards to provide 
consistent guidance for plan review. 
d. Rewritten and reorganized signage standards (Section 5.12), including: 
i. 
Revisions for content-neutrality compliance with Reed v. Gilbert landmark court 
case, which determined that signs cannot be regulated based on their message. 
ii. 
Modernized terminology and additional graphics for user-friendliness. 
iii. 
New Table 5.12-1, Allowed Sign Types by Zoning District, that explains which 
signs are allowed in each zoning district for ease of use. 
iv. 
Expanded Comprehensive Sign Plan (CSP) process (Section 5.12.3.B) to 
encourage more creative signs and streamlined approval. A CSP allows 
developments (often commercial centers) to propose customized sign standards 
applicable only to that development.

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v. 
Expanded digital billboard allowances (Section 5.12.6.E.4) to include the future 
SR-30 corridor, once the specific alignment has been determined and right-of-
way has been acquired by the state. 
e. Additional Downtown-specific language (Section 5.13.4, Downtown Overlay District), 
as identified within the adopted Downtown Specific Area Plan, including more 
guidance on building design and character, more screening language, and additional 
use-specific requirements. 
 
Article 6. Land Subdivision 
 
20. 
Article 6 proposed modifications include: 
a. Clarified land subdivision terminology (Section 6.2), compliant with state law. 
b. Additional and/or clarified subdivision design standards (Section 6.3), including block 
lengths and lot layout and design standards. 
c. Updated financial assurances process (Section 6.4.2), tying the financial assurance to 
the release of civil permits versus the recordation of the Final Plat, which will be less 
burdensome for developers. 
 
Article 7. Review and Decision-Making Bodies 
 
21. 
Article 7 proposed modifications include: 
a. Removal of redundant language found elsewhere in City Code or procedure. 
b. Removal of Section 7.7, Hearing Officer – instead of creating a separate Hearing 
Officer position through the Development Code, the authority is being delegated to 
Planning and Zoning Commission to hear variance requests. 
 
Article 8. Review and Approval Procedures 
 
22. 
Article 8 proposed modifications include: 
a. Procedural changes in accordance with recent state law change (HB2447), requiring 
administrative approval of all Site Plans and subdivision requests. Site Plans and 
Preliminary Plats will no longer be approved by Planning and Zoning Commission, and 
subdivisions dedicating right-of-way (e.g., Final Plats, Minor Subdivisions, and Maps 
of Dedication) will no longer be approved by City Council. 
b. Clarified procedural language and the addition of approval criteria for each 
entitlement application type.

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c. New Section 8.10, Design Review, which codifies the current procedure for Residential 
and Commercial Design Reviews and clarifies the applicability of Design Review versus 
Site Plan review. 
d. Addition of Section 8.13.2, Reasonable Accommodations, allowing persons with 
disabilities to request deviations from separation requirements (as applied to group 
homes, group recovery homes, and residential assisted living facilities within Article 
3), required pursuant to A.R.S. § 9-462.09 and the Fair Housing Act. 
e. Rewritten Section 8.14, Appeals and Reconsideration or Rehearing of Decisions, to 
include more comprehensive appeals language for all entitlement and decision types, 
as well as criteria and procedural language for requests to reconsider or rehear 
decisions under the Development Code.  
 
Article 9. Enforcement 
 
23. 
Article 9 contains no substantive edits, only stylistic and streamlining edits for consistency 
with the rest of the Development Code. 
 
Article 10. Definitions 
 
24. 
Article 10 proposed modifications include: 
a. Addition of new definitions not specific to uses (use-related definitions remain within 
Article 3). 
b. Removal of definitions that do not appear elsewhere in the Development Code. 
c. Creation of new Section 10.4, Definitions of Signs, for all signage-related definitions. 
 
Appendices A, B, and C 
 
25. 
Proposed modifications to Appendices A, B, and C include: 
a. Modifications to obsolete zoning district development standards consistent with 
those proposed for Article 4 (e.g., removal of lot coverage requirements, except in 
the Rural Residential District). 
b. Minor modifications to Appendix C, Obsolete Districts Permissible Uses, and the 
addition of principal uses which previously required Zoning Administrator 
interpretation (e.g., utility facility, solar generation station, BESS, etc.). 
c. New provision in Appendix C which allows lots zoned Special Use (SU) District within 
the Downtown Overlay District (DOD) to develop with one dwelling unit per lot, 
subject to Downtown Residential (DR) District development standards.

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ANALYSIS: 
26. 
Staff finds that the proposed Development Code modifications will serve the City, the 
development community, and the general public by improving customer service, 
modernizing requirements, improving and clarifying procedural language, and modifying 
standards to achieve attractive, high-quality projects.  
27. 
Staff worked closely with the City Attorney’s Office throughout Phase 2 drafting. In 
addition, the following City of Buckeye departments and divisions have reviewed relevant 
sections (highlighted below) of Phase 2 and have found no outstanding issues: 
a. Development Services, including Planning and Civil Engineering/Survey; 
i. 
Note that Civil Engineering and/or Survey reviewed and provided feedback on 
all Articles and Appendices, particularly with respect to consistency with the 
Engineering Design Standards. 
b. Fire (proposed Battery Energy Storage Systems provisions); 
c. Police (proposed use-specific security plan requirements); and 
d. Transportation (proposed changes to Article 5, particularly Section 5.5, 
Transportation and Connectivity). 
RECOMMENDATION: 
28. 
Staff recommends the City Council conduct a public hearing and adopt Ordinance No. 28-
25, approving a Development Code Amendment modifying Articles 1 through 10 and 
Appendices A through C of the Buckeye Development Code, for the following reasons: 
a. The proposed amendment will promote the public health, safety, and general welfare;  
b. The proposed amendment is consistent with the General Plan and the stated 
purposes of this Development Code; and  
c. The proposed amendment is necessary or desirable because of changing conditions, 
new planning concepts, or other social and/or economic conditions. 
ATTACHMENTS: 
Exhibit A – Development Code Update Phase 2 Full Draft – Track Changes  
Exhibit B – Development Code Update Phase 2 Full Draft – Clean Edit 
Exhibit C – Letter of Support from Apex Clean Energy  
 
Prepared By: 
Mandy Woods, AICP, CFM, Principal Planner 
 
Reviewed By:

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Ken Galica, Planning Manager