Cave Creek planning commission recommends change to commercial open‑space rules

CAVE CREEK, Ariz. — The Cave Creek Planning Commission voted 3–2 on May 21 to recommend that the Town Council approve a zoning text amendment that would eliminate a separate "undisturbed" open‑space requirement for commercial properties and combine it with the existing "landscaped" requirement into a single consolidated open‑space standard.

Staff told the commission the change would not reduce the total amount of required open space for commercial parcels; rather, it would allow applicants greater flexibility in how they meet the existing percentages. "The proposed changes do not reduce the required amount of open space area required on our commercial property," the staff presenter said, noting the town would retain landscaping standards under Technical Design Guideline No. 4.

Under the current ordinance, staff summarized, parcels under 1 acre must provide 0% undisturbed and 25% landscaped (25% total); parcels between 1 and 2 acres must provide 15% undisturbed and 15% landscaped (30% total); and parcels of 2 acres or more must provide 20% undisturbed and 15% landscaped (35% total). The amendment would preserve those totals but allow the sum to be met as a single "open space" requirement instead of requiring separate undisturbed and landscaped allocations.

Staff used local developments to illustrate the practical concerns behind the change. On one example, a Starbucks site placed undisturbed area behind a wall where it was narrow, not visible and not maintained; another example near Cave Creek Road concentrated undisturbed area on one frontage and landscaped area on the other. The presenter said some vacant commercial parcels have already been bladed, and meeting the current undisturbed requirement can present significant development and revegetation challenges.

The proposed code would also preserve the town's Transfer of Development Rights (TDR) mechanism, staff said. Under current practice, applicants may dedicate the undisturbed percentage to a TDR — for example, 15% for 1–2 acre parcels or 20% for 2+ acre parcels — and place a conservation easement on a hillside parcel in exchange for reduced on‑site undisturbed obligations.

During questions commissioners asked whether undisturbed areas must be contiguous or could be split; staff said undisturbed areas may be divided into separate patches and emphasized that retention basins and other grade‑altering stormwater measures are allowed within landscaped areas but generally not within permanently undisturbed natural‑grade areas. Staff also warned that water limitations in town code (a half‑acre‑foot per year threshold for certain landscape meters) constrain how much irrigated landscaping a parcel without existing water rights can support.

Several commissioners expressed mixed views. Some said consolidating open space would make development of small commercial lots more feasible and reduce costs; others warned it could eliminate permanent undisturbed habitat and result in large areas of gravel or sparse plantings that are less valuable for wildlife. "So you're basically doing away with the animal habitat possible," one commissioner said during the debate, expressing concern about losing permanent natural areas; staff responded that the amendment preserves overall open‑space totals and the TDR option as a conservation path.

The commission opened a public hearing on the amendment and received no in‑person comments. On a motion to recommend approval of Case A‑26‑02, the commission voted in favor by roll call: Vice Chair Miller voted No, Commissioner Wedge Yes, Commissioner Nison Yes, Commissioner Spitzer No, producing a 3–2 recommendation in favor to forward the amendment to the Town Council for final action.

If the Town Council approves the amendment the change would apply across the town's commercial zones and to any redevelopment of qualifying parcels; it would not alter the percentage totals now required but would permit applicants to meet the total with landscaped area rather than reserving a separate undisturbed portion. The Town Council will consider the planning commission's recommendation at a future meeting.