TOWN OF CAREFREE NOTICE OF PUBLIC MEETING of the PLANNING and ZONING COMMISSION

WHEN: TUESDAY, MARCH 21, 2017

WHERE: FCF – HOLLAND COMMUNITY CENTER, QUAIL ROOM

34250 N. 60TH STREET, BUILDING B, SCOTTSDALE, AZ 85266

TIME: 5:00 p.m.

Pursuant to A.R.S. Section 38-431.02, notice is hereby given to the members of the Carefree Planning and Zoning Commission and to the public that the Commission will hold a public meeting on TUESDAY, MARCH 21, 2017 at 5:00 p.m. in the Quail Room, FCF-Holland Community Center, 34250 N. 60th Street, Building B, Scottsdale, AZ 85266. THE AGENDA FOR THE MEETING IS AS FOLLOWS: CALL TO ORDER, SILENT ROLL CALL and PLEDGE OF ALLEGIANCE.

ITEM 1. ELECTION OF VICE CHAIRMAN by the Planning and Zoning Commissioners.

ITEM 2. APPROVAL of MINUTES: meeting of OCTOBER 10, 2016.

ITEM 3. WORK SESSION – DISCUSSION: The intent of this work session is for the Planning and Zoning Commission to discuss sections of the Zoning Ordinance concerning Landscaping, and Signs for the purpose of updating the text to be current with today’s technology and recent legislation. This item is for Commission discussion only, and no action is required at this time. Members of the public in attendance who have a question or comment related to the discussion are requested to allow the Commission to discuss the topics first and then be recognized by the Chairman prior to speaking.

ITEM 4. ANNOUNCEMENTS.

ITEM 5. ADJOURNMENT. PLANNING AND ZONING COMMISSION

Planning Clerk 3/16/17

NOTE: A quorum of another public body of the Town of Carefree such as the Town Council or other committee, board, or commission created by the Town of Carefree, may be present and may participate in the public meeting noticed herein by discussing, proposing, and/or deliberating legal action to be taken by the Planning and Zoning Commission, although no legal action will be taken by such other body of the Town.

IF YOU REQUIRE SPECIAL ACCOMMODATIONS DUE TO A DISABILITY At least three (3) working days prior to the meeting date, please contact the:

Carefree Town Clerk PHONE (480) 488-3686 8 Circle FAX (480) 488-3845 PO Box 740 email: [email protected] Carefree, AZ 85377

z:\p & z\p&z agendas\2017-03-21 p&z agenda.doc MARCH 21, 2017 Page 1 of 1

TOWN OF CAREFREE MINUTES of a MEETING of the PLANNING & ZONING COMMISSION MONDAY, OCTOBER 10, 2016

Chairman Mascha opened the meeting and led the Pledge of Allegiance at 5:00 p.m. on Monday, October 10, 2016, in the Quail Room, FCF-Holland Community Center, 34250 N. 60th Street, Building B, Scottsdale, AZ 85266.

PRESENT: ABSENT: Chairman: Al Mascha Vice-Chairman: Michael Krahe Commissioners: Dan Davee Tom Cross Lyn Hitchon Scott Sperl Dick Tatlow Planning Director: Stacey Bridge-Denzak Planning Clerk: Bev Peterson

ITEM 1: APPROVAL OF MINUTES - meeting of SEPTEMBER 20, 2016. Commissioner Hitchon MOVED to APPROVE the minutes as CORRECTED. SECONDED by Commissioner Tatlow and PASSED unanimously.

ITEM #2: PUBLIC HEARING, discussion and possible action for recommendations to the Town Council regarding proposed amendments to the Town of Carefree Zoning Ordinance 10th Publication. CASE # 16-07-TA APPLICANT: TOWN OF CAREFREE 8 Sundial Circle PO Box 740 Carefree, AZ 85377

REQUEST: APPROVAL of proposed modifications to the Town of Carefree Zoning Ordinance 10th Publication. These text amendments address Senate Bill 1350 (SB1350) which restricts local cities and towns from being able to regulate or limit the use of vacation rentals or short-term rentals within municipal boundaries.

Ms. Bridge-Denzak presented the staff report, explaining that Senate Bill 1350 was signed into law on May 12, 2016. This law requires the Town to move forward in order to comply by December 31, 2016 with new legislation passed to capitalize on short- term vacation rental businesses such as Airbnb, VRBO and others. She spoke about the Governor’s “Share the Economy” program promoting short-term rentals to increase income opportunities and affordable accommodations. It provides the Department of

PLANNING & ZONING COMMISSION OCTOER 10, 2016 Page 1 of 3

Revenue with a means of collecting taxes more proficiently, which in Carefree is a Bed Tax, and distributing that money back to the localities.

Our zoning regulations concerning transient use of single-family, two-family or multi- family dwellings, condominiums, cooperatives and time-share properties currently require a minimum rental period of 30 consecutive days. In order to comply with Senate Bill 1350, the Zoning Ordinance must be amended by the end of the year to allow short- term vacation rentals. We can still regulate in regards to protecting public health, safety and welfare and to prohibit illegal or illicit uses such as adult-oriented businesses.

Ms. Bridge-Denzak presented the proposed changes to the Zoning Ordinance which, basically, reverse amendments made in 2005 preventing short-term rentals and addressing time-share uses.

In ARTICLE II. RULES AND DEFINITIONS  The wording “and used exclusively for residential occupancy” is eliminated from the definitions for multiple-family, single-family and two-family dwellings.  The sentence “Home occupation excludes the transient use of the dwelling.” is eliminated from the definition for home occupation.  The definitions for residential occupancy, timeshare and transient use are deleted.

In ARTICLE V. USES PERMITTED IN EACH ZONING DISTRICT AND ADDITIONAL REQUIREMENTS AND CLARIFICATIONS FOR USES PERMITTED IN EACH ZONING DISTRICT  The timeshare use has been deleted from Table 5.1. and any wording stating that timeshares and/or transient uses are prohibited has been eliminated.

Ms. Bridge-Denzak added that, in response to questions during a previous meeting, Homeowners Associations CC&R’s, since they are considered 3rd-party agreements, are not affected by this legislation, which applies to the government of towns, cities and counties.

Commissioner Davee asked if this bill could affect Homeowners Associations’ ability to allow or prohibit short-term rentals. Commissioner Hitchon commented that CC&R’s are a contractual agreement, not legislation. Commissioner Cross added that, as a 3rd party agreement, it is up to an HOA to structure their CC&R’s internally.

Commissioner Krahe asked about the process for the Town to receive tax revenue on short-term rentals. Ms. Bridge-Denzak explained that Airbnb, VRBO and other lodging companies will collect and pay applicable taxes to the Department of Revenue. The state then distributes the proceeds to the Town.

There were no other questions or comments from the Commission.

Chairman Mascha opened the public hearing and the following individual spoke:

PLANNING & ZONING COMMISSION OCTOER 10, 2016 Page 2 of 3

John Traynor, Carefree, wanted to know if the Town Attorney has been asked for an opinion. He was concerned about the legal ramifications of this legislation on his subdivision’s HOA and their prohibition of renting out casitas.

Ms. Bridge-Denzak reiterated that the proposed text amendments do not regulate Homeowners Associations’ CC&R’s. She added that the idea behind SB1350 is for vacation rentals to be treated the same way as any other residential property. Currently, the Zoning Ordinance restricts casitas from being rented as a separate unit.

There were no further questions or comments from the public or the Commission, so Chairman Mascha closed the public hearing and called for a motion.

Vice Chairman Krahe MOVED to RECOMMEND APPROVAL TO THE TOWN COUNCIL of Case 16-07-TA, a request for text amendments as presented in the Staff Report and also to include any revisions recommended by the Town Attorney.

The motion was SECONDED by Commissioner Cross and PASSED unanimously.

The Commission’s recommendations will be considered by the Town Council at their meeting on November 1, 2016.

Chairman Mascha introduced the next agenda item:

ITEM 3: ANNOUNCEMENTS. There were no announcements.

ITEM 4: ADJOURNMENT. There being no additional business, Commissioner Hitchon MOVED to ADJOURN. Motion SECONDED by Commissioner Tatlow and PASSED unanimously. The meeting ADJOURNED at 5:24 p.m.

PLANNING & ZONING COMMISSION

By: Al Mascha, Chairman

ATTEST:

______Bev Peterson, Planning Clerk

PLANNING & ZONING COMMISSION OCTOER 10, 2016 Page 3 of 3

STAFF REPORT – PLANNING & ZONING COMMISSION

MEETING DATE: March 21, 2017 Agenda Item #: 3

SUBJECT: Planning and Zoning Commission Work Session: Planning Department review of upcoming text amendments related to landscaping, lighting, and sign regulations.

ATTACHMENTS: . Exhibit “A”: Current Ordinance . Exhibit “B”: Landscape Guidelines . Exhibit “C”: Current Lighting Ordinance

SUMMARY: The intent of this work session is to discuss with the Planning and Zoning Commission three important sections in the Zoning Ordinance: Landscaping, Lighting and Signs. Each section is vital to Carefree’s development values and economic sustainability. While the current regulations maintain the quality of development for both residential and non-residential properties, it is necessary to update them to be current with today’s technology and recent legislation. The following is a summary of the status of each section in order to facilitate these discussions: Landscaping The Ordinance regulations for landscaping are general and apply equally to all properties, residential and nonresidential. Requirements center on salvaging protected plants and revegetation of disturbed areas. Only native vegetation is permitted in building setback areas, however, ornamental species are allowed closer to a residence/structure. Dead or decaying vegetation may be removed without a permit. What is absent from the Ordinance are requirements for nonresidential uses typically found in Zoning Ordinances throughout the Valley, such as requiring landscaping in parking areas and at pedestrian areas. The Commission should consider to what extent the Town should regulate landscaping, and if requirements should be added, clarified, or eliminated. Lighting As stated above, the Lighting section of the Zoning Ordinance dates back to its original adoption in 2004. Lighting technology today has changed the industry to include energy efficient light sources such as LEDs (Light Emitting Diodes), improved shielding and glare reduction, better sign illumination, and terminology. While the current Ordinance covers lighting standards for all Zoning districts, Town staff receives the most complaints for single- family residential lighting. While lighting regulations are important to enhance safety and minimize nuisance, they are also important with respect to encouraging quality development, both in the Town’s nonresidential and residential areas. Signs In June of 2015, the United States Supreme Court significantly changed the way cities and towns can govern signs. In 2005, Gilbert, Arizona adopted a municipal sign ordinance that regulated the manner in which signs could be displayed in public areas. The new Ordnance

P&Z Commission Mtg. 3/21/17 Page 1 of 2 imposed stricter limitations on signs advertising religious services than signs that displayed "political" or "ideological" messages. When Gilbert's code enforcement officer cited a local church for violating the Ordinance, the church filed a lawsuit in which they argued the Town's sign regulations violated its First Amendment right to the freedom of speech. The Supreme Court ruled unanimously in favor of the church and cited that their decision stemmed from regulating signs based on their content was a violation of free speech because it embodies content discrimination (Reed v. Town of Gilbert). The outcome of this decision has necessitated all Valley municipalities to review and update their sign ordinances accordingly. Reed did not overrule the line of cases drawing distinctions between commercial and noncommercial speech, so for now, sign ordinances that include provisions for commercial signage such as special regulations for “temporary business signs” are acceptable. This summary is for informational purposes so the Commission is more knowledgeable when a text amendment is proposed in the near future. Please refer to your Zoning Ordinance for this section.

Staff would like to solicit feedback for discussion and possible inclusion into drafts to be presented at a follow-up text amendment public hearing. Members from the public in attendance who have a question related to the discussion are requested to allow the Commission to discuss the topics first and then be recognized by the Chairman prior to asking their question.

PUBLIC PROCESS: The above items are for Commission discussion only, and no action is required at this time.

P&Z Commission Mtg. 3/21/17 Page 2 of 2

(7) Light illuminating a sign shall be shielded and shall not project above, below, or beyond the sign area.

(8) Landscape up-lighting shall not exceed twenty-five 25 watts per fixture and shall be no closer than twenty (20) feet to another landscape fixture. Landscape lighting is intended to highlight a landscape feature and shall not illuminate beyond the subject feature it is intending to highlight.

(9) All light fixtures lawfully erected under County zoning regulations at the effective date of incorporation, annexation, or under previous zoning regulations in effect at the time of adoption of this Ordinance, or any amendment thereof, shall be deemed legal non-conforming until such time as the is replaced.

Section 9.13 Landscaping

(1) The following provisions apply to both residential and nonresidential zoning districts.

(A) No zoning clearance or building permit shall be issued until a landscape plan has been approved by the Zoning Administrator. The Zoning Administrator may waive the requirement of a landscape plan if the project does not contain any site disturbance or is deemed to be a minor modification.

(B) With the exception of removal of packrat nests and pruning of diseased or dead tree limbs, no area on a subject lot or parcel, other than the disturbed area (development envelope) prescribed in Article VI, Section 6.01 shall be disturbed. In order to preserve the desert character and identity of the community, only native desert vegetation shall be maintained within the required yards (building setbacks). Non native plant/tree/cacti (excluding drought tolerant and/or desert hybrid) species are prohibited in the required yards. The application of pre-emergence, grubbing, thinning or trimming of vegetation shall be limited to the disturbed area. Protected plants shall not be damaged, destroyed, or removed from any portion of a lot or parcel unless deemed not salvageable on an approved landscape plan in association with a building permit. During the site development phase, salvaged protected plants shall be placed in a designated nursery and irrigated area until site work is completed. Once site work is completed and landscaping has begun, subject plants shall be transplanted within disturbed areas or alternative areas approved by the Zoning Administrator. (Ord. #2007-05)

Article IX: General Provisions IX- 12

(C) If the Zoning Administrator interprets that a portion of the required yard contains a collection of decaying plant material that is susceptible to wildfires, that portion of material which presents a detriment to public health, safety and welfare shall be removed by the property owner. Additionally, vegetation within a thirty (30) foot fire suppressant buffer consistent with the Town’s fire provider requirements may be thinned and trimmed around buildings to better secure the structure from wildfires. Protected plants shall include: (Ord. #2007-05)

1) Yucca.

2) Ocotillo.

3) All members of the cactus family with the exception of Cholla and Prickly Pear.

4) Protected trees that are four (4) inches or greater in caliper measured one (1) foot above native grade.

Table 9.1: Protected Plants (Trees and Shrubs).

Botanical Name Common Name Acacia constricta Whitethorn acacia Acacia greggii Catclaw acacia Canotia holocantha Crucifixion thorn Celtis reticulate Hackberry Cercidium floridum Blue palo verde Cercidium mycrophylum Foothills palo verde Chilopsis linearis Desert willow Olney tesota Ironwood Populus fremontii Cottonwood Prosopis species Mesquite Quercus species Scrub oak Rhus ovata Sugar sumac Vauguelinea californica Arizona rosewood (D) Protected plants shall not be damaged, destroyed, or removed from any portion of a lot or parcel unless deemed not salvageable on an approved landscape plan in association with a building permit. During the site development phase, salvaged protected plants shall be placed in a designated irrigated nursery area until site work is completed. Once site work is completed and landscaping has begun, subject plants shall be transplanted within the disturbed area or alternate areas of the lot approved by the Zoning Administrator.

Article IX: General Provisions IX- 13

(E) All lawns or turfed areas not associated with a public recreation amenity shall be completely enclosed by solid walls at least two (2) feet in height above finished grade.

(F) Landscaping within all street right-of-ways shall consist of local native desert species.

(G) All storm water retention and/or detention basins shall be landscaped with native desert and/or xeriscape plants.

(H) Landscaping shall not exceed twenty-four (24) inches in height for a linear distance of thirty (30) feet from a street intersection. This thirty (30) foot distance defines the sight visibility triangle.

(I) Highly discouraged plant species are listed in the Single-Family Design Guidelines and the Town’s Landscape Brochure.

Figure 9.6: Example of a sight visibility triangle.

(J) The property owner and/or lessee shall maintain all landscape materials and landscaped areas in accordance with an approved landscape plan. Lack of proper maintenance shall constitute a violation of this Ordinance.

(K) Notice of maintenance violations shall be given to the property owner and/or lessee by the Town not less than sixty (60) days prior to commencement of any legal action.

Article IX: General Provisions IX- 14

(L) Protected plants that are disturbed without an approved landscaped plan shall be replanted with similar size trees and/or shrubs at pre- existing densities.

(M) The property owner and/or lessee shall be held jointly and severally liable for violations.

Article IX: General Provisions IX- 15 Town of Carefree SUPPLEMENTAL INFORMATION – LANDSCAPE GUIDELINES (NOT IN ZONING ORDINANCE)

Page 1 of 6 LANDSCAPING – RECOMMENDED PLANTS

Commercial Trees: Any of the following species or subspecies of trees. Mature specimens of any added species shall have a height not generally exceeding thirty-five (35) feet and shall be appropriate to the Town's Sonoran Desert environment.

Commercial Trees-Botanical Name Common Name Acacia melanoxylon Blackwood acacia Acacia subporosa River Wattle Brahea armata Mexican blue palm Ceratonia saligna Carob Cupressus Glabra Smooth-barked Arizona cypress Eucalyptus brockwayi Dundas mahogany Eucalyptus microtheca Coolabah tree Eucalyptus nicholii Willow-leafed peppermint Eucalyptus papuana (pauciflora) Ghost gum Eucalyptus polyanthemus Silver dollar tree Eucalyptus sideroxylon v. rosea Red or pin ironbark Jacaranda mimosifolia Jacaranda Juniperus californica California juniper Juniperus monosperma One-seed juniper Magnolia grandiflora Southern magnolia Platyclaudus orientalis species Oriental arborvitae Prunus cerasefera “Hollywood" "Hollywood" flowering plum Robinia idahoensis Idaho black locust Tamarisk aphylla Tamarisk Yucca brevifolia Joshua tree

Residential Trees: Any of the following species or subspecies of trees. Mature specimens of any added species shall have a height not generally exceeding 30 feet and shall be appropriate to the Town's Sonoran Desert environment:

Residential Trees - Botanical Name Common Name Acacia constricta Mescat acacia Acacia eburnia Needle acacia Acacia saligna Willow acacia Acacia schaffneri Mexican or twisted acacia Acacia smallii Southwestern sweet acacia Acacia stenophylla Shoestrong acacia Acacia willardiana Whitebark acacia Albizia julibrissin Mimosa tree Bauhinia forticata White butterfly orchid tree Brahea edulis Guadelupe silver palm Butia capitata Pindo palm Callistemon viminalis Weeping bottlebrush tree Caragana arbrescens Siberian pea tree Casuarina stricta Drooping she oak Celtis reticulata Western hackberry

Page 2 of 6 Residential Trees - Botanical Name Common Name Cerdidium floridum Blue palo verde Cerdidium microphyllum Foothills palo verde Cerdidium praecox Sonoran palo verde Cercis chinensis Chinese redbud Cercis occidentalis Western redbud Cercocarpus betuloides Mountain ironwood, sweet brush Chamaerops humilis Mediterranean fan palm Chilopsis linearis Desert willow Citrus genus (any) Grapefruit tree, orange tree, lemon tree, etc. Cocculus laurifolius Laurel-leaf cocculus Cupressus forbesii Tecate cypress Cycas revoluta Sago palm Eleagnus angustifolia Russian olive Ensete ventricosum Abyssinian banana Eriobotrya deflexa Bronze loquat Eriobotrya japonica Loquat Eucalyptus caesia Gungurru Eucalyptus campaspe Silver-top timlet gum Eucalyptus erythrocorys Red-cap gum, illyarie Eucalyptus erythronema Red-flowered mallee Eucalyptus erythronema v. marginata White mallee Eucalyptus formanii Thin-leafed gum Eucalyptus leucoxylon v. macrocarpa Red-flowered yellow box Eucalyptus l.m. "Rosea" & "Purpurea" Large-fruited gum Eucalyptus macrandra Long-flowering marlock Eucalyptus niphophylla (gunnii) Snow gum Eucalyptus nutans Red-flowering moort Eucalyptus perriniana Round-leafed snow gum Eucalyptus platypus Round-leafed moort Eucalyptus populnea Poplar eucalyptus Eucalyptus salubria Fluted gum gimlet Eucalyptus sargentii Salt River mallee Eucalyptus spathulata Narrow-leafed gimlet Eucaluptus torquata Coral-flowered gum Feijoa sellowiana Pineapple guava Ficus carica Edible fig Ficus benjamina Weeping fig (frost tender) Fouquiera splendens Ocotillo Firmiana simplex Chinese parasol tree Fraximus dipetala Foothills ash Geijera parviflora Australian willow Hakea laurina Pincushion tree Heteromeles arbutifolia California holly Ilex altaclarensis "Wilsoni" Wilson's holly Ilex vomitoria Yaupon Juniperus chinensis "Torulosa" Hollywood juniper

Page 3 of 6 Residential Trees - Botanical Name Common Name Juniperus scopulorum "Tollisonii" Tollison's weeping juniper Juniperus monosperma One-seed juniper Juniperus osteosperma Utah juniper Langerstroemia indica Crape myrtle Laurus nobilis Grecian laurel Leucaenea retusa Golden lead ball tree Ligustrum lucidum Glossy privet tree Livistona mariae Australian livistona palm Lysiloma thornberi Fern of the Desert Melaleuka armillaris Drooping melaleuka Melaleuka cuticularis Salt-water paper bark Melaleuka decussata Lilac melaleuka Melaleuka ericifolia Heath melaleuka Melia a. "umbraculifera" Texas umbrella tree Melianthus major Honey bush Musa paradisiaca Plantain Myrtus communis Classic myrtle Myrtus "boetica" Twisted myrtle Nicotiana glauca Tree tobacco Nerium oleander "St. Agnes" White oleander tree Olea europaea "Swan Hill" or other Olive tree, fruitless fruitless varieties Olneya tesota Ironwood tree Opuntia fiscus-indica Spineless cactus Parkinsonia aculeata Mexican palo verde Phoenix loureiri (humilis) Lesser Phoenix palm Phyllostachys aurea Golden bamboo Pinus cembroides Mexican stone pine Pinus edulis Pinon pine Pinus monophylla Single-leaf pinon pine Pinus thunbergiana Japanese black pine Pistache lenticus Mastic tree Pastache vera Pistachio nut tree Pithecellobium flexicaule Texas ebony Pithecellobium mexicana Mexican ebony Pittosporum phillyraeoides Willow pittosporum Pittosporum tobira Japanese mock orange tree Platyclaudus orientalis "Aurea" or Oriental arborvitae "Elegantissima" Podicarpus macrophyllus Japanese yew pine Podicarpus macrophyllus make Shrubby yew pine Prosopis alba Argentine mesquite Prosopis chinlensis Chilean mesquite Prosopis glandulosa Deciduous honey mesquite Prosopis hybrid Deciduous South American mesquite (usually called Chilean)

Page 4 of 6 Residential Trees - Botanical Name Common Name Prosopis pubescens Screwbean mesquite Prosopis velutina Velvet mesquite Prunus carolinia Carolina laurel cherry Prunus ceracefera "Allred" Flowering plum "Atropurpurea" "Krauter Vesuvivus" (including named varieties at left) "Thundercloud" Prunus illicifolia Holly-leafed cherry Prunus persica Flowering peach Prunus persica "Bonanza" Fruiting dwarf peach Prunica granatum Pomegranate tree Pyrus Kawakami Evergreen pear Quercus hypoleucoides Silver-leafed oak Quercus oblongifolia Mexican blue oak Quercus turbinella Shrub live oak Rhamnus alaternatus Italian buckthorn Rhamnus crocea illicifolia Holly-leafed redberry Rhus lancea African sumac Rhus ovata Sugar bush Ricinus communis Castor bean tree Robinia hispanica macrophylla Pink locust Robinia neomexicana New Mexico pink locust Sabal palmetto Cabbage palm Sabal ursana Sonoran palmetto Salix babylonica Weeping willow Salix matsudana Globe, Navaho, willow Sambucus mexicana Mexican elderberry Schinus molle California pepper tree Schinus terebinthifolius Brazilian pepper tree Sophora secundiflora Texas mountain larel Tamarisk africans, parviflora, and Salt cedar chinensis Trachycarpus fortunei Windmill palm Vauquelina angustifolia Serrated Arizona rosewood Vayquelina californica Arizona rosewood Vitex agnus-cactus Chaste tree Xylosma congestum Xylosma Yucca brevifolia herberti Lesser joshua tree Yucca elata Soap tree yucca Ziziphus jujuba Chinese date tree Ziziphus obtusiflora Gray thorn

Page 5 of 6 Desert Hardy Plants: Any of the following species or subspecies of plants. Species may be added to, or deleted provided that any added species must require no artificial irrigation after establishment and shall be appropriate to the Town's Sonoran Desert environment.

Desert Hardy Plants - Botanical Name Common Name Acacia eburnia Needle acacia Caragana arbrescens Siberian pea tree Cercidium microphyllum Foothills palo verde Cercidium praecox Sonoran palo verde Fouquier splendens Ocotillo Juniperus monosperma One-seed juniper, native Lysiloma thornberi Fern of the Desert Nicotania glauca Tree tobacco Olneya tesota Ironwood tree Opuntia ficus-indica Spineless cactus (frost tender) Parkinsonia aculeata Mexican palo verde Prosopis alba Argentine mesquite Prosopis chilensis Chilean mesquite Prosopis hybrid Deciduous South American mesquite (usually called Chilean) Prosopis pubescens Screwbean mesquite Prosopis velutina Velvet mesquite Rhus ovata Sugar bush Yucca brevifolia herberti Lesser joshua tree Yucca elata Soap tree yucca Ziziphus obtusiflora Gray thorn

Protected Plants: (1) Any and all healthy and transplantable species of Yucca, Ocotillo (Fouquieria splendens), and all members of the cactus family with the exception of Cholla and Prickly Pear. (2) Indigenous trees of the following species that are four (4) inches or greater in caliper measured one (1) foot above natural grade:

Protected Plants - Botanical Name Common Name Acacia constricta Whitethorn acacia Acacia greggii Catclaw acacia Canotia holocantha Crucifixion thorn Celtis reticulata Hackberry Cercidium floridum Blue palo verde Cercidium microphylum Foothills palo verde Chilopsis linearis Desert willow Juniperous species Juniper Olneya tesota Ironwood Populus fremontii Cottonwood Prosopis species Mesquite Quercus species Scrub oak Rhus ovata Sugar sumac Vauquelinea californica Arizona rosewood

Page 6 of 6 SAGUARO SALVAGE AND TRANSPLANTING RECOMMENDED BY THE TOWN OF CAREFREE Adapted from Earth Care and the Desert Botanical

REMOVAL:

1. Dig around the saguaro 3 to 4 feet away from the base of the plant and approximately 3 feet deep. The depth depends on the size of the cactus and the site conditions. Equipment, backhoe or trencher, is recommended. 2. Strap a cradle or support on the cactus. Use sufficient padding to protect the cactus. 3. Supporting the cactus,. dig the plant free of soil by hand. Prune broken roots with a sharp saw or lopper. Leave as much sol! on and around the roots as possible. The finished root ball should be no less than 24 Inches wide by 36 Inches deep on spears and armed cactus 15 feet high or higher. The finished root ball should be no less than 20 inches wide by 20 inches deep on cactus smaller than 15 feet. 4. Remove the cactus from the ground and treat exposed roots with an agriculture antibiotic such as streptomycin and wrap them in a breathable covering such as shade cloth or burlap. This wrap should be tight enough to keep the soll in place during transportation.

TRANSPORTATION:

If relocating the saguaro a distance away from the place of salvage it may be necessary to add additional support to the cradle or rig to help support the weight of the root ball.

PLANTING:

1. Dig a hole no deeper than the length of the roots. 2. Place the cactus in the hole and begin backfilling and packing the soil as you go. Do not bury a saguaro deeper than it orlglnally grew. Place the soil line or root crown as close as possible to Its original depth in the soil. Keep the cactus as straight as possible and do not allow It to lean. · 3. The side of the cactus which was orlginalty facing south should be facing south when it is transplanted 4. Remove the cradle, correct the alignment of the cactus, make the final fill, and tamp the soil. 5. Brace or guy the cactus. Two suggested methods are as follows: a. With a wire lnside a rubber hose, create a ring large enough to fit around the cactus approximately two~thirds of the way up from the ground. Tie three guy wires to this loop and run them to three stakes in the ground, creating a tripod.

(3) The width of the disturbed area for the development of a driveway shall not exceed twenty (20) feet unless otherwise approved by the Zoning Administrator.

(4) A maximum one-third of the cross section width of a driveway at any point may be on fill material, and a minimum of two-thirds of the cross section width shall be on cut material or natural grade, unless otherwise approved by the Zoning Administrator. Spill slopes are prohibited.

(5) Driveways over one hundred fifty (150) feet in length shall be approved in writing by the Town’s fire service provider.

Section 9.12 Exterior Lighting

(1) Searchlights, exposed neon elements, mercury vapor, or high pressure sodium fixtures are prohibited.

(2) Between the hours of 10 PM and sunrise, tennis court lighting, sport court lighting, or any temporary lighting is prohibited.

(3) Motion-activated security lights (incandescent lamps with a maximum of 75 watts) that are shielded and automatically cycle off after five (5) minutes and fossil fuel fixtures are exempt from this Ordinance.

(4) All free-standing light fixtures shall not exceed a height of four and one- half (4.5) feet unless otherwise approved by the Development Review Board.

(A) In commercial zoning districts, the maximum height of parking lot lights shall not exceed sixteen (16) feet from finished grade.

(B) Parking lot lights that exceed four and one-half (4.5) feet in height shall be based on a photometric plan to ensure no light spillage occurs over the property line onto adjacent properties and that the parking lot is evenly lit.

(5) Wall mounted lighting shall not exceed a height of eight (8) feet above finished grade and shall be shielded to avoid up-lighting and concentrated hot spots (light) on the structures to which they are mounted. Security lighting may be mounted on a structure no higher than twelve (12) feet from finished grade.

(6) All outdoor light fixtures with a light source greater than 25 watts shall be fully shielded such that the bulb is not visible from neighboring property or public right-of-way. Those light fixtures exempt from this Ordinance are not required to comply with the shielding requirements. Recessed lights in exterior soffits, eaves, or ceilings shall have the light source (bulb) recessed so that it is not visible.

Article IX: General Provisions IX- 11

(7) Light illuminating a sign shall be shielded and shall not project above, below, or beyond the sign area.

(8) Landscape up-lighting shall not exceed twenty-five 25 watts per fixture and shall be no closer than twenty (20) feet to another landscape fixture. Landscape lighting is intended to highlight a landscape feature and shall not illuminate beyond the subject feature it is intending to highlight.

(9) All light fixtures lawfully erected under County zoning regulations at the effective date of incorporation, annexation, or under previous zoning regulations in effect at the time of adoption of this Ordinance, or any amendment thereof, shall be deemed legal non-conforming until such time as the light fixture is replaced.

Section 9.13 Landscaping

(1) The following provisions apply to both residential and nonresidential zoning districts.

(A) No zoning clearance or building permit shall be issued until a landscape plan has been approved by the Zoning Administrator. The Zoning Administrator may waive the requirement of a landscape plan if the project does not contain any site disturbance or is deemed to be a minor modification.

(B) With the exception of removal of packrat nests and pruning of diseased or dead tree limbs, no area on a subject lot or parcel, other than the disturbed area (development envelope) prescribed in Article VI, Section 6.01 shall be disturbed. In order to preserve the desert character and identity of the community, only native desert vegetation shall be maintained within the required yards (building setbacks). Non native plant/tree/cacti (excluding drought tolerant and/or desert hybrid) species are prohibited in the required yards. The application of pre-emergence, grubbing, thinning or trimming of vegetation shall be limited to the disturbed area. Protected plants shall not be damaged, destroyed, or removed from any portion of a lot or parcel unless deemed not salvageable on an approved landscape plan in association with a building permit. During the site development phase, salvaged protected plants shall be placed in a designated nursery and irrigated area until site work is completed. Once site work is completed and landscaping has begun, subject plants shall be transplanted within disturbed areas or alternative areas approved by the Zoning Administrator. (Ord. #2007-05)

Article IX: General Provisions IX- 12