### May 6,2008 /--



### Diane Arnst, Planning Section Manager ADEQ Air Quality Division 1 110W. Washington Street Phoenix, AZ 

### 85007 Planning& 

### O?velopment Services

7437 

### E.tqdisn Schgci Road, Sl;iie 1C5 Scgf:sdale.

### AZ 85251



### SUBJECT: City of Scottsdale Adopted Municipal Ordinances
Dear Ms. Arnst:
On March 18,2008,the Scottsdale City Council approved adoption of Ordinance No.'s, 3775,3776 and 3777, amending Chapters 18,19and 46 ofthe City Code and Ordinance No. 3774, amending Articles 

### VII and 

### IX ofthe Zoning Ordinance regarding implementation ofprovisions in Senate Bill 1552 (Arizona Laws 2007, Chapter 292). Subsequent amendments were adopted by the Scottsdale City Council, OrdinanceNo.'s, 3789 and 3790, on April 15,2008. The new City of Scottsdale code and zoning ordinance amendments passed in regards to the implementation ofprovisions in Senate Bill 1552 and Maricopa County's air pollution control regulation 3 10.0 1 are:

J 

### Section 1,amending A.R.S. 

## 5 9-500.04.5 Ban leaf blower debris in public roadways 

### *3 Adoption of Ordinance No. 3775 

# > Restrictions onblowing landscape waste into public roadways. 

# > Enforcement began onApril 18,2008

J 

### Section 1,amending A.R.S. 

## 5 9-500.04.6 Adopt codes requiring dustproof paving or stabilization at parking, maneuvering, ingress and egress areas at developments or other than residential buildings with 4 or fewer units *:* 

### Adoption ofOrdinance No. 3777 

# > Requires stabilization methods for parking, maneuvering, ingress and egress areas on all commercial, industrial and multi-family residential uses with more that four units. 

# > Effective date: October 1,2008 

### *3 Adoption of Ordinance No. 3774 3 

### Requires areas used for parking, maneuvering, ingress and egress to be improved with a dust free surface.

### 3 Applies to all industrial, commercialand non-commercial uses and residential uses with five or inore units. 

### 3 Effective date for the improvement standards: October 1,2008 

# * Currently a Referendum Petition has been submitted on this Ordinance.

J 

### Section 1,amending A.R.S. 

## 5 9-500.04.7 Adopt codes requiring paving or stabilization of parking, maneuvering, ingress and egress areas 3,000 square feet or larger at residential buildings with 4 or fewer units *:* 

### Adoption of OrdinanceNo. 3777 

# > Requires stabilization methods for areas in excess of 3,000 square feet used for parking, maneuvering, ingress and egress on residential uses. 

# > Effective date: October 1,2009 *:* 

### Adoption of OrdinanceNo. 3774 

# > Requires areas used for parking, maneuvering, ingress and egress to be improved with a dust free surface. 

### 3 Applies to residential uses with a total area ofthree thousand (3,000) square feet or greater devotedto parking, maneuvering, ingress and egress. 

# > Effective date for the improvement standards: October 1,2009 

## * Currently a Referendum Petition has been submitted on this Ordinance. *:* 

### Adoption of OrdinanceNo. 3789 

# > Amendment to OrdinanceNo. 3775. 

# > Excludes livestock activity areas and residentially-zoned property connecting to an unpaved street as its sole access from being dust free surfaces. 

### 3 Effective dateremains October 1, 2009 *:* 

### Adoption of OrdinanceNo. 3790 

# > Amendment to Ordinance No. 3777 

### 3 Exclusions for livestock activity areas and properties connecting to an unpaved street as its sole access. 

# > Effective date remains October 1, 2009

J 

### Section 1, amendingA.R.S. 

## 5 9-500.04.8 Adopt codes restricting vehicle parking and use on unpaved or unstabilized lots *:* 

### Adoption of OrdinanceNo. 3775 

# > Requires treatment to prevent future use (operating and/or parking) of any motor vehicle, motorcycle, mini-bike, trailbike, dune buggy, motor scooter, jeep, or other form of transportation or recreational vehicle propelled by an internal combustion engine on vacant lot. 

# > Enforcement began April 18,2008J 

### Section 1, amending A.R.S. 

## 5 9-500.27 Adopt an ordinance banning operation of any vehicle including off-highway vehicles, all-terrain vehicles, and off-road recreational motor vehicles -

### from operation on unpaved public orprivate roads closed by the landownerby rule or regulation or by proper posting, excepting vehicles used inthe normal course ofbusiness or government operations. *:* 

### Adoption of OrdinanceNo. 3776 

### 3 Limits operation of off-road vehicles and specifies penalties. 3 

### Enforcement began on April 18,2008.
At this time a Scottsdale citizen group has submitted a Referendum Petition referring to Zoning Text Amendment Ordinance No. 3774. Maricopa County is in the process of evaluating the petition signatures. We will provide an update on the Referendum Petition as soon as we receive a notice ofthe results. Please feel free to call Victor Valliere, Acting Director of the Office of Environmental Initiatives at 480-3 12-2649ifyou have any further questions. Sincerely, 

# r---

-- ----



### Manager ~evelo~ment Services
Attached: Marked Agenda City Council Meeting March 18,2008 Ordinance No. 3774 OrdinanceNo. 3775 OrdinanceIVo. 3776 OrdinanceNo. 3777 Marked Agenda City Council Meeting April 15,2008 Ordinance No. 3789 OrdinanceNo. 3790
CC: John Little, Acting City Manager Victor Valliere, Acting Director, Office ofEnvironmental Initiatives, - t- ' :i7

### - 11. ' 1

## - ,,r -, 

# SCOTTSDALE
-1' ; -TI,., l-IJ.( 

# CITYCOUNCIL MEETING 03 !:rv 

# - [,-I; 

## ;: 

# ***AMENDED***MEETING NOTICE AND

# AGENDA IADDE~ COH~ENTAGENM ITEM 

### NOS. 24A~HD246; REMOVED CONSENT AGENDA ITEM NO.15AND

### MAYOR AND

### Counc~r ITEM 

### No.281
Couwclr Mary Manross, IWayor Betty Drake RobertW. Littlefield Wayne Ecton Ron McCullagh W.J. "Jim" Lane Tony Nelssen 

### Tuesday, 

### March 18,2008

5:00 P.M. CITY COUNCIL MEETING
Call to Order 

### -City Hall Kiva Forum, 3939 N. Drinkwater Boulevard

## - 5:20 

### PM Roll Call

## -ALL PRESENT Pledge ofAllegiance 

## -CHARLES SCHREIBMAN, BOY SCOUT TROOP NO. 30 Invocation 

### -CHARLES CHREIBMAN, BOY SCOUT TROOP NO.30
Presentations/Information Updates Approval ofMinutes 

## - OK 

### -AS AMENDED

### -710 

### REGULAR MEETINGS SPECIAL MEETINGS EXECUTIVE SESSIONS February 19,

### 2008 Febr~tarv 26. 

### 2008 August 29,2006 September 12,2006 September 19,2006 November 27,2006 December 11.2006

Public Comment

## - DARLENE PETERSON EXPRESSED CONCERN ABOUT BEING HARASSED WHILE GATHERING REFERENDUM PETITION SIGNATURES;JOHN WASHINGTON INTRODUCED A VIDEO AND SPOKE TO INCIDENTS OF HARASSMENT REGARDING REFERENDUM PETITION SIGNATURE EFFORTS; BERNARD KESSLER EXPRESSED CONCERN ABOUT BEING DENIED THE RIGHT TO SOLICIT FUNDS FOR ANIMAL AND HOMELESS SHELTERS; TOMGILLER SAID THE COUNCIL SHOULD PROTECT INTERESTS OF CITIZENS, NOT DEVELOPERS. 

### Citizens may complete one Request to Speak "Public Comment" card per night and submit it to the City Clerk before or duringthis evening's meeting. Please check the box that refers to "Public Comment." This "Public Comment" time is reserved for citizen comments regarding non-agendized items. No official Council action can be taken on these items. Speakers are limited to three minutes to address the Council during "Public Comment" time.

PERSONS WITH A DISABILITY MAY REQUEST A REASONABLE ACCOMMODATION BY CONTACTING THE CITY CLERK'S OFFICEAT (480-312-2412). REQUESTS SHOULD BEMADE24 HOURS IN ADVANCE, OR AS EARLY AS POSSIBLE TOALLOW TIME TO ARRANGE ACCOMMODATION. FOR TTY USERS, THEARIZONA RELAY SERVICE (1-800-367-8939)MAY CONTACT THE CITY CLERK'S OFFICE (480-312-2412).

### ITEMS

## 25-27 Tuesday, March 18,2008 Page 10 of 

### 12
How the Regular Agenda Works: The Council takes a separate action on each item onthe Regular Agenda. If you wish to address the Council regarding any or all ofthe items on the Regular Agenda, please complete a Comment Card for each topic you wish to address and submit it to the City Clerk. Speakers will be given at least three minutes to speak per item. Additional time 

### mavbe granted to speakers representingtwo or more persons. Cards for designated speakers and the persons they represent must be submitted together. Comment cards must be submitted before public testimony has begun on any regular agenda or public hearing item. 25. 

### Dust Control Text Amendment (1 

### -TA-2008) MOTION TO APPROVE 1-TA-2008, OPTION B, EXCLUDING SECTION 9.106, TO ALLOW FURTHER INVESTIGATION OF THE IMPACT TO RESIDENTIAL PROPERTIESWlTH UNPAVED DRIVING OR PARKING AREAS OF 3,000 SQUARE FEET OR GREATER


### - FAILED -314 (MM,WE, BD, RM)

MOTION TO APPROVE 1-TA-2008, OPTION B, AND INSTRUCT STAFF TO CONTINUE WORKING WlTH AFFECTED PRIVATE PROPERTY OWNERS, SPECIFICALLY EQUESTRIAN USERS, AS WELL AS WORKING WlTH MARICOPA COUNTY OFFICIALS REGARDING LESS ONEROUS PROVlSiONS FOR ENFORCEMENT OF REGULATIONS; AND PROVIDEAN ESTIMATION OF COSTS AND OPTIONS TO THE COUNCIL 

### -OK 

### - 512 (JL,TN) Requests: 1. Approve text amendments to City Zoning OrdinanceNo. 455, Article VII, General Provisions. Section 7.200.1., Designated parking in front yard; Article IX, Parking and Loading Requirements., Section 9.104.F, Parking Master Plan, Section 9.106, Design standards for public and private on-site parking areas, and Section 9.200, Off-street loading with the purpose ofregulating the surface material of parking, maneuvering, ingress, and egress areas. 2. Adopt Ordinance No. 3774 affirming the text amendment. Related Policies, References: Zoning Ordinance City Code, Chapters 18, 19, and 46 Staff Contact(s): Frank Gray, Planning and Development Services General Manager, 480-3 12-2890, fcrav~2scortsdaleaz~; Lusia Galav, Current Planning Director, 480-3 12-2506,leala~~il;scottsdaleaz.irov
26. 

### Dust Control Code Amendments 

## - MOTION TO APPROVE OPTION B

## -OK 

## - 710 Requests: 1. Adopt Ordinance No. 3775 amending Chapter 18ofthe Scottsdale Revised Code, Public Nuisance and Property Maintenance, by amending Section 18-2, Definitions, and Section 18-1 1,Preservation ofrural residential lifestyle; and adding Section 18-9.1, Blowing landscape waste, and Section 18-9.2, Treatment of vacant lots. 2. Adopt Ordinance No. 3776 amending Chapter 19ofthe Scottsdale Revised Code, Offenses - Miscellaneous, by amending Section 19-14. Operation of vehicles on private property, and adding Section 19-14.1, Operation ofvehicles onproperty -penalties. 3. Adopt OrdinanceNo. 3777 amendingChapter 46 ofthe Scottsdale Revised Code, Planning, Development and Fees, by amending Section 46-1 6, Scope, and Section 46-17, Surfacingand Drainage; and by deleting Section 46-1 8. Dust Control. Related Policies, References: Resolution No. 4752, dated March 31, 1997, implementing six action items in a region-wide communication plan. Resolution No. 4864, dated August 4, 1997 implementing 21 measures related to particulate and carbon monoxide air pollution. Resolution No. 4942, dated December 1, 1997, implementing 13measures related toparticulate pollution from unpaved roads, shoulders, access points, parking lots, vacant lots, and weed abatement activities. Resolution No. 5 100,dated December 1, 1998, implementing six measures related to particulate dust control. 

### (Item No. 

### 26 continued on next page)

### Tuesday, March 18,2008 Page 

### 11 of 12

(Item No. 

### 26 continued from previous page) 

### Resolution No. 6588, dated December 6, 2004, implementing one measure related to reducing reentrained dust emissions from targeted paved roads in Scottsdale and a protocol for implementing the measure. Ordinance No. 3095, adopted December 1, 1997,Building Code amendment on residential

- 

### fireplaces. Resolution No. 7280, dated July 9,2007,related to MAG Five Percent Plan commitments from the City of Scottsdale to take specific actions to reduce airpollution from particulate dust (PM-10). Senate Bill 1552, passed in June 2007. Staff Contact(s): 

### Frank Gray, Planning and Development Services General Manager, 480-3 12-2890, f~~-ay'iisc~~ttsdalea~.go~ 

### ;

### Raun Keagy, Citizen and Neighborhood Resources Interim General Manager, 480-3 12-2373,rkea! /L; scoltscla.cctr.gciv 1 -, - 

### Water Service Options for Citv of Scottsdale Arizona American Water Companv Customers 

## - MOTIONTO EXPANDTHE EXISTING STUDY TO INCLUDE DETAILED ENGINERING EVALUATIONS, FINANCING AND REPAYMENT ALTERNATIVES, APPRAISAL OF ASSETS NECESSARY TO DETERMINETHE FEASlBlLlTY OFADDING APPROXIMATELY 2,600 SCOTTSDALE BUSINESSES AND HOUSEHOLDS WHICH ARE CURRENTLY ARIZONA AMERICAN CUSTOMERS TO THE SCOTTSDALE WATER SYSTEM

## -OK 

### - 710 

### Request: 

### Discuss options and receive Council direction for action regarding water service for Scottsdale residents currently served by the Arizona American Water Company. Staff Contact(s): 

### Marshall Brown, Water Resources General Manager, 480-3 12-5683, mbro\sn~scottsdaleaz.gov;
- - 

### Roger Klingler, Assistant City Manager, 480-3 12-5830, ~~kIinr!Ier'~scottsdaIeaz.~ov



# MayorandCouncilItembeginsonthefollowinguageOrdinance No. 3774 Page 1 of 5

. . #:. 

### ;/; ! , ., . -.

L' .-.

.,., ,:.-;I : * ) j ?.' i 

### ::/:,,.,,.

, .: 

### j3;{ OPTION B

### -WITH DELAYED ENFORCEMENT 

## 08 ',:.:,! 

### k?: :! 

### +.,q ORDINANCE NO. 3774 . 

## ; ! 

# ..!/c: /I AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AMENDING ORDINANCE NO. 455, THE ZONING ORDINANCE OF THE CITY OF SCOTTSDALE, BY AMENDING ARTICLE VII, GENERAL PROVISIONS (SEC1-ION '7.200, ADDITIONAL AREA REGULATIONS), AND ARTICLE IX, PARKING AND LOADING REQUIREMENTS, (SEC'l7ON 9.104, PROGRAMS AND INCENTIVES TO REDUCE PARKING REQUIREMENTS; SECTION 9.106, DESIGN STANDARDS FOR PUBLICAND PRIVATE ON-SITE PARKINGAREAS; AND SECTION 9.201, GENERAL REGULATIONS) FOR THE PURPOSE OF STABILIZING CERTAIN PARKING, MANEUVERING, INGRESS AND EGRESS AREAS FOR DUST CONTROL, IN COMPLIANCE WITH STATE LAW. WHEREAS, the Council of the City of Scottsdale wishes to amend certain provisions in the Zoning Ordinance to stabilize certain parking, maneuvering, ingress and egress areas for dust control, in compliance with state law, and amend certain other provisions to promote internal consistency, and WHEREAS, the Planning Commission held a public hearing on February 27, 2008 and considered the amendments, and WHEREAS, the City Council held 

### a public hearing on March 18, 2008, and considered the amendments; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, Arizona, that the Zoning Ordinance be amended as follows: Section 1



### . Subsection 7.200.1, Additional area regulations, 

### Designated parking in front yards, is amendedto read as follows: Sec. 7.200. Additionalarea regulations.


### I. Designatedparking in frontyards. This section shall apply only to single-family detached homes in residential districts. 1. The total aggregate parking andlor driveway area shall be the lesser of thirty-five percent (35%) of the front yard area or thirty (30) linear feet of the lot frontage. 2. No vehicle shall be occupied for permanent living purposes while stored at a residence. 3. Any vehicle parked in a front yard must be parked: a. At least one (1)foot from any existing sidewalk that runs parallel to a public or privatestreet; b. At least three (3) feet from the street curb if there is no sidewalk along the street frontage; and c. At least one (1)foot from the side lot line located within the front yard area. 4. General standardsfor designated parking areas: a. All areas designated as parking or driveway shall beOrdinance No. 3774 Page 2 of 5

COMPLETELY jOR SEALED AGGREGATE PAVEMENT; 

### (2) THREE 

### (3) INCHES DEEP CRUSHED ROCK COMPLETELY CONTAINED INA PERMANENT BORDER; OR 

### (3) ANOTHER STABILIZATION MATERIAL APPROVED BY MARICOPACOLINTY. b. All areas designatedas parking or driveway shall be completely contained within a permanent border. c. Dust free surface does not include areas of grass, lawn, compacted or hard packed dirt. 

### 5. The provisionsof this subsection I, shall apply to the parkingof all vehicles and shall take precedence over the nonconforming use provisionsof Section 1.1300 et. seq. of the Zoning Ordinanceof the City of Scottsdale.
Section 2. Subsection 9.104.F.6, Programs and incentives to reduce parking requirements, Parking master plan, Performance standards, is amendedto read as follows:
Sec. 9.104. Programs and incentives to reduce parking requirements. F. Parking masterplan. 6. Performance standards. Parking shall comply with the requirementsof the zoning ordinance as amended except where application of the following criteria can show that a modificationof the standards is warranted. This shall be determined by the City Manageror designee pending his or her review of the materials described in subsection 

### 5. above. a. The parking master plan shall provide sufficient number and types of spaces to serve the uses identified on the site. b. Adequate provisions shall be madefor the safety of all parkingfacility users, including motorists, bicyclists and pedestrians. c. Parking master plans shall be designedto minimize or alleviate traffic problems. d. Parkingspaces shall be located nearthe uses they are intendedto serve. e. Adequate on-site parking shall be provided during each phase of development of the district. f. The plan shall provide opportunities for shared parkingor for other reductionsintrip generation through the adoption of transportation demand management (TDM) techniques to reduce trip generation, such as car pools,van pools, bicycles, employer transit subsidies, compressed work hours, and high occupancyvehicle (HOV) parking preference. g. Surfacing of the lot shall be dust-proof, as provided by Section 9.106.C.1.&2. h. The parking master planshall attempt to reduce environmental problems and to further the city's compliance with the federal CleanAir Act amendmentsof 1990through appropriate site planning techniques, such as but not limited to reduced impervious surfaces and pedestrian connections. I. Compliance with the federal CleanAir Act amendmentsof 1990 shall be considered. j. Reductions in the number of parking spaces should be related to significantfactors such as, but not limited to: (1) Shared parking opportunities; (2) Hours of operation;Ordinance No.3774 Page 3 of 5

(3) The availability and incorporation of transit servicesand facilities; (4) Opportunitiesfor reducedtrip generation.Through pedestrian circulation between mixed-uses (as defined in article Ill, definitions); (5) Off-site trafic'mitigation measures; 

### (6) Recognized variations in standards due to the scale of the facilities; 

### (7) Parking demandfor a specified use; and 

### (8) The provisions of accessible parking spaces beyond those required per Section 9.105. k. Reductions in the number of parking spaces for neighborhood-oriented uses may be granted at a rate of one (I)spacefor every existing or planned residentialunit located within two 

### (2) blocks of the proposed use, and one-half 

### (0.5) space for every existingor planned residential unit located within four (4) blocks of the proposed use. Section 

### 3. Subsection 9.106.C.1, Design standardsfor public and private on-site parking areas, 

### Design andimprovement standards, Vehicular,is amendedto read as follows: Sec. 9.106. Design standards for public and private on-site INGRESS, EGRESS, MANEUVERINGAND parkingareas. 

### C. Design and improvement standards. 1. 

### Vehicular. A. I ?K P4 n4 D4 7 r)4 F D3 D FOR RESIDENTIAL USES, WlTH A TOTAL AREA OF THREE THOUSAND (3,000) SQUARE FEET OR GREATER, SHALL BE IMPROVED IN COMPLIANCEWlTH THE DESIGN STANDARDS AND POLICIES MANUALAND THEREAFTER MAINTAINED BY SURFACING, TO PREVENT EMANATION OF DUST, WlTH (1) CONCRETE, ASPHALT, CEMENT OR SEALEDAGGREGATE PAVEMENT; (2) THREE (3) INCHES DEEP CRUSHED ROCK COMPLETELY CONTAINED INA PERMANENT BORDER; OR 

### (3) ANOTHER STABILIZATION MATERIALAPPROVED BY MARICOPA COUNTY.


### aB. NON-RESIDENTIAL USESAND RESIDENTIAL USES WlTH MORE THANFOUR (4) UNITS: PARKING, MANEUVERING, INGRESS AND EGRESSAREAS FOR (1) INDUSTRIAL, COMMERCIAL, AND NONRESIDENTIAL USES, AND (2) RESIDENTIAL USESWlTH MORE THAN FOUR UNITS SHALL BE.IMPROVEDINCOMPLIANCEWlTH THE DESIGN STANDARDS AND POLICIES MANUALAND THEREAFTER MAINTAINED.WITHREGARDTO: (1) Grading and drainage. 

### G3m

@URFACING, TO PREVENTOrdinance No. 3774 Page 4 of 5

EMANATIONOF DUST, WITH 

### (1) CONCRETE, ASPHALT, CEMENT OR SEALED AGGREGATE PAVEMENT; (2) 'THREE (3) INCHES DEEP CRUSHED ROCK COMPLETELY CONTAINED INA PERMANENT BORDER; OR (3) ANOTHER STABILIZATION MATERIALAPPROVED BY MARICOPA COUNTY. (32) Parking stall layout and markings. (43) Protective pipes at driveway entrances. 

### (54) Curbs, barriers and wheel stops. This requirement shall not apply within the taxilane safety area as defined in Chapter 5 of the Scottsdale Revised Code. (65) Directional signs. aC. NON-RESIDENTIALUSESAND RESIDENTIAL USESW/TH MORETHAN FOUR (4) UNITS: PARKING AREAS FOR (1) INDUSTRIAL, COMMERCIAL, AND NONRESIDENTIAL USES, AND (2) RESIDENTIAL USESWlTH MORETHAN FOUR (4) UNITS SHALL MEETTHE FOLLOWINGSTANDARDS: k(1)The parking lot shall be designed so that vehicles exitingtherefrom will not be required to back out across any sidewalk or street. ~(2) All requiredon-site parking spaces shallopen directly upon an aisle or driveway.' All on-site parkingfacilities shall be provided with appropriate means of vehicular access to a public street. &(3) All parking lots shall be illuminated in accordance with Section 7.600. outdoor lighting, or as determined by the Development Review Board. 44)Illumination of an on-site parkirrgarea shall be arranged so as notto reflect direct rays of light into adjacent residential districts and streets. In no case shall such lightingcause more than one (1) footcandle of light to fall on adjacent properties as measured horizontallyat the lot line. Shields shall be usedwhere necessaryto prevent exposure of adjacent properties. f: (5) Any wall, fence or landscaping provided shall be adequately protectedfrom damage by vehicles using the parking lot and shall be properly maintained and kept ingood repair at all times.
D. THE EFFECTIVE DATES FORTHE IMPROVEMENTSTANDARDS REGARDING SURFACING SET FORTH INTHIS SECTION SHALL BE: (1) OCTOBER 1,2008 FOR PARKING, MANEUVERING, INGRESSAND EGRESS AREAS FOR INDUSTRIAL, COMMERCIAL, AND NON-RESIDENTIALUSES, AND RESIDENTIALUSESWlTH MORE THAN FOUR UNITS; AND 

### (2) OCTOBER 1,2009 FOR PARKING, MANEUVERING, INGRESSAND EGRESS AREAS, FOR RESIDENTIAL USES, WlTH A TOTAL AREA OFTHREE THOUSAND (3,000) SQUARE FEET OR GREATER.Ordinance No. 3774 Page 5 of 5

Section4. Subsection 9.201, General regulations, is amended to read as follows: Sec. 9.201. General regulations.
All buildings hereafter erected or established shall have and maintain loading space(s) as determined by Development Review BOARD approval as outlined inarticle I, section 1.900 hereof and subject to conditions herein. A. No part of an alley or street shall be usedfor loading excepting areas designated by the city. 

### B. No loading space that is provided in an approved development review shall hereafter be eliminated, reduced or converted, unless equivalent facilities are provided elsewhere. C. All loadingspace shall be surfaced and maintained subjectto the standards of SECTION 9.106.C.1. PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this ~8'~ day of March, 2008.

CITY OF SCOTSDALE,an Arizona municipal corporation

By: By:



# -
- Mayor

By:City AttorneyOrdinance No. 

### 3775 Page 1 

### of 3 

### ,r '- ,,it !;:

. ,. 7. ,:
,, 

# - l.:,.. / ;

# -.,.-:., OPTION B 

# - DELAYED ENFORCEMENT :.., /

. .,, t : .. . 

## 08

# 4: :, .J; ; ,:-. ORDINANCE NO. 3775 -,7 

### L%il;/4 LJ 

## 4/f ,!,?, AN ORDINANCE OF 'THE COUNCIL OF THE CITY OF SCOTTSDALE, 

## -.

# 20 MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 18, PUBLIC NUISANCE AND PROPERTY IVIAINTENANCE, BY AMENDING SECTION 18-2, DEFINITIONS; SECTION 18-11, PRESERVATION OF RURAL RESIDENTIAL LIFESTYLE; AND ADDING SEC-TION 18-9.1, BLOWING LANDSCAPE WASTE AND SECTION 18-9.2, TREATMENT OF VACANT LOTS, 

### FOR THE PURPOSES OF LlMlTlNG BLOWING LANDSCAPE WASTE, STABILIZING CERTAIN PARKING AND MANEUVERING AREAS AND MINIMIZING DUST FROM VACANT LOTS SUBJECT TO ILLEGAL VEHICLE USE, ALL IN COMPLIANCE WITH STATE LAW. WHEREAS, the Council of the City of Scottsdale wishes to amend Chapter 18, Public Nuisance and Property Maintenance, to comply with newly revised state law addressing dust control by adding and amending certain definitions; revising the exclusions for preserving rural residential lifestyle; limiting leaf blower use; and minimizing access to vacant lots subject to illegalvehicle use; and WHEREAS, the City Council held a hearing on March 18, 2008 and considered the amendments; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, Arizona, that Chapter 18, Public Nuisance and Property Maintenance, be amended as follows: Section 1. Section 18-2, Definitions, is amended to change the definition of dust free surfaceto read asfollows: (10) Dust free surface means an area completely covered by (1) concrete, asphalt, cement or sealed aggregate pavement;

### e&y (2) three 

### (3) inches deep crushed rock completely contained in a permanent border; OR 

### (3) ANOTHER STABILIZATION MATERIALAPPROVED BY THE CITY. Dust free surface does not include areas of grass, lawn, compacted dirt or hard-packed dirt. Section 2. Section 18-2, Definitions, is amended to add the following definitions in alphabetical order, and to renumberthe remaining definitions as appropriate: LANDSCAPE WASTE MEANS ANY DIRT, DUST, SAND, STONES, EXCAVATION MATERIAL, LEAVES, LANDSCAPE CLIPPINGS, SEVERED PLANT GROWTH OR ANY OTHER MATERIAL RESULTING FROM LANDSCAPE INSTALLATIONOR MAINTENANCE.


### LEAF BLOWER MEANS ANY DEVICE THAT GENERATES A STREAM OF AIR THAT IS DESIGNED OR USED TO MOVE LANDSCAPE WASTE OR LIlTER. PUBLIC ROADWAY MEANS THAT PART OF THE STREET USED OR INTENDED FOR USE BY THE GENERAL PLIBI-IC FOR MOTOR VEHICLES. VACANT LOT MEANS LAND THAT HAS BEEN OR HAS NOT BEEN DISTURBED AND/OR WAS PREVIOUSLY DEVELOPED, AND MAY CONTAIN STRUCTLIRES BUT DOES NOT CONTAIN BUILDINGS.Ordinance No. 3775 Page 2 of 3

Section 3. Section 18-9.1, Blowing landscapewaste, is added to read as follows: SEC. 18-9.1. BLOWING LANDSCAPEWASTE. NO PERSON SHALL USE A LEAF BLOWER TO BLOW LANDSCAPE WASTE INTO THE PUBLIC ROADWAY. Section4. Section 18-9.2, Treatment of vacant lots, is addedto read as follows: SEC. 18-9.2. TREATMENT OF VACANT LOTS. THE OWNER OF A VACANT LOT THAT HAS BEEN SUBJECT TO USE (OPERATING AND/OR PARKING) BY ANY MOTOR VEHICLE, MOTORCYCLE, MINI-BIKE, TRAILBIKE, DUNE BUGGY, MOTOR SCOOTER, JEEP OR OTHER FORM OF TRANSPORTATION OR RECREATIONAL VEHICLE PROPELLED BY AN INTERNAL COMBUSTION ENGINE, SHALL TAKE MEASURES TO PREVENT FUTURE USE (OPERATINGAND/OR PARKING) ON THE VACANT LOT. THE MEASURES MAY INCLUDE ERECTINGA FENCE, CONSTRUCTING A DITCH AND BERM, AND/OR PLACING FOUR (4) FOOT HIGH POSTS AT FOUR (4) FOOT INTERVALS. ANY MEASURES UNDER THIS SECTION SHALL BETAKEN ONLY IN CONFORMANCE WITH REQUIRED PERMITS. Section 

### 5. Section 18-11, Preservation of rural residential lifestyle, is amended to read as follows: Sec. 18-1 1. Preservation of rural residential lifestyle. (a) The purpose of this section is to recognize that presewation of the western rural residential lifestyle in limited areas of the city promotesthe health, safety, aesthetic and general welfare of the citizens of the city. 

### (b) 'THE property maintenance standards that require the owner andlor occupant of land to park or store a vehicle or watercraft only on a dust free surface set forth in subsection 18-7(b) shall not apply to rural residential lifestyle land, EXCEPT: (1) A CONDITIONTHAT ISA PUBLIC NUISANCE AS SET FORTH IN SECTION 18-5 IS PROHIBITED, OR (2) SURFACES FOR INGRESS, EGRESS, PARKING AND MANEUVERING THAT ARE GREATER THAN THREE THOUSAND (3000) SQUARE FEET MUST BE DUST FREE SURFACES.Ordinance No. 3775 Page 3 of 3



### (C) THE EFFECTIVE DATE FOR SllRFAClNG INGRESS, EGRESS, PARKINGAND MANEUVERING. AREAS GREATER THAN THREE THOUSAND (3000) SQUARE FEET IS OCTOBER 1,2009. PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this 18'~ day of March, 2008.

ATTEST: CITY OF SCOTTSDALE, an Arizona municipal corporation

Mary Manrosy Mayor

APPROVEDAS TO FORM:

City AttorneyOrdinance No. 3776 Page 1 of 3 .r. 

### . ;$ :, . " .A: ::,T~, .J,.;( ;f.. ': 

### y :)I, 

## 08::,$
i., 1 J;;', '-1 

# -. 7 

### /g,~ ORDINANCE NO. 3776 " 

## d:,t I? 

### 14: 

# zo AN ORDINANCE OF THE COUNCIL OF THE ClTY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 19, OFFENSESMISCELLANEOUS, BY AMENDING SECTION 19-14, OPERATION OF VEHICLES ON PRIVATE PROPERTY, AND ADDING SECTION 19-14.1, OPERATION OF VEHICLES ON PROPERTY-PENALTIES, FOR THE PURPOSE OF MINIMIZING DUST FROM PROPERTY SUBJECT TO ILLEGAL VEHICLE USE, IN COMPLIANCEWITH STATE LAW. WHEREAS, the Council of the City of Scottsdale wishes to amend Chapter 19, Offenses--Miscellaneous, to comply with newly revised state law addressing dust control by amending certain provisions regarding operating vehicles on property; and adding specialized penalty provisions regarding operating vehicles on property; and WHEREAS, the City Council held a hearing on March 18, 2008 and considered the amendments; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, Arizona, that Chapter 19, Offenses-Miscellaneous, be amended as follows: Section 1. Section 19-14, Operation of vehicles on private property, is amended to read as follows: Sec. 

### 19-14. Operation of vehicles on 

### p&&e property. (a) It is unlawful for any person to operate or drive or leave any motor vehicle, motorcycle, mini-bike, trailbike, dune buggy, motor scooter, jeep or other form of transportation OR RECREATIONAL VEHICLE propelled by an internal combustion engine, upon 

### tM+k&e

WT3 I
AND THAT IS CLOSED BY (I) THE LANDOWNER, (2) A FEDERAL, STATE, COUNTY OR ClTY RULE OR REGULATION OR (3) PROPER POSTING NOTICING CLOSURE. EVEN IF WRllTEN PERMISSION IS GRANTED BY THE LANDOWNER, ALL USE BY A MOTOR VEHICLE, MOTORCYCLE, MINI-BIKE, TRAILBIKE, DUNE BUGGY, MOTOR SCOOTER, JEEP OR OTHER FORM OF TRANSPORTATION OR RECREATIONAL VEHICLE PROPELLED BY AN INTERNAL COMBUSTION ENGINE SHALL BE ON A DUST FREE SURFACE. (B) SUBSECTION (A) ABOVE DOES NOT APPLY TO THE OPERATION OF VEHICLES USED IN THE NORMAL COURSE OF BUSINESS OR THE NORMAL COURSE OF GOVERNMENT OPERATIONS. (C) SUBSECTION (A) ABOVE DOES NOT APPLY TO THE OPERATION OF UTILITY VEHICLES FOR OPERATION, DISTRIBUTION AND TRANSMISSION SYSTEMS IF OPERATIONSARE PERFORMED:Ordinance No. 3776 Page 2 of 3

(1) USING A MARKED UTILITY VEHICLE, OR (2) USING A PERSONAL VEHICLE WITH UTILITY IDENTIFICATION CLEARLY VISIBLE ON OR INTHE VEHICLE. (D) IN THlS SECTION: DUST FREE SURFACE MEANS AN AREA COMPLETELY COVERED BY (1) CONCRETE, ASPHALT, CEMENT OR SEALED AGGREGATE PAVEMENT; (2) THREE (3) INCHES DEEP CRUSHED ROCK COMPLETELY CONTAINED INA PERMANENT BORDER; OR (3) ANOTHER STABILIZATION MATERIAL APPROVED BY THE CITY. DUST FREE SURFACE DOES NOT INCLUDE AREAS OF GRASS, LAWN, COMPACTED DIRT OR HARD-PACKED DIRT. VACANT LOT MEANS LAND THAT HAS BEEN OR HAS NOT BEEN DISTURBED AND/OR WAS PREVIOUSLY DEVELOPED, AND MAY CONTAIN STRUCTURES BUT DOES NOT CONTAlN BUILDINGS. (E) THE CITY MANAGER OR DESIGNEE AND CERTIFIED POLICE OFFICERS SHALL ENFORCETHlS SECTION. Section 2. Section 19-14.1, Operation of vehicles on private property--penalties, is added to read as follows: SEC. 19-14.1. OPERATION OF VEHICLES ON PROPERTY-PENALTIES. (A) A PERSON CONVICTED OF A VIOLATION OF SUBSECTION 19-14(A) SHALL BEGUILTY OFA CLASS 3 MISDEMEANOR. (B) IN ADDITION TO OR IN LIEU OF A FINE PURSUANT TO THlS SECTION, A JUDGE MAY ORDER THE PERSON TO PERFORM AT LEAST EIGHT (8) BUT NOT MORE THAN TWENTY-FOUR (24) HOURS OF COMMUNITY RESrITU'rION OR TO COMPLETEANOrdinance No. 3776 Page 3 of 3

APPROVED SAFETY COURSE RELATED TO 'THE OFF-HIGHWAY OPERATION OF MOTOR VEHICLES, OR BOTH. PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this 18" day of March, 2008.

CITY OF SCOTTSDALE, an Arizona municipal corporation

By: By:

### Mary Manross

# 1 Mayor

APPROVED AS TO FORM:

City AttorneyOrdinance No. 3777 Page 1 of 2

- 

### . I ..;I .,\ ' <

### /Ll;f OPTION B-DELAYED 

# ENFORCE MEN^'!(^!!

# - o ORDINANCE NO. 3777
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 46, PLANNING, DEVELOPMENT AND FEES, BY AMENDING SECTION 46-16, SCOPE, AND SECTION 46-17, SURFACING AND DRAINAGE; AND DELETING SECTION 46-18, DUST CONTROL, FOR THE PURPOSE OF STABILIZING CERTAIN PARKING, MANEUVERING, INGRESS AND EGRESS AREAS FOR DUST CONTROL, IN COMPLIANCEWlTH STATE LAW. WHEREAS, the Council of the City of Scottsdale wishes to amend Chapter 46, Planning, Development and Fees, to comply with newly revised state law addressing dust control by amending certain provisions regarding stabilizing certain parking, maneuvering, ingress and egress areas for dust control, in compliancewith state law; and WHEREAS, the City Council held a hearing on March 18, 2008 and considered the amendments: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, Arizona, that Chapter46, Planning, Development and Fees, be amended as follows: Section 1. Section46-16, Scope, is amended to read as follows: Sec. 46-16. Scope.
All THE FOLLOWING public and private PARKING, MANEUVERING, INGRESS AND EGRESS AREAS pad&=@& 

## -, shall comply with the requirements of this article 

### ?? w-

(1) PARKING, MANEUVERING, INGRESSAND EGRESS AREAS FOR INDUSTRIAL, COMMERCIAL, AND NON-RESIDENTIAL USES. 

### (2) PARKING, MANEUVERING, INGRESSAND EGRESSAREAS FOR RESIDENTIAL USESWlTH MORE THAN FOUR UNITS. (3) PARKING, MANEUVERING, INGRESSAND EGRESSAREAS FOR RESIDENTIAL USES, WlTH A TOTAL AREA OF THREE THOUSAND (3,000) SQUARE FEET OR GREATER. Section2. Section46-17, Surfacing and drainage, is amended to read as follows: Sec. 46-1 7. Surfacing -AND EFFECTIVE DATES.Ordinance 

### No.3777 Page 2 of 2

(A) PARKING, MANEUVERING, INGRESS AND EGRESS AREAS SHALL BE SURFACED WlTH MATERIALS APPROVED BY THE CITY. ALL CONSTRUCTION STANDARDS, MATERIALS AND METHODS SHALL BE 

### IN COMPLIANCE WlTH THE DESIGN STANDARDS AND POLICIES MANUAL. (B) THE EFFECTIVE DATES FOR THE IMPROVEMENT STANDARDS SET FORTH IN SUBSECTION 

### A. OFTHIS SECTION SHALL BE: (1) OCTOBER 1, 2008 FOR PARKING, MANEUVERING, INGRESS AND EGRESS AREAS FOR INDUSTRIAL, COMMERCIAL, AND NON-RESIDENTIAL USES, AND RESIDENTIAL USESWlTH MORETHAN FOUR UNITS; AND (2) OCTOBER 1, 2009 FOR PARKING, MANEUVERING, INGRESS AND EGRESS AREAS, FOR RESIDENTIAL USES, WlTH A T.0TAL AREA OF THREE THOUSAND (3,000) SQUARE FEET OR GREATER.

Section 

### 3. Section 46-18, Dust control, is deleted. PASSEDAND ADOPTED by the Council of the City of Scottsdale, Arizona, this 1 8thday of March, 2008.

ATTEST: CITY OF SCOTTSDALE, an Arizona municipal corporation

By: Mayor

-/ APPROVED AS TO-F-~RM; 

# v 3/&,bL,

. 

## - By: ,L

. 

# .- DeborahW. ~obberson~ 40" City Attorney

# SCOTTSDALE

- --r 

# CITYCOUNCIL MEETING L'-,,

, 

### - 

### ; 

### ,,., "tJ/( 

## 09rjy! -,? fi.,

I,, j 

## 12: -8 

# ***AMENDED***MEETING NOTICE AND

# AGENDA LO 

## [ITEM NO.25 REWORDED, 

### NEW

## COUNCIL 

## REP~RT AND

## RESOLUTION; ITEMS NO. 32A,32B,35 AND

## 36

## ADDED]

Councr1 

### Mary Manross, Mayor Betty Drake Wayne Ecton W.J. "Jim" Lane Robert W. Littlefield Ron McCullagh Tony Nelssen 

### Tuesday,April 15,2008

500

### P.M. CITY COLINCIL 

### MEETING MARKED AGENDA Call to Order 

### -City Hall Kiva Forum, 3939 N. Drinkwater Boulevard 

## -5:07 PM


### Roll Call

## -ALL PRESENT 

### Pledge ofAllegiance 

## - BOY SCOUT TROOP NO.30


### Invocation 

### - PASTOR DAVE OTTO, SCOTTSDALE BIBLE CHURCH 

### Presentations/Information Updates Approval ofMinutes 

# - OK 

## -7'0 

### REGULAR MEETINGS SPECIAL MEETINGS WORK STUDY SESSIONS EXECUTIVE SESSIONS March 18. 2008 Varch 25, 2008 April 1. 

### 2008
Public Comment 

### - LINDA Ross PRESENTED A CITIZEN PETITION REQUESTING COUNCIL ADOPT AN ORDINANCE TO CHANGE CONSTRUCTION START TIMES TO 7 AM IN THE SUMMER MONTHSAND 8 AM IN THE WINTER MONTHS. 

### Citizens may complete one Request to Speak "Public Comment" card per night and submit it to the City Clerk before or during this evening's meeting. Please check the box that refers to "Public Comment." This "Public Comment" time is reserved for citizen comments regarding non-agendized items. No official Council action can be taken on these items. Speakers are limited to three minutes to address the Council during "Public Comment" time.

How the ConsentAgenda Works: 

### The Council may take one voteto act on all items on the ConsentAgenda, or may remove items for further discussion. Every interested citizen will have

## one opportunity to speak on any or all ConsentAgenda items. If you wish to speak on these items, please complete a Request to Speak card for each topicyou wish to address. You will be given at least three minutesto speak on the Consent Agenda items you wish to address. Additional time for multiple agenda items will be at the Mayor's discretion.

OFFICE AT (480-312-2412). REQUESTS SHOULD BE MADE24 HOURS IN ADVANCE, OR ASEARLY AS POSSIBLE TOALLOW TIME TO ARRANGEACCOMMODATION. FOR TTY USERS, THEARIZONA RELAY SERVICE (1-800-367-8939)MAY CONTACT THE CITY CLERK'S OFFICE (480-312-2412).

# REGULAR 

# AGENDA Tuesday,April 

### 15,2008 Page 12of 14 ***32A. Citv-w-trol T-dment 

### I1

## - TA

## -2008a Request: Initiate a text amendmentto Article VII. General Provisions, and Article IX. Parking and Loading Requirements of City of Scottsdale Zoning Ordinance No. 455 for the purpose ofimplementing air quality regulations affecting parking and vehicle maneuvering areas as mandated by the Arizona Revised Statutes. Related Policies, References: Zoning Ordinance City Code, Chapters 18, 19, and 46 Ordinance Nos. 3775,3776, and 3777, adopted March 18,2008, amending Chapters 18, 19,and 45 ofthe City Code. Ordinance No. 3774, adopted March 18, 2008, amending Articles Vii and IX of the Zoning Ordinance. Staff Contact(s): Frank Gray, Planning and Development Services General Manager, 480-3 12-2890, f~rav~@scottsdaleaz.ov; Lusia Galav, Current Planning Director, 480-3 12-2506,Irralavilscottsdaleaz.~ov
-326. Code Amen- Rekd to Dust Contrm Requests: 1. Adopt OrdinanceNo. 3789 amending Scottsdale Revised Code Chapter 18. Public Nuisance and Property Maintenance, by amending Section 18-2. Definitions, and Section 18-11.Preservation ofrural residential lifestyle. 2. Adopt OrdinanceNo. 3790 amending Scottsdale Revised Code Chapter 46. Planning, Development and Fees, by amending Section 46-16. Scope, and Section 46-17. Surfacing and drainage. Related Policies, References: Resolution No. 4752, dated March 31, 1997, implementing six action items in a region-wide communication plan. Resolution No. 4864, dated August 4, 1997 implementing 21 measures related to particulate and carbon monoxide air pollution. Resolution No. 4942, dated December 1, 1997, implementing 13measures related to particulate pollution from unpaved roads, shoulders, access points, parking lots, vacant lots, and weed abatement activities. Resolution No. 5100, dated December 1, 1998, implementing sixmeasures related to particulate dust control. Resolution No. 6588, dated December 6,2004, implementingone measure related to reducing re-entrained dust emissions from targeted paved roads in Scottsdale and a protocol for implementing the measure. Ordinance No. 3095, adopted December 1, 1997, Building Code amendment on residential fireplaces. Resolution No. 7280, dated July 9, 2007, related to MAG Five Percent Plan commitments from the City of Scottsdaleto take specific actions to reduce airpollution from particulate dust (PM-10). Senate Bill 1552, passed in June 2007. Ordinance No. 3775, adopted March 18,2008, amending Chapter 18. Ordinance No. 3776, adopted March 18, 2008, amending Chapter 45. Ordinance No. 3774, adopted March 18,2008,amending Articles VII and IX of the Zoning Ordinance. StaffContact(s): Frank Gray, Planning and Development Services General Manager, 480-312-2890, f~rav~scottsdaleaz.~~~; Lusia Galav, Current Planning Director, 480-31

### 2-2506,lealav~.scottsdaleaz.~ov

MOTION TO ADOPT ORDINANCE NO. 3789 AMENDING SCOTTSDALE REVISED CODE CHAPTER 18 AND ORDINANCE NO. 3790 AMENDING SCOTTSDALE REVISED CODE CHAPTER 45; INITIATING TEXT AMENDMENT NO. 1-TA-2008#2 TO ARTICLES 7 AND 9 OF THE ZONING ORDINANCE, INCLUDING HOLDING PUBLIC MEETINGS; REQUESTING THE ZONING ADMINISTRATOR PROVIDE DOCUMENTATION OF THE DECISION REGARDING RANCH USE PERMIT PROPERTY NOT BEING CONSIDERED COMMERCIAL AND, THEREFORE, NOT SUBJECT TO THE IMMEDIATE ENFORCEMENT AND IMPLEMENTATION PROVISIONS OF 

### SB 1552; DOCUMENTATION THAT SPEED CONTROL IS AN AUTHORIZED DUST CONTROL MEASURE IN SCOTTSDALE AND THAT A 5 MPH POSTED SPEED LIMIT ON A PROPERTY IS AN ADEQUATE DUST CONTROL MEASURE; DIRECTING STAFF TO EXPLORE METHODS TO NOTIFY PROPERTY OWNERS OF THE NEED FOR DUST CONTROL REMEDIATION PRIOR TO FEDERAL MANDATED DEADLINES; AND DIRECTING INTERGOVERNMENTAL RELATIONS STAFF TO WORK AGGRESSIVELY WITH THE LEGISLATURE IN UPCOMING SESSIONS TO PURSUE DUST CONTROL ISSUES

### -OK 

### - 611 (TN)Ordinance 

### No.3789 

### Page 1 of2



### ORDINANCE NO. 3789
AN ORDINANCE OF THE COUNCIL OF THE ClTY OF SCOTSDALE, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 18, PUBLIC NUISANCE AND PROPERTY MAINTENANCE, 

### BY AMENDING SECTION 18-2, DEFINITIONS AND SECTION 18-11, PRESERVATION OF RURAL RESIDENTIAL LIFESTYLE, TO ADDRESS RESIDENTIAL PROPERTIES WlTH ACCESS TO UNPAVED STREETS AND MARICOPA COUNTY AIR QUALITY REGULATIONS REGARDING LIVESTOCK ACTIVITIES. WHEREAS, on March 18, 2008, the Council of the City of Scottsdale passed amendments to Chapter 18, Public Nuisance and Property Maintenance, to comply with newly revised state law addressing.dust control; WHEREAS, the Council of the City of Scottsdale wishes to further amend Chapter 18, Public Nuisance and Property Maintenance, to address residential properties with access to unpaved streets and the Maricopa County Air Quality Regulations regarding livestock activities on residential properties; and WHEREAS, the City Council held a hearing on April 15, 2008 and considered the amendments; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, Arizona, that Chapter 18, Public Nuisance and Property Maintenance, be amended as follows: Section 1. Section 18-2, Definitions, is amended to charlge the definition of dust free surfaceto read as follows: (10) Dust free surface means an area completely covered by (1) concrete, asphalt, cement or sealed aggregate pavement; (2) three (3) inches deep crushed rock completely contained in a permanent border; or (3) another stabilization materialOR METHOD approved by the city. Dust free surface does not include areas of grass, lawn, compacted dirt or hard-packeddirt. Section 2. Section 18-2, Definitions, is amended to add the following definitions in alphabetical order, and to renumberthe remaining definitions as appropriate: LIVESTOCKACTlVlN AREAS 

### MEANS AREAS DEVOTED TO ANY ACTIVITY DIRECTLY RELATED TO FEEDING ANIMALS, DISPLAYING ANIMALS, RACING ANIMALS, EXERCISING ANIMALS, AND/OR FOR.ANY OTHER SUCH ACTIVITY, INCLUDING, BUT NOT LIMITEDTO, LIVESTOCKARENAS, HORSEARENAS, FEED LOTS, AND ACCESS. UNPAVED STREET 

### MEANS A PUBLIC OR PRIVATE STREET THAT IS NOT PAVED OR TREATED BY THE ClTY WlTH DUST PALLIATIVES.* Ordinance 

### No. 3789 

### Page2 

### of 2



### Section 3. Section 18-1 1, Preservation of rural residential lifestyle, is amended to read as follows: 

### Sec. 18-11. 

### Preservationof rural residentiallifestyle. (a) The purpose of this section is to recognize that preservation of the western rural residential lifestyle in limited areas of the city promotes the health, safety, aesthetic and general welfare of the citizens of the city. (b) The property maintenance standards that require the owner andlor occupant of land to park or store a vehicle or watercraft only on a dust free surface set forth in subsection 18-7(b)shall not apply to rural residential lifestyle land, except: (1) A conditionthat is a public nuisance as set forth in section 18-5 is prohibited, or (2) Surfaces for ingress, egress, parking and maneuvering that are greater than three thousand (3000) square feet, 

### EXCLUSIVE OF LIVESTOCK ACTIVITY AREAS, must 

### be dust free surfaces. 

### (c) THE REQUIREMENTS IN SUBSECTION (6) ABOVE FOR INGRESS, EGRESS PARKING AND MANEUVERING AREAS SHALL NOT APPLY TO A RESIDENTIALLY-ZONEDPROPERTY CONNECTING TO AN 1lNPAVED STREET AS ITS 

### SOLEACCESS. (60) The effective date for surfacing ingress, egress, parking and maneuvering areas greater than three thousand (3000) square feet is October 1, 

### 2009. PASSEDAND ADOPTED by the Council of the City of Scottsdale, Arizona, this 15'" day of April, 2008.

AlTEST:

/- 

### CITY OFSCOlTSDALE, anArizona municipal corporation



### By: By:Mayor

APPROVEDAS 

### TO FORM:
By: 

### AAI DeborahW. 

### Robberson City Attorney

### Ordinance No. 3790 Page 1

### of 2



### MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 46, PLANNING, DEVELOPMENT AND FEES, BY 

### AMENDING SECTION 46-16, SCOPE, TO ADDRESS RESIDENTIAL PROPERTIES WITH ACCESS TO UNPAVED STREETS AND MARICOPA COUNTY AIR QUALITY REGULATIONS REGARDING LIVESTOCK ACTIVITIES. WHEREAS, on March 18, 2008, the Council of the City of Scottsdale passed amendments to Chapter 46, Planning, Development and Fees, to comply with newly revised state law addressing dust control; WHEREAS, the City Council wishes to further amend Chapter 46, Planning, Development and Fees, to address residential properties with access to unpaved streets and the Maricopa County Air Quality Regulations regarding livestock activities on residential properties; and WHEREAS, the City Council held a hearing on April 15, 2008 and considered the amendments; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Scottsdale, Arizona, that Chapter 46, Planning, Development and Fees, be amended as follows: Section 1. Section 46-16, Scope, is amended to read as follows: Sec. 46-16. Scope AND EXCLUSIONS. (A) 

### All the following public and private parking, maneuvering, ingress and egress areas shall comply with the requirements of this article: (1) Parking, maneuvering, ingress and egress areas for industrial, commercial, and nonresidential uses. 

### (2) Parking, maneuvering, ingress and egress areas for residential uses with more than four units. (3) Parking, maneuvering, ingress and egress areas for residential uses, with a total area of three thousand (3,000) square feet or greater, EXCLUSIVE OF LIVESTOCK ACTIVITY AREAS. 

### (B) THE REQUIREMENTS IN SECTION 46-17 

### FOR PARKING, MANEUVERING, INGRESS AND EGRESS AREAS SHALL NOT APPLY TO A RESIDENTIALLY-ZONED PROPERTYCONNECTINGTO AN UNPAVED STREET AS ITS SOLE ACCESS. (C) FOR PURPOSESOF THIS ARTICLE: LIVESTOCKACTIVIN AREAS MEANS AREAS DEVOTED TO ANY ACTIVITY DIRECTLY RELATED TO FEEDING ANIMALS, DISPLAYING ANIMALS, RACING ANIMALS, EXERCISING ANIMALS, AND/OR FOR ANY OTHER SUCH ACTIVITY, INCLUDING, BUT NOT LIMITEDTO, LIVESTOCKARENAS, HORSEARENAS, FEED LOTS, AND ACCESS.Ordinance 

### No.3790 Page 

### 2 of 2

UNPAVED STREET MEANS A PUBLlC OR PRIVATE STREET THAT IS NOT PAVED OR TREATED 

### BYTHE CITY WlTH DUST PALLIATIVES. Section 2. Section 

### 46-17, Surfacing and drainage, is amendedto read as follows: Sec. 46-17. Surfacing and effective dates. (a) Parking, maneuvering, ingress and egress areas shall be surfaced with materials OR TREATED WlTH METHODS approved by the city. All construction standards, materials and methods shall be in compliancewith the DesignStandards and PoliciesManual. (b) The effective dates for the improvement standards set forth in subsection (a) of this section shall be: 

### (1) October 1, 2008 for parking, maneuvering, ingress and egress areas for industrial, commercial, and non-residential uses, and residential uses with more than four units; and (2) October 

### 1, 2009 for parking, maneuvering, ingress and egress areas for residential uses, with a total area of three thousand (3,000) squarefeet or greater, EXCLUSIVE OF LIVESTOCK ACTIVITY AREAS. PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this 1 5m day of April, 2008.

CITY OF SCOlTSDALE, anArizona municipal corporation

By: By:Ma 

### j Manro& City Clerk Mayor

APPROVED AS TO FORM:

Deborah

### W. Robberson City Attorney