EDITOR’S NOTE: This chapter was repealed by Ordinance 212-03, passed November 10, 2003. Cluster Development is prohibited from the effective date of that ordinance forward. However, the regulations contained in Chapter 1266 are still valid and control land use within existing cluster developments that were lawfully approved prior to the date of repeal.
1266.01 Purpose.
1266.02 Minimum project area.
1266.03 Dwelling types.
1266.04 Density and open space requirements.
1266.05 Setback and spacing requirements.
1266.06 Common open space regulations.
1266.07 Common street and parking requirements.
1266.08 Homeowners associations.
1266.09 Phased development.
1266.10 Development plan review.
Cluster development is permitted in the R-l, R-2 and R-3 Districts to encourage and accommodate, in a unified project, creative and imaginative residential developments that utilize innovations in the technology of land development that are in the best interests of the City, and to allow greater flexibility and utilization of space than may be possible through the strict application of the minimum district requirements. These regulations are designed to achieve, among others, the following objectives:
(a) The creation of functional and interesting residential areas.
(b) The provision of readily accessible recreation areas and open spaces.
(c) The conservation of the natural amenities of the landscape.
(d) The separation of pedestrian and vehicular circulation.
(Ord. 58-01. Passed 5-29-01.)
(a) The area proposed to be developed as a cluster development shall be in single ownership, or, if in multiple ownership, all procedural applications shall be filed jointly by all owners of the properties included in the proposed development boundaries.
(b) The gross area of a tract of land in a cluster development shall be a minimum of five acres.
(Ord. 58-01. Passed 5-29-01.)
The types of dwelling units that may be included as part of a cluster development are listed in Schedule 1266.03 for the district in which the cluster development is located.
Schedule 1266.03
PERMITTED DWELLING TYPES
R-1 | R-2 | R-3 | |
(a) Single-family detached dwelling units on lots | P | P | P |
(b) Cluster single-family detached dwelling units | P | P | P |
(c) Accessory community/recreation facilities | A | A | A |
(Ord. 58-01. Passed 5-29-01.)
(a) Maximum Density.
(1) The gross density of a cluster development shall not exceed the number of dwelling units per acre for the district in which the development is located as set forth in Schedule 1266.04(c).
(2) The maximum number of dwelling units for a particular site shall be calculated by multiplying the total land area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the overall density permitted.
(b) Minimum Common Open Space. A portion of the total project area shall be devoted to common open space according to the district in which the cluster development is located, in compliance with the minimum requirements set forth in Schedule 1266.04(c). The minimum common open space shall be further regulated according to Section 1266.06.
(c) Schedule 1266.04(c): Density and Open Space Requirements.
Schedule 1266.04(c)
DENSITY AND OPEN SPACE REQUIREMENTS
R-l | R-2 | R-3 | |
(1) Maximum gross density | 2.0 dwelling units/acre | 2.4 dwelling units/acre | 5.0 dwelling units/acre |
(2) Minimum common open space | 30% | 30% | 30% |
(Ord. 58-01. Passed 5-29-01.)
(a) Minimum Setbacks. All buildings, structures and parking areas shall comply with the minimum setbacks set forth in Schedule 1266.05(a).
Schedule 1266.05(a)
MINIMUM SETBACK REQUIREMENTS
R-1 | R-2 | R-3 | |
(1) Setback from project boundary | 40 feet | 30 feet | 30 feet |
(2) Setback from existing street rights-of-way | 50 feet | 50 feet | 75 feet |
(3) Setback from interior streets | 24 feet | 24 feet | 24 feet |
(4) Setback from side or rear lot line of subdivided lot within project | 3 feet | 3 feet | 3 feet |
(b) Minimum Spacing Between Buildings. In order to ensure reasonable privacy and separation, individual buildings including terraces, decks and patios shall be separated by at least 16 feet, except that when walls containing the primary windows of any living, family or dining room and patios, decks, and terraces face each other, they shall be separated by at least 40 feet. This distance may be reduced when the Planning Commission finds that adequate landscaping and screening is provided to ensure privacy between units.
(c) Requirements for Fee-Simple Subdivided Lots. Individually subdivided lots which may be included as part of a cluster development do not need to comply with the lot area, lot width or yard requirements established for the underlying district. Such lots shall comply with all other development standards contained within this chapter. The applicant shall depict on the development plan the maximum parameters, or building envelopes on each lot, to indicate where buildings shall be located, and shall demonstrate that such building location will be in compliance with the spacing requirements of this section.
(Ord. 58-01. Passed 5-29-01.)
The minimum common open space required in Section 1266.04 shall be provided as follows:
(a) The required common open space shall be located and designed to:
(1) Be sufficiently aggregated to create large areas of planned open space.
(2) Conserve significant natural features to the extent practicable.
(3) Be easily accessible to residents of the cluster development.
(4) Generally, be not less than 100 feet in width at any point, except for short segments which provide visual and pedestrian connections between larger open space areas.
(5) Be interconnected with open space areas on abutting parcels, wherever possible, by open space corridors.
(b) Land area devoted to the following shall not be included as meeting the common open space requirement:
(1) Public street rights-of-way, private roads and parking areas.
(2) Required setbacks between buildings, parking areas and project boundaries between buildings and public or private streets, unless the required setback is contiguous to and part of a larger area of open space.
(3) Private yards within subdivided lots.
(4) The land area within 15 feet of all dwelling units.
(c) Areas designated for common open space purposes may be:
(1) Preserved as wetlands, woodlands, lakes or ponds, historic sites, environmentally sensitive areas, or similar conservation-oriented areas;
(2) Used for active or passive outdoor recreation including but not limited to in-ground pools and tennis courts, but shall not include the area for recreation buildings or related parking; or
(3) Used for storm water retention and detention.
(d) Any common open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.
(e) The required common open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.
(f) The City may determine that private recreational facilities or common open space provided as a part of a cluster development are of equivalent value to provide, in part, open space and recreational opportunities for residents of the proposed development that would otherwise need to be provided by the City. In such case, the Planning Commission may waive all or a portion of the requirement for the dedication of land for public purposes in accordance with Section 1228.16. In making such a determination, the Planning Commission shall consider:
(1) The type and size of facilities provided;
(2) The availability of the facilities to the residents; and
(3) The likelihood that such facilities will lessen the need for additional public parks and public open space for the residents.
(g) Walkways shall be provided to connect residential areas to common open space areas and to provide convenient pedestrian access throughout the cluster development and from the cluster development to other areas of the community.
(h) Legal instruments setting forth the ownership and perpetual maintenance of the required common open space by the developer, homeowners' association or similar entity shall be submitted to the Law Director for review and approval.
(i) All common open space shall be prohibited from further subdivision or development by deed restriction, conservation easement or other agreement in a form acceptable to the Law Director and duly recorded in the office of the County Recorder.
(j) Subject to such permanent prohibition as set forth above, common open space in a cluster development may be owned by an association or by a similar entity acceptable to the City. The City may, but shall not be required to, accept dedication in the form of fee-simple ownership of the common open space.
(Ord. 58-01. Passed 5-29-01.)
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