Loading...
(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.)
Each lot and building envelope within a cluster development shall have sufficient access to ensure safe and efficient traffic flow and reasonable ingress and egress for emergency vehicles. To this end, the street requirements for cluster developments are as follows:
(a) Public Streets. A street shall be required to be publicly dedicated in compliance with Section 1248.14 when such street:
(1) Provides access to detached single-family dwellings on subdivided lots.
(2) Is a major street that connects two existing public streets, is intended to provide a future continuing street system beyond the project boundaries, or is expected to accommodate pass-through traffic going to and from adjacent developments.
(b) Private Streets. Streets that are not otherwise required to be public streets pursuant to division (a) above may be approved as private streets when the Planning Commission determines that:
(1) The private street is not planned or expected to be extended to serve property outside the cluster development.
(2) Adequate utility easements are provided to the satisfaction of the City and the utilities.
(3) The design and layout of the private street provides adequate and safe access to the intended units, as determined by the Police and Fire Departments.
(4) A private street with single access shall provide access to no more than 12 dwelling units.
(c) Pavement Width. Private streets may be constructed with narrower pavement widths than required by the Subdivision Regulations for public streets, provided they comply with the minimum standards set forth in Schedule 1266.07(c).
Schedule 1266.07(c)
MINIMUM PAVEMENT WIDTH FOR PRIVATE STREET
Two-Way | One-Way(a) | |
(1) Private street with two means of access serving: | ||
A. More than 20 units | 25 feet | 15 feet |
B. 20 units or less | 20 feet | 12 feet |
(2) Private street with a single access serving 12 units or less | 18 feet | N/A |
Notes to Schedule 1266.07(c). (a) Widths apply if no parking is provided on the street. If the street also provides an aisle for off-street parking, then the street width shall comply with Section 1246.04. NA = Not Applicable | ||
(d) Construction Standards. All elements of a private street that are to be provided in a cluster development shall be constructed in accordance with the construction standards set forth for public streets in Chapter 1248. However, when the Planning Commission determines that certain elements of a public street do not or should not specifically apply to a private street due to the circumstances of a particular project or portion of a project, the Commission may waive or permit a modification to the installation of any such element(s) to the extent deemed just and proper, provided such relief may be granted without detriment to the public good. This provision applies to waiving the requirement for curbs and storm sewers when the applicant demonstrates to the satisfaction of the Planning Commission that, based on the topography of the site, open space, density and other environmental considerations, the proposed open natural drainage system will equally satisfy the City's drainage requirements.
(e) Deed Restrictions. Whenever a private street is included in a cluster development, deed restrictions shall be required which shall specifically include the following language:
"The undersigned grantee(s) hereby acknowledge(s) that (he, she, they) understand that the premises described herein is located upon a non-dedicated, private street. And further, the grantee(s) understands that no government body is responsible for care and maintenance of said private street."
(f) Parking and Storage of Vehicles. Parking and vehicle storage shall be provided according to Chapter 1292.
(Ord. 58-01. Passed 5-29-01.)
As part of a cluster development, a homeowners association or similar legal entity shall be created so that, pursuant to Sections 1266.06 and 1266.07 above, such association is responsible for the maintenance and control of common areas, including the required open space and private streets. Such association shall become effective upon the sale of the first home in such development. At the time of final development plan approval, the applicant shall provide the Law Director with copies of the Declaration, Articles of Incorporation and Code of Regulations. No final development plan shall be approved without a written opinion from the Law Director stating that these submitted documents demonstrate full compliance with the provisions of this division in that these documents, read in their entirety, contain appropriate provisions implementing all of the following requirements.
(a) Membership in the Association shall be mandatory for all purchasers of lots or units in the cluster development. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be provided for as specified in the Association's Declaration or Code of Regulations.
(b) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without an affirmative vote of 75% of its members; having established a successor entity to take over the property pursuant to the City’s Planning and Zoning Code; and the approval of the Planning Commission and City Council.
(c) The Association shall:
(1) Be responsible for maintenance, control and insurance of common areas, including the required common open space.
(2) Impose assessments on members for the maintenance, control and insurance of common areas, and have the power to place liens against individual properties for failure to pay assessments as provided for by the Association's Declaration Code of Regulations.
(3) Have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of, common areas by such means as reasonable monetary fines, suspension of the right to vote and the right to use any recreational facilities in the common area, the right to suspend any services provided by the Association to any owner, and the right to exercise self-help to cure violations.
(d) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to entrance to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual units, houses and vacant building lots.
(Ord. 58-01. Passed 5-29-01.)
Loading...