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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.)
If development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase of development shall include a generally proportionate amount of the common required open space. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, adjoining property and to assure acceptable assess for public safety forces.
(Ord. 58-01. Passed 5-29-01.)
(a) The applicant for a cluster development shall submit development plans in accordance with Chapter 1228. In reviewing plans for cluster developments, the Planning Commission shall determine that the development plan complies with the standards in Sections 1228.10 and 1228.11 and the following criteria:
(1) The buildings and uses within the proposed development shall be located to reduce any adverse influences and to protect the residential character of the areas adjacent to the development.
(2) The bulk and height of the buildings within the proposed development are compatible with the surrounding development.
(3) Roadway systems, service areas, parking areas, entrances, exits and pedestrian walkways within the development are designed so that access to public streets minimizes traffic hazards or congestion.
(4) The layout of parking areas, service areas, entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the residential character of areas adjacent to the development.
(5) Buildings and open spaces are in proportion and scale with existing structures and spaces in the surrounding area.
(6) Common open space areas are not unnecessarily isolated from one another by unrelated physical obstructions such as buildings and parking areas.
(7) Natural separations of dwelling types are created by careful planning of street and clustering of building uses, natural land features and open space for separation. Cul-de-sacs and loop streets, coupled with open spaces, should be used to achieve separation and create identity for sub-areas within the cluster development.
(8) Privacy for individual principal buildings shall be maintained through the use of landscaping and screening.
(b) Additional development requirements formulated to achieve the objectives of this chapter may be established at the time the cluster development plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the proposed cluster development.
(Ord. 58-01. Passed 5-29-01.)