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The cluster development option is available for property located within a zoning district that permits single-unit detached dwelling units (e.g., R-20, and R-40), with the exception of property located within the Conservation Residential Overlay District. The development of the property must comply with all zoning conditions when using the cluster option. The size of the tract used under this option must be a minimum of ten (10) acres.
The approval authority may allow subdivision development on reduced lot sizes in return for the provision of bonus open space and other design requirements set forth within this Section. In order to approve a development plan using this option, the Town must determine that the benefits of the cluster approach will prevent the loss of natural features without increasing the overall density or impervious surface of the development. Cluster developments follow the same review and approval process that conventional developments follow as required by this Ordinance.
An increase in the number of lots above the number of lots permitted by the underlying zoning district (base number of lots) is allowed provided the development plan meets open space requirements and other design requirements set forth within Section 8.4. In no case shall the density of the development exceed the maximum permitted density of the site's designated zoning district.
The base number of lots is defined as the lot yield based on the implementation of the requirements of the underlying zoning district. The base number of lots is the starting point from which extra lots may be permitted if non-regulatory or bonus open space (see Chapter 12 for definition) is provided and other design requirements are met.
The applicant shall choose one (1) of the following methods for calculating the base number of lots:
(A) The base number of lots may be determined by taking ninety (90) percent of the potential developable area of the site and multiplying by the maximum density (based on lot area requirements) for the underlying zoning district. The purpose of reducing the potential developable acreage by ten (10) percent is to account for the approximate area that would be allocated to roadways within a conventional subdivision. "Potential developable area" within this Section is defined as the total land area of the site excluding all regulatory floodplains, streetscapes and other required areas (see Chapter 7: Development and Design Standards). For sites that contain and/or are adjacent to the American Tobacco Trail, a buffer of at least fifty (50) feet in width is required. This minimum buffer width is considered regulatory/required area, and shall not be included in the calculation of potential developable area.
Example: Site A
Total Acres: One hundred (100)
Acres in regulated/protected areas: Twenty (20)
Potential Developable area including roadways: One hundred (100) - Twenty (20) = Eighty (80)
Calculated Developable area (Eighty (80) acres) x Ninety (90) percent = Seventy-two (72) acres
Seventy-two (72) acres x 1.09 dwelling units per acre (density permitted in R-40) = Seventy-Eight (78) base number of lots
(B) The base number of lots may be determined based on a yield plan for the site, whereby the applicant presents a rough or sketch conventional subdivision development plan that fully complies with the development requirements of the underlying zoning for the site.
An increase in the number of lots (density bonus) is provided in exchange for the permanent preservation of bonus open space and meeting other design requirements. An increase in the number of lots is achieved by allowing a lower minimum lot size (see Table 8.4-1 below).
Example (continued from 8.4.5 above) :
Size of Site | Base Number of Lots | Bonus Open Space | Additional Lots | Actual Gross Density |
100 acres | 78 | 8 acres (10% of potential developable area) | 24 (30% more) | 1.02 |
(A) Cluster developments shall meet all requirements for a development plan and all other applicable Town ordinances except for lot size, which is defined in this Section. Cluster subdivisions within the Jordan Lake watershed may be constructed without the standard curb and gutter required in other areas of Town. Alternative street designs may also be considered if such designs further protect on-site resources.
(B) R-12 dimensional requirements may be used for lots within cluster subdivisions. However, where lots in a cluster development abut other residential lots within an existing subdivision that is not developed as a cluster development, said lots shall have a side and rear yard setback not less than that of the abutting subdivision or the required side or rear yard setback required within the proposed development's zoning district.
(C) Cluster subdivisions shall be adequately buffered from adjacent conventional subdivisions in accordance with Chapter 7 based on lot size.
(D) Once the development is approved and platted, there shall be no further subdivision of land to obtain additional lots. However, easements for public utilities may be permitted.
(A) Bonus Open Space Requirements
All bonus open space provided must meet the following standards:
(1) Bonus open space shall be retained in a natural, undisturbed state, with the exception of those activities allowed by this Section. No more than five percent (5%) of the bonus open space areas may be disturbed and allowed to be planted with grass or other pervious ground cover if the area provides common informal gardens and/or play/open areas for the development. The five percent (5%) does not include disturbed areas due to the installation of required pedestrian systems (e.g., sidewalks, trails). Active recreation facilities (e.g., basketball and tennis courts) are not permitted in the open space used to obtain additional lots.
(2) The cluster subdivision must, at a minimum, provide an eighty (80) foot deep Type A opaque streetscape buffer along all of the subdivision's thoroughfare and collector road frontage. The amount of the eighty (80) foot deep streetscape buffer that is in excess of the amount of streetscape buffer required for a conventional subdivision under the requirements of Chapter 7 (See Section 7.2.4) qualifies as contributing bonus open space.
(3) Bonus open space used to obtain additional lots shall be no less than thirty (30) feet in width at any point.
(4) Pedestrian access trails to the open space areas shall be provided.
(5) No portion of the bonus open space shall be separated into non-contiguous segments smaller than thirty percent (30%) of the total bonus open space area. Open space divided by a roadway shall be defined as contiguous.
(6) The bonus open space shall be shown on the development plan, with a notation to indicate that the bonus open space shall not be used for future structures.
(7) The developer shall establish and incorporate a Homeowner's Association (HOA), which shall have the responsibility for maintaining the bonus open space and associated facilities at its own expense. As an alternative to an HOA, a private, non-profit organization, whose primary purpose is open space conservation or preservation can own and manage the open space within a cluster housing development.
(8) A portion or all of the bonus open space may be conveyed to the Town for use as greenways and parkland, provided it meets Town standards for such facilities and is agreed to by the Town. Such conveyance would occur at no cost to the Town.
(Ord. No. 2008-LDO-01, 9-25-08; Ord. No. 2009-LDO-02, 3-26-09; Ord. No. 2016-LDO-01, 7-25-16; Ord. No. 2022-LDO-02, 4-28-22; Ord. No. 2023-LDO-04, 11-16-23)
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