§ 82-430 SINGLE-FAMILY CLUSTERING OPTION.
   The intent of this section is to permit the development of single-family residential patterns which, through design innovation, will introduce flexibility so as to provide for the sound physical handling of site plans in situations where the normal subdivision approach would otherwise be unnecessarily restrictive. To accomplish this, the following modifications to the single-family residential standards shall be permitted subject to the conditions herein imposed.
      (1)   Under this section, the attaching of single family homes will be permitted when the homes are attached through a common party wall which does not have over 60% of its area in common with an abutting dwelling wall; by means of an architectural wall detail which does not form interior room space; or through a common party wall in only the garage portion of adjacent structures, there being no common party wall relationship permitted through any other portion of the residential unit.
      (2)   The number of units attached in the above manner shall not exceed 4.
      (3)   Yard requirements may be modified as follows.
         (a)   Yards abutting a street may be reduced to not less than 25 feet.
         (b)   Spacing between groups of attached units or individual units shall be at least 20 feet in the R-1 District and 15 feet in the R-2 District.
         (c)   That side of a cluster adjacent to a service drive or private land shall not be nearer to said drive or land than 10 feet.
      (4)   In all single-family residential districts on parcels of land meeting certain criteria, densities in a cluster development may be increased to the following maximum (including street right-of-way):
   R-1 District   =   4.5 dwelling units/acre.
   R-2 District   =   3.7 dwelling units/acre.
      (5)   The Planning Commission may approve the clustering or attaching of buildings on parcels of land, under single ownership and control, which, in the opinion of the Planning Commission, have characteristics which would make sound physical development under the normal subdivision approach impractical because of parcel size, shape or dimension or because of steep topography, soil problems or similar natural conditions. In approving an area for cluster development at the densities permitted in subsection (4) of this section, the Planning Commission shall find at least 1 of the following conditions to exist.
         (a)   The parcel to be developed is generally parallel to, and generally does not exceed 400 feet in depth, on those unsubdivided parcels of land abutting a major thoroughfare or freeway of at least 120 feet of right-of-way width so as to provide transition between the major thoroughfare and adjacent single-family detached housing.
         (b)   The parcel contains major topographic problems which, in the opinion of the Planning Commission, would make sound physical development under the normal subdivision approach impractical. In approving these areas for single-family cluster development, the Planning Commission shall find that:
            1.   Slopes within the site in excess of 10% appear as a typical feature of the site rather than an exceptional or infrequent feature of the site;
            2.   The achieving of the road grades of less than 10% is impossible unless the site was mass graded. The providing of one-family clusters will, in the opinion of the Planning Commission, allow a greater preservation of the natural setting.
         (c)   A small parcel which is shaped in such a way that it contains acute angles which would make a normal subdivision difficult to achieve and has frontage on a major or secondary thoroughfare.
         (d)   A substantial part of the parcel's perimeter is bordered by a major thoroughfare which would result in a substantial proportion of the lots of the development abutting the major thoroughfare.
         (e)   The parcel contains a floodplain or poor soil conditions which result in a substantial portion of the total area of the parcel being unbuildable. Soil test borings, floodplain maps or other documented evidence must be submitted to the Planning Commission in order to substantiate the parcel's qualification for cluster development.
         (f)   The parcel contains natural assets which could be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, unusual topographic features, or other natural assets which, in the opinion of the Planning Commission, should be preserved. Requests for qualification under these conditions must be supported by documented evidence which indicates that the natural assets would qualify the parcel under this option.
      (6)   The area in open space accomplished through the use of one-family clusters shall represent at least 15% of the horizontal development area of a one-family cluster development.
      (7)   In order to provide an orderly transition where the project proposed for use as a cluster development abuts a one-family residential district, the Planning Commission shall determine that the abutting one family district is effectively buffered by means of 1 of the following within the cluster development: single-family lots subject to the standards of the schedule of regulations, open or recreation space, changes in topography which provides an effective buffer, a major or secondary thoroughfare, some other similar means of providing a transition.
      (8)   Any area to be dedicated for park, recreation or open space purposes as a result of the application of this section shall be subject to review and approval of the Planning Commission for minimum size, shape, location, access, the character of any improvement and assurance of the permanence of the open space and its continued maintenance.
      (9)   In submitting a proposed layout under this section, the sponsor of the development shall include, along with the site plan, the proposed building elevations and typical floor plans, an indication of existing and proposed public easements, soil information or data sufficient to determine the buildability of the site, topography drawn at a 2 foot contour interval, all computation relative to acreage and density, and any other details which will assist in reviewing the proposed plan.
      (10)   Approval of a site plan under this section shall be effective for a period of 1 year. Development not started in this period shall be considered as abandoned and authorization shall expire requiring that any proposed development thereafter shall be reviewed and approved by the Planning Commission. Any proposed change in site plan or building plans, after approval has been received, shall require review and approval by the Planning Commission prior to effecting the change.
      (11)   Application of this option shall only be permitted when the site plan has been reviewed and approved by the Planning Commission.
(1993 Code, § 82-430) (Ord. passed 10-12-1992)
Cross reference:
   Cluster example, see Appendix D