Except as stated within this section, an application for approval of a site plan for a residential cluster option shall follow the procedures and requirements established for a special use approval as stated in §§ 154.415 through 154.417. The following standards shall apply to single-family cluster projects.
(A) Intent. The intent of the single-family cluster option is to provide the opportunity for creative design in single-family residential districts to accomplish the following primary objectives.
(1) To promote a higher quality of development than could be achieved under conventional zoning regulations.
(2) To encourage innovation in land use and variety in design, layout, and type of structures constructed.
(3) To provide a feasible means of residential development on sites that would otherwise be difficult or impossible to develop because of the parcel size or shape, the character of surrounding land uses, or other constraints.
(B) Eligibility criteria.
(1) In considering any proposal for the single-family cluster option, the Planning Commission shall determine that the proposal satisfies one or more of the following eligibility criteria.
(a) The overall impact of the development will provide a recognizable and substantial benefit to its ultimate residents and to the community.
(b) The parcel has narrow width, shallow depth, or a unusual configuration that is a substantial detriment to development as a conventional subdivision.
(c) A significant portion of the property's perimeter is bordered by a major or secondary thoroughfare, so that, if developed as a conventional subdivision, a substantial number of the lots would abut the thoroughfare and be impacted by negative traffic noise and lights.
(d) A substantial portion of the property's perimeter is bordered by land that is zoned or used for more intensive and potentially incompatible nonresidential development.
(e) The parcel contains natural assets that would be preserved or enhanced through the use of cluster development. Such assets may include stands of trees, land that serves as a habitat for wildlife, unusual topographic features, or other natural assets that should be preserved.
(2) An application for the single-family cluster option shall be accompanied by written and graphic documentation demonstrating to the Planning Commission that the proposal satisfies one or more of the listed eligibility criteria.
(C) Project density.
(1) The overall density of development on a site that qualifies for cluster development shall not exceed the standards for density as established by the underlying zoning regulations for the district in which the site is located. The density of a development shall be computed by dividing the total number of units proposed by the allowable acreage. The quotient shall be rounded to the nearest tenth of an acre.
(2) For the purposes of computing density, allowable acreage shall include the following.
(a) All areas to be used for residential purposes, including off-street parking and private access roads, but excluding public street rights-of-way.
(b) Dedicated private parks and/or common open space devoted for use of residents of the single-family cluster development.
(D) Site design requirements. Single-family cluster developments shall comply with the following requirements.
(1) Clustering alternatives.
(a) Attachment of units. A maximum of four single-family dwelling units may be attached to each other, provided that measures are taken to avoid monotonous facade design or the appearance of massive buildings that are out-of-scale with surrounding single-family development. The attached units shall be offset from one another, and/or different design details (i.e., different building entrance designs, different building materials, and the like) shall be used for each unit.
(b) Detached clusters. A maximum of single-family detached units may be combined into a single cluster, provided that the units shall be spaced not less than ten feet apart. This spacing requirement may be waived or modified by the Planning Commission during site plan review, based upon a favorable recommendation of the Fire Chief.
(2) Open space.
(a) General requirements. Single-family cluster developments shall provide and must maintain at least 15% of the site as dedicated common open space.
(b) Water bodies and basins. Up to 25% of the required open space may include the area of any created water bodies or water detention/retention basins.
(c) Conveyance of open space. The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction(s) or covenant(s) that runs with the land, assuring that the open space will be developed, dedicated and continually maintained according to the site plan and never changed to another use.
(3) Setbacks.
(a) Setbacks between clusters. Each cluster of attached or detached dwelling units shall be set back a minimum distance of 50 feet from any other cluster, except that the minimum setback for adjoining clusters that have a side-to-side building relationship shall be 20 feet.
(b) Building setbacks. Buildings within each cluster shall comply with the following minimum setbacks.
1. Internal private road: 20 feet from edge of traveled roadway.
2. Public road right-of-way: 25 feet.
3. Property line (other than road right-of-way): 25 feet.
4. Utility easement (other than individual unit lead): 12 feet.
(5) Transition in density. Where the parcel proposed for use as a cluster development abuts a conventional single-family development, the cluster development shall be designed to provide an orderly transition between the two developments. Such a transition may be achieved by providing a buffer zone consisting of open space, additional landscaping, berms, changes in topography, or similar measures.
(6) Sidewalks. Sidewalks shall be provided along all public and private roads within the cluster development.
(7) Utility connections. Each dwelling unit shall be separately connected and metered for city water and sewer service.
(E) Determination of eligibility. The application for cluster development shall include documentation that the proposal satisfies one or more of the eligibility criteria set forth in division (B)(1) of this section. The Planning Commission shall make a preliminary determination whether the proposal qualifies for the cluster option, based on the submitted documentation.
(F) Effect of preliminary eligibility determination. Preliminary determination by the Planning Commission that a parcel qualifies for cluster development does not assure approval of the site plan. Such a determination, however, does give the applicant the opportunity to proceed further with site plan review.
(1) Acreage and density computations.
(2) Setbacks from all property lines and distances between all buildings and between buildings and roads.
(3) Proposed landscape screening along the perimeter and within the site.
(4) Specific locations of significant site features such as tree stands and water retention areas.
(5) Delineation of open space areas and detailed information concerning common access and proposed landscaping or other improvements within the open space.
(I) Recording of Planning Commission action. Each action taken with reference to a cluster development proposal, including the grounds for the action taken, shall be duly recorded in the minutes of the Planning Commission.
(J) Recording of documents. If the Planning Commission approves the cluster development proposal, all requirements and conditions upon which approval is based shall be included as part of the approved site plan. Easements, deed covenants or deed restrictions shall be drafted into recordable forms, reviewed and approved as to form by the City Attorney, and filed by the applicant with the appropriate county agency prior to the issuance of a building permit for any construction.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999