A. Purpose and Intent. The purpose and intent of this Section is to provide a development option for land in the rural and suburban portions of the City that provides development flexibility to build on smaller lots when open space exceeds the minimums of Section 8.8: Open Space. The conservation subdivision shall be designed in a way that protects natural features on the site and clusters development in a smaller footprint, providing an alternative to large lot subdivision forms. Conservation subdivisions intend to:
1. Conserve open space, floodplains, wetlands, river and stream corridors, and areas with unique natural features;
2. Promote rural character;
3. Protect existing environmental and natural resources;
4. Promote scenic views from public roadways;
5. Provide development flexibility to cluster homes in a smaller footprint to enhance open space and natural features; and
6. Provide reasonable economic use of land which may have unique environmental conditions that would otherwise make development undesirable.
B. Applicability. Conservation subdivisions shall be limited to development of single family detached residential dwellings on individual lots. Conservation subdivisions shall not be available for any other form of development or dwelling type.
1. Permitted Zoning Districts. Single family detached residential subdivisions of more than five (5) lots in the RLD, RMD, and PUD zoning districts may be developed as a conservation subdivision, in accordance with the standards of this Section.
2. Prohibited Zoning Districts. Conservation subdivisions shall not be permitted in any other zoning districts.
C. Review Procedure. Conservation subdivisions shall be reviewed as a preliminary plat in accordance with the procedures and standards in Section 3.4.15: Major Subdivision Preliminary Plat, only after approval of a conservation and development plan as required in this Section.
1. Conservation Subdivision Plan. Prior to review of a preliminary plat application for a conservation subdivision, an applicant shall develop a conservation subdivision plan for the land. The conservation subdivision plan shall be reviewed and approved, or approved with conditions, by the Director, in accordance with the standards of this Section.
2. Conservation Subdivision Plan Requirements.
a. Site Map. The applicant shall prepare a site map that analyzes existing conditions on the land proposed for the development site. The site map shall include: Property boundaries, topographic contours, proposed conservation areas, general plant material characteristics, general soil types, and all floodplains, wetlands, river and stream corridors and similar natural features.
b. Site Inspection. The Director shall schedule a site inspection of the land with the applicant. The applicant (or designee) shall attend the site inspection with a City staff member to familiarize staff with site conditions and natural features of the site. City staff, with the applicant, shall identify any potential issues for development and discuss development concepts including the configuration of streets, utilities and structures.
c. Final Plan. The applicant shall prepare a final plan for the conservation subdivision, identifying areas that shall be conserved and areas that shall be developed. The plan shall provide preliminary site improvements, proposed site development including utilities, streets and general areas intended for development. The final plan shall comply with all standards within Section 8.1.9.D: Conservation Subdivision Standards. After review and approval of the conservation subdivision final plan, a preliminary plat may be submitted and reviewed in accordance with Section 3.4.15: Major Subdivision Preliminary Plat.
D. Conservation Subdivision Standards.
1. Size. Conservation subdivisions shall be a minimum five (5) acres in size.
2. Minimum Conservation Area. The minimum conservation area for a conservation subdivision shall be at least fifty percent (50%) of the total site area. Conservation area may be used to achieve the requirements of Section 8.8: Open Space. Conservation area shall be delineated into two categories: primary conservation areas and secondary conservation areas.
a. Primary Conservation Areas. Primary conservation areas shall include the features identified below, but may also include pervious trails, public utilities, and street or driveway crossings:
i. Existing mature trees on the perimeter of the site;
ii. Special flood hazard areas, riparian buffers, wetlands, lakes, ponds and other bodies of water, wildlife corridors, and greenways;
iii. Areas at least 5,000 square feet in size with slopes greater than twenty five percent (25%);
iv. Sites designated or eligible for the National Register of Historic Places;
v. Areas with impermeable soils; and
vi. Habitat inhabited by endangered, threatened or protected species.
b. Secondary Conservation Areas. Secondary conservation areas shall include the features identified below, but may also include all uses in primary conservation areas, required drainage and utility easements, and individual water supply and septic systems:
i. Agricultural lands, including pastures;
ii. Woodland forests, fields and meadows;
iii. Areas with natural slope greater than twenty percent (20%), unless identified as a primary conservation area;
iv. Buffers;
v. Additional open space types dedicated to active recreation purposes; and
vi. Stormwater management facilities (up to ten percent (10%) of the required minimum fifty percent (50%) conservation area).
3. Density. Conservation subdivisions shall be limited to the maximum density permitted in the zoning district and land use area in which it is located.
4. Location. Conservation subdivisions shall be designed to minimize visibility from adjacent lands and arterial roadways. This shall be achieved through the use of buffers and conservation areas on the outer perimeter of the subdivision.
5. Lot Width. Due to the intent to cluster homes within a conservation subdivision, conservation subdivision lot widths differ from the required standards established in Section 4: Traditional Zoning Districts. Lot width shall be a minimum fifty (50) feet.
6. Lot Area. Due to the intent to cluster homes within a conservation subdivision, conservation subdivision lot area requirements differ from the required standards established in Section 4: Traditional Zoning Districts. Lot area shall be a minimum 7,500 square feet.
7. Lot Coverage. Due to the intent to cluster homes within a conservation subdivision, lot coverage requirements differ from the required standards established in Section 4: Traditional Zoning Districts. Lot coverage shall be a maximum fifty percent (50%).
8. Setbacks. Due to the intent to cluster homes within a conservation subdivision, setback requirements differ from the required standards established in Section 4: Traditional Zoning Districts. Minimum front setback shall be twenty (20) feet, minimum side setback shall be five (5) feet, and minimum rear setback shall be ten (10) feet.
E. Ownership and Maintenance of Conservation Areas.
1. Homeowner/Property Owner Associations. Conservation areas shall be owned and maintained by owners of the development through homeowner association or property owner association.
2. Nonprofit Organization. The owners of the development may convey a conservation area to a nonprofit organization for management and maintenance.