1143.05 PLANNED CLUSTER DEVELOPMENT.
   (a)   Permitted Zones. A Planned Cluster Development shall be permitted only in Zoning Districts as found in Chapter 1145.
   (b)   Site Standards.
      (1)   A Planned Cluster Development may be permitted only on land of ten acres or more; and
      (2)   A Planned Cluster Development shall consist of not less than twenty (20) dwelling units contained within not less than five principal buildings; and
      (3)   A Planned Cluster Development shall be served by a public water supply and be connected to the public sanitary sewer; and
      (4)   The site for any Planned Cluster Development shall have public street frontage to construct the necessary road(s) needed to serve the development. Such frontage shall not be less than three times the frontage required by the district regulations in which the development is located.
      (5)   Individual lot size within the Planned Cluster Development may be reduced and the regulations, with respect to yard requirements, lot area and width required by the district regulations, may be modified if the Planning Commission finds that the proposed development conforms to the design standards of City Code Section 1143.02. Open space resulting from reduced lot size shall be utilized in accordance with subsection (c)(3) hereof.
   (c)   Development Standards.
      (1)   The number of dwelling units within a Planned Cluster Development shall be determined by dividing the net land area of the subject property by the area of the minimum lot size permitted for the zoning classification, in which the development is located. In the event that the subject property is classified in two or more zoning classifications, the density shall be determined by using the net land area described above for each zoning classification; and
      (2)   The open space resulting from the Cluster Development of reduced lot sizes shall be considered common open space for the enjoyment and benefit of all residents of the development. Primary access from such common open space to each building site need not be provided; however, convenient access through permanent easement must be provided and perpetually guaranteed to all residents of the development. Open space included with the Cluster Development shall not be utilized for future residential building sites or for accessory buildings; and
      (3)   All or any part of the open space may be dedicated to the City and operated as a City recreational facility; provided however, that no substantial permanent improvements above ground shall be permitted; and
      (4)   If the open space is not dedicated to the City, the space to be reserved for use by resident property owners shall be assigned to a home-owners association or some comparable type of organization establishing common ownership and maintenance criteria for all common open space. Such ownership document shall be submitted to and approved by the Planning Commission; and
      (5)   Open off-street parking areas shall be screened with shrubbery, trees, or decorative fence if said parking area is designed for six or more vehicles. Such screening shall be included in the development plan.
   (d)   Required Plans, Plats, and Procedures.
      (1)   Any applicant for a Planned Cluster Development under these regulations shall file an application with the Zoning Administrator. The application shall include all the following information:
         A.   A statement describing the general character of the intended development, together with such pertinent information as may be necessary to determine that the contemplated development conforms to the requirements of this Planning and Zoning Code and the general and specific standards established herein.
         B.   A site plan indicating the arrangement and location of buildings, uses proposed, open space and landscaped area, pedestrian walkways, parking and loading spaces and facilities and other special features of the development plan.
         C.   Architectural elevations and perspective drawings of all proposed structures and improvements.
         D.   A landscape plan, including a comprehensive drainage plan.
         E.   Ownership declaration: such declaration shall be filed with the Zoning Administrator during the application filing if the Planned Cluster Development premise is proposed to be in condominium ownership. Articles of incorporation and declaration of covenants and restrictions shall be examined and evaluated by the Planning Commission, in terms of statement of purpose, standards and requirements contained therein. Planned Cluster Development shall be recommended to the City Council for approval, only after a determination has been made that the proposed development does in fact serves such purpose and complies with such standards and requirements pursuant to this Planning and Zoning Code.
      (2)   The Planned Cluster Development shall be examined and evaluated by the Planning Commission in terms of the statement of purpose contained herein. Recommendation for approval may be made only after a determination has been made that the proposed development does in fact serve such purpose as contained in this Planning and Zoning Code.
         (Ord. 074-10. Passed 12-20-10.)