A. Purpose.
1. The purpose of the cluster development option is to provide:
a. Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites possessing unique or severe topographic or hydrologic features;
b. Protection of natural, historic and man-made elements of scenic, environmental or cultural significance;
c. Design innovation;
d. Flexibility in the siting of structures and roadways;
e. More cost-effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services;
f. Additional open space for private or community purposes;
g. Protection of existing neighborhoods through the provision of open space buffers and the location of structures;
h. A preferred planning tool for the development of land within the buffer overlay zone, Chapter 18.67.
B. Definitions. Certain terms used in this section shall be defined, for purposes of this section only, as follows:
1. Cluster grouping: A designed contexture of residential units and their accessory facilities which may be used as a repetitive motif to form a cluster pattern. Each cluster grouping shall be separated by landscaped areas or natural open space to form the larger cluster development.
2. Cluster open space: Open space, either natural or functional, provided to compensate for lot size reductions from minimum lot area requirements in the applicable zone.
3. Common open space: Land area within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. Common open space may be either natural open space or functional open space, as defined in this section.
4. Contexture: A body or structure made by the interweaving or putting together of parts where the arrangements and union of the constituent parts form a characteristic, unified whole.
5. Public open space: Open space owned by a public agency, such as Pima County, and maintained by it for the use and enjoyment of the general public.
6. Review committee: Review committee means design review committee (refer to Section 18.99.030, DRC).
C. Scope: The cluster development option is permitted in the following zones:
1. RH: Refer also to Section 18.13.070 (RH rural homestead zone);
2. GR-1: Refer also to Section 18.14.060 (GR-1 rural residential zone);
3. ML: Refer also to Section 18.15.060 (ML mount lemmon zone);
4. SR: Refer also to Section 18.17.060 (SR Suburban Ranch Zone);
5. SR-2: Refer also to Section 18.18.050 (SR-2 suburban ranch estate zone);
6. SH: Refer also to Section 18.19.050 (SH suburban homestead zone);
7. CR-1: Refer also to Section 18.21.050 (CR-1 single residence zone);
8. CR-2: Refer also to Section 18.23.050 (CR-2 single residence zone);
9. CR-3: Refer also to 18.25.050 (CR-3 single residence zone);
10. CMH-1: Refer also to Section 18.33.060 (CMH-1 county manufactured and mobile home—1 zone).
D. Permitted uses and accessory structures.
1. Uses:
a. Residential subdivided lots and units, as permitted in the zones listed in Section 18.09.040(C),
b. Cluster open space, as defined in Section 18.09.040(B);
2. Accessory buildings and structures:
a. In individual, subdivided lots:
1) Permitted coverage: Ten percent of lot area,
2) Maximum height: Fifteen feet,
3) Minimum setback: In accordance with applicable county building codes (Title 15),
b. In functional open space areas:
1) Permitted coverage: Three percent of required area,
2) Maximum height: Thirty-four feet,
3) Minimum setback: In accordance with applicable county building codes (Title 15).
E. Development standards.
1. Minimum site area: None, all permitted zones.
2. Average site area per dwelling unit (maximum density factor):
a. ML/CR-1/GR-1: Thirty-six thousand square feet;
b. SR: One hundred forty-four thousand square feet;
c. SH: Eighteen thousand square feet;
d. SR-2: Seventy-two thousand square feet;
e. CR-2: Sixteen thousand square feet;
f. CMH-1: Eight thousand square feet;
g. CR-3: Eight thousand square feet;
h. RH: One hundred eighty thousand square feet.
3. Minimum lot area per dwelling unit (minimum allowable lot size):
a. Sewered lots: No minimum lot size, as may be approved by the review committee.
4. Minimum setback requirements: As may be approved by the review committee, consistent with the requirements of major streets and scenic routes plan and the Arizona Department of Health Services.
5. Maximum height: Thirty-four feet.
6. Minimum distance between buildings: As may be approved by the review committee.
7. Minimum distance between cluster groupings: As may be approved by the review committee.
8. Cluster groupings:
a. All residential units may be common-walled or detached, but shall not be formed into cluster groupings that exceed six common-walled residential units each, unless approved by the review committee.
b. Cluster groupings shall be separated by cluster open space to provide spatial definition between groupings, and shall be as approved by the review committee.
9. Utilities:
a. Utilities and sewers shall be located within the developed portion of the site wherever possible to reduce the future impact of maintenance and repair activities on cluster open space.
b. Public sewers shall be designed such that manholes are located in paved areas which have paved access, unless otherwise approved by the director of the wastewater management department.
10. Excess cut and fill material shall be disposed of in accordance with Chapter 18.81 (Grading).
11. Roads: All streets and highways must have horizontal and vertical alignment consistent with an approved design speed, and roadway geometrics consistent with an approved design vehicle, as specified in criteria available from the department of transportation and flood control district.
12. Landscaping: In accordance with Chapter 18.73 (Landscaping Standards).
13. Buffers:
a. Buffers shall be provided to protect existing neighborhoods by mitigating the adverse impacts of sound, visibility and traffic.
b. Buffers may include landscaping, walls, fences, pathways, drainageways, natural features, existing vegetation and natural open space (refer to Chapter 18.73, Landscaping Standards).
14. Exterior lighting: Any lights used to illuminate parking spaces, drives and recreation facilities shall be in accordance with the county outdoor lighting code (Title 15).
F. Open space requirements.
1. Cluster open space area and ratio requirements: Cluster open space shall comprise at least thirty percent of the gross site area and be equal to or greater than the difference between the total area of the residential lots to be subdivided and the required average site area per dwelling unit total in the applicable zone.
2. Cluster open space ownership and control shall be only:
a. As part of an individual, private lot with recorded covenants running with the land;
b. By a homeowner's association, as specified in this section; or
c. By Pima County, as legally dedicated to and approved by the board of supervisors.
3. Third-party ownership of cluster open space shall not be allowed. The association may enter into contracts or lease agreements to allow third-party operation of uses permitted within functional open space, as defined in this option.
4. Natural open space adjacent to public parks, preserves or county-maintained stream channels may be deeded to Pima County as public open space, if approved by the board of supervisors.
5. Cluster open space shall be an integral part of the site design and shall be within the boundaries of the cluster development it serves.
6. Phased developments shall provide cluster open space for each phase, so that each phase may stand alone in conformance with Section 18.09.040(K).
7. Cluster open space shall not include public or private streets, driveways, parking areas, channelized drainageways, and disturbed, unvegetated areas.
8. Final plats shall be delineated and annotated to reflect the cluster open space requirements.
G. Cluster development plan requirements.
1. A cluster development procedures checklist, to aid in the preparation of the plan, shall be available from the planning and development services department.
2. The development plan for cluster review shall include:
a. A site analysis, in accordance with county "Site Analysis Requirements" document, Section IV, A through L;
b. A preliminary development plan, in accordance with Section 18.91.030(E) (Zoning Code Amendments and Zone Changes);
c. An evaluation of the effect of the proposed development, in accordance with county "Site Analysis Requirements" document, Section V, B through P;
d. Architectural renderings, elevations and perspectives, as required, to present the style, color, materials and context of proposed structures;
e. Delineation of cluster open space and calculations for its derivation;
f. Landscape plan, in accordance with Section 18.73.030 (Landscaping Standards); and
g. Any descriptive data that may be appropriate, including drafts of the proposed covenants, conditions and restrictions that will apply to the cluster project.
H. Review committee. Proposed plans in a cluster development shall be reviewed by the design review committee (refer to Section 18.99.030, DR).
I. Cluster development review procedures.
1. Preliminary review:
a. Preliminary review by the development services department is required for all proposals prior to the submittal of a cluster development plan. The preliminary review procedures shall be as listed in the cluster development checklist in accordance with Section 18.09.040(G).
b. The developer shall consult with other agencies and parties potentially interested in the development, such as other county departments, all affected utility companies, and homeowners' and neighborhood associations, and property owners within the notice area as required by Section 18.09.040(I)(4)(a).
2. Submittal: Application for cluster development plan review shall be subject to the procedures and requirements listed in the checklist prepared by the development services department and submitted in writing together with required fees to the development services department, along with the required number of copies of the plan, as prepared in accordance with Section 18.09.040(G).
3. Compliance review: The development services department shall review the plan for compliance with the cluster development checklist and this section, and shall, in writing, either accept or reject the plan for further review within thirty days of plan submittal:
a. If accepted, copies of the plan shall be transmitted to appropriate county staff for review and comment. The plan shall be scheduled for the next regularly scheduled review committee meeting that is scheduled to occur at least thirty days after the date of acceptance. Notice of the public hearing shall be provided as required in this section.
b. If rejected, the developer may:
1) Resubmit the plan with the appropriate corrections and development services department staff shall, in writing, either accept or reject the plan for further review within thirty days of plan submittal; or
2) Appeal to the review committee at a regularly scheduled meeting. The review committee may then either accept or reject the resubmitted plan for review at a future meeting.
4. Review Committee notice and hearing:
a. Notice of the review committee hearing shall be mailed, at least fifteen days prior to the meeting, to owners of property within three hundred feet of the applicant's property line, except that notice shall be expanded to include owners of property within 1,000 feet if the existing zoning of the applicant's property is RH, SR, SR-2, GR-1 or CR-1. In addition, notice shall be sent to any affected neighborhood association and to any affected homeowners' association, as defined by section 18.99.020(A)(1). Notice shall also be provided at least fifteen days prior to the meeting by publication once in a newspaper of general circulation in the county seat.
b. The review committee shall hold a public hearing on the request.
5. Review committee decision:
a. The review committee shall review the cluster development plan for conformance with the purpose and requirements of this section and of this code, and refer to design guidelines and standards contained in the cluster design review manual. In acting on a proposed cluster plan, the review committee shall give particular consideration to the following criteria:
1) Individual lots, buildings, streets, and parking areas shall be designed and situated to minimize alteration of the natural and historic site features and structures to be preserved.
2) The utility of functional open space shall be determined by the size, shape, topographic, and location requirements of the particular purpose proposed for the functional open space.
3) Cluster open space shall include irreplaceable natural features if located in the site (such as, but not limited to, watercourses, significant stands of vegetation and trees, individual trees and cacti of significant size, rock outcroppings, peaks, ridges and slopes).
4) Cluster open space intended for a recreation or common use shall be easily accessible to pedestrians, and accessibility shall meet the needs of the handicapped and elderly.
5) The suitability of cluster open space intended for scenic purposes shall be determined by its visual impact and quality as seen from a significant number of units, buildings or by its visibility along the nearest lengths of public or private streets, and shall be validated in the site analysis.
6) Suitability of individual building types and designs shall be determined by how well they function and relate to the natural constraints of the site.
7) Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view of buildings, and to minimize the land area devoted to motor vehicle access.
8) Individual lots, buildings, units, and parking areas shall be situated to avoid the adverse effects of pollution, noise, lighting and traffic on the residents of the site.
9) Sites, structures and landmarks having a potential for historic preservation shall be identified and, where possible, be integrated into the development plan as a designed feature of the project.
b. The review committee may deny the proposed project design; or approve the proposed project design, or approve the proposed project design with conditions; or continue the hearing until a future meeting pending submittal of additional information.
c. If the review committee approves the cluster development plan with conditions the design review committee shall specify the general conditions and revisions that shall be met before the plan can be approved.
d. If approved without modification, the developer shall comply with Chapter 18.69 (Subdivision Standards) and submit the required documents and fees to the development services department subdivision coordinator.
e. If approved subject to modification, the developer may:
1) Submit the revised plan to the development services department for final compliance review; or
2) Appeal any review committee requirements in accordance with Section 18.09.040(I)(6).
f. If the plan approved by the review committee constitutes a substantial change from a preliminary development plan previously approved by the board of supervisors, the following applies:
1) The planning director shall schedule a duly noticed public hearing at which the board of supervisors shall be requested to consider the cluster development option plan in lieu of the previously approved preliminary development plan.
2) The request shall be at the fee established by the board of supervisors for an unadvertised public hearing and shall specifically cite the substantial change or difference between the two plans. The request shall provide the rationale for the review committee's recommendation.
3) The supervisors' directions shall be applied to the cluster option plan, which shall be further processed in accordance with Section 18.09.040(I).
g. Projects requiring a rezoning:
1) A cluster project requiring a rezoning shall first be heard by the planning and zoning commission at public hearing before being heard at a public hearing before the review committee.
2) Following a decision by the review committee, the board of supervisors shall review the project at a public hearing. If the board approves the rezoning with the design of the project per the review committee decision, the project shall comply with all requirements for approved rezonings. If the board approves the rezoning with modifications to the review committee decision, the board may remand the project back to the review committee for review at a regularly scheduled public meeting prior to approval of the final plat for conformance with the direction of the board and the requirements of Section 18.09.040.
h. Written decisions of the review committee shall be available within five working days of the meeting.
6. Appeal of review committee decision:
a. Decisions, conditions and requirements specified by the review committee may be appealed to the board of supervisors by the developer, by owners of property abutting (or across the street from) the project site, or by a homeowners' or neighborhood association of record that includes those properties abutting (or across the street from) the project site. A written appeal shall be directed to the planning director within ten working days of the review committee decision for scheduling of a noticed public hearing. Reasons for and evidence to support the appeal shall be stated in the written notice of appeal. Notice of the appeal hearing shall be provided to all who received notice of the review committee meeting at which the decision, conditions or requirements being appealed were established. The public hearing shall be scheduled for the next regularly scheduled board meeting that is scheduled to occur at least thirty days after the date the appeal is submitted.
b. The fee for the appeal before the board of supervisors shall be the same as for an advertised public hearing and shall be paid at the time the written request for appeal is submitted for review.
c. At the hearing to review the appeal, the board of supervisors may approve the design, conditions, or requirements of the project appealed, approve subject to modifications the design, conditions, or requirements of the project being appealed, or deny the design of the project being appealed.
d. If the board of supervisors approves the project design subject to modifications, the board may remand the project back to the review committee for review at a regularly scheduled public meeting prior to approval of the final plat for conformance to the directions of the board of supervisors and the requirements of Section 18.09.040.
e. If the board of supervisors denies the appeal, the applicant may resubmit a new application for a cluster project at any time, provided that the new submittal substantially differs from the project denied by the board. The new submittal must include a statement showing how the new project differs substantially from the project denied by the board. Review of the new submittal shall conform to all requirements of Section 18.09.040.
7. Final compliance review: All plans revised in conformance with the decisions of the review committee or the supervisors shall be submitted to the development services department for final compliance review prior to submittal of a tentative plat. A compliance decision shall be provided within five working days of the revised plan submittal.
8. Tentative plat submittal: Following final cluster development option compliance approval, the developer shall submit to the planning and development services department the following:
a. A tentative subdivision plat for review, in accordance with Chapter 18.69 (Subdivision Standards);
b. Approved cluster arrangements and schematic elevations, keyed to the approved cluster site plan;
c. A type 2 grading plan, in accordance with Section 18.81.060 (Grading);
d. Delineation of cluster open space;
e. Landscape plan, in accordance with Section 18.73.030 (Landscaping Standards);
f. Proposed covenants for the development; and
g. Documentation outlining the proposed percentage of development to be accomplished prior to the homeowners' association assuming responsibility for the maintenance of common areas and property (reference Section 18.09.040J2).
9. Time limits:
a. Approval of a cluster development plan shall be effective for two years from the date of final compliance approval, unless a tentative plat has been approved in accordance with Chapter 18.69 (Subdivision Standards).
b. Failure to record a final plat within four years of the review committee approval date shall require a project feasibility review and approval to proceed by the planning and development services director, who shall determine the need for additional cluster option review, based on land use changes surrounding the site area during the four-year period.
J. Homeowners' Association. The applicant shall submit for recording a set of covenants, running with the land, providing for the creation of a homeowners' association. The covenants shall contain the following provisions:
1. A hold-harmless clause assuring that Pima County is not responsible for maintenance or liability of the private and common areas of the development, which shall include, but not be limited to:
a. Cluster open space,
b. Parks,
c. Buffers,
d. Landscaping,
e. Recreational facilities,
f. Streets and trails, and
g. Private sewers, utilities and septic systems;
2. The association's structure and its operating rules and regulations must be documented and approved before any lots or residential units are sold. The developer shall present, for design review committee approval, a plan for the transfer of all common areas and facilities control to the homeowners. The transfer of control may be based on an elapsed time period or the number or percentage of lots sold.
3. All common open space and improvements shall be established and maintained in accordance with the following requirements:
a. The applicant or developer shall provide for and establish a nonprofit organization or other legal entity under the laws of Arizona for the ownership, care, and maintenance of all such lands and improvements,
b. Such organization shall be governed by covenants running with the land and shall be composed of all persons having ownership within the subdivision. Such organization shall be responsible for the perpetuation, maintenance and function of all common lands, uses, and facilities,
c. All common open space and improvements shall be described and identified as to location, size, use, and control in the covenants, and such covenant shall set forth the method of assessment for the maintenance of such land. The covenants shall be written so as to run with the land and be in full force and effect for a period of not less than twenty-five years, and shall be automatically extended for successive periods of twenty-five years unless terminated in a manner set forth hereinafter. The covenants shall become part of the deed to each lot or parcel within the development,
d. Such restrictive covenant and organization shall continue in effect so as to control the availability of the facilities and land thereby provided, to maintain the land and facilities for their intended function, and to protect the development from additional and unplanned densities or uses. Such organization shall not be dissolved, nor shall such organization dispose of any common open space, by sale or otherwise,
e. No common open space shall be denuded, defaced, nor otherwise disturbed in any manner not previously approved without the approval of the board of supervisors,
f. The covenants shall provide that in the event the homeowners' organization established to own and maintain such common open space and improvements shall at any time after establishment of the development fail to maintain the common open space and improvements in reasonable order and condition in accordance with the approved plans, the county may serve notice in writing upon such homeowners' organization or upon the homeowners within the development setting forth the manner in which the homeowners' organization has failed to maintain the common open space and improvements in reasonable condition, and said notice shall contain a demand that such deficiencies of maintenance be cured within thirty days thereof, and shall state the date and place of a public hearing thereon which shall be held within twenty days of the notice,
g. At such hearing the county may modify the terms of the original notice as to the deficiencies and may grant an extension of time within which they shall be cured,
h. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said thirty days or any extension thereof, the county, in order to preserve the taxable values of the properties within the development and to prevent the common open space and improvements from becoming a public nuisance, may enter upon said common open space and maintain the same for one year,
i. Said entry and maintenance shall not vest in the public any rights to use the common open space and improvements, except when the same is voluntarily dedicated to the public by the owners,
j. Before the expiration of said one-year period, the county shall, upon its initiative or upon the request of the homeowners' organization responsible for the maintenance of the common open space and improvements, call a public hearing upon notice in writing to such organization or to the homeowners within the development, to be held by the supervisors, at which hearing the organization shall show cause why such maintenance of the county shall not, at the election of the supervisors, continue for a succeeding one-year period,
k. If the supervisors determine that such organization is ready and able to maintain the common open space and improvements in reasonable condition, the county shall cease to maintain the common open space and improvements at the end of said one-year period,
l. If the supervisors determine that such organization is not ready and able to maintain the common open space and improvements in a reasonable condition, the county may, in its discretion, continue to maintain the common open space and improvements during the next succeeding year, and subject to a similar hearing and determination in each year thereafter,
m. The covenants shall further provide that the cost of such maintenance by the county shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and improvements, and shall become a charge on said properties, and such charge shall be paid by the homeowners of said properties within thirty days after receipt of a statement.
K. Phased development.
1. Approval may be given for the development of delineated phases of the site, after submittal of a unified cluster site plan for the total project. The phased portions shall be shown on the subdivision plat.
2. Open space requirements for each phase shall be the same as stated in Section 18.09.040(F). Separate homeowners' associations with provisions for expansion or consolidation may be created. Prior to the sale of any lot, site, unit or dwelling in a phased portion, the open space and recreation areas in that portion shall be designated, recorded and developed or maintained in conformance with the approved development plan.
L. Amendments to final plan.
1. Unsubstantial changes in the location, siting or character of buildings may be authorized by the planning and development services director, if required by engineering or other circumstances not foreseen at the time of the final subdivision plat approval.
2. Substantial changes to the approved cluster site plan shall require a complete, new review of the entire project, to include additional fees, plan submittals and meetings in accordance with this section.
(Ord. 2011-2 § 4 (part), 2011; Ord. 2009-3 § 1, 2009; Ord. 1998-51 § 2, 1998; Ord. 1996-58 § 4 (part), 1996; Ord. 1994-147 § 3 (part), 1994; Ord. 1988-116 § 4, 1988; Ord. 1986-187 § 1 (part), 1986; Ord. 1985-187 § 1 (part), 1985; Ord. 1985-111 § 1 (part), 1985; Ord. 1985-82 (part), 1985)