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The overall Cluster Housing development may not exceed the maximum density of the applicable zoning district. Site design and other constraints may work to limit maximum density more than the stated maximums. There shall be no right of approval of maximum density.
(Ord. 170-04. Passed 3-23-04.)
A 47.30 gross site area has 0.62 acres in existing right-of-way resulting in a developable parcel of 46.68 acres including flood hazard areas. The parcel is located in the RS9 Single-Dwelling Residential district, which has a maximum density of four units per acre for Cluster Housing per the Residential District Table in Section 1106.0101. The project site could contain 187 units
(46.68 x 4 = 186.72 or 187 units) on 187 lots.
(Ord. 170-04. Passed 3-23-04.)
A. A setback equal to the minimum front setback of the zoning district must be provided along the entire perimeter of the Cluster Housing development that is adjacent to any street or place.
B. A setback equal to the minimum rear setback of the zoning district must be provided along the entire perimeter of the Cluster Housing development that is not adjacent to any street or place.
C. Within the Cluster Housing development, the distance between dwelling buildings must be at least 10 feet.
(Ord. 170-04. Passed 3-23-04.)
A. Common Open Space must be provided in an amount equal to at least the difference between the:
1. Actual, average lot area per dwelling unit within the Cluster Housing development; and
2. Required lot area per dwelling unit for conventional development within the zoning district.
B. The common open space required by this section must be set aside as part of, or at the time of each phase of development. The common open space set aside for each phase must be proportionate to the overall level of development that will occur as part of each phase.
C. The landowner must establish an agency for the ownership of the common open space where such areas are to be retained in private ownership. The agency shall be set up so that individual lot owners will own a proportional share of the common open space. The document establishing ownership must be approved as to form and execution by the Law Department before the Lucas County Recorder may record it.
(Ord. 170-04. Passed 3-23-04.)
A. An enforceable maintenance agreement for any commonly owned areas, including but not limited to places and Common Open Space, must be created and recorded by the Lucas County Recorder. The agreement must be approved as to form and execution by the Law Department before it may be recorded.
B. In the event the agency established to own and maintain the Common Open Space, or any successor agency, shall at any time after establishment of the Cluster Housing development fail to fulfill any other obligation imposed on such agency as a condition of approval of the Cluster Housing development, the City may serve written notice upon such agency or upon the residents and owners of the Cluster Housing development, setting forth the manner in which the agency has failed to fulfill its obligation. The notice shall include a demand that such deficiencies be cured within the time specified within the notice. If such deficiencies are not cured within the specified time, the City in order to preserve the taxable values of the properties within the Cluster Housing development and to prevent the Common Open Space from becoming a public nuisance, may enter upon the Common Open Space and maintain the same and perform the other duties of the agency until such agency shall again resume its obligations. All costs incurred by the City in carrying out the obligations of the agency shall be assessed against the properties within the Cluster Housing development and shall become a tax lien on the properties.
(Ord. 170-04. Passed 3-23-04.)
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