Cluster development is permitted in the R-l, R-2 and R-3 Districts to encourage and accommodate, in a unified project, creative and imaginative residential developments that utilize innovations in the technology of land development that are in the best interests of the City, and to allow greater flexibility and utilization of space than may be possible through the strict application of the minimum district requirements. These regulations are designed to achieve, among others, the following objectives:

   (a)   The creation of functional and interesting residential areas.

   (b)   The provision of readily accessible recreation areas and open spaces.

   (c)   The conservation of the natural amenities of the landscape.

   (d)   The separation of pedestrian and vehicular circulation.

(Ord. 58-01. Passed 5-29-01.)

   (a)   The area proposed to be developed as a cluster development shall be in single ownership, or, if in multiple ownership, all procedural applications shall be filed jointly by all owners of the properties included in the proposed development boundaries.

   (b)   The gross area of a tract of land in a cluster development shall be a minimum of five acres.

(Ord. 58-01. Passed 5-29-01.)

   The types of dwelling units that may be included as part of a cluster development are listed in Schedule 1266.03 for the district in which the cluster development is located.

   Schedule 1266.03

 

      (1)   The gross density of a cluster development shall not exceed the number of dwelling units per acre for the district in which the development is located as set forth in Schedule 1266.04(c).

      (2)   The maximum number of dwelling units for a particular site shall be calculated by multiplying the total land area, exclusive of public rights-of-way existing at the time the development plan is submitted, by the overall density permitted.

   Schedule 1266.04(c)

 

   Schedule 1266.05(a)

 

 

(Ord. 58-01. Passed 5-29-01.)

   The minimum common open space required in Section 1266.04 shall be provided as follows:

   (a)   The required common open space shall be located and designed to:

      (1)   Be sufficiently aggregated to create large areas of planned open space.

      (2)   Conserve significant natural features to the extent practicable.

      (3)   Be easily accessible to residents of the cluster development.

      (4)   Generally, be not less than 100 feet in width at any point, except for short segments which provide visual and pedestrian connections between larger open space areas.

      (5)   Be interconnected with open space areas on abutting parcels, wherever possible, by open space corridors.

   (b)   Land area devoted to the following shall not be included as meeting the common open space requirement:

      (1)   Public street rights-of-way, private roads and parking areas.

      (2)   Required setbacks between buildings, parking areas and project boundaries between buildings and public or private streets, unless the required setback is contiguous to and part of a larger area of open space.

      (3)   Private yards within subdivided lots.

      (4)   The land area within 15 feet of all dwelling units.

   (c)   Areas designated for common open space purposes may be:

      (1)   Preserved as wetlands, woodlands, lakes or ponds, historic sites, environmentally sensitive areas, or similar conservation-oriented areas;

      (2)   Used for active or passive outdoor recreation including but not limited to in-ground pools and tennis courts, but shall not include the area for recreation buildings or related parking; or

      (3)   Used for storm water retention and detention.

   (d)   Any common open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission. Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.

   (e)   The required common open space, including any recreational facilities proposed to be constructed in such space, shall be clearly shown on the development plan.

   (f)   The City may determine that private recreational facilities or common open space provided as a part of a cluster development are of equivalent value to provide, in part, open space and recreational opportunities for residents of the proposed development that would otherwise need to be provided by the City. In such case, the Planning Commission may waive all or a portion of the requirement for the dedication of land for public purposes in accordance with Section 1228.16. In making such a determination, the Planning Commission shall consider:

      (1)   The type and size of facilities provided;

      (2)   The availability of the facilities to the residents; and

      (3)   The likelihood that such facilities will lessen the need for additional public parks and public open space for the residents.

   (g)   Walkways shall be provided to connect residential areas to common open space areas and to provide convenient pedestrian access throughout the cluster development and from the cluster development to other areas of the community.

   (h)   Legal instruments setting forth the ownership and perpetual maintenance of the required common open space by the developer, homeowners' association or similar entity shall be submitted to the Law Director for review and approval.

   (i)   All common open space shall be prohibited from further subdivision or development by deed restriction, conservation easement or other agreement in a form acceptable to the Law Director and duly recorded in the office of the County Recorder.

   (j)   Subject to such permanent prohibition as set forth above, common open space in a cluster development may be owned by an association or by a similar entity acceptable to the City. The City may, but shall not be required to, accept dedication in the form of fee-simple ownership of the common open space.

(Ord. 58-01. Passed 5-29-01.)

   Each lot and building envelope within a cluster development shall have sufficient access to ensure safe and efficient traffic flow and reasonable ingress and egress for emergency vehicles. To this end, the street requirements for cluster developments are as follows:

      (1)   Provides access to detached single-family dwellings on subdivided lots.

      (2)   Is a major street that connects two existing public streets, is intended to provide a future continuing street system beyond the project boundaries, or is expected to accommodate pass-through traffic going to and from adjacent developments.

      (1)   The private street is not planned or expected to be extended to serve property outside the cluster development.

      (2)   Adequate utility easements are provided to the satisfaction of the City and the utilities.

      (3)   The design and layout of the private street provides adequate and safe access to the intended units, as determined by the Police and Fire Departments.

      (4)   A private street with single access shall provide access to no more than 12 dwelling units.

   (c)   Pavement Width. Private streets may be constructed with narrower pavement widths than required by the Subdivision Regulations for public streets, provided they comply with the minimum standards set forth in Schedule 1266.07(c).

   Schedule 1266.07(c)

 

 

      "The undersigned grantee(s) hereby acknowledge(s) that (he, she, they) understand that the premises described herein is located upon a non-dedicated, private street. And further, the grantee(s) understands that no government body is responsible for care and maintenance of said private street."

(Ord. 58-01. Passed 5-29-01.)

   As part of a cluster development, a homeowners association or similar legal entity shall be created so that, pursuant to Sections 1266.06 and 1266.07 above, such association is responsible for the maintenance and control of common areas, including the required open space and private streets. Such association shall become effective upon the sale of the first home in such development. At the time of final development plan approval, the applicant shall provide the Law Director with copies of the Declaration, Articles of Incorporation and Code of Regulations. No final development plan shall be approved without a written opinion from the Law Director stating that these submitted documents demonstrate full compliance with the provisions of this division in that these documents, read in their entirety, contain appropriate provisions implementing all of the following requirements.

   (a)   Membership in the Association shall be mandatory for all purchasers of lots or units in the cluster development. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be provided for as specified in the Association's Declaration or Code of Regulations.

   (b)   The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without an affirmative vote of 75% of its members; having established a successor entity to take over the property pursuant to the City’s Planning and Zoning Code; and the approval of the Planning Commission and City Council.

   (c)   The Association shall:

      (1)   Be responsible for maintenance, control and insurance of common areas, including the required common open space.

      (2)   Impose assessments on members for the maintenance, control and insurance of common areas, and have the power to place liens against individual properties for failure to pay assessments as provided for by the Association's Declaration Code of Regulations.

      (3)   Have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of, common areas by such means as reasonable monetary fines, suspension of the right to vote and the right to use any recreational facilities in the common area, the right to suspend any services provided by the Association to any owner, and the right to exercise self-help to cure violations.

   (d)   The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to entrance to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual units, houses and vacant building lots.

(Ord. 58-01. Passed 5-29-01.)

   If development is to be implemented in phases, each phase shall have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the applicable criteria set forth above. Each phase of development shall include a generally proportionate amount of the common required open space. Each phase shall be provided with temporary or permanent transitional features, buffers, or protective areas in order to prevent any adverse impact on completed phases, future phases, adjoining property and to assure acceptable assess for public safety forces.

(Ord. 58-01. Passed 5-29-01.)

   (a)   The applicant for a cluster development shall submit development plans in accordance with Chapter 1228. In reviewing plans for cluster developments, the Planning Commission shall determine that the development plan complies with the standards in Sections 1228.10 and 1228.11 and the following criteria:

      (1)   The buildings and uses within the proposed development shall be located to reduce any adverse influences and to protect the residential character of the areas adjacent to the development.

      (2)   The bulk and height of the buildings within the proposed development are compatible with the surrounding development.

      (3)   Roadway systems, service areas, parking areas, entrances, exits and pedestrian walkways within the development are designed so that access to public streets minimizes traffic hazards or congestion.

      (4)   The layout of parking areas, service areas, entrances, exits, signs, lighting, noise sources or other potentially adverse influences shall be designed and located to protect the residential character of areas adjacent to the development.

      (5)   Buildings and open spaces are in proportion and scale with existing structures and spaces in the surrounding area.

      (6)   Common open space areas are not unnecessarily isolated from one another by unrelated physical obstructions such as buildings and parking areas.

      (7)   Natural separations of dwelling types are created by careful planning of street and clustering of building uses, natural land features and open space for separation. Cul-de-sacs and loop streets, coupled with open spaces, should be used to achieve separation and create identity for sub-areas within the cluster development.

      (8)   Privacy for individual principal buildings shall be maintained through the use of landscaping and screening.

   (b)   Additional development requirements formulated to achieve the objectives of this chapter may be established at the time the cluster development plan is reviewed. Any such development requirements adopted with such plan shall become binding land use requirements for the proposed cluster development.

(Ord. 58-01. Passed 5-29-01.)