El Reno City Zoning Code
ARTICLE VIII
Residential Cluster Subdivision
§ 361-51 Purpose and description.
A.
A residential cluster subdivision is designed to encourage a unitary site development plan for compact single-family and multifamily residential development. The concept of cluster development involves small minimum lot sizes on tracts of land developed as single entities for residential purposes. The cluster development regulations specifically encourage innovation so that the growing demands for housing may be met by greater variety in type, design and setting of dwellings and by the conservation of sensitive environmental area and more efficient use of land in general. The principal use of this district is for cluster housing.
B.
The residential cluster subdivision district is to provide controlled development of closely spaced, residential buildings with individual design characteristics and appearances, flexibility in design and more variety in residential development.
C.
The residential cluster housing district shall be used to promote development when one of the following property conditions exist on a portion of that property:
(1)
Marginal environmental area: officially designated floodplains, subsidence areas and other areas deemed environmentally marginal;
(2)
Transition area: where a demonstrated need exists to separate single-family dwellings from commercial or industrial establishments; or
(3)
Other area: The Planning Commission may designate and approve other areas as residential cluster subdivision districts subject to the final approval of the City Council and consistent with good zoning and planning practices.
D.
A residential cluster subdivision is designed to provide greater economy, efficiency and convenience in the siting of services and infrastructure, including the opportunity to reduce road lengths, utility runs, and the amount of paving required.
E.
This district will provide more efficient allocation of parks, recreation areas and open space. In order to encourage more attractive site planning and building appearances, the controls provided for in the site plan requirements and subdivision requirements are flexible in nature. All structures within this district shall meet the minimum firewall regulations set forth in adopted City building and fire codes.
§ 361-52 Districts where applicable.
The cluster residential subdivision shall only be available within the Residential and Agricultural Districts.
§ 361-53 Uses permitted; bedroom limitation.
A.
Residential cluster housing shall be used for the following purposes:
(1)
Single-family and two-family dwellings.
(2)
Accessory buildings and uses customarily incidental to the permitted uses.
(3)
Off-street parking necessary and incidental to residential occupancy of the property.
(4)
Private swimming pool, tennis court and other similar facilities in conjunction with the residence.
(5)
The following accessory uses, which are permitted as common facilities for the use or benefit of residents of the cluster subdivision as shown on the development plan:
(a)
Outdoor recreation facilities, including tennis courts, golf courses, swimming pools, basketball courts, playgrounds, docks, trails, community gardens, and other common outdoor recreational facilities;
(b)
Indoor recreational facilities, including a swimming pool, clubhouse, cabana, spa, tennis courts, and other common indoor recreational facilities; and
(c)
Storage facilities for cluster subdivision maintenance equipment.
B.
Bedroom limitation. In the absence of municipal sewer system to service the cluster subdivision, the number of bedrooms per unit shall be determined by the Canadian County Health Department and the City of El Reno Community Services Director based on standards and specifications for aerated septic systems established by the Oklahoma Department of Environmental Quality (ODEQ).
§ 361-54 Location.
A.
Marginal environmental area.
(2)
Residential cluster housing projects shall utilize that portion of the property defined as an environmental marginal area as common, open or green space for recreational purposes only. No dwellings, accessory buildings, streets or development of any type other than recreational purposes shall be allowed within the boundary of the environmental marginal area. All environmental marginal areas will be plainly delineated on the development plans and preliminary plat for residential cluster housing projects.
B.
Transition area. Residential cluster subdivision projects shall be located on property which separates residential districts from commercial districts. A demonstrated need must exist for such a residential cluster housing separation between a single-family residential district and a commercial district. It shall be the responsibility of the developer to demonstrate such a need for the separation.
C.
Other areas. Residential cluster subdivision projects shall be located on property considered appropriate consistent with good zoning and planning practices.
§ 361-55 Development standards.
A.
Site size. The residential cluster housing residential dwelling districts shall not be allowed on tracts of land less than five contiguous acres.
B.
Intensity of use. In no case shall there be more than eight dwelling units per acre.
C.
Coverage. Total lot coverage, including main and accessory buildings, access drives and parking, shall not cover more than 55% of each lot of the cluster housing development. Thirty-five percent of a residential cluster housing development's acreage shall be dedicated to open space, common areas or green areas suitable for recreational use with maintenance and operation provided by the property owners' association.
D.
Lot size. Lots shall have a minimum width of 40 feet at the building line. A minimum of 2,000 square feet shall be within each lot.
E.
Setback requirements.
(1)
Front yard. All buildings shall be set back from the street right-of-way line a minimum of 10 feet.
(2)
Side yard.
(a)
There shall be a minimum of 10 feet between each single-story dwelling structure. Two-story dwelling structures shall require a minimum of 15 feet between dwelling structures. All allowed multiplex structures shall provide side walls which are fireproof and meet or exceed the City building and fire codes.
(b)
On any corner lot, a building shall be set back a minimum distance of 10 feet from both street right-of-way lines.
(c)
When a lot abuts another dwelling district, the building on such lot shall have a side yard setback minimum of 10 feet from the side property line abutting the zone.
F.
Height regulations. No building shall exceed 2 1/2 stories or 35 feet in height.
G.
Fire regulations. All cluster housing shall meet the minimum firewall regulations and requirements set forth in the current adopted City building and fire codes. The placement and construction of firewalls shall first be approved by the Fire Marshal and the Building Inspector.
H.
Open space, common areas or green areas. Fifty-five percent of a residential cluster housing development's acreage shall be dedicated to open space, common areas or green areas suitable for recreational use, with maintenance and operation provided by the property owners' association. Land under private group or unit ownership (property owners' association) shall be used for open recreation space in this district when designated as open space, common area or green area on a plat, provided:
(1)
The agreements, provisions or covenants which govern the use, maintenance and continued protection of the space are submitted for approval with the final plat; and
(2)
Upon approval of the final plat, there shall be an easement recorded in the County Clerk's office, running with the land to the unit or group responsible for the area, limiting uses of such space to an open area without buildings or structures for which a building permit is required and which easement shall not be revoked without consent of the City commission.
I.
Parking. When off-street parking is necessary, development shall follow § 361-16 of this chapter.
K.
Services.
(1)
The proposed cluster subdivision must comply with the requirements for water, sewage and storm drainage as required for preliminary subdivision plat applications, final plat applications, minor subdivision applications, or property split subdivision applications, as applicable.
(2)
Water and sanitary sewer facilities shall be designed and installed in accordance with local and state standards. Municipal or common systems shall be located within the rights-of-way of the internal street system. The design and layout of such facilities must have prior written approval of the appropriate local and state authorities. Such facilities shall be installed at the expense of the developer.
(3)
All dwelling units shall be served by the City of El Reno/El Reno Municipal Authority or similar system if access to such system is available within 1,000 feet of the site; otherwise, all units shall be served by a single or community water system or individual wells.
(4)
All dwelling units shall also be served by the municipal sewerage system is access to such a system is available within 1,000 feet of the site; otherwise, all units shall be served by a single or community sewerage system.
(5)
In the absence of municipal sewer system to service the cluster subdivision, the number of bedrooms per unit shall be determined by the City of El Reno Community Services Director and the Canadian County Health Department following standard specifications prescribed by the Oklahoma Department of Environmental Quality (ODEQ).
L.
Sidewalks. In addition to the standards in § 361-29, sidewalks shall be provided in all cluster housing areas or when deemed that sidewalks will provide essential pedestrian access to a community center, shopping or public facilities such as parks, schools, etc. Sidewalks will be constructed in accordance with the City of El Reno Construction Standards Manual.
M.
Streets.
(1)
All roads and streets developed within the cluster subdivision shall be designed and constructed in accordance with the City of El Reno Construction Standards Manual and shall also be designed in a manner so as to limit the amount of impact on the open space areas of the subdivision.
(2)
Private roads shall not be permitted in cluster subdivisions.
N.
Design requirements.
(1)
Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.
(2)
Natural surface drainage channels shall be either incorporated into the overall site design or shall be preserved as part of the required open space.
(3)
Lots, buildings, streets, parking areas, and cluster units shall be designed and arranged to:
(a)
Minimize alteration of the natural site feature to be preserved;
(b)
Relate to surrounding properties;
(c)
Improve the view from and view of buildings;
(d)
Lessen the area devoted to motor vehicle access; and
(e)
Avoid the adverse effects of noise, shadows, lights, and traffic on the residents of the development.
O.
Management requirements. An integral part of the cluster subdivision development plan submission requires the preparation and presentation to the Municipal Planning Commission, by the developer, of the proposed articles of association or incorporation which establish the homeowners' association. Said document must be approved, in writing, by the Municipal Planning Commission prior to the granting of development approval. Any proposed changes in such articles of association or incorporation shall require the prior written approval of the Municipal Planning Commission. The following shall apply to the provisions of the articles of association or incorporation:
(1)
Membership.
(a)
Membership in the homeowners' association shall be mandatory for cluster subdivision property owners and made a required covenant in all deeds issued or passed.
(b)
The association shall provide voting and use rights in the open space area(s) when applicable and may charge dues or levy assessments to cover expenses, which may include tax liabilities of common areas and for the maintenance of such common areas, open space areas, improvements, rights-of-way, utilities, etc.
(c)
Such organization shall be responsible for the perpetuation, maintenance, and function of all common lands, uses, and facilities.
P.
Restrictive covenants.
Q.
Continuance of restrictive covenants and the association.
(1)
Such restrictive covenants and the association shall continue in effect so as to control the availability of facilities for their intended function, and to protect the development from additional unplanned densities and use.
(2)
Such association shall not be dissolved, nor shall such association dispose of any common, open space, or natural land by sale or otherwise, except to an organization or association conceived and organized to own and maintain such areas, without prior written consent of the El Reno City Council.
R.
Open space land.
(1)
Except as may otherwise be allowed by the Metropolitan Planning Commission and City Council in accordance with this article, any and all open space lands within a cluster residential development tract shall be held in common ownership by the dwelling unit owners.
(2)
All open space, however, has been set aside to lessen the environmental impact of subdivisions on the City. Therefore, any change in the open space, other than to maintain it in reasonable order and condition in accordance with the approved final plan, requires prior written approval of the Metropolitan Planning Commission and City Council.
S.
Failure to maintain open space areas.
(1)
Notification by City. In the event that the organization established to own and maintain the open space areas, or any successor organization, or the owner or owners of the dwelling units located within the development who own said open space shall, for any reason, fail to maintain the open space in reasonable order and condition in accordance with the approved final plan, the City Council shall serve written notice upon such organization, successor organization, or residents setting forth the deficiencies in the maintenance, order, and condition of the open space.
(2)
Contents of notice. Such notice shall include a demand that said deficiencies be cured forthwith and that a statement of intent to comply and a date of compliance shall be filed with the City Council within 14 days of said notice.
(3)
Public hearing. If such maintenance shall not have been performed or said statement of intent shall not have been filed by the stated time, the City Council shall hold a public hearing, with notice to the officers of the organization and notice as required by the Official Code of the City of El Reno. At the hearing, the organization or the residents of the development shall show cause why such maintenance has not been performed.
(4)
Court action. Following the hearing, the City may initiate court action to remedy the violation, including the right to enter and perform the necessary maintenance, the right to recoup costs associated with such maintenance, the right to place liens on individual units, the right to levy fines, and the right to collect attorney's fees.
(5)
Compatibility with existing documents. Provisions of this section shall in no way be in derogation of, or supplant the rights of the City as provided in any declaration or other documents related to a cluster which are recorded in the covenants, conditions and restrictions filed with the final plat with the Clerk of Canadian County.
T.
Cost of such maintenance by the City.
(1)
The cost of such maintenance by the City shall be assessed against the properties in the development in direct relation to their proportionate interest in the common area and shall become a tax lien on said properties.
(2)
At the time of entering upon said common areas for the purpose of maintenance, notice of such lien shall be filed in the office of the Clerk of Canadian County.
U.
Development plan review. In addition to the platting requirements outlined in Chapter 312, Subdivision of Land, all applications for zoning classification as a residential cluster subdivision shall follow the following process for review and rezoning approval:
(1)
Site plan review. The purpose of the site plan is to safeguard the developer from unnecessary loss of time and expense in preparation of a residential cluster subdivision site plan and plat while also ensuring that the proposed development complies with the Comprehensive Plan and intent of this article. The site plan can be submitted for review and comment to the Municipal Planning Commission prior to preparation of a preliminary plat or may serve as the preliminary plat if all requirements outlined in Chapter 312 are met.
(b)
Phased development. In cases where a residential cluster subdivision is to be developed in stages with additional plats being filed with the Municipal Planning Commission at a later date(s), the site plan will include a reasonably accurate sketch form of the entire tract which will show the future street system, lot configuration, and open space allocation for each phase.
(2)
Modification of plans. Any proposed amendment, deviation or change to an approved final site plan must be reviewed by the Community Services Director to determine whether the proposed change constitute a minor or major modification. A major modification is required for changes which include: