A.

The regulations of this section are intended to encourage development design that is more efficient and provides more open space and greater natural resource protection than conventional development designs. Cluster development and conservation development designs allow more compact and less costly networks of roads and utilities. They can also help reduce stormwater runoff and non-point source pollutant loading rates and can be used to preserve an area's semi-rural character. Cluster developments and conservation developments are intended to reduce stormwater runoff and flooding, preserve natural resources, protect water quality and encourage the provision of needed open space and recreational amenities for residents.

B.

The cluster development and conservation development standards of this chapter require that a specified portion of each development be set aside and permanently preserved as open space. The primary difference between "cluster" developments and "conservation" developments is the amount of open space that must be preserved.

C.

The required open space area within cluster developments or conservation developments can be set aside to conserve and protect significant natural resources, such as stream buffers, steep slopes and woodlands. It can be used to preserve agricultural lands or to provide passive or active recreational opportunities for the subdivision's residents and/or the general public.

(Ord. 3410, 2009)

Cluster developments and conservation developments must comply with the parcel and building standards of the subject zoning district.

(Ord. 3410, 2009)

A.

The maximum number of dwelling units allowed within a cluster development or a conservation development is computed by dividing the net area of the site by the subject zoning district's minimum-parcel-area-per unit standard. Net site area is to be calculated by subtracting all of the following from the site's gross land area:

1.

Special flood hazard areas;

2.

Jurisdictional (Army Corps of Engineers) wetlands and waterways;

3.

Land with an average slope of more than 25%; and

4.

Water bodies with a contiguous area of more than 5,000 square feet.

B.

If the cluster development or conservation development parcel is located in more than one zoning district, the maximum number of dwelling units allowed must be determined separately for each portion of the parcel lying within a different zoning district. Density may be transferred from one portion of the parcel to another as long as the transfer does not result in an increase in the number of dwelling units allowed on the overall parcel.

(Ord. 3410, 2009)

A.

General
Open space provided to meet minimum open space requirements must be in one or more parcels dedicated or otherwise protected as permanent (active or passive) open space. Any city-accepted parkland or open space under the subdivision regulations (parkland dedication requirements) will be counted towards meeting minimum open space standards for cluster developments and conservation developments.

B.

Location and Design
The location, size, character and shape of required open space must be appropriate for its intended use.

1.

Open space proposed to be used for recreation, particularly active recreation, should be located and designed so that it can be accessed conveniently and safely by intended users, and open space to be used for ball fields, playing fields or other active recreational facilities should be located on land that is relatively flat and dry.

2.

In the case of resource protection, open space must be designed to provide maximum protection for the subject resources, such as continuous blocks of wildlife or wildlife habitat and corridors, plant habitat, agricultural lands (soils), or riparian areas.

C.

Use

1.

Open space that protects wildlife habitat areas and corridors or promotes preservation of agricultural lands and sustainable food production activities are the highest priority for open space.

2.

Open space may also be dedicated or reserved for one or more of the following uses:

a.

Conservation of, and avoidance of development in, any readily identifiable natural hazard areas, i.e., areas that potentially pose a significant hazard to people or property (e.g., drainageways, wetlands, and lands whose slope and/or soils make them particularly susceptible to subsidence or erosion when disturbed by development activities);

b.

Conservation and protection of riparian vegetation within riparian resource areas;

c.

Conservation and protection of natural resources (e.g., rare plant communities and wildlife habitat) or other environmentally sensitive areas where development might threaten water quality or ecosystems;

d.

Protection of hillsides and prominent viewsheds;

e.

Conservation and protection of significant historic or cultural resources; or

f.

Provision of active and/or passive outdoor recreation opportunities for the general public or for the development's residents or employees and their guests.

3.

Open space may contain active recreation areas and only such buildings, structures, accessways and parking facilities as are necessary and accessory to its principal uses (e.g., pedestrian paths, recreational club houses, utility lines, driveways, parking areas). All active recreation areas, permanent structures and impervious surfaces must be of a "low-impact" design, and management practices must be instituted to protect and enhance the natural character and function of the open space. Such development requires:

a.

A tree and native vegetation preservation plan that limits site disturbance to the minimum required for construction and protects mature vegetation areas from degradation;

b.

Landscaping using native or naturalized plant species;

c.

Low-input, natural vegetation management practices; and

d.

Stormwater management best management practices.

4.

Open space areas may be used for low-impact design stormwater management practices.

5.

Open space areas may not be used for irrigation with treated sanitary sewage.

6.

The area of stormwater retention/detention ponds that are designed to hold stormwater from less than 100-year storm events may not be counted toward satisfying minimum open space requirements.

7.

Roadways and parking areas within open space areas may not be counted toward satisfying minimum open space requirements unless they provide public access to the open space area.

D.

Ownership and Management

1.

The applicant must identify the owner of the open space. The designated owner and the owner's successors are responsible for maintaining the open space and any associated facilities. If a property owners association is the owner, membership in the association is mandatory and automatic for all property owners within the development and their successors. If a property owners association is the owner, the property owners association must have lien authority to ensure collection of dues from all members.

2.

The applicant must submit a management plan for the open space and all common areas. The management plan must:

a.

Allocate responsibility and guidelines for the maintenance and operation of the open space and any associated facilities, including provisions for ongoing maintenance and for long-term capital improvements;

b.

Estimate the costs and staffing requirements needed for maintenance, operation and insurance and outline the means by which necessary funding will be obtained or provided;

c.

Provide that any changes to the management plan be approved by the city council; and

d.

Provide for enforcement of the management plan.

3.

In the event the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the city may assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance, plus any administrative costs and penalties, may be charged to the owner, property owner association, or to the individual property owners that make up the property owners association. Unpaid costs will become a lien on all properties within the development.

E.

Boundary Markers

1.

Boundary markers must be put in place clearly marking required open space areas before, during and after construction.

2.

Boundary markers must be installed at the intersection of private property lines with the outer edge of the permanent open space area before receiving final city approval of plans for clearing, grading, or sediment and erosion control.

3.

Construction fencing must be placed at the outer edge of the existing vegetation to be preserved in the permanent open space area. This fencing must be maintained throughout the construction process.

4.

Permanent signs must be placed at the edge of the permanent open space, as follows:

a.

For single-parcel developments, signs must be posted every 100 feet along the open space boundary.

b.

For multiple parcels located along an open space area, signs must be located at the intersection of every other property line along the open space.

c.

Required signs must indicate that the area has been designated as a permanent open space area and identify any limitations on use or disturbance of the area. Signs must be maintained and remain legible at all times.

A.

The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following:

1.

A permanent conservation easement in favor of either:

a.

A land trust or similar conservation-oriented, non-profit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions;

b.

A governmental entity (if the entity accepting the easement is not the city, then a third right of enforcement favoring the city must be included in the easement).

2.

An open space parcel protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

3.

An equivalent legal tool that provides permanent protection, as approved by the city attorney.

B.

The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, as well as any further restrictions the applicant chooses to place on the open space.

(Ord. 3483, 2012; Ord. 3410, 2009)

A.

Perimeter Treatment Options
When a cluster or conservation development is proposed abutting an existing or approved residential subdivision that is not part of the cluster or conservation development, one of the following options must be provided as part the cluster or conservation development:

1.

All parcels along the perimeter of the cluster or conservation development abutting the conventional residential subdivision must be at least 80% of the area, width and depth of the abutting parcels within the conventional subdivision; or

2.

A natural or restored vegetative buffer must be provided between developed areas within the cluster and conservation development and the abutting residential (conventional) subdivision in accordance with 20.55.060.B.

B.

Buffer Option
The following requirements apply to the perimeter buffer option:

1.

The minimum width of the buffer is as follows:

Table 20.55-1 Cluster and Conservation Development, Perimeter Treatment Abutting Conventional Subdivisions, Minimum Buffer Widths

2.

The land area within the perimeter buffer may be used to satisfy minimum open space requirements of the cluster or conservation development. The buffer area may not be included as a part of any platted residential parcel within the cluster or conservation development.

(Ord. 3410, 2009)