11.2. SR 11-19-2007REQUEST FOR ACTION
To Item Number
Ci • Council 11.2.
Agenda Section Meeting Date Prepared by
Woxksession November 19, 2007 Sheila Cartne ,Senior Planner
Item Description Reviewed by
Cluster Ordinance Discussion erem ~ Barnhart, Plannin Mana ex
Reviewed by
Action Requested
Authorize staff and the Plannuig Commission to research and review the cluster ordinance fox possible
changes to make the ordinance mote attractive to developers.
Background/Discussion
The Mayor has expressed an interest in hairing staff review the cluster ordinance to make it more
appealing to developers. Staff would be looking at the lot sizes, wetlands, park dedication, and density
bonuses and other items that will further meet the goals of the Compxehensivc Plan.
Attachments
• Cluster ordinance
ACtIOn b4odon 6y Second by Vote
Follow Up
S:\Couvcil\Planning\Clostez Oxdinuvce.doc
ARTICLE V. SUBDIVISIONS*
Subdivision II. Open Space Preservation Plats
Sec. 30-511. Definitions.
The definitions in section 30-1 are applicable in this subdivision.
(Ord. No. 99-32, § 4(1008.20(2)(C)), 11-15-1999)
Cross references: Definitions generally, § 1-2.
Sec. 30-512. Purpose of division.
Page 1 of 7
The purpose of open space preservation plats (OSP) is to maintain the rural and semi-rural
character of the city and provide public benefit by preserving woodlands, vegetated corridors,
agricultural land, open space, and other significant natural features, to require less land for
development, and to allow an alternative to standard single-family detached residential plats in the R-1a
and A-1 districts in accordance with this division, this article, and the intent and purpose of the city's
comprehensive plan.
(Ord. No. 99-32, § 4(1008.20(2)(A)), 11-15-1999)
Sec. 30-513. Objectives of division.
The objectives of this division are to:
(1) Preserve permanent natural habitat, vegetated corridors for the movement of
wildlife, scenic enjoyment, recreational use, agriculture and rural identity.
(2) Allow innovation and greater flexibility in the design of residential developments.
(3) Provide for site development that maintains a low visual impact, particularly along
arterial roadways and abutting properties.
(4) Create cohesive neighborhoods in order to establish local identity and community
interaction.
(5) Physically integrate neighborhoods, open spaces, and places of destination in order
to establish municipal identity and community interaction.
(8) Reduce the costs of construction and maintenance of public facilities, infrastructure
and services.
(Ord. No. 99-32, § 4(1008.20(2)(6)), 11-15-1999)
Sec. 30-514. Procedure.
All procedures for a standard subdivision, as provided in subdivision II of division 2 of this
article, shall be followed for an open space preservation plat, with the addition of the following:
(1) Meeting with potential easement holders. In addition to apre-application meeting
with the city, it is recommended that the applicant meet with potential conservation
easement holders in order to be made fully aware of any procedures, policies, or other
issues regarding the plat.
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ARTICLE V. SUBDIVISIONS*
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(2) Sketch/concept plan. In addition to apre-application meeting with the city, a
sketch/concept plan shall be required that includes the following:
a. Topography (minimum of ten-foot contours).
b. Soil types and characteristics, such as depth to water table.
c. Hydrological features, including surface water bodies, floodplains, wetlands,
natural swales and drainageways.
d. Vegetation of the site (pasture, woodlands, hedgerows, etc.).
e. Description of the current land use and structures on the land, and all
encumbrances such as easements or covenants.
f. All roads, buildings, utilities, property boundaries, and property use within 500
feet of the tract.
g. An outline of the land area to be protected as open space or park, the
number and acreage of lots, areas proposed for stormwater management and
on-site or off-site sewage treatment.
h. All possible future roads, parks and open space on or adjacent to the subject
property.
i. Preliminary calculation of the amount of acreage that is public road right-of-
way and the amount of acreage that is wetlands regulated by the state
department of natural resources and/or public water bodies.
(3) Data for preliminary plat. All information required to be submitted in section 30-353
is required to be submitted with an open space preservation plat, with the addition of the
following:
a. A resource inventory presented on an aerial photograph at a scale of no less
than one inch equals 200 feet, including the following:
1. Slopes of more than 33 percent with a minimum run of 20 feet.
2. Soil types and characteristics, such as depth of water table.
3. Vegetation inventory identifying the general cover types (woodland,
pasture, etc.), defining boundaries of woodland areas and stand-alone
trees with a caliper of more than 18 inches when measured at a point four
feet above the ground level. Vegetation types shall be classified as
generally deciduous, coniferous or mixed and described by plant
community, relative age and condition. Trees to be removed for streets,
drives, buildings, drainage or other purposes shall be identified.
4. Current land use including all buildings, structures, and paved areas,
and all encumbrances, such as easements or covenants.
5. Visual resources, showing views onto the tract from surrounding
roads and public areas, as well as views within the tract.
6. Cultural resources, including a brief description of the historic
character of buildings and structures, historically important landscapes,
and archeological features.
7. Context, including general outlines of existing buildings, land use, and
natural features such as water bodies or wooded areas, roads and
property boundaries within 500 feet of the tract.
b. A calculation of the proposed open space preservation plat density as
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ARTICLE V. SUBDIVISIONS*
determined by section 30-516.
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c. A narrative from the applicant as to the rationale behind the proposed layout
and open space.
d. An itemized list of all documents, agreements and actions necessary to be
completed prior to recording of the plat, including land area to be protected with a
conservation easement as open space or park, the number and acreage of lots,
areas proposed for stormwater management and on-site or off-site sewage
treatment.
e. Homeowners' association documents, including bylaws, deed restrictions,
covenants, and proposed conservation easements, prepared by the holder of the
conservation easement.
f. Management (replacement and repair) plan of collector sewage treatment
systems as approved by the city. The plan should clearly identify the following:
1. The ownership of the shared sewage system.
2. Annual schedule for maintenance, inspection and monitoring of the
shared sewage system.
3. Contingency plan in the event of failure of the shared sewage system.
4. Provisions describing how the sewage treatment portion of the system
will be protected from vehicles, animals, humans and other sources of
risk.
5. Assignment of responsibility for the management of and payment for
the shared system.
6. The name and license number of the system's designer.
(Ord. No. 99-32, § 4(1008.20(2)(D)), 11-15-1999)
Sec. 30-515. Development standards.
Open space preservation plats shall comply with the following minimum standards except where
the city council determines that alternative standards meet the intent of this division:
(1) Land area.
a. Minimum gross acreage for open space preservation development is 20
acres.
b. A minimum of 50 percent of the eligible land for development shall be
dedicated as preserved open space protected by a conservation easement or
deed restrictions in favor of the city. Of that 50 percent, 35 percent shall be
buildable area, except that in the A-1 district it shall be ten percent.
(2) Open space requirements. Open space intended to be preserved as part of an
open space preservation development shall meet the following criteria:
a. Open spaces shall be protected by the placement of a conservation
easement or deed restriction in favor of the city over them.
b. Open space shall be in a contiguous, connected configuration including or
adjacent to existing natural areas or parks.
c. Open space in long, narrow corridors in back yards does not qualify as open
space for conservation easements.
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d. Open space shall be maintained free of noxious weeds, litter or debris.
e. Open space shall be owned by an individual, homeowners' association, or
other legal entity which will use the land for open space purposes pursuant to a
conservation easement.
f. Open space may be dedicated as a city park with a recommendation by the
park and recreation commission, and, if so, shall comply with the city's master
park and recreation plan and section 30-327.
g. The city shall have the option of requiring that shoreline and areas along
streams be included as preserved open space.
(3) Homeowners' associations. Where applicable, a homeowners' association shall be
established to permanently maintain all preserved open space and recreational facilities.
Such homeowners' association management agreements shall be established prior to
the sale of any lots. Homeowners' association management agreements shall include
the following:
a. The agreement shall include a legal description of the common lands or
facilities.
b. Membership in the association shall be mandatory for all purchasers of
homes in the development and their successors.
c. The agreement shall include restrictions placed upon the use and enjoyment
of the lands or facilities, including the persons or entities entitled to enforce the
restrictions.
d. The agreement shall include a mechanism for resolving disputes among the
owners or association members.
e. The agreement shall provide standards for scheduled maintenance of open
spaces.
f. The agreement shall provide a plan guaranteeing continuing maintenance of
open spaces that shall be submitted to the city council as part of the data
requirements for an open space development.
g. The agreement shall include a mechanism to assess and enforce the
common expenses for the land or facilities, including upkeep and maintenance
expenses, real estate taxes and insurance premiums.
h. The agreement shall include the conditions and timing of the transfer of
ownership and control of land or facilities to the association or the common
ownership.
i. Any proposed change in the articles of association or incorporation shall
require the prior written approval of the city.
j. Any other matters the developer or city deems appropriate shall be included.
(4) Park dedication fee requirements. Park dedication fee requirements shall be based
upon the total number of house lots platted if fees are paid in lieu of land.
(5) Water and sewer systems.
a. Water may be provided by individual on-site wells, or by one or more
community wells in open space areas, meeting all state department of health
requirements.
b. Community sewage treatment systems are required and may be located in
common open space within an easement. A sewage treatment system
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management plan must be submitted to the city that must be reviewed and
approved prior to being recorded with the final plat. The plan shall clearly identify
the following:
1. The ownership of the community sewage treatment system.
2. An annual schedule for maintenance, inspection and monitoring of the
community sewage treatment system.
3. Contingency plan in the event of failure of the community sewage
treatment.
4. Provisions describing how the sewage treatment portion of the system
will be protected from vehicles, animals, humans and other sources of
risk.
5. Assignment of responsibility for the management of and payment for
the community system.
6. The name and license number of the system's designer.
(5) Dimensional regulations. The dimensional regulations for open space preservation
plats may be reduced from the underlying zoning district dimensional regulations
provided they comply with the following minimums:
a. Minimum lot size. Minimum lot size is 11,000 square feet (80 feet by 130
feet, 100-foot width on corner lots).
b. Building setbacks. Building setbacks shall be as follows:
1. Front: 20 feet for house, 30 feet for garage.
2. Side: Ten feet.
3. Garage side: Five feet.
4. Rear: 2D feet.
c. Maximum impervious surface. Maximum impervious surface within each lot
shall be 25 percent.
d. Street standards. Street standards shall comply with this article.
e. Accessory structures shall be allowed on preserved open space lots without
a principal structure as provided for in the developer's agreement.
(7) Lot design guidelines. Residential lots should be designed to achieve one or more
of the following objectives:
a. Orient lots around a central focal point such as:
1. A central green or square.
2. A physical amenity such as a meadow, a stand of trees, a stream or
water body, or some other natural feature.
3. A street with a boulevard planted with shade trees and a central
parkway or median at least 25 feet wide.
b. Locate lots to preserve woodlands, farmland or other natural features or
character, including places of historic, archeological or cultural value and their
environs.
c. Locate Tots such that at least 50 percent of the lots within a neighborhood
abut open space on at least one side. A local street may separate lots from open
space.
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d. Preserve views on-site and off-site to the maximum possible.
e. Locate neighborhood recreational open spaces such that they are an integral
part of the neighborhood or the surrounding homesites, are at an elevation
appropriate to their intended recreational use, have boundaries that are clearly
defined and are accessible to all neighborhood residents from a public street.
f. Preserve natural habitat to the maximum extent possible in a contiguous,
connected configuration. Natural open spaces may include, but are not limited to,
fields, wetlands, slopes, bluffs, woods, lakes, ponds, streams, shore lands, and
other environmentally sensitive areas.
g. Connect individual home sites with pedestrian corridors or sidewalks to larger
open spaces and places of destination on-site and off-site. Open spaces should
be accessible to pedestrians at roughly 1,200-foot intervals along public
roadways. Pedestrian corridors between lots shall be at least 50 feet in width and
buffered from view of adjacent properties.
h. Buffer residential properties from incompatible uses with buffer zones of at
least 100 feet to minimize land use conflicts. The buffer zones shall be thickly
planted with native grasses, shrubs and trees. Roads may be included in the
buffer that will create an effective barrier separating yards from fields and
pastures.
i. Minimize development fronting onto existing arterial roads by establishing
buffer zones with existing and native vegetation to protect rural roadside
character and to improve public safety and traffic carrying capacity.
j. Locate houses and garages such that the garages do not dominate the
streetscape.
k. Locate septic systems on the most suitable soils for subsurface septic
disposal.
I. Landscape common areas and street rights-of-way with native vegetation with
high wildlife conservation value.
(Ord. No. 99-32, § 4(1008.20(2)(E)), 11-15-1999; Ord. No. 01-06, § 1, 3-14-2001)
Sec. 30-516. Calculation of base density; density bonuses.
(a) To calculate the base density for a given tract for open space preservation plat purposes,
the following shall apply:
(1) Determine the eligible land (see definition in section 30-1).
(2) In the R-1a zoning district, divide the eligible land by 2.5 then multiply by 1.15 to
determine the number of lots.
Example:
Eligible land area: 24 acres
Zoning district density: 2.5 acres
OSP density: (24/2.5) x 1.15 = 11.04, or 11 lots
(3) In the A-1 zoning district, divide the eligible land by ten and multiply by 2.15 to
determine the number of lots.
Example:
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Eligible land area: 42 acres
Zoning district density: ten acres
OSP density: (42/10) x 2.15 = 9.03, or nine lots
(b) At the discretion of the city council, density bonuses may be permitted which allow projects
to be developed at a density greater than otherwise allowed provided that one or more of the
following standards are complied with. Each standard provides an additional density increase
above the allowed zoning district density with a maximum density increase of 40 percent above
the allowed zoning district base density.
(1) Creating an endowment to the land trust or homeowners' association where the
principal would generate sufficient annual interest to cover the conservation easement
holder's yearly costs (five percent bonus).
(2) Providing for access by the general public to trails, parks, or other recreational
facilities, excluding golf courses (five percent bonus).
(3) Providing an additional ten percent open space above the required 50 percent
preserved eligible land. The additional ten percent open space shall be buildable area
(five percent bonus).
(4) Reusing existing buildings and structures or preserving specific site features
inventoried by the county, city, or state historical preservation office (five percent bonus).
(5) Providing covenants to create an architectural theme to include items such as
porches, side or rear loaded or detached garages (five percent bonus). Landscape
theme, lighting theme, and open space/central meeting place shall make up 2.5 percent
of the density bonus and additional architectural elements shall make up 2.5 percent of
the density bonus. A written narrative describing the architectural theme shall be
provided with the preliminary plat.
(6) Maximum lot size one-half acre (five percent bonus).
Example:
R1a district eligible land area: 24 acres
Density bonus: (24/2.5) x 0.05 = 0.48
Each 5% bonus = 0.48 lots
A-1 district eligible land area: 42 acres
Density bonus: (42/10) x 0.05 = 0.21
Each 5% bonus = 0.21 lots
(Ord. No. 99-32, § 4(1008.20(2)(F)), 11-15-1999; Ord. No. 01-06, § 1, 3-19-2001)
Secs. 30-517-30-530. Reserved.
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