§ 9.0. Cluster residential development.

9.1.  Intent. Cluster residential development is a method of residential development which permits a tract of residential land to be developed as one lot, rather than many separate lots. The technique permits the development of higher densities of land use in conjunction with functional open space. It is the only land use development procedure set forth in this article which requires planning and zoning commission and city council review and approval prior to issuance of a building permit.

9.2.  Location. Permitted only in zones E-1, E-2, R-1, R-2, R-3, R-4 and R-T-4. (Ord. No. 310, § 11, 12-15-80)

9.3.  Requirements.

A.

[Site development plan.] A site development plan which complies with the following criteria:

1.

Minimum tract size of ten (10) acres.

2.

The direction of north, appropriate scale and topography in not greater than five-foot contour intervals.

3.

The proposed location, dimensions and height and use of all structures and buildings.

4.

The location and dimension of all streets, driveways, walkways, fire hydrants, fire lanes, signs, greenbelts developed and natural open space areas, fences, walls, parking and loading areas, exterior lighting, storm drainage facilities, utility easements and sewage collection and disposal facilities.

B.

[Setback.] No building shall be located less than thirty-five (35) feet from any boundary of the cluster residential development.

C.

[Density.] The maximum density, expressed in dwelling units per gross acre of any cluster residential development shall be determined by the average maximum density per gross acre permitted within the zone in which the cluster is utilized. The following is a schedule of permitted densities for cluster developments within the various zones:

Zone	Density (Dwellings Per Gross Tract Acre)
E-1	1.0
E-2	2.2
R-1	2.9
R-2	3.6
R-3	3.6
R-4	10.9
R-T-4	10.0

 

(Ord. No. 310, § 12, 12-15-80)

Although specific areas within the cluster development may exceed the above permitted densities, when the gross acreage of the cluster development is divided by the total number of dwelling units in the cluster development, the over-all density must be less than or equal to the above permitted densities.

D.

Open space.

1.

At least twenty (20) percent of the gross tract area of the cluster development shall be devoted to "improved commonly owned open space" which is defined as: Space devoid of buildings and other physical structures, except where accessory to the provision of recreation opportunities, which is owned in common, and which is developed as an improved recreation area providing: Athletic facilities, gardens, walkways, bikeways, trails, lawns, picnic areas, playgrounds, swimming facilities or other similar outdoor recreation activities approved by the planning and zoning commission.

2.

At least ten (10) percent of the gross tract area of the cluster development shall be maintained as commonly owned natural open space which is defined as land preserved in its natural condition, for the benefit and enjoyment of the residents of the cluster development.

3.

All commonly owned open space shall be integrated throughout the cluster development and easily accessible to all residents. In determining the adequacy of the land proposed to be used as commonly owned open space, the planning and zoning commission shall consider the following characteristics:

(a)

Surface characteristics. Up to twenty-five (25) percent of the proposed area designated as commonly owned natural open space may be water surface area.

(b)

Dimension. The area of each parcel of commonly owned open space shall be at least five thousand (5,000) square feet in area and no less than twenty-five (25) feet in its smallest dimension.

(c)

Location. Open space shall be distributed throughout the cluster development in relation to the dwelling units of the people it is intended to serve.

(d)

Slope. Whenever possible, at least fifty (50) percent of all commonly owned open space shall have a finished grade not to exceed twenty-five (25) percent.

(e)

Natural amenities. The planning and zoning commission whenever possible, require the preservation of natural, environmental or scenic areas of the site through their inclusion in the open space requirements of the cluster development.

E.

Minimum building setbacks. No building located in a Cluster District shall be located nearer a dedicated street or property line than thirty-five (35) feet. All structures shall be located so as to conform to the International Building Code as may be amended by the City and the International Fire Prevention Code. (Ord. No. 322, § 12, 5-4-81; Ord. No. 02-1933, § 3, 9-3-02)

F.

[Deed restrictions.] A copy of any deed restrictions to be recorded.

G.

[Stages.] If the development is to be staged, a schedule indicating the approximate date when each stage of development is to begin and end.

H.

[Common property. A] statement of the manner in which title to all commonly held parks, streets, recreational facilities, planted or forested areas and other improved or unimproved property shall be held and the manner in which the same shall be maintained.

I.

[General.] Any other information necessary to establish compliance with this ordinance or availability of adequate utility capacity.

9.4.  Ownership and maintenance of common areas.

9.41. Ownership. Title to all streets, parks, recreation facilities, planted or forested areas and other improved or unimproved real property lying within a clustered residential development may be held by a trustee for the benefit of said residents, by a private corporation, as undivided interests held by the owners of lots lying within said development or by an association of the residents thereof, each of whom, jointly and severally, shall be charged with the proper care and maintenance of such property.

Said private corporation or organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise (except to an organization conceived and organized to own and maintain the common open space), without first offering to dedicate the same to the city.

9.42. Maintenance. Should the owner of the common area fail to properly maintain said improvements, the city may[,] at its discretion, make the required repairs, removal or any other maintenance deemed necessary. The cost of said maintenance shall be paid to the city and until paid, shall constitute a lien in favor of the city upon all property held jointly and severally in the cluster residential development.