18.96.170 Standards for residential cluster development.
A. Purpose. The purpose of this section is to allow better, safer, and more flexible residential development by maximizing the best use of the features of a particular piece of property. The section is intended to provide an alternative to the conventional zoning approach and to encourage more creative utilization of land by permitting flexibility and innovation in design, placement, and use of open spaces, traffic and pedestrian circulation facilities, and off-street parking areas. Cluster development can allow variation in lot sizes without an increase in the overall density of population or development. A residential cluster development is intended to be a compatible and stable environment in harmony with and at substantially the same population density of the surrounding area. This designation is also intended to improve and protect the public health, safety, and welfare by:
1. Ensuring that future residential development outside the urban areas occurs in accordance with the goals and policies of the Comprehensive Plan and all other planning policies of the Borough;
2. Allowing for greater flexibility and creativity in the design and location of rural or low density residential subdivisions;
3. Facilitating construction and maintenance of streets, utilities and public services in a more economical and efficient manner;
4. Protecting environmentally sensitive land by clustering residential units rather than spreading development over the entire site;
5. Avoiding the inappropriate development of lands and provide for adequate drainage and reduction of flood hazards;
6. Encouraging the permanent preservation of open space, agricultural lands, and other natural resources;
7. Promoting safe, efficient, and economic use of the land, transportation, public facilities, and services;
8. Facilitating the provision of adequate public services such as transportation, water, sewage, storm drainage, and electricity;
9. Promoting recreational opportunities through the protection and development of recreational trails, parks, and open space;
10. Reducing energy consumption and demand;
11. Minimizing the adverse environmental effects of development;
12. Improving the design, quality, and character of new developments;
13. Providing the opportunity to combine and coordinate architectural styles, building forms, and relationships within the cluster development.
B. Submission Requirements. An application for a residential cluster development shall include information as specified in this title for conditional uses, and:
1. A completed cluster development application which includes:
a. A completed application form provided by the Department of Community Planning;
b. Total acreage of the property and the proposed acreage of open space;
c. A typical deed granting an undivided interest to each property owner in the common and open space areas;
d. Number of residential units requested;
e. Written recommendations from affected agencies and municipality or satisfactory evidence that they have received the preliminary plat or sketch 10 working days prior to the application being submitted to the Platting Officer. Reviewing agencies shall have a maximum of 10 working days for their review and response;
f. For those areas disturbing over one acre of land, the applicant shall contact the U.S. Environmental Protection Agency or managing authority for a determination as to whether a storm water permit is required. The applicant shall provide documentation of any storm water control required by the U.S. EPA;
g. The appropriate fee;
h. Satisfactory proof that the applicant represents the owner’s interest in the property to be subdivided;
i. A report from a title company, showing the legal and equitable owners of the land to be subdivided and all grants, reservations, covenants, deed restrictions, and easements of record. Copies of all documents identified shall accompany the report;
2. A preliminary development plan depicting:
a. All information required by FNSBC Title 17 to be on a preliminary plat;
b. Use and location, size and height of all proposed building(s);
c. Location of proposed parking, landscaping, screening, signage, lighting and related matters;
d. Area of proposed open space;
e. Setback distances of existing and proposed buildings from the perimeter of the cluster development;
3. An owner association and maintenance agreement;
4. A water and wastewater plan for the cluster development approved by the Alaska Department of Environmental Conservation.
C. Development Performance Standards. A cluster development shall meet the following requirements and standards:
1. Conformance with the Comprehensive Plan. The residential cluster development shall be consistent with and conform to the goals, policies, and implementation ordinances of the Borough’s Comprehensive Plan, comprehensive trails plan, comprehensive road plan, and any other Borough plans.
2. Permitted Uses. Any use or combination of uses allowed in the underlying zoning districts established by this title shall be permitted. Conditional uses shall also be permitted through the conditional use process. Multiple-family structures are permitted in any zone in which a cluster development is allowed.
3. Land Area. A residential cluster development shall not be less than the minimum lot size permitted in the underlying zone.
4. Owner Association and Maintenance Agreement. A legal instrument that requires individual owners of land within the cluster development to be responsible for the maintenance of the open space, common areas, and facilities serving the development and to ensure that the purpose, intent, and specifications of the residential cluster development are met. Said instrument shall create an ownership association where:
a. A plan providing for the permanent care and maintenance of open spaces, recreation areas, and commonly owned facilities and parking lots is established;
b. The ownership association is established prior to any interest within the cluster development being sold;
c. Membership in the association is mandatory for each property owner;
d. Restrictions on open space are permanent;
e. The ownership association is made responsible for liability insurance, and maintenance of open spaces, recreation areas, and commonly owned facilities and parking lots;
f. The ownership association is given power to levy assessments or require fees or dues, which can become a lien on individual premises, for the purpose of paying operating and maintenance costs, liability insurance, and other expenses;
g. The governing board of the ownership association consists of at least three members who are owners of property in the cluster development;
Said instrument and the articles of incorporation and bylaws of the association shall be reviewed by the Borough Attorney for compliance with this subsection.
5. Master Plan and Phasing Schedule. A cluster development may be constructed in two or more phases; provided, that a master plan and phasing schedule have been submitted to and approved by the Platting Authority. The master plan and phasing schedule shall delineate the improvements proposed for each phase, the expected completion date of each phase, and shall demonstrate that each phase can function independently. Adequate access, buildable areas, utility provisions, lot size, open space, etc., must be available to the property designated for future phases. This will ensure that the property does not become undevelopable should the cluster development plan be abandoned.
6. Density. In a cluster development, where a variety of housing types may be provided including single-family, two-family or multiple-family structures, the maximum number of dwelling units allowed shall be determined by the total number of dwelling units that can exist if the property is subdivided to its greatest potential under its current zoning designation. The maximum number of dwelling units may be reduced because of, but not limited to, the following:
a. Environmental factors such as topography, soils, slope, drainage patterns, wetlands, and permafrost;
b. The character and nature of surrounding residential areas;
c. Inconvenient or unsafe access to the development;
d. Traffic congestion for streets adjoining the development;
e. An excessive burden imposed on parks, recreational areas, schools, and other public services and utilities which serve or are proposed to serve the development.
7. Setbacks. Setbacks from the perimeter of the cluster development shall not be less than specified by the underlying zone. Spacing between buildings shall be a minimum of 20 feet.
8. Lot Size. Individual lot sizes and dimensions within the cluster development may be freely arranged.
9. Height. Heights of buildings and structures shall be limited by the underlying zoning district.
10. Common Open Space. In any residential cluster development, common open space, varying in amount and location, shall be provided to offset what would otherwise be a perceived substantial increase in density as a result of a proposed variety of housing types, an increase in building height in comparison to that of the surrounding neighborhood, or a substantial decrease in interior building setback distances. “Common open space” means the portion of the site set aside in perpetuity as open space, and may consist of land, wetland and water areas. The characteristics of the common open space shall include, but are not limited to, the following:
a. The total area of common open space shall be located within the boundaries of the cluster development designation and shall not be less than 50 percent of the total cluster development area.
b. Further subdivision of common open space or its use for other than recreation, conservation or agriculture, except for easements for underground utilities and septic systems, shall be prohibited. A restriction enforceable by owners of property in the development and by the Borough shall be recorded to ensure that such space shall be kept in open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways. Such restrictions shall further provide for maintenance for the common open space in a manner which will ensure its suitability for its function, appearances, cleanliness, and proper maintenance of drainage, utilities, and the like.
c. Recreational facilities or structures and their accessory uses located in common areas shall be considered as usable open space as long as the total impervious surfaces such as paving and roofs constitute no more than 10 percent of the total open space.
d. Common open space shall be suitably improved for its intended use, but common open space containing natural features, existing trees, and groundcover worthy of preservation may be left unimproved.
e. The use and improvement of common open space shall be planned in relation to any public or semi-public open space which adjoins the perimeter of the cluster development.
f. Areas devoted to streets and roads, parking facilities, storage, or service areas, or any buildings or structures shall not be considered in calculating the required common open space area.
g. Each cluster development lot shall have an undivided interest in the common and open space areas. The sum of all ownership interests in the common and open space areas shall total 100 percent.
11. Access. The cluster development shall be accessible by dedicated public access as provided by FNSBC Title 17. Each lot within the cluster development shall have adequate and legally enforceable rights of access to a public or private street.
12. Parking. Required off-street parking areas shall be provided and shall adequately serve the entire cluster development. Each required parking space that is unheated shall be equipped with an electrical receptacle.
13. Drainage. Drainage shall be designed so that runoff shall not be increased, groundwater recharge is maximized, and neighboring properties will not be adversely affected.
D. Approval Process. A residential cluster development shall be approved through conditional use procedures as specified in this title. In addition, a preapplication conference shall be scheduled between the developer and Community Planning Department staff to discuss the proposed project. Conditions of approval may be required to help ensure the public health, safety and welfare and compatibility with the surrounding area. Such conditions may include but are not limited to requiring firmer performance standards, a replat of the property, specifying number of dwelling units, obtaining floodplain, wetlands, driveway or other permits. Once approved, no changes in the cluster development may be made unless approved by the Planning Commission, except for the following:
1. A decrease in overall coverage of structures;
2. A decrease in the density or intensity of use;
3. A decrease in the problems of traffic circulation and public utilities;
4. An increase in open space or landscaping;
5. An increase in off-street parking and loading areas;
6. A change in the location of any building by less than 10 feet which does not conflict with the minimum spacing requirements of subsection (C)(7) of this section.
E. Status of Approved Development Plan. Notwithstanding any other provision of this code, upon approval by the Planning Commission of the development plan, the plan shall be considered an approved preliminary plat as defined in FNSBC Title 17. The development plan shall thereafter be subject to the requirements of FNSBC Title 17 except as otherwise provided in this section.
F. Conflict of Laws. Whenever there is a conflict between this section and other provisions of the zoning code, the provisions of this section shall prevail. Subjects not covered in this section shall be governed by the respective provisions found elsewhere in the Borough code.
G. Failure to Abide by the Terms of the Approved Cluster Development. Any violation of the terms of the approved cluster development conditional use may result in a revocation of the cluster development conditional use approval and shall be a violation of this title and be subject to enforcement and penalties as provided herein. (Ord. 2016-40 § 81, 2016; Ord. 2007-42 § 2, 2007; Ord. 94-046 § 6, 1994. 2004 Code § 18.50.160.)