§ 5.3.7. Cluster design.

A.

Cluster size and design.

1.

When a single conservation development contains over 250 dwelling units, or where the potential exists for multiple conservation developments within one-quarter mile of any boundary of a proposed conservation development to reach a combined total of more than 250 dwelling units, the county commissioners must review the cumulative effect of such developments. The county commissioners will then determine if a special area plan is required for the conservation development to be approved. The county commissioners will make this determination at the sketch plan or concept review stage of the development review process.

Special area plans will be prepared by the county as directed by the county commissioners. If such a plan is not in the current county work program or budget, funding may be provided by the applicant or other entity so that the special area plan may be prepared by a private consultant with oversight by the county.

All special area plans require a recommendation by the planning director and approval by the planning commission. The recommendation and decision must include the general content and process requirements for a special area plan, as well as the options available for the development of the special area plan on a timely basis. If the proposed conservation development is consistent with an existing adopted special area plan, no additional special area plan is required.

2.

The following criteria must be used in making a determination of whether a special area plan is required:

a.

All or a part of the cluster is located within the cooperative planning area of a municipality; or

b.

There is a need for urban level services to support the cluster(s) and existing, planned or approved uses.

3.

Clusters must be physically separated from one another so the appearance and visual impacts of these developed areas on the intervening residual land is minimized.

4.

The location of structures and other improvements in the development area of a conservation development must place the highest priority on the preservation of environmentally sensitive areas and agricultural uses. The location of home sites and the corresponding layout of lots and streets must have a lower priority and must be designed to create a compact development pattern.

5.

Development areas in conservation developments must contain residential and related land uses, roads and parking areas, except those conservation developments where the ratio of developed area to residual land is 20 percent to 80 percent the road rights-of-way, up to 60 feet, may be included in the residual land area.

B.

Lot size and design.

1.

No minimum lot size is required in conservation developments except for those developments and lots that use on-lot septic systems or wells. In those instances, the minimum lot size is two acres (87,120 square feet).

2.

Diversity and originality in lot design is encouraged to achieve the best possible relationship between development and features of the land; to minimize alteration of the natural site features and topography; to relate to surrounding properties; to improve the view from and the view of buildings; and to lessen the area devoted to roads and utilities.

3.

Flexibility in lot size is encouraged to promote a design that is sensitive to the natural environment; adapts to the natural topography of the site; accommodates the mix of residential land uses and housing types proposed within the development; and is compatible with agricultural uses and other existing and allowed uses.

4.

To the extent practical, home sites should be located to enhance visual access to residual land both from the proposed development and from adjacent lands.

C.

Building envelopes.

1.

In lieu of setbacks, building envelopes may be designated for each lot to identify the area where all buildings must be constructed and to provide adequate separation between buildings and uses or activities. Building envelopes must be designed to avoid hazard areas, the tops of ridgelines or slopes, view corridors, open fields, sensitive environmental areas, and agricultural infrastructure. To the maximum extent feasible, all building envelopes must be located at least one-quarter mile (1,320 feet) from the edge of the Interstate 25 right-of-way. In mountainous areas, building envelopes must be designated at the minimum size necessary to construct a dwelling on the lot so the area disturbed is minimized.

2.

On a residual lot, if building envelopes are used, agricultural buildings may be located outside the building envelope only if specified as part of an approved development, but in those cases they must meet all the applicable building setback requirements.

3.

The placement of buildings within building envelopes along the street frontage should be varied to minimize uniformity.

4.

A building envelope may be used to limit the location of various types of structures. When so used, the types of structures limited to the building envelope must be clearly stated as part of an approved development with the implication that all other types of structures may be located outside the building envelope.

D.

Vehicular and pedestrian circulation.

1.

Roads must be designed and located in such a way as to maintain and preserve natural topography, cover, and trees; to minimize cuts and fill; and to preserve and enhance views on or off the site. Road design standards for conservation developments must conform with engineering standards in section 8 of this code.

2.

Roads and pedestrian walkways or trails in conservation developments must be connected to existing or planned roads, walkways or trails when such connections meet the following criteria:

a.

The connection links public roads and pedestrian walkways or trails, or the adjacent property owner(s) is willing to grant the necessary rights-of-way or easement;

b.

The connection can be made without impairing the values for which residual land is being preserved;

c.

The connection provides a logical, safe and convenient circulation link for vehicular, bicycle and/or pedestrian traffic with existing or planned circulation routes and, in particular, to destinations such as schools, parks, and business or commercial centers; and

d.

The connection provides a second point of access for emergency service purposes.

3.

Shared driveways should be used where possible to minimize the number of access points on the public right-of-way.

E.

Buffering.

1.

Perimeter buffering of a cluster is required to minimize visual and noise impacts where adjacent land uses are of a different type (e.g., residential adjacent to commercial or industrial) or are of a substantially different residential density; or where the cluster is adjacent to a county road, state or federal highway or a railroad. Where the proposed cluster abuts an existing or approved residential development, the buffer must be at least equal to the required rear yard depth of the adjacent lots. Where the proposed cluster abuts a county road, state or federal highway or a railroad, the buffer is measured from the edge of the existing right-of-way and must be of a width and design to reduce visual and noise impacts from the road, highway or railroad.

2.

Additional standards and information on landscaping may be found in section 8.5 of this code.

3.

Buffering may be accomplished through the use of increased separation between land uses and/or by using native or drought resistant vegetation, fencing, walls or a combination of these measures.

4.

The traditional concept of using windbreak plantings around a farmstead may be desirable for the design of buffering between a cluster and agricultural uses.

5.

Perimeter buffering of a cluster in mountainous areas should be designed to take into consideration the buffering effect provided by existing trees and topography.

F.

Fencing.

1.

Where an agricultural use is adjacent to a county road or state highway, fencing or other perimeter treatment, if desired, should be designed so it does not interfere with the operation of the agricultural use.

2.

Privacy fencing may be used in conservation developments when the backs of lots are adjacent to a county road or state highway, or on individual lots to provide privacy or enclosure for the lot or a portion of the lot.

3.

Fencing should be designed to conform to the topography and be of a color that blends with the natural environment.

4.

Additional standards and information on fencing may be found in section 8.16 (fences) of this code.

G.

Entry features and signage.

1.

The color, materials, size, height and lighting of entry features, signs and related structures must be compatible with the proposed development and the maintenance of views of the natural landscape, public parks and open space. Standards for signs are found in section 10.0 (signs) of this code.

2.

Lighting of entry features and signage must be kept to a minimum and must be consistent with subsection 8.15 (site lighting).

3.

Where a gated entryway into a conservation development is proposed, a plan must be provided with the submittal to address potential safety concerns of accessibility to the development by emergency services vehicles and general service or delivery vehicles, and whether the access road is planned to extend beyond the development boundaries.

(Res. No. 04282009R001, Exh. A, 4-28-2009; Res. No. 07092013R008, Exh. A, 5-28-2013)