[Added 3-11-2014 by Ord. No. 9048]
A.
A residential cluster subdivision is designed to encourage a unitary
site development plan for compact single-family and multifamily residential
development. The concept of cluster development involves small minimum
lot sizes on tracts of land developed as single entities for residential
purposes. The cluster development regulations specifically encourage
innovation so that the growing demands for housing may be met by greater
variety in type, design and setting of dwellings and by the conservation
of sensitive environmental area and more efficient use of land in
general. The principal use of this district is for cluster housing.
B.
The residential cluster subdivision district is to provide controlled
development of closely spaced, residential buildings with individual
design characteristics and appearances, flexibility in design and
more variety in residential development.
C.
The residential cluster housing district shall be used to promote
development when one of the following property conditions exist on
a portion of that property:
(1)
Marginal environmental area: officially designated floodplains, subsidence
areas and other areas deemed environmentally marginal;
(2)
Transition area: where a demonstrated need exists to separate single-family
dwellings from commercial or industrial establishments; or
(3)
Other area: The Planning Commission may designate and approve other
areas as residential cluster subdivision districts subject to the
final approval of the City Council and consistent with good zoning
and planning practices.
D.
A residential cluster subdivision is designed to provide greater
economy, efficiency and convenience in the siting of services and
infrastructure, including the opportunity to reduce road lengths,
utility runs, and the amount of paving required.
E.
This district will provide more efficient allocation of parks, recreation
areas and open space. In order to encourage more attractive site planning
and building appearances, the controls provided for in the site plan
requirements and subdivision requirements are flexible in nature.
All structures within this district shall meet the minimum firewall
regulations set forth in adopted City building and fire codes.
The cluster residential subdivision shall only be available
within the Residential and Agricultural Districts.
A.
Residential cluster housing shall be used for the following purposes:
(1)
Single-family and two-family dwellings.
(2)
Accessory buildings and uses customarily incidental to the permitted
uses.
(3)
Off-street parking necessary and incidental to residential occupancy
of the property.
(4)
Private swimming pool, tennis court and other similar facilities
in conjunction with the residence.
(5)
The following accessory uses, which are permitted as common facilities
for the use or benefit of residents of the cluster subdivision as
shown on the development plan:
(a)
Outdoor recreation facilities, including tennis courts, golf
courses, swimming pools, basketball courts, playgrounds, docks, trails,
community gardens, and other common outdoor recreational facilities;
(b)
Indoor recreational facilities, including a swimming pool, clubhouse,
cabana, spa, tennis courts, and other common indoor recreational facilities;
and
(c)
Storage facilities for cluster subdivision maintenance equipment.
B.
Bedroom limitation. In the absence of municipal sewer system to service
the cluster subdivision, the number of bedrooms per unit shall be
determined by the Canadian County Health Department and the City of
El Reno Community Services Director based on standards and specifications
for aerated septic systems established by the Oklahoma Department
of Environmental Quality (ODEQ).
A.
Marginal environmental area.
(2)
Residential cluster housing projects shall utilize that portion of
the property defined as an environmental marginal area as common,
open or green space for recreational purposes only. No dwellings,
accessory buildings, streets or development of any type other than
recreational purposes shall be allowed within the boundary of the
environmental marginal area. All environmental marginal areas will
be plainly delineated on the development plans and preliminary plat
for residential cluster housing projects.
B.
Transition area. Residential cluster subdivision projects shall be
located on property which separates residential districts from commercial
districts. A demonstrated need must exist for such a residential cluster
housing separation between a single-family residential district and
a commercial district. It shall be the responsibility of the developer
to demonstrate such a need for the separation.
C.
Other areas. Residential cluster subdivision projects shall be located
on property considered appropriate consistent with good zoning and
planning practices.
A.
Site size. The residential cluster housing residential dwelling districts
shall not be allowed on tracts of land less than five contiguous acres.
B.
Intensity of use. In no case shall there be more than eight dwelling
units per acre.
C.
Coverage. Total lot coverage, including main and accessory buildings,
access drives and parking, shall not cover more than 55% of each lot
of the cluster housing development. Thirty-five percent of a residential
cluster housing development's acreage shall be dedicated to open space,
common areas or green areas suitable for recreational use with maintenance
and operation provided by the property owners' association.
D.
Lot size. Lots shall have a minimum width of 40 feet at the building
line. A minimum of 2,000 square feet shall be within each lot.
E.
Setback requirements.
(1)
Front yard. All buildings shall be set back from the street right-of-way
line a minimum of 10 feet.
(2)
Side yard.
(a)
There shall be a minimum of 10 feet between each single-story
dwelling structure. Two-story dwelling structures shall require a
minimum of 15 feet between dwelling structures. All allowed multiplex
structures shall provide side walls which are fireproof and meet or
exceed the City building and fire codes.
(b)
On any corner lot, a building shall be set back a minimum distance
of 10 feet from both street right-of-way lines.
(c)
When a lot abuts another dwelling district, the building on
such lot shall have a side yard setback minimum of 10 feet from the
side property line abutting the zone.
F.
Height regulations. No building shall exceed 2 1/2 stories or
35 feet in height.
G.
Fire regulations. All cluster housing shall meet the minimum firewall
regulations and requirements set forth in the current adopted City
building and fire codes. The placement and construction of firewalls
shall first be approved by the Fire Marshal and the Building Inspector.
H.
Open space, common areas or green areas. Fifty-five percent of a
residential cluster housing development's acreage shall be dedicated
to open space, common areas or green areas suitable for recreational
use, with maintenance and operation provided by the property owners'
association. Land under private group or unit ownership (property
owners' association) shall be used for open recreation space in this
district when designated as open space, common area or green area
on a plat, provided:
(1)
The agreements, provisions or covenants which govern the use, maintenance
and continued protection of the space are submitted for approval with
the final plat; and
(2)
Upon approval of the final plat, there shall be an easement recorded
in the County Clerk's office, running with the land to the unit or
group responsible for the area, limiting uses of such space to an
open area without buildings or structures for which a building permit
is required and which easement shall not be revoked without consent
of the City commission.
I.
Parking. When off-street parking is necessary, development shall follow § 361-16 of this chapter.
K.
Services.
(1)
The proposed cluster subdivision must comply with the requirements
for water, sewage and storm drainage as required for preliminary subdivision
plat applications, final plat applications, minor subdivision applications,
or property split subdivision applications, as applicable.
(2)
Water and sanitary sewer facilities shall be designed and installed
in accordance with local and state standards. Municipal or common
systems shall be located within the rights-of-way of the internal
street system. The design and layout of such facilities must have
prior written approval of the appropriate local and state authorities.
Such facilities shall be installed at the expense of the developer.
(3)
All dwelling units shall be served by the City of El Reno/El Reno
Municipal Authority or similar system if access to such system is
available within 1,000 feet of the site; otherwise, all units shall
be served by a single or community water system or individual wells.
(4)
All dwelling units shall also be served by the municipal sewerage
system is access to such a system is available within 1,000 feet of
the site; otherwise, all units shall be served by a single or community
sewerage system.
(5)
In the absence of municipal sewer system to service the cluster subdivision,
the number of bedrooms per unit shall be determined by the City of
El Reno Community Services Director and the Canadian County Health
Department following standard specifications prescribed by the Oklahoma
Department of Environmental Quality (ODEQ).
L.
Sidewalks. In addition to the standards in § 361-29, sidewalks shall be provided in all cluster housing areas or when deemed that sidewalks will provide essential pedestrian access to a community center, shopping or public facilities such as parks, schools, etc. Sidewalks will be constructed in accordance with the City of El Reno Construction Standards Manual.
M.
Streets.
(1)
All roads and streets developed within the cluster subdivision shall
be designed and constructed in accordance with the City of El Reno
Construction Standards Manual and shall also be designed in a manner
so as to limit the amount of impact on the open space areas of the
subdivision.
(2)
Private roads shall not be permitted in cluster subdivisions.
N.
Design requirements.
(1)
Diversity and originality in lot layout and individual building design
shall be encouraged to achieve the best possible relationship between
development and the land.
(2)
Natural surface drainage channels shall be either incorporated into
the overall site design or shall be preserved as part of the required
open space.
(3)
Lots, buildings, streets, parking areas, and cluster units shall
be designed and arranged to:
(a)
Minimize alteration of the natural site feature to be preserved;
(b)
Relate to surrounding properties;
(c)
Improve the view from and view of buildings;
(d)
Lessen the area devoted to motor vehicle access; and
(e)
Avoid the adverse effects of noise, shadows, lights, and traffic
on the residents of the development.
O.
Management requirements. An integral part of the cluster subdivision
development plan submission requires the preparation and presentation
to the Municipal Planning Commission, by the developer, of the proposed
articles of association or incorporation which establish the homeowners'
association. Said document must be approved, in writing, by the Municipal
Planning Commission prior to the granting of development approval.
Any proposed changes in such articles of association or incorporation
shall require the prior written approval of the Municipal Planning
Commission. The following shall apply to the provisions of the articles
of association or incorporation:
(1)
Membership.
(a)
Membership in the homeowners' association shall be mandatory
for cluster subdivision property owners and made a required covenant
in all deeds issued or passed.
(b)
The association shall provide voting and use rights in the open
space area(s) when applicable and may charge dues or levy assessments
to cover expenses, which may include tax liabilities of common areas
and for the maintenance of such common areas, open space areas, improvements,
rights-of-way, utilities, etc.
(c)
Such organization shall be responsible for the perpetuation,
maintenance, and function of all common lands, uses, and facilities.
P.
Restrictive covenants.
Q.
Continuance of restrictive covenants and the association.
(1)
Such restrictive covenants and the association shall continue in
effect so as to control the availability of facilities for their intended
function, and to protect the development from additional unplanned
densities and use.
(2)
Such association shall not be dissolved, nor shall such association
dispose of any common, open space, or natural land by sale or otherwise,
except to an organization or association conceived and organized to
own and maintain such areas, without prior written consent of the
El Reno City Council.
R.
Open space land.
(1)
Except as may otherwise be allowed by the Metropolitan Planning Commission
and City Council in accordance with this article, any and all open
space lands within a cluster residential development tract shall be
held in common ownership by the dwelling unit owners.
(2)
All open space, however, has been set aside to lessen the environmental
impact of subdivisions on the City. Therefore, any change in the open
space, other than to maintain it in reasonable order and condition
in accordance with the approved final plan, requires prior written
approval of the Metropolitan Planning Commission and City Council.
S.
Failure to maintain open space areas.
(1)
Notification by City. In the event that the organization established
to own and maintain the open space areas, or any successor organization,
or the owner or owners of the dwelling units located within the development
who own said open space shall, for any reason, fail to maintain the
open space in reasonable order and condition in accordance with the
approved final plan, the City Council shall serve written notice upon
such organization, successor organization, or residents setting forth
the deficiencies in the maintenance, order, and condition of the open
space.
(2)
Contents of notice. Such notice shall include a demand that said
deficiencies be cured forthwith and that a statement of intent to
comply and a date of compliance shall be filed with the City Council
within 14 days of said notice.
(3)
Public hearing. If such maintenance shall not have been performed
or said statement of intent shall not have been filed by the stated
time, the City Council shall hold a public hearing, with notice to
the officers of the organization and notice as required by the Official
Code of the City of El Reno. At the hearing, the organization or the
residents of the development shall show cause why such maintenance
has not been performed.
(4)
Court action. Following the hearing, the City may initiate court
action to remedy the violation, including the right to enter and perform
the necessary maintenance, the right to recoup costs associated with
such maintenance, the right to place liens on individual units, the
right to levy fines, and the right to collect attorney's fees.
(5)
Compatibility with existing documents. Provisions of this section
shall in no way be in derogation of, or supplant the rights of the
City as provided in any declaration or other documents related to
a cluster which are recorded in the covenants, conditions and restrictions
filed with the final plat with the Clerk of Canadian County.
T.
Cost of such maintenance by the City.
(1)
The cost of such maintenance by the City shall be assessed against
the properties in the development in direct relation to their proportionate
interest in the common area and shall become a tax lien on said properties.
(2)
At the time of entering upon said common areas for the purpose of
maintenance, notice of such lien shall be filed in the office of the
Clerk of Canadian County.
U.
Development plan review. In addition to the platting requirements outlined in Chapter 312, Subdivision of Land, all applications for zoning classification as a residential cluster subdivision shall follow the following process for review and rezoning approval:
(1)
Site plan review. The purpose of the site plan is to safeguard the developer from unnecessary loss of time and expense in preparation of a residential cluster subdivision site plan and plat while also ensuring that the proposed development complies with the Comprehensive Plan and intent of this article. The site plan can be submitted for review and comment to the Municipal Planning Commission prior to preparation of a preliminary plat or may serve as the preliminary plat if all requirements outlined in Chapter 312 are met.
(b)
Phased development. In cases where a residential cluster subdivision
is to be developed in stages with additional plats being filed with
the Municipal Planning Commission at a later date(s), the site plan
will include a reasonably accurate sketch form of the entire tract
which will show the future street system, lot configuration, and open
space allocation for each phase.
(2)
Modification of plans. Any proposed amendment, deviation or change
to an approved final site plan must be reviewed by the Community Services
Director to determine whether the proposed change constitute a minor
or major modification. A major modification is required for changes
which include:
