The RC Rural Conservation Development Overlay District is intended
to require development design standards and techniques in sensitive
environmental areas around Seward that preserve unique landforms and
the character of land. The techniques of the RC District require that
the natural landforms determine the design and character of new residential
development in these sensitive areas. Areas of environmental sensitivity
and potential application of the RC Overlay District may be established
by the City's Comprehensive Development Plan.
Subdivisions in an RC Overlay District generally follow the approval procedures outlined in Article
44, establishing the process for preliminary and final plat approval. Projects which do not require subdivision follow approval procedures appropriate to the specific project, including conditional use permits, zoning amendments, site plan review, or other applicable measures. The requirements and standards included in this article are in addition to those established procedures.
Land uses permitted in an RC District are the same as those
permitted in the underlying base district.
Developments in RC Overlay Districts are permitted the same
density on developable area as would be allowed to conventional residential
development in the underlying zoning district. Yield in housing units
(Y) is calculated by the formula:
Where:
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TA
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=
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Total parcel area.
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UA
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=
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Undevelopable areas, defined as the sum of wetlands designated
by the National Wetlands Survey, Water of the United States, slopes
exceeding 20%, floodways, and soils subject to slumping, as indicated
on the medium intensity maps contained in the county soil survey published
by the USDA Natural Resources Conservation Service, is subtracted
from the total parcel area.
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0.90
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=
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An allowance for the typical percentage of land available after
deducting the area of public streets and rights-of-way serving a low-density
residential development.
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SA
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=
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Minimum site area per unit required by the underlying zoning
district.
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The review and approval process for subdivisions in the RC Overlay District is the same as that for conventional subdivisions, as set forth in Article
38. Additional provisions and approval processes are set forth in this section.
A. Existing features plan.
(1)
Plans analyzing each site's special features are required for
all proposed subdivisions. The existing features plan shall include,
at a minimum:
(a) A contour map based at least upon topographical maps published by
the United States Geological Survey;
(b) The location of severely constraining elements such as steep slopes
(over 25%), wetlands, watercourses, intermittent streams and one-hundred-year
floodplains, and all rights-of-way and easements;
(c) Soil boundaries as shown on USDA Natural Resources Conservation Service
medium intensity maps; and
(d) The location of significant features such as woodlands, treelines,
open fields or meadows, scenic views into or out from property, watershed
divides and drainageways, fences or stone walls, rock outcrops, and
existing structures, roads, tracks and trails.
(2)
The existing features plan shall identify both primary conservation areas and secondary conservation areas, as described in §
410-27.6B(1) and
(2) of this article. The existing features plan shall form the basis for the conceptual preliminary plan, which shall show the tentative location of houses, streets, lot lines, and greenway lands in new subdivisions, according to the four-step design process described in Subsection
B below.
B. Conceptual preliminary plan.
(1) A sketch plan or a conceptual preliminary plan shall be submitted
for all proposed subdivisions to the Zoning Administrator before submission
of a formal preliminary plat application. A conceptual preliminary
plan presents a conceptual layout for greenway and open lands, house
sites, and street alignments. Each conceptual preliminary plan shall
follow a four-step design process, as described below. Applicants
shall be prepared to demonstrate to the Zoning Administrator that
these four design steps were followed in the preparation of the plan.
(a)
Step One: Designating the Open Space. During the first step,
all potential conservation areas (both primary and secondary as defined
above) are identified, using the existing features plan.
(b)
Step Two: Location of House Sites. During the second step, potential
house sites are located. Subdivision applicants shall identify tentative
house sites on the conceptual preliminary plan and proposed house
sites on the detailed final plan. House sites should generally be
located not closer than 100 feet to primary conservation areas, but
may be situated within 50 feet of secondary conservation areas, in
order to enjoy views of the latter without negatively affecting the
former.
(c)
Step Three: Street and Lot Layout. The third step consists of
aligning proposed streets to provide vehicular access to each house
in the most reasonable and economical way. When lots and access streets
are laid out, they shall be located in a way that avoids or at least
minimizes adverse impacts on both the primary and secondary conservation
areas. To the greatest extent practicable, wetland crossings and streets
traversing existing slopes over 15% shall be strongly discouraged.
Street connections shall generally be encouraged to minimize the number
of new culs-de-sac to be maintained and to facilitate easy access
to and from homes in different parts of the property (and on adjoining
parcels). Where culs-de-sac are necessary, those serving six or fewer
homes may be designed with "hammerheads" facilitating three-point
turns. In TND Districts, the location of house sites follows the location
of streets and squares.
(d)
Step Four: Lot Lines. The fourth step is simply to draw in the
lot line (where applicable). These are generally drawn midway between
house locations and may include L-shaped "flag lots" meeting the City's
minimum standards for the same.
(2)
Review and comments. The Zoning Administrator and the Public
Works Director shall return written comments on the conceptual preliminary
plan to the applicant within 30 days of submittal. These comments
should recommend changes to be made prior to submittal of a preliminary
plat application.
Developments in the RC Overlay District shall provide for ownership
and maintenance of common open space. Common open space within a development
shall be owned, administered, and maintained by any of the following
methods, either individually or in combination, and subject to approval
by the City.
A. Offer of dedication. The City of Seward, Seward County, or the Natural
Resources District shall have the first and last offer of dedication
of undivided open space in the event said land is to be conveyed.
Dedication shall take the form of a fee simple ownership. The City
or other public agency may, but shall not be required to accept undivided
open space, provided: 1) such land is accessible to the residents
of the county; 2) there is no cost of acquisition other than any costs
incidental to the transfer of ownership, such as title insurance;
and 3) the county agrees to and has access to maintain such lands.
Alternatively, a public agency may accept an easement, subject to
the above conditions.
B. Homeowners' association. The undivided open space and associated
facilities may be held in common ownership by a homeowners' association.
The association shall be formed and operated under the following provisions:
(1)
The developer shall provide a description of the association,
including its bylaws and methods for maintaining the open space.
(2)
The association shall be organized by the developer and shall
be operated with financial assistance from the developer, before the
sale of any lots within the development.
(3)
Membership in the association is automatic (mandatory) for all
purchasers of homes therein and their successors. The conditions and
timing of transferring control of the association from developer to
homeowners shall be identified.
(4)
The association shall be responsible for maintenance of insurance
and taxes on undivided open space, enforceable by liens placed by
the county on the association. The association may place liens on
the homes or house lots of its members who fail to pay their association
dues in a timely manner. Such liens may require the imposition of
penalty interest charges.
(5)
The members of the association shall share equitably the costs
of maintaining and developing such undivided open space. Shares shall
be defined within the association bylaws.
(6)
In the event of a proposed transfer, within the methods here
permitted, of undivided open space land by the homeowners' association,
or of the assumption of maintenance of undivided open space land by
a public agency, notice of such action shall be given to all property
owners within the development.
(7)
The homeowners' association may lease open space lands to any
other qualified person, or corporation, for operation and maintenance
of open space lands.
C. Condominiums. The undivided open space and associated facilities
may be controlled through the use of condominium agreements. Such
agreements shall be in conformance with the state statute. All undivided
open space land shall be held as a "common element."
D. Transfer of easements to a private conservation organization. An
owner may transfer easements to a private, nonprofit organization,
among whose purposes it is to conserve open space and/or natural resources,
provided that:
(1)
The organization is acceptable to the City, and is a bona fide
conservation organization with perpetual existence;
(2)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization becomes unwilling
or unable to continue carrying out its functions; and
(3)
A maintenance agreement acceptable to the Planning Commission
is entered into by the developer and the organization.
In evaluating the layout of lots and open space, the following
criteria will be considered by the Planning Commission and City Council
as indicating design appropriate to the site's natural, historic,
and cultural features, and meeting the purpose of this chapter:
A. Protection of floodplains, wetlands, and steep slopes from clearing,
grading, filling, or construction, except as may be approved for essential
infrastructure or active or passive recreation amenities.
B. Preservation and maintenance of woodlands, existing fields, pastures,
meadows, and orchards, and sufficient buffer areas to minimize conflicts
between residential and agricultural uses.
C. Maintenance of buffers at least 100 feet in depth adjacent to wetlands
and surface waters, including creeks, streams, springs, lakes and
ponds.
D. Design around existing treelines between fields or meadows, and minimal
impacts on large woodlands (greater than five acres), especially those
containing many mature trees or a significant wildlife habitat.
E. Maintenance of scenic views.
F. Avoidance of new construction on prominent hilltops or ridges, by
taking advantage of lower topographic features.
G. Protection of wildlife habitat areas of species listed as endangered,
threatened, or of special concern by the United States Environmental
Protection Agency.
H. Design around and preserves sites of historic, archaeological, or
cultural value, including stone walls, barn foundations, cellar holes,
earthworks, and burial grounds.
I. Protection of rural character and improves public safety and vehicular
carrying capacity by avoiding development fronting directly onto existing
public roads.
J. Landscaping of common areas if appropriate.
K. Provision of active or passive recreational areas in suitable locations
that offer convenient access by residents and adequate screening from
nearby house lots.
L. Inclusion of a pedestrian circulation system providing access between
properties, activities, or special features within the neighborhood
open space system. All roadside footpaths should connect with off-road
trails.
M. Provision of open space that is reasonably contiguous, avoiding fragmented
open spaces.