It is the purpose of this chapter to permit residential cluster development in order to:
A. 
Protect environmentally sensitive areas and preserve on a permanent basis open space and natural features;
B. 
Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography in steep sloped areas;
C. 
Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development;
D. 
Decrease or minimize erosion and hazards associated with geologically sensitive areas; and
E. 
Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets.
(Ord. 2765 § 2, 2012)
As used in this chapter, the following words and terms shall have the meanings specified herein:
"Cluster" or "clustering"
means a grouping of buildings and structures in specific areas on a parcel to allow the remaining land to be used for recreation or open space. The techniques used to concentrate buildings may include, but not be limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the resultant open space being devoted by deed restrictions for one or more open space or recreational uses.
"Cluster development"
means a land development project in which the site planning technique of clustering dwelling units is employed.
"Common open space"
means the portion of the site set aside in perpetuity as open space. This area may include freshwater wetlands, floodplains or flood-hazard areas, stream corridors, prime agricultural lands, habitats of endangered wildlife, as identified on applicable federal or state lists, scenic views, historical or cultural features, archaeological sites, or other elements to be protected from development.
"Gross area"
means the total area of the site, including the net buildable area and public rights of-way.
"Land development project"
means a project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as are provided for in the zoning ordinance.
"Net buildable area"
means the portion of the cluster development that may be developed or used for common open space, whether publicly dedicated or private, but excluding private streets, public streets, and other publicly dedicated space.
"Site plan"
means the development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.
(Ord. 2765 § 3, 2012)
A. 
Residential cluster development may be permitted in any SSR, RL, RM, or RR zoning district located within the area designated as steep slope residential in the comprehensive plan.
1. 
All permitted and accessory uses authorized in the applicable residential zoning district(s) shall be allowed in the cluster development. In addition, multifamily dwellings, duplexes, and townhouses may be permitted for a cluster development located in a residential zoning district that does not otherwise allow attached dwelling units.
2. 
Maximum building height and parking requirements for the applicable zoning district shall apply to the cluster development. Parking requirements, however, may be applied to the entire site rather than to any individual lot.
B. 
The following provisions shall apply to any residential cluster development, regardless of the general requirements of the applicable residential zoning district:
1. 
The minimum area of the cluster development shall be more than five acres.
2. 
No minimum width or depth of a lot shall apply.
3. 
A minimum separation of fifteen feet shall be provided between all principal buildings and structures.
4. 
An open space border (which may consist of common open space or a series of private yards) shall be provided around the cluster development of at least twenty-five feet in depth as measured from the side and rear lot lines of the entire cluster development.
5. 
An open space setback (which may consist of common open space or a series of private yards) shall be provided of at least ten feet in depth as measured from any public right-of-way (this open space may be included in the open space required in subsection (B)(4) of this section if the cluster development is bordered by a street).
6. 
Each lot shall have access to a public street and such access may be shared with other lots.
7. 
More than one principal building or structure may be placed on a lot, but only if delineated on the proposed site plan.
8. 
In addition to open space required above, not less than twenty-five percent of the site shall be conveyed as common open space in the manner provided for in Section 18.59.080.
(Ord. 2765 § 4, 2012)
A. 
An application for a clustered development must be made concurrently with any rezone, conditional use permit, preliminary plat or short plat that may be necessary to implement the proposed clustered subdivision and its related land divisions and uses.
B. 
The preliminary and final site plan for a residential cluster development shall include, but shall not be limited to, the following information:
1. 
The maximum number and type of dwelling units proposed;
2. 
The areas of the site on which the dwelling units are to be constructed or are currently located and their size (this may take the form of the footprint of the dwelling unit or a building envelope showing the general area in which the dwelling unit is to be located);
3. 
The calculations for the permitted number of dwelling units, derived pursuant to Section 18.59.050;
4. 
The areas of the site on which other proposed principal and accessory uses may be located and their size;
5. 
The areas of the site designated for common open space and their size;
6. 
The areas of the site designated for parking and loading and the size of individual spaces;
7. 
The location of sidewalks, trails, and bike paths;
8. 
The number of acres that are proposed to be conveyed as common open space;
9. 
The concurrent applications for any related, rezone, conditional use permit, preliminary plat or short plat pursuant to the applicable section of the PMC governing such applications; and
10. 
Any environmental document, including but not limited to the checklist required under the State Environmental Policy Act, that may be required by Title 16.
(Ord. 2765 § 5, 2012)
A. 
The maximum number of units permitted in the SSR zone shall not exceed one unit per acre.
B. 
The maximum numbers of dwelling units proposed for a residential cluster development shall not exceed the number of dwelling units otherwise permitted, as calculated below, for the residential zoning district in which the parcel is located.
C. 
The number of permitted dwelling units on a site shall be calculated in the following manner:
1. 
Measure the gross area of the proposed cluster development site in acres and tenths of an acre;
2. 
Subtract from the gross area determined in subsection (C)(1) of this section the preexisting area of public and private streets and other publicly dedicated improvements or reservations, measured in acres and tenths of an acre. The remainder shall be the net buildable area;
3. 
Convert the net buildable area from acres to square feet (SF), using the equivalency of forty-three thousand five hundred sixty square feet equals one acre; and
4. 
Divide the net buildable area by forty-three thousand five hundred sixty in the SSR zone, twenty thousand in the RR zone, ten thousand in the RL zone and seven thousand five hundred in the RM zone. This figure shall be rounded to the nearest lower number to establish the maximum number of dwelling units to be permitted in the cluster development.
(Ord. 2765 § 6, 2012)
A. 
For any cluster development involving the creation of five or more lots:
1. 
Any proposed cluster development that requires the creation of five or more lots shall be processed as a Type III application concurrently with any applicable rezone (pursuant to Chapter 18.78) and with the preliminary plat (pursuant to Chapter 17.12) to create the lots proposed in the cluster development.
2. 
The planning commission shall review and may recommend approval or denial to the city council of residential cluster developments as a part of its consideration of action on any proposed subdivision within the area designated as steep slope residential.
3. 
Upon receipt of the planning commission's recommendation regarding the proposed cluster subdivision, any applicable rezone and preliminary plat, the council may, at its next public meeting, set the date for the closed record decision hearing at which the planning commission's recommendation will be considered. At the meeting scheduled for considering the preliminary plat the council shall, after reviewing the recommendation of the planning commission and other relevant evidence presented to it, either concur in or reject the planning commission's recommendation.
4. 
Approval of the cluster development may only be made concurrently with any applicable rezone and preliminary plat and shall become final only upon the final approval of the plat, pursuant to Chapter 17.14.
5. 
The approval of a cluster development and any applicable rezone shall lapse with any preliminary plat if such plat approval lapses, pursuant to Section 17.12.110.
6. 
No new residential structures shall be constructed on the subject property until final plat approval.
B. 
For any cluster development involving a short plat or a condominium without land division:
1. 
Any proposed cluster development that requires the creation of four or fewer lots shall be processed as a Type III application concurrently with any applicable rezone, pursuant to Chapter 18.78, and, if applicable, with the proposed short plat, pursuant to Chapter 17.15, to create the lots proposed in the cluster development. Approval of the cluster development may only be made concurrently with any applicable rezone and any associated short plat.
2. 
The planning commission shall review and may recommend approval or denial to the city council of residential cluster developments along with any applicable rezone within the area designated as steep slope residential.
3. 
Upon receipt of the planning commission's recommendation on the proposed cluster subdivision and any applicable rezone, the council shall, at its next public meeting, set the date for the public meeting at which the planning commission's recommendation will be considered. At the meeting scheduled for considering the proposed development the council shall, after reviewing the recommendation of the planning commission and other relevant evidence presented to it, either concur in or reject the planning commission's recommendation.
4. 
Any approval of a short plat shall be consistent with the terms and conditions of the approval of the applicable cluster subdivision by the city council.
5. 
No new residential structures shall be constructed until the short plat is recorded with the Benton County auditor.
6. 
The application for a proposed clustered subdivision may include proposals for conditional uses within any applicable zone. The recommendations of the planning commission shall include consideration of any such conditional uses and the city council may consider and act on those recommendations in lieu of the board of adjustment subject to the same conditions specified in Section 18.75.050.
(Ord. 2765 § 7, 2012)
A. 
In reviewing a residential cluster development, the planning commission shall determine whether:
1. 
The site plan satisfies the requirements of Sections 18.59.030, 18.59.040, and 18.59.050.
2. 
The proposed cluster development is consistent with any studies including, but not limited to, geological studies and other requirements required pursuant to Title 16.
3. 
The proposed clustering is planned to occur at the lowest practical elevation to facilitate access by and to city services, and to conserve hillside views from the city.
4. 
The design of cluster developments is to be based on reducing the impact on the critical areas and minimizing potential hazards.
5. 
Clustering may include townhouses and similar common wall structures.
6. 
The proposed cluster development provides building design and placement that conserves, and is consistent with, the visual amenities offered by the hillsides and avoids blocking views from other sites.
7. 
The proposed cluster development includes the specific designation of open space areas and includes measures (such as zoning restrictions, deed restrictions, plat conditions, public dedication, etc.) to permanently reserve such open space as open space.
8. 
The buildings and structures are adequately grouped so at least twenty-five percent of the total area of the site is set aside as common open space. To the greatest degree practicable, common open space shall be designated as a single block and not be divided into unconnected small parcels located in various parts of the development.
9. 
Whether pedestrian access to the common open space is appropriate and, if so, where appropriate access is provided.
10. 
Individual lots, buildings, structures, streets, and parking areas are situated to minimize the alteration of natural features, natural vegetation, and topography.
11. 
Existing scenic views or vistas are permitted to remain unobstructed, especially from public streets.
12. 
The site plan accommodates and preserves any features of historic, cultural, or archaeological value.
13. 
The cluster development advances the purposes of this chapter as stated in Section 18.59.010.
B. 
The planning commission may, in its opinion, apply such special conditions or stipulations to its approval of a residential cluster development as may be required to mitigate direct impacts of the development and to promote the objectives and purposes of the comprehensive plan and the zoning and subdivision ordinances.
C. 
The planning commission may only recommend approval of the proposed clustered development and any related rezones or plats if it finds that the requirements of subsection A of this section are satisfied, subject to any special conditions or stipulations pursuant to subsection B of this section.
D. 
The deed restriction shall be free of any liens and shall be approved by the city council and city attorney and shall be enforceable by the city through legal and equitable remedies.
(Ord. 2765 § 8, 2012)
A. 
Common open space provided by a residential cluster development shall be conveyed as follows:
1. 
To the city of Prosser (or other appropriate local government) and accepted by it for park, open space, agricultural, or other specified use or uses; provided, that the conveyance is approved by the city council and is in a form approved by its attorney; or
2. 
To a nonprofit organization whose principal purpose is the conservation of open space, to a corporation or trust owned or to be owned by the owners of lots or dwelling units within the residential cluster development, or to owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with the conveyances of the lots or dwelling units. The conveyance shall be approved by the city council and shall be in a form approved by the city attorney.
B. 
In any case, where the common open space in a residential cluster development is conveyed pursuant to subsection (A)(1) of this section, a deed restriction enforceable by the city shall be recorded that provides that the common open space shall:
1. 
Be kept and maintained in the authorized condition(s); and
2. 
Not be developed for principal uses, accessory uses (e.g., parking), or roadways.
(Ord. 2765 § 9, 2012)
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter.
(Ord. 2765 § 10, 2012)