This chapter is intended to provide an innovative development technique that allows development to occupy that portion of a project site that is most conducive to development while protecting sensitive areas such as steep slopes, wetlands, riparian areas, high value habitat areas, or lands with other development limitations. The use of this chapter does not allow for the creation of densities at the project level that violate the density limits identified in the comprehensive plan and the zoning district in which the development is located. This chapter implements the City of Leavenworth Comprehensive Plan by promoting innovative development techniques which include cluster subdivision.
(Ord. 1223 § 1, 2004)
The administration of this chapter is set forth within the provisions of this chapter and LMC Title 21. The community development director is vested with the duty of administering and interpreting the provisions of this title. The director is given the authority to summarily approve, approve with conditions, disapprove, or return for modification all proposed short subdivisions in conformance with Chapter 17.08 LMC. The hearing examiner is given the authority to summarily approve, approve with conditions, disapprove, or return for modification all proposed major subdivisions in conformance with Chapter 17.12 LMC. Prior to the submission of a short or major subdivision application for cluster development, the applicant shall arrange for a preapplication meeting as required and outlined in LMC § 21.07.020.
(Ord. 1223 § 1, 2004)
The use of this chapter is voluntary on the part of the applicant and represents an alternative approach to conventional short subdivision or major subdivision development. Applications for cluster subdivision shall be made on the appropriate forms for the applicable short subdivision or major subdivision in conformance with the provisions of this title, filing fees, required improvements, and all other requirements, except those specifically modified by this chapter, shall comply with the provisions contained in Chapters 17.08 or 17.12 LMC.
(Ord. 1223 § 1, 2004)
Cluster subdivisions are allowed for the division and redivision of property in all residential and recreational zoning districts contained in LMC Title 18.
(Ord. 1223 § 1, 2004)
The use of this chapter supersedes the individual lot size requirements found in LMC Title 18 for the residential and recreational zoning districts but maintains the zoning district's maximum density at the project level. For the purposes of this chapter, the minimum lot size for the zoning district shall be divided into the gross area of the project size to ascertain the maximum number of lots that can be created through the use of this procedure; provided, that slope areas in excess of 40 percent slope and designated critical areas as identified in Chapter 16.08 LMC are only credited at 50 percent of their area for the purpose of calculating the maximum number of allowable lots. All other zoning regulations and use limitations shall remain in full force and effect.
(Ord. 1223 § 1, 2004)
In the residential and recreational zoning districts, individual lot sizes shall be able to meet provisions for domestic water, sewer, and all other required utilities; accommodate minimum setback requirements; and demonstrate an adequate building envelope. Minimum lot sizes shall not be less than 6,000 square feet; however, that 6,000 square feet can be reduced further up to a maximum of 50 percent (i.e., 3,000 square feet) with the remainder of the project site maintained as areas required to provide the necessary streets, utilities, public services, undeveloped lands, open space, and areas dedicated for use as public or private areas such as parks, playgrounds, other passive or scenic recreational areas, or for the conservation and protection of critical areas. The maximum number of lots shall not exceed the applicable zoning district's maximum density at the project level (gross project area minus applicable zoning district's minimum lot size equals maximum number of allowable lots, in conformance with LMC § 17.16.050).
(Ord. 1223 § 1, 2004)
A. 
Open space or other public recreational areas identified as a result of the application of LMC § 17.16.060 shall be clearly identified on the face of the plat and numbered as a tract with the following language inserted on the face of the final plat mylar:
This tract is held in reserve as permanent open space (or other identified area) and shall not be used as a residential building lot or encroached upon in any manner not approved in the plat application approval.
B. 
Adequate provisions for the maintenance of identified open space or common areas shall be provided for prior to final subdivision approval.
C. 
All open space and common areas shall be accessible for the intended use without trespassing on private property.
(Ord. 1223 § 1, 2004)