F. - Cluster subdivision: Special requirements.

1.

General. Cluster subdivisions are encouraged by-right in the R-C District where terrain and environmental characteristics create conditions where smaller lot sizes, a mix of dwelling types, preservation of mature trees, and community amenities and open spaces would create a better living environment for its residential. The cluster subdivision option permits the applicant to build at greater density. Cluster development guidelines provide for open space and recreational features within the subdivision. Single family detached or attached dwellings (including townhouses) are permitted by-right and multifamily dwellings may be permitted by special use permit.

2.

Mix of units. The cluster subdivision option encourages a mix of residential dwelling units and lot sizes with single family detached dwellings being the dominant unit type. The combined number of single family attached and multifamily dwellings shall not exceed seventy-five (75) percent of the total number of approved residential units in the R-C cluster subdivision.

3.

Concept Plan. A concept plan in accord with the requirements of section VIII shall be required with the application for a cluster subdivision special use permit. The applicant shall schedule a pre-application meeting with the zoning administrator to review the general scope of the project and to determine the specific requirements of the concept plan and other matters related to the special use permit application.

4.

Frontage, Cluster Subdivisions. All residential uses and lots related thereto in a cluster subdivision shall have frontage on and direct access to either: (1) a dedicated public street, or (2) a private street (with or without combined parking located on the private street) subject to approval by the zoning administrator. If access is to be provided by means of a private street, the private street or combined private street and parking facilities shall be constructed in accordance with any applicable city design standards and private access and parking easement requirements.

5.

Density of development. The total number of residential dwelling units permitted in a cluster subdivision shall be based on the maximum residential density for each dwelling type (see Table 11.1) multiplied by the net developable area of the cluster subdivision. The net developable area is defined as the gross area of the site less the area of the following land characteristics:

a.

Wetlands and water features;

b.

Stream valleys, rivers, and one hundred-year floodplain; and

c.

Soil limitations, geological features, and adverse terrain characteristics that are otherwise unsuited for the character and form of proposed residential development.

(For example, if thirty-three (33) percent of a hypothetical fifty (50) net acres of a site is to be allocated to townhouse development, the allowable townhouse density would be calculated as follows: thirty-three (33) percent times fifty (50) net acres times nine (9) DU/AC = one hundred forty-nine (149) townhouse dwelling units.) The cluster development application shall provide map exhibits and calculations for the net land area of the property. However, in no instance shall the applicant be limited to a number of clustered residential dwellings that can be demonstrated by the applicant to yield less than what could otherwise be legally achievable on the property under conventional R-C District lot size and yard regulations.

6.

Lot characteristics. Individual residential lots within a cluster subdivision shall be designed and platted such that not greater than twenty (20) percent of the required minimum lot area for each lot is comprised of one or more of the following physical land units:

a.

Slopes thirty (30) percent or greater;

b.

Stormwater management facilities;

c.

Wetlands or water features;

d.

One hundred-year floodplains; and

e.

Transmission lines and easements.

7.

No more than one single-family detached dwelling or attached dwelling may be located on a single lot in a cluster subdivision.

8.

A single-family attached buildings shall contain at least two (2) but no more than eight (8) side-by-side dwelling units.

9.

The facades of single family attached dwellings in a group shall be varied by changed setbacks or variations in exterior architectural materials or design so that no more than three (3) abutting dwellings will have the same or essentially the same architectural treatment of facades and rooflines.

10.

Single-family attached buildings shall maintain a minimum setback of fifteen (15) feet of separation from private streets, alleys, travel aisles.

11.

Single family attached dwellings shall maintain a minimum setback of ten (10) feet from on- or off-street parking areas, sidewalks, and pedestrian trails.

12.

Open space requirement. Twenty (20) percent of the gross site area of a cluster subdivision shall be common open space dedicated to common usage and ownership. Twenty-five (25) percent of the required open space area shall be developed as active recreational space and active community open space to serve the needs of the residents of the cluster neighborhood. The uses of this space shall be defined with the special use permit and may include playground equipment, tot lots, picnic areas, shelters, grills, ball playfields, sports courts, jogging paths, walking and biking trails, gardens or seasonal planting areas for the subdivision, swimming pools, community facilities and other improvements.

13.

No more than thirty-three (33) percent of the required common open space in a cluster subdivision shall consist of land classified as one hundred-year floodplain, stream valleys, wetlands, water features, stormwater management and BMP facilities, adverse geological, soils or terrain characteristics, slopes greater than thirty (30) percent, and/or drainage easements.

14.

Required open space shall be contiguous and shall occupy a single parcel or lot within the subdivision unless a mix of parcels or lots are otherwise approved by the planning commission. Open space, recreational areas and other common properties are not subject to the lot requirements as established by R-C, Table 11.1, but the lot shall be subject to additional special use permit conditions.

15.

Open space credit shall not be given for land which is included in or reserved for public rights-of-way or private travelways, loading areas, yard requirements for attached and multifamily dwellings, required sidewalks or parking areas. Sidewalks and parking areas designed for and devoted entirely to the provision of access to open space may be counted towards open space in net developable area computations.

16.

Open space shall be accessible to all residential lots and residents within the cluster subdivision via dedicated pedestrian access easements. Access easements may be counted towards open space requirement.

17.

A landscaped perimeter buffer shall be provided around a portion or all of the perimeter of a cluster development when the zoning administrator determines it is necessary to protect existing adjacent development from adverse visual impacts or to present an appearance compatible with an established pattern of adjacent development. The buffer design shall be depicted on the landscape plan.

18.

All common open space, recreational areas and other common properties shall be developed and preserved for their intended purpose as shown on the approved site plan and shall be established by metes and bounds on the subdivision plat.

19.

Homeowners' or property owners' association. Common open space, recreational areas and other common properties in a cluster subdivision shall be owned, administered, and maintained by a not-for-profit, property owners' association, provided, however, that a portion or all of such properties may be dedicated to the city subject to and at the sole discretion of the city council for acceptance at time of plat recordation. For open space, recreational areas, and other common properties to be retained by the property owners' association of a cluster subdivision, the initial developer/owner of the subdivision shall establish the property owners' association as a legal entity prior to the recordation of the final plat.

20.

Property owners' association by-laws, articles of incorporation and restrictive covenants shall be submitted with any application for subdivision plat and site plan approval. Restrictive covenants shall specify the detailed means by which the property owners' entity shall govern and manage itself and maintain building exteriors, landscaping, lighting, recreation areas, walkways, pedestrian trails, parking areas, snow removal, travelways and other common elements of the development.

21.

Prior to final approval of a subdivision plat including properties to be owned by a property owners' association, the city attorney may review the bylaws, articles of incorporation and restrictive covenants.

22.

Condominiums. Any proposed condominium development shall be established to ensure full conformity with the Virginia Condominium Act, and shall be subject to the following provisions:

a.

All setbacks, density, and other R-C District provisions shall be met.

b.

Minimum lot and yard requirements shall be met as if lot lines existed.

c.

A site plan shall be required and shall govern the location of all site structures and improvements on final plans.

23.

Section III.N. for requirements related to short-term rental occupancy.