Chapter 10.80
CLUSTER SUBDIVISION

Sections:

10.80.010    Purpose.

10.80.020    Development requirements.

10.80.030    Permitted uses.

10.80.040    Conditional uses.

10.80.050    Repealed.

10.80.060    Design standards.

10.80.070    Approval.

10.80.080    Development plan and agreement requirements.

10.80.010 Purpose.

The purpose of this chapter is to encourage open space conservation and imaginative and efficient utilization of land by providing greater flexibility in the location of buildings on the land and the clustering of dwelling units. This will allow the developer to more closely tailor a development project to a specific user group, such as retired persons or equestrian-oriented development. The application of cluster concepts is intended to encourage good neighborhood design and preserve open space while ensuring substantial compliance with the intent of the subdivision and land use ordinances. [Ord. 19-08 § 1 (Exh. A); Ord. 15-24 § 1 (Exh. A); Ord. 11-13 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Ord. 03-08; Code 1971 § 10-16-010.]

10.80.020 Development requirements.

(A) Acreage. A cluster subdivision shall have a minimum of 10 acres of contiguous land area.

(B) Phasing. The proposed development plan shall include all possible future phases. No additional phases shall be permitted beyond the original concept. Adjacent property developed similarly shall be a separate development and shall meet all requirements independently from any adjacent development.

(C) Ownership. The development shall be in single or corporate ownership at the time of application or the subject of an application filed jointly by all owners of the property.

(D) The Land Use Authority shall require that the arrangement of structures and open spaces be developed in such a manner as to prevent any adverse effects on adjacent properties.

(E) Density. The density of dwellings in a cluster subdivision shall not exceed 2.3 units per acre.

(F) Minimum Lot Standards. Approval of the development plan shall determine lot area, lot width, setbacks, and lot coverage with a minimum separation of 16 feet between structures.

All lots shall have the following minimum lot standards:

(1) Density. Maximum density is calculated by multiplying the development’s gross acreage by 2.3 units per acre.

(2) Minimum lot area: 7,000 square feet.

(3) Lot width: 60 feet.

(4) Setbacks:

(a) Front: 15 feet.

(b) Garage: 20 feet.

(c) Side: eight feet.

(d) Rear: 20 feet.

(e) Corner lot side: 20 feet.

(G) Homeowners’ Association. The development shall have a lawfully organized and professionally managed homeowners’ association.

(H) Open Space and Common Space.

(1) The development shall provide 50 percent open space. A minimum of 10 percent of the open space shall be common space.

(2) Open space and common space shall not include streets, driveways, or parking areas.

(3) Open space may include agricultural areas, recreation areas, and wetland preserve.

(4) Open space not used for agriculture and wetland preserve shall be fully landscaped and developed with amenities as identified in the City’s parks master plan for the enjoyment and full use of all residents of the development and/or the public.

(5) Open space that is designated for agricultural use shall have a recorded perpetual conservation easement.

(6) Open space shall not be enclosed with fencing, except as required per buffer table of this title.

(7) Common space shall be fully landscaped and developed with approved amenities for the enjoyment and full use of all residents of the development and/or the public.

(8) Common space shall be preserved, maintained and owned through the homeowners’ association from the onset, or may be deeded to Syracuse City, if the developer makes the request and the City Council grants the request, at the City Council’s sole discretion.

(I) Landscape Plan. The Land Use Authority shall review the landscape plan designed in accordance with an approved theme that provides unity and aesthetics to the project.

(1) Landscape plan shall be signed and stamped by a professional landscape architect.

(2) The landscaping plan shall indicate all special features, such as ponds, fountains, signs, walking paths, plant species and size, fencing, etc., together with a planting plan.

(3) Landscaping must be completed prior to approval of the next consecutive phase of the subdivision, or within the negotiated phasing per the development agreement.

(4) Street trees shall have a minimum two-inch caliper trunk size measured 12 inches above ground level, at the time of installation.

(5) Street trees shall be selected in accordance with the approved tree species in City code.

(6) Street trees shall be spaced according to the approved species and park strip width. In no case shall street trees be planted further than 50 feet apart.

(J) Sidewalks and Park Strips. The design and location of public sidewalks within a cluster subdivision shall be located in the public right-of-way and meet the following conditions:

(1) Sidewalks shall be a minimum of five feet wide and meet the minimum ADA standards.

(2) Parkstrips shall be a minimum of 10 feet wide.

(3) Meandering sidewalks shall be no closer than five feet to the back of curb.

(4) Sidewalk construction and utilities shall comply with the adopted Engineering Standards and Specifications.

(K) Trail System/Walking/Bike Paths.

(1) The development shall contain trail/walking/bike paths and shall connect to the City’s trails system per the trail master plan, when applicable.

(2) Trail/walking/bike paths shall meet the City’s Engineering Standards and Specifications.

(L) Signage. The development may include landscaped identification entry signs maintained by the homeowners’ association.

(M) Due to the nature of cluster subdivisions and the fact that most of the usual dwellings have site restrictions and because the placement of dwellings and other structures on the site may produce a negative impact to surrounding land uses, the location, size, and general footprint of all dwellings and other main buildings shall be shown on the plans submitted for review.

(N) The proposed development shall not be detrimental to the health, safety, or general welfare of persons residing in the vicinity. [Ord. 19-08 § 1 (Exh. A); Ord. 15-24 § 1 (Exh. A); Ord. 13-15 § 1; Ord. 11-13 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1999; Code 1971 § 10-16-020.]

10.80.030 Permitted uses.

The following, and no others, are uses permitted by right, provided the parcel and buildings meet all other provisions of this title and any other applicable ordinances of Syracuse City:

(A) Accessory uses and buildings (200 square feet or less).

(B) Agriculture.

(C) Churches, synagogues, and temples.

(D) Dwellings, single-family.

(E) Educational services.

(F) Farm animal keeping (limited to the community open/common spaces and as specified in SCC 10.30.040).

(G) Farm industry (on a parcel of five acres or more and limited to the community open/common spaces).

(H) Fruit and vegetable stands.

(I) Household pets.

(J) Minor home occupations.

(K) Public parks.

(L) Residential facilities for persons with disabilities. [Ord. 19-08 § 1 (Exh. A); Ord. 15-24 § 1 (Exh. A); Ord. 11-13 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-16-030.]

10.80.040 Conditional uses.

The following, and no others, may be conditional uses permitted after application and approval as specified in SCC 10.20.080:

(A) Dwelling, accessory (minor, see SCC 10.30.020).

(B) Greenhouses (minor) (under 200 square foot permitted, over 200 square feet permitted in common area only).

(C) Home occupations (major).

(D) Private parks and recreational activities (minor).

(E) Public and quasi-public buildings (major). [Ord. 19-08 § 1 (Exh. A)].

10.80.050 Bonus density incentives.

Repealed by Ord. 15-24. [Ord. 13-15 § 1; Ord. 11-13 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-16-040.]

10.80.060 Design standards.

(A) The development shall have restrictive covenants to facilitate superior architectural design elements.

(B) A common building theme shall be required and approved by the Planning Commission. The design shall show detail in the unification of exterior architectural style, color, and size of each unit; however, the intent is not to have the design so dominant that all units are identical.

(C) Patios shall not extend beyond the width of the primary structure and shall not extend beyond half the rear setback. Privacy fencing around a patio is allowed. [Ord. 19-08 § 1 (Exh. A); Ord. 15-24 § 1 (Exh. A); Ord. 11-13 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-16-050. Formerly 10.80.050.]

10.80.070 Approval.

A cluster subdivision is a special type of subdivision and, as such, shall meet design standards and be subject to all provisions of the Syracuse subdivision ordinance and submitted development plans. [Ord. 19-08 § 1 (Exh. A); Ord. 15-24 § 1 (Exh. A); Ord. 11-13 § 1; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-16-060. Formerly 10.80.060.]

10.80.080 Development plan and agreement requirements.

(A) Subdivision ordinance requirements shall apply to cluster subdivisions except where negotiated within the development agreement. The developer shall submit a residential development plan of all project phases for City consideration and approval and shall integrate the proposed development plan into a development agreement between the developer and City. The development agreement shall undergo an administrative review process to ensure compliance with adopted City ordinances and standards with approval by the City Council. The property shall be developed in accordance with the development agreement and current City ordinances, including the development requirements as identified within this chapter, in effect on the approval date of the agreement, together with the requirements set forth in the agreement, except when federal, state, county, and/or City laws and regulations, promulgated to protect the public’s health, safety, and welfare, require future modifications under circumstances constituting a rational public interest.

(B) The development plan submitted for review shall show the location and building elevations with exterior building materials, size, and general footprint of all dwelling units and other main buildings and amenities.

(C) The development plan submitted for review shall include landscaping, fencing, and other improvement plans for common or open spaces, with the landscaping designed in accordance with an approved theme to provide unity and aesthetics to the project. The plan shall include all special features, such as ponds, fountains, signs, walking paths, inviting entryways, etc., together with a landscape planting plan. Common space and recreational areas should be the focal point for the overall design of the development, with various community facilities grouped in places well related to these open spaces and easily accessible to pedestrians.

(D) The proposed development shall show it will not be detrimental to the health, safety, or general welfare of persons residing adjacent to the proposed development.

(E) A cluster subdivision community shall be of sufficient size, composition, and arrangement to enable its feasible development as a complete unit, professionally managed by a legally established owners’ association and governed by enforceable, duly recorded CC&Rs.

(F) Developer shall prepare a budget for the homeowners’ association operation and facilities maintenance. Developer shall establish a dedicated operating fund for the collection of homeowner dues and shall provide funding for said maintenance for the first three years’ operating expenses of the homeowners’ association or until developer owns less than 40 percent of the lots. When the developer owns less than 40 percent of the lots, developer shall pay dues on his remaining lots in accordance with the CC&Rs and fee schedule adopted by the homeowners’ association. The CC&Rs will provide in the budget a depreciation estimate and provide for the collection of fees sufficient to meet the depreciation of infrastructure under control of the homeowners’ association. [Ord. 19-08 § 1 (Exh. A); Ord. 15-24 § 1 (Exh. A); Ord. 13-15 § 1; Ord. 11-13 § 1; Code 1971 § 10-16-070. Formerly 10.80.070.]