Chapter 17.45
CLUSTER SUBDIVISIONS
Sections:
17.45.030 Definitions relating to cluster development.
17.45.040 Permitted locations.
17.45.050 Density and dimensional standards.
17.45.060 Cluster development options and density bonuses.
17.45.070 Development standards.
17.45.090 Design standards, ownership and protection.
17.45.100 Water supply and sewer facilities.
17.45.010 Purpose and intent.
A. Encourage clustering of development and the perpetual conservation of Mesilla’s greenbelt of farmland, river corridors, arroyos, scenic open space, historic landscapes, and other sites of natural and/or cultural importance.
B. Encourage a variety of types of residential developments which demonstrate ingenuity, originality, and efficient land use and site design.
C. Provide for efficient provision of municipal services.
D. Maintain a scenic buffer of farmland between the town of Mesilla, the city of Las Cruces, and Dona Ana County.
E. Conserve land that protects scenic open space along Mesilla’s main roadways and the Rio Grande corridor.
F. Conserve working farmland and the agricultural sector of Mesilla’s economy.
G. Implement the 2004 Mesilla Comprehensive Plan through conserving farmland, providing a sensible pattern of land development and achieving other important goals voiced by the residents of the community.
H. Implement the 2007 Mesilla Farmland Conservation Plan. [Ord. 2007-11 § 1]
17.45.020 General provisions.
A. Title. This chapter shall be known as and may be cited and referred to as the cluster subdivision ordinance of the town of Mesilla.
B. All permitted uses and prohibited uses established for the zoning district within which the subdivision is located shall apply except that the keeping of animals within the development area portion of the cluster development will only be permitted in accordance with Chapter 18.25 MTC.
C. Variances.
1. Variances may be granted with one exception. At no time shall a variance be granted from the requirement for a perpetual conservation easement on the conserved farmland area of a cluster development project.
2. Requests for variances shall conform to Chapters 17.40 and 18.85 MTC; except, that the town entity vested with the authority to review and recommend action to the board of trustees on a variance to a cluster subdivision shall be the planning, zoning and historical appropriateness commission (PZHAC).
D. Compliance.
1. This chapter shall comply with all applicable regulations, standards and policies, including but not limited to those contained in the zoning code, master plan, and subdivision regulations. An appendix in MTC 17.45.110 lists some, but not necessarily all, of those regulations, standards and policies.
2. In MTC 17.05.070, to determine the fee schedule for a cluster subdivision where there are no individual lots, such as in the case of a townhouse design, substitute the word “townhouse” for the word “lot” throughout. [Ord. 2007-11 § 1]
17.45.030 Definitions relating to cluster development.
A. “Cluster development” means a form of development that concentrates buildings and/or lots on a part of the site to allow the remaining land to remain as open space, which protects agricultural, scenic, environmental, historic, and recreation values. The concentration of lots is also done to reduce expenses for the construction of infrastructure and its long-term maintenance. A cluster development consists of one or more cluster groups adjacent to open space lands; also called “conservation development.”
B. “Cluster group” means a concentrated group of residential dwellings within a cluster development, adjacent to open space that comprises at least 65 percent of the gross land area of the parcel. The outer boundary of a cluster group shall be defined by the real lot lines within the group.
C. “Common open space” means open space land within a cluster development which is owned by the government, a homeowners’ association, or nonprofit organization which is available for physical access by the lot owners and/or the general public.
D. “Conservation easement” means a less than fee-simple interest in land which is granted by a landowner to a nonprofit organization or a unit of government in order to restrict land from further subdivision, development, mining or other specified land uses in perpetuity. Agricultural conservation easements transferred by a deed of conservation easement will be used as part of this chapter to assure that no future subdivision or development of conserved farmland areas takes place. Conservation easements run with the land and are perpetual.
E. “Conserved farmland area” means the portion of a project which is placed under a conservation easement; one home site is retained by right.
F. “Condominium” means a form of ownership combining individual unit ownership with shared use and ownership of common property or facilities. A condominium is a legal form of ownership and not a specific building type or style.
G. “Density bonus” means the granting of additional development rights to a landowner/developer in exchange for setting aside a percent of the parcel as permanent open space.
H. “Development area” means the portion of a property where lots and/or other forms of development are allowed under this chapter.
I. “Development rights” means a broad range of less than fee-simple ownership interests and usually applies to the right to subdivide and develop dwelling units on land. Where zoning exists, the number of development rights on a parcel is set as a certain number of development rights per acre.
J. “Gross land area” means the total acreage of a parcel, including rights-of-way.
K. “Net buildable acres (NBA)” is the gross land area of a parcel minus existing rights-of-way or other lands depending on the ordinance. This calculated area, along with existing zoning, is the basis for determining the number of development rights available for cluster development.
L. “Privately owned open space” means privately owned open space land within a cluster development which is visually but not physically accessible to the lot owners and the general public. These are lands owned by farmers or others and not the lot owners who live adjacent to the open space.
M. “View corridor” means a three-dimensional area extending out from a viewpoint. The view corridor from Mesilla is the space that provides visual access to the Organ Mountains from adjacent homes or lots and from homes or lots within cluster developments. [Ord. 2007-11 § 1]
17.45.040 Permitted locations.
Cluster developments are permitted in the following zoning districts, as defined in Chapter 18.15 MTC, Establishment of Zones, Boundaries:
A. RF – Rural Farm zone.
B. RA – Residential/Agricultural zone.
C. R-1 – Single-Family Residential zone.
[Ord. 2007-11 § 1]
17.45.050 Density and dimensional standards.
A. A site area of 10 acres of net buildable area is eligible to proceed with a cluster development under this chapter.
B. On a case-by-case basis, a site smaller than 10 acres of net buildable area may be eligible to proceed with a cluster development under this chapter.
C. For cluster development, the calculation of site capacity or net buildable acres (the number of dwelling units permitted on a site) shall be based on existing zoning and the number of net buildable acres. The applicant shall determine the net buildable acres (NBA) using the following method, substantiated by maps and data to verify the calculations:
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Gross acreage of site: |
_____ acres |
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From the gross acreage, subtract the following: |
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All lands within existing road or railroad rights-of-way: |
_____ acres |
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All lands located within EBID irrigation ditches and return drains: |
_____ acres |
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Net buildable acreage (NBA): |
_____ acres |
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D. Net Buildable Acreage Calculation Standards.
1. When two or more of the categories shown in subsection (C) of this section overlap, the overlapping acreage shall be counted only once.
2. To determine the number of units permitted on a given site, the net buildable acres shall be divided by the existing zoning density (such as RF – five-acre minimum homesite), rounding to the nearest whole number. Example: 39.6 acres NBA with five units per acre equals eight permitted units. [Ord. 2007-11 § 1]
17.45.060 Cluster development options and density bonuses.
A. Two options exist for the amount of designated farmland open space permanently conserved within a cluster development project:
1. Basic Cluster. Sixty-five percent of the net buildable acres (NBA) of a parcel shall be placed under a perpetual conservation easement. This is defined as the conserved farmland area. Thirty-five percent of the NBA of a parcel shall be designated the development area. A 50 percent increase (density bonus) of development rights is granted in the development area as an incentive for clustering.
2. Enhanced Cluster. Eighty percent of the net buildable acres of a parcel shall be placed under a perpetual conservation easement. This is defined as the conserved farmland area. Twenty percent of the NBA shall be designated the development area. A 125 percent increase (density bonus) of development rights is granted in the development area as an incentive for clustering.
3. In both basic cluster and enhanced cluster developments, lots may be created within a single designated development area through traditional subdivision platting or through the creation of two or more dense development clusters.
4. A cluster group shall be defined by the outer surveyed perimeter of the development area, or areas in the case of two cluster groups.
5. The following areas shall not be included in the calculation of conserved farmland areas:
a. Private lot areas.
b. Street and highway rights-of-way, public or private.
c. Railway and utility rights-of-way, public or private.
d. Irrigation ditch or return drain rights-of-way, public or private.
e. Parking areas.
f. Any paved areas.
B. Density Bonus. As an incentive for preserving areas of farmland and open space, and to further increase design flexibility, allowable residential density (the number of development rights) in cluster developments can be increased beyond existing zoning standards in line with the following:
1. Options.
a. Basic Cluster. Fifty percent density bonus if 65 percent of the parcel is placed under a perpetual conservation easement.
b. Enhanced Cluster. One hundred twenty-five percent density bonus if 80 percent of the parcel is placed under a perpetual conservation easement.
2. In all cases, one homesite is retained in the conserved farmland area by right.
3. Twenty-Acre Parcel Development Comparison. In determining the number of homesites in the comparisons below, there has been no acreage set aside for infrastructure.
a. Twenty acres, Rural Farm zone (RF), five-acre minimum lot size per home equals four five-acre lots.
b. Twenty acres, RF, basic cluster – 50 percent density bonus.
i. Thirteen acres or 65 percent of the parcel (20 acres times 65 percent equals 13) is the conserved farmland area placed under a conservation easement with one homesite permitted by right.
ii. Seven acres or 35 percent of the parcel (20 acres times 35 percent equals seven) is the development area for six homesites.
c. Twenty acres, RF, enhanced cluster – 125 percent density bonus.
i. Sixteen acres or 80 percent of the parcel (20 acres times 80 percent equals 16) is the conserved farmland area with one homesite permitted by right.
ii. Four acres or 20 percent of the parcel (20 acres times 20 percent equals four) is the development area for nine homesites. [Ord. 2007-11 § 1]
17.45.070 Development standards.
A. Design Standards for Development Areas. All new development shall meet the requirements of the following sections of the MTC: MTC 13.25.224, Water conservation on new buildings, MTC 15.05.080, Establishment of development permit, Chapter 18.50 MTC, Outdoor Lighting, and MTC 18.60.170, Required off-street parking, including parking spaces for the handicapped. In addition, all installation of utility lines shall be underground. Other design standards are:
1. Maximum lot area shall be one acre, except for townhouse development.
2. Minimum lot area shall be 0.15 acre.
3. Minimum lot frontage shall be 60 feet.
4. Minimum yard setbacks shall be:
a. Twenty feet for front yards.
b. Five feet for side yards.
c. Fifteen feet for rear yards.
5. Minimum separation of structures on individual lots shall be 10 feet from overhang to overhang.
6. Minimum paved or surfaced residential street width shall be 24 feet for two-way streets and 12 feet for one-way streets.
7. Minimum cul-de-sac diameter shall be 100 feet.
8. Structures must not exceed 26 feet in height at any point and view corridors shall be incorporated into the siting of homes during the sketch plan process.
9. Development set back from major Mesilla roadways and from the nearest levee of the Rio Grande shall be considered on a case-by-case basis and shall be determined by the location of the water source that will be used to irrigate the farmland portion of the cluster subdivision. Major Mesilla roadways include Calle de El Paso/Highway 292, University Avenue, Calle del Norte, Snow Road, Boutz Road, Highway 28/Avenida de Mesilla, Paisano Road, Union Avenue and other similar major roadways. If the parcel abuts more than one major roadway and/or the Rio Grande, the spatial arrangement of the development area shall be determined during the sketch plan review process in a manner that best furthers the goals of this chapter and the farmland conservation plan.
10. If the cluster development does not include individual lots, as in a townhouse design, then the development standards shall be reviewed on a case-by-case basis as proposed by the applicant, with the following exceptions:
a. Maximum building height shall be 26 feet.
b. View corridors shall be incorporated into the building design pattern during the sketch plan process.
c. The architectural style of the townhouse must be acceptable to the town of Mesilla. [Ord. 2007-11 § 1]
17.45.080 Procedure.
A. Preapplication Conference. A preapplication conference meeting shall be mandatory for all cluster subdivisions. Three copies of the project inventory report and sketch plan for the project shall be submitted to planning staff 10 working days prior to the preapplication conference. The planning staff shall review the proposed cluster development with the applicant and advise the applicant concerning the compatibility of the subdivision with the intent and requirements of these regulations and other applicable regulations including but not limited to the zoning code and the town of Mesilla comprehensive plan and the farmland conservation plan.
1. Project Inventory. A project inventory report shall be prepared and presented to the planning staff which concisely describes the property proposed for cluster development. The report shall form the basis for the preapplication conference (a preplatting review of the proposed cluster development involving the applicant, planning staff, and other relevant representatives of the town). The contents of this report shall include but not be limited to:
a. Property map with existing improvements shown such as houses, outbuildings, wells, roads, irrigation ditches, canals, return drains, and existing rights-of-way for roads, powerlines and a figure for net buildable acres.
b. Floodplain map showing 100-year floodway and flood fringe areas, including arroyos.
c. Brief description of the agricultural, ecological, open space, historic, and recreational resources present on the parcel.
d. The zoning district of the site and adjacent lands.
e. The primary use of adjacent lands.
2. Sketch Plan. The sketch plan shall not be a legal survey but shall be an accurate drawing. It shall show:
a. The proposed development area with its estimated acreage, the number of proposed lots and/or development units and their approximate size.
b. The proposed conserved farmland area and its estimated acreage.
3. Site Visit. Planning staff and other relevant representatives of the town shall visit the site of the proposed cluster development with the applicant to review the sketch plan on the ground.
B. Subdivision Review Procedures. The review of proposed cluster developments shall be done in the following sequence:
1. Preapplication Conference. Project inventory report and sketch plan presentation to planning staff. Site visit with the applicant, planning staff, and other relevant representatives of the town.
2. Project inventory report and sketch plan presented to the PZHAC with any adjustments recommended by staff. Within 35 days the PZHAC shall inform the applicant that the plans and data as submitted or as modified do or do not meet the objectives of the cluster subdivision regulations and inform the applicant of what changes are needed.
3. Preliminary Plat Presented to PZHAC. If not approved, the applicant may appeal to the Mesilla board of trustees.
4. Final plat review and approval by Mesilla board of trustees. [Ord. 2007-11 § 1]
17.45.090 Design standards, ownership and protection.
A. Design Standards for Conserving Farmland and Open Space.
1. All designated conservation areas of open space and farmland must be located adjacent to other farmland which is currently or may be later conserved.
2. Open space shall, to the greatest extent possible, protect agricultural land and open space features identified in the project inventory.
3. Natural features not in agricultural production shall generally be maintained in their natural condition, but may be modified to improve their scenic value and/or to restore their overall condition and natural processes.
a. Permitted modifications include:
i. Wetland, riparian, and river restoration.
ii. Bosque restoration.
iii. Natural landscaping of buffer areas.
iv. Arroyo conservation and restoration.
4. Open Space with Public Access. Where physical access is allowed on the area under conservation easement (typically nonagricultural lands), safe and convenient pedestrian access and access for maintenance purposes shall be provided.
B. Ownership of Conserved Farmland Areas.
1. Ownership methods shall conform to one or more of the following:
a. Private. Open space lands may be leased for agricultural purposes.
b. Nonprofit organization.
c. Government.
d. Homeowners’ association.
e. Condominium association.
f. Other methods acceptable to the town of Mesilla.
C. Perpetual Protection of Farmland Conservation Areas. All conserved farmland areas established under this chapter shall and must be placed under a perpetual conservation easement.
1. This easement shall legally prohibit subdivision and all forms of development that are incompatible with the maintenance of the property’s agricultural, scenic, ecological, and/or historic values.
2. If there are existing restrictive covenants or deed restrictions on the land to be placed under a conservation easement, those covenants or restrictions shall be negotiated by the property owner and the entity holding the easement at the time the conservation easement is put in place.
3. This conservation easement must be held by an entity as recommended by the PZHAC and approved by the board of trustees with the legal and financial ability to monitor and enforce the easement in perpetuity such as:
a. A nonprofit conservation organization such as a national, statewide, or local land trust.
b. A local, state, or federal unit of government.
c. In all cases, the town of Mesilla must receive formal notification of the acceptance of the easement from the entity agreeing to hold it.
4. In no case shall the town of Mesilla hold a donated conservation easement in order to prevent later conflicts with enforcing the terms of the easement.
5. If the town of Mesilla must legally co-hold a purchased conservation easement paid for using bonds or other town, state, or federal taxpayer funds, the easement must be co-held by an entity with the expertise and legal and financial authority to monitor and enforce the easement in perpetuity as described in subsection (C)(3)(a) of this section in order to prevent later conflicts with enforcing the terms of the easement.
6. The deed of conservation easement shall be recorded in the Dona Ana County clerk’s office.
7. The applicant shall bear all costs for establishing the conservation easement.
8. Owners of conserved farmland areas may buy back their development rights in the event that irrigation water is no longer permanently available to their tract of land because of water rights condemnation actions of the federal or state government, or through other unforeseen, irreversible events that are not the fault of the landowner which eliminate the ability to irrigate a farm or maintain the land in irrigated vegetative cover. [Ord. 2007-11 § 1]
17.45.100 Water supply and sewer facilities.
A. Sewer facilities for cluster developments may consist of any system meeting the requirements of the town of Mesilla and/or other relevant agency or unit of government involved. All sewerage facilities shall be operated by an entity acceptable to the town of Mesilla if the development does not hook up to the wastewater treatment system of the town.
B. If approved by the town of Mesilla, sewerage facilities or portions thereof may be located on conserved farmland areas as long as this does not interfere with use of the property for agricultural activities or impair natural values such as water quality.
C. All cluster developments shall and must hook up to the town of Mesilla municipal water system, except for the homesite allowed on the conserved farmland area if this structure is already served by a well. [Ord. 2007-11 § 1]
17.45.110 Appendix.
Below are sections and chapters from MTC Title 17, Subdivisions, that are relevant and applicable to this chapter. They are listed by subject matter with MTC title, chapter and section numbers and are hereby adopted in their entirety and as amended as a part of this chapter. The sections include but are not limited to the following:
A. General Provisions.
1. Purpose (MTC 17.05.010);
2. Authority (MTC 17.05.020);
3. Jurisdiction (MTC 17.05.030);
4. Severability (MTC 17.05.040);
5. Interpretation (MTC 17.05.050);
6. Definitions (MTC 17.05.060);
7. Fee schedule (MTC 17.05.070).
B. Procedure.
1. Preapplication procedure (MTC 17.10.010);
2. Preliminary plat procedure (MTC 17.10.020);
3. Final plat procedure (MTC 17.10.030).
C. Suitability of Land (Chapter 17.15 MTC).
D. Plats and Data.
1. Preliminary (Chapter 17.20 MTC);
2. Final (Chapter 17.25 MTC).
E. Design Standards.
1. Street location and arrangement (MTC 17.30.020);
2. Road requirements (MTC 17.30.050);
3. Utility improvements (MTC 17.30.060).
F. Variances and Exceptions (Chapter 17.40 MTC).
G. Penalties (Chapter 17.50 MTC).
H. Advertising Standards (Chapter 17.55 MTC).
I. Contracts of Sale Recorded and Plat Alterations (Chapter 17.60 MTC).
J. Disclosure Statement (Chapter 17.65 MTC). [Ord. 2007-11 § 1]