Chapter 17.60
CONSERVATION SUBDIVISION
Sections:
17.60.025 Dimensional standards.
17.60.040 Conservation land and design standards.
17.60.045 Permanent protection of conservation lands.
17.60.050 Ownership of conservation lands.
17.60.055 Maintenance of conservation lands.
17.60.005 Definitions.
“Conservation subdivisions” (CSDs) are subdivisions that preserve 30 to 60 percent of undivided, buildable tracts of land as communal open space for residents. Land to be conserved is first identified and buildable lots are identified after the open space requirements are met.
The permitted maximum density allowed in a development that is subject to the open space requirements of this chapter shall be calculated by dividing the total density-qualifying acreage of the project by the minimum lot size requirement of the zone in which the development is located and then adding any density additions or bonuses allowed by this title.
“Open space” is defined as a portion of a development site that is permanently set aside for public or private use and that will not be developed.
a. Open space shall not be satisfied by any areas contained within a designated building lot, P.U.E., land proposed to be devoted to vehicular streets or roads, parking, and drives.
b. Open space is required along major collector roads and to give a buffer to development.
c. Sensitive lands, as defined elsewhere in this title, may be counted as open space, provided the lands also satisfy the other characteristics of open space set forth herein and shall be protected by the proposed development agreement.
d. Development alterations of any sensitive lands shall be prohibited except as allowed and defined elsewhere in this title.
e. Open space shall be planned and designed to encourage and promote its proper use, care and ongoing maintenance. Specifics of vegetation, landscaping, amenities, improvements, recreational facilities, etc., within the open space shall be proposed by the applicant, approved by the Planning Commission and City Council, and then set forth in detail in the development agreement for the project. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.010 Purpose.
The purpose of this chapter is to:
1. Encourage the preservation of open land for its scenic beauty and to enhance open space, forestry, agricultural and recreational use.
2. Provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences.
3. Provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce the length of roads, utility easements, and the amount of paving required for residential development.
4. Encourage innovation and promote flexibility, economy and ingenuity in development.
5. Preserve the natural environment, including those areas containing natural features such as meadows, streams, farmland, wildlife corridors and/or habitat, historical buildings and/or sites, and open space.
6. Protect areas of Francis City with productive agricultural land by conserving blocks of land large enough to allow for viable farm operations.
7. Protect sensitive lands, including those areas containing sensitive and undevelopable features such as steep slopes, floodplains and wetlands. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.015 Applicability.
The option to develop property as a conservation subdivision is voluntary and provided to developers as an alternative to the development of property pursuant to other provisions of this title. The intent of this chapter is to encourage the creation and development of flexibly designed open space subdivisions. Conservation subdivisions may be developed within the agricultural ag-2, AG-1 and R-H zones. Conservation subdivisions shall be developed in accordance with and subject to the development standards, conditions, procedures and regulations of this chapter and the general design standards for subdivisions as contained in this title and with all other applicable subdivision ordinances and zoning regulations of Francis City. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.020 Process.
Applications for a conservation subdivision shall be submitted and processed in accordance with the requirements and procedures set forth in this title, including submission and approval of concept, preliminary and final plans and any additional procedural requirements set forth in this chapter, including, but not limited to, submission of a subdivision yield plan and development agreement.
A subdivision yield plan would exhibit the base density allowed in the underlying zone. Open space will account for any area that is deemed as wetlands, irrigation ditches, waterways, floodplains and steep slopes. Each application for a conservation subdivision shall demonstrate that these four design steps were followed by their site designers in determining the layout of their proposed streets, home sites, and open space.
1. Designation of Open Space and Conservation Areas (Primary and Secondary).
a. Primary conservation areas may include bodies of water, easements, floodplains, steep slopes, soils, waterways, wetlands, wooded areas, etc.
b. Secondary conservation areas may include buffers, historic components, landmarks, prime views, public vistas, etc., as determined by the Planning Commission and City Council.
2. Location of Building Sites. Home sites should be clustered and located not closer than 50 feet to wetland areas.
3. Street and Lot Layout. Alignment of proposed streets should provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be in a way that avoids or minimizes adverse impacts on open space.
4. Lot Lines. These are generally drawn midway between house locations. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.025 Dimensional standards.
1. Density. The permitted density for development within a conservation subdivision shall be determined in accordance with the development incentive chart below. The percentage increases noted as the “multiplier” in the chart are percentage increases from the base density identified in the approved subdivision yield plan for the proposed development.
Townhomes will be allowed at up to 25 percent of the total number of units shown on the approved concept plan.
For each townhome approved within the conservation subdivision, a unit in the development must be deed restricted to provide moderate income housing per Chapter 17.55 FCC.
|
Zone |
Typical Lot Area |
Lot sizes shall vary with a min. of 7,000 sq. ft. |
Required Open Space |
Incentive Multiplier |
|---|---|---|---|---|
|
AG-2 |
2 acres |
7,000 sq. ft. |
60% |
20% |
|
AG-1 |
1 acre |
7,000 sq. ft. |
50% |
15% |
|
R-H |
0.5 acre |
7,000 sq. ft. |
30% |
10% |
2. Lot Requirements.
a. Street Frontage. The minimum street frontage for lots within a conservation subdivision shall be a minimum of 70 feet from the property line, except along the circumference of a cul-de-sac improved to City standards where a minimum of 35 feet may abut the street.
b. Front Setback. The developer shall designate the building pads for main buildings in a conservation subdivision. Front setbacks shall be a minimum of 20 feet from the property line.
c. Rear Setback. The minimum rear yard setback for main buildings within a conservation subdivision shall be 20 feet from the property line.
d. Side Setback. The minimum side yard setback for main buildings within a conservation subdivision shall be 10 feet from the property line.
e. Side Corner Setback. The minimum side corner setback for main buildings within a conservation subdivision shall be 20 feet from the property line in compliance with clear vision standards. (Ord. 2022-04 § 1 (Exh. A), 2022; Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.030 Design standards.
1. Individual Lots. Individual lots in conservation subdivisions shall be laid out pursuant to the dimensional standards set forth in FCC 17.60.025. Individual residential lots shall not encroach upon or contain any of the required minimum designated conservation land for the subdivision.
2. Buffer from Road. All new dwellings shall be arranged and located a minimum of 100 feet from all external roads.
3. Conservation Lands. Standards pertaining to the quantity, quality, configuration, use, permanent protection, ownership and maintenance of conservation land within a conservation subdivision shall be in compliance with all provisions contained herein.
4. Sensitive Lands. Restrictions and regulations regarding the preservation, protection, ownership and maintenance of sensitive lands within a conservation subdivision shall be in compliance with this chapter. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.035 Use regulations.
1. Subdivision. Subject to use and development restrictions of sensitive lands, open land within conservation subdivisions may be used for the following purposes:
Permitted Uses.
a. Conservation of open land in its natural state; i.e., meadow, grassland, trees, farmland, etc.
b. Agricultural and horticultural uses, including raising crops that support an active, viable agricultural or horticultural operation.
c. Pastureland for sheep, cows and horses, excluding commercial livestock operations involving swine, poultry and mink.
d. Noncommercial outdoor equestrian facilities.
e. Underground utility easements for drainage, access, sewer or water lines, or other public purposes.
f. Above-ground utility and street rights-of-way may traverse conservation land, provided areas encumbered by such facilities and/or rights-of-way shall not be counted towards the minimum required conservation land for the subdivision.
g. Neighborhood open space uses such as common areas, picnic areas, trails, and similar recreational uses.
h. Fencing, when deemed necessary and appropriate for the particular use, condition, purpose and/or location of the conservation land.
i. Improvements such as gazebos may be included within the open space requirement along with uncovered recreational facilities such as playing fields, bikeways, basketball or tennis courts and playgrounds. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.040 Conservation land and design standards.
Designated conservation land within a conservation subdivision shall meet the following standards:
1. Significant Areas and Features. Conservation land should include the most unique and sensitive resources and significant features of the property within the subdivision.
2. Recreation Uses. A substantial amount of the minimum required conservation land may be comprised of the active recreation facilities such as playing fields, golf courses, tennis courts, etc., exclusive of parking lots; provided, at least 20 percent of the minimum required conservation land remains available for the common use and enjoyment of the residents and/or the public.
3. Buffering. Conservation land shall be designed to provide buffers and to protect scenic views looking from or towards existing roadways.
4. Pedestrian Access. Adequate pedestrian access to conservation land shall be provided.
5. Maintenance Access. Sufficient maintenance access to all conservation land and sensitive land will be provided.
6. Landscaping. All conservation land that is not wooded, farmed, or maintained as conservation meadows, grassland, or steep slopes or other approved open space, shall be landscaped. For each remaining open space acre, there shall be required on the project site at least two deciduous trees at least two-inch caliper in size and one conifer tree at least six feet in height. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.045 Permanent protection of conservation lands.
1. Conservation Easement. All conservation land shall be permanently restricted from future development by a conservation easement or other method of protection and preservation acceptable to Francis City. Under no circumstances shall any development be permitted in the conservation land, except for those permitted uses listed herein and approved with the conservation subdivision. All methods of protection and preservation of conservation land shall be approved by Francis City and recorded prior to or concurrent with the recording of the final plat for the conservation subdivision.
2. Terms and Conditions. All conservation easements, or other acceptable method of protection and preservation of the conservation land within a conservation subdivision, shall include the following terms and/or conditions:
a. Legal description of the easement.
b. Description of the current use and condition of the property.
c. Permanent duration of the easement.
d. Permitted uses.
e. Maintenance responsibilities and duties.
f. Enforcement rights and procedures.
g. Other terms or conditions as deemed necessary by the Planning Commission and City Council. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.050 Ownership of conservation lands.
Unless otherwise approved by Francis City, the grantee of a conservation easement shall consist of one of the following acceptable entities which shall be qualified to maintain and enforce such conservation easement.
1. Undivided Ownership. Unless otherwise approved by Francis City and subject to the provisions set forth in this chapter, the underlying fee ownership of the conservation land shall remain in single ownership and may be owned and maintained by the homeowners’ association, a land trust, conservation organization, or private individual. In the case of the HOA holding the conservation easement, the following regulations shall be met:
a. A description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for the conservation land, including restrictive covenants for the subdivision, shall be submitted by the developer with the final plat application.
b. The proposed association shall be established and operating (with financial subsidization, if necessary) prior to or concurrent with the recording of the final plat for the subdivision.
c. Membership in the association shall be mandatory for all purchasers of the property within the subdivision and their successors in title.
d. The association shall be responsible for maintenance and insurance of the conservation land.
e. The by-laws of the association and restrictive covenants for the subdivision shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
f. Written notice of any proposed transfer of conservation land by the association of the assumption of maintenance for the conservation land must be given to all members of the association and to Francis City no less than 30 calendar days prior to such event.
g. The association shall have adequate staff to administer, maintain and operate such conservation land.
2. Property subject to a conservation easement, or other acceptable method of protection and preservation, shall not be subdivided. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)
17.60.055 Maintenance of conservation lands.
1. Costs. Unless otherwise agreed to by Francis City, the cost and responsibility of maintaining conservation land shall be borne by the owner(s) of the underlying conservation land.
2. Maintenance Plan. The developer shall submit a maintenance plan providing for and addressing the means for permanent maintenance of the conservation land within the proposed conservation subdivision with the preliminary plan application for the subdivision. The maintenance plan shall provide the following:
a. The plan shall define ownership.
b. The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadows, pasture, wetlands, stream corridors, hillsides, cropland, control of noxious weeds, etc.).
c. The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the conservation land and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long-term improvements as well as regular yearly operating and maintenance costs.
3. Approval. The maintenance plan must be approved by Francis City prior to or concurrent with final plat approval for the subdivision. (Ord. 2021-13 § 1 (Exh. A), 2021; Ord. 2018-06 § 1 (Exh. A), 2018.)