Table of Contents
While cluster subdivision regulations should be tailored to the needs of each individual community, there are some basic components found in most cluster subdivision ordinances throughout Colorado, including:
- Purpose
- Applicability
- Incentives and benefits
- Cluster subdivision standards
- Review procedures
The following sections describe each of the common elements and provide standard language that can be considered by Colorado local governments. Model language is in gray shading. Commentary is located in italics in the column at the right. The model language used in this document is based on existing ordinances from communities around the state, including municipalities and counties. The language is illustrative only; consult local counsel to tailor language for your jurisdiction.
The purpose of the cluster subdivision procedure is to:
A. Preserve open areas in the [town/city] planning area;
B. Further the goals, policies, and policies set forth in the Comprehensive Plan;
C. Encourage flexibility and innovation through incentives;
D. Encourage development patterns that promote more efficient use of land;
E. Avoid development in known hazard areas;
F. Protect and enhance environmentally-sensitive areas; and
G. Promote an economical layout and street design that reduces infrastructure costs.
Purpose Statement: The purpose statement is the jurisdiction’s opportunity to describe the intent and benefits of the cluster subdivision procedures. Typically, the primary purpose of cluster subdivision is to allow for more compact development in exchange for preserving natural areas, open areas, or natural hazard areas. Communities also frequently tie the purpose of cluster subdivisions to their comprehensive plan policies.
A. Cluster subdivisions are permitted in the [name of district(s)] zoning districts.
B. Clustering of lots is required in the following:
1. New subdivisions in the [name of district(s)] zoning districts.
2. New subdivisions in a wildfire hazard area of [insert range of severity level of mapped wildfire hazard areas].
Applicability: Cluster subdivision can either be mandatory or optional. Many communities limit the districts where clustering benefits can be achieved (such as low-density residential or agricultural districts). For mapped hazard areas, communities can require clustering in certain instances (e.g., high to extreme wildfire hazard rating). Mapping can be tied to the comprehensive plan or hazard mitigation plan.
The [Planning Commission, City Council, Board of Trustees, Board of County Commissioners, etc.] may approve one or more of the following incentives in connection with the approval of a cluster subdivision application:
A. Expedited review process (such as 30 days for approval);
B. Priority application review status (moves to the top of the list);
C. Density bonuses as follows:
|
[name of district] |
[name of district] |
|
|
Maximum density without clustering (DU/acre) |
0.2 |
0.5 |
|
Maximum density with clustering (DU/acre) |
1.0 |
2.0 |
D. Density bonus(es) up to one additional buildable lot per 17.5 acre increment; and
E. Reduced minimum lot sizes in the [name of district(s)] zoning districts.
Incentives and Benefits: This section describes any benefits that the developer achieves by clustering development, such as reduced setbacks, additional lots, increased density, and expedited review procedures. The opening statement to this section should include the appropriate approval body for subdivisions. Other benefits, such as the potential for increased open space, increased property values, and protecting known hazard areas from development can be included in this section, if desired. Communities often allow for more flexible lot and dimensional standards such as small lot sizes and setbacks without allowing an increase in the overall net density of the development. Greater densities than shown in the table can be permitted through cluster subdivisions and PUDs than can be achieved using the cluster development procedures authorized under C.R.S. 30-28-401. The trade-off for the greater flexibility of cluster subdivisions is a more involved and lengthy review and approval process. Greater densities than shown in the table can be permitted through cluster subdivisions and PUDs than can be achieved using the cluster development procedures authorized under C.R.S. 30-28-401. The trade-off for the greater flexibility of cluster subdivisions is a more involved and lengthy review and approval process.
This section describes the minimum requirements for designing cluster subdivisions.
A. Site Layout
1. In cluster subdivisions, a minimum of [30 percent] of the development shall be preserved as common open space, and shall be permanently maintained and protected as:
a. Common open space with deed restrictions;
b. Land dedication to the town; or
c. Protected through a conservation easement.
2. Where possible, structures shall be oriented to preserve scenic views, natural topography and drainage ways, solar orientation, and other important natural features of the site.
3. Buildable lots shall be located to minimize the impacts of clearing, grading, and infrastructure development on riparian areas, steep slopes, wetlands, woodlands, or other known natural hazard areas.
B. Dimensional Standards
1. A cluster subdivision shall be a minimum of [10 acres].
2. All dimensional standards from [Section X.X] shall apply to cluster subdivisions unless otherwise stated in this section.
3. Buildable lots in a cluster subdivision shall follow the following standards:
|
[name of district] |
[name of district] |
|
|
Minimum lot size |
4,000 sf |
6,000 sf |
|
Minimum lot width |
25 feet |
40 feet |
|
Minimum setbacks |
||
|
Front |
15 |
20 |
|
Side |
5 |
10 |
|
Rear |
5 |
10 |
|
Maximum block length |
600 feet |
600 feet |
4. Minimum setbacks may be further reduced by the [Director] where such setbacks are adjacent to required common open space areas.
Preserving Common Open Space: The option for preserving common open space can include other minimum percentages; however, 30 percent is common. The options for preservation (deed restrictions, land dedication, or conservation easements) should be discussed during a pre-application meeting between the local government and the applicant to determine the most effective approach.
Minimum Project Size: The minimum size for a cluster subdivision refers to the overall subdivision, not an individual lot. Not all communities require a minimum project size for cluster subdivision. The advantage of having a minimum project size is to prevent one-off subdivisions that try to increase density on small projects without any significant benefit to the community through preservation.
Flexible Lot Standards: Most cluster subdivision ordinances allow for a greater degree of flexibility on individual lot dimensional standards. The table included at left is an example of how a community might communicate adjusted development standards for cluster subdivisions. This section should cross-reference other applicable district-specific regulations and/or development standards that would otherwise apply, then modify applicable standards in a table or list. This sample language suggests additional adjustments to lot standards be allowed for cluster lots when they abut required common open space areas.
Review and approval procedures for cluster subdivisions should include similar procedural steps and approval criteria to those required for preliminary and final plats. Some codes may allow for minor subdivision approval for cluster subdivisions creating fewer than 4 or 5 lots.
Many communities include cluster subdivisions as part of a subdivision exemption procedure. The review procedures for subdivisions, including cluster subdivisions, often follow the statutory language closely. This allows statutory counties to regulate cluster subdivisions while ensuring that they remain in compliance with state law. It is important for city and county attorneys to review any changes to state statutes that would necessitate an update to their cluster subdivision regulations.
This section describes the procedures for cluster subdivision review and approval.
A. Review and approval of a cluster subdivision shall follow the procedures for a sketch plan, preliminary plat, and final plat in [Section X.X, Subdivision Approval Procedures].
B. The following additional approval criteria shall apply for cluster subdivisions:
- The proposed development will preserve [in perpetuity (or at least 40 years)] high-priority environmental resources, agricultural land, natural hazard areas, or open space;
- Density bonuses will not result in adverse impacts to adjacent properties, or such impacts have been identified and appropriately mitigated (through tools such as landscaping buffers, building stepbacks, screening, etc.);
- Existing infrastructure is available, or will be available, to serve the proposed cluster subdivision.