Chapter 7 Subdivision Regulations Part 11 Conservation
Subdivisions
7.11.1 Relationship to the Comprehensive Plan
The purpose of these regulations is to achieve a balance
between well-designed residential development, meaningful open space
conservation, and natural resource protection in Louisville Metro by permitting
Conservation Subdivisions as an alternative to conventional subdivisions as a
form of residential development that fulfills multiple goals and objectives
outlined in Cornerstone 2020.
In conformance with the state enabling legislation, this
Part's relationship to the Comprehensive Plan is as follows:
| Goals |
Objectives |
Plan Elements |
Community Form: A3, C2, C3, Mobility:
C1, D1, H2 Livability: B1, B2, B4, E2, E3,E4, F1, F2, F3, F4,
G2, G3, G4, H2, H3, H4, I1, I2, J4 |
Community Form: A3.1, A3.5, C2.3, C2.4,
C2.5, C2.6, C2.7, C3.6, C4.1 Mobility: C1.4, C1.5, D1.1, H2.4
Livability: B1.4, B1.8, B2.5, B4.2, E2.1, E2.2, E2.4, E3.1, E4.1,
E4.2, F1.2, F2.2, F3.1, F3.2, F4.1, G2.1, G3.2, G4.1, G4.2, H2.1,
H2.2, H3.1, H3.2, H3.4, H4.1, H4.2, I1.1, I1.1, I2.1 |
Guidelines: 1, 3, 4, 5, 7, 8, 9, 10, 11, 12,
13 |
7.11.2 Definitions
Certain terms are defined for the purposes of this
regulation. All other words and phrases shall be given their common, ordinary
meaning unless the context clearly requires otherwise or is regulated in
Chapter 1, Part 2 definitions.
Active Recreation Area: Areas dedicated as
prescribed places, sites, or fields where leisure time activities take place,
often requiring equipment and characterized by repeated and concentrated use of
land. Examples of active recreation area facilities include golf courses,
tennis courts, swimming pools, softball, baseball, and soccer fields. For
purpose of these regulations, areas for active recreation facilities do not
include bike riding, hiking, walking and picnic areas. Active Recreation Areas
shall only be located in Secondary Conservation Areas and contribute to only
50% of the required Conservation Area.
Average Lot Size: The average, in square feet, of
all lots created in a Conservation Subdivision plan. It can be calculated for a
development by adding the number of square feet in each lot and dividing by the
number of lots created.
Conservation Area: Land to remain undisturbed as
part of the development of a Conservation Subdivision. Conservation Areas are
made up of Primary and Secondary Conservation Areas. All lands identified as
Primary Conservation Areas shall be Conservation Areas. If the Primary
Conservation Area makes up less than the required percentage of the tract, the
balance of the required Conservation Areas shall be made up of Secondary
Conservation Areas.
Conservation Subdivision: A contiguous area of land
to be planned and developed as a single entity in which buildings are
accommodated under more flexible standards, such as building arrangements and
setbacks, than those that would normally be applied following conventional
Subdivision regulations, allowing for the flexible grouping of structures in
order to conserve open space and existing natural resources.
Existing Resources and Site Analysis Plan: A
comprehensive analysis of existing conditions and unique characteristics both
on the proposed development site and within 500 feet of the site used for the
purpose to assess accuracy and compliance with existing LDC ordinances and
likely impact upon the natural and cultural resources on the property.
Lane: A private street or easement located to the
side or rear of property that serves vehicular and service access. A rear lane
functions the same as an alley, but may differ in character due to its surface
material, landscaping treatment, adjacent open space, and sensitivity to
adjacent natural feature.
Maximum Density: The net density of residential
units per acre allowed in a Conservation Subdivision after subtracting the
total constrained land from the gross acreage of the development parcel.
Minimum Required Conservation Area: The percentage
and acreage of required Conservation Areas shall be calculated by the applicant
and submitted as part of all plans. Road rights-of-way shall not be counted
towards the required minimum Conservation Area.
Neighborhood Green: A human-scaled common open space
typically surrounded by homes or important community buildings which is
designed as a focal point for neighborhood/block events and gathering space.
The Green is best located where it is accessible to the highest possible amount
of residents and should include landscaping, paths, and amenities that
encourage use and facilitate a sense of community.
Passive Recreation Area: Areas dedicated to
recreation activities that require limited physical exertion on behalf of the
participant has minimal impact upon the natural environment and wildlife.
Examples of passive recreation activities include bird watching, walking,
hiking, picnicking, horseback riding, or photography.
Preliminary Conservation Area Ownership and Management
Plan: A document which shall accompany the application packet for a
Conservation Subdivision Preliminary Plan filing that details the entities
responsible for maintaining various elements of the property, and describing
management objectives and techniques for each part of the property.
Primary Conservation Areas (PCA): Areas of
permanently protected open space within Conservation Subdivisions that comprise
only the most severely constrained lands, where development is typically
limited such as wetlands, floodplains, identified karst feature (i.e. sinkhole,
etc.), steep slopes 30% or over, unstable soils, cemeteries, and habitats of
endangered or threatened species.
Secondary Conservation Areas (SCA): Areas of
permanently protected open space within Conservation Subdivisions that are
locally noteworthy or significant features of the natural or culture landscape
such as mature woodlands, hedgerow and freestanding trees or tree groups,
wildlife habitats and travel corridors, prime farmland, greenways and trails,
historic sites and buildings, and scenic viewsheds.
Sketch Plan Overlay: A conceptual drawing of the
development site in which the applicant shows a schematic layout of
Conservation Areas, building lots, general infrastructure, and proposed general
street and lot layout.
Terminal Vista: An urban design feature in which a
visual termination focuses on the end of the visual end of the street utilizing
long views of items such as open space, important buildings, water, or distant
topographic features.
Vegetative Cover: Grasses, shrubs, trees, and other
vegetation which holds and stabilizes soils.
7.11.3 Applicability
Zoning Code Requirements: Conservation Subdivisions are
permitted in the RE, RR, R-1,R-2, R-3, R-4, and R-5 zoning districts.
- Minimum Area: The minimum area of the subdivision shall be no
less than five acres and shall contain a minimum of 5 units
- Exceptions to the Minimum Area. The Planning Director or
designee may consider a smaller area than required in subsection C above if the
applicant can demonstrate one of the following
- The proposed Conservation Areas provide a connection between
unconnected, existing areas of Conservation Area or other protected areas and
shall not result in providing only narrow or isolated fragments of Conservation
Area.
- The Conservation Subdivision will ensure the protection of a
unique natural, cultural or historical area.
7.11.4 Procedures
All preliminary and final subdivisions subject to this Part
shall be subject to the following procedures:
- Concept Plan. Prior to formal application, an applicant shall file a
concept plan and accompanying materials required by Planning and Design
Services. The filing shall include an Existing Resources and Site Analysis Plan
and a conceptual sketch overlay of proposed lots. The Plan and conceptual
sketch overlay shall be drawn on paper or other media approved by division
staff at a scale of 1 inch = 100 feet or 1 inch = 200 feet, depending on the
size of the subdivision, and shall follow the guidelines as outlined in Section
7.5. The Existing Resources and Site Analysis Plan and Sketch Plan Overlay
shall be prepared in accordance with the requirements contained below:
- Existing Resources and Site Analysis Plan. The Existing
Resources and Site Analysis Plan shall show the following
- Topography, the contour lines of which shall be at two foot
intervals. The determination of appropriate alternative contour intervals shall
be made by the Planning Director or designee, which may result in a requirement
of greater or lesser intervals on exceptionally steep or flat sites. Slopes
between 15-20 percent, 20-30 percent, and greater than 30 percent shall be
clearly labeled.
- Ponds, streams, ditches, drains, and natural drainage
swales, as well as the 100 year floodplains and wetlands, as defined in Section
4.8 of the LDC.
- Vegetative Cover conditions on the property according to
general cover type including, but not limited to, cultivated land, permanent
grass land, meadow, pasture, old field, hedgerow, woodland, individual and
isolated, mature trees which have a caliper (measured at chest height) of at
least 12-15 inches for Type A species, 8-12 inches for Type B species, and 6-8
inches for Type C species, and the actual canopy line of existing trees and
woodlands. Vegetative Cover types shall be described by plant community,
relative age, and condition.
- Soil series, types and phases, as mapped by the U.S.
Department of Agriculture, Natural Resources Conservation Service in the
published soil survey for Jefferson County, and accompanying data published for
each soil relating to its suitability for construction (and, in unsewered
areas, for septic suitability).
- Ridge lines and watershed boundaries.
- A viewshed analysis showing the location and extent of views
into the property from public roads, public parks, public forests, and other
public lands.
- Geologic formations, including, but not limited to, rock
outcroppings, cliffs, sinkholes, and fault lines, based on available published
information or more detailed data obtained by the applicant.
- All existing man made features including, but not limited
to, streets, driveways, farm lanes, woodland roads, buildings, foundations,
walls, wells, drainage fields, dumps, utilities, fire hydrants, and storm and
sanitary sewers.
- Locations of all historically significant sites or structures
on the tract, including but not limited to cellar holes, stone walls,
earthenworks, and graves.
- Locations of trails that have been in public use
(pedestrian, equestrian, bicycle, all-terrain vehicle and other similar
trails), or private trails that will be integrated into the final plan.
- All easements of property which are or have been filed of
record with the Jefferson County Clerk's Office.
- Sketch Overlay. The Sketch Overlay shall contain the following
information:
- The name(s) of property owner(s) and the tax block(s) and
lot number(s) for all Parcels that are contained within the boundaries of the
proposed subdivision as identified from Property Valuation Administrator's
current maps and records.
- The boundaries of the proposed subdivision.
- A key map showing the relative location of the proposed
subdivision to the nearest existing arterial street intersection.
- Graphic scale (not greater than 1 inch = 200 feet; however,
dimensions on the plan need not be exact at this stage) and north arrow;
- Zoning and Form District(s) for all property shown on the
Sketch Overlay.
- Schematic layout indicating a general concept for land
conservation and development;
- Proposed general street and lot layout;
- In the case of land development plans, proposed location of
buildings and major structures, parking areas, and other improvements; and
- General sketch of proposed methods of water supply, sewage
disposal, and stormwater management.
- Notes indicating zoning district and calculations for
Minimum Required Conservation Area Land and Maximum Density
- Site Visit. Prior to the formal application of the Preliminary
Plan, and in advance of the neighborhood meeting required in Section 7.11.4.A.4
below, PDS staff, the applicant, along with interested public agencies and
utility companies shall visit the site to gain a thorough understanding of the
characteristics of the site. It shall be understood by all parties that no
formal recommendations can be offered, and no official decisions can be made,
at the site inspection.
- Neighborhood Meeting. The applicant shall provide notice to all
first tier property owners, neighborhood groups that have registered with
Planning and Design Services, the Metro Council office representing the
district in which the parcel lies, and to PDS staff stating that a subdivision
is being proposed and announcing a neighborhood meeting held by the
developer/owner to discuss the proposed project. The meeting shall be held no
less than seven and no more than 30 days prior to filing the application. At
the time of filing a Conservation Subdivision Preliminary Plan, the applicant
shall provide a summary of the public meeting between the applicant and the
adjacent property owners. The summary shall include a list of those invited,
those in attendance and a summary of the issues discussed.
- Preliminary Plan Application. The applicant shall file an
application for preliminary plan approval on a form supplied by Planning and
Design Services and shall submit therewith a preliminary plan prepared in
conformance with the requirements of Part 5 hereof. No application shall be
complete unless it is accompanied by the appropriate review fee. Applications
shall be accompanied by the following supporting documentation and any
additional documentation as deemed necessary by the Planning Director or
designee. Additional materials shall be required based on site conditions or
potential impact of the development, or as needed to determine compliance with
these regulations. In addition, technical studies required by other applicable
sections of this Land Development Code, including traffic, air quality, wetland
analysis, geo-technical studies, and hydro-geologic analyses may be required.
Failure to submit all required material may result in delay of the application
review. Staff of the Division may require submission of information, material
and documents beyond that required in this section as necessary to determine
compliance with these regulations. In addition to the requirements outlined in
Section 7.2.20, the preliminary plan shall include the following:
- All information required on the Existing Resources and Site
Analysis Plan, as set forth in Section 7.11.4.A.1.
- Existing and approximate proposed lot lines, lot areas, existing
easements and rights-of-way, and approximate boundaries of Conservation Area
lands.
- Approximate location, alignment, width and temporary names,
location, alignment, and width of all proposed streets and street
rights-of-way, including all street extensions or spurs that are reasonably
necessary to provide adequate street connections and facilities to adjoining
development or undeveloped areas; preliminarily-engineered profiles for
proposed streets.
- Location of all percolation tests, including all failed and
approved test sites or pits and including an approved alternate site for each
lot requiring an alternative sewage disposal system. All approved alternative
sewage disposal systems shall be clearly distinguished from unapproved sites.
- Limits-of-disturbance lines shown in relation to natural and
cultural features to be saved.
- Approximate location and dimensions of proposed playgrounds,
public buildings, public areas and parcels of land to be dedicated or reserved
for public use.
- If the land to be subdivided lies partly in or abuts another
jurisdiction, the applicant shall submit information concerning the location
and conceptual design of streets, layout and size of lots and provisions of
public improvements on such land in the proposed site as lies within the
adjacent municipality. The design of public improvements shall provide for a
smooth, practical transition where specifications vary between municipalities.
Evidence of submittal of this information to appropriate officials of the
adjoining municipalities also shall be submitted.
- Utilities and Easements. a. Approximate locations of existing
utility easements and approximate locations of proposed utility easements. b.
Approximate layout of all proposed sanitary and storm sewers and location of
all inlets and culverts, and any proposed connections with existing facilities.
(These data may be on a separate plan.) c.The tentative location of proposed
on-site sewage and water facilities. d. Signature blocks for the Technical
Review Committee (TRC) shall be provided on the right-hand side of the
Preliminary Plan.
- Preliminary Conservation Area Management Plan. Using the
Preliminary Plan as a base map, the boundaries, acreage and proposed ownership
of all Conservation Area land shall be shown. The applicant shall submit a
Preliminary Conservation Area Management Plan detailing the entities
responsible for maintaining various elements of the property, and describing
management objectives and techniques for each part of the property
- Staff Review. PDS Staff's review of the plan shall proceed in
accordance with the procedures set forth in Section 7.2.20.B. In addition,
specific guidelines of this part shall apply.
7.11.5 Development Design Standards
In addition to the Technical Standards for Conservation
Subdivisions as set forth in Section 7.11.15, an applicant for developing a
Conservation Development shall maintain critical natural areas by designing the
site with sensitivity. The following criteria shall be followed to ensure that
the project is appropriate for the site's natural, historic and cultural
features and meets the objectives of this regulation
- Lots and buildings must be clustered to minimize negative impacts on
the natural, scenic, and cultural resources of the site and conflicts between
incompatible uses.
- Whenever possible, open space shall connect with existing or
potential open space lands on adjoining parcels and local or regional
recreational trails.
- Clusters shall be sited to achieve the following goals:
- Minimize disturbance to woodlands, wetlands, grasslands, mature
trees, and steep slopes.
- Prevent downstream impacts due to runoff through storm water
Best Management Practices (BMPs) as determined by the Metropolitan Sewer
District (MSD). Such BMPs include minimizing impermeable areas, and using
bioswales, rain gardens, permeable pavements, small-scale, infiltration, and
green roofs.
- Protect views of open land from existing adjacent roadways.
Visual impacts should be minimized through use of practices such as orienting
structures to align with topographic character of land, tucking structures
behind tree lines or knolls, using vegetation as a backdrop to reduce
prominence of the structures, varying setbacks, setting aside required
conservation land as a visual amenity into and within the development site, or
any combination of these practices.
- Protect archaeological sites and existing historic buildings or
incorporate them through adaptive reuse.
- Avoid encroaching on sensitive areas such as rare plant
communities, high quality habitats, or endangered species habitats identified
by the Kentucky Department for Natural Resources.
7.11.6 Conservation Areas
Conservation Areas are land to remain undisturbed as part
of the development of a Conservation Subdivision. Conservation Areas shall
consist of at least thirty percent (30%) of the total proposed subdivision
acreage for property located in the R-5 and R-4 zoning districts and at least
sixty percent (60%) of the total proposed subdivision acreage for property
located in the R-R through R-3 zoning districts. Conservation Areas are made up
of Primary and Secondary Conservation Areas. All lands identified as Primary
Conservation Areas shall be Conservation Areas. If the Primary Conservation
Area makes up less than the required percentage of the tract, the balance of
the required Conservation Areas shall be made up of Secondary Conservation
Areas.
- A. Primary Conservation Areas (PCA). PCA's form the core of the
Conservation Area to be protected. Active recreation areas are prohibited in
PCA's unless approved by the Director.. PCA's, as defined by this regulation,
include the following:
- Cemeteries;
- Habitats for endangered or threatened species as defined by the
Kentucky Department for Natural Resources;
- Alluvial soils identified by the Federal Emergency Management
Agency (FEMA) and 100-Year floodplain;
- Unstable soils as determined by the Natural Resources
Conservation Services and depicted in Core Graphic 5;
- Protected Waterways and their Buffer Areas (100 feet) including:
- Any perennial stream or river (or portion thereof) that is
portrayed as solid on the United States Geological Survey 7.5 minute quadrangle
maps, of the most recent edition;
- Wetlands subject to the jurisdiction of the U.S.
Environmental Protection Agency or the Army Corps of Engineers and additional
standards established in Section 4.8.5;
- Lakes of greater than three acres in size, and with a
permanent pool elevation that constitute "waters of the Commonwealth" as
defined in KRS Chapter 224.
- Other bodies of water designated as Protected Water Bodies
through official nomination and appropriate legislative approval.
- Riparian zones equal to any required stream buffers and
improvement setbacks;
- Karst features subject to development restrictions as defined in
Chapter 4.9.
- Existing slopes greater than 30% on average with a site area
greater than 5,000 square feet identified as part of a site analysis conducted
by a registered engineer, land surveyor or landscape architect and calculated
using topographic maps from Louisville-Jefferson Geographic Information
Consortium (LOJIC) or from a topographic survey prepared by a licensed land
surveyor.
- Secondary Conservation Areas (SCA). SCAs consist of undeveloped,
unconstrained, buildable land, and protected, constrained but buildable lands.
Because active recreation areas are cleared and graded and therefore reduce
natural resources and wildlife habitats, only 50% of active recreation areas
and facilities may be counted as Conservation Area. SCAs, as defined by this
ordinance, include the following:
- 1. Farmlands (fields, pastures, meadows, prime agriculture
soils);
- Woodlands and landscape buffers excluding riparian buffers;
- Historic and/or archaeological sites as identified by the
Kentucky Heritage Council or Louisville Landmarks Commission, excluding
cemeteries;
- Passive recreation areas, public and private, to include
pedestrian, bicycle and equestrian trails, picnic areas, community commons or
greens, and similar areas;
- Active recreation areas and facilities, public and private,
including parks as identified by the Metro Parks and Recreation Master Plan,
playing fields, and playgrounds.
- Conservation Area Design Review Standards. The configuration of
Conservation Area land shall comply with the following standards:
- Where the proposed development adjoins public park land, a
conservation area of at least thirty (30) feet shall be provided within the
development along its common boundary with the park land or conservation
easement, within which no new structures shall be constructed and no clearing
of trees or understory growth shall be permitted (except as necessary for
street or trail construction). Where this buffer is unwooded, the Planning
Director or designee may require that vegetative screening be planted or that
the buffer be managed to encourage natural forest succession through "no-mow"
policies and the periodic removal of invasive alien plant and tree species.
EXCEPTION: Housing facing park land or park boundary road is not required to
have above listed conservation area.
- Conservation Area land shall be interconnected wherever possible
to existing and potential Conservation Areas on adjacent properties as well as
to other internal Conservation Areas on the development site to provide a
continuous network of such lands within and adjoining the development site.
- Except for civic and recreational spaces, such as squares and
playing fields, Conservation Areas shall be free of all structures, excluding,
however, historic buildings, stone walls, and structures related to
Conservation Area land uses. Structures and improvements made for storm
drainage, sewage treatment, and water supply may be located in the Conservation
Area land. Acreage set aside for such uses shall not be credited towards the
minimum required Conservation Area, unless the land remains appropriate for
passive recreational use.
- Except in those cases where a portion of the Conservation Area
is located on private house lots, this Conservation Area land shall provide for
pedestrian pathways for use by the residents of the subdivision. Consideration
shall be given to providing for public access on such trails if they are linked
to other publicly accessible pathway systems within Louisville Metro or an
adjoining jurisdiction. Provisions should be made for access to the
Conservation Area land, as required for land management and emergency purposes.
- Conservation Area land shall adjoin the largest practicable
number of lots within the development. Non-adjoining lots shall be provided
with safe and convenient pedestrian access to Conservation Area land.
- Conservation Area land shall be suitably landscaped either by
retaining existing natural cover and wooded areas or according to a landscaping
plan to protect and enhance greenway resources. In any case, preservation and
retention of natural cover is preferable and may be supplemented by additional
landscaping where necessary.
- The Conservation Area shall be contiguous. Contiguous shall be
defined as being connected based on the following:
- The minimum width of any Conservation Area is 30 feet and
shall contain at least 6,000 square feet of contiguous area unless the
Conservation Area is the terminus of a cul-de-sac, where the minimum width of
15 feet shall be permitted.
- All Conservation Area networks shall provide connectivity to
any common areas within the development and to any adjacent public places or
rights-of-way.
- Where path networks cross internal subdivision streets or
public streets, access points shall be directly across from each other or as
approved by the Planning Director or designee.
- Crossings and access points shall be clearly identified to
pedestrians and motorists and may include traffic control devices, bridges and
tunnels as approved by Planning Director or designee.
- Conservation Areas will still be considered connected if
separated by a roadway. The Planning Director may waive the requirement of
connectivity for all or part of the required Conservation Area where it is
determined that allowing non-contiguous Conservation Area will promote the
goals of this section or protect identified PCAs and SCAs.
- Common and non-common areas in Conservation Area land shall be
preserved for its designated uses and shall be made subject to such agreement
with Louisville Metro Government and such conservation easements, duly recorded
with the office of Jefferson County Clerk as may be required by Louisville
Metro Government. a. The percentage of the Conservation Area that is wetlands
shall not typically exceed the percentage of the tract which is wetlands;
provided, however, the applicant may include a greater percentage of wetlands
in such Conservation Area upon a demonstration that such inclusion promotes the
purposes of this regulation.
- Paths or walkways may be permitted within Wetland and Protected
Waterway Buffer Areas if constructed of pervious materials and demonstrate
compliance with standards established in Chapter 4.8 of the LDC.
- Conservation Areas shall be used for wildlife habitat,
conservation, and other uses compatible with these regulations
7.11.7 Legal Restrictions.
- Permanent Conservation. Dedicated Conservation Areas shall be
prohibited from further subdivision or development by deed restriction,
conservation easement, or other agreement in a form acceptable to the Planning
Commission's Legal Counsel and duly recorded in the office of Jefferson County
Clerk.
- Management Plan. A detailed ownership and management plan for the
Conservation Areas shall be filed with the plat for any proposed Conservation
Subdivision. The plan shall:
- Identify the owner, entity responsible for maintenance, and
long-term funding strategies such as homeowners' fees or assessments.
- Demonstrate the financial feasibility of the ownership and
maintenance program.
- Specify guidelines for how the maintenance of the Conservation
Areas and any facilities eligible for location in the Conservation Areas will
occur.
- Include cost estimates for maintenance, including staffing,
operation, or insurance costs, if any.
- Identify a board and procedures for oversight of an enforcement
of the Management Plan
- Ownership and Management. Any management organization shall be bona
fide and in perpetual existence and the conveyance instrument shall contain an
appropriate provision for retransfer in the event the organization becomes
unable to carry out its function (Management Entity). Options for ownership and
management of preserved area include:
- Fee Simple dedication to Louisville Metro Government or other
public entity subject to acceptance by and at the sole discretion of Louisville
Metro Government or other public entity.
- Creation of or dedication to a Homeowners Association capable of
carrying out the ownership and management plan. The Planning Commission Legal
Counsel shall determine that, based on documents submitted with the development
plan, the Association's bylaws or code of regulations specify the following
requirements.
- Membership in the Association shall be mandatory for all
purchasers of lots in the development or units in the condominium.
- The Association shall be responsible for maintenance,
control, and insurance of common areas, including the dedicated conservation
areas.
- Establishment of an endowment where the principal generates
sufficient annual interest to cover the yearly costs of ownership and
maintenance of the preserved area.
- Dedication to a private or not-for-profit entity such as a land
trust or similar conservation-oriented organization with the legal authority
and financial capacity to accept such dedications.
- Dedication of a conservation easement on the Conservation Areas
to any of the above entities with a right of enforcement in favor of Louisville
Metro Government stated in the easement.
- Right of Enforcement. In the event the party responsible for
maintenance of the Conservation Areas fails to maintain all or any portion in
reasonable order and condition according to the Management Plan, Louisville
Metro Government may assume responsibility for its maintenance and may enter
the premises and take corrective action, including provision of extended
maintenance. The cost of maintenance may be charged to the Management Entity,
or the individual property owners according to the pro-rata share based on the
Management Plan. Costs may include administrative costs in taking such actions
as well as penalties as provided under these regulations. Such costs shall
become a lien on all subdivision properties.
- Review. The legal restrictions and ownership and Management Plan
shall be subject to review and approval by the Planning Director or the
Planning Commission Legal Counsel.
7.11.8 Dedication of Conservation Areas for Public
Use.
Applicants shall comply with relevant standards in Chapter
10.5.4 of the LDC pertaining to dedicating a portion of the development site
for public recreational use.
7.11.9 Technical Standards for Conservation
Subdivisions
- Density Calculation: The maximum total number of lots permitted for
Conservation Subdivisions shall be based on the amount of dwelling units per
acre permitted in the underlying zoning district, classes RR through R-5, minus
the Primary Conservation Areas (PCA) and land typically allocated for
infrastructure. For purpose of this calculation, a 10% bonus of maximum lots
permitted (MLP) may be added to those sites pursuing conservation areas 50% or
greater of the development site in R4 and R5 zoned districts. The resulting
density shall serve as a guide and shall not exceed the underlying zoning
district, unless the applicant chooses to pursue a zoning change. The base
density allowed on the site shall be calculated by:
MLP |
= |
TA-PCA-IA |
|
MLP |
= |
Maximum Lots Permitted |
|
Zoning District Min. Lot
Area |
|
TA |
= |
Total Land Area |
| |
PCA |
= |
Primary Conservation Area |
| |
IA |
= |
Infrastructure Area (10% of TA) |
| R4 |
R5 |
| MLP=(50 -12-5 (acres))/9000 sf |
MLP=(50 -12-5 (acres))/ 6000 sf |
| MLP = 33 acres1/ 9,000 sf. |
MLP = 33 acres1/ 6,000 sf. |
| MLP = 1,437,480 sf./9,000sf. |
MLP = 1,437,480 sf./6.000sf |
| MLP=160 lots |
MLP = 239 lots |
| With bonus 10%: |
With bonus 10%: |
| MLP = 176 lots or 3.52 du/acre |
MLP = 263 or 5.26 du/acre |
| 1 Calculation is in acres. To convert
acres to square feet, multiply result by 43,560. |
- Dimensional Standards. Conservation Subdivision design encourages
creative, flexible design; therefore no minimum or maximum lot size shall be
imposed. Instead, an average lot size for the entire net development area is
permissible. Each lot shall be designed according to Table 1:
- Building and Lot Design Standards
- Conservation subdivisions may include off-street guest parking
areas within Secondary Conservation Areas only, particularly in blocks that
contain lot widths less than 30 feet. The parking area shall be constructed
using approved pervious paving methods and shall not occupy more than 15% of
the total Conservation Area lot. The addition of parking spaces shall not be
deemed a reduction in the size of the Conservation Area with regard to the
minimum Conservation Area requirement.
- Rear facades shall not be oriented to existing or proposed
streets. Rear facades may face interstate highways, alleys or rear lanes.
- Lot Frontage on a Conservation Area. Conservation subdivisions
may be designed with lots fronting onto Conservation Areas with all vehicular
access from alleys or lanes approved by Public Works and all other approving
agencies. All alleys and rear lanes in Conservation Subdivisions are
additionally subject to the requirements of Section 7.11.9.D.2.
- Compatibility with Adjacent Development
- Buildable lots shall be designed and located to ensure
compatibility with existing adjacent development.
- Views of house lots from exterior roads and abutting properties
shall be minimized by preserving the natural topography and existing vegetation
to the furthest extent possible.
- The Planning Director or designee may require an alternative
design of portions of the site plan in order to fulfill subsections 1and 2
above.
- Streetscape Standards
- Streets. The street network shall form a generally connected
pattern, with a minimum of cul-de-sacs, and shall be varied with boulevards,
diagonal streets, curving crescents, eyebrows, ovals and courts to provide
visual interest. Local street design shall shall adhere to the following
standards:
- Street patterns shall be designed to respect and follow the
existing natural topography and to limit the amount of grading and tree removal
required for construction to the greatest extent possible. Street grades shall
conform with standards established in Section 6.2.3 of the LDC.
- All streets, with the exception of loop streets,
cul-de-sacs, and loop lanes, shall terminate at other streets within the
subdivision, and at least two streets shall provide connections to existing or
proposed through streets or collectors outside the subdivision, wherever
practicable.
- To the greatest extent practicable, streets shall be
designed to have maximum lengths of 600 feet between intersections and maximum
lengths of 1,200 feet before terminating at three-way "T" intersections or
angling off in a diagonal direction. Blocks greater than 600 feet long shall
provide a Conservation Area.
- Loop lanes or cul-de-sacs shall be designed to not exceed
1000 feet in length. Loop lanes shall be designed as a single one-way lane, not
less than 18 feet in pavement width, with a central median running the entire
length. The median shall be at least 30 feet wide, and shall be planted with
shade trees along both sides at intervals not less than 1 Large (Type A) tree
per 50 lineal feet of right-of-way, or 1 medium (Type B) tree per 40 lineal
feet, or 1 Small (Type C) tree per 30 lineal feet. Small trees are permitted
only where utility lines or other site constraints will not allow planting of
Large or Medium trees.
- Street trees. Street trees shall:
- Be planted along each side of all streets in or adjacent to
the development site, public or private, existing or proposed, including
arterials (only the side adjacent to the development site), but excluding
alleys and rear access lanes. Existing healthy and mature street trees may be
counted toward the street tree planting requirement.
- New street trees shall be in accordance with recommended
street tree types as listed in Appendix 10A of the LDC and be installed in
groupings that appear natural rather than equally spaced rows.
- Be installed at intervals no greater than 40 ft, planted in
a clustered pattern with spacing approved by PDS staff.
 |
|
 |
| Undesirable tree plantings for rural
neighborhood. More conducive to urban neighborhood. |
|
Desirable tree plantings. Existing canopy
conservation, diverse species and clustered patterns. |
- Sidewalks. Public sidewalks (including informal walkways and
footpaths) shall:
- Create a linked network of walkways connecting all uses with
parks and other greenway land areas.
- Link loop streets and the ends of cul de sacs with the
street network, trails, or greenway land behind the lots served by those loop
streets or cul de sacs.
- Be separated from street curbs by a verge not less than five
feet in width, planted with shade trees in accordance with Section 7.11.9.D.3.
- Be provided along the front lot lines of all residential
lots to ensure pedestrian access to each lot. Sidewalks shall be provided along
the front lot lines of residential lots fronting directly onto common greens or
parks.
- Be permitted along one side of the street rights-of-way only
when a proposed walkway system provides pedestrian access equal to or better
than the provision of sidewalks along. Walkways located in Primary Conservation
Areas (PCAs) shall be constructed of pervious material such as pervious
concrete, gravel, wood chips or other similar materials.