§ 5.32. CO Conservation Overlay District.
5.32.01
Intent. The intent of this overlay district is to protect the urban forests and environmentally sensitive lands along the Missouri River in Bellevue and its jurisdiction and other lands that may be identified as environmentally sensitive and needing protection. The overlay is not intended to eliminate specific uses from this portion of Bellevue but to limit uses or encourage developments sensitive to the environment.
5.32.02
Purpose.
The purpose of this overlay district is to provide additional criteria in the urban forests of Bellevue's jurisdiction and along the identified streams and rivers, and other lands that may be identified as environmentally sensitive and needing protection. This overlay district does not limit specific uses; these shall be controlled by the underlying districts. This overlay only works to prescribe certain conditions in regard to setback from the creek/river, slope, and sensitive soils. Applicants are required to demonstrate specific conditions prior to approval of any requested use including any uses that are considered as permitted and/or as conditional uses.
The requirements of this overlay district include a number of mechanical testing and monitoring techniques as well as common sense practical conservation methods. The combination of these two approaches is intended to create areas of Bellevue where a mixture of desirable uses can be established and/or expanded, while maintaining and conserving natural areas.
5.32.03
Specific Conditions Required.
The following are specific requirements/guidelines for placing any intensive use within this overlay district.
1.
Subdivisions for purposes of this district shall mean anytime a rezoning is approved for the purpose of increasing the density in any District for development.
2.
No new subdivisions shall be platted within this overlay unless developments are supplied by a regional system or rural water district and are required to construct a central distribution system to supply water to the individual lots of the development.
A.
The central water system shall meet all city, county, state, and federal guidelines.
B.
The developer shall demonstrate that the proposed central water system will not create an impact upon existing properties and wells surrounding the development.
C.
The central water system shall be designed to provide fire protection flows to the development.
3.
Subdivision developments will be required to maintain a minimum of 15% of the development in green space.
A.
Subdivisions shall meet all requirements in the Subdivision Regulations and the items within this Section.
B.
A subdivision may clear 15% of all tree cover and/or natural ground cover such as prairie grasses for individual lots that are constructing a structure or structures. The necessary ground cover may be disturbed for constructing streets and infrastructure.
C.
The developer shall provide the City with a site plan and construction plan for such developments.
D.
All required green space will be required to be held in an easement and made part of a homeowner's association agreement, the developer, or another authorized organization or agency.
4.
Parcel where 15% or more of the land area is in tree cover and/or natural ground cover such as prairie grasses, only 15% of the sites tree cover and/or ground cover may be disturbed for purposes of constructing a structure or structures.
5.
All other uses including commercial and industrial developments shall be required to meet the requirements of this Section.
6.
No construction on slopes of 15% or more shall be allowed in this overlay district.
7.
Wetlands within this area shall not be disturbed or mitigated and shall be maintained and conserved as part of any construction project.
5.32.04
Approval. Approval of an application within this overlay district shall only occur upon the applicant complying with and meeting the requirements of this Section. Failure to meet the requirements and conditions of this Section shall result in an application being denied.