Loudoun planners debate role and limits of cluster-option developments as detention ponds occupy open space

Planning Department staff outlined the county's cluster-option development rules and answered commissioners' questions about how open space is being used in recent subdivisions.

The staff presentation said the cluster-option option was established "to encourage clustering residential development, promoting more creative design options based on the size, shape, natural resources of a site," but commissioners and staff said the open space created under the option often becomes detention storage rather than public green space.

The staff presentation noted recent regulatory changes that affect cluster developments. Under revisions implemented in May 2024 the portion of a site set aside for infrastructure rose from 20% to 25%; minimum lot calculations changed so the half-acre equivalent used for density is now about 21,780 square feet; and the cluster option allows lot sizes down to 15,000 square feet. Staff said the cluster option also permits reduced setbacks (a 25-foot front setback compared with 30 feet in the R-1 district, side setbacks as small as 15 feet, and a 20-foot rear setback in place of 30 feet) and requires sewer connection and a 100-foot lot width standard that can be met while reducing lot area to 15,000 square feet.

"When commission discussed the open space, what we use the open space for'based on the developments you see'it's space that we don't have a house on," Planning Department staff said. "We do put detention in there. But on the same token, they were discussing what can we do to get the, basically, not to have the potential ponds be a part of that." The staff presentation included photographs of recent cluster-option projects such as the Oaks and a Farmstead development off North Shore and Bill's Chapel.

Commissioners raised maintenance and long-term liability concerns. Leon Shields, Commissioner, said many homeowners associations lack sufficient long-term funding to maintain retention ponds and common areas. "A lot of these HOAs have kinda just went either bankrupt or didn't have the funding to maintain those things," Shields said, adding that the county rarely has had to force corrective work but that the risk exists.

Commissioners discussed potential regulatory responses that staff might draft for a future recommendation: require a minimum percentage of open space to be "usable" rather than incidental; require sidewalks or houses to face open space; require maintenance bonds or other financial assurances that survive turnover from developer to HOA; or deny cluster-option rezoning when applicants do not demonstrate public benefit beyond allowing smaller lots. Planning Department staff said some jurisdictions impose minimum usable-open-space percentages and require design elements that connect homes to that space.

Jim Brooks, Planning Department staff, said the county commission accepted the planning commission's recommendations and has enacted or extended a moratorium on new cluster submissions until the commission returns recommended changes. "They accepted our recommendations we sent forward, and voted for moratoriums on cluster developments until we come back with any recommendations," Brooks said.

Commissioners noted cluster developments are currently limited to the R-2 zoning district and require sewer availability. Several commissioners said they favor eliminating the cluster option entirely unless applicants can demonstrate clear, long-term public benefit. Others said the option can produce real neighborhood green space if the regulations require it and if the presentation to the planning commission shows how the open space will be improved and maintained.

The planning commission asked staff to return with written options and suggested regulatory language at a future meeting. Staff said a subdivision plat related to a pending cluster project in Fosterville remains scheduled for review next month but acknowledged the moratorium could affect timing.

The discussion lasted more than an hour and included multiple commissioners and members of planning staff. Commissioners asked staff to research bonding or escrow requirements, existing maintenance provisions in the regulations, and examples from other jurisdictions before drafting recommended changes.

A follow-up work session was proposed for the next month; staff invited commissioners to email ideas in advance.