CHAPTER 1114
Cluster Development Alternate
Cluster Development Alternate
1114.01 Purpose; intent.
1114.02 Establishment of cluster developments.
1114.03 Permitted uses.
1114.04 Development standards.
1114.05 Application and review procedures.
1114.06 Bonding of required improvements.
CROSS REFERENCES
District regulations - see P. & Z. Ch. 1113
Classification of uses - see P. & Z. 1111.02
Permits, fees, and deposits - see BLDG. Ch. 1329
Signs for residential districts - see P. & Z. 1141.12
1114.01 PURPOSE; INTENT.
The Cluster Development Alternate is intended to encourage the use of free and irregular yard patterns between dwellings and without uniform relation to the street pattern. The purpose is to promote the general public welfare, encourage the efficient use of land and resources, promote greater efficiency in the provision of public services and utilities, and encourage innovation in the planning and building of developments by providing opportunities for creative design and planning of developments using more flexible zoning guidelines and site design criteria than permitted under traditional District Regulations.
The suspension of traditional zoning provisions within Cluster Developments is intended to encourage creative, high quality site design practices in the development of residential areas, promote harmony and integration with existing developments, protect adjoining properties from adverse impacts, promote safe and efficient pedestrian and vehicular movement, promote efficient layout of infrastructure, and create attractive and useful private spaces.
(Ord. 2018-94. Passed 10-21-19.)
1114.02 ESTABLISHMENT OF CLUSTER DEVELOPMENTS.
The following criteria shall govern the establishment of any Cluster Development within a U-1 District:
(a) No Cluster Development shall be established except subsequent to an application by the property owner requesting that the land be subject to these special provisions.
(b) The layout shall be designed to create an orderly arrangement compatible with the landscape and topography of the area.
(c) Each Cluster Development shall be developed in conformance with an approved Site Development Plan which has been reviewed and approved in accordance with the provisions set forth herein.
(d) The minimum area to qualify for a Cluster Development shall not be less than two (2) contiguous acres.
(Ord. 2018-94. Passed 10-21-19.)
1114.03 PERMITTED USES.
Within a Cluster Development, no building or premises shall be used, and no building shall be erected which is designed, constructed or used, for any purpose other than single-family uses specifically enumerated as permitted, conditionally permitted, or accessory within Class U-1 Districts as set forth in Sections 1113.01, 1113.02, and 1111.02(a) and further provided that each such use is identified on and approved as part of the development plan.
(Ord. 2018-94. Passed 10-21-19.)
1114.04 DEVELOPMENT STANDARDS.
The following shall apply to all Cluster Developments:
(a) Maximum Density. The maximum density of dwelling units shall be as set forth on the approved development plan provided, however, that the density of the entire Development Area shall not exceed three and one half (3.5) dwelling units per acre on land zoned U-1 A-1 and five (5) dwelling units per acre on land zoned U-1 A-2.
(c) Maximum Height. Each dwelling shall have a maximum height of thirty-five feet (35'), however, the Commission and the Architectural Board of Review may authorize additional height based on the proximity to existing housing.
(d) Setbacks and Separations. Building setbacks and separations shall be established on the approved final development plan. In establishing said separations the Commission shall consider the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy-efficient siting, and the relationships of building sites to circulation patterns. In no instance shall the established setbacks and/or separations be less than the following:
(1) No building or parking area shall be located closer to the right-of-way line of an existing public street than fifty feet (50') in a U-1 A-l District and forty feet (40') in a U-1 A-2 District. Landscape features and structures such as walls, fences, hedges, lighting, development signs, etc. may be incorporated within the minimum front setback distance for said street with the approval of the Commission.
(2) No building or structure shall be located closer than forty feet (40') to any perimeter property line of the Cluster Development provided, however, decks, patios, and similar unenclosed structural elements may extend to within thirty feet (30') of the property line.
(3) No building or structure shall be located closer than twenty-five feet (25') from the right-of-way line of any new public street constructed as part of the Cluster Development or the edge of pavement of any private street constructed as part of the Cluster Development.
(4) The minimum side wall to side wall distance between buildings within a Cluster Development shall be fifteen feet (15').
(5) The minimum rear wall to rear wall distance between buildings within a Cluster Development shall be fifty feet (50').
(6) The minimum side wall to rear wall distance between buildings within a Cluster Development shall be thirty feet (30').
(7) The minimum separation between decks, screened porches, or other similar open and unenclosed portions of structures within a Cluster Development shall be twenty feet (20').
(8) Building features may project into required building separations as set forth in Section 1113.07.
(9) No private street or driveway shall be located closer than twenty feet (20') to any perimeter property line of the Cluster Development.
(e) Access and Street Requirements.
(1) Streets and/or access drives to Cluster Developments shall be located at least one hundred feet (feet) from the nearest intersecting street right-of-way.
(2) All private streets within a Cluster Development shall have a minimum pavement width of twenty four feet (24'), a minimum cul-de-sac radius of fifty feet (50'), and shall meet the same base and pavement design criteria as public streets.
(3) Cluster Developments shall be designed to provide access internally within the development and to minimize access points and intersections onto existing public streets.
(4) Entrance and exit from a Cluster Development shall be through approved access drives and curb cuts.
(5) Each dwelling shall have access to either a public or private street in a manner approved by the Commission and as shown on the development plan.
(6) Cluster Developments shall be designed to permit adequate access by emergency vehicles, promote the safety of motorist and pedestrians, minimize traffic conflicts and congestion, and promote the safe, efficient flow of vehicular traffic.
(f) Parking. Each dwelling unit shall be provided with a minimum of three (3) off street parking spaces, at least two (2) of which shall be within a completely enclosed attached garage.
(g) Open Space Requirements.
(1) Common open space areas shall be as set forth on the final approved development plan provided, however, that the common open space shall be located and designed to be integrally related to the overall design of the development and to conserve and protect significant natural features such as wetlands, woodlands, streams, lakes, historic features, and environmentally sensitive areas.
(2) In any Cluster Development, the total public or common open space area shall not be less than twenty-five percent (25%) of the gross acreage of the entire Development Area.
(3) Land areas devoted to streets, drives, parking areas, rights-of-way, required setbacks from streets and rights-of-way, required spacing between buildings, and areas within individual lots shall not be included in the calculation of open space for the purpose of meeting the minimum open space area requirement. Open space areas within required buffers and/or setbacks from property lines may be counted as common open space.
(4) The ownership of all common open space areas shall be identified and a perpetual maintenance plan for said areas submitted to the City for review and approval. Said perpetual maintenance plan shall set forth responsibility for maintenance of all such areas and describe the method of financing for said maintenance program. The perpetual maintenance plan shall become part of the development plan and shall identify the City of Beachwood as a beneficial party thereto with rights, but no obligation, to enforce the provisions contained therein.
(h) Landscaping and Buffers.
(1) All disturbed areas within a Cluster Development which are not covered by permitted structures or pavement shall be landscaped with grass, trees, shrubbery and other appropriate ground cover or landscaping materials. All landscaping shall be in conformance with the approved landscaping plan for the development. Trees and shrubs shall be planted so as not to obstruct the views of drivers at driveway entrances and/or street intersections.
(2) Perimeter setback areas as required in Section 1114.04 (d) shall be maintained as natural buffers from adjoining properties. No buildings or structures shall be placed within those perimeter buffer areas. Additional screening and buffering may be required within the required setbacks from existing public street rights-of-way and perimeter property boundaries where the Commission determines that existing vegetation is inadequate to provide an appropriate buffer. Landscape improvements may include mounding, screen walls, or fences if approved as part of the landscape plan.
(i) Storm Drainage Provisions. Each Cluster Development shall include provisions for a storm drainage system designed and constructed by the developer in accordance with the requirements of the Engineer.
(j) Utilities. All utilities shall be located underground, except that utility appurtenances may be constructed above-ground as approved by the City as part of the development plan approval.
(1) Water lines and appurtenances shall be designed and installed in conformance with the requirements of the City and the City of Cleveland Division of Water.
(2) Sanitary sewer lines and appurtenances shall be designed and installed in conformance with the requirements of the City and the Northeast Ohio Regional Sewer District.
(3) Site lighting shall be in accordance with the requirements of the Commission and shall be shown on the development plan.
(k) Accessory Structures. Decorative and ornamental fences not completely enclosing a patio, deck, or similar structure are permitted only as specifically approved by the Architectural Board of Review and the homeowners association.
(l) Signs. Signs in Cluster Developments shall comply with the sign regulations for U-1 Districts as set forth in Section 1141.13.
(Ord. 2018-94. Passed 10-21-19.)
1114.05 APPLICATION AND REVIEW PROCEDURES.
Applications for Cluster Developments shall be submitted for review and approval in accordance with the provisions of this section and with the provisions of Chapter 1108.
(Ord. 2018-94. Passed 10-21-19.)
1114.06 BONDING OF REQUIRED IMPROVEMENTS.
Prior to the commencement of construction, each Cluster Development shall provide a performance guarantee or bond to ensure completion of landscaping, hard surfacing of private streets, drives and parking areas, improvements within public rights-of-way or easements, water lines, sanitary sewer lines, storm sewers, and surface water drainage, and other improvements integral to the proposed project in conformity with approved plans. Such bonds or guarantees shall be in a form approved by the Law Director, and shall be in an amount equal to the estimated construction cost of the improvements as determined by the Engineer. Performance guarantees shall be submitted and approved prior to the issuance of any building permits.
(Ord. 2018-94. Passed 10-21-19.)