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The following criteria shall govern the establishment of any cluster development within the City:
A. No cluster development shall be established except subsequent to an application by the property owner as provided in Section 1179.04, 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 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 three (3) contiguous acres.
(Ord. 2004-34. Passed 3-15-04.)
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 and accessory uses specifically enumerated and identified on and approved as part of the development plan.
(Ord. 2004-34. Passed 3-15-04.)
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 five (5) dwelling units per acre, unless otherwise approved by the Planning Commission and City Council .
B. Maximum Height.
Each dwelling shall have a maximum height of thirty-five (35) feet.
C. Setbacks and Separations.
Building setbacks and separations shall be established on the approved final development plan. In establishing said separations the Planning Commission shall consider the spacing necessary for adequate visual and acoustical privacy, adequate light and air, fire and emergency access, building configurations, energy-efficient setting, 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 structure shall be located closer than thirty (30) feet to any perimeter property line of the cluster development, provided, however, decks, patios, and similar unenclosed structural elements may extend to within twenty (20) feet of the side or rear property line.
2. The minimum side wall to side wall distance between buildings within a cluster development shall be fifteen (15) feet.
3. The minimum rear wall to rear wall distance between buildings within a cluster development shall be thirty-five (35) feet.
4. The minimum side wall to rear wall distance between buildings within a cluster development shall be thirty (30) feet.
5. Attached units within one building shall have a zero lot line, with each unit being located on a separate sublot.
6. No private street or driveway shall be located closer than twenty (20) feet to any perimeter property line.
D. Access and Street Requirements.
1. Streets and/or access drives to cluster developments shall be located at least seventy-five (75) 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 (20) feet, a minimum cul-de-sac radius of fifty (50) feet, 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 Planning 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.
E. Parking.
Each dwelling unit shall be provided with a minimum of two (2) off-street parking spaces, at least one (1) of which shall be within a completely enclosed attached garage.
F. 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. 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 Elyria as a beneficial party thereto with rights, but no obligation, to enforce the provisions contained therein.
3. The minimum common open space shall be twenty percent (20%) of the total land area of the cluster development. Said common open space shall be concentrated in one area unless otherwise approved by the Planning Commission.
G. 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. Common areas shall be maintained as natural buffers from adjoining properties. Additional screening and buffering may be required within the required setbacks from existing public street rights-of-way and perimeter property boundaries where the Planning 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.
H. 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 City Engineer.
I. 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.
2. Sanitary and storm sewer lines and appurtenances shall be designed and installed in conformance with the requirements of the City.
3. Site lighting, if any, shall be in accordance with the requirements of the Planning Commission and shall be shown on the development plan.
J. Signs.
Signs in cluster developments shall comply with the sign regulations for the appropriate zoning district.
(Ord. 2004-34. Passed 3-15-04; Ord. 2005-85. Passed 7-5-05.)
A. Application.
Applications for cluster developments shall be submitted for review and approval in accordance with the provisions of this section. Applications for cluster developments shall be prepared by persons professionally qualified to perform such work and submitted to the Planning Commission. Said application shall include:
1. A fee as established by the City.
2. Twenty-five (25) copies of the Preliminary or Final Development Plan.
3. Plans for use and perpetual maintenance of common land, private streets and all utilities.
B. Preliminary Development Plan Requirements.
Preliminary Development Plans shall include:
1. The name of the development and the names and addresses of the owners and developers.
2. A scale, north arrow and date.
3. The proposed assignment of use and subdivision of land, including the proposed locations of buildings.
4. The proposed vehicular and pedestrian circulation patterns, including the proposed location and design of streets and easements. The names, locations and dimensions of existing streets and easements.
5. Preliminary plans for provision of utilities.
6. A boundary survey of the entire proposed cluster development. The proposed dimensions of any lots to be platted within a cluster development.
7. Topography showing contours at an interval of two (2) feet or less.
8. Conceptual plans for grading, drainage, and storm water management.
9. Identification of all natural features, including existing watercourses, wetlands, and flood areas.
10. Anticipated development phasing and scheduling.
11. Preliminary plans for the installation of landscaping.
C. Planning Commission Action.
The Planning Commission shall review said preliminary development plan and shall act thereon within a reasonable time. The Planning Commission may approve the cluster development plan as submitted or modified, conditionally approve the plan and stipulate the condition of such approval, or disapprove the plan.
D. Final Development Plan Requirements.
The final development plan for each cluster development shall include the following:
1. The number, location, arrangement, and general architectural design of all dwelling units.
2. The locations, size, heights, and use of all main and accessory buildings and their general design.
3. The use of all private and common land.
4. A boundary and topographic survey, showing the land owned and proposed for a cluster development and contours at an interval acceptable to the City.
5. The location, design, and arrangement of all dedicated and private vehicular and pedestrian access ways.
6. All required setbacks and yard areas.
7. The final improvement plans for all utility installations, with pipe sizes and grades, invert elevations, structure locations, and proposed easements.
8. Detailed designs of landscaped yards, planting areas, and buffer and screening improvements, including plant lists and installation details.
9. Detailed final grading, drainage, storm water management, and erosion and sedimentation control measures including detention calculations, pipe sizes, inlet information and proposed storm outlet facility.
10. A site lighting plan which indicates placement, heights, and types of lighting fixtures. Such plans may include details of resulting levels of illumination as required.
11. The location and nature of recreation areas, fencing, retaining walls, and similar site features.
12. The location, size, and design of all signs to be placed on the cluster development.
13. A perpetual maintenance plan setting forth the ownership, responsibility, and financing method for maintenance of all common areas including, but not limited to, open space, landscape buffers, parking areas, access drives, private streets and all utilities.
E. Final Development Plan Approval.
1. If the Planning Commission finds the development plans are in accord with this Zoning Code and other ordinances of the City, it may grant approval of the final development plan. The Commission may attach conditions to the approval of a final development plan as it may deem reasonably required to ensure compliance with the spirit and intent of this chapter and to protect the public health, safety and welfare.
2. An approved plan may be modified by the same procedure as set forth herein for original plan approval.
3. No building permits shall be issued by the Building Official until a development plan has been granted final approval as provided herein. Failure to commence construction of improvements or apply for a building permit within two (2) years from the date of final development plan approval shall render such development plan approval null and void and shall require submission of a new development plan. Failure to begin construction of the plan within six (6) months after the issuance of a building permit shall void the plan as approved unless an extension of time is granted by the Planning Commission.
(Ord. 2004-34. Passed 3-15-04.)
Upon approval of the final development plan, a subdivision plat for filing with the County Recorder shall be prepared to County standards containing the Planning Commission's approval, and the same shall be submitted to the County Recorder for recording. Once recorded, the lots identified on the plat may be conveyed to third parties.
(Ord. 2004-34. Passed 3-15-04.)
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