(a) The Planning Commission shall conduct a public hearing and shall act upon the request within a reasonable time thereafter. In reviewing a request the Planning Commission shall consider whether the proposed use:
(1) Will be in harmony with or adversely affect the use of neighboring properties
(2) Will adversely affect the health or safety of persons residing or working in the neighborhood.
(3) Will change the character of the neighborhood
(4) Will be detrimental to the public welfare or injurious to property
(5) Is in accordance with the purpose and intent of this chapter and the general comprehensive planning of the village
(6) Complies to any adopted policies, regulations, ordinances relating to such uses.
(Ord. 1998-125. Passed 1-5-99.)
(b) For all Cluster Home Planned Unit Development applications, the Planning Commission shall conduct a public hearing on the application and the Planning Commission shall then act upon the application for a Cluster Home Planned Unit Development within a reasonable time thereafter. In reviewing a request the Planning Commission shall consider all of the conditions in Section 1138.04(a) and all of the following conditions for a Cluster Home Planned Unit Development in the MR District:
(1) Shall be located in a Marine Recreation (MR) District adjacent to the Grand River.
(2) Shall have minimum of 2.5 acres of land.
(3) Shall not exceed a density of 5 units per acre of land.
(4) Shall have 20% open space and 5% of the open space shall be accessible to the general public by way of deed restrictions and/or easements to the Village of Fairport Harbor.
(5) Shall provide connectivity for the general public between public right-of- way and any public accessible property. This may be the required 5% public open space.
(6) Land Controlled by either a single person, corporation or a group. If a group, an agreement must be created for them to work as a group.
(7) Units shall be a minimum of 100 sf for a two bedroom unit and 1200 sf for a three bedroom unit.
(8) Building heights shall not exceed 40 feet unless fire sprinklers are installed, then the building may not exceed 45 feet.
(9) Building shall have a minimum 10 foot distance between buildings unless fire sprinklers are installed, then the building may have a distance of 5 feet between buildings.
(10) The buildings shall have a 30 foot setback from public right-of-way.
(11) The buildings shall have a 20 foot side and rear setback to adjacent parcels.
(12) Each two bedroom unit shall have a minimum enclosed parking area of 200 sq. feet and have a minimum of unenclosed parking area of 200 sq. feet adjacent to the unit and additional 50 square feet in common visitor’s spaces.
(13) Each three bedroom unit shall have a minimum enclosed parking area of 400 sq. feet and have a minimum of unenclosed parking area of 400 sq. feet adjacent to the unit and additional 50 square feet in common visitor’s spaces.
(14) Landscaped buffers shall be provided by a Landscape Design Professional and the design shall then be reviewed by the Planning Commission to determine if the submitted design should be approved.
(15) Units must follow design guidelines listed in Section 1129.13(a) through (c)(3).
(16) All utilities (existing and new) shall be located underground.
(17) All developments shall have fire hydrants. Locations shall be approved by the Fire Chief.
(18) All developments shall be designed for proper traffic circulation and emergency vehicle access. This plan shall be approved by the Village Engineer, Fire Chief, Police Chief and by Village Council.
(19) Applicants shall comply with all Zoning and Planning Commission ordinances, rules, regulations and requests for submission by the Planning Commission which may include 3-E renderings.
(Ord. 2014-090. Passed 10-21-14.)