1159.04  GENERAL STANDARDS FOR PLANNED DEVELOPMENT.
   (a)   Chagrin Boulevard Frontage Design Standards.  The design of any Planned Development shall contribute to the efficient function and valuable appearance of Chagrin Boulevard by complying with the following:
      (1)   Vehicular access to and from properties shall be provided by a limited number of new access roads intersecting with Chagrin Boulevard.
      (2)   Direct access to and from Chagrin Boulevard from a lot with frontage thereon shall only be permitted where it is found that it is not feasible to provide access for that lot from the approved new access roads.
      (3)   All structures shall be set back at least one hundred feet (100') from the Chagrin Boulevard right-of-way.
      (4)   All parking, drives and other vehicular facilities shall be set back at least seventy-five (75') from the Chagrin Boulevard right-of-way.
      (5)   A landscaped area shall be designed, installed, and maintained extending along the entire Chagrin Boulevard frontage to a depth at least seventy-five feet (75') therefrom.  A detailed plan for the landscaped area shall be provided by the applicant as part of the Planned Development review process.
   (b)   Common Open Space Requirements.
      (1)   Common Open Space. For purposes of the Planned Development requirements, "common open space" is defined as an area of land designed and intended for the perpetual use and enjoyment of the users of the development and/or the general public. Common open space may contain accessory structures and improvements necessary or desirable for educational, noncommercial, recreational or cultural uses.
      (2)   General Standards. Common open space shall be located and designed to the satisfaction of the Planning Commission and shall:
         A.   Be sufficiently aggregated to create large areas of planned open space;
         B.   Conserve significant topographic and landscape natural features to the extent practicable;
         C.    Be accessible to residents of the Planned Development;
         D.   Be not less than fifty (50) feet in width at any point;
         E.     Be interconnected with open space areas on abutting parcels wherever possible, by open space corridors.
         F.   The preferred features of required open space, as appropriate for the conditions of a specific Planned Development include: centrally located; along the street frontage of the development to protect or enhance views as set forth in Section 1159.04(a) (5); located to preserve significant natural features; and/or located to interconnect other open spaces throughout the development or on contiguous properties.
         G.   Required open space areas shall be of sufficient size and dimension and located, configured, or designed in such a way as to achieve the applicable purposes of these regulations and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yards of those lots abutting it.
         H.   If the site contains a lake, stream or other body of water, the Planning Commission may require that a portion of the required open space shall abut the body of water.
         I.   All required open space areas shall be configured so the open space is reasonably accessible to and usable by residents of the Planned Development, visitors and other users of the development.
      (3)   Minimum Required Open Space Area. At least twenty percent (20%) of the total land area of the planned development shall be designated and used as common open space. The required area of common open space may include all or part of the minimum landscaped area required on the Chagrin Boulevard frontage (see section 1159.04(a)(5)) provided that it shall not constitute more than 25% of the total required common open space.
      (4)   Land area devoted to the following shall not be included as meeting the open space requirement:
         A.   Proposed new or existing public rights-of-way.
         B.     Parking areas, access drives, common drives and driveways, except as otherwise permitted by the Planning Commission when providing access to the open space.
         C.     Required setbacks for buildings and parking areas from the project boundaries, and public streets, unless the required setback is contiguous to and part of a larger area of restricted open space; except that the minimum landscaped area required on the Chagrin Boulevard frontage (see section 1159.04(a)(5)) may be included as up to 25% of the total required common open space.
         D.   Required spacing between buildings, such as in clustered areas without lots or condominiums, and parking areas.
         E.   Private yards within subdivided lots.
      (5)   Areas designated for common purposes must be:
         A.   Preserved in their natural state as steep slopes, wetlands, woodlands, lakes or ponds, historic lands, environmentally sensitive areas, or similar conservation-oriented area; or,
         B.   Used for outdoor active or passive recreation for the use and/or enjoyment of the residents of the proposed development, but shall not be used for organized sports, such as tennis courts, swimming pools, or athletic fields.  Any open space intended to be devoted to recreational activities shall be of a usable size and shape for the intended purposes as determined by the Planning Commission.  Where deemed appropriate by the Planning Commission, recreation areas shall be provided with sufficient parking and appropriate access.
      (6)   Any area within the open space that is disturbed during construction or otherwise not preserved in its natural state, shall be landscaped with vegetation that is compatible with the natural characteristics of the site.
      (7)   Such open space, including any recreational facilities proposed to be constructed in such open space, shall be clearly shown on the Planned Development plan.
      (8)   Prohibition of Further Subdivision of Open Space.  Open space shall be prohibited from further subdivision or development and required to remain in its natural state by a deed restriction in a form acceptable to the Law Director and duly recorded in the Office of the Cuyahoga County Fiscal Officer.  Such open space shall be identified as separate parcel(s) on the plat and shall be noted in covenants and deed restrictions.
      (9)   Maintenance of Open Space.  A perpetual maintenance plan for the common open space shall be submitted to the Village for review and approval by the Law Director and the Building Official.  The perpetual maintenance plan shall set forth responsibility for maintenance of all such common open space and describe the method of financing for the maintenance program. The perpetual maintenance plan shall become part of the Final Development Plan.
   (c)   Landscaping and Buffers.  Except as otherwise provided in this Chapter 1159, the provisions of Chapter 1175, Landscaping and Screening Regulations, shall apply to Planned Development.
   (d)   Environmental Regulations.  The provisions of Chapter 1173, Environmental Regulations shall apply to Planned Development.
   (e)   Infrastructure.
      (1)   Subdivision Improvements. All areas of a Planned Development shall comply with the provisions of Title Three - Subdivision Regulations of this Planning and Zoning Code Utilities provided that after receipt of a recommendation from the Planning Commission, Council may approve variances to the Subdivision Regulations as provided in Section 1111.41, Variances.
      (2)   Public Utilities. The applicant for a Planned Development shall demonstrate the availability of public water and public sanitary sewer with sufficient capacity to serve the proposed development and shall demonstrate the capacity to finance and construct any necessary off-site improvements.
      (3)   Public Streets. All streets shall be dedicated public streets except as required by Chapter 1111 after receipt of a recommendation from the Planning Commission, Council may approve creation of limited private streets such as short cul-de-sacs or streets serving clustered dwellings subject to suitable guarantees for operations, maintenance, and replacement of such private streets. Provisions for future street extensions to abutting properties may be required.
      (4)   Pathways for bicycles and pedestrians shall be incorporated throughout the planned development and along all existing and new streets to ensure connectivity between uses, common open spaces, and with adjacent properties.
   (f)   Vehicular and Pedestrian Access.  Roadway/street systems, service areas, parking areas, entrances, exits and pedestrian walkways within the development shall be designed in a manner that minimizes traffic hazards and congestion.
   (g)   Homeowners Association.  Upon approval of a Planned Development, a homeowners association, community association, condominium association or similar legal entity shall be created in compliance with Section 1171.01, Requirements for Owners Association, so that such association is responsible for the maintenance and control of common areas, including the common open space, open space easements, common drives, storm water facilities, and any other features deemed necessary by Village Council in approval of the Planned Development.
(Ord. 2016-19.  Passed 7-13-16.)