Hunting Valley City Zoning Code
CHAPTER 1160
U-4 Conservation Development District
1160.01 PURPOSES AND OBJECTIVES.
(a) Have creative and imaginative layouts which respect environmental features;
(b) Have a harmonious and integrated design and visual character;
(c) Maintain the established one (1) dwelling unit per five (5) acre density of the Village;
(d) Encourage the permanent preservation of open space and natural amenities through the use of conservation easements;
(e) Do not increase the overall density of development within the Village; and
(f) Maintain the overall character of the Village.
(Ord. 2023-6. Passed 6-15-23.)
1160.02 ESTABLISHMENT OF U-4 CONSERVATION DEVELOPMENT DISTRICTS.
The following shall govern the establishment of any U-4 Conservation Development District:
(a) No U-4 Conservation Development shall be established except subsequent to petition by the owner(s) of land proposed to be included within the district.
(b) Each U-4 Conservation Development shall be served by a common on-site wastewater disposal system approved by the Ohio EPA.
(c) Each U-4 Conservation Development District shall have a minimum area of not less than thirty (30) contiguous acres. Property which is contiguous to other property at any point which is burdened by a public right of way shall not be deemed "contiguous" for the purposes of this provision.
(d) Each U-4 Conservation Development District shall be developed in conformance with an approved Development Plan which has been reviewed and approved by the Village in accordance with the provisions set forth herein.
(Ord. 2023-6. Passed 6-15-23.)
1160.03 PERMITTED USES.
(a) Uses shall be limited to single-family detached or single-family attached residences with permitted accessory uses and structures.
(b) No structure shall contain more than three (3) single-family attached dwelling units.
(Ord. 2023-6. Passed 6-15-23.)
1160.04 ACCESSORY USES.
(a) No individual accessory structures shall be permitted.
(b) Each Conservation Development shall be permitted common or group accessory uses and structures, which may include:
(1) A swimming pool and bath house;
(2) A tennis court; and
(3) Similar accessory uses and structures as approved as part of the development plan approval for the District and intended for the common use of residents living in the development.
(Ord. 2023-6. Passed 6-15-23.)
1160.05 DEVELOPMENT STANDARDS.
The following development standards shall apply to all U-4 Conservation Development Districts:
(a) Density of Dwelling Units. The maximum density of dwelling units shall be as set forth on the approved Development Plan. In no case shall the density be greater than the lesser of one (1) dwelling unit per five (5) acres or the permitted density determined by a "yield plan" for a conventional five (5) acre lot subdivision which conforms to all Village regulations. The determination of permitted density shall not include any areas designated as flood plain or which are covered by an existing conservation easement.
(b) Open Space.
(1) Permanent open space shall be as set forth on the Final Approved Development Plan; provided, however, that the land area designated for permanent open space shall not be less than fifty-five percent (55%) of the total land area of the Conservation Development. 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. Common open space shall be kept in its natural state except for generally accepted woodland and field management practices.
(2) The common open space shall be made subject to a perpetual conservation easement in a form approved by the Village in favor of an organization or agency acceptable to the Village. Conservation easements shall include the Village as third party beneficiary of the terms of the easement with the right, but no obligation, to enforce the provisions of the easement.
(3) All of the common open space within a U-4 Conservation Development District shall be contiguous unless otherwise specifically authorized by Village Council. It is preferred, but not required, that proposed common open space abut areas which have existing conservation easements.
(4) Open space conservation areas shall not be used for the location of common on-site wastewater disposal systems.
(5) Required setbacks and building separations within the disturbed or developed portion of a U-4 Conservation Development shall not be included in the calculation of permanent open space for the purposes of complying with the requirements of subsection (b)(1) hereof.
(c) Maximum Height. Buildings within a U-4 Conservation Development District shall comply with the maximum height provisions of Section 1155.05.
(d) Maximum Building Ground Coverage. The maximum building ground coverage by any individual dwelling unit shall not exceed four thousand five hundred (4,500) square feet.
(e) Access and Street Requirements.
(1) All streets constructed as part of a Conservation Development shall be private streets unless a public street is specifically authorized by the Village to provide for interconnection or to achieve some other public access purpose.
(2) Private streets within a Conservation Development District shall have eighteen (18) feet of asphalt pavement with berms. Private cul-de-sac streets shall be designed with sufficient turn around areas to adequately accommodate emergency vehicles and service vehicles such as snow plows and garbage trucks. Private streets shall be designed and constructed in accordance with the standards and specifications of the Village Engineer.
(3) Each dwelling unit shall have access to a public street or to a private street internal to the Conservation Development District in a manner approved by the Village and said access shall be clearly defined on the development plan.
(f) Setbacks and Separations. Building setbacks and separations shall be as established on the approved final development plan. In establishing said separations, Village Council 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, structure, or parking area shall be located closer than two hundred (200) feet to the right-of-way line of an existing public or private street.
(2) No building, structure, lighting or parking area shall be located closer than one hundred (100) feet to any project boundary line.
(3) No building, structure, accessory use, landscape lighting, or parking area shall be located closer than seventy-five (75) feet to any protected watercourse within the Conservation Development or within 300 feet of the ChagrinRiver.
(4) No building or structure shall be located closer than fifty (50) feet from the edge of pavement or edge of easement of any private street constructed as part of the Conservation Development.
(5) The minimum distance between buildings shall be fifty (50) feet.
(6) No driveway or private road shall be constructed nearer than seventy-five (75) feet from any side or rear property line in a Conservation Development District. Where due to severe topographic or other special site conditions, the Planning and Zoning Commission authorized an exception to this setback requirement, the Commission may require installation of screening and buffering along the property line to mitigate potential impacts.
(7) The setback regulations contained herein shall not apply to structures such as boundary fences, entry gates, and gateposts.
(g) Architectural Design. Architectural treatments shall demonstrate a cohesive design concept which promotes compatibility among structures and reflects the character of the Village of Hunting Valley. All dwellings shall have a two (2) story design.
(h) Drainage. All Conservation Developments shall provide for storm water management and erosion and sedimentation control in accordance with the provisions of the Subdivision and Land Development Regulations. Plans for storm water management and erosion and sedimentation control shall be subject to the review and approval of the Village Engineer. No structural storm water management facilities shall be located within the open space conservation areas.
(i) Fire Protection. All Conservation Developments shall make provisions for fire protection which shall conform to the standards and specifications of the Village and Fire Chief.
(k) Impervious Surface. Not more than ten percent (10%) of the total area of any Conservation Development shall be covered with impervious surfaces. For purposes of this provision, impervious surface shall not include ponds.
(l) Gross Livable Floor Area. The gross livable floor area shall not be less than four thousand (4,000) square feet nor exceed a maximum of six thousand (6,000) square feet for any single-family dwelling unit, whether attached or detached. Gross livable floor area shall mean the sum of the total enclosed area of all floors of a building measured from the inside faces of exterior walls, excluding garages, basements, and uninhabitable attics.
(Ord. 2023-6. Passed 6-15-23.)
1160.06 APPLICATION REQUIREMENTS AND PROCEDURES.
(a) Property owners who wish to have their land zoned for a U-4 Conservation Development District shall make application for both a Zoning Map amendment and general development plan approval. The request for rezoning and application for Preliminary Development Plan approval shall occur simultaneously and the approval of one shall be dependent on the approval of the other.
(b) Applications for rezoning to a U-4 Conservation Development District shall be made by filing an application to Village Council pursuant to the provisions of Section 1151.04 of this Zoning Code. Said application shall be heard and action taken in accordance with the procedures and provisions set forth in Section 1151.04. The following additional submission requirements shall apply to all applications for rezoning to a Conservation Development District:
(2) A storm drainage management plan which addresses the proposed methods of controlling storm run-off and mitigating erosion and sedimentation impacts.
(3) Proposed covenants and restrictions intended to govern the development and future use of the Conservation Development including a perpetual maintenance plan setting forth the proposed ownership arrangement, maintenance responsibility, and financing method for all recreation facilities, common parking areas, private streets, and other commonly owned facilities.
(4) The proposed perpetual conservation easement for the common open space.
(5) A yield plan which consists of conventional lot and street layouts conforming to all Village regulations.
(Ord. 2023-6. Passed 6-15-23.)
1160.07 PROCESSING OF PRELIMINARY DEVELOPMENT PLANS.
(a) Once the application is determined to be complete and is officially accepted by the Building Inspector/Zoning Inspector, the Building Inspector/Zoning Inspector shall forward copies to Village Council and such other officials or advisors as the Village may from time to time designate. The Preliminary Development Plan shall be referred by Village Council to the Planning and Zoning Commission and the Architectural Board of Review for a report of its recommendations.
(b) The Planning and Zoning Commission and the Architectural Board of Review shall schedule the application to be heard at their next general meeting occurring at least fourteen (14) days subsequent to filing of the complete application at which time the applicant shall be provided an opportunity to present the proposed Conservation Development. Notice of the meeting shall be sent to all adjoining property owners and to all other Village residents who have filed a written request to receive notices of hearings on proposed Conservation Developments.
(Ord. 2023-6. Passed 6-15-23.)
1160.08 REVIEW CRITERIA FOR PRELIMINARY DEVELOPMENT PLANS.
When reviewing an application for a Conservation Development, Village Council, the Planning and Zoning Commission, and the Architectural Board of Review shall consider, but shall not be limited to consideration of, the following characteristics of the proposed development:
(a) The comprehensive nature and design of the Preliminary Development Plan, including appropriate design of the physical, aesthetic, and economic relationships among its parts;
(b) The anticipated impacts of the proposed development upon the Village and upon adjoining and proximate neighbors and properties;
(c) The proposed architectural and site design characteristics;
(d) The nature and extent of proposed landscaping, existing vegetation and landform to be retained, and of proposed screening and buffering;
(e) The suitability of the proposed separations between buildings, including any proposed setbacks or yards: and
(f) Conformance with the maximum density as established by the Planning Commission based upon the yield plan.
(Ord. 2023-6. Passed 6-15-23.)
1160.09 ARCHITECTURAL BOARD OF REVIEW.
The Architectural Board of Review shall act upon the Preliminary Development Plans within forty-five (45) days of the date the application was referred from Village Council. The Architectural Board of Review may recommend approval, approval with modifications and/or stipulations, or denial of the Preliminary Development Plan to the Planning and Zoning Commission.
(Ord. 2023-6. Passed 6-15-23.)
1160.10 APPROVAL OF PRELIMINARY DEVELOPMENT PLANS.
(a) In addition to the considering the review criteria as provided in Section 1160.08, the Planning and Zoning Commission shall take into consideration the recommendation of the Architectural Board of Review.
(b) The Planning and Zoning Commission shall act upon Preliminary Development Plans within sixty (60) days of the date the application was referred from Village Council. The Planning and Zoning Commission may recommend approval, approval with modifications and/or stipulations, or denial of the Preliminary Development Plan to Village Council.
(c) Village Council shall act upon the Preliminary Development Plan within forty-five (45) days of receipt of the recommendation of the Planning and Zoning Commission.
(Ord. 2023-6. Passed 6-15-23.)
1160.11 SUBMISSION OF FINAL DEVELOPMENT PLANS.
Final Development Plans conforming to the requirements of Section 1160.16 submitted to Village Council for review shall be based on a previously approved Preliminary Development Plan and may be for portion or phases of the entire project. Final Development Plans shall be submitted at least ten (10) working days prior to the meeting at which said plans will be reviewed by Village Council. A minimum of six (6) copies shall be submitted. Submission shall include fees and deposits as established by Village Council.
(Ord. 2023-6. Passed 6-15-23.)
1160.12 APPROVAL OF FINAL DEVELOPMENT PLANS.
The Planning and Zoning Commission shall review each Final Development Plan and shall make a recommendation to Village Council regarding same within forty-five (45) days of the date at which said Final Development Plan is first heard by the Planning and Zoning Commission unless such time is extended with the consent of the applicant. The Planning and Zoning Commission may suggest, and Village Council may attach, such conditions to the approval of a Final Development Plan as may be reasonably required by the public health, safety and welfare and deemed appropriate to carry out the purposes and intent of this Zoning Code. Village Council shall act upon each Final Development Plan referred by the Planning and Zoning Commission within forty-five (45) days of receipt of the Planning and Zoning Commission's recommendation provided, however, that said time period may be extended by Village Council with the consent of the applicant.
(Ord. 2023-6. Passed 6-15-23.)
1160.13 COMPLIANCE REQUIRED.
Subsequent to the approval of a Conservation Development plan, all site plans, building permits, and other plans for improvements and any development or construction within the Conservation Development District shall be in substantial compliance with the approved Final Development Plan and any conditions of such approval adopted by the Village in approving the Conservation Development. Any departure from the approved Final Development Plan and any conditions or development agreements attached thereto, shall be deemed to be a violation of this Zoning Code. When the Building Inspector/Zoning Inspector determines that a proposed plan, request for Zoning Certificate, development or construction may not be in compliance with the Final Development Plan, he shall take appropriate action as authorized by this Zoning Code to compel compliance. (Ord. 2023-6. Passed 6-15-23.)
1160.14 AMENDMENTS TO DEVELOPMENT PLANS.
The owner or the homeowners association of an approved Conservation Development may submit plans for amendment of the approved Development Plan. The Planning and Zoning Commission and Village Council shall review such proposed modifications to the Development Plan and may grant approval of such changes if the Planning and Zoning Commission and Village Council determine that:
(a) The amendment is generally in conformance with the form, nature, and intent of the approved Development Plan;
(b) The total number of dwelling units within the Conservation Development will not be increased; and
(c) The amount of open space will not be reduced.
(Ord. 2023-6. Passed 6-15-23.)
1160.15 PRELIMINARY DEVELOPMENT PLAN REQUIREMENTS.
Each application for Preliminary Development Plan review shall include two (2) paper copies and one (1) digital copy in PDF format of a plan for the entire Conservation Development area, drawn to scale and shall include, at a minimum, the following data:
(a) The name of the development, the name of the owner or developer, north arrow, date and scale;
(b) A boundary survey;
(c) Existing topography and proposed finished grade with a maximum two foot (2') contour interval;
(d) Proposed building locations and setbacks;
(e) Vehicular and pedestrian circulation plans;
(f) A storm drainage plan; including preliminary arrangements for storm detention facilities.
(g) All existing and proposed water facilities including the location and sizes of water mains, and the location of fire hydrants;
(h) Location and size of common on-site sewage disposal system;
(i) General concept plans for landscaping and buffering;
(j) Architectural plans of proposed buildings and structures;
(k) Typical sections for all access drives;
(l) Proposed phases if the project is to be developed in stages; and
(m) A table containing calculations of building ground coverage and the total area covered with impervious surfaces.
(Ord. 2023-6. Passed 6-15-23.)
1160.16 FINAL DEVELOPMENT PLAN REQUIREMENTS.
(a) Final Development Plans shall be prepared and certified by persons professionally qualified to do such work. Final Development Plans shall be prepared at an appropriate scale, but not less than one (1) inch equals one hundred feet (1" = 100'). Profiles must be submitted on standard plan profile sheets.
(b) Final Development Plans shall include detailed design information for all of the items contained on Preliminary Development Plans but shall also include detailed construction drawings for proposed improvements including such items as:
(1) Detailed improvement plans including all pipe sizes, types, grades, and invert elevations, and the location of manholes for sanitary and storm sewers, and the location and sizes of water mains, and the location of fire hydrants;
(2) A detailed landscaping and buffering plan including a listing of all plant material by type, size, and number;
(3) Provisions for the adequate control of erosion and sedimentation;
(4) The location, type, size and height of all fencing, screening, and retaining walls;
(5) The location, width, size and intended purpose of all easements; and
(6) Detailed site grading and drainage plans including storm detention calculations and pipe sizing analyses.
(Ord. 2023-6. Passed 6-15-23.)
1160.17 CONSTRUCTION INSPECTION.
During construction, the Village's representatives shall be afforded adequate opportunity to inspect the development to confirm proper installation of improvements and compliance with the provisions of this Zoning Code, the approved standards and conditions for the Conservation Development, and such other regulations as may be applicable.
(Ord. 2023-6. Passed 6-15-23.)
1160.18 FEES AND DEPOSITS.
(a) All applications for development plan review and approval shall be accompanied by a non-refundable fee in an amount as set forth in the fee schedule as established from time to time by Village Council.
(b) All applications for development plan review and approval shall be accompanied by a cash deposit for professional consultant services in an amount as set forth in the fee schedule as established from time to time by Village Council. Any balance of unused funds shall be refunded to the applicant within sixty (60) days of the Village's final action on the application.
(c) Prior to commencement of construction, the developer of a Conservation Development shall deposit with the Village Clerk an amount based upon the estimated cost of construction of inspection services as determined by the Village's consultants, which funds shall be used by the Village to pay for project inspections during construction as provided in Section 1160.17.
(Ord. 2023-6. Passed 6-15-23.)