Bellevue City Zoning Code
ARTICLE XVI
One-Family Cluster and Open Space Plan Option
§ 155-16.01 Purpose.
The intent of this section is to, by special land use permit, provide for the development of one-family residential patterns which, through design innovation, will provide for an alternative means for development of single-family areas. To accomplish this, modifications to the one-family residential standards, as outlined in the Schedule of Regulations (Article XV) may be permitted by special land use permit in the RA, RB, and RC districts.
§ 155-16.02 Standards for one-family cluster option.
In RA, RB, and RC residential districts, the requirements of the schedule of regulations may be waived and the attaching of one-family dwelling units, one to another, may be permitted subject to the standards of this article.
§ 155-16.03 Conditions and qualifications.
A.
The Village Council may approve the clustering or attaching of buildings on parcels of land under single ownership and control, which, in the opinion of the Village Council, have characteristics that would make sound physical development under the normal subdivision approach impractical because of parcel size, shape or dimension or because it is located in a transitional use area or the site has natural characteristics which are worth preserving or which make platting difficult. In approving an area for cluster development, the Village Council shall find at least one of the following conditions to exist:
(1)
The parcel contains floodplain or wetland soil conditions that result in a substantial portion of the total area of the parcel being unbuildable.
(2)
The parcel contains natural assets that would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land that serves as a natural habitat for wildlife, unique topographic features or other natural assets that should be preserved.
(3)
The parcel has water frontage which would be preserved and enhanced by the clustering of housing units.
(4)
The parcel is shaped in such a way that the angles formed by its boundaries make a subdivision difficult to achieve.
(5)
The parcel has a substantial portion of its perimeter bordered by land that is located in an RD, BOS, CBD, I-1 or I-2 district.
B.
In order to qualify a parcel for development for cluster housing, the Village Council shall determine that the parcel has characteristics as stated in Subsection A above and the request shall be supported by written and/or graphic documentation, prepared by a landscape architect, engineer, professional community planner, architect, or environmental design professional. Such documentation shall include the following as appropriate: soil test borings, floodplain map, topographic map at a maximum two-foot contour interval, inventory of natural assets, including plant material.
§ 155-16.04 Permitted densities.
A.
Dwelling unit densities shall not utilize stormwater detention basins nor more than 25% of any wetland in computing the maximum permitted densities. The maximum permitted densities are as follows:
B.
For those areas qualifying under § 155-16.03, the following shall apply.
RA district: 3.5 dwelling units/acre |
RB district: 7 dwelling units/acre |
RC district: 8 dwelling units/acre |
C.
Water bodies within the parcel, not to include streams, may be included in the computation of density provided that land adjacent to the water is substantially developed as open space.
§ 155-16.05 Development standards and requirements.
A.
In areas meeting the criteria of this section, the minimum yard setback and minimum lot sizes per unit as required in Article XV may be waived and the attaching of dwelling units may be accomplished subject to the following:
(1)
The attaching of one-family dwelling units, one to another, may be permitted when the homes are attached by means of one of the following:
(a)
Through a common party wall forming interior room space which does not have over 75% of its length in common with an abutting dwelling wall, excluding garage;
(b)
By means of architectural wall detail that does not form interior room space;
(c)
Through abutting garage party walls of adjacent structures;
(d)
The number of units attached in this manner shall not exceed four.
(2)
Yard requirements shall be provided as follows:
(a)
Spacing between groups of attached buildings or between each group of four unattached buildings shall be equal to at least 30 feet measured between the nearest points of adjacent buildings. The minimum distance between any single detached unit and any adjacent building shall be 15 feet.
(b)
Building setbacks from streets shall be equal to the front yard setback of the district.
(c)
Buildings shall not be closer than 25 feet to the pavement edge of interior private drives.
(3)
The area in open space (including recreation areas and water) accomplished through the use of one-family cluster development shall represent at lease 15% of the total parcel area. The provision of walks, trails, and recreation facilities is required within the open space areas.
(4)
In order to provide an orderly transition of density, where the parcel proposed for use as a cluster development abuts a one-family residential district, the Planning Commission shall determine that the abutting one-family district is effectively buffered by means of one of the following within the cluster development:
(a)
Single-family lots subject to the standards of the schedule of regulations.
(b)
Detached one-family buildings with setbacks as required by the schedule of regulations for the applicable residential district.
(c)
Open or recreation space not less than 100 feet in depth.
(d)
A densely planted buffer not less than 50 feet in depth.
§ 155-16.06 Procedures.
A.
Qualification for cluster development.
(1)
A special land use application and site plan, as provided in Articles XXII and XXV of this chapter, shall be filed with the Zoning Administrator for review and recommendation by the Planning Commission. The documents filed shall include evidence sustaining one or more of the characteristics outlined in § 155-16.03 of this article.
(2)
The Planning Commission may make a preliminary determination as to whether or not a parcel qualifies for the cluster option under one of the provisions of § 155-16.03 of this article based upon the documentation submitted. Such review is not a requirement but may be requested by the sponsor.
(3)
A preliminary determination by the Planning Commission that a parcel qualifies for cluster development does not ensure approval. It does, however, give an initial indication as to whether or not a petitioner should proceed to prepare a site plan.
B.
Preliminary site plan approval.
(1)
A preliminary site plan shall be submitted to the Planning Commission for review in two stages:
(a)
An initial review of the plan concept including the information called for below in Subsection B(2).
(b)
Review of the plan at a public hearing, including information called for below in Subsection B(3).
(2)
In submitting a proposed layout under this section, the applicant of the development shall include, along with the site plan, typical building elevations and floor plans, topography drawn at two-foot contour intervals, all computations relative to acreage and density, a preliminary grading plan, and any other details that will assist in reviewing the proposed plan.
(3)
Site plans submitted under this option shall be accompanied by information as required in the subdivision regulations of the Village provided, however, that:
(a)
Submission of an open space plan and project cost estimates for the initial review of the preliminary site plan shall be submitted at the option of the applicant.
(b)
The open space plan and cost estimate shall be submitted for review at the public hearing.
(4)
The Planning Commission shall give notice of the public hearing in accordance with provisions of § 155-25.03 of this chapter.
(5)
If the Planning Commission is satisfied that the proposal meets the letter and spirit of the zoning ordinance and should be approved, it shall set forth any conditions upon which such approval may be recommended. If the Planning Commission is not satisfied that the proposal meets the letter and spirit of this chapter, or finds that approval of the proposal would be detrimental to existing development in the general area and should not be approved, it shall record the reasons therefore in the minutes of the Planning Commission meeting. Notice of recommendation of approval or disapproval of the proposal together with copies of all layouts and other relevant information shall be forwarded to the Village Council.
(6)
The Village Council shall review the action of the Planning Commission together with relevant material submitted by the applicant, and shall take action consistent with Article XXV to approve or disapprove the application for special land use, or refer the application back to the Planning Commission with direction for further review. The Planning Commission shall approve or disapprove a site plan only after approval of a special land use permit by the Village Council.
§ 155-16.07 Final site plan.
A.
After approval of a preliminary site plan, a final site plan shall be submitted in accordance with the requirements of Article XXII.
B.
As a condition for the approval of the final site plan and open space plan, the applicant may be required to deposit cash, irrevocable letters of credit, or other equivalent form of security as approved by the Village Council in the amount of the estimated cost of the proposed improvements to the open land guaranteeing the completion of such improvements within a time to be set by the Village Council. Actual development of the open space shall be carried out concurrently with the construction of dwelling units. The Village Council may require landscape improvement for the entire site frontage where such site abuts public streets as an initial site improvement even though such frontage is not part of any early stage of project development.
§ 155-16.10 Standards for open space plan option.
The purpose of a subdivision or site condominium open space plan is to promote the preservation of open space while allowing a reduction in lot sizes, by special land use permit, in instances where the reduction would be compatible with lot sizes existing in the surrounding area. In reviewing a subdivision open space plan, the Planning Commission and Village Council shall consider the following objectives:
A.
To encourage appropriate relationships in orientation and size of yards and open spaces with other developed parcels in the area.
B.
To provide a more desirable living environment by preserving the natural character of wetlands, strands of trees, brooks, hills, and similar natural assets.
C.
To encourage developers to use a more creative approach in the development of residential areas.
D.
To encourage the provisions of open space within reasonable distance of all lot development of the subdivision and to further encourage the development of recreational facilities or preservation of natural environmental assets and to lessen the impact on existing park and open space in the Village.
E.
To encourage a more efficient, aesthetic, and desirable use of open area while recognizing a reduction in development costs and by allowing the developer to bypass natural obstacles on the site.
§ 155-16.11 Modification to standards.
A.
Modifications of the standards as outlined in Article XV may be made in the districts when the following conditions are met:
(1)
Lot dimensions may be reduced in accordance with the following schedule, provided that the number of residential lots shall be no greater than if the land area to be subdivided was developed in the minimum square foot lot areas as required for each one-family district under Article XV. All calculations of density for residential development shall be predicated upon the one-family districts having the following gross densities (including roads):
District | Dwellings Per Acre | Minimum Lot Width |
|---|---|---|
RA (no public water or sewer) | 1.1 | 100 |
RA (public water) | 1.4 | 90 |
RA (public sewer) | 2.2 | 75 |
RA (public water and public sewer) | 2.7 | 70 |
RB (public water and public sewer) | 5.5 | 55 |
(2)
For each square foot of land gained under the provisions of the above Subsection A(1) within a residential district, through the reduction of lot sizes below the minimum requirements as outlined in Article XV, the property owner shall record an irrevocable conservation easement, plat, site condominium, restrictive covenant, or restriction by other legal means that is satisfactory to the Village, for an equal amount of open space land area, which restriction shall run with the land and which shall mandate that the designated open space will perpetually remain in an undeveloped state.
(3)
The land area necessary to meet the minimum requirements of the density and dimensional standards of Article XV shall not include bodies of water or wetlands which would make land unsuitable for recreation purposes, except that lakes or ponds, when landscaped and maintained as portions of larger open space areas within the development, may be included in density computations. All land reserved for recreation shall maintain its natural drainage. The entire area may, however, be located in a floodplain.
(4)
A parcel to be dedicated for the common use of the subdivision or site condominium shall be in no instance be fewer than three acres and shall be in a location and shape approved by the Village Council, provided that a parcel divided by a road or stream shall be considered as one parcel.
(5)
Access shall be provided to areas dedicated for the common use of the subdivision for those lots not bordering on such dedicated areas by means of streets or pedestrians.
(6)
Under this open space approach, the proprietor shall dedicate sufficient park area so that each final plat is within maximum density requirements; provided, however, that the entire park area within a single block shall be dedicated as a whole.
(7)
An application for approval of an open space plan shall be submitted at the same time a preliminary subdivision plat or site condominium plan is submitted for approval.
§ 155-16.12 Ownership, improvement and maintenance of open space areas.
A.
A plan for the open space areas shall be submitted and shall include a cost estimate of improvements to be made within the open space.
B.
Whenever a developer or proprietor employs the terms of this section, provision shall be made for the incorporation of a home owners' association or equivalent to ensure the maintenance of all common open space areas.
C.
Prior to approval, the Bellevue Village Attorney shall review the proposed open space plan and render an opinion with respect to:
(1)
The proposed manner of holding title to the open land;
(2)
The proposed manner of payment of taxes;
(3)
The proposed method of regulating the use of the open land;
(4)
The proposed method of maintenance of property and financing thereof;
(5)
Any other factor related to the legal or practical problems of ownership, use and maintenance of the open land.
§ 155-16.13 Site plan and special land use permit procedures and approval.
A.
Special land use. Review and approval of a proposed open space plan special land use permit shall be pursuant to the provisions of this article and Article XXV.
B.
Site plan. Review and approval of a final site plan for an open space plan for which a special land use permit has been granted by the Village Council, shall be pursuant to this article and Article XXII.
C.
Procedures for a subdivision or site condominium development shall be in accord with the applicable Subdivision Control Act, Public Act 288 of 1967, MCLA § 560.101 et seq., as amended, or the Condominium Act, Public Act 597 of 1978, § MCLA 559.101 et seq., as amended.