The purpose of an open space community is to maintain the rural, natural and scenic qualities of Boyne City. Toward this end, all open space community developments shall be designed to promote the preservation and protection of natural features, significant wildlife habitats, sensitive environmental lands and scenic vistas. The provisions set forth in this article encourage innovative and livable residential neighborhoods through permanent dedication of open space, where the overall density may be increased, but remains generally the same as would be found in a traditional development with the underlying zoning.

Increasing suburban development of rural areas has produced a need for more environmentally sensitive and cost efficient residential development. This article meets this need as dwelling units are grouped or clustered onto part of the parcel so the remaining acreage can be permanently preserved as open space.

The intent of this article is to offer an alternative to traditional residential developments and subdivisions through the use of planned unit development legislation that results in an enhanced living environment through the permanent preservation of open and rural landscapes for the following purposes:

A.

Encouraging the use of land in accordance with its character and adaptability;

B.

Providing more environmentally sensitive residential developments by assuring the permanent preservation of open space, woodlands, wetlands, natural topography and other natural resources;

C.

Preserving the rural landscape and protecting environmentally sensitive lands from the disruptive effects of traditional subdivision development;

D.

Providing open spaces and/or recreational facilities within a reasonable distance of all residents of open space communities;

E.

Encouraging the provision of open space of a reasonable size to provide a more efficient and aesthetic use of open space;

F.

Helping promote longterm preservation of wetlands by promoting ownership by an association rather than individual lot owners;

G.

Allowing innovation and greater flexibility in the design of residential developments by permitting modifications to dimensional requirements of this ordinance;

H.

Facilitating the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

I.

Ensuring compatibility of design and use between neighboring properties and a generally consistent density with that permitted in the underlying zoning district; [and]

J.

Encouraging a less sprawling form of development, thus permanently preserving open space as undeveloped land.

These overlay development regulations are intended to preserve a traditional rural character to the land use pattern in Boyne City through the creation of small residential groups or clusters contrasting with open space and less intensive land uses. These regulations are further intended to provide flexibility in certain zoning ordinance requirements to preserve natural features and open space which might be lost through more traditional subdivision development in residential districts. These standards are not intended as a device for ignoring or circumventing the zoning or subdivision regulations of the city, the standards set forth therein, nor the planning concepts upon which the zoning ordinance has been based. These standards are intended to result in a specific development substantially consistent with this ordinance, yet allow for modifications from the general standards to insure appropriate, fair, and consistent decisionmaking.

The open space community option is established as an overly district with the underlying zoning remaining in place, and shall be available by right for condominium developments, platted subdivisions, and land divisions in all single-family residential districts, or in other residential zoning districts in which the planning commission determines open space conservation is a primary consideration. Development permitted under this article shall be considered as an option to the development otherwise permitted in the applicable zoning districts, and shall be mutually agreeable to both the applicant and/or developer and the city.

For the purposes of this article, the terms enumerated in this section shall be defined as follows:

A.

Adjusted parcel acreage. Net parcel area after the primary conservation area has been deducted from the gross parcel area. The adjusted parcel acreage is the figure upon which density calculations are based.

B.

Open space. The combined area of primary and secondary conservation areas within an open space community, not individually owned, which is designed and intended to conserve environmental features for the common use or enjoyment of the residents of the development or the public. Such open space may contain accessory structures and improvements appropriate for recreational purposes, as provided by this article.

C.

Open space community. A predominately single-family residential development in which dwelling units are placed together into one or more groups or clusters within a defined project area, where the dwelling units are separated from adjacent properties or other groups or clusters of dwellings by substantial open space that is perpetually protected from development, whereby the preservation of primary and secondary conservation areas is emphasized as the basis for grouping or clustering dwelling units.

D.

Primary conservation area. Sensitive environmental features that are deducted from the gross parcel acreage to produce the adjusted parcel acreage. Lands to be deducted include wetlands, water bodies and inundated lands (lakes, ponds, streams, drains), lands within a 100-year floodplain, natural drainage ways, and rolling topography and slopes exceeding 12 percent grade.

E.

Secondary conservation area. Natural or cultural features including, but not limited to, mature woodlands, individual trees over six-inch diameter (measured at diameter breast height), aquifer recharge areas, wildlife habitat areas, historic sites, prime farmland, and/or scenic views or vistas from public rights-of-way designated for conservation.

To be eligible for open space community consideration, the applicant must present a proposal for residential development that meets each of the following criteria:

A.

Recognizable benefits. An open space community shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the city. The benefits can be provided through site design elements in excess of the requirements of this ordinance, such as high quality architectural design, extensive landscaping, transition areas from adjacent residential land uses, unique site design features, unified access, preservation of primary and secondary conservation areas, particularly along major thoroughfares, and buffering developments from lakes, rivers, streams and wetlands. This benefit should accrue, in spite of any foreseeable detriments of the proposed development.

B.

Minimum project size. The minimum size of an open space community development shall be five acres of contiguous land. The planning commission may consider development of a site less than five acres as an open space community; provided that the parallel plan shall be prepared at the existing zoning minimum lot size, and there shall be no density bonus for sites less than five acres. The parcel depth shall not exceed three times the width of the parcel. The parcel shall have a minimum frontage of 250 feet.

C.

Open space and natural features. The proposed development shall contain a minimum 25 percent of the total site area designated as permanent open space containing one or more of the following open space benefits:

1.

Significant natural assets. The site contains significant primary and/or secondary conservation areas or other natural assets which would be in the best interest of the city to preserve and which might be negatively impacted by conventional residential development. Determination of significance shall be based upon a combination of factors including soil type, topography, existing vegetation and habitat, historic use of land, size of the site, use of land for agricultural purposes and character of the surrounding area. This determination shall be made by the planning commission after review of a site analysis plan, prepared by the applicant, that inventories these features.

2.

Recreation facilities. The development will preserve an existing recreation facility or provide usable recreation facilities to which all residents of the development shall have reasonable access. Such recreation facilities include areas such as a neighborhood park, passive recreational facilities, athletic fields, bicycle paths, playgrounds, or similar facilities which provide a feature of communitywide significance and enhance residential development.

D.

Unified control. The proposed development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.

E.

Guarantee of open space. The applicant shall guarantee through a legal instrument acceptable to the planning commission (e.g., master deed or conservation easement) that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control; provided notice of such transfer is provided to the city and the land uses continue as approved in the open space community plan.

F.

Cohesive neighborhood. The proposed development shall be designed to create a cohesive neighborhood through common open space areas for passive and/or active recreation and resident interaction. All open space areas shall be equally available to all residents of the open space community.

G.

Density impact. The proposed type and density of use shall not result in an unreasonable increase in the need for or impact upon public services, facilities, streets, and utilities in relation to the use or uses otherwise permitted by this ordinance, and shall not place an unreasonable impact upon the subject site and surrounding land, surrounding property owners and occupants, and/or the natural environment. The planning commission may require that the applicant prepare an impact statement documenting the significance of any environmental, traffic, utility, or social-economic impacts resulting from the proposed open space community. Such an impact statement shall be a quantitative comparison of the impacts of both conventional development and the open space community plan (such as an overlay of conceptual development plans, on a natural features map, illustrating other site development options to demonstrate the impacts have been minimized to the extent practical). An unreasonable impact shall be considered an unacceptable significant adverse effect on the quality of the surrounding community and the natural environment in comparison to the impacts associated with conventional development.

H.

Comprehensive plan. The proposed development shall be consistent with and further the implementation of the city's comprehensive plan, and any subsequent amendments thereto.

A proposed open space community shall be reviewed and approved in accordance with the development plan review procedures of this ordinance as contained in article XIX and must comply with the following project design standards:

A.

Plan preparation. An open space community plan shall be prepared using the four-step design process described herein.

1.

Designate open space. Outline the primary and secondary conservation areas within and surrounding the proposed site.

2.

Layout dwelling unit sites. Designate the tentative location of potential dwelling unit sites.

3.

Layout streets, thoroughfares, and pathways. Align proposed streets, thoroughfares, and pathways to provide vehicular access to each dwelling unit site in a manner that minimizes impacts on primary and secondary conservation areas.

4.

Layout lot lines. Divided the dwelling unit sites into lots.

B.

Location. An open space community may be approved upon any rural estate district (RED), traditional residential district (TRD), or in any other residential zoning districts in which the planning commission determines open space conservation is a primary consideration.

C.

Permitted uses.

1.

Single-family detached residential dwelling units or residential buildings with up to four attached units are permitted, provided attached dwellings shall number no more than 25 percent of the total number of dwelling units.

2.

Agriculture, horticulture, or floriculture excluding farm-based agribusinesses, concentrated animal feeding operations, livestock raising operations, stables, or veterinary hospitals or clinics.

3.

Accessory uses and buildings incidental to the principal permitted uses including recreational activities which are passive and occur on common open space lands only.

4.

In projects that qualify under the standards herein, a multiple-family component may be allowed by the planning commission, subject to the requirements of this article.

D.

Water and sewer service. If there is public water or sanitary sewer service available to the site on which an open space community development is proposed, the planning commission shall require connection into the system.

E.

Base zoning regulations. Consistent with the intent and procedures of this article, modifications to the dimensional requirements of this ordinance may be granted upon a specific request by an applicant. Unless specifically modified by the planning commission, the balance of all zoning ordinance requirements for the underlying zoning district, except for minimum lot area and minimum yard setbacks as stated herein, and other city ordinances shall remain in full force.

F.

Open space requirements. Open space shall be comprised of primary and secondary conservation areas. Primary conservation areas are predetermined by the location of unbuildable lands as defined herein. Secondary conservation areas shall be guided by the maps and policies of the natural features, open space or recreation elements of the city's comprehensive plan.

1.

All land within a development that is not devoted to a residential dwelling, an accessory use, vehicular access or parking, a street, or an approved land improvement shall be set aside as common open space land for recreation, conservation, agricultural uses, or preserved in an undeveloped state. Grading in the open space shall be minimal, with the intent to preserve existing topography where practical.

2.

An open space community shall maintain a minimum of 25 percent of the gross area of the site as dedicated open space held in common ownership. The cumulative total of acreage within the 100-year floodplain may not account for more than 50 percent of the required open space area. Except as noted in this article, any undeveloped land area within the boundaries of the site meeting the open space standards herein may be included as required open space.

3.

If a site contains secondary conservation areas, a minimum of 20 percent of the adjusted parcel area, after deducting the primary conservation areas, shall remain as secondary conservation areas.

4.

At least 20 percent of the open space area shall be suitable for active recreation purposes, but no more than 50 percent of the open space shall be utilized for that purpose.

5.

Secondary conservation areas shall provide an upland buffer of natural native species of at least 25 feet adjacent to wetlands and surface waters, including lakes, ponds and natural drainage ways.

6.

Stormwater management ponds may be included and/or constructed within the open space area.

7.

Areas not considered open space. The following land areas are not included as dedicated open space for the purposes of this article:

a.

The area of any street right-of-way proposed to be dedicated to the public and access easements for private streets or underground utilities. This provision shall not preclude the future dedication of a private street access easement to a public street agency;

b.

Any submerged land area, open bodies of water, and detention basins;

c.

Any area devoted to natural or improved flood control channels, or those areas encumbered by floodway or drain easements;

d.

State or federally regulated wetlands;

e.

The required setbacks surrounding a residential structure that is not located on an individual lot or condominium site; [and]

f.

Parking and loading areas.

Except as noted above, any undeveloped land area within the boundaries of the parcel may be included as required open space.

8.

Connections with adjacent open spaces, public parks or other lands, or existing and/or planned pedestrian/bicycle paths may be required by the planning commission.

9.

Further subdivision of open space lands, or their use for other than recreation, conservation or agriculture shall be prohibited.

G.

Open space location and size. Open space areas may either be centrally located, along the street frontage of the development, located to preserve primary or secondary conservation areas, or located to connect open spaces throughout the development. The open space location shall meet one or more of the following standards:

1.

The open space is provided along the public street right-of-way to provide additional buffering from the traffic and enhance views from the street, provided the open space along such right-of-way shall generally have a depth of at least 50 feet, either preserved in a natural wooded condition, or landscaped with a minimum of one evergreen tree with a minimum height of six feet, and one canopy tree with a minimum caliper of 2½ inches (d.b.h.) for each 20 feet of street frontage. Such plantings shall be planted in staggered rows or clustered into groupings to provide a natural appearance. Preservation of existing trees may be credited towards meeting the frontage landscaping requirement.

2.

The open space provides an ecological link to permanent open space in surrounding lands, or is located to connect open spaces, public parks, or bicycle/pedestrian paths throughout the community.

3.

The open space is designed and located to be centrally positioned or in close proximity to all or most of the dwelling units, and is directly accessible to the largest practical number of lots or parcels within the development.

4.

The open space preserves sensitive environmental feature areas or significant natural features in a natural state and adequately protects them as nature preserves or limited access areas.

Where open space is held in noncontiguous parcels, no open space area shall consist of less than one-half acre or have a length to width ratio of greater than four to one. Exceptions to this requirement shall include areas specifically designed as trail links, wetland and water body buffers, active recreation facilities or formal community spaces such as village greens or commons.

H.

Guarantee of open spaces. The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the city, such as recorded deed restrictions, covenants that run perpetually with the land, or a conservation easement established per the State of Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended (MCL 399.251). Such conveyance shall ensure that the open space will be protected from all forms of development, except as shown on an approved development plan, and shall never be changed or converted to another use. Such conveyance shall provide for the following:

1.

Indicate the proposed allowable uses of the dedicated open space. The planning commission may require the inclusion of open space restrictions that prohibit:

a)

Dumping or storing of any material or refuse;

b)

Activity that may cause risk of soil erosion or threaten any living plant material;

c)

Cutting or removal of live plant material except for removal of dying or diseased vegetation;

d)

Use of motorized off-road vehicles;

e)

Cutting, filling or removal of vegetation from wetland areas; and/or

f)

Use of pesticides, herbicides or fertilizers within or adjacent to wetlands.

2.

Require that the dedicated open space be maintained by parties who have an ownership interest in the open space.

3.

Provide standards for scheduled maintenance of the open space.

4.

Provide for maintenance to be undertaken by the city in the event that the dedicated open space is inadequately maintained, or is determined by the city to be a public nuisance, with the assessment of costs upon the property owners.

I.

Continuing obligation. The dedicated open space shall forever remain open space, subject only to uses approved by the city on the approved site plan. Further subdivision of open space land or its use for other than recreation, conservation or agricultural purposes, except for easements for utilities and septic systems, shall be strictly prohibited.

J.

Allowable and existing structures. Any structure or building accessory to a recreation, conservation or agriculture use, excluding parking lots, may be erected within the dedicated open space, subject to approval by the planning commission. These accessory structure or building shall not exceed, in the aggregate, one percent of the required open space area. When a tract contains structures or buildings deemed to be of historic, cultural or architectural significance, as determined by the planning commission, and if suitable for rehabilitation, the structures shall be retained. Adaptive reuse of existing structures for residential use or permitted accessory residential uses shall be permitted. Accessory structures or uses of a significantly different scale or character than the abutting residential district shall not be located near the boundary of the development if it may negatively impact the residential use of adjacent lands as determined by the planning commission.

K.

Dwelling density. The permitted density of residential uses within an open space community shall not exceed the density allowed by the underlying residential zoning district as stated in article XX, schedule of regulations; provided the planning commission may allow an increase in density of up to 20 percent upon a determination that primary and secondary conservation areas will be preserved that would not be preserved under a more traditional development design and that the open space meets the standards of this article. The planning commission may utilize criterion or guidelines to determine whether a density bonus should be allowed and the percentage of the density bonus. Primary conservation areas, rights-of-way, private street access easements, and parking and loading areas shall not be used to calculate maximum permitted density.

1.

Density calculation; parallel or yield plan option. The maximum number of dwelling units permitted within an open space community shall be determined through preparation of a parallel or yield plan. A parallel or yield plan illustrates how many dwelling units could be feasibly and practically established in proposed area with a traditional subdivision plan meeting the dimensional requirements of the underlying zoning district and the design standards of the city's subdivision and site condominium regulations.

The parallel or yield plan shall be prepared with the minimum lot areas as required per each applicable zoning district. The parallel or yield plan is only used to determine allowable density for an open space community project.

The applicant shall prepare, and present to the planning commission for review, a parallel or yield plan or design for the project that depicts a conventional lot and street layout and is consistent with state, county and city requirements, including standards and design criteria for a tentative preliminary plat. The parallel or yield plan shall:

a.

Meet all standards for lot size, lot width and setbacks as normally required under this zoning ordinance, and public street improvements and private parks;

b.

Have demonstrated soil suitability for individual septic systems, if required, and

c.

Contain an area, which conceptually would provide sufficient area for stormwater detention.

Lots in the parallel or yield plan shall provide sufficient building envelope size without impacting wetlands regulated by the Michigan Department of Environmental Quality. Primary conservation areas shall be depicted on the parallel or yield plan and excluded from the layout of conventional lots. This design shall include all information as required by the guidelines adopted by the planning commission pursuant to this article.

The planning commission shall review the design and determine the number of lots that could be feasibly constructed and be economically viable following the parallel plan. This number, as determined by the planning commission, shall be the maximum number of dwelling units allowable for the open space community. The planning commission may grant a density bonus of up to 20 percent for exemplary projects that meet the conditions outlined in this article.

2.

Density calculation; yield formula option. The number of dwelling units permitted within an open space community shall be determined through the calculation of a yield formula. The yield formula shall be calculated based upon gross parcel area minus the primary conservation areas, land occupied by permanent easements that restrict construction (utility transmission, access, drainage) and land required for rights-of-way (25 percent of the buildable site area). The resulting acreage shall be divided by the minimum lot area (or average density) permitted in the zoning district to establish the maximum number of permitted dwelling units within the open space community. The planning commission may grant a density bonus of up to 20 percent for exemplary projects that meet the conditions outlined in this article.

L.

Regulatory flexibility.

1.

To encourage flexibility and creativity consistent with the open space community concept, the planning commission may grant specific departures from the requirements of this ordinance for yard, lot, and bulk standards as a part of the approval process provided that such modification results in enhanced buffering from adjacent land uses or public rights-of-way, or further preservation of natural features.

2.

Any regulatory modification shall be approved through a finding by the planning commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. Regulatory modifications are not subject to variance approval of the zoning board appeals. No part of an open space community plan may be appealed to the zoning board appeals. Any deviation of an approved plan shall require approval from the planning commission. This provision shall not preclude an individual lot owner from seeking a variance following final approval of the open space community, provided such variance does not involve alterations to open space areas as shown on the approved open space community development plan.

3.

A table shall be provided on the development plan which specifically details all deviations from the requirements of this ordinance, including area, height and setback regulations, off-street parking regulations, general provisions, or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this article. This specification should include zoning ordinance provisions from which deviation are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which deviations are sought. Only those deviations consistent with the intent of this ordinance and the city's comprehensive plan shall be considered.

4.

The total area of dedicated open space shall equal or exceed any reduction in area for minimum lot sizes.

M.

Access. Direct access onto either a city street, or county or state road designated as an arterial or thoroughfare within the city's comprehensive plan or a state highway shall be required for an open space community. The nearest edge of any entrance or exit drive shall be located no closer than 100 feet from any existing street or street intersection (as measured from the nearest intersection right-of-way line). Open space communities shall also meet or exceed the access management standards contained in this ordinance or other ordinances of the city.

N.

Internal streets. Internal streets within an open space community may be public or private. Streets shall comply with all city ordinances for private streets, or the city's or Charlevoix County Road Commission standards for public streets.

1.

The creation of single-loaded residential access streets is encouraged to maximize the number of homes that may enjoy views of open space. The street layout should facilitate circulation within the development and provide connections to adjacent residential developments, minimize the number of cul-de-sacs created, and facilitate access within the development and outside of the development.

a.

Wetland crossings and streets traversing existing slopes of 12 percent grade or greater are discouraged.

b.

The street layout should minimize the number of cul-de-sacs. Cul-de-sacs should be designed with a central island planted with native trees and shrubs.

2.

Construction of private streets as a means of providing access and circulation is permitted. The required pavement width may be reduced by the planning commission to a minimum 22-foot width within an easement of at least 40 feet where primary or secondary conservation areas will be preserved, and the planning commission finds that there is no reasonable potential for the street to become public in the future. The planning commission may modify other requirements of any private street ordinance, if all of the following findings are made:

a.

There is no potential for the street to connect with abutting land or be extended to serve additional land in the future; [and]

b.

Primary or secondary conservation areas would be preserved through allowing a modification to the ordinance standards.

3.

Where private streets are developed, a maintenance plan, including a means of guaranteeing maintenance assessments from the affected property owners, shall be reviewed and approved by the city.

4.

Both sides of all internal streets shall be landscaped with street trees. For street frontages of individual lots or condominium sites, a minimum of two canopy trees with a minimum caliper of 2½ inches (d.b.h.) shall be provided per dwelling. For sections of street that do not abut lots or condominium sites, one canopy tree shall be provided on each side for every 20 feet or street. Existing trees to be preserved within five feet of the street right-of-way or easement may be credited towards meeting this requirement.

5.

The developer shall submit a statement that, if any portion of the internal street system does not meet city standards there shall be no obligation on the part of the city to repair and/or maintain that portion of the system, which is nonconforming.

O.

Driveways. The distance from the near edge of a street or street edge and a garage door shall be at least 25 feet if the garage door faces the street or road.

P.

Lot and dwelling location. Dwelling units shall be carefully located and designed in accordance with the city's comprehensive plan in order to avoid conflicts with neighboring land uses. Dwelling placement shall be planned to screen homes from off-site vantage points, away from primary and secondary conservation areas, sites suitable for open space, and upwind from areas subject to land management practices that will cause dust, noise, smoke, odors or similar problems.

Residential lots shall be designed around both the primary and secondary conservation areas and may adjoin those areas. The majority of lots should abut open space in order to provide views and access in locations least likely to block or interrupt scenic vistas, as seen from public streets. Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.

All dwelling units and accessory structures shall be no less 50 feet from the edge of a major arterial and that 50-foot area shall be maintained in native plants and trees so as to create a buffer between the street and the development.

Q.

Building setbacks and yard requirements. Building envelopes on residential lots shall comply with the following yard and setback requirements:

1.

Any side of building adjacent to a public street or private street shall be setback at least 15 feet from the right-of-way or access easement;

2.

Detached single unit buildings shall be a minimum ten feet apart, with a minimum of 20 feet between each fourth building. Multiple-unit buildings shall be spaced at least 15 feet apart (measured from nearest edge). Garages shall be recessed from the front building line for at least 75 percent of the units;

3.

The minimum floor area required for each residence shall be equal to the minimum floor area per unit as set forth in article XX, schedule of regulations, for the district in which the cluster is located;

4.

Dwelling units should generally not be located closer than 100 feet to a primary conservation area or closer than 50 feet to a secondary conservation area. These setbacks should be part of the dedicated open space and not privately owned; [and]

5.

Dwellings located within open fields or pastures should be sited on the least important agricultural soils, or in locations at the far edge of a field, as seen from existing public street rights-of-way. Other considerations may include proposed visual buffering, such as native trees or wild flowers, from public street rights-of-way.

The building setback requirements may be varied provided they are specifically indicated on the open space community plan and the planning commission determines the variation does not negatively impact primary and secondary conservation areas or adjacent properties, and provides a recognizable benefit.

R.

Compatibility with adjacent uses. The setbacks, density, height, traffic, parking, circulation, landscaping, views and other design features shall be compatible with the character of the site and surrounding properties. The proposed location of accessory uses or structures that are of a significantly different scale or character than the abutting residential districts, such as access drives, parking areas, solid waste pickup points, swimming pools, tennis courts and facilities of a similar nature, shall not be located near the boundary of the development or so as to negatively impact the residential use of adjacent lands and the general planning area as indicated by the city's comprehensive plan.

S.

Transition areas. Where the open space community abuts a district other than a single-family residential district, the planning commission may require a transition area. Grading within the transition area shall be minimal unless needed to provide effective buffering or accommodate drainage. If the grade change is to be varied by more than three feet, the development plan shall include cross sections illustrating existing and proposed grades in relation to existing and proposed building heights. The cross sections shall be supplemented with photographs of existing conditions along the property line. Perspective renderings from adjacent sites are encouraged. The planning commission may review the proposed transition area to ensure compatibility and require that it consist of one or more of the following:

1.

Dwelling units similar to adjacent residential development in terms of density, lot area, lot width, setbacks and building spacing, with consideration of any changes to existing grade, as determined by the planning commission.

2.

Woodlands, natural features or a landscaped greenbelt sufficient to provide an obscuring effect and at least 50 feet wide in depth.

3.

Open or recreation space not less than 50 feet wide in depth.

4.

Significant changes in topography which provide an effective buffer.

5.

A major or secondary thoroughfare as defined in the city's comprehensive plan.

T.

Architectural and site element design. Buildings shall provide harmony with adjacent uses in terms of texture, materials, peaked rooflines and massing, but there shall be a variation of front facade depth and rooflines to avoid monotony. Residential facades shall not be dominated by garages; at least 75 percent of residential units shall have side entry garages or recessed garages where the front of the garage is at least five feet behind the front line of the living portion of the principal dwelling. The intent of encouraging recessed or side entry garages is to enhance the aesthetic appearance of the development and minimize the aesthetic impact resulting from the close clustering of units allowed under these regulations. Building elevations shall be required for all structures other than single-family dwellings.

U.

Pedestrian circulation. The open space community plan shall provide safe and convenient pedestrian access to all open space areas from the following: all residential areas including lots not adjoining open space areas; connections between open space areas; public thoroughfares; open space areas, trails, or pathways on adjoining parcels; and connections between appropriate on-site and off-site uses. (Conserved farmland may be exempted from this requirement to protect crops from damage.) Accessibility shall meet barrier-free standards.

Trails within the open space community may be constructed of gravel, wood chips or other similar material; provided they meet applicable barrier-free standards, however the planning commission may require construction of six-foot-wide paved bicycle paths through portions of the development or along the any public right-of-way abutting the open space community. The planning commission may require the construction of sidewalks for open space communities. Locations for school bus stops shall be provided on the development plan.

V.

Natural features. The development shall be designed to promote the preservation of natural features. Individual lots, buildings, streets and parking areas shall be designed and situated to minimize alteration of the natural environment. If animal or plant habitats of significant value exist on the site, the planning commission, as a condition of approval, may require that the open space community plan preserve these as contiguous areas in a natural state and adequately protect them as nature preserves or limited access areas. The planning commission may also require a minimum of 25-foot-wide undisturbed open space setback from the edge of any, lake, pond, river, stream or wetland; provided that the planning commission may permit trails, boardwalks, observation platforms or other similar structures that enhance passive enjoyment of the site's natural amenities within the setback.

W.

Utilities. All public and semipublic utilities, including but not limited to potable water, sanitary sewer, storm sewer and drainage systems, electricity, telephones, cable televisions, natural gas, etc., shall be placed underground.

The planning commission may allow an exemplary open space community to include one or more of the following optional provisions. In order to qualify for an optional provision, the applicant must demonstrate, to the satisfaction of the planning commission, that the proposed project exceeds the minimum standards for open space community eligibility under this article, and all structures within the project, including single-family dwellings, shall be subject to architectural review by the planning commission.

A.

Density bonus. A variable density bonus of up to 20 percent may be allowed at the discretion of the planning commission, based upon a demonstration by the applicant of design excellence in the open space community. In order to qualify for a density bonus, the open space community must be served by public sanitary sewer. Projects qualifying for a density bonus shall include at least one of the following elements:

1.

Preservation of all primary and secondary conservation areas contained within the site;

2.

A high level of clustered development where a minimum of 40 percent of the open space community is common open space;

3.

Inclusion of an integrated mixture of housing types;

4.

Provision of unique recreational facilities, more extensive landscaping than required, significant bicycle/pedestrian paths, or unique open space of recognizable benefit to the city; [and]

5.

Other similar elements as determined by the planning commission.

B.

Multiple family component. In an open space community with a gross area of 20 acres or more, up to 40 percent of the dwelling units may be other than single-family dwellings. Such units shall meet the following design standards.

1.

Front yard. The minimum building setback from an internal street shall be 20 feet from the public street right-of-way or private street easement. The planning commission may reduce the setback based upon a determination that off-street parking will be adequate, and that the modification will preserve primary or secondary conservation areas or that the rear yard buffer will be increased by one foot for each one foot of reduction in the front yard setback. In no instance shall the front yard setback be reduced below a minimum of 15 feet. Buildings that front on two streets must provide the required front yard setback from both streets.

2.

Rear yard. A 35-foot rear yard shall be maintained for all buildings. Where the rear of a building abuts the side or rear of another residential structure, the minimum spacing between the structures shall be the combined total of the two setback requirements.

3.

Side yards. A ten-foot setback shall be maintained to the side of all residential buildings. Where two buildings are located side-by-side, a 25-foot spacing shall be maintained between multiple-family units.

4.

Off-street parking lots. Off-street parking lots serving three or more dwelling units shall provide a ten-foot wide-open green space area around the perimeter of the parking lot.

5.

Variation. The building setback requirements may be varied provided they are specifically indicated on the open space community plan and the planning commission determines the variation does not negatively impact adjacent properties and provides a recognizable benefit. Building setback requirements on the perimeter of the development shall not be reduced below 35 feet.

C.

Commercial component. An open space community with a gross area of 40 acres or more may incorporate a neighborhood commercial land use component, provided that all of the following standards are met:

1.

The neighborhood commercial component shall be located on a lot of sufficient size to contain all commercial structures, parking, and landscape buffering. The total area occupied by the commercial land uses may not exceed five percent of the gross area of the open space community or two acres, whichever is less;

2.

Only those uses listed as principal permitted uses in the (transitional commercial district (TCD)) shall be allowed, and any commercial uses shall be compatible with the residential area to the satisfaction of the planning commission;

3.

Any commercial structure shall meet the architectural requirements of the TCD, and the planning commission shall determine that the architectural design of the structures is compatible with the balance of the development;

4.

All commercial structures shall be connected to a pedestrian access system servicing the project;

5.

Vehicular access shall be available only from an access drive to the open space community that connects directly with city or county street or a state highway;

6.

If a proposed project cannot provide direct access to a city or county street or a state highway, the planning commission may approve a neighborhood commercial land use component for an open space community project located on any paved thoroughfare, subject to:

a.

A conditional use hearing on the location of the use being held prior to consideration by the planning commission. The hearing shall be conducted according to the procedures stated in this ordinance; and

b.

The planning commission making the finding that the overall site layout, including the architectural design and the vehicular circulation pattern, is compatible with the surrounding land uses, and will not have a significant detrimental effect on the character of surrounding residential uses;

7.

All parking and loading areas serving the commercial uses shall be to the rear or side of the structure and fully screened from view of any public street, except that the planning commission may allow up to 25 percent of the minimum number of required parking spaces in the front yard. Where the parking lot is visible from residential units or open space, it shall be planted with a landscape buffer consisting of evergreen trees with a minimum height of six feet and spaced no more than ten feet on center; [and]

8.

No structure within the neighborhood commercial land use component of an open space community shall be occupied without a valid certificate of occupancy from the city.

a.

A request for a certificate of occupancy for a commercial structure within an open space community shall be reviewed by the planning director to insure compliance with this article.

b.

A certificate of occupancy may be approved only for uses identified in this article. Approval shall not be granted to a use that is inconsistent with the intent and/or requirements of this article.

c.

The initial certificate of occupancy for a commercial structure or portion of a commercial structure within the open space community shall not be approved until 50 percent of the physical improvements related to the residential components of the total open space community plan are complete, notwithstanding an approved schedule for project phasing.

d.

A certificate of occupancy may be revoked by action of the city if a use is conducted in a manner that does not comply with this article and/or any other requirements of this ordinance.

A.

General application requirements. The application for approval of an open space community shall be made according to procedures and guidelines adopted by the city for approval of either development plans, condominiums, platted subdivisions, or land divisions, as applicable. The required materials, as applicable, shall be submitted to the city along with all required fees. An open space community plan shall be submitted which depicts all required information and materials including, at a minimum, the following information:

1.

Topography based on United States Geological Service data, at ten-foot or five-meter intervals;

2.

Location of all primary and secondary conservation areas within and surrounding the proposed site;

3.

Location of rights-of-way and permanent easements (utilities, access, drainage); [and]

4.

Soil boundaries and descriptions based on soil conservation service maps.

B.

Effect of approval. Approval of an open space community proposal shall not require, nor shall it be construed as, an amendment to this ordinance. All improvements and uses of the site shall be in conformity with the approved open space community site plan and comply fully with any imposed conditions.

C.

Recording of action. The applicant shall record an affidavit with the Charlevoix County Register of Deeds containing the full legal description of the project site, specifying the date of final city approval, and declaring that all improvements will be carried out in accordance with the approved open space community plan unless an amendment is approved by the city. In addition, all deed restrictions and easements shall be duly filed with the register of deeds and copies of recorded documents presented to the city.

D.

Zoning permit. Following final approval of the open space community plan and final approval of the engineering plans by the city, a zoning permit may be obtained. It shall be the responsibility of the applicant to obtain all other applicable city, county, state or federal permits.

E.

Initiation of construction. If construction has not commenced within 24 months of final approval, all city approvals become null and void. The applicant may apply in writing to the planning commission for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.

F.

Continuing adherence to plan. Any property owner who fails to maintain an approved site design shall be deemed in violation of the use provisions of this ordinance and shall be subject to the penalties for same.

G.

Performance guarantee. The planning commission may require that a performance guarantee, in accordance with the terms and conditions of this ordinance, be deposited with the city to insure completion of improvements.

H.

Approval process. The request for an open space community shall follow the following procedures:

1.

Preliminary review of the concept by the planning commission;

2.

A public hearing conducted by and at the discretion of the planning commission; [and]

3.

Final review by the planning commission following the standards and procedures described in article XIX, development plan requirements, and the standards of this article, herein, and any applicable standards for land divisions, platted subdivisions, or condominium subdivisions.

A.

Scheduled phasing. When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the open space community and the residents of the surrounding area.

B.

Timing of phases. Each phase of the project shall be commenced within 24 months of the schedule set forth on the approved site plan. If construction of any phase is not commenced within the approved time period, approval of the plan shall become null and void, subject to the requirements of this article.

In considering any application for approval of a open space community site plan, the planning commission shall review and consider an open space community plan under the standards for development plan review in article XIX, and any applicable standards for condominiums, platted subdivisions, and land divisions, along with the following standards and requirements:

A.

Compliance with the open space intent. The overall design and land uses proposed in connection with an open space project shall be consistent with the stated intent of the open space community option, and with the specific standards set forth herein. The usefulness of open space intended for recreation, conservation or agricultural purposes shall be determined by the size, shape, topographic and location requirements of the particular purpose proposed for the parcel. The suitability of open space intended for scenic value purposes shall be determined by its visibility from a significant number of units or buildings.

B.

Compatibility with adjacent uses. Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view from public streets and to blend into the existing natural landscape. The proposed open space community plan shall be compatible with the character of the site and surrounding properties and set forth in detail all specifications with respect to setbacks, density, height, parking, circulation, landscaping, views and other design features that exhibit due regard for the relationship of the development to surrounding properties, the character of the site, and the land uses. In determining whether this requirement has been met, consideration shall be given to:

1.

The bulk, placement, and materials of construction of proposed structures;

2.

Pedestrian and vehicular circulation;

3.

The location and screening of vehicular use or parking areas, and dwelling units from neighboring property; [and]

4.

The provision of landscaping and other site amenities.

C.

Environmental and traffic impacts. The open space community shall be designed to accomplish the following objectives:

1.

Protect, preserve, and maintain primary and secondary conservation areas from clearing, grading, filling, or construction except as approved for essential services or recreation amenities;

2.

Create sufficient buffer areas to minimize conflicts between residential and agricultural or other open space uses;

3.

Maintain existing hedge rows and tree lines between fields or meadows, and minimize impacts on woodlands;

4.

Leave scenic views and vistas unblocked or uninterrupted, particularly as seen from public rights-of-way;

5.

Avoid siting new construction on prominent hilltops or ridges by taking advantage of lower topographic features;

6.

Protect wildlife habitat areas, especially for species listed as endangered, threatened or of special concern by the federal or state government;

7.

Incorporate sites of historic, archaeological or cultural value and their environs;

8.

Provide open space that is reasonably contiguous and whose configuration is in accordance with guidelines contained in the Design and Management Handbook for Preservation areas produced by the National Land Trust;

9.

Design individual lots, buildings, streets and open space areas to minimize the alteration of environmental site features;

10.

Minimize the impact of traffic generated by the proposed development on surrounding uses;

11.

Protect the rural character by establishing buffer zones along scenic corridors and improve public safety and vehicular carrying capacity by avoiding development that fronts directly upon existing streets;

12.

Landscape common areas, cul-de-sac islands, and both sides of new streets with native species of shade trees and flowering shrubs with high wildlife conservation value;

13.

Provide active recreation areas in suitable locations that offer convenient access by residents and adequate screening from nearby dwelling units; [and]

14.

Include a pedestrian circulation system designed to ensure that pedestrians can walk safely and easily throughout the site.

The planning commission may require an impact assessment for sites with significant natural features, or a traffic impact study for projects with more than 50 dwelling units.

D.

Compliance with applicable regulations. The proposed open space community shall comply with all applicable federal, state, county, and city regulations.

E.

Comprehensive plan. The proposed open space community shall be consistent with the residential development and environmental conservation goals, objectives, and policies, and shall further the implementation of, the city's comprehensive plan and any subsequent amendments thereto.

F.

Conditions. Reasonable conditions may be required with the approval of an open space community, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner, and further the implementation of the city's comprehensive plan.

Conditions imposed shall be: (a) designed to protect natural resources, and the public health, safety and welfare of individuals in the project, those immediately adjacent, and the community as a whole; (b) reasonable related to the purposes affected by the open space community; (c) necessary to meet the intent and purpose of this ordinance and implement the city's comprehensive plan; and (d) related to the objective of ensuring compliance with the standards of this ordinance. All conditions imposed shall be made a part of the record of the approved open space community.

A.

Minor changes.

1.

Minor changes to an approved open space community plan may be permitted by the planning commission following normal development plan review procedures outlined in this article for the following:

a.

Reductions in density;

b.

Changing non-single-family dwelling units to single-family dwelling units;

c.

Realignment of streets;

d.

Modifications to setbacks;

e.

Increasing the amount of open space;

f.

Changes to landscaping; provided the number of plantings is not decreased;

g.

Change in the size of detention ponds by no more than ten percent;

h.

Changes to a phasing plan; [and]

i.

Other minor changes similar to the above, as determined by the planning commission.

2.

Minor changes shall be subject to the finding of all of the following:

a.

Such changes will not adversely affect the initial basis for granting approval;

b.

Such changes will not adversely affect the overall open space community in light of the intent and purpose of such development as set forth in this article; and

c.

Such changes shall not result in the reduction of open space area as required herein.

B.

Major changes. Proposed changes to an approved plan for an open space community that do not qualify as minor under this section may only be revised by resubmitting a revised open space community site plan for approval following the procedures set forth this article.