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Sterling Heights City Zoning Code

ARTICLE 21

PCD PLANNED CENTER DISTRICT

SECTION 21.00. INTENT.

   The Planned Center District is intended to provide, through comprehensive planning, zoning and project review for the development of high intensity, multipurpose centers in planned locations which will serve as focal points within the total urban design of the city, while providing stability and longevity for the economic development of the City of Sterling Heights.
   The importance and impact of said centers require that their location be limited and that the plans for their development be given extensive review as to the effect on the total community.
   This district is designed as an optional form of development to encourage innovation and variety in the design and arrangement of highly concentrated, integrated and diversified functions within a given development area, while ensuring through a comprehensive development plan and review process, an integrated compatibility between its own elements and compatibility with adjacent forms of development.
   Due to the magnitude and arrangement of development in a planned center district, it is anticipated that division of the property may become necessary. In order to facilitate this division, compliance with the subdivision regulations of the City of Sterling Heights and the Subdivision Control Act of 1967, as amended, is encouraged at the preliminary planning stages.
   The development of a Planned Center District shall be permitted only upon property which was zoned O-3, C-2, M-1 or M-2 immediately preceding its reclassification to planned center district or upon property which can be so developed consistent with the goals and objectives of the Master Land Use Plan. Such development shall be permitted only upon terms acceptable to the city and the developer.
(Ord. No. 278-M, § 1, 6-21-94)

SECTION 21.01. GENERAL REQUIREMENTS.

   Planned Center District developments may be permitted only after extensive review is performed and public hearings on the development plan are held by the Planning Commission and the City Council in accordance with the procedure set forth herein and subject to the following conditions.
   A.   Basic land conditions.
      1.   The minimum site area shall be 100 acres.
      2.   The site area for computing all requirements shall consist of contiguous land under single ownership or control.
      3.   A Planned Center District development shall be permitted to be located only upon property which has a minimum of 500 feet of frontage on each of a minimum of two roads with an existing or proposed right-of-way of 120 feet or greater, as indicated on the Master Road Plan.
      4.   The proposed development(s) must be in basic accord with the intent of the Planned Center Development District.
   B.   Uses permitted.
      1.   All uses permitted as principal uses permitted, special land uses permitted subject to special conditions and Planning Commission approval and accessory uses permitted in the following districts, except as otherwise provided in this section: RM-1, RM-2 and RM-3, O-1, O-2 and O-3, C-2 and C-3. Rehabilitation centers, new and secondhand automobile, recreational vehicle, boat and mobile home dealers, rentals and leasing, mortuaries, equipment and tool rentals, fuel oil dealers, adult bookstores, adult video stores, adult motion picture theaters, cabarets, massage parlors, full and self service gasoline stations and self storage facilities shall be excluded.
      2.   In multiple family districts, only multiple family dwelling units of the uses permitted in said district, in combination with permitted uses as desired in the other named districts, shall be permitted.
      3.   All uses permitted as principal uses in the M-1 district shall be permitted, provided such use is identified and incorporated as part of the Comprehensive Development Plan on land which was zoned for M-1 or M-2 use immediately preceding its rezoning to Planned Center District.
      4.   Additional uses upon review by the Planning Commission and approval by the City Council after a determination that one or more of the following conditions exist:
         a.   That the use is related and reasonably necessary or convenient for the satisfactory and efficient operation of a complete and integrated planned center development;
         b.   That the use is similar in character to one or more of the above permitted uses.
      5.   Any uses which are permitted only as special land uses shall be permitted in the Planned Center District only after review and approval of the Planning Commission under Article 25 of this ordinance.
      6.   Freestanding buildings and uses, apart from major building complex or elements, may be permitted after review of the Planning Commission and approval by the City Council following the finding that the form and location of the subject freestanding building or buildings and the land uses contained therein are reasonably necessary for the proper functioning of the planned center development.
      7.   Once a planned center development is approved, any changes in the land use designated for particular areas of the PCD development upon which the approval was based must be submitted and reviewed by the Planning Commission and approved by the City Council.
      8.   In order to provide consistency and compatibility with the city Master Land Use Plan at least 55% of all land area (excluding public rights-of-way) contained in the planned center development shall be developed with primary uses, and upon completion of the development, at least 55% of the ground floor square footage of the development shall be developed with primary uses. For purposes of this section, PRIMARY USES shall mean uses permitted under the zoning classification of the property immediately prior to rezoning to the Planned Center District classification and uses compatible with existing developments surrounding the property.
(Ord. No. 278-M, § 1, 6-21-94; Ord. No. 278-NN, § 8, 1-6-09)

SECTION 21.02. LOCATION AND SITE STANDARDS.

   A.   Due to the magnitude of development permitted, both in scale and intensity, and the attendant impact upon vehicular circulation facilities and public utilities, the Planned Center District shall be considered only for those properties indicated on the Master Land Use Plan for intense development (i.e., industrial, high-rise office, planned business). Further, as the Planned Center District is intended to provide for an optional form of development, rezoning and/or development of a planned center development can only be carried out if the terms and nature of development are acceptable to both the city and the developer.
   B.   An owner or developer controlling a minimum of 100 acres, contemplating the development of a high intensity multi-purpose complex on property zoned PCD or within the area designated for intense development, may apply for rezoning to the Planned Center District on the basis of a development plan which conforms to the standards contained herein. This plan shall be presented as a part of the application for rezoning along with any other information or materials required hereunder.
(Ord. No. 278-M, § 1, 6-21-94)

SECTION 21.03. DEVELOPMENT STANDARDS.

   In order to achieve the intent of this district, the following shall serve as a guide and minimum standards for the development of plans.
   A.   Vertical relationship of uses.
      1.   Commercial uses (including hotels) may include at-grade, below-grade and above-grade parking and pedestrian areas. Further, restaurants and other similar uses may be permitted above office areas where such uses are compatible with, and reasonably necessary for, the proper functioning of the total planned center development.
      2.   Office uses may include at-grade, below-grade and above-grade parking and pedestrian areas. In addition, office uses may be located above or below commercial uses or any combination of the above uses.
      3.   Multiple family developments may include at-grade, below-grade and above-grade parking and pedestrian areas, commercial uses, office uses or a combination thereof; however, in no case shall multiple family dwelling units be permitted to be located below the above-described uses within a single vertical structure.
   B.   Horizontal relationship of uses.
      1.   Transitional use areas. There shall be required within the boundary of the proposed project, or upon immediately adjacent property under the developer’s control, development of transitional use areas whenever the proposed project abuts property planned to be developed for residential use. The Planning Commission shall review and make a recommendation to the City Council and the City Council shall determine transitional use areas in the proposed project in order to assure maximum compatibility with the existing and/or future development of abutting property.
      2.   Perimeter yards. All structures within the proposed project, excluding surface off-street parking, shall conform to the standards set forth in the O-3, Office Commercial Service District, in determining the required perimeter yards. For the purpose of this section, perimeter yards shall refer to those adjacent to the total project boundaries.
      3.   Internal building relationship. Multiple family dwelling units shall be set back from any adjacent structure a distance not less than that derived from the formula set forth in section 6.04(D) of this ordinance. Further, buildings containing residential elements in addition to other uses shall be positioned such that the angle of vision is not less than 45 degrees between any residential building face having exterior views and any adjacent building or building element of similar height.
      4.   Accessory uses. Except as otherwise provided, accessory uses within a planned center development building complex shall be included within the principal use structure or attached to such structure by means of a fully enclosed structural attachment.
   C.   Off-street parking.
      1.   The requirements for off-street parking shall conform to the schedule provided in Article 23 and shall be applied cumulatively for all uses within the project.
      2.   In recognition of the potential multi-purpose use of a portion of the off-street parking facilities, the Planning Commission may recommend to the City Council the sharing of up to 10% of the total required parking spaces when the Planning Commission determines that such sharing and consequent reduction in off-street parking will not impair the functioning of the planned center development or have an adverse effect on traffic circulation within or adjacent to the site.
      3.   The number of parking spaces required under section 23.02 for such use may be decreased by 10% of the total required parking, provided the Planning Commission and the City Council determine that such sharing and consequent reduction of off-street parking will not impair the functioning of the planned center development or have an adverse effect on traffic circulation within or adjacent to the site. In such case, the landscaping which is installed must be arranged such that parking may be installed in its place at a later date if such a demand arises. If the developer requests the option of landscaping in lieu of additional parking, parking must be installed at the request of the City of Sterling Heights in the event such a need arises. The landscaped area authorized by this provision shall be in addition to those required by other sections of this ordinance.
      4.   Provisions identified in subparagraphs 2 and 3 above are intended to provide greater flexibility in the design of parking areas. It is the intent of these provisions to assist in the elimination of large, open, uninterrupted parking areas. Developers are encouraged to vary parking area elevations from at-grade to below-grade and introduce landscape treatment into the parking area.
      5.   There shall be limited access from a planned center development to abutting major roads and all access to parking shall be from an internal collector roadway system.
   D.   Land use buffers and landscaping. The need for and type of screening required between the Planned Center District and adjoining zoning districts shall be determined by the city and developer as part of the development plan approval process. In addition, the following requirements shall apply:
      1.   Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city’s Master Road Plan, as specified in the following schedule:
         Distance from centerline:
         a.   Regional (204' R.O.W.): 177 feet.
         b.   Regional (150' R.O.W.): 150 feet.
         c.   Major: 135 feet.
         d.   Secondary: 93 feet.
         e.   Collector: 85 feet.
         f.   Local:
            Industrial 80 feet.
            All others 65 feet.
         g.   Cul-de-sac:
            Industrial 105 foot radius.
            All others 90 foot radius.
         h.   Freeway: 75 feet.*
         i.   Private roads: 75 feet.**
   *   Freeways shall be measured from the established right-of-way line.
   **   In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot. There shall be no setback requirement from private driveways.
   The required front yard shall be landscaped and maintained thereafter in a neat and orderly condition. If the existing right-of-way is greater than that shown on the Master Road Plan, the front yard setback (or street-side setback) as measured from the centerline of the right-of-way shall be equal to one-half of the actual right-of-way of the street plus 75 feet for major and regional roads, one-half of the actual right-of-way plus 50 feet for secondary, collector and industrial local roads and one-half of the actual right-of-way plus 35 feet for all other local roads. The landscaping shall contain berms and plantings in accordance with the requirements of section 24.02.
      2.   A minimum of 10% of the net site area (after excluding the paved portion of thoroughfares and preserved woodlands and wetlands) shall be developed and maintained as landscaped areas. The landscaping required under subparagraph 1, above, may be used to satisfy this requirement.
      3.   A Planned Center District development containing any residential uses shall provide an open space for such uses at a rate of no less than 450 square feet per dwelling unit. This open space area shall be in addition to any open spaces required by any other sections of this article. Such open space shall be fully accessible to all residents of the residential development. To assure the permanence of the open space and its continued maintenance, the developer shall provide a proposed open space agreement for review and approval by the City Attorney. The open space agreement must be in a form satisfactory to the city and shall include the following:
         a.   The proposed manner of holding title to the open space;
         b.   The proposed manner of payment of taxes;
         c.   The proposed method of regulating the use of open space;
         d.   The proposed method of maintenance of the open space and the means of paying for such maintenance;
         e.   Provision for maintenance of the open space by the city if it is not satisfactorily maintained and a method of cost recovery for such expenses;
         f.   Any other facts relating to the legal or practical problems of ownership and maintenance of the open space.
      4.   In order to provide an orderly transition of density, where the proposed Planned Center District project immediately abuts an R-100, R-90, R-80, R-70 or R-60 district (not including districts separated by a major thoroughfare), the city may require that the area immediately abutting and within 300 feet of any R-100, R-90, R-80, R-70 or R-60 district shall be developed with one family residential lots or shall be developed as open recreation space. In such case, an open space agreement satisfying the requirements of subparagraph 3 above shall be provided.
   E.   Major thoroughfares in Planned Center Districts.
      1.   Where a planned or proposed major thoroughfare, secondary thoroughfare or collector road is included partially or wholly within the project area of a Planned Center District development, the portion of such roadway shall be provided as a public right-of-way meeting the width standards as stated in the Master Road Plan for such right-of-way. The alignment of the roadway shall be in general conformance to the proposed alignment as shown on the Master Road Plan.
      2.   Direct access to major roadways shall be limited to locations specifically approved by the City Council after review and consideration by the Planning Commission.
(Ord. No. 278-M, § 1, 6-21-94; Ord. No. 278-NN, § 9, 1-6-09)

SECTION 21.04. REZONING SUBMISSION PROCEDURES AND CONDITIONS.

   A.   Procedure for application. Application for rezoning to the Planned Center District classification shall be made to the city. The applicant shall be required to submit the following material for review and recommendation by the Planning Commission:
      1.   A property survey of the exact acreage requested for rezoning, done by a registered land surveyor or civil engineer (Scale: 1" = 50');
      2.   A preliminary development plan of the entire area carried out in sufficient detail as to show the topography, land uses proposed, the densities and scale of development, the system of pedestrian and vehicular circulation, including off-street parking areas, and the relationship to adjacent properties and uses (Scale: 1" = 50');
      3.   A written statement containing the following supporting documentation:
         a.   The intent of nonresidential development, type and gross and net square feet (including the area designated to be developed with primary uses);
         b.   The number and type of residential units contemplated and calculations of the resultant population and school population by school type;
         c.   Calculation of the off-street parking required and provided for each element of the development;
         d.   Calculation of the landscaped open space area required and provided;
         e.   Additional information, including but not limited to soil, wetlands and woodlands surveys, market studies and intended scheduling of development.
   B.   Review by Planning Commission and City Council. The preliminary development plan and supporting information and request for PCD rezoning shall be reviewed by the Planning Commission and a recommendation shall be made to the City Council relative to the plan’s conformance to the intent of the Master Land Use Plan and the provisions of this article.
   C.   Public hearing. Where a request has been made to rezone property in order to develop a Planned Center District project, approval of the preliminary development plan shall be granted in conjunction with the rezoning approval only after a public hearing has been held by the Planning Commission and a recommendation made to the City Council.
   D.   Final development plan required. Approval of the preliminary development plan by the City Council shall not constitute approval of the final development plan but shall be deemed as approval of the land use proposal and shall serve as a guide in the preparation of the final development plan. No development shall occur until a final development plan of the planned center project site has been prepared by the developer which after review and comment is approved by the city in accordance with the procedures set forth in section 21.05. Approval under this section is based on the preliminary development plan submitted and the plan is, therefore, an integral part of the rezoning.
   E.   Duration of approval. Approval of the preliminary development plan by the City Council shall be effective for a period of five years. Extensions of this approval period may be granted by the City Council after review and recommendation by the Planning Commission.
   F.   Other possible developments. In presenting and considering rezoning and development proposals under this article, it is understood by the City Council and the petitioner that reasonable development could occur under the application of other zoning classifications to the subject property and, thus, the application of the Planned Center District classification is fully at the discretion of the City Council.
(Ord. No. 278-M, § 1, 6-21-94; Ord. No. 278-NN, § 10, 1-6-09)

SECTION 21.05. FINAL DEVELOPMENT PLAN AND APPROVAL PROCEDURES.

   A.   On parcels zoned Planned Center District or upon the rezoning of land to the Planned Center District by the City Council, the developer may submit a final development plan for consideration and approval by the City Council after review and recommendation by the Planning Commission, including the following:
      1.   The final development plan for the entire area under the Planned Center District classification shall be of sufficient detail to indicate specific land uses, general building locations, off-street parking areas, open spaces, greenbelts and the vehicular and pedestrian circulation system for the development in accordance with the requirements set forth in section 21.04,A,4;
      2.   A list of intended exterior building facade materials from which the buildings within the Planned Center District will be constructed;
         a.   Acceptable exterior building facade materials shall include but not be limited to:
            i.   Brick veneers;
            ii.   Architectural masonry units;
            iii.   Stone veneers and granite;
            iv.   Architectural pre-cast concrete panels.
      If colors and elevations for buildings to be constructed are available for particular buildings, they shall be submitted. Evaluation of the appearance of a project shall be based on the quality of its design, relationship to surroundings, sensitive integration of form, textures and colors with the particular landscape and setting. A building facade design must be considered in its entirety. The intent is to promote integration and mixture of materials where more than one material is used on a building. If only one material is used, architectural detailing and articulation, massing, texture and form must be introduced into the building’s facade design.
         b.   Unacceptable exterior building facade materials shall include but not be limited to:
            i.   Plywood or plywood base products;
            ii.   Corrugated or fluted metal siding;
            iii.   Vinyl or aluminum siding;
            iv.   Concrete utility block or other nonarchitectural masonry units;
            v.   Prefabricated aggregate building panels.
      3.   An overall landscape plan for the development, indicating intended landscaped areas. Details of specific plantings shall not be required at the final development plan stage;
      4.   Any restrictions or requirements intended to be imposed by the developer upon owners or tenants within the Planned Center District development to ensure that the development is completed as an integrated, aesthetically pleasing development;
      5.   The proposed densities of the development, to determine compliance with section 21.07 below;
      6.   A statement as to what impact the Planned Center District will have on existing resources and utilities and what actions the developer intends to take to alleviate any burdening of such resources.
   B.   Approval of the final development plan shall be effective for a period of three years. One year extensions may be granted by the City Council. Such approval shall not be granted until the following conditions are met:
      1.   Review and recommendation by the City Planning Commission for consistency with the City Master Development Plan, the previously approved planned center development plan and development in the area;
      2.   Provisions satisfactory to the City Council have been made to assure the financing and/or installation of all streets and necessary utilities related to the proposed development;
      3.   All dedications of public rights-of-way or planned public open spaces have been made or otherwise assured in a manner acceptable to the City Council;
      4.   The City Council determines that there exists a reasonably harmonious relationship between the general location of buildings on the site relative to buildings on lands in the surrounding area; that there is a reasonable architectural and functional compatibility between structures on the site and structures within the surrounding area to assure proper relationships between:
         a.   The topography of the adjoining lands as well as that of the site itself, including any significant natural or manmade features;
         b.   The relationship of the general locations of buildings within the planned center district development to those developed on adjacent land (i.e., entrances, service areas and mechanical appurtenances);
         c.   The rooftops of buildings that may lie below street levels or from the windows of higher buildings located upon adjacent property;
         d.   Landscape plantings, off-street parking areas and service drives on adjacent lands;
         e.   Compliance with street, road and public utility layouts approved for the area;
         f.   The architecture of the proposed building(s), including overall design and facade materials used. Architectural design and facade materials for proposed buildings are to be complimentary with buildings located in the surrounding area. It is not intended that contrasts in architectural design and use of facade materials are to be discouraged, but care shall be taken so that any such contrasts will not be so out of character with existing building designs and facade area within the surrounding areas so as to create an adverse effect on the stability and value of the surrounding properties. If the architectural design and elevations for particular proposed buildings are available, they shall be submitted.
   C.   Upon final approval by the City Council of the final development plan for any proposed planned center project, the final development plan and other documentation shall be kept on file by the City Clerk. All construction and development must be done in accordance with the final development plan, unless it is amended by the developer and the City Council.
   D.   When the Planned Center District project is to be developed in stages, an overall development plan shall be submitted to aid in consideration of the more detailed site plan for that area within which construction is to proceed. Each subsequent submittal shall include an overall development plan that reflects the construction activity that has occurred and that portion that remains conceptual. Adequate yard areas shall be reserved where the subject development phase abuts land proposed for future phases of the development.
      1.   There shall be a reasonably harmonious relationship between the location of individual buildings on the site to others within the site and the surrounding area and architectural and functional capability between structures within the site and structures within the surrounding area to assure proper relationships between:
         a.   The topography of the adjoining lands as well as that of the site itself, including any significant natural or manmade features;
         b.   The relationship of one building to another, whether on site or on adjacent land (i.e., entrances, service areas and mechanical appurtenances);
         c.   The rooftops of buildings that may lie below the street levels or from the windows of higher adjacent buildings;
         d.   Landscape plantings, off-street parking areas and service drives on adjacent lands;
         e.   Compliance with street, road and public utility layouts approved for the development;
         f.   The architecture of the proposed building(s) upon the site, including overall design and facade materials used. Architectural design and facade materials are to be complimentary with existing or proposed buildings within the site and upon adjacent properties. It is not intended that contrast in architectural design and use of facade materials are to be discouraged, but care should be taken so that any such contrast will not be so out of character with existing building designs and facade materials both on and off the site so as to create an adverse effect on the stability and value of other properties within the site or on adjacent properties. The City Planner may require changes to the site plans if the proposed buildings do not meet these requirements.
   E.   In order to ensure that development within this district will occur in accordance with this ordinance, no final development plan for the Planned Center District project, or any portion thereof, may be approved which allows those uses designated as secondary to exceed the primary uses, either existing or proposed to exist upon completion of that phase, in size, scale or magnitude.
(Ord. No. 278-M, § 1, 6-21-94; Ord. No. 278-NN, § 11, 1-6-09)

SECTION 21.06. DENSITY AND INTENSITY CONTROL.

   Those provisions of a proposed development plan presented under this article which contemplate residential development shall conform to the following in establishing the permitted density:
   A.   Low rise residential development which may be required by the Planning Commission and City Council as transition to residential lands abutting the subject property shall conform to the density standards of the related conventional zoning districts;
   B.   High rise residential development proposed as an integral part of the development plan for a Planned Center District project shall be subject to the development standards of the RM-3 district. The land area used in the computation of density shall be no more than 20% of the net nonresidential project area.
   Residential building elements of a height greater than that permitted by the RM-1 and RM-2 districts may be permitted after review by the Planning Commission and approval by the City Council following a finding that the form and location of the subject building elements are proper and reasonable in conjunction with the form of the total planned center project and compatible with development in the adjacent area. Such a potential increase in permitted structure heights shall include no attendant increase in dwelling unit density over that permitted if developed in compliance with all conventional regulations.
   On those sites indicated by the Master Land Use Plan for high rise nonresidential development, the development of any element of a development proposed for high density residential use shall be subject to the development standards of the RM-3 district.
(Ord. No. 278-M, § 1, 6-21-94)

SECTION 21.07. SITE PLAN APPROVAL.

   Upon approval by the City Council of the final development plan, Planned Center District projects shall comply with the site plan review procedures and requirements of Article 26, in addition to any requirements contained herein.
   A.   Area and bulk requirements. Except as otherwise provided herein, all uses within the Planned Center District shall comply with the area, bulk, height and replacement of building requirements of the use district in which the proposed use is first permitted as a principal use. Requests for variances to the area and bulk requirements shall be considered by the Zoning Board of Appeals. There shall be no variances to any requirements of the Planned Center District, except as to the area and bulk requirements.
   B.   Structure and site requirements.
      1.   Each building constructed within the Planned Center District shall be constructed of aesthetically pleasing brick and/or stone building materials or other similar durable building materials which were approved as part of the final development plan and approved by the Office of Planning, subject to the review procedures set forth in this article and in section 26.01, paragraph H. The Office of Planning shall not disapprove building materials which were approved as part of the final development plan unless they are not compatible with existing buildings or proposed buildings for which approval has already been granted. Evaluation of the appearance of a project shall be based on the quality of its design, relationship to surroundings, sensitive integration of form, textures and colors with the particular landscape and setting. A building façade design must be considered in its entirety. The intent is to promote integration and mixture of materials where more than one material is used on a building. If only one material is used, architectural detailing and articulation, massing, texture and form must be introduced into the building's façade design.
      2.   Portions of the site not used for parking, driveways and buildings or plazas shall be provided with landscaping approved by the Office of Planning in accordance with section 24.02;
      3.   Roof-mounted appliances and fixtures shall be effectively screened on all sides by the roof line so as not to be visible from off the site (section 24.04);
      4.   Loading shall be provided only in rear yards. Side yard loading may be permitted by the Office of Planning when such space and loading facilities do not interfere with parking and circulation, either vehicular or pedestrian.
(Ord. No. 278-M, § 1, 6-21-94; Ord. No. 278-NN, § 34, 1-6-09; Ord. No. 278-OO, § 12, 8-5-09)