A.   Intent. The intent of these requirements is to ensure that all condominium subdivisions are developed in compliance with accepted planning and engineering standards applicable to similar forms of development as reflected in the ordinances and requirements of the City of Sterling Heights. Single family detached condominiums may be allowed as a permitted use in the one family residential zoning districts.

   B.   Submission requirements. All condominium subdivision plans shall be submitted for site plan review as required by section 26.02 of this ordinance and section 66 of the State of Michigan Condominium Act (Public Act 59 of 1978) and include the following additional information:

      1.   A survey of the condominium subdivision site;

      2.   A plan delineating all natural features on the site, including but not limited to ponds, streams, lakes, drains, floodplains, wetlands and woodland areas;

      3.   The location size, shape, area and width of all condominium units and common areas and the location of all proposed streets;

      4.   A copy of the master deed and all restrictive covenants to be applied to any residential detached site condominium project shall be furnished to the city for review prior to the granting of final site plan approval;

      5.   A utility plan showing a sanitary sewer, water and storm drainage improvements, plus all easements granted to the city for installation, repair and maintenance of all utilities;

      6.   A street construction, paving and maintenance plan for all streets within the proposed condominium subdivision plan;

      7.   A storm drainage and stormwater management plan, including all line, swales, drains, basins and other facilities.

   C.   Review. Pursuant to authority conferred by section 141 of the Condominium Act, Public Act 59 of 1978, as amended, all condominium subdivision plans shall require approval by the Planning Department before units may be sold or site improvement initiated. The review process shall consist of the following two steps.

      1.   Preliminary plan review. In the preliminary review phase, the Planning Department shall review the overall plan for the site, including basic road and unit configurations and the consistency of the plans with all applicable provisions of this zoning ordinance. Plans submitted for preliminary review shall include information specified in items (1) through (3) of the submission requirements.

      2.   Final plan review. Upon receipt of preliminary plan approval, the applicant should prepare the appropriate engineering plans and apply for final review by the Planning Department. Final plans shall include information as required by items (1) through (7) of section 22.00(B). Such plans shall be reviewed by the City Attorney and the City Engineering Department. Further, such plans shall be submitted for review and comment to all applicable local, county and state agencies as may be appropriate. Final approval shall not be granted until such time as all applicable review agencies have had an opportunity to comment on said plans.

   D.   District requirements. The development of all condominium subdivisions shall observe the applicable yard setback and minimum floor area requirements of the district within which the project is located. The dwelling unit density of the project shall be no greater and spacing no less than would be permitted if the parcel were subdivided for that specific zoning district, pursuant to the Subdivision Control Act, Public Act 288 of 1967, as amended.

   E.   Design standards. All development in a site condominium subdivision shall conform to the engineering and planning design standards of the subdivision ordinance. All streets shall be constructed in accordance with applicable city codes, ordinances and engineering standards. Public street connections shall be required, where necessary, to provide continuity to the public road system.

   F.   Utility easements. The condominium subdivision plan shall include all necessary public utility easements granted to the City of Sterling Heights to enable the installation, repair and maintenance of all necessary public utilities to be installed. Appropriate dedications for sanitary sewers, lines and storm drainage improvements shall be provided.

   G.   Final acceptance. The city shall also require all the appropriate inspections. After construction of the condominium subdivision, an as-built reproducible mylar of the completed site is to be submitted to the city for review by the Engineering Department. A final certificate of occupancy and any building bonds will not be released to the developer/owner until said as-built mylar has been reviewed and accepted by the city.

(Ord. No. 278-I, § 1, 2-5-91; Ord. No. 278-Y, § 28, 5-16-00; Ord. No. 278-NN, § 12, 1-6-09)

   A.   A one family cluster development shall be permitted at the developer's option, provided that the Planning Commission determines after review of documentation submitted in compliance with paragraph E and after a public hearing, that the parcel meets the qualification requirements of paragraph B, and that the proposed one family cluster development meets the site design requirements of paragraph C. The overall density permitted under this option remains substantially the same as is permitted in a conventional subdivision development (see section 22.01 D, permitted densities).

   B.   Qualification of parcel. In order to qualify a parcel for development under this section, the Planning Commission shall determine that the parcel has at least one of the following characteristics identified in paragraphs one through six, supported by documented evidence as required below, prepared by a registered architect, professional community planner, landscape architect, engineer or similar professional in environmental design:

      1.   The parcel contains natural assets which would be preserved through the use of cluster development. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands and bodies of water (i.e., streams, rivers, or other natural assets) which should be preserved. Requests for qualification under these conditions must be supported by documented evidence;

      2.   The parcel contains substantial portions of floodplain and wetlands worthy of preserving. A floodplain and wetlands map, certifiable by the appropriate federal, state or county agency, indicating the extent of the wetlands and floodplain area, shall be submitted to the Planning Commission in order to support the proposal for the parcel’s qualification for cluster development;

      3.   The parcel is either too small or unusually shaped to be reasonably platted as a conventional subdivision development. This characteristic shall not be considered present if there is adjoining property that can be reasonably combined with the parcel to enable development of a conventional subdivision;

      4.   A parcel fronting on a major or secondary thoroughfare (as designated on the Master Road Plan) of no more than 360 feet of depth measured from the front lot line abutting such thoroughfare, which, if platted as a conventional subdivision, would result in a substantial portion of the lots abutting such thoroughfare;

      5.   The adjoining or adjacent land uses warrant a creative development alternative to facilitate a smooth transition between conventional single family residential areas and uses which are or are likely to be incompatible;

      6.   A substantial portion of the parcel is characterized by poor soil conditions resulting from landfill activities. A detailed map of the parcel identifying that area where poor soil conditions exist shall be presented along with soil borings documenting the same;

      7.   In the absence of any of the above criteria, a parcel may be considered for qualification under this option if it expands or integrates existing common areas from adjoining developments of a similar nature, creates amenities in the form of woodlands, lakes, open spaces and common recreational areas and facilities or creates some other unique feature which will enhance the lifestyle and single family character of the area;

      6.   A request for the one family cluster option shall not be approved when:

         a.   The request would be contrary to the purpose of the option, which is to create better residential developments for the community by preserving open space, wetlands, woodlands and other natural assets and compatible use patterns;

         b.   The proposal would be contrary to the health, safety and general welfare of the developed and established residential areas in the immediate vicinity;

         c.   The proposal does not provide the privacy and character of single family living; or

         d.   The request does not provide for a sound physical development.

   C.   Site design requirements. All cluster developments shall conform to the following restrictions.

      1.   Within the cluster development, a minimum of 20% of the total parcel shall be in preservation areas. Road rights-of-way, bodies of water, utility easements, regulated wetlands, floodways, required yard areas and limited common areas not available for use by all of the residents within the development, while included in the total parcel area, shall be excluded from the preservation area calculations.

      2.   On parcels which contain wetlands, floodplains and/or landfill areas, the following shall apply:

         a.   When the wetland, floodplain and/or landfill area does not comprise 50% of the parcel, 25% of this land will be included in acreage for computation of density;

         b.   When the wetland, floodplain and/or landfill comprises 50% or more of the parcel, a 25% density increase will be permitted on land other than wetland, floodplain and/or landfill;

         c.   No density credit will be allowed for any bodies of water on the parcel, even if the entire shoreline is within the parcel to be developed; however, an area to be improved into a lake or pond, when approved by the city, shall not be excluded from the 25% density credit.

      3.   Buildings within a cluster development shall maintain the following minimum setbacks from a shoreline:

 

 

      4.   The placement of housing units and other improvements shall be designed in such a way as to preserve wooded areas contained on the site. A tree preservation plan is required to be submitted to confirm the location of all wooded areas to be preserved.

      5.   There shall be no dwelling units or development other than streets, utility pathways, parking and recreation areas allowed within a defined floodplain.

      6.   There shall be no development or modification of any kind within a designated wetlands or floodplain area without there first being issued a use permit by the Department of Natural Resources (DNR) and/or the Zoning Board of Appeals, as required. However, a DNR permit does not guarantee approval by the city. Developers are encouraged to include the Local Planning Department in the negotiation process with the DNR.

      7.   In order to provide an orderly transition where the project proposed for use as a cluster development abuts a one family residential district, the abutting one family district shall be effectively buffered by providing one of the following forms of transition within the cluster development as determined to be appropriate by the Planning Department:

         a.   Detached single family dwellings subject to the standards of the applicable standards of section 28.08;

         b.   Natural stand of trees;

         c.   Effective landscape buffering (as specified in section 24.01).

      8.   Attaching of single family dwelling units may be permitted when said dwelling units are attached by means of an approved architectural wall detail or through a common wall in only the garage portion of adjoining structures. The maximum number of units which may be attached in the above described manner shall be four. Variety in the design of individual units shall be provided by the use of design details which do not appear to be continuous or repetitious, such as private entranceways or private outdoor courtyards. A building pattern which is repetitious throughout a project should not be used.

      9.   Utilization of cluster housing provides greater flexibility in grouping dwelling units and achieving more optimum development of problem site areas. However, it is also necessary to provide some variation between dwelling units and provide some visual and functional open space adjacent to each of the dwelling units. It is, therefore, required that each dwelling unit shall:

         a.   Have no more than 75% of the length of any exterior wall of a living unit in common with a garage or any portion of an adjacent dwelling unit;

         b.   Not have common walls with a garage or any portion of an adjacent dwelling unit on more than two exterior walls of any one dwelling unit;

         c.   Provide at least a six foot variation in building setback between two adjoining dwellings along any common building facade. This variation in setback may be provided between a dwelling unit and its attached garage when the attachment of dwellings occurs through the attachment of garages sharing a common facade line or through a variation in setback of attached garages;

         d.   For detached units, a variety of elevations with different architectural details shall be provided in order to ensure that the development is visually pleasing.

      10.   Except as provided herein, the area, height and bulk requirements of the applicable residential zoning district shall apply.

      11.   Yard requirements shall be provided as follows:

         a.   Minimum spacing between ends of buildings shall be determined by the number of living units that are arranged in any building group, as shown in the following table:

 

 

         b.   Between ends of two buildings having a different number of attached living units, the minimum distance (feet) will be as follows:

   Between a:

 

 

         c.   All buildings shall be set back the following minimum distances from the centerline:

 

         d.   All parking areas shall be set back a minimum of 35 feet from adjoining single family residential. In addition to the parking area required for each cluster unit under section 23.02, separate off-street hard surfaced parking areas shall be established evenly throughout the development to facilitate vehicular traffic circulation where private streets of less than 28 feet in width are used. There shall be at least one-half additional parking space provided for each cluster unit.

      12.   Cluster housing is designed to appeal principally to smaller households (e.g., childless couples, single adults and retirees). This market group wants housing which provides for both the basic needs and amenities found in conventional single family developments but without such owner and maintenance responsibilities associated with it or the larger unit size requirements of low density zoned properties.

   Each dwelling unit constructed in the one family cluster development shall have as a minimum, a two car attached garage, full basement, two bedrooms, two full bathrooms and adjoining open space for patio or deck. No less than 75% of the exterior of the first story (excluding doors and windows) of all buildings, including all chimneys, hereafter erected shall be constructed of brick or stone building materials.

   The minimum floor area per dwelling unit requirements may be adjusted in accordance with the following schedule:

 

 

      13.   At least two deciduous or evergreen trees per dwelling unit (at least a two and one-half inch caliper measured one foot above the ground for deciduous trees and five feet in height for evergreen trees) shall be planted in the project area, in addition to existing vegetation. Location of such trees, as well as existing trees, shall be indicated on the site plan in accordance with the environmental provisions.

      14.   An undulating landscaped berm, at least five feet high, meeting the requirements of section 24.01(B)(2), or equivalent natural buffer, shall be provided along the entire property abutting a major or secondary thoroughfare. Slopes of said berm shall be gentle enough so as not to erode when planted with grass; berm locations shall be designed so that the view of oncoming traffic is not obscured at the intersection, as per the requirements of section 28.03. The Engineering Department shall review the proposed berm to determine that adequate drainage is provided.

      15.   A detailed landscape plan shall be submitted prior to final site plan approval.

      16.   Sidewalks are required to be installed along all major, secondary and collector roads. The developer shall have the option of installing sidewalks adjacent to local streets, or in lieu thereof may install a pedestrian circulation system within the common areas to the rear of the unit. The developer must obtain approval from the city of the pedestrian circulation system or the plan showing the location of the sidewalks to be installed as part of the site plan approval. If the developer elects to install sidewalks adjacent to any local street, the garage, driveway approach and sidewalks shall be designed and constructed so that vehicles parking on the driveway of the unit will not obstruct pedestrian circulation on the sidewalk.

      17.   The applicant shall provide satisfactory assurance that the amenities and those areas shown on the plan for use by the public or occupants of the development will be, or have been, irrevocably committed for that purpose. The city may require that conveyances or other documents be placed in escrow to accomplish this purpose and that a performance guarantee, as prescribed in section 29.04, be provided.

      18.   Fencing shall not be permitted on the interior of the development, except as approved by the Planning Department in accordance with the following:

         a.   All fencing shall be uniform in character and design;

         b.   All fencing shall be in scale with the development.

      19.   The developer shall deposit with the City Clerk a cash deposit, certified check or irrevocable letter of credit acceptable to the city covering the estimated cost of common area improvements associated with the project (as verified by the city) for which special land use approval is sought. The performance guarantees shall be deposited at the time of the issuance of the permit authorizing the activity or project. As improvements have been completed, the city shall release a proportionate share of any cash deposits made on the required improvements as the work has progressed.

      20.   All yard improvements to the project area shall be in conformance with the site improvements identified and accepted as part of the approved site plan.

      21.   Open space requirements shall be provided as follows:

         a.   All areas which are reserved for open space, including active recreation areas and those left in a natural state (such as stands of trees and woodlands, wetlands and similar assets) shall be designed and laid out in such a manner so that the benefits may accrue directly to the residents of the development;

         b.   Access to the open space areas shall be provided by streets or pedestrian accessways for those units comprising the development that to not directly abut the common area;

         c.   No active recreation areas shall be located at or along the outer perimeter of the development unless such areas can be connected to similar recreation areas in an adjacent residential development. Open space areas designed for passive recreational use or are retained as natural areas may extend to or along the outer perimeter of the development;

         d.   The common area shall be designed and laid out in such a manner that all land reserved for common use shall maintain proper drainage. The entire common area may, however, be located in a floodplain;

         e.   In reviewing the common areas of the concept plan, the following shall govern:

            (1)   The location, size and overall shape of the proposed common area shall be suitable for the purpose for which it is intended;

            (2)   Those portions of the total common area intended for active recreational purposes shall be of adequate size and shape to permit active recreational use. The active recreation area shall not be established within any woodland, wetland or other natural area that was used to satisfy the qualification criteria under section 22.01 or within any other woodland, wetland or natural area designated by the city to be preserved;

            (3)   The location, size and shape of the proposed access points, open spaces, recreational areas and proposed accessory structures shall be clearly designated on the plan along with general use patterns and the pedestrian circulation plan to determine that the open space is reasonably located in relation to the units in the development.

      22.   All streets within the development shall be constructed in accordance with the city engineering standards and all other applicable codes, ordinances and regulations.

   D.   Permitted densities. In all parcels which have been qualified for cluster development, a total unit count, up to but not exceeding the following limits, may be permitted, the following density per acre is consistent with conventional platted development and offers no density bonus.

 

 

   *   Density computation includes all roads but excludes that land ineligible for computation under section 22.01(C) (site design requirements). Within any area of the site developed for housing, development shall not exceed eight units per acre.

   E.   Submittal procedures. Two distinct steps are required to develop a parcel of land under the one family cluster option: qualification of parcel and site plan approval.

      1.   Qualification of parcel.

         a.   All applications for qualification of a parcel for one family cluster development shall include the petitioner’s name, address and interest in the property (which supporting documentation of the interest in the property), as well as the name, address and interest of each person having a legal or equitable interest in the property covered by this application. In addition, the petitioner shall include documentation substantiating one or more of the characteristics outlined in paragraph B, qualification of parcel, section 22.01 and shall provide the most recent available (not older than six years) aerial photograph depicting the entire site and provide a concept plan (drawn to scale) showing how the petitioner intends to develop the site. The concept plan shall include the following:

            (1)   Outline of the property showing the relationship of abutting properties and/or structures;

            (2)   Placement and basic configuration of buildings;

            (3)   Circulation pattern;

            (4)   Preservation/open space areas;

            (5)   Density calculations and number of units proposed;

            (6)   Buffering/screening techniques to be used.

         This concept plan shall become the basis for the site plan approval process. Substantial departures from the concept plan shall not be approved.

         b.   Upon receipt of the completed application, the request shall be given to the Planning Commission for scheduling of a public hearing. The Planning Commission shall not act on the request until notice by mail or personal delivery has been sent to the owner of each property for which qualification is being considered and to all persons to whom real property is assessed within 300 feet of the boundaries of the property in question. Said notice shall include the time and place of the public hearing and shall be sent not less than five days before the scheduled public hearing. In addition, not less than 15 days notice of the time and place of such public hearing shall be published in the official newspaper of the city.

         c.   The Planning Commission shall approve or deny the application based upon the criteria set forth in this section. The Planning Commission must be satisfied with the concept plan submitted in order for the parcel to qualify for development under the one family cluster option. The Planning Commission may impose reasonable conditions upon any approval to ensure that the spirit and intent of this section is upheld. The Planning Commission shall not, however, be required to approve a request even though it satisfies one or more of the criteria outlined in this section if the request does not fulfill the spirit and intent of this development option.

         d.   Approval of the concept plan by the Planning Commission shall not constitute final site plan approval by the Planning Department but shall be deemed approval of qualification of the site. Approval of the concept plan shall serve as a guide in the preparation and review of the final site plan.

         e.   Approval of the qualification of the parcel shall remain valid for a period of one year from the date of approval, during which time application for site plan approval must be filed. Extensions of this approval may be granted by the Planning Commission after review.

      2.   Site plan approval:

         a.   Site plans shall provide the following:

            (1)   Structural outline (building envelope) of all structures proposed on the site;

            (2)   Architectural renderings of building facade elevations, typical floor plans and topography shall be drawn at a two foot contour interval. Elevation drawing shall be drawn to scale and need only be a sample of development throughout the site. Where more than one type of structure or design is intended, the sample elevation and corresponding floor plans of each type shall be submitted;

            (3)   A plan identifying the areas to be dedicated as open space and recreational use showing access, location and any improvements. 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 property and the financing thereof;

               (e)   Any other facts relating to the legal or practical problems of ownership and maintenance of the open space;

            (4)   The location of access drives, streets, off-street parking areas, sidewalks and the like;

            (5)   A landscape plan showing location, extent and type of plantings, screening and the like in accordance with the environmental provisions of Article 24.

         b.   Approval of a site plan under this section shall be effective for a period of one year from date of approval. If development is not started in this period, the site plan approval shall expire unless an extension is requested, in writing, by the applicant and approved by the city. Any change that represents a significant change from the concept plan approved by the Planning Commission shall be resubmitted to the Planning Commission for review and approval.

(Ord. No. 278-H, § 1, 12-18-90; Ord. No. 278-I, §§ 2-11, 2-5-91; Ord. No. 278-N, §§ 14-18; Ord. No. 278-R, § 10, 8-20-96; Ord. No. 278-X, §§ 7, 8, 4-6-99; Ord. No. 278-Y, §§ 29, 30, 5-16-00; Ord. No. 278-CC, §§ 7, 8, 9, 6-3-03; Ord. No. 278-NN, § 34, 1-6-09)

   A.   Intent. The intent of this section is to permit single family residential development which, through design innovation, will encourage creative development alternatives which will benefit the total community by preserving desirable open space in the form of wetlands, woodlands and other natural assets, in conjunction with the development of detached single family residential dwellings and provide additional detached unit design alternatives to conventional subdivision development for unusual sites. The planned subdivision option shall be at the discretion of the city after review and recommendation by the Planning Commission and approval by the City Council.

      1.   This option may be utilized by modification of the R-80, R-90 and R-100 single family residential, district standards outlined in this article, subject to the conditions herein imposed. The overall density permitted in these single family residential districts remains substantially the same as is permitted in a conventional subdivision development.

      2.   Planned subdivision developments may be permitted only after a public hearing on qualification has been held by the Planning Commission, a recommendation has been made to the City Council by the Planning Commission and the City Council has approved the request in accordance with the criteria set forth herein.

   B.   Qualification of parcel. In order to qualify a parcel for development under this section, the Planning Commission shall determine that the parcel has at least one of the following characteristics, supported by documented evidence as required below, prepared by a registered architect, professional community planner, landscape architect, engineer or similar professional in environmental design:

      1.   The parcel contains natural assets which would be preserved through the use of the planned subdivision option. Such assets may include natural stands of large trees, land which serves as a natural habitat for wildlife, wetlands and bodies of water (i.e., streams, rivers or other natural assets) which should be preserved. Requests for qualification under these conditions must be supported by documented evidence;

      2.   The parcel contains substantial portions of floodplain and wetlands worthy of preserving. A floodplain and wetlands map, certifiable by the appropriate federal, state or county agency, indicating the extent of the wetlands and floodplain area, shall be submitted to the Planning Commission in order to support the proposal for the parcel’s qualification for use of the planned subdivision option;

      3.   The parcel is either too small or unusually shaped to be reasonably platted as a conventional subdivision development. This characteristic shall not be considered present if there are adjoining properties that can be reasonably combined with the parcel to enable conventional development to occur;

      4.   Where the adjoining or adjacent zoning or land uses warrant a creative development alternative to facilitate a smooth transition between uses;

      5.   In the absence of any of the above criteria, a parcel may be considered for qualification under this option if it creates amenities in the form of woodlands, lakes, open spaces and common recreational areas and facilities expands or integrates existing common areas from adjoining developments of a similar nature or creates some other unique feature which will enhance the lifestyle and single family character of the area;

      6.   A request for the planned subdivision option shall not be approved if:

         a.   The request would be contrary to the purpose of the option, which is to create better residential developments for the community by preserving open space, wetlands, woodlands and other natural assets and compatible use patterns;

         b.   The proposal would be contrary to the health, safety and general welfare of the developed and established residential areas in the immediate vicinity;

         c.   The proposal does not provide the privacy and character of single family living;

         d.   The request does not provide for a sound physical development.

   C.   Subdivision design requirements. All planned subdivision option developments shall conform to the following restrictions:

      1.   Within the planned subdivision, a minimum of 20% of the total parcel shall be in preservation areas. Road rights-of-way, bodies of water, utility easements, regulated wetlands, floodways, required yard areas and limited common areas not available for use by all of the residents within the development, while included in the total parcel area, shall be excluded from the preservation area calculations;

      2.   On parcels which contain wetlands or floodplains, or both, the following shall apply:

         a.   When the wetland or floodplain, or both, does not comprise 50% of the parcel, 25% of this land will be included in acreage for computation of density;

         b.   When the wetland or floodplain, or both, comprise 50% or more of the parcel, a 25% density increase will be permitted on land other than wetland or floodplain;

         c.   No density credit will be allowed for any bodies of water on the parcel, even if the entire shoreline is within the parcel to be developed; however, an area to be improved into a lake or pond, when approved by the city, shall not be excluded from the 25% density credit.

      3.   Design standards:

         a.   The minimum lot and area requirements permitted under this option shall be as follows:

 

 

         b.   Side yard areas shall be in accordance with the following schedule, provided the requirements set forth herein are satisfied:

 

 

         c.   Where side entry garages are provided, the side yard requirements for the R-90 and R-100 districts shall be:

 

 

   However, in no case shall the distance between the side lot line and the front entrance of the side entry garage be less than 22 feet.

         d.   The placement of housing units and other improvements shall be designed in such a way as to preserve wooded areas contained on the site. A tree preservation plan is required to be submitted to confirm the location of all wooded areas to be preserved.

         e.   There shall be no dwelling units or development other than street, utilities, pathways, parking and recreation areas allowed within a defined floodplain and shall be subject to approval by the Zoning Board of Appeals, as required.

         f.   There shall be no development or modification of any kind within a designated wetland or floodplain area without there first being issued a wetlands use permit by the Department of Natural Resources (DNR) and/or the Zoning Board of Appeals, as required. However, a DNR permit does not guarantee approval by the city. Developers are encouraged to include the local planning staff in the negotiation process with the DNR.

         g.   At least two deciduous or evergreen trees per lot (at least a two and one-half inch caliper measured one foot above the ground for deciduous trees and five feet in height for evergreen trees) shall be planted in the front yard of each lot, in addition to existing vegetation. The trees shall be planted by the builder prior to issuance of a certificate of occupancy. All trees shall meet the requirements of section 24.02.

      4.   Open space requirements:

         a.   All areas which are reserved for open space, including active recreation areas and those left in a natural state (such as stands of trees and woodlands, wetlands and similar assets) shall be designed and laid out in such a manner so that the benefits may accrue directly to the residents of the development;

         b.   Access to the open space areas shall be provided by streets or pedestrian accessways for those units comprising the development that do not directly abut the common area;

         c.   No active recreation areas shall be located at or along the outer perimeter of the development, unless such areas can be connected to similar recreation areas in an adjacent residential development. Open space areas designed for passive recreational use or are retained as natural areas may extend to or along the outer perimeter of the development;

         d.   The common area shall be designed and laid out in such a manner that all land reserved for common use shall maintain proper drainage. The entire common area may, however, be located in a floodplain;

         e.   In reviewing the common areas of the plan, the following shall govern:

            (1)   The location, size and overall shape of the proposed common area shall be suitable for the purpose for which it is intended;

            (2)   Those portions of the total common area intended for active recreational purposes shall be of adequate size and shape to permit active recreational use. The active recreation area shall not be established within any woodland, wetland or other natural area that was used to satisfy the qualification criteria under section 22.02 or within any other woodland, wetland or natural area designated by the city to be preserved;

            (3)   The location, size and shape of proposed access points, open spaces, recreational areas and proposed accessory structures are clearly shown on the plan and identified and shall be clearly designated on the plan along with general use patterns and the pedestrian circulation plan to determine that the open space is reasonably located in relation to the units in the development.

         f.   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.

   D.   Permitted densities. In all parcels which have been qualified for development under the planned subdivision option, a total lot count up to, but not exceeding, the following limits, may be permitted by the Planning Commission. The following density factors are consistent with conventional platted development and offer no density bonus.

      1.   R-80 districts: 3.5 dwelling units per acre;*

      2.   R-90 districts: 3.0 dwelling units per acre;*

      3.   R-100 districts: 2.55 dwelling units per acre.*

   *   Density computation includes all roads but excludes that land ineligible for computation under section 22.02C (subdivision design requirements).

   E.   Submittal procedures. Two distinct steps are required to develop a parcel of land under the planned subdivision option: qualification of parcel and plat approval.

      1.   Qualification of parcel.

         a.   All applications requesting qualification of a parcel for a planned subdivision development shall include the petitioner’s name, address and interest in the property with supporting documentation of the interest in the property along with the name, address and interest of each person having a legal or equitable interest in the property covered by this application. In addition, the petitioner shall include documentation substantiating one or more of the characteristics outlined in paragraph B, qualification of parcel, section 22.02 and shall provide the most recent available (not older than six years) aerial photograph depicting the entire site.

         b.   Upon receipt of the completed application, the request shall be given to the Planning Commission for placement on an agenda. Each Planning Commissioner shall review the proposed request and should make a preliminary inspection of the site if deemed necessary.

         c.   Upon receipt of the completed application, the request shall be given to the Planning Commission for scheduling of a public hearing. The Planning Commission shall not act on the request until notice by mail or personal delivery has been sent to the owner of each property for which qualification is being considered and to all persons to whom real property is assessed within 300 feet of the boundaries of the property in question. Said notices shall include the time and place of the public hearing and shall be sent not less than five days before the scheduled public hearing. In addition, not less than 15 days notice of the time and place of such public hearing shall be published in the official newspaper of the city.

         d.   The application shall include a minimum of three copies of the plat superimposed on the most recent available (not more than six years old) aerial photograph so that the subdivision can be related to the additional natural conditions on the site and to adjacent development.

         e.   If the Planning Commission is satisfied that the request meets the criteria specified for approval under this article, it shall forward a recommendation to City Council with any conditions upon which such approval should be based. If the Planning Commission determines that the request does not meet the criteria or finds that the approval of the proposal would be detrimental to existing development in the general area and should not be approved, it shall recommend denial to the City Council and shall record reasons thereof in the minutes of the Planning Commission meeting. The Planning Commission recommendation, together with copies of the request, including all layouts and other relevant information shall be forwarded to the City Clerk for consideration by the City Council. The Clerk shall place the matter on the agenda of City Council. The City Council shall approve or deny the request for qualification based upon the criteria set forth in this section.

         f.   Approval of qualification of a parcel for development under this option by the City Council shall not constitute final plat approval. Approval under this section is based upon the plan submitted. Approval of the qualification of the parcel shall remain valid for a period of one year from the date of approval, during which time application for subdivision plat approval must be filed. Extensions of this approval may be granted by the City Council after review.

      2.   Plat approval.

         a.   Application for approval of a plat under this planned subdivision option shall conform to the requirements of the State of Michigan Subdivision Control Act and the subdivision regulations of the City of Sterling Heights, as modified by this ordinance;

         b.   Upon tentative approval of the preliminary plat, the developer shall provide a proposed open space agreement for review and approval by the City Council. The agreement shall set forth the manner of the dedication and title of the open land or common areas, manner of ownership, the applicable restrictive covenants, the rights and duties of owners with respect to maintenance and repairs of common areas, the method for payment of assessments and a mechanism for city oversight of such maintenance and use of common areas, if required.

(Ord. No. 278-N, §§ 19-22, 8-1-95; Ord. No. 278-R, § 11, 8-20-96; Ord. No. 278-T, § 10, 6-3-97; Ord. No. 278-U, § 9, 1-6-98; Ord. No. 278-X, § 9, 4-6-99; Ord. No. 278-CC, §§ 10,11, 6-3-03; Ord. No. 278-NN, §§ 13, 34, 1-6-09)

   A.   Intent.

      1.   The intent of this section is to encourage innovation and to allow more efficient use of land through the use of regulatory flexibility in the consideration of proposed land uses within the city consistent with the requirements of the city's Master Land Use Plan. It is the further intent to replace the usual approval process involving rigid use and bulk specifications by the regulations contained in this Section and by the utilization of an approved development plan.

      2.   The planned unit development (PUD) permitted under this section shall be considered as an option to the development permitted in all zoning districts and shall be mutually agreeable to the developer and the city. Development under this section shall be in accordance with a comprehensive physical development plan establishing functional use areas, density patterns, and vehicular and pedestrian circulation systems. The development is to be in keeping with the physical character of the city and the area surrounding the proposed development, preserving as much natural vegetation and terrain as possible.

   B.   General Requirements for PUD. PUDs may be permitted after review and recommendation of the conceptual development plan by the Planning Commission and approval of the City Council in accordance with the procedures set forth herein and after public hearings on the concept plan have been held by the Planning Commission and the City Council, subject to the following conditions:

      1.   Basic land conditions.

         a.   PUDs may be permitted in all zoning districts.

         b.   The site area used for computing density shall consist of contiguous land under single ownership or control.

         c.   The proposed development must be in basic accord with the intent of the PUDs.

         d.   The city may also qualify sites where an innovative, unified, planned approach to developing the site would result in a significantly higher quality of development, the mitigation of potentially negative impacts of development, or more efficient development than conventional zoning would allow.

      2.   Uses permitted.

         a.   All uses permitted as principal uses permitted, or special approval land uses and accessory uses permitted in all zoning districts. Multiple uses contained in a PUD must be complementary in nature. If a PUD includes residential uses, the housing types may be clustered to preserve common open space, in a design not feasible under the underlying zoning district regulations. The PUD must provide a complementary variety of housing types and/or a complementary mixed-use plan of residential and/or non-residential uses that is harmonious with adjacent development.

      3.   Residential density.

         a.   The maximum permitted densities within a PUD shall be governed by the zoning district in which it is located. The overall dwelling density for single or multiple family residential districts cannot exceed the maximum dwelling unit density computed for the entire gross site area based on the allowable density of the underlying zoning district.

         b.   At the discretion of the City Council, after review and recommendation by the Planning Commission, the maximum density permitted may be increased, by up to 25% of the permitted zoning density within that district, provided that the development meets the intent and all other standards of the PUD provisions and all other city ordinances.

         c.   A majority of the proposed residential units within all residential districts must be developed as either single family, two-family, or multiple family as determined by the underlying zoning.

      4.   Mixed use and commercial PUDs.

         a.   A PUD may include residential and non-residential uses as determined by the City Council after review and recommendation of the Planning Commission. The use of creative development concepts including mixed uses should be used to create commercial nodes and gateways and facilitate renovation of existing retail centers as opposed to creating strip commercial centers along major thoroughfares.

         b.   Setback and other dimensional requirements of the underlying zoning district(s) shall be used as guidelines for reviewing a proposed mixed-use or commercial PUD, which requirements may be modified by the City Council to achieve the intent of the PUD after review and recommendation of the Planning Commission.

         c.   Permitted commercial uses shall be limited to those determined by the City Council after review and recommendation of the Planning Commission, to be suitable for the site and compatible with the surrounding area. Any uses listed as special approval land uses shall be required to comply with specific conditions relating to such uses, although no additional review process is needed, other than the PUD approval process.

         d.   Attached residential units may be permitted as a transitional use between commercial uses and lower density residential in a mixed-use PUD where the underlying zoning is commercial.

         e.   Elderly housing may be permitted in a mixed-use or commercial PUD. The permitted dwelling unit density of the elderly housing component shall be evaluated based upon the type of elderly housing proposed (i.e. independent, assisted, etc.), the conditions of the site, anticipated traffic impacts, and character of surrounding uses and the neighborhood.

      5.   Design and layout conditions. The Planning Commission and City Council shall use any applicable standards for approval contained in city ordinances related to land use and any adopted development guidelines.

         a.   Where a planned or proposed major, secondary, or collector thoroughfare is included partially or wholly within the project area of a PUD, such portion of the roadway shall be provided as a public right-of-way with the width standards as stated in the master road plan for the right-of-way. The alignment of the roadway shall be in general conformance to the proposed alignment as shown on the master plan.

         b.   In order to provide an orderly transition of density, where the project being proposed for use as a PUD immediately abuts a residential district, (not including districts separated by a major thoroughfare), the City may require that the area immediately abutting the district shall be developed with a like development or landscaped open space.

         c.   Site design standards should include frontage beautification, buffering devices, landscaping, walkway linkages, controlled vehicular access, and attractive signage.

      6.   Area, height and bulk conditions.

         a.   All yards, height, bulk, minimum floor area, lot coverage, lot area, and lot width requirements for single-family development shall be in conformance with the requirements of the applicable zoning districts, including special development options, unless otherwise modified by the approved development plan.

         b.   All yards, height, bulk, minimum floor area, and lot coverage requirements for multiple-family and attached development shall meet the requirements of RM-1, and RM-2 Districts, as applicable, unless otherwise modified by the approved development plan.

         c.   All other uses permitted within the applicable districts shall be subject to the requirements of the respective districts unless otherwise modified by the approved development plan.

   C.   Submittal procedures and conditions. Two distinct steps are required to develop a parcel of land as a PUD development: approval of the concept plan and site plan approval. Any person owning or controlling land may make application to the City Council for consideration of a PUD. In order to adequately review the site plan, the applicant shall be required to submit the following materials to the city:

      1.   Submittal of proposed PUD concept plan. The proposed PUD concept plan shall contain at least the following:

         a.   A boundary survey of the exact acreage being requested done by a registered land surveyor or civil engineer (Scale: 1 inch = 200 feet).

         b.   A current aerial photograph of the area shall be provided (Scale: 1 inch = 200 feet).

         c.   Application form and required fee.

         d.   A narrative indicating the period of time within which it is contemplated the project will be completed.

         e.   A site plan with four-sided elevations showing a layout of the uses and structures in the PUD and their locations including:

            (1)   Layout of proposed land use, acreage allotted to each use, residential density overall and by underlying zoning district, and generalized building footprints;

            (2)   Roads, parking areas, drives, driveways, and pedestrian paths;

            (3)   Building setbacks and spacing;

            (4)   General location and type of landscaping proposed;

            (5)   Any significant woodlands that will be preserved;

            (6)   A preliminary layout of the stormwater drainage plan, including detention or retention pond locations;

            (7)   Locations of public or private utilities; and

            (8)   Identification of each phase, if a multi-phase development is proposed.

         f.   Any additional graphics or written materials reasonably requested by the Planning Commission or City Council to assist in determining the impacts of the proposed site plan, including, but not limited to, economic or market studies; impact on public primary and secondary schools and utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction costs.

      2.   Planning Commission review of proposed PUD plan: Upon receipt of an application by the city, such request shall be referred to the Planning Commission for its review and recommendation. In its review, the Planning Commission shall consider the following:

         a.   That all applicable provisions of this section have been met. Insofar as any provision of this section shall be in conflict with the provisions of any other section of this code, the provisions of this section shall apply to the lands embraced within a PUD area.

         b.   That adequate areas have been provided for all utilities, walkways, recreational areas, parking areas and other open spaces, and areas to be used by the public or by residents of the community.

         c.   The plan provides for an efficient, aesthetic, and desirable use of the open areas and the plan is in keeping with the physical character of the city and the area surrounding the development.

         d.   The Planning Commission shall hold a public hearing to hear and consider comments relating to the PUD proposal.

         e.   Upon finding that the conditions outlined above have been satisfactorily met, and following the public hearing, the Planning Commission will within a reasonable time forward its report and recommendation to the City Council.

      3.   Approval of PUD Concept Plan: Upon receipt of the report and recommendation from the Planning Commission, the City Council shall consider whether or not all conditions have been satisfactorily met and thereafter shall hold a public hearing to hear and consider comments to the PUD proposal.

         a.   The City Council shall review the conceptual plan, together with the findings of the Planning Commission, and shall approve, approve with conditions, or deny the conceptual plan.

         b.   Once an area has been included within a plan for a PUD that has been approved by the City Council, no development may take place in such area nor may any use thereof be made except in accordance with a City Council approved amendment thereto.

         c.   The owner must receive final site plan approval for the proposed development within 12 months of approval of the conceptual plan, obtain a building permit within 18 months of conceptual plan approval, and complete development of the PUD within 30 months of conceptual plan approval. This time limitation may be extended by the City Council in response to a request from the owner.

         d.   Approval of the concept plan by the City Council shall not constitute final site plan approval. Approval of the conceptual plan shall serve as a guide in the preparation and review of the final site plan.

   D.   Site plan review. Upon approval of the PUD conceptual plan by the City Council, a site plan review is required in accordance with Article 26 Site Plan Review Requirements and Procedures prior to the issuance of building or zoning compliance permits. Site plans shall also provide the following:

      1.   Structural outline (building envelope) of all structures proposed on the site;

      2.   Architectural renderings of building facade elevations, typical floor plans and topography shall be drawn at a two-foot contour interval. Elevation drawing shall be drawn to scale. Where more than one type of structure or design is intended, the sample elevation and corresponding floor plans of each type shall be submitted;

      3.   A plan identifying the areas to be dedicated as open space and recreational use showing access, location and any improvements. 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 area and the financing thereof;

         e.   Any other facts relating to the legal or practical problems of ownership and maintenance of the open space;

      4.   The location of access drives, streets, off-street parking areas, and sidewalks;

      5.   A landscape plan showing location, extent and type of plantings and screening in accordance with the environmental provisions of Article 24.

   E.   Regulatory flexibility. The City Council may increase, decrease, waive, or otherwise modify the current standards within the Zoning Ordinance including, but not limited to: use, density, intensity, setbacks, building heights, parking, design standards, project design standards, and landscape standards provided the modification is found to improve the quality of development above and beyond what could be developed under the underlying zoning, or results in a higher level of public benefit, and to achieve the purpose of this article. The Zoning Board of Appeals shall have no variance authority for PUD projects.

(Ord. No. 278-FF, § 1, 5-3-05; Ord. No. 278-NN, § 34, 1-6-09)

   A.   Intent. Pursuant to section 5 of Act 280 of the Public Acts of 2005, as amended, ("Corridor Improvement Authority Act"), the City Council has created the Corridor Improvement Authority of Sterling Heights to encourage redevelopment of certain commercial areas and promote economic growth within the city. The City Council has adopted a Development Plan setting forth guidelines for improvements within the areas of the city which have been designated as a "Development Area". Improvements made within the designated Development Area must comply with the guidelines and standards of the applicable Development Plan, as amended from time to time. The Development Plan is intended to enhance public spaces, utilize a consistent theme/style along rights-of-way, provide a unified building style for development and redevelopment, and to promote economic growth and enhanced property values within the Development Area.

   B.   Definitions. The definitions below shall apply to the words and phrases used in this section 22.04. Words and phrases not defined in this section 22.04, paragraph B but defined in article 31 shall be given the meanings set forth in article 31. All other words shall be given their common, ordinary meaning, unless the context clearly requires otherwise.

      CORRIDOR IMPROVEMENT AUTHORITY (AUTHORITY). The Corridor Improvement Authority of Sterling Heights created by the City Council pursuant to section 5 of the Corridor Improvement Authority Act.

      CORRIDOR IMPROVEMENT DEVELOPMENT AREA (DEVELOPMENT AREA). A geographic area designated by the city council pursuant to the Corridor Improvement Authority Act where certain improvements may be eligible for financing available under the Corridor Improvement Authority Act to facilitate redevelopment and promote economic growth.

      CORRIDOR IMPROVEMENT DEVELOPMENT PLAN (DEVELOPMENT PLAN). A development plan adopted by the city council pursuant to the Corridor Improvement Authority Act to facilitate redevelopment and to promote economic growth within the Development Area.

      CORRIDOR IMPROVEMENT AUTHORITY PLAN REVIEW COMMITTEE (PLAN REVIEW COMMITTEE). The review committee designated by the City Council to perform a preliminary review of a site plan for a site within a Development Area to determine compliance with the goals and design objectives of the Development Plan.

   C.   Corridor Improvement Authority Plan Review Committee; Review of Site Plan by Plan Review Committee. A Plan Review Committee comprised of the City Development Director, City Planner, Economic Development Manager, and Public Services Manager is created to review site plans for any proposed development within a Development Area for compliance with the goals and design guidelines and standards of the applicable Development Plan. Upon completion of this review by the plan review committee, a summary and recommendation shall be forwarded to the office of planning for further site plan review and/or approval by the reviewing authority (Office of Planning, Planning Commission, or City Council, as the case may be) under the procedures set forth in article 26. As part of the review, the plan review committee shall encourage construction that adheres to the principles of the Leadership in Energy and Environmental Design (LEED) Green Building Rating System developed by the U.S. Green Building Council (USGBC) that promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality.

   D.   Redevelopment. Recognizing that changes to a previously approved land use designation within a Development Area will occur due to functional obsolescence or changing market conditions, the guidelines and standards set forth in the applicable Development Plan as amended from time to time to meet the objectives of the Corridor Improvement Authority shall constitute the minimum standards for redevelopment of sites within the Development Area.

   E.   Site Landscaping, Improvements and Lighting. In addition to the general site landscaping requirements of article 24, the applicable guidelines and standards set forth in the Development Plan relating to the planting of street trees, ornamental trees, shrubs and perennials and the installation of integrated paving improvements and street lighting shall apply to development or redevelopment of sites within the Development Area.

   F.   Administrative Modification of Guidelines and Standards. The plan review committee shall have authority to modify the guidelines and standards set forth in the Development Plan where due to unusual or unique conditions of the property, literal compliance with the provisions of the Development Plan as to a particular site within a Development Area would be impossible, or would involve practical difficulties or unnecessary hardships. The plan review committee shall recommend approval of such a modification only if the need for the modification is beyond the control of the site owner/applicant and is not self-created. (Examples: Improvements required by the Development Plan cannot be made because of physical conditions of the property such as floodplain, wetlands, or other topographical conditions, or as a result of laws or regulations applied to the site by other governmental agencies, such as the Michigan Department of Transportation, Michigan Department of Environmental Quality, Road Commission of Macomb County, or Macomb County Public Works Department.) In approving such a modification, the plan review committee may impose reasonable conditions to ensure that the improvements constructed in compliance with the modified guidelines and standards will be in harmony with the objectives of the Corridor Improvement Authority, public safety and welfare secured, and substantial justice done.

(Ord. No. 278-II, § 1, 3-19-07)

   A.   Intent.

      1.   The intent of the Major Industrial Facility Redevelopment Option is to provide optional flexible design standards for distressed and/or obsolete major industrial facilities and properties, zoned M-1 Light Industrial or M-2 Heavy Industrial consistent with the city Master Land Use Plan, while providing stability and longevity for the economic development of the city.

      2.   The Major Industrial Facility Redevelopment Option is intended to provide for the development of high intensity, multi-purpose centers upon major industrial facility sites of 12 acre minimum in size, with not less than 150,000 square feet of existing buildings on the existing site through comprehensive planning, zoning, and project review. The regulations under this development option are designed to encourage innovation and variety in the design and placement of highly concentrated, integrated and diversified functions, while ensuring compatibility between uses and adjacent forms of developments, through the review process. Unless specifically modified by the IFR Option regulations, redevelopment must comply with standards of the underlying zoning designation. In the event of a conflict between the standards of the underlying zoning and those of the IFR Option, the standards of the IFR Option shall control.

   B.   General Requirements.

      1.   Uses Permitted.

         a.   All uses permitted as principal uses and special approval land uses subject to applicable special conditions permitted in the TRO, O-R, M-1 and M-2 districts, except for the following uses:

Ambulance service dispatch centers, new/used vehicle sales and leasing, auto service centers and reconditioning establishments, automobile repair garages, recreational vehicle storage, automobile impound lots, firearm and archery ranges, kennels, veterinary clinics, junk yards, refuse and garbage incinerators, refuse transfer and recycling stations, concrete and asphalt plants and crushing operations shall be excluded.

         b.   Hotels (two or more stories)

         c.   Restaurants (excluding fast food restaurants), subject to the following:

            (1)   The use shall not have drive-in, drive-through, or in-car service. Carry-out service may be permitted provided it is a minor part of the restaurant service (40% or less of total sales)

            (2)   The building shall be designed to be an integral part of, or as a compatible accessory use to, an existing or proposed IFR Option area. The layout of the proposed use shall be designed to encourage pedestrian traffic from the nearby uses.

            (3)   No freestanding restaurant shall be located within 500 feet of another freestanding restaurant, except if such uses are separated by a public thoroughfare of not less than 120 feet of right-of-way.

         d.   Accessory buildings and uses customarily incidental to principal permitted uses enumerated above.

      2.   Redevelopment Standards.

         a.   Freestanding buildings and uses, apart from major building complex or elements, may be permitted following the finding that the form and location of the subject freestanding building or buildings and the land uses contained in them are reasonably necessary for the proper functioning of the IFR area.

         b.   The exterior of all newly erected buildings shall be constructed of brick and/or stone building materials or other similar durable, decorative building materials as may be approved by the Planning Department, subject to any additional requirements set forth in Section 26.01, paragraph H. Additions and renovations to existing buildings and structures shall be consistent with these requirements or the architecture and materials used on the existing buildings and structures that are to remain on the parcel. The architecture and exterior finish of any newly erected building shall be complementary and compatible in style and be of uniform finish on all sides of its exterior.

   C.   Location and Site Standards.

      1.   Area and Bulk Requirements of Redeveloped Parcel under IFR Option.

         a.   Minimum parcel size:

            Restaurant use:                1 acre

            Hotel, TRO, or O-R use:            3 acres

            M-1 or M-2 use:               10 acres

         b.   Maximum height of any structure: None. When the building height exceeds 50 feet, yard setbacks to any points of the building which exceed 50 feet shall be increased one foot for each additional foot of building height over 50 feet.

         c.   Minimum building floor area: None

         d.   Minimum yard setback per lot:

            (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 follows:

               (a)   Regional (204' R.O.W.):       137 feet.

               (b)   Regional (150' R.O.W.):      110 feet.

               (c)   Major:               95 feet.

               (d)   Secondary:            78 feet.

               (e)   Collector:            70 feet.

               (f)   Local:               65 feet.

               (g)   Cul-de-sac:            95-foot radius.

               (h)   Freeway:             35 feet.*

               (i)   Private roads:             35 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.

   The required front yard shall be landscaped and maintained thereafter in a neat and orderly condition. Driveway approaches, but not driveways, shall be permitted in the required front yard.

   If the existing right-of-way is greater than 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 35 feet for all classes of roads.

            (2)   Side: 15 feet are required along the interior side lot lines. No building shall be located closer than 50 feet and no storage or parking shall be located closer than 20 feet from the outer perimeter (property line) of such district when such property line abuts any residential district.

            (3)   Rear: 35 feet. No building shall be located closer than 50 feet and no storage or parking shall be located closer than 20 feet from the outer perimeter (property line) of this district when such property line abuts any residential district.

         e.   Maximum lot coverage. The maximum lot coverage shall be governed by meeting all of the requirements for yard space, landscaping, screening, off-street parking and loading. The locations of buildings and uses and distances between buildings shall be as shown on the approved site plan.

      2.   Parking.

         a.   The Planning Department may permit a reduction of the parking requirement for the development of IFR area parcels by an amount not to exceed 10%, subject to the following:

            (1)   A landscaped reserve area capable of accommodating the required number of parking spaces shall be specified on the site plan that could accommodate an expansion of the existing parking facilities in the future if required. The developer shall execute an agreement, in a form satisfactory to the city, that will obligate the property owners to install additional parking at the city's request if the need arises;

            (2)   Any such provisions for installation of additional parking shall be set forth in a recordable instrument recorded at the office of the Macomb County Register of Deeds, describing the area affected by the agreement;

         b.   Where the owners of two buildings desire to utilize common off-street parking facilities, the Planning Department may permit such dual function, provided that the following conditions have been met:

            (1)   The normal business hours of the two buildings or uses generally do not overlap.

            (2)   The common parking lot meets the off-street parking requirements of the larger building or more intensive use, plus 15%.

            (3)   In the event that there is a change of uses to uses which do not meet the criteria established for shared parking, the property owner shall install the required number of spaces prior to issuance of a certificate of occupancy for the approved uses.

            (4)   A landscaped reserve area capable of accommodating the required number of parking spaces shall be specified on the site plan that could accommodate an expansion of the existing parking facilities, in the future if required. The developer shall execute an agreement, in a form satisfactory to the city that will obligate the property owners to install additional parking at the city's request if the need arises.

            (5)   Any such provisions for parking shall be set forth in a recordable instrument recorded at the office of the Macomb County Register of Deeds, describing the area affected by the agreement.

   D.   Procedures for Development of Parcel Under IFR Option. There are two distinct steps to obtaining approval to develop a parcel of property under the IFR Option: (1) qualification of the parcel and concept plan, and (2) site plan approval. An applicant desiring to develop a parcel of property under the IFR Option must first obtain approval of qualification of the parcel and concept plan before proceeding with submitting an application for site plan approval.

      1.   Qualification of parcel. An applicant requesting qualification to develop a parcel under the IFR Option shall comply with the following procedures:

         a.   An application for qualification that includes the following information shall be submitted for consideration by the Planning Commission, accompanied by the applicable application fee established by a resolution or the annual appropriations ordinance approved by the City Council:

            (1)   The applicant's name, address, and contact information, and interest in the property to be redeveloped, including any adjacent parcels to be included in the redevelopment (with written evidence of authority to act on behalf of the property owner(s) if applicant does not own the property), along with the applicant's signature evidencing the accuracy and completeness of the application

            (2)   The name, address, and contact information of the legal owner of the property, if different than the applicant (with supporting documentation of the interest in the property), along with the owner's signature evidencing the accuracy and completeness of the application;

            (3)   The name, address, and contact information of each person having a legal or equitable interest in the property covered by the application, along with a description of the interest and the person's signature evidencing consent to the request;

            (4)   The total acreage of the existing parcel (minimum acreage for qualification--12 acres) that is to be redeveloped under the IFR Option, plus the acreage of any adjacent parcels to be combined with existing parcel for redevelopment;

            (5)   The total lot coverage of existing buildings and structures (minimum lot coverage for qualification--150,000 square feet) developed on the parcel to be redeveloped under the IFR Option, plus lot coverage of buildings and structures on any adjacent parcels to be combined with existing parcel for redevelopment;

            (6)   The current use of any building or structures on the parcel, or if vacant, the use of land;

            (7)   If any building or structure upon the parcel is vacant, the most recent use of the building or structure prior to it becoming vacant and the date the building or structure became vacant;

            (8)   If any building or structure upon the parcel is anticipated to become vacant, a description of the building or structure anticipated to become vacant, the date of anticipated vacancy, and the current use of the building or structures anticipated to become vacant;

            (9)   If the parcel proposed to be redeveloped is vacant due to the demolition of buildings or structures, a description of the buildings or structures that have been demolished and the approximate date of the demolition;

            (10)   A description of the proposed redevelopment (including the use and location of the buildings, structures, or property as proposed to be redeveloped (if known), and their proximity to adjacent buildings, structures, and uses that will continue on the parcel or adjacent parcels;

         b.   The applicant shall submit a concept plan (drawn to scale) showing how the buildings, structures, or parcel are proposed to be redeveloped under the IFR Option. The concept plan shall include the following (to the extent known):

            (1)   An outline of the parcel for which qualification is requested, showing the relationship of abutting properties and/or structures that are not proposed to be redeveloped;

            (2)   An outline of any abutting properties for which qualification is requested, if the application includes adjacent parcels proposed to be combined with the parcel currently owned and developed;

            (3)    The proposed placement and the basic configuration of buildings and structures;

            (4)   The elevations and materials of any proposed buildings or structures proposed to be constructed;

            (5)   The proposed circulation pattern for the parcel;

            (6)   Any proposed redevelopment, relocation, or improvement of on-site or off-site infrastructure or site improvements (roads, drives, parking areas, utilities, retention areas, open space areas, landscaping, etc.);

            (7)   The location of any proposed preservation or open space areas to be designated;

            (8)   Buffering/screening techniques to be used;

            (9)   Legal descriptions of all parcels included in the request (including those of adjacent parcels requested to be redeveloped under the IFR Option); and

            (10)   A depiction of the location of the parcel on a location map.

         c.   Upon receipt of the completed application and the required application fee, a public hearing shall be scheduled before the Planning Commission and notice given in accordance with the notice requirements set forth in Section 28.20.

         d.   After completion of the public hearing, the Planning Commission shall approve or deny the application for qualification of the parcel based upon the criteria set forth in this section, or postpone action if the Planning Commission determines that additional information or time is needed to properly consider the request. In order to approve a request for parcel qualification, the Planning Commission must be satisfied that the parcel meets the minimum acreage and building lot coverage requirements, and that the concept plan provides a reasonable basis for redevelopment of the buildings, structures, and land contained on the parcel proposed for redevelopment under the IFR Option.

         e.   The Planning Commission may modify the minimum qualification standards relating to parcel size or minimum lot coverage of existing buildings where the Planning Commission determines that such modification will enable the parcel and/or existing buildings to be more expeditiously redeveloped consistent with the spirit and intent of the IFR Option.

         f.   The Planning Commission shall not be required to approve a requested parcel qualification if the Planning Commission determines that the parcel does not meet the parcel qualification criteria, or that the concept plan does not fulfill the spirit and intent of the IFR Option. If the Planning Commission is not satisfied that the proposal satisfies all of the criteria for approval, it may deny qualification of the parcel for redevelopment under the IFR Option, or require the applicant to make revisions to the proposal and concept plan in order to meet the requirements, spirit, and intent of this section.

         g.   The Planning Commission may impose reasonable conditions upon any approval or modification of standard to ensure that the spirit and intent of this section is upheld.

         h.   Approval of qualification of the parcel and the concept plan by the Planning Commission shall not constitute final site plan approval of the redevelopment under the IFR Option but shall be deemed approval to proceed with site plan submittal and review to determine whether the site plan for the proposed redevelopment conforms with the parcel qualification, the concept plan, and all applicable codes and ordinances of the City. Approval of qualification of the parcel and the concept plan shall serve as guides in the preparation and review of the final site plan. Site plan approval must be obtained from the Planning Department prior to proceeding with any construction or development of the parcel under the IFR Option.

         i.   Approval of qualification of the parcel and the concept plan shall remain valid for a period of one year from the date of approval, during which time application for site plan approval must be filed. Extensions of this approval may be granted by the Planning Commission after review.

         j.   If an applicant does not obtain site plan approval for a proposed redevelopment under the IFR Option within 1 year after approval of parcel qualification and the concept plan, the approval of parcel qualification and concept plan shall expire unless an extension, in writing, has been requested prior to expiration of the approval period and subsequently obtained from the Planning Commission.

      2.   Site Plan Review. In addition to obtaining approval of qualification of the parcel and the concept plan for redevelopment under the IFR Option, administrative site plan review is required for any proposed development or redevelopment of a site in accordance with Article 26 Site Plan Review Requirements and Procedures prior to the issuance of building or zoning compliance permits. Site plans for development under the IFR Option shall also provide the following information in addition to that required under Article 24:

         a.   Structural outline (building envelope) of all structures proposed on the site.

         b.   Architectural renderings of building façade elevations and typical floor plans. Elevation drawings shall be drawn to scale. Where more than one type of structure or design is intended, the sample elevation and corresponding floor plans of each type shall be submitted.

         c.   The location of access drives, streets, off-street parking areas, and sidewalks.

         d.   A landscape plan showing location, extent and type of plantings and screening in accordance with the environmental provisions of Article 24.

      The approval procedures set forth in Article 26 shall apply to site plans for development under the IFR Option.

      3.   Nothing contained in this section shall be construed to prevent the owner of land in an IFR area from dividing a parcel into two or more lots provided the resultant parcels meet the standards set forth in Section 22.05 and the land division regulations of the city code. A project development or redevelopment plan may include any adjoining parcels that are intended to become an integral part of the IFR area and overall development concept.

(Ord. No. 278-PP, § 3, 12-1-09)

      1.   The intent of the Commercial Redevelopment Planned Unit Development Option ("CRPUD Option") is to provide a renovation/redevelopment option for eligible commercial establishments and shopping centers in C-1 Local Convenience Business, C-2 Planned Comparison, or C-3 General Business Districts that will provide more flexible, streamlined standards and procedures to encourage upgrading, beautification and revitalization of the commercial establishment or shopping centers.

      2.   The CRPUD Option is intended to provide opportunities for renovation, enhancement, beautification, reoccupancy and revitalization of vacant, underdeveloped, or underutilized commercial establishments or shopping centers which were developed many years ago when the needs, land uses, and applicable regulations were substantially different than they are presently. Land use regulations applicable to such uses have changed in order to reflect changing needs and economic realities.

      3.   The Planning Commission and City Council of the City of Sterling Heights are desirous of having such commercial establishments or shopping centers be renovated, redeveloped, and reoccupied with vibrant uses which provide economic vitality to the commercial establishment or shopping center, other tenants, City residents, and the community at large.

      4.   Therefore, in the interest of promoting productive use of such properties, as contemplated in the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended, MCL 125.3201 et seq., this section is intended to authorize renovation, redevelopment, beautification, reoccupancy and revitalization of commercial establishments or shopping centers which qualify under the qualification standards of this section.

      1.   In order for a commercial establishment or shopping center to be considered for approval to redevelop or enhance a commercial establishment or shopping center under the CRPUD Option, the owner or developer of the commercial establishment or shopping center must informally meet with a Plan Review Committee comprised of the City Development Director, City Planner, City Engineer, Economic Development Manager, any other City Manager designee and Business Development Manager to discuss the applicant's intentions with respect to renovating, enhancing, beautifying, reoccupying the building or tenant spaces, and otherwise revitalizing the commercial establishment or shopping center. There shall be no fee for this initial preliminary conference. The owner or developer shall furnish the Plan Review Committee with pre-preliminary conceptual site plan which shows the intended redevelopment and reoccupancy changes intended to be made under the CRPUD Option. In determining whether the proposed redevelopment or reoccupancy of the commercial establishment or shopping center will be recommended to the Planning Commission for proceeding under the CRPUD Option, the applicant and the Plan Review Committee shall consider the following criteria:

         a.   The size of the commercial establishment or shopping center parcel shall be 25 acres or less and the age and general condition of the shopping center (priority given to shopping centers over 20 years of age).

         b.   The current zoning of the commercial establishment or shopping center and the extent to which it complies with current standards of the Zoning Ordinance, City Code, and other regulatory provisions relating to exterior design, ingress and egress, pedestrian accessibility, signage and landscaping.

         c.   The current occupancy level, tenant mix, and economic viability of the commercial establishment or shopping center.

         d.   Any physical site characteristics or other restrictions limiting the ability of the commercial establishment or shopping center to comply with the current standards of the Zoning Ordinance, City Code, and other regulatory provisions.

         e.   The proposed improvements and renovations and new uses proposed to be added to the commercial establishment or shopping center under the CRPUD Option and the extent, if any, that the proposed renovations and changes in occupancy in the commercial establishment or shopping center will bring the commercial establishment or shopping center into greater conformance with the Master Land Use Plan, Zoning Ordinance and benefit the city at large.

         f.   The extent, if any, to which the enhancement and redevelopment of the commercial establishment or shopping center incorporates unique uses and design elements which will promote the long-term viability of the commercial establishment or shopping center, using either the special land use or other discretionary land use approval provisions of Article 25, the planned unit development options of Section 22.03 which shall be available, or the CRPUD provisions of Section 22.05.

         g.   The extent to which the design elements from the Simplified Traditional architectural style as set forth in Article 26 and Section 31.01 will be incorporated into the enhancement or redevelopment of the commercial establishment or shopping center.

         h.   The overall benefit of the proposed renovations and changes in occupancy in the commercial establishment or shopping center upon the public healthy, safety and welfare of the community.

      2.   After the owner or developer meets with the Plan Review Committee, the Plan Review Committee shall review the pre-preliminary conceptual site plan, correspondence, narratives, sketches, or other materials submitted to determine the extent that it meets the criteria and intent of the CRPUD Option based upon the criteria set forth in section B.1. above. If the Plan Review Committee determines that the shopping center should be eligible for redevelopment and/or reoccupancy under the CRPUD Option based upon such criteria, the Plan Review Committee shall notify the applicant and the Office of Planning in writing of its recommendation.

      3.   If the Plan Review Committee determines that the commercial establishment or shopping center should not be eligible for redevelopment and/or reoccupancy based upon the CRPUD Option criteria above, the Plan Review Committee shall advise the applicant in writing as to the reasons for such recommendation. An adverse recommendation from the Plan Review Committee shall not preclude the owner or developer from requesting qualification from the Planning Commission to redevelop the commercial establishment or shopping center under the CRPUD Option.

      4.   An owner or developer of a commercial establishment or shopping center which intends to enhance or redevelop the commercial establishment or shopping center, or reoccupy the commercial establishment or shopping center with new uses under the CRPUD Option shall comply with the recommendations of the Plan Review Committee with respect to improvements.

      1.   The Planning Commission shall be the approving authority with respect to (a) qualification under the CRPUD Option and (b) approval of a preliminary site plan for redevelopment or reoccupancy of a commercial establishment or shopping center under the CRPUD Option.

      2.   After the owner or developer of a commercial establishment or shopping center meets with the Plan Review Committee and obtains a recommendation regarding redevelopment and/or reoccupancy under the CRPUD Option, the owner or developer shall proceed with obtaining review and qualification by the Planning Commission of the commercial establishment or shopping center under the CRPUD Option and approval of a preliminary site plan. The Planning Commission may approve the CRPUD in accordance with the procedures set forth in this section after a public hearing held by the Planning Commission subject to the following:

         a.   The Planning Commission shall not approve qualification of a commercial establishment or shopping center for redevelopment or reoccupancy under the CRPUD Option unless it finds that the following have been satisfied (unless inapplicable) by a simple majority of the members of the Planning Commission.

         b.   That all applicable provisions of this section have been met or modified by the Planning Commission. Insofar as any provision of this section shall be in conflict with the provisions of any other section of this code, the provisions of this section shall apply to the lands embraced within a CRPUD area.

         c.   That adequate areas have been provided for all utilities, walkways, recreational areas, parking areas and other open spaces, and areas to be used by the public or by residents of the community.

      3.   The plan provides for an efficient, aesthetic, and desirable use of the open areas and the plan is in keeping with the physical character of the city and the area surrounding the development.

      4.   The Planning Commission shall hold a public hearing to hear and consider comments relating to the CRPUD proposal.

      5.   Upon finding that the conditions outlined above have been satisfactorily met, and following the public hearing, the Planning Commission shall approve the CRPUD with any reasonable conditions.

      6.   Once an area has been included within a plan for a CRPUD that has been approved by the Planning Commission, no development may take place in such area nor may any use thereof be made except in accordance with a Planning Commission approved amendment.

      1.   CRPUDs may be permitted in the C-1 Local Business District, C-2 Planned Comparison and C-3 General Business Districts only.

      2.   The commercial establishment or shopping center proposed to be redeveloped or reoccupied under the CRPUD shall consist of contiguous land.

      3.   The proposed development must be in basic accord with the intent of the CRPUD Option.

      4.   All uses permitted as principal uses permitted, or special approval land uses and accessory uses permitted in the C-1, C-2 and C-3 Districts, mixed uses as provided in subparagraph 5. below and other discretionary land uses as authorized by section 25.04 of the Zoning Ordinances.

      5.   A CRPUD may include complementary multiple family residential uses allowed in the RM-1 and RM-2 Multiple Family Residential Districts as determined by the Planning Commission.

         a.   The use of creative development concepts including mixed uses should be used to create commercial nodes and gateways and facilitate renovation of existing retail centers as opposed to creating strip commercial centers along major thoroughfares.

         b.   If a CRPUD includes multiple family residential uses, the housing types may be clustered to preserve common open space, in a design not feasible under the underlying zoning district regulations. The CRPUD may provide a complementary variety of housing types and/or a complementary mixed-use plan of residential and/or non-residential uses that is harmonious with adjacent development.

         c.   Setback and other dimensional requirements of uses proposed to be developed shall be used as guidelines for reviewing a proposed mixed-use CRPUD.

      6.   Any uses listed as special approval land uses shall be required to comply with specific conditions relating to such uses, unless modified by the Planning Commission.

      7.   Elderly housing may be permitted in a mixed-use or CRPUD. The permitted dwelling unit density of the elderly housing component shall be evaluated based upon the type of elderly housing proposed (i.e. independent, assisted, etc.), the conditions of the site, anticipated traffic impacts, and character of surrounding uses and the neighborhood.

      1.   Where a planned or proposed major, secondary, or collector thoroughfare is included partially or wholly within the project area of a CRPUD, such portion of the roadway shall be provided as a public right-of-way with the width standards as stated in the master road plan for the right-of-way. The alignment of the roadway shall be in general conformance to the proposed alignment as shown on the master plan.

      2.   In order to provide an orderly transition of density, where the project being proposed for use as a CRPUD immediately abuts a residential district, (not including districts separated by a major thoroughfare), the City may require that the area immediately abutting the district shall be developed with a like development or landscaped open space.

      3.   Site design standards should include frontage beautification, buffering devices, landscaping, walkway linkages, controlled vehicular access, and attractive signage.

      4.   All yards, height, bulk, minimum floor area, and lot coverage requirements for the uses proposed shall apply unless otherwise modified by the Planning Commission as part of the approved development plan.

   F.   Submittal procedures and conditions. Three distinct steps are required to develop a parcel of land or site under the CRPUD Option: (i) meeting with the Plan Review Committee, (ii) obtaining approval of the CRPUD Qualification and preliminary site plan from the Planning Commission and (iii) obtaining final site plan from the Office of Planning. Any person owning or controlling land may make application to the Planning Commission for consideration of a CRPUD. In order to adequately review the preliminary site plan, the applicant shall be required to submit the following materials to the Planning Commission. The proposed CRPUD preliminary site plan concept plan shall contain at least the following:

      1.   Application form and required fee.

      2.   A narrative indicating the period of time within which it is contemplated the project will be completed.

      3.   A site plan with four-sided elevations showing a layout of the uses and structures in the CRPUD and their locations including:

         a.   Zoning of the property, and of the boundaries of each area if there is more than one zoning.

         b.   Layout of proposed land uses, acreage allotted to each use, density of multiple family residential areas, and by underlying zoning district, and generalized building footprints;

         c.   Roads, parking areas, drives, driveways, and pedestrian paths;

         d.   Building setbacks and spacing;

         e.   General location and type of landscaping proposed;

         f.   Any significant woodlands that will be preserved;

         g.   Identification of each phase, if a multi-phase development is proposed.

      4.   Any additional graphics or written materials reasonably requested by the Planning Commission to assist in determining the impacts of the proposed site plan, including, but not limited to, economic or market studies; impact on public primary and secondary schools and utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction costs.

      1.   Structural outline (building envelope) of all structures proposed on the site;

      2.   Architectural renderings of building facade elevations, typical floor plans and topography shall be drawn at a two-foot contour interval. Elevation drawing shall be drawn to scale. Where more than one type of structure or design is intended, the sample elevation and corresponding floor plans of each type shall be submitted;

      3.   A plan identifying the areas to be dedicated as open space and recreational use showing access, location and any improvements. 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 any preserved 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 area and the financing thereof;

         e.   Any other facts relating to the legal or practical problems of ownership and maintenance of the open space;

      4.   The location of access drives, streets, off-street parking areas, and sidewalks;

      5.   A landscape plan showing location, extent and type of plantings and screening in accordance with the environmental provisions of Article 24.

The owner or developer must receive final site plan approval for the proposed development within 12 months of approval of the preliminary site plan, obtain a building permit within 18 months of preliminary site plan approval, and complete development of the CRPUD within 30 months of preliminary site plan approval. This time limitation may be extended by the Planning Commission in response to a request from the owner.

      1.   The Planning Commission may modify by a simple majority of the members of the Planning Commission present the current standards within the Zoning Ordinance for CRPUD including, but not limited to use, density, intensity, setbacks, building heights, parking, design standards, and landscape standards provided the modification is found to improve the quality of the development above and beyond what could be developed under the conventional zoning above, or results in a higher level of public benefit, and to achieve the purpose of this article.

      2.   The use of creative development concepts including mixed uses should be used to create commercial nodes and gateways and facilitate renovation of existing commercial establishments and retail centers as opposed to creating strip commercial centers along major thoroughfares.

      3.   The Zoning Board of Appeals shall have no authority with respect to CRPUD Option developments.

      4.   The Plan Review Committee and Planning Commission shall use any applicable standards for approval contained in city ordinances related to land use and any adopted development guidelines.

(Ord. No. 278-SS, § 1, 7-17-12)