The following definitions shall apply in the interpretation of this chapter:
(a) Applicant shall mean the property owner, or a person acting with the written and signed authorization of the property owner to make application under this chapter.
(b) Rezoning conditions shall mean conditions proposed by the applicant and approved by the City as part of an approval under this chapter, including review and recommendation by the Planning Commission, which shall constitute regulations for an in connection with the development and use of property approved with a rezoning condition in conjunction with a rezoning. Such rezoning conditions shall not authorize uses or developments of greater intensity or density and which are not permitted in the district proposed by the rezoning (and shall not permit uses or development expressly or implicitly prohibited in the CR Agreement), and may include some or all of the following:
(1) The location, size, height or other measure for and/or of buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features shown on the CR Plan.
(2) Specification of maximum density or intensity of development and/or use, expressed in terms fashioned for the particular development and/or use, for example, and in no respect by way of limitation, units per acre, maximum usable floor area, hours of operation and the like.
(3) Preservation of natural resources and/or features.
(4) Facilities to address drainage/water quality.
(5) Facilities to address traffic issues.
(6) Preservation of open space.
(7) A written understanding for permanent maintenance of natural resources, features, and/or facilities to address drainage/water quality, traffic, open space and/or other features or improvements; and, provision for authorization and finance of maintenance by or on behalf of the City in the event the property owner(s) fail(s) to timely perform after notice.
(8) Signage, lighting, and landscaping of and/or building materials for the exterior of some or all structures.
(9) Permissible uses of the property.
(10) Preservation of historic buildings/structure to preserve the history of the City of Lincoln Park.
(11) Donation of land for open space, using a land conservancy or other means, to protect the open space for future generations.
(12) Paving, making substantial improvements to, or funding of improvements to major City roads where the entire City benefits.
(13) Construction and/or donation of community buildings where the need has been identified and defined by the City.
(14) Provide usable and contiguous open space amounting to at least forty percent of the site, using the concept of clustering.
(15) Added landscaping, above and beyond what is required by City ordinance.
(16) Reclamation and re-use of land, where previous use of land causes severe development difficulties, or has caused blight.
(17) Installation of streetscape on an arterial road, beyond what is required by ordinance, and where compatible with City guidelines concerning trees, streetlights, and landscaping.
(18) Drain and drainage improvements, beyond what is required by ordinance, using best management practices.
(19) Providing monuments or other landmarks to identify City boundaries.
(20) Such other conditions as deemed important to the development by the applicant.
(c) CR Agreement shall mean a written agreement approved and executed by the City and property owner, incorporating a CR Plan, and setting forth rezoning conditions, conditions imposed pursuant to MCL 125.286i and any other terms mutually agreed upon by the parties relative to land for which the City has approved a rezoning with rezoning conditions. Terms may include the following:
(1) Agreement and acknowledgment that the rezoning with rezoning conditions was proposed by the applicant to induce the City to grant the rezoning, and that the City relied upon such proposal and would not have granted the rezoning but for the terms spelled out in the CR Agreement and, further agreement and acknowledgment that the conditions and CR Agreement are authorized by all applicable state and federal law and constitution, and that the Agreement is valid and was entered into on a voluntary basis, and represents a permissible exercise of authority by the City.
(2) Agreement and understanding that the property in question shall not be developed or used in a manner inconsistent with the CR Plan and CR Agreement.
(3) Agreement and understanding that the approval and CR Agreement shall be binding upon and inure to the benefit of the property owner and City, and their respective heirs, successors, assigns, and transferees.
(4) Agreement and understanding that, if a rezoning with rezoning conditions becomes void in the manner provided in this chapter, no development shall be undertaken or permits for development issued until a new zoning district classification of the property has been established.
(5) Agreement and understanding that each of the requirements and conditions in the CR Agreement represents a necessary and reasonable measure which, when considered with all other conditions and requirements, is roughly proportional to the increased impact created by the use represented in the approved rezoning with rezoning conditions, taking into consideration the changed zoning district classification and the specific use authorization granted.
(d) CR Plan shall mean a plan of the property which is the subject of a rezoning with rezoning conditions, prepared by a licensed civil engineer or architect, that may show the location, size, height, design, architecture or other measure or feature for and/or buildings, structures, improvements and features on, and in some cases adjacent to, the property. The details to be offered for inclusion within the CR Plan shall be determined by the applicant, subject to approval of the City Council after recommendation by the Planning Commission.
(Res. 06-285A. Passed 7-31-06.)