Pursuant to MCL 125.286i, the City Council, following public hearing and recommendation by the Planning Commission, may approve a petition for a rezoning with rezoning conditions requested by a property owner.
(a) Required Information. As an integral part of the conditional rezoning, the following shall be reviewed and may be approved:
(1) CR Plan. A CR Plan, with such detail and inclusions proposed by the applicant and approved by the City Council in accordance with this chapter, following recommendation by the Planning Commission. The CR Plan shall not replace the requirement for Site Plan review and approval, or subdivision or condominium approval, as the case may be.
(2) Statement of rezoning conditions. Rezoning conditions, as defined for purposes of this chapter, which shall be required by the City Council following recommendation by the Planning Commission. Rezoning conditions shall not authorize uses or development not permitted in the district proposed by the rezoning (and shall not permit uses or development expressly or implicitly prohibited in the CR Agreement).
(3) CR Agreement. A CR Agreement, which shall be prepared by the City Attorney and the applicant (or designee) and approved by the City Council, and which shall incorporate the CR Plan and set forth the rezoning conditions, together with any other terms mutually agreed upon by the parties (including the minimum provisions specified in the definition of CR Agreement, above).
(b) Zoning Map Designation. If approved, the zoning district classification of the rezoned property shall consist of the district to which the property has been rezoned, accompanied by a reference to "CR Conditional Rezoning". The Zoning Map shall specify the new zoning district plus a reference to "CR" (for example, the district classification for the property might be RM-1 Low-Rise Multiple Family with CR, Conditional Zoning, with a zoning map designation of RM-1/CR) and use of the property so classified and approved shall be restricted to the permission granted in the CR Agreement, and no other development or use shall be permitted.
(c) Use of Property. The use of the property in question shall, subject to subsection (i) below, be in total conformity with all regulations governing development and use within the zoning district to which the property has been rezoned, including, without limitation, permitted uses, lot sizes, setbacks, height limits, required facilities, buffers, open space areas, and land use density; provided, however, the following shall apply:
(1) Development and use of the property shall be subject to the more restrictive requirements shown or specified on the CR Plan, and/or in the other conditions and provisions set forth in the CR Agreement, required as part of the conditional rezoning approval, and such CR Plan and conditions and CR Agreement shall supersede all inconsistent regulations otherwise applicable under the Zoning Code.
(d) Review and Approval Criteria. The applicant shall have the burden of demonstrating that the following requirements and standards are met by the CR Plan, rezoning conditions, and CR Agreement:
(1) Approval of the application shall accomplish, among other things, and as determined in the discretion of the City Council, the integration of the proposed land development project with the characteristics of the project area, and result in an enhancement of the project area as compared to the requested zoning change, and such enhancement would be unlikely to be achieved or would not be assured in the absence of the use of a conditional rezoning.
(2) Sufficient conditions shall be included on and in the CR Plan and CR Agreement on the basis of which the City Council concludes, in its discretion, that, as compared to the existing zoning and considering the site specific land use proposed by the applicant, it would be in the public interest to grant the rezoning with rezoning conditions; provided, in determining whether approval of a proposed application would be in the public interest, the benefits which would reasonably be expected to accrue from the proposal shall be balanced against, and be found to clearly outweigh the reasonably foreseeable detriments thereof, taking into consideration reasonably accepted planning, engineering, environmental and other principles, as presented to the City Council, following recommendation by the Planning Commission, and also taking into consideration the special knowledge and understanding of the City by the City Council and Planning Commission.
(e) Expiration. Unless extended by the City Council for good cause, the rezoning with rezoning conditions shall expire following a period of two years from the effective date of the rezoning unless construction on the development of the property pursuant to the required permits issued by the City commences within such two year period and proceeds diligently and in good faith as required by ordinance to completion.
(1) In the event the development has not commenced, as defined above, within two years from the effective date of the rezoning, the conditional rezoning, and the CR Agreement shall be void and of no effect. The property owner may apply to the City Council for a one year extension one time. The request must be submitted to the City Clerk before the two-year time limit expires. The property owner must show good cause as to why the extension should be granted.
(2) If development and/or actions are undertaken on or with respect to the property in violation of the CR Agreement, such development and/or actions shall constitute a nuisance per se. In such cases, the City may issue a stop work order relative to the property and seek any other lawful remedies. Until curative action is taken to bring the property into compliance with the CR Agreement, the City may withhold, or following notice and an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of such other lawful action to achieve compliance.
(f) City Action Upon Expiration. If the rezoning with rezoning conditions becomes void in the manner provided in above, then the City shall rezone the property in accordance with the Zoning Code procedures. Until such a time as a new zoning district classification of the property has become effective, no development shall be undertaken or permits for development issued.
(Res. 06-285A. Passed 7-31-06.)