A proposed open space preservation project shall comply with the following project design standards.
(A) The open space preservation option is applicable only in the Rural Residential District and restricted to residential development.
(B) Unless specifically waived or modified by the Planning Commission, and excepting the minimum lot area, all zoning ordinance dimensional requirements for the underlying zoning district and other city regulations shall remain in full force.
(C) The developer shall maintain a minimum of 20% of the gross area of the site as dedicated open space. Land dedicated for open space does not include a golf course, street rights-of-ways, unbuildable land areas, or submerged land areas but may include a recreational trail, picnic area, children’s play area, greenway, or linear park. The dedicated open space may be, but is not required to be, dedicated to the use of the public.
(D) The number of dwelling units allowable within an open space preservation project shall be determined in the following manner: The applicant shall prepare and present to the Planning Commission a design of the area that is consistent with the existing city zoning requirements. The Planning Commission shall review the design and determine the number of lots that could be feasibly constructed on the property. This number, as determined by the Planning Commission, shall be the maximum number of dwelling units allowable for the open space preservation project.
(E) To encourage flexibility and creativity consistent with the open space preservation concept, the Planning Commission may grant specific departures from the requirements of the zoning ordinance for yard, lot, and bulk standards as a part of the approval process. Any regulatory modification approved by the Planning Commission shall result in a higher quality of development than would be possible using conventional zoning standards. The regulatory modifications are not subject to variance approval of the Zoning Board of Appeals. No part of an open space preservation site plan may be appealed to the Zoning Board of Appeals.
(F) The dedicated open space shall be set aside by the developer through an irrevocable conveyance that is found acceptable to the Planning Commission, such as:
(1) Recorded deed restrictions in perpetuity;
(2) Covenants that run perpetually with the land;
(3) A conservation easement established per the state’s Natural Resources and Environmental Protection Act, Publi Act 451 of 1994, being M.C.L.A. §§ 324.2140 et seq.; and
(4) Deeded property to the city.
(G) Such conveyance shall assure that the open space “will be protected from all forms of development and shall never be changed to another use.” Such conveyance shall:
(1) Indicate the proposed allowable use(s) of the dedicated open space;
(2) Require that the dedicated open space be maintained by parties who have an ownership interest in the open space;
(3) Provide standards for scheduled maintenance of the open space; and
(4) Provide for maintenance to be undertaken by the city in the event that the dedicated open space is inadequately maintained, or is determined by the city to be a public nuisance, with the assessment of costs upon the property owners of the development.
(H) The dedicated open space shall forever remain open space, subject only to uses set forth on the approved site plan. Further subdivision of open space land or its use for other than recreation or conservation shall be strictly prohibited.
(I) Accessory structures related to a recreation or conservation use may be erected within the dedicated open space, subject to the approved open space preservation site plan. These accessory structures shall not exceed, in the aggregate, 1% of the total required open space area.
(J) Direct access onto a public road shall be required for all developments receiving approval under the open space preservation option.
(K) The developer shall be responsible for construction of roads providing access into and circulation within the new development.
(L) The development shall be designed to promote the preservation of natural features. If animal or plant habitats of significant value exist on the site, the Planning Commission, as a condition of approval, may require that the open space preservation site plan preserve these areas in a natural state and adequately protect them as nature preserves or limited-access areas.
(Prior Code, § 1282.03) (Ord. passed 11-12-2009)