(a) Purpose.
(1) The purpose of this Section is to provide an alternative means of development to the landowner on land which is residentially zoned that would create the same number of home sites, but cluster the homes on no more than 50 percent of the land, while leaving the unused land perpetually in an undeveloped state by means of a construction easement, plat dedication, restrictive covenant or other legal means that runs with the land as required by Section 4(f) of State Public Act 207 of 1921, as amended (the City and Village Zoning Act).
(2) These regulations are intended to provide flexibility in certain zoning requirements to preserve the natural features in open space that might be lost through more traditional subdivision development. Only land that is zoned at a density equivalent to 2 or fewer dwelling units per acre, or, if the land is served by a public sewer system, 3 or fewer dwelling units per acre, are eligible for application of the provisions of this Section.
(b) Definitions. For purposes of this Section, the following terms shall apply.
(1) Adjusted parcel acreage. Net parcel area after the acreage of all lakes, ponds, streams, 50 percent of regulated wetlands, property within a 100 year flood plain, public rights-of-way, and utility easements are deducted.
(2) Density. Equals the number of dwellings units situated on or to be developed on the adjusted acreage parcel. Density of a site shall be based upon the total dwelling unit count achieved from a concept layout plan prepared by the applicant and accepted by the City showing the subject site as a single family detached development meeting the design requirements established for the zoning district in which it is located. (Please refer to Section 1298.01, Schedule of Area Regulations.) Actual density shall also be determined by compliance with all setbacks, parking, open space and other site design requirements. The resulting development yield, determined through such computation shall be distributed throughout not more than 50 percent of the subject site's buildable area. All remaining land area shall perpetually remain in an undeveloped state pursuant to Section 1298.036(b)(3), below.
(3) Open Space Preservation Area. Any undeveloped land area within the boundaries of the parcel within an open space residential development, which is designed and intended to conserve on a permanent basis environmental features for the common use or enjoyment of the residence of the development or the public or dedicated to an agricultural use. Such open space may contain accessory structures and improvements appropriate for recreational purposes, as provided by ordinance, such as recreational trails, picnic areas, children's play areas, greenways or lineal parks. The following are not to be considered open space by this definition:
A. Golf courses;
B. The area of any street right-of-way proposed to be dedicated to the public;
C. Access easements for private roads or underground or overhead utilities;
D. The required setback surrounding an existing residential structure that is not located on an individual lot or condominium site;
E. Parking and loading areas.
(c) Eligibility Criteria. In selecting the open space overlay option, the applicant must present a proposal for residential development that meets each of the following:
(1) Open Space. To be eligible for open space overlay option, the proposed development shall contain at least 50 percent of the land area that will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restricted covenant, or other legal means that runs with the land.
(2) Unified Control. The proposed development shall be under single ownership or control such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.
(3) Protection From Development in Perpetuity. The applicant shall guarantee to the satisfaction of the City that all open space preservation areas will remain perpetually in their undeveloped state as required. Further, subdivision open space lands or their use for other than recreation, conservation, or agricultural shall be prohibited.
(4) Density Impact. The proposed type and density use shall not result in an unreasonable increase in the need for or impact upon public services, facilities, roads, and utilities in relation to the use or uses otherwise permitted in this zoning ordinance, and shall not place an unreasonable impact upon the subject site and surrounding land, surrounding property owners and occupants, and/or the natural environment.
(5) Community Master Plan. The proposed development shall be consistent with and further the implementation of the City Master Plan. as may be amended.
(d) Flexibility Allowances.
(1) Subject to the limitations specified below, the Planning Commission may grant specific departure from their requirements of the Zoning Code for yard setback, lot area and/or width, and bulk standards as part of the approval process to encompass flexibility and creativity consistent with the open space preservation concept, provided such modification results in enhanced buffering from adjacent land uses or public rights-of-way, or further preservation of natural features.
(2) Regulatory modifications are subject to variance approval by the Zoning Board of Appeals. Appeals from the open space community plan are to the Zoning Board of Appeals. Any deviation of an approved plan shall first require review by the Planning Commission. This provision shall not preclude an individual lot or dwelling unit owner from seeking a variance following final approval of an open space community, provided such variance does not involve alterations to open space areas as shown on the approved open space plan.
(3) A plan submitted in connection with the Section shall be subject to the following limitations:
A. The minimum floor area for all units constructed under this option shall be at least equal to the minimum floor area requirements for the single-family residential district in which the project is to be constructed.
B. The maximum number of units attached shall not exceed four (4) units per building. The maximum number of buildings allowed in any one (1) cluster shall not exceed four (4) buildings.
C. The exterior design of the structures shall be compatible with existing single family structures located in the general area of the project in regards to architectural style, size, overall floor area and heights. Variety in the design of individual units shall be provided by the use of design details, which do not appeal to be continuous or repetitious. An exterior design pattern, which is repetitious throughout the project, shall not be permitted.
D. Yard requirements shall be provided under this option as follows:
1. Spacing between groups of attached or between unattached buildings shall be equal to at least twenty-five (25) feet in the Residential Estates District, measured between the nearest points of adjacent buildings.
2. Any side of a building adjacent to a dedicated public right-of-way or private street or drive shall not be nearer to such public right-of-way or private street or drive than thirty-five (35) feet.
3. This nature of development, when abutting a front yard of an existing recorded subdivision which is not a part of the project plan submitted under this section, shall cause all dwelling units facing such subdivision to relate through its front or entrance facade and shall treat such side of the groupings as front yards.
4. No building shall be located closer than thirty-five (35) feet to the outer perimeter (property line) of the site.
E. The maximum height of buildings under this option shall be thirty-five (35) feet.
F. The location of open space preservation areas shall meet the following standards to the greatest extent feasible:
1. The open space is provided along a public street right-of-way to provide additional buffering from the traffic and enhance views from the roadway provided the open space along such right-of-way shall generally have a depth of at least fifty (50) feet.
2. The open space provides an ecological link to permanent open space in the surrounding lands and is located to connect open spaces, public parks or bicycle/pedestrian paths throughout the community.
3. The open space is designed and located to be contiguous to all or most of the dwelling units. Open access to required open space under the provisions of this section shall be provided.
4. All sensitive environmental feature areas, natural features and animal and plant habitats of significant value are included in the open space preservation areas and are adequately protected.
G. Where the proposed development abuts an existing conventional single family use, an orderly transition shall occur, if sufficient area exists within the parcel to allow it, using one or more of the following techniques:
1. Detached single family dwellings subject to the schedule of regulations;
2. Open or recreation space;
3. Changes in topography which provide an effective buffer;
4. A major or secondary thoroughfare.
H. Open space areas shall represent at least 50 percent of the subject site's adjusted parcel acreage.
(e) Plan Review Procedures.
(1) Review by the Planning Commission shall follow the standards, procedures and submittal requirements adopted by the City for approval of site plans, condominiums, platted subdivisions or land divisions, as may be applicable, and the criteria of Section 1298.036(f) below.
(2) In submitting a proposed layout under this section, the sponsor of the development shall include, along with the project plan, master deed documents, floor plans, topography drawn at two (2) foot intervals, main floor grade elevations relative to the existing topography, all computations relative to acreage and density, and any other details which will assist in reviewing the proposed plan.
(3) All land not intended to be conveyed to individual dwelling unit owners under this option shall be protected by conservation easements, plat dedications, restrictive covenants, or other legal means which runs with the land and which prohibits their development in perpetuity. Such legal means must be approved by the City Attorney to assure such unused land remains perpetually in an undeveloped site. The City may require the inclusion of open space restrictions that prohibit the following:
A. Dumping or storing of any materials or refuse;
B. Activity that may cause a risk of soil erosion or threaten any living plant material;
C. Cutting or removal of live plant material except for removal of dying or diseased vegetation;
D. The use of motorized off-road vehicles;
E. Cutting, filling or removal of vegetation from wetland areas;
F. Use of pesticide, herbicides, or fertilizers within or adjacent to wetlands.
(f) Approval Criteria. Approval of a proposed development shall be predicated upon a positive finding that all of the following criteria have been met:
(1) The design shall promote the goals, objectives, and policies of the City Master Plan;
(2) Open space areas shall be provided in suitable locations that offer convenient access by residents and adequate screening from nearby dwelling units;
(3) Natural assets, wildlife habitat areas, or sites having historic archaeological or cultural value shall be protected;
(4) Individual lots, buildings, and roadways, and open space areas shall be designed to minimize the alteration of environmental site features;
(5) The design of structures shall be compatible with existing single-family structures located in the general area in terms of architectural style, size, overall floor area, building height and neighboring building orientation;
(6) Clustering of the dwelling units shall occur in a manner which preserves the basic amenities and qualities normally associated with single-family living (such as, but not limited to, privacy, personal open space, and adequate natural lighting and ventilation) while allowing for innovative site layout and open space areas.
(Ord. 767. Passed 11-20-02.)