Chapter 7
MUD Mixed Use District

3.701 Intent.

This district is dedicated solely to the former Clinton Valley Center premises (the “CVC property”), current and former General Motors/R.A.C.E.R. (Revitalizing Auto Communities Environmental Response) Trust property, or any other property that is similar in size. This district is designed to serve a variety of urban functions through the provision of a mixture of residential, office, light industrial, research and development, governmental, educational and low intensity commercial uses pursuant to the City’s comprehensive plan as amended. It is the intent of this section that the basic principles of good land use planning, including an orderly and compatible relationship between various uses, be maintained and that the sound zoning standards as set forth in this MUD and statutes concerning land use be maintained.

The specific goals which the MUD Mixed Use District (“MUD”) seeks to implement include the following:

A.    Provide for planned growth, which maintains the livability of the City;

B.    Maintain and encourage a diversity of housing;

C.    Provide commercial, education and recreational facilities and employment opportunities conveniently located in relation to housing;

D.    Promote efficiency and economy in the use of land and energy, in the development of land, and in the provision of public services and facilities;

E.    Create new and innovative residential, industrial and commercial development opportunities.

This designation is intended to encourage the development of traditional neighborhoods through a coordinated land use pattern of residential, office, research and development, and local commercial uses. Upper floor residential above retail or office is encouraged. It is further the intent of this district to promote excellence in the use of land and the design of buildings and sites, maintain the existing natural features, ensure compatible land use, and improve the visual image for safe vehicular and pedestrian movement.

(Ord. No. 2291, § 1(E), 6-27-13)

3.702 Principal Permitted Uses and/or Exceptions.

Subject to the applicable standards, requirements and other provisions of the MUD and subject to final site plan review by the Planning Commission:

A.    One-family dwellings detached or attached, two family or townhouse, or multiple family dwellings, aesthetically compatible in design and appearance within the MUD.

B.    Residential dwellings as the exclusive occupant of a lot or as a mixed use with a permitted non-residential use.

C.    Neighborhood public parks, libraries, playgrounds, recreational facilities and community facilities primarily for the use of neighborhood residents.

D.    Public and private; pre-school, elementary, middle and high schools.

E.    Training and/or educational schools licensed by the State of Michigan, where such schools are designed and intended to provide training at the business, technical, or professional level.

F.    Any Principal Permitted Use allowed in the C-1 Local Business District.

G.    Utility structures, Tele-Communication facilities such as electrical receiving or transformer stations, radio and television broadcasting stations, wireless communication equipment, public service buildings and uses (without storage yards), as required to provide necessary services to the businesses and residents in the immediate vicinity. However, such facilities shall be setback from residential uses a distance equal to their height.

H.    Research, Development and Light Industrial Uses. It is recognized by this MUD that the value to the public of designating certain areas of this District for a compatible mixture of uses within a campus type environment is represented in the employment opportunities to the citizens and the resultant economic benefits to the City. These Uses are characterized by an insignificant amount of such nuisance factors as noise, heat, glare, and the emission of air pollutants and are permitted no less than 50 feet from any residential use and all products or equipment shall be stored within enclosed buildings.

1.    Any use which is charged with the principal business function of research, such as scientific, business, industrial research developments, training centers, and testing laboratories.

2.    The manufacturing, compounding, processing, or treatment of such products as drugs, pharmaceuticals, and medical devices.

3.    Assembly of merchandise such as electrical appliances, electronic or precision instruments, and articles of similar nature.

4.    Manufacturing of machine vision systems, robotics, automated testing and manufacturing systems, drugs, jewelry, musical instruments, sporting goods, glass products, small household appliances, electronic and fiber optic products, cameras and photographic equipment and supplies, printed matter, and other similar uses.

5.    Any other Principal Permitted Use allowed in the IP-1 Industrial Park District.

I.    Unimproved Open Space.

1.    Woodlands.

2.    Wetlands.

3.    Undeveloped Portions of Floodplains.

J.    Improved Open Space.

1.    Public or private playgrounds, picnic areas, water sports areas, and similar outdoor recreation areas.

2.    Educational facilities, such as zoological gardens, wilderness preserves and sanctuaries, botanical gardens and arboretums which necessarily include open space as an integral part of the facility.

K.    Business, professional and medical offices.

L.    Banks, credit unions, and savings and loan associations.

M.    Personal service establishments, such as, but not limited to, repair shops (watches, radio, television, shoes, etc.), tailor shops, beauty parlors, barber shops, interior decorators, photographers and dry cleaners.

N.    Sidewalk cafe service, operated by a restaurant or other food establishment which sells food for immediate consumption, subject to the following:

1.    An application depicting the location and layout of the cafe facility shall be submitted to the Office of Land Use and Strategic Planning for review, prior to an occupancy permit being granted by the Building Department. The permit shall remain in effect, unless there is a change in ownership or the operation of the cafe fails to meet the standards contained herein.

2.    A sidewalk cafe may be located in front or adjacent to the establishment. A sidewalk cafe that extends beyond the applicant’s property lines shall require the permission of the affected property owners.

3.    Sidewalk cafes shall be located on a public sidewalk only by approval of the City Engineering Division and in accordance with the City Subdivision Code.

4.    A sidewalk cafe shall be allowed during normal operating hours of the establishment.

5.    The exterior of the premises shall be kept clean, orderly and maintained or the permit may be revoked. All food preparation shall be inside the premises.

6.    The City shall not be held liable or responsible for any type of damage, theft or personal injury, which may occur as a result of a sidewalk cafe operation.

7.    All sidewalk cafes shall comply with applicable regulations of the County Health Department and the State.

O.    Child Day-Care Centers subject to the following:

1.    The property is maintained in a manner that is consistent with the character of the neighborhood and surrounding uses.

2.    A separate drop off and pick up area shall be provided adjacent to the main building entrance, located off a public street and the parking access lane and shall be of sufficient size so as not to create congestion on the site or within a public roadway.

3.    There shall be an outdoor play area of at least five hundred (500) square feet provided on the premises. Said play area shall not be located within the front setback.

4.    An ornamental fence that is designed to discourage climbing and is at least four feet high but no higher than six (6) feet shall enclose all outdoor play areas.

5.    Appropriate licenses with the State of Michigan shall be maintained.

P.    Housing for the Elderly, subject to the following conditions:

1.    All housing for the elderly shall provide for the following:

a.    Cottage-type dwellings and/or non-rental apartment-type dwelling units; and,

b.    Activity space, including, but not limited to, central dining rooms, library/reading rooms/barber/ beauty shops, card rooms, recreational rooms, central lounges and workshops.

2.    All developments shall have a density consistent with the approved overall density of the development.

3.703 Permitted Accessory Uses.

A.    Permitted accessory uses as specified in the Development Agreement.

B.    Off-Street parking and loading.

C.    Home occupations subject to the requirements of Section 2.536.

D.    Any use customarily incidental to the permitted principal use.

3.704 Area, Height, Bulk and Placement.

Area height, bulk and placement regulation as specified in the Development Agreement.

A.    Minimum District Size shall be 200 gross acres.

B.    The Residential Community shall occupy approximately 126 acres in the southern portion of the District, as designated on the conceptual Site Plan, that was prepared on December 14, 2000 for review and approved by the City Council and then revised on January 22, 2001 and labeled a Neo-Traditional Neighborhood Plan for use in this MUD. The Mixed Use Residential development will not exceed a density greater than 5 Units per Gross Acre or approximately 630 Residential Units. Approximately 50% of the 630 Residential Units or approximately 300 units will be dedicated to Single Family Low Density Units; approximately thirty-five percent (35%) of the Residential Units or approximately 230 units will be Medium Density Housing Units; and approximately fifteen percent (15%) of the Residential Units or approximately 100 units will be Higher Density Housing Units.

C.    Mixed Use/Commercial/Office Uses. No more than 50,000 square feet of floor area within the District shall be allocated to commercial and/or office uses.

D.    Research, Development and Light Industrial Uses. Maximum acreage allocated to research, development and light industrial uses shall not exceed 45% of the overall District. Located in the northern portion of the District per the Neo-Traditional Neighborhood Plan developed for use in this MUD and dated January 22, 2001.

3.705 Development Regulations.

Uses located within the MUD Mixed Use District are subject to the following development standards and regulations, in addition to standards set forth in the Development Agreement.

A.    Open Space Requirement and Computation. A minimum of ten percent (10%) of the gross area of the District shall be maintained as landscaped open space. All required setbacks may be included in the landscape computation; however, public or private street right-of-way and parking lots may not be included. These areas shall be planted and maintained in accordance with a landscape plan approved by the Planning Commission.

B.    District Access. Access to public roads for both pedestrians and vehicles shall be controlled in the interest of public safety. Each building or group of buildings and its parking or service area, shall be subject to the following restrictions:

1.    Provisions for circulation between adjacent parcels are required through coordinated or joint parking systems.

2.    Driveway placement must be such that loading and unloading activities will not hinder vehicle ingress or egress.

3.    When applicable, the primary access point into the District may be permitted to be via a rear access drive/alley to be shared by all adjoining uses. The drive shall be no less than twenty (20) feet wide within a twenty-five (25) foot easement and shall be subject to approval by the City Engineering Division.

C.    Pedestrian Pathways and Sidewalks. Vehicular access and circulation shall be planned to ensure safe pedestrian movement within the development. Pedestrian systems shall provide safe, all-weather, efficient, and aesthetically pleasing means of on-site movement and shall be an integral part of the overall District design concept. Pedestrian pathway connections to parking areas, buildings, other amenities and between on-site and perimeter pedestrian systems shall be planned and installed wherever feasible. All paths and sidewalks shall be in accordance with the City Subdivision Code.

D.    Signage. Signs in the MUD district shall comply with the requirements for signs in the C-2 district. See Article 5 for sign regulations.

E.    Lighting. All lighting shall conform to the requirements of this MUD, in order to maintain vehicle and pedestrian safety, site security, and accentuate architectural details. Architectural lighting, where used, shall articulate the particular building design, as well as provide the required functional lighting for safety of pedestrian movement.

F.    Landscaping/Greenbelts/Buffers/Screening Elements. All landscape features of the District shall ensure that the image of the City is promoted by the organization, unification and character of the Mixed Use District. A landscape plan shall be provided along with the Site Plan for the entire District.

G.    General District Design/Architectural Guidelines: It is the intent of this District to provide an environment of high quality and complementary building architecture and District design. Special emphasis shall be placed upon methods that tend to reduce the large-scale visual impact of buildings, to encourage tasteful, imaginative design for individual buildings, and to create a complex of buildings compatible with the streetscape.

H.    Screening of Exterior Electrical Equipment and Transformers.

1.    Transformers that may be visible from any primary visual exposure area shall be screened with either plantings or a durable non-combustible enclosure, which are unified and harmonious with the overall architectural theme.

2.    Exterior-mounted electrical equipment shall be mounted on the interior of a building wherever possible, or shall be located where it is substantially screened from public view. Such equipment shall never be located on the street side or primary exposure side of any building.

I.    Utilities and Communication Devices.

1.    All exterior on-site utilities, including but not limited to drainage systems, sewers, gas lines, water lines, and electrical, telephone, and communication wires and equipment, shall be installed and maintained underground whenever possible.

2.    On-site underground utilities shall be designed and installed to minimize disruption of off-site utilities, paving, and landscaping during construction and maintenance.

3.706 Development Agreement.

No development shall proceed within the District without the execution of a mutually acceptable Development Agreement between the City and the designated developer of the CVC Property. The Development Agreement shall specify the uses permitted, all regulations and requirements to ensure protection of the health, safety and welfare of the citizens, a quality development, and the responsibilities of the developer and the City. Strict adherence to the terms of the Development Agreement shall be required.

I addition to the design guidelines specified above the Development Agreement shall address the following items in detail:

A.    Site Plan Review according to the requirements of this Zoning Ordinance.

B.    Building elevations / Pattern book, materials used, facade treatments including windows, porches etc. Building placement, area, height, bulk and placement regulations.

C.    Trash Receptacles – location and screening.

D.    Conformance with the City’s Land Use Plan.

E.    A phasing plan if the project is proposed to be constructed in phases. Each phase should be capable of standing on its own in terms of services, facilities and shall contain the necessary components to ensure protection of the health, safety and welfare of the residents.

F.    The relative mix of different uses and the scheduled completion of construction dates.

3.707 Planning Commission Review and Decision.

The Planning Commission shall review and approve or reject the proposed District plans of all proposed project development, in accordance with the standards and requirements of this MUD and the Development Agreement.