Chapter 7
MUD Mixed Use District
3.701 Intent.
The Michigan Zoning Enabling Act, PA 110 of 2006, as amended, authorizes the creation of one or more planned development districts designed to achieve specific objectives of the Zoning Ordinance and implement the goals and policies of the Master Plan.
The Mixed Use District (MUD) is a planned district that may be applied for in any district as set forth herein. The MUD District is dedicated 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 the City determines, in its sole discretion, will advance the goals and policies of the Master Plan and meet the intent of this district. 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 Master 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.
It is the intent of the MUD District 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 uses are encouraged. It is further the intent of this District to encourage the use of land in accordance with its character and adaptability, promote excellence in the design of buildings and sites, maintain the existing natural features and natural resources, ensure compatibility of design and use between neighboring properties, and to encourage safe vehicular and pedestrian movement within the development. The MUD is designed to give the City and applicant more flexibility than would be allowed under the existing zoning, and encouraging development of property according to its unique characteristics.
The specific goals which the MUD Mixed Use District (“MUD”) seeks to implement include the following:
A. Provide for planned growth that will result in long-term contribution to social, economic, and environmental sustainability and overall 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;
F. Encourage flexibility in design and use that will result in a higher quality of development and a better overall project than would be accomplished under conventional zoning, and which can be accommodated without sacrificing established community values;
G. Encourage the use, redevelopment and improvement of existing sites where current ordinances do not provide adequate protection and safeguards for the site or its surrounding areas, or where current ordinances do not provide the flexibility to consider redevelopment, replacement, or adaptive re-use of existing structures and sites.
(Ord. No. 2291, § 1(E), 6-27-13; Ord. No. 2409, 5-2-23)
3.702 Procedure for Review and Approval.
A. The granting of a MUD application shall require a rezoning by way of amendment to this chapter upon the recommendation of the Planning Commission and approval of the City Council. The procedure for rezoning is that which is authorized by the Zoning Enabling Act (Public Act 110 of 2006, as amended), as contained in Section 503.
B. Prior to the submission of an application for planned unit development approval, the applicant, with appropriate experts, shall meet with the Planning Department, together with applicable City staff and consultants. The applicant shall present at such conference, or conferences, a sketch plan of the proposed mixed use development meeting the requirements set forth in Section 6.208, as well as the following information:
1. Total number of acres in the project;
2. A statement of the number of residential units, if any, the number and type of nonresidential units, and the number of acres to be occupied by each type of use;
3. The known deviations from ordinance regulations to be sought;
4. The number of acres to be preserved as open or recreational space; and
5. All known natural resources and natural features and/or historic resources and historic features to be preserved.
C. Following the meeting with the Planning Department, an applicant may request a pre-application review of the rezoning application and site plan prior to submittal of a formal application with the Planning Commission. The scheduling of a review by the Planning Commission shall be subject to the availability of time on the agenda or determined by the Chairperson of the Planning Commission.
D. The applicant shall submit to the Planning Department copies of a sketch plan conforming with the requirements set forth in Section 6.208. This plan shall constitute an application to amend this chapter and shall be noticed for public hearing before the Planning Commission. With and in addition to the regular report submitted by the Planning Commission in connection with a rezoning application, the Planning Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the project, including, without limitation, recommendations with respect to matters on which the City Council must exercise discretion and shall review the application and shall take one of the following actions:
1. Approval. Upon finding that the application meets the criteria set forth in the intent of this section, the Planning Commission may recommend final plan approval to the City Council.
2. Approval With Changes or Conditions. The Planning Commission may recommend to the City Council conditional approval, subject to modifications as performed by the applicant. These conditions may include review and approval of easements and rights-of-way instruments by the Building Department, Assessor’s Office, City Attorney, or City planning and engineering consultants.
3. Postponement. Upon finding that the application does not meet the criteria set forth in this intent of this section, but could meet such criteria if revised, the Planning Commission may recommend postponing action to the City Council until a revised final plan is submitted.
4. Denial. Upon finding that the application does not meet the criteria set forth in the intent of this section, the Planning Commission shall recommend denial of the application to the City Council.
5. Request Changes. If the Planning Commission requests changes, the applicant shall submit the revised drawings and/or information within the time frame expressly approved by the Planning Commission. Failure to submit the revised plans and/or information within the requisite time frame shall void all prior approvals.
E. Upon receiving a recommendation from the Planning Commission a public hearing shall be scheduled before the City Council, at which time Council will consider the proposal along with the recommendations of the Planning Commission, the City staff, and comments of all interested parties. The City Council shall then take action to approve, approve with conditions, deny, or refer back to the Planning Commission the application for rezoning to MUD, MUD sketch plan and development agreement. The City Council shall set forth in their resolution the reasons for such action, including reasons for approval, conditional approval, postponement, denial, or referral back to the Planning Commission.
F. Following approval by the City Council, and the signing of the plans, the City Planner shall amend the City zoning map to reflect the MUD approval by amending the zoning designation. Final site plan approval in accordance with Chapter 2, Site Plan, shall be required for an approved MUD project. Final site plan approval may be submitted in phases, as set forth in the development agreement with consideration for required improvements.
(Ord. No. 2409, 5-2-23)
3.703 Mixed Use District (MUD) Conditions.
A. Reasonable conditions may be required by the Planning Commission and City Council before the approval of a MUD, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment, and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. The conditions of approval may be drafted in writing, specifying conditions of approval and use. Conditions may stipulate that the MUD may only be used for selective land uses, provided the restraints advance (rather than injure) the interests of adjacent landowners; are a means of harmonizing private interests in land, thus benefiting the public interest; are for the purposes of ensuring that the MUD fulfills the purposes and intent of this section and thus, benefits the public interest; and/or possess a reasonable relationship to the promotion of the public health, safety, and welfare.
B. Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole; reasonably related to the purposes affected by the MUD; and necessary to meet the intent and purpose of this chapter and be related to the objective of ensuring compliance with the standards of this chapter. All conditions imposed shall be made a part of the written record of the final plan that shall include a site plan and written development agreement signed by the City Mayor and the applicant.
C. In the event that conditions set forth herein are not complied with, then the Mayor shall have the right to compel a show cause hearing by the Planning Commission or issue a violation pursuant to Section 6-704. At the show cause hearing, additional conditions may be imposed by the City and/or a new MUD application required.
(Ord. No. 2409, 5-2-23)
3.704 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 nonresidential use.
C. Neighborhood public parks, libraries, playgrounds, recreational facilities, and community facilities primarily for the use of neighborhood residents.
D. Public and private preschool, 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, telecommunication 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 set back 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 150 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 of 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 unless otherwise stated in the development agreement approved by City Council.
3. There shall be an outdoor play area of at least 500 square feet provided on the premises. Said play area shall not be located within the front setback unless otherwise stated in the development agreement approved by City Council.
4. An ornamental fence that is designed to discourage climbing and is at least four feet high but no higher than six 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 nonrental 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.
(Ord. No. 2409, 5-2-23. Formerly 3.702)
3.705 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.
(Ord. No. 2409, 5-2-23. Formerly 3.703)
3.706 Area, Height, Bulk and Placement.
A. For areas dedicated to the former Clinton Valley Center premises (the “CVC” property) and current or former General Motors/R. A. C. E. R. (Revitalizing Auto Communities Environmental Response) Trust property, the following area, height, bulk, and placement regulations as specified in the development agreement shall apply:
1. Minimum district size shall be 200 gross acres.
2. 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 five units per gross acre or approximately 630 residential units. Approximately 50 percent of the 630 residential units or approximately 300 units will be dedicated to single-family low-density units; approximately 35 percent of the residential units or approximately 230 units will be medium density housing units; and approximately 15 percent of the residential units or approximately 100 units will be higher density housing units.
3. 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.
4. Research, Development and Light Industrial Uses. Maximum acreage allocated to research, development and light industrial uses shall not exceed 45 percent of the overall district. These uses shall be 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.
B. For all properties, other than those designated in Section 3.705(A), area, height, bulk, and placement regulations shall be specified on the MUD site plan and development agreement. The Planning Commission and City Council may use reasonable discretion in evaluating the area, height, bulk, and placement regulations proposed by the applicant based upon Zoning Ordinance standards for similar uses.
C. The residential community of single-family, two-family, and multiple-family uses may occupy a minimum of 25 percent and a maximum of 90 percent of the total floor area of all structures in the entire mixed use development. This floor area calculation does not include the area of any accessory structures within the development. The City Council may grant a deviation from the requirement upon a finding that the mix of uses is consistent with the Master Plan and provides overall benefit to both the uses of the project and the City as a whole.
(Ord. No. 2409, 5-2-23. Formerly 3.704)
3.707 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 15 percent 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. Up to 50 percent of the required open space may be included in a public plaza element or elements. “Public Plaza” for purposes of this section is defined as “a community amenity or space that serves a variety of users including building tenants, visitors, and members of the public.”
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 20 feet wide within a 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 constructed 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 noncombustible 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.
(Ord. No. 2409, 5-2-23. Formerly 3.705)
3.708 Development Agreement.
No development shall proceed within the district without the execution of a mutually acceptable development agreement between the City and the applicant. The development agreement shall be drafted in a form acceptable to the City Attorney and 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.
In 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. Improvements to be covered by performance guarantee, the amount required to guarantee completion of the improvements plus an administrative fee in an amount approved by the City Council, and the time for completion of the improvement.
G. The relative mix of different uses and the scheduled completion of construction dates.
(Ord. No. 2409, 5-2-23. Formerly 3.706)
3.709 Planning Commission Review and Decision.
If an application for a site plan amendment for a project located in areas zoned MUD at the time of passage of the ordinance codified in this chapter is submitted, the Planning Commission shall review and approve or reject the proposed district plans of all proposed project developments, in accordance with the standards and requirements of this MUD and the development agreement.
For proposed projects that are not zoned MUD at the time of passage of the ordinance codified in this chapter, the Planning Commission shall make a recommendation to the City Council on the zoning map amendment along with the MUD sketch plan and development agreement.
(Ord. No. 2409, 5-2-23. Formerly 3.707)