Beulah Michigan, Northern Michigan's Water Playground

CONTENTS

ARTICLE VII- HOUSING CLUSTER OPTION

7.1 PURPOSE AND INTENT

Purpose and Intent. This overlay option may be employed as a vehicle to vary the strict requirements of the RC District, and the applicable Crystal Lake Watershed Overlay Regulations, thus allowing for variations in density, lot area, lot width, setback, building height, and housing types. It is the intent of this Option to provide incentives in the form of density bonuses and greater flexibility in the design and arrangement of housing units provided large areas of the site are preserved in their existing natural wooded and topographic state, thus reducing soil erosion and the potentially adverse impacts on the water quality of Crystal Lake that may result from soil erosion and the improper management of storm water.

7.2 QUALIFYING CONDITIONS

Qualifying Conditions. In order to qualify for Housing Cluster Option consideration, all of the following conditions shall be satisfied:

A. Recognizable and Substantial Benefits. The Housing Cluster Option shall result in recognizable and substantial benefits to the ultimate users of the project and to the Village, where such benefits would otherwise be unlikely to be achieved under the regulations of the underlying Residential Conservation District. The following benefits shall accrue from the Housing Cluster Option Plan:

1. The long-term protection and preservation of open space and valuable natural resources, in particular, steep slopes, woodlands, shorelines, lakes, and wetlands.

2. The siting of structures and roads so as to leave substantial areas free from grading and development of any kind, especially where they correlate with steep slopes that are susceptible to soil erosion.

B. Minimum Site Area. The minimum site area necessary to be considered for the Housing Cluster Option shall be three (3) acres.

C. Unified Control of Property. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this Ordinance and the conditions of the Housing Cluster Option approval.

D. Utilities. The Housing Cluster Option shall be serviced by public sewer and water systems, if available, or DEQ/Health Department approved community cluster systems.

7.3 VARIATIONS PERMITTED

The following standards represent the maximum and minimum development standards allowed in the RC District as part of a Housing Cluster Option, provided the requirements, standards, objectives and procedures of this Section are satisfied. All of the requirements of the Crystal Lake Watershed Overlay Regulations that are not specifically varied below, in subparagraphs of this paragraph, shall continue to apply.

A. Maximum Density. Density shall be based on slope categories. The maximum number of dwelling units permitted shall be the sum of the number of dwellings allowable per existing slope category, rounded to the nearest whole number, as follows:

Existing Slope Category Maximum Density Per Category

0 to 17 Percent 2.00 Units per Acre

18 to 24 Percent 1.50 Units Per Acre

25 + Percent 1.00 Units Per Acre

Since the intent of this section is to avoid the development of, and thereby minimize the disruption of, steep wooded slopes, the number of dwelling units permitted by this density calculation shall be clustered so as to substantially occupy the least slope category.

B. Minimum Lot Area. The maximum number of units permitted shall be based on the density calculation in 7.3 (A), 1. In order to facilitate clustering, lot areas may be reduced provided they shall not be less than the following:

a. Five thousand (5,000) square feet for detached single-family dwellings, whether a subdivision or condominium subdivision.

b. Three thousand (3,000) square feet for attached single-family dwellings.

c. No minimum lot area is required for multiple-family dwellings.

C. Minimum Lot Width. Fifty (50) feet measured at the required front setback line.

D. Minimum Setbacks. All setbacks may be varied except that a minimum setback of twenty (20) feet shall be required from all property boundaries.

E. Maximum Structure Height. Thirty-five (35) feet.

F. Variations in Housing Type. In addition to detached single-family dwellings, the following dwelling types shall be permitted as principal uses in a Housing Cluster Plan:

a. Attached single-family dwellings including duplexes, and town houses.

b. Attached multiple-family dwellings including apartments and condominiums.

7.4 APPLICATION PROCEDURES

An application for a Housing Cluster Option shall be made on forms provided by the Zoning Administrator. The application shall be submitted by the owner of an interest in land for which Housing Cluster Option approval is sought, or by the owner's authorized agent. Housing Cluster Option applications shall be submitted in accordance with the following procedures and requirements, which provide for review and action by the Village Council.

A. Optional Pre-Application Conference. Prior to the submission of a formal Housing Cluster Option application for consideration of a Preliminary Development Plan, the applicant may request a meeting with the Village President and the Zoning Administrator, together with such consultants and local officials and staff as either the Village or the applicant deem appropriate. The purposes of the meeting will be to inform Village officials of the applicant’s intent, to determine whether the minimum eligibility requirements of a Housing Cluster Option are satisfied, and to provide the applicant with information regarding land development policies, procedures, standards, and the ordinance requirements of the Village as they might apply to the proposed project. Statements made in the course of a pre-application conference shall not constitute legally binding commitments on the part of either party. At the pre-application conference (or conferences), the applicant may present a general sketch plan, which provides an overview of the proposed project.

B. Preliminary Development Plan: Application, Public Hearing And Action.

1. Application. The applicant shall submit twelve (12) copies of the Preliminary Development Plan, written narrative, support documentation, and the application to the Zoning Administrator. The Preliminary Development Plan shall meet the submittal requirements of Section 7.5 of this Ordinance. The Preliminary Development Plan Application shall be submitted to the Zoning Administrator at least twenty-one (21) days prior to the date of the public hearing. The Zoning Administrator shall review the materials to determine whether they are complete. When complete, the Zoning Administrator shall forward copies to the Village Clerk and the Village Council.

2. Public Hearing. Once the application is deemed by the Zoning Administrator to be complete, the Village Council shall conduct at least one public hearing on the application. One notice of the public hearing shall be published in a newspaper of general circulation in the Village and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed with three hundred (300) feet of the boundary of the property, and to the occupants of all structures within 300 feet. Such notice shall be given not less than five (5) and not more than fifteen (15) days before the date the application will be considered by the Village Council. If the name of an occupant is unknown, the term “occupant” may be use in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than for (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. Notices shall contain the following:

Ø The place and time of the public hearing.

Ø A description of the nature of the request.

Ø A description of the property, which is the subject of the request.

Ø When and where written comments will be received concerning the request.

3. Review and Action. The Village Council shall review the Preliminary Development Plan application and public hearing comments, and shall approve, deny, or approve with conditions the Preliminary Development Plan. The decision shall be incorporated in a statement of conclusions relative to the Preliminary Development Plan. The Council shall prepare a report stating its conclusions on the Preliminary Development Plan, the basis for its decision, the decision, and any conditions relating to an affirmative decision.

4. Approval Standards. A Housing Cluster Option shall not be approved by the Village Council unless it conforms with the following standards:

a. All elements of the Plan shall be harmoniously and efficiently organized in relation to existing topography and the character of adjoining property.

b. The Plan shall be developed so as not to impede the normal and orderly development or improvement of surrounding property.

c. The landscape and natural landforms shall be preserved as specified by this Article VII of this Ordinance. Furthermore, there shall be a minimum disruption of steep wooded slopes and the number of dwelling units permitted shall be clustered to substantially occupy the least slope category.

d. The Plan shall fully comply with the requirements and standards of the County Drain Commissioner and the County Soil Erosion Control Officer regarding grading, storm water management, and soil erosion control.

e. The design of the Housing Cluster Option shall provide visual and sound privacy for all dwelling units within and surrounding the development, including appropriate perimeter setbacks and screening. Fences, walls, and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of the Plan’s occupants.

f. The configuration of buildings, driveways, and other improvements shall permit emergency access on all sides of buildings by some practical means satisfactory to the Fire Marshall. Every structure or dwelling unit shall have access to an approved street, walkway or other area dedicated to common use.

g. Loading and unloading areas and outside storage areas, including areas for the storage of trash, shall not be visible from residences or streets.

h. Signage, lighting, landscaping and building materials shall reflect an integrated development. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and streets.

i. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. All private streets and roads shall conform to the requirements of the Village of Beulah Private Road Ordinance, as amended.

j. The proposed Plan shall comply with the requirements of the County Health Department and, where applicable, the County Road Commission.

k. All utilities serving a Housing Cluster Option, including electric, telephone, and cable television lines, natural gas and propane gas lines shall be placed underground.

5. Conditions. The Village Council may attach conditions to the approval of a Preliminary Development Plan when such conditions:

a. Are necessary to insure that public services and facilities affected by the Plan will be capable of accommodating the increased service and facility loads caused by the project.

b. Will protect the natural environment and conserve natural resources and energy.

c. Will insure compatibility with the adjacent uses of land.

d. Will promote the use of land in a socially and economically desirable manner.

6. Record of Approval. The Zoning Administrator shall maintain a complete record of the approved Preliminary Development Plan and the approval process including the application, the written and graphic Preliminary Development Plan, the minutes of the Village Council meetings, public notices, mailing lists, and the conditions imposed by the Village Council. If subsequently approved, the application, plans, and proceedings of the Final Development Plan shall be incorporated and maintained as part of this record of approval.

7. Phasing. Where a project is proposed for construction in phases, it shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to insure protection of natural resources and the health, safety and welfare of the users of the Housing Cluster Option and residents of the surrounding area.

8. Extensions. A Final Development Plan application shall be approved and construction commenced for at least one phase of the Housing Cluster Option within two (2) years following Preliminary Development Plan approval or within two (2) years of any other necessary governmental approval required for commencement of the project. Upon written application prior to expiration, the Village Council may grant an extension for up to one additional year if there is good reason to believe that the applicant will commence substantial construction toward completion of a phase of the Plan within the approved timeframe. The applicant shall demonstrate to the satisfaction of the Village Council, that the project is feasible and marketable prior to receiving an extension.

9. Failure to Perform/Revocation. If an application for a Final Development Plan is not commenced within two (2) years following approval of a Preliminary Development Plan, construction has not commenced meaningfully toward completion, and a written extension prior to expiration has not been requested, the Zoning Administrator shall notify the applicant in writing of the expiration and revocation of the Preliminary Development Plan. The Village Council shall have the authority to revoke the Preliminary Development Plan in accordance with the following procedures:

a. Public Hearing. The Village Council shall conduct a public hearing in accordance with the notification and permit procedures of this Section.

b. Revocation. If, after taking testimony and reviewing the record, the Village Council determines that the applicant is unlikely to commence a project in accordance with the approved Preliminary Development Plan, the Council shall have the authority to revoke the Preliminary Development Plan. In the event the Council decides to revoke the application, it shall inform the applicant in writing and provide the applicant with the reasons for such revocation.

C. Final Development Plan/Site Plan Review

1. Application and Review. An application for a Final Development Plan shall be reviewed by the Village Council in accordance with the procedures established for Site Plan Review, Article XI, of this Ordinance.

2. Substantial Compliance Required. The Final Development Plan shall be in substantial compliance with the approved Preliminary Development Plan. Substantial compliance shall mean the following:

a. The number of residential living units has not increased or decreased by more than five percent from that approved in the Preliminary Development Plan;

b. The floor area of non-residential uses has neither been increased by more the five percent nor has the gross floor area of any individual building been increased by more than ten percent from that approved in the Preliminary Development Plan;

c. There has been no increase in the number of stories in any building;

d. Open space has not been decreased or altered to change its original design or intended use; and

e. All conditions attached to the Preliminary Development Plan by the Village Council have been incorporated into the Final Development Plan.

3. Failure to Comply. If the Final Development Plan is not in substantial compliance with the approved Preliminary Development Plan, the Zoning Administrator shall not forward the Final Development Plan to the Village Council for consideration.

4. Simultaneous Submittals. Applicants may combine the Preliminary Development Plan and Final Development Plan approvals for review by the Village Council by submitting all information required for both stages simultaneously.

7.5 SUBMITTAL REQUIREMENTS

A. Submittal Requirements for a Preliminary Development Plan. The Preliminary Development Plan shall include the following information:

1. Existing Conditions. The mapping and description of existing conditions including:

a. A legal description and the ownership of the property.

b. The number of acres broken down into buildable areas, unbuildable areas (i.e. ponds, lakes, streams, wetlands) and areas of public road right-of-way.

c. Mapping and descriptions of existing conditions including site topography, slope conditions by slope category, drainage patterns, unbuildable areas, floodplains, woodlands and other vegetated areas, existing land use and structures, existing zoning and such other information as may be relevant to the review of the plan.

d. Mapping and written descriptions of existing conditions surrounding and within two hundred (200) feet of the site including existing land use, historical and archaeological features, structures, roads, existing zoning, utilities, topography, and natural features that may have a relationship with the subject property.

e. The description and mapping of soils conditions and their suitability if DEQ/Health Department approved community cluster systems are to be employed.

2. Preliminary Development Plan. A Preliminary Development Plan graphic for the entire site plus a written narrative illustrating:

a. The location, number, density and height of residential units, the location and number of parking spaces, the location and dimensions of driveways, and the location and dimensions of other structures.

b. Approximate road and utility locations and sizes;

c. Generalized grading and drainage plans showing major cuts and fills and how and where drainage will be accommodated including the sizing and calculation of retention and detention areas;

d. The number of acres and the location of areas that are to remain undisturbed and permanently maintained in a natural state and preserved as open or recreational space and/or for natural feature, historical and archaeological and wildlife habitat preservation;

e. A description of the uses to be made of common open space, its proposed ownership and the instruments to be employed to irrevocably convey and maintain such open space;

f. Typical drawings and sketches which illustrate the proposed character of the development and the concepts and relationships of buildings to each other, to roads, to parking and to common open space areas and the proposed architectural style;

g. Generalized landscaping plans;

h. Generalized plans for signage and lighting including the location, size and character of signs and the type and character of lighting proposed;

i. A description of the requested variations from underlying zoning district standards and the rationale for approval of said variations;

j. A plan for the timing and phasing of development;

k. A statement of the covenants or other restrictions proposed for the regulation and governance of the development;

l. A description of other governmental approvals that are required or pending and the status of these approvals; and

m. A general summary of the expected impacts of the Housing Cluster Option and the measures proposed to mitigate such impacts including traffic, environmental, and other impacts.

n. Waivers. The Zoning Administrator may waive some of the submittal requirements of this Section if he or she finds that they do not apply.

B. Submittal Requirements For a Final Development Plan. A Final Development Plan, representing one phase of a Preliminary Development Plan, shall include all of the information required by Article XI, Site Plan Review, of this Ordinance. No grading, excavation, tree removal, filling, or construction of any kind shall be permitted until a Site Plan has been approved and a Zoning Permit has been issued by the Zoning Administrator.

7.6 FEES

There shall be an advance payment of fees at the time of filing of the Preliminary Development and Final Development Plans. The amount of such fees shall be as established by the Village Council by ordinance or resolution. Such fees may include the estimated costs of all consultants and attorneys contracted by the Village to review the Housing Cluster Option and insure conformance with this Ordinance.