§ 22.05. MAJOR INDUSTRIAL FACILITY REDEVELOPMENT OPTION (IFR).

A. Intent.

1. The intent of the Major Industrial Facility Redevelopment Option is to provide optional flexible design standards for distressed and/or obsolete major industrial facilities and properties, zoned M-1 Light Industrial or M-2 Heavy Industrial consistent with the city Master Land Use Plan, while providing stability and longevity for the economic development of the city.

2. The Major Industrial Facility Redevelopment Option is intended to provide for the development of high intensity, multi-purpose centers upon major industrial facility sites of 12 acre minimum in size, with not less than 150,000 square feet of existing buildings on the existing site through comprehensive planning, zoning, and project review. The regulations under this development option are designed to encourage innovation and variety in the design and placement of highly concentrated, integrated and diversified functions, while ensuring compatibility between uses and adjacent forms of developments, through the review process. Unless specifically modified by the IFR Option regulations, redevelopment must comply with standards of the underlying zoning designation. In the event of a conflict between the standards of the underlying zoning and those of the IFR Option, the standards of the IFR Option shall control.

B. General Requirements.

1. Uses Permitted.

a. All uses permitted as principal uses and special approval land uses subject to applicable special conditions permitted in the TRO, O-R, M-1 and M-2 districts, except for the following uses:

Ambulance service dispatch centers, new/used vehicle sales and leasing, auto service centers and reconditioning establishments, automobile repair garages, recreational vehicle storage, automobile impound lots, firearm and archery ranges, kennels, veterinary clinics, junk yards, refuse and garbage incinerators, refuse transfer and recycling stations, concrete and asphalt plants and crushing operations shall be excluded.

b. Hotels (two or more stories)

c. Restaurants (excluding fast food restaurants), subject to the following:

(1) The use shall not have drive-in, drive-through, or in-car service. Carry-out service may be permitted provided it is a minor part of the restaurant service (40% or less of total sales)

(2) The building shall be designed to be an integral part of, or as a compatible accessory use to, an existing or proposed IFR Option area. The layout of the proposed use shall be designed to encourage pedestrian traffic from the nearby uses.

(3) No freestanding restaurant shall be located within 500 feet of another freestanding restaurant, except if such uses are separated by a public thoroughfare of not less than 120 feet of right-of-way.

d. Accessory buildings and uses customarily incidental to principal permitted uses enumerated above.

2. Redevelopment Standards.

a. Freestanding buildings and uses, apart from major building complex or elements, may be permitted following the finding that the form and location of the subject freestanding building or buildings and the land uses contained in them are reasonably necessary for the proper functioning of the IFR area.

b. The exterior of all newly erected buildings shall be constructed of brick and/or stone building materials or other similar durable, decorative building materials as may be approved by the Planning Department, subject to any additional requirements set forth in Section 26.01, paragraph H. Additions and renovations to existing buildings and structures shall be consistent with these requirements or the architecture and materials used on the existing buildings and structures that are to remain on the parcel. The architecture and exterior finish of any newly erected building shall be complementary and compatible in style and be of uniform finish on all sides of its exterior.

C. Location and Site Standards.

1. Area and Bulk Requirements of Redeveloped Parcel under IFR Option.

a. Minimum parcel size:

Restaurant use: 1 acre

Hotel, TRO, or O-R use: 3 acres

M-1 or M-2 use: 10 acres

b. Maximum height of any structure: None. When the building height exceeds 50 feet, yard setbacks to any points of the building which exceed 50 feet shall be increased one foot for each additional foot of building height over 50 feet.

c. Minimum building floor area: None

d. Minimum yard setback per lot:

(1) Front and street-side setbacks shall be measured from the centerline of each road right-of-way (R.O.W.) in accordance with the city's Master Road Plan, as follows:

Distance from centerline:

(a) Regional (204' R.O.W.): 137 feet.

(b) Regional (150' R.O.W.): 110 feet.

(c) Major: 95 feet.

(d) Secondary: 78 feet.

(e) Collector: 70 feet.

(f) Local: 65 feet.

(g) Cul-de-sac: 95-foot radius.

(h) Freeway: 35 feet.*

(i) Private roads: 35 feet.**

* Freeways shall be measured from the established right-of-way line.

** In the case of private roads, the front yard setback shall be measured from the road easement or common usage line abutting the subject lot.

The required front yard shall be landscaped and maintained thereafter in a neat and orderly condition. Driveway approaches, but not driveways, shall be permitted in the required front yard.

If the existing right-of-way is greater than shown on the Master Road Plan, the front yard setback (or street-side setback) as measured from the centerline of the right-of-way shall be equal to one-half of the actual right-of-way of the street, plus 35 feet for all classes of roads.

(2) Side: 15 feet are required along the interior side lot lines. No building shall be located closer than 50 feet and no storage or parking shall be located closer than 20 feet from the outer perimeter (property line) of such district when such property line abuts any residential district.

(3) Rear: 35 feet. No building shall be located closer than 50 feet and no storage or parking shall be located closer than 20 feet from the outer perimeter (property line) of this district when such property line abuts any residential district.

e. Maximum lot coverage. The maximum lot coverage shall be governed by meeting all of the requirements for yard space, landscaping, screening, off-street parking and loading. The locations of buildings and uses and distances between buildings shall be as shown on the approved site plan.

2. Parking.

a. The Planning Department may permit a reduction of the parking requirement for the development of IFR area parcels by an amount not to exceed 10%, subject to the following:

(1) A landscaped reserve area capable of accommodating the required number of parking spaces shall be specified on the site plan that could accommodate an expansion of the existing parking facilities in the future if required. The developer shall execute an agreement, in a form satisfactory to the city, that will obligate the property owners to install additional parking at the city's request if the need arises;

(2) Any such provisions for installation of additional parking shall be set forth in a recordable instrument recorded at the office of the Macomb County Register of Deeds, describing the area affected by the agreement;

b. Where the owners of two buildings desire to utilize common off-street parking facilities, the Planning Department may permit such dual function, provided that the following conditions have been met:

(1) The normal business hours of the two buildings or uses generally do not overlap.

(2) The common parking lot meets the off-street parking requirements of the larger building or more intensive use, plus 15%.

(3) In the event that there is a change of uses to uses which do not meet the criteria established for shared parking, the property owner shall install the required number of spaces prior to issuance of a certificate of occupancy for the approved uses.

(4) A landscaped reserve area capable of accommodating the required number of parking spaces shall be specified on the site plan that could accommodate an expansion of the existing parking facilities, in the future if required. The developer shall execute an agreement, in a form satisfactory to the city that will obligate the property owners to install additional parking at the city's request if the need arises.

(5) Any such provisions for parking shall be set forth in a recordable instrument recorded at the office of the Macomb County Register of Deeds, describing the area affected by the agreement.

D. Procedures for Development of Parcel Under IFR Option. There are two distinct steps to obtaining approval to develop a parcel of property under the IFR Option: (1) qualification of the parcel and concept plan, and (2) site plan approval. An applicant desiring to develop a parcel of property under the IFR Option must first obtain approval of qualification of the parcel and concept plan before proceeding with submitting an application for site plan approval.

1. Qualification of parcel. An applicant requesting qualification to develop a parcel under the IFR Option shall comply with the following procedures:

a. An application for qualification that includes the following information shall be submitted for consideration by the Planning Commission, accompanied by the applicable application fee established by a resolution or the annual appropriations ordinance approved by the City Council:

(1) The applicant's name, address, and contact information, and interest in the property to be redeveloped, including any adjacent parcels to be included in the redevelopment (with written evidence of authority to act on behalf of the property owner(s) if applicant does not own the property), along with the applicant's signature evidencing the accuracy and completeness of the application

(2) The name, address, and contact information of the legal owner of the property, if different than the applicant (with supporting documentation of the interest in the property), along with the owner's signature evidencing the accuracy and completeness of the application;

(3) The name, address, and contact information of each person having a legal or equitable interest in the property covered by the application, along with a description of the interest and the person's signature evidencing consent to the request;

(4) The total acreage of the existing parcel (minimum acreage for qualification--12 acres) that is to be redeveloped under the IFR Option, plus the acreage of any adjacent parcels to be combined with existing parcel for redevelopment;

(5) The total lot coverage of existing buildings and structures (minimum lot coverage for qualification--150,000 square feet) developed on the parcel to be redeveloped under the IFR Option, plus lot coverage of buildings and structures on any adjacent parcels to be combined with existing parcel for redevelopment;

(6) The current use of any building or structures on the parcel, or if vacant, the use of land;

(7) If any building or structure upon the parcel is vacant, the most recent use of the building or structure prior to it becoming vacant and the date the building or structure became vacant;

(8) If any building or structure upon the parcel is anticipated to become vacant, a description of the building or structure anticipated to become vacant, the date of anticipated vacancy, and the current use of the building or structures anticipated to become vacant;

(9) If the parcel proposed to be redeveloped is vacant due to the demolition of buildings or structures, a description of the buildings or structures that have been demolished and the approximate date of the demolition;

(10) A description of the proposed redevelopment (including the use and location of the buildings, structures, or property as proposed to be redeveloped (if known), and their proximity to adjacent buildings, structures, and uses that will continue on the parcel or adjacent parcels;

b. The applicant shall submit a concept plan (drawn to scale) showing how the buildings, structures, or parcel are proposed to be redeveloped under the IFR Option. The concept plan shall include the following (to the extent known):

(1) An outline of the parcel for which qualification is requested, showing the relationship of abutting properties and/or structures that are not proposed to be redeveloped;

(2) An outline of any abutting properties for which qualification is requested, if the application includes adjacent parcels proposed to be combined with the parcel currently owned and developed;

(3) The proposed placement and the basic configuration of buildings and structures;

(4) The elevations and materials of any proposed buildings or structures proposed to be constructed;

(5) The proposed circulation pattern for the parcel;

(6) Any proposed redevelopment, relocation, or improvement of on-site or off-site infrastructure or site improvements (roads, drives, parking areas, utilities, retention areas, open space areas, landscaping, etc.);

(7) The location of any proposed preservation or open space areas to be designated;

(8) Buffering/screening techniques to be used;

(9) Legal descriptions of all parcels included in the request (including those of adjacent parcels requested to be redeveloped under the IFR Option); and

(10) A depiction of the location of the parcel on a location map.

c. Upon receipt of the completed application and the required application fee, a public hearing shall be scheduled before the Planning Commission and notice given in accordance with the notice requirements set forth in Section 28.20.

d. After completion of the public hearing, the Planning Commission shall approve or deny the application for qualification of the parcel based upon the criteria set forth in this section, or postpone action if the Planning Commission determines that additional information or time is needed to properly consider the request. In order to approve a request for parcel qualification, the Planning Commission must be satisfied that the parcel meets the minimum acreage and building lot coverage requirements, and that the concept plan provides a reasonable basis for redevelopment of the buildings, structures, and land contained on the parcel proposed for redevelopment under the IFR Option.

e. The Planning Commission may modify the minimum qualification standards relating to parcel size or minimum lot coverage of existing buildings where the Planning Commission determines that such modification will enable the parcel and/or existing buildings to be more expeditiously redeveloped consistent with the spirit and intent of the IFR Option.

f. The Planning Commission shall not be required to approve a requested parcel qualification if the Planning Commission determines that the parcel does not meet the parcel qualification criteria, or that the concept plan does not fulfill the spirit and intent of the IFR Option. If the Planning Commission is not satisfied that the proposal satisfies all of the criteria for approval, it may deny qualification of the parcel for redevelopment under the IFR Option, or require the applicant to make revisions to the proposal and concept plan in order to meet the requirements, spirit, and intent of this section.

g. The Planning Commission may impose reasonable conditions upon any approval or modification of standard to ensure that the spirit and intent of this section is upheld.

h. Approval of qualification of the parcel and the concept plan by the Planning Commission shall not constitute final site plan approval of the redevelopment under the IFR Option but shall be deemed approval to proceed with site plan submittal and review to determine whether the site plan for the proposed redevelopment conforms with the parcel qualification, the concept plan, and all applicable codes and ordinances of the City. Approval of qualification of the parcel and the concept plan shall serve as guides in the preparation and review of the final site plan. Site plan approval must be obtained from the Planning Department prior to proceeding with any construction or development of the parcel under the IFR Option.

i. Approval of qualification of the parcel and the concept plan shall remain valid for a period of one year from the date of approval, during which time application for site plan approval must be filed. Extensions of this approval may be granted by the Planning Commission after review.

j. If an applicant does not obtain site plan approval for a proposed redevelopment under the IFR Option within 1 year after approval of parcel qualification and the concept plan, the approval of parcel qualification and concept plan shall expire unless an extension, in writing, has been requested prior to expiration of the approval period and subsequently obtained from the Planning Commission.

2. Site Plan Review. In addition to obtaining approval of qualification of the parcel and the concept plan for redevelopment under the IFR Option, administrative site plan review is required for any proposed development or redevelopment of a site in accordance with Article 26 Site Plan Review Requirements and Procedures prior to the issuance of building or zoning compliance permits. Site plans for development under the IFR Option shall also provide the following information in addition to that required under Article 24:

a. Structural outline (building envelope) of all structures proposed on the site.

b. Architectural renderings of building façade elevations and typical floor plans. Elevation drawings shall be drawn to scale. Where more than one type of structure or design is intended, the sample elevation and corresponding floor plans of each type shall be submitted.

c. The location of access drives, streets, off-street parking areas, and sidewalks.

d. A landscape plan showing location, extent and type of plantings and screening in accordance with the environmental provisions of Article 24.

The approval procedures set forth in Article 26 shall apply to site plans for development under the IFR Option.

3. Nothing contained in this section shall be construed to prevent the owner of land in an IFR area from dividing a parcel into two or more lots provided the resultant parcels meet the standards set forth in Section 22.05 and the land division regulations of the city code. A project development or redevelopment plan may include any adjoining parcels that are intended to become an integral part of the IFR area and overall development concept.

(Ord. No. 278-PP, § 3, 12-1-09)