This article provides an optional method of land development, hereinafter referred to as planned unit development (PUD), which incorporates into a single development plan the design, location and arrangement of all uses, buildings, drives, parking areas, utilities, landscaping, and other improvements and amenities. Deviation from specific use and site development standards of this chapter may be allowed provided that the intent and purpose of this chapter and article are achieved.

Planned unit development zoning is intended to serve a number purposes:

(1)

To encourage innovation in the use of land and buildings and variety in the design, density, layout and types of buildings and uses;

(2)

To achieve economy and efficiency in the use of land, natural resources and energy;

(3)

To encourage the provision of useful public and private open space;

(4)

To promote better housing, employment and shopping opportunities particularly suited to the needs of the residents of the city; and

(5)

To assure that all PUDs are designed and constructed such that compatibility is achieved with surrounding land uses.

The approval of a PUD shall constitute an amendment to this chapter and zoning map. Approval under the provisions of this article, including the approved final PUD plan, conditions imposed, the PUD agreement discussed in section 122-216(b)(1), and any other supporting documentation provided by an applicant as a condition of approval shall constitute the amendment and become an integral part of this article. The location of the PUD shall also be indicated on the zoning map.

(Ord. No. 2005-11, 11-21-05)

A proposed PUD project must satisfy the following criteria in order to be eligible for approval under the provisions of this article. The PUD must:

(1)

Be under the control of a single applicant (an individual, partnership, corporation, limited liability company, or group of individuals, partnerships, corporations, or limited liability companies);

(2)

Result in a recognizable and substantial benefit to the users of the PUD and the community, and provide a higher quality of development than could be achieved under the application of conventional zoning regulations;

(3)

Be consistent with the city's master plan;

(4)

Not have an unreasonably negative economic impact on surrounding properties; and

(5)

Improve the appearance of the city through quality building and site design, landscaping, the preservation of historic sites or structures, and the provision of public or private open space.

(Ord. No. 2005-11, 11-21-05)

(a)

PUDs must comply with the regulations of this section. In cases where modifications to the following regulations may be justified for a specific PUD, such modifications must be approved by the city commission on recommendation of the planning commission. Before making such a recommendation, the planning commission must find that such modifications will be consistent with:

(1)

The purpose of PUD zoning set forth in section 122-211;

(2)

The criteria for PUD eligibility established under section 122-212; and

(3)

In general accordance with the regulations of this section.

(b)

Specific PUD design standards are as follows:

(1)

Location. A PUD may be approved in any zoning district.

(2)

Permitted uses. Any land use authorized by this chapter may be included in a PUD as a principal or accessory use, subject to the following regulations:

a.

A reasonably harmonious relationship will exist between uses, buildings and structures located within a proposed PUD, and uses, buildings and structures on adjacent lots in the project area. The PUD will be compatible with the city's master plan.

b.

Residential and nonresidential uses are encouraged within a PUD provided they are compatible, complementary, in close proximity to one another, and, if appropriate, demonstrative of the urban design principles of the city's master plan.

c.

The mix and physical arrangement of uses within a PUD is found to be consistent with the public health, safety or welfare.

d.

The uses identified in section 122-74, marihuana facilities, shall not be permitted in a PUD as they are not deemed compatible with residential uses, which are encouraged in a PUD, as set forth in subsection b, above.

(3)

Density of residential development. Maximum permitted densities and total number of dwelling units shall be established during the PUD review and approval process, based on the following regulations:

a.

Excellence of design, including but not limited to innovative energy efficient design;

b.

High quality public or private open space;

c.

Improvements, both public and private, which help assure vehicular and pedestrian convenience and safety;

d.

Public facilities which would enhance the long-term viability of the PUD and allow for more efficient use of land; and

e.

An increase in the density of development which would address a demonstrated need in the community.

(4)

Setback, spacing and lot area regulations. Minimum lot size, setback and other dimensional regulations applicable to buildings, structures and improvements shall be determined during the PUD review and approval process taking into account the following considerations:

a.

The overall design objectives of a particular PUD, such as traditional neighborhood design;

b.

The degree of compatibility between adjoining uses within a PUD;

c.

The characteristics of a particular PUD site;

d.

The need for adequate amounts of light, air and open space between buildings and uses; and

e.

The need for unobstructed access to all buildings, structures and uses by emergency services vehicles.

(5)

Parking and loading areas. Parking and loading areas shall be established in accordance with the regulations of article XVII. Relief from the strict application of those regulations may be granted by the city commission on recommendation of the planning commission based on the urban design principles of the city's master plan, and taking into account the following considerations:

a.

The overall design objectives of a particular PUD, such as traditional neighborhood design; and

b.

The characteristics of a particular PUD site.

(6)

Landscaping and screening. Landscaping and screening shall be provided in accordance with the regulations of articles XVIII, landscaping, and XIX, walls and fences. Relief from the strict application of those regulations may be granted by the city commission on recommendation of the planning commission based on the urban design principles of the city's master plan, and taking into account the following considerations:

a.

The character of existing landscaping on adjoining lots; and

b.

The degree of compatibility between adjoining uses within the PUD and buildings and uses on adjacent lots in the project area; and

c.

The characteristics of a particular PUD site.

(7)

Nonmotorized transportation. Every PUD shall accommodate nonmotorized transportation in the form of paved sidewalks, bike paths and/or bike lanes. Where feasible, this circulation system shall provide access to open spaces and other on-site amenities, parking and loading areas, and connect to existing and planned sidewalks and bike paths on adjacent properties.

(8)

Natural features. Planned unit developments shall be designed to promote preservation of natural resources and natural features.

(9)

Integrated design. Planned unit developments shall be of integrated design with respect to building materials, landscaping, signage and lighting.

(10)

Other considerations. During the process of reviewing and approving a PUD the planning commission and city commission may identify other considerations relevant to the PUD including but not limited to street capacity, storm drainage and utility capacity and design.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 13, 12-15-08; Ord. No. 2019-11-B, § 6, 7-1-19)

Applicants shall submit to the planning department materials for informational and advisory review and consultation with planning staff, relevant city departments, and a representative of the planning commission prior to filing formal applications for PUD zoning. The purpose of this process is to provide applicants with information pertinent to the city's development policies and regulations, and to present an overview of the procedural and material regulations of the formal PUD application, review and approval process. Materials presented and discussed during this informal process shall be for informational purposes only and shall not be binding on either the applicant or city. A meeting within two weeks of submission will be scheduled by staff. There shall be no fee for this informal review process.

An applicant must submit an informal PUD plan which includes the following information in order to initiate the process described in this section:

(1)

The name, address and telephone number of the developer of the PUD. The proposed name of the PUD, if any.

(2)

A location map, scale and north arrow;

(3)

The exterior boundaries (with dimensions) of the proposed PUD. The location and name(s) of abutting streets. Ownership (if known) and use of abutting properties;

(4)

The area of land comprising the proposed PUD in acres and square feet;

(5)

The type(s) and location of land use(s) proposed for inclusion in the proposed PUD, and an indication of the approximate land area to be devoted to each use;

(6)

The approximate location of lots and buildings with an indication as to the use of each;

(7)

Driveways providing ingress and egress to the proposed PUD;

(8)

Routes for vehicular and pedestrian circulation, parking and loading areas;

(9)

Open space, common and recreation areas; and

(10)

Natural features, including stands of trees, drainage and water courses and wetlands.

(Ord. No. 2005-11, 11-21-05)

The approval of an application for PUD zoning requires an amendment to this chapter and the zoning map. Approval under the provisions of this article, including the approved final PUD plan, conditions imposed, the PUD agreement discussed in section 122-216(b)(1), and any other supporting documentation provided by an applicant as a condition of approval shall constitute the amendment and become an integral part of this chapter. The location of the PUD shall also be indicated on the zoning map.

Applications for PUD zoning shall be submitted to the city's planning department, and shall consist of the following materials and information:

(1)

A completed application form;

(2)

The application fee;

(3)

Three sets of plans at 24 by 36 inches; nine sets, Z-folded, at 11 by 17 inches; and if requested one digital copy in a format designated by the planning department of a site plan illustrating all information required by section 122-324, and the following information:

a.

The name, address and telephone number of the developer(s) of the PUD. The proposed name of the PUD, if any.

b.

A date, location map, scale and north arrow;

c.

The zoning classification, use and ownership of abutting properties, including the general location of buildings and structures thereon;

d.

The type(s) of land use(s) proposed for inclusion in the PUD, and an indication of the approximate land area to be devoted to each use;

e.

The proposed location of lots, indicating the use of each;

f.

Driveways providing ingress and egress to the PUD, routes for vehicular and pedestrian circulation and parking and loading areas, streets and walkways adjacent to the site;

g.

Location and method of screening refuse and outdoor storage areas.

h.

Open space, common and recreation areas;

i.

Natural features, including stands of trees, drainage and water courses and wetlands; and

j.

Proposed landscaping, screening, walls and fences, the types, size and numbers of materials proposed may be included in tabular form on the PUD plan, or may be included in tabular form on a separate landscaping plan.

k.

Exterior lighting fixtures with specifications as to height and type of luminaires;

l.

Improvements proposed for on-site management of storm water; and

m.

A general schedule for completion of the PUD, including the phasing or timing of development.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2010-21, § 15, 12-20-10)

(a)

Planning commission review and recommendation.

(1)

Public hearing. The planning commission shall conduct a public hearing on an application for PUD zoning. Notification of the public hearing shall be given in accordance with the Michigan Zoning Enabling Act, PA 110 of 2006 as amended.

(2)

Review and recommendation. The planning commission shall review all information submitted with the application for PUD zoning, all reports concerning the application prepared by city staff and comments made during the public hearing. Within a reasonable period of time following such review the planning commission shall make a recommendation to the city commission that it approve, approve with conditions or deny approval of the application. Such recommendation shall be based on the planning commission's consideration of the proposed PUD in light of the purpose of this article, and the criteria and standards set forth in sections 122-212 and 122-213. Any conditions imposed must be consistent with the regulations of the Michigan Zoning Enabling Act, PA 110 of 2006 as amended. The planning commission's recommendation, including findings of fact and conditions imposed shall be reported to the city commission.

(b)

City commission action.

(1)

Review and decision. Following receipt of the planning commission's report the city commission shall conduct a public hearing on an application for PUD zoning. Notification of the public hearing shall be given in accordance with the regulations of the Michigan Zoning Enabling Act, PA 110 of 2006 as amended. Following the public hearing the city commission may approve, approve with conditions or deny approval of the application. The city commission's decision on the application shall be based on its consideration of the planning commission report and its consideration of the PUD in light of the purpose of this article, and the criteria and standards set forth in sections 122-212 and 122-213. The city commission shall set forth in a resolution its conclusions on the application, the basis for its decision, the decision, and any conditions relating to an affirmative decision.

In the case of an affirmative decision the city commission shall instruct the city attorney to prepare an agreement to be entered into by the city and applicant. Such agreement shall be made part of the city commission's resolution on the application. The agreement shall include, at minimum:

a.

A legal description of the property included in the PUD;

b.

The conditions upon which approval of the PUD is based;

c.

The type(s) of use(s) to be established in the PUD;

d.

A listing of all final PUD plans, documents and other pertinent materials submitted by the applicant, and an indication of the dates on which such materials were submitted;

e.

A description of all improvements to be undertaken by the applicant or the city in conjunction with applicable city ordinances; and

f.

A description of all easements to be dedicated by the applicant to the city or any public utility.

(2)

Amendment to this chapter. The approval of a PUD under the provisions of this article shall constitute an amendment to this chapter and the zoning map. Approval under the provisions of this article, including the city commission's report on the PUD, the approved final PUD plan, any conditions imposed, and any other supporting documentation required as a condition of approval shall constitute the amendment. Notification of such amendment shall be published in accordance with the regulations of the Michigan Zoning Enabling Act, PA 110 of 2006 as amended. The location of the PUD shall be indicated by appropriate notation on the city's official zoning map.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 14, 12-15-08)

(a)

Minor changes. Minor changes in the location, siting or character of buildings, structures and improvements may be authorized at the discretion of the planning department manager if required by engineering or other circumstances not foreseen at the time the PUD was approved.

(b)

Other changes. All other changes must be made under the procedures for PUD zoning set forth in this article.

(Ord. No. 2005-11, 11-21-05)