Planned unit developments in the City of Belding may be established as a zoning district in accordance with the procedures specified in this chapter. It is the intent of the planned unit development (PUD) district to provide for flexibility in the regulation of land development; to encourage innovation in land use and variety in design, layout, and type of structures; to achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; to encourage useful open space; and to create better living, working, and shopping environments. In order to accomplish these objectives, this section permits the relaxation of the conventional requirements found in the zoning districts. The use of land and the construction and use of buildings and other structures as planned unit development shall be in conformance with the procedures, standards, requirements, and conditions for eligibility contained in this chapter.

(Ord. No. 521, 3-1-11)

Any development which fails to meet the following qualifying conditions, at a minimum, shall not be considered for the PUD district:

A.

Site area.

1.

The PUD site shall be not less than ten (10) fully contiguous acres in area. Notwithstanding the above, however, a parcel containing less than ten (10) fully contiguous acres, as herein defined, but in no case less than two (2) acres, may be considered as a planned unit development if the city council, upon recommendation by the planning commission, determines that the proposal meets all of the following criteria:

a.

The proposed PUD will result in a development of greater quality than would be allowable under conventional zoning requirements;

b.

There are physical conditions related to the property not created by the owner that do not permit increasing the area to meet the ten (10) acre minimum, such as the placement of streets, natural barriers such as streams, wetlands or steep slopes, or established ownership patterns of adjacent properties;

c.

The use of architectural and site design, building materials and colors, landscaping, and provision of site amenities is of sufficiently high quality that the reduction is warranted; and

d.

The reduction is not proposed due solely to the inability of the applicant to meet the normal requirements of the zoning district in which the PUD is proposed.

B.

All PUD's shall be served by public water and sanitary sewer facilities.

C.

The tract of land for which a PUD application is received must be either in one ownership or the subject of an application filed jointly by the owners of all properties.

D.

The proposed uses of the PUD must be consistent with the City of Belding Master Plan for the subject property.

E.

Open space.

1.

The PUD development shall contain open space in an amount equal to at least fifteen (15) percent of the total PUD site. The open space shall not include required yards or buffers, parking areas, drives, rights-of-way, utility or road easements, storm water detention ponds, regulated wetlands, designated flood plains, and structures.

2.

The open space shall be permanently set aside for the sole benefit, use, and enjoyment of present and future occupants of the PUD through covenant, deed restriction, open space easement, or similar legal instrument acceptable to the city; or, if agreed to by the city council, the open space may be conveyed to the city for the use of the general public.

(Ord. No. 521, 3-1-11)

Any use permitted by right or special approval in any district may be permitted within a PUD.

(Ord. No. 521, 3-1-11)

A.

A pre-application conference may be held with the planning commission for the purpose of determining the eligibility of the request for consideration as a PUD.

B.

A request for a pre-application conference shall be made to the zoning administrator who shall schedule a date and time with the planning commission. As part of the pre-application conference, the applicant shall submit a conceptual plan (along with copies in an amount determined by the zoning administrator) which shows the property location, boundaries, significant natural features, vehicular and pedestrian circulation, and land use for the entire site.

C.

The planning commission shall advise the applicant of the conformance of the PUD concept with the intent and objectives of PUD in the City of Belding, whether it qualifies under the minimum requirements of section 14.2, and whether the general concept is consistent with the city master plan. In no case, shall any representations made by the planning commission be construed as an endorsement of the PUD or an approval of the concept.

(Ord. No. 521, 3-1-11)

Applicants seeking approval of a PUD district shall submit a complete application for review and a preliminary development plan to the zoning administrator who shall schedule a date and time for a public hearing and planning commission review. Such application shall include the following:

A.

A completed application form, supplied by the zoning administrator.

B.

Payment of a fee, as established by the city council.

C.

A narrative statement describing:

1.

The objectives of the PUD and how they relate to the intent of the PUD district, as described in section 14.1;

2.

The relationship of the PUD to the City of Belding Master Plan;

3.

Phases of development and approximate time frame for each phase;

4.

Proposed deed restrictions, covenants, or similar legal instruments to be used within the PUD;

5.

Anticipated start and completion of construction; and

6.

Location, type, and size of areas to be dedicated for common open space.

D.

A preliminary development plan, plus copies in an amount determined by the zoning administrator. If the PUD is to be developed in phases, the preliminary development plan shall show all phases. The preliminary plan shall contain the following:

1.

Name of development, applicant's name, name and address of firm and/or individual who prepared the plan, scale, and north arrow;

2.

Property lines, dimensions of all property lines, and size of the PUD (and individual phases) in acres;

3.

Existing zoning and land use of all abutting properties;

4.

Existing natural features on the site, including water, stands of trees, drainage ways, flood plains, wetlands, steep slopes, and similar features;

5.

Existing buildings on the site;

6.

Proposed uses and their approximate locations;

7.

Right-of-way and pavement edges of existing streets abutting the PUD, including sidewalks;

8.

Approximate locations of proposed access drives and streets within the PUD;

9.

Proposed method of providing water, sanitary sewer, and stormwater drainage facilities;

10.

Layout and typical dimensions of proposed lots;

11.

Approximate phases of development; and

12.

Proposed residential density by area or phase.

(Ord. No. 521, 3-1-11)

A.

Upon receipt of an application for PUD approval, the zoning administrator shall cause notice to be given, in accordance with the Zoning Act. The notice shall:

1.

Describe the nature of the proposed PUD.

2.

Describe the property which is the subject of the PUD application, by legal description or parcel identification number (as assigned by Ionia County) and street address.

3.

State the time, date, and place of the public hearing.

4.

State when and where written comments will be received concerning the application.

B.

Following notice, the planning commission shall hold a public hearing on the proposed rezoning of the property to the PUD district, for the purpose of receiving public comment on the application.

(Ord. No. 521, 3-1-11)

Following the public hearing, the planning commission shall review the PUD request and preliminary development plan based on the conformance with the standards of section 14.11; and shall make a recommendation to the city council to approve, approve with conditions, or deny the PUD request. In its recommendation to the council, the planning commission shall include the reasons for such recommendation, specifically citing appropriate standards and sections of the ordinance and identifying those specific conditions, if any, it considers necessary.

(Ord. No. 521, 3-1-11)

A.

After receiving the recommendation of the planning commission, the city council shall review the application package, preliminary development plan, the record of the planning commission proceedings, and the recommendation. The council shall then make its findings based on the standards of section 14.11 as to approval, approval with conditions, or denial.

B.

An approval with conditions shall not be considered final until the applicant submits to the city council a written acceptance of the conditions and all necessary revisions to the preliminary development plan. Upon receipt by the city council of the applicant's agreement and a revised preliminary development plan incorporating all required changes and conditions, if necessary, the rezoning to the planned unit development district shall become effective.

(Ord. No. 521, 3-1-11)

Within twelve (12) months of the city council's approval of the rezoning of the property to the PUD district and approval of the preliminary development plan, the applicant shall submit a request for final PUD development plan approval. The application shall consist of the following:

A.

A completed application form, supplied by the zoning administrator.

B.

Payment of a fee, as established by the city council.

C.

A written response to the findings, review comments, and conditions, if any, from the planning commission's review of the preliminary development plan and a narrative explanation of the changes made to the plan in response to those items.

D.

A site plan containing all of the information required for final site plans in section 16.4.C.3.b. For developments consisting of two (2) or more phases, the required site plan may be submitted for the first phase, along with a copy of the approved preliminary PUD and a statement showing how the phase relates to the overall PUD. Each subsequent phase shall be reviewed in the same manner.

(Ord. No. 521, 3-1-11)

A.

The planning commission shall review the final development plan in relation to its conformance with the preliminary development plan and the conditions, if any, of the PUD district approval. If it is determined that the final plan is not in substantial conformance with the preliminarily development plan, the review process shall be conducted as a preliminary development plan review, in accordance with the procedures of sections 14.6 to 14.8 of this ordinance.

B.

If the final development plan is consistent with the approved preliminarily development plan, the planning commission shall review the final plan in accordance with the criteria of section 14.11.

C.

The planning commission shall prepare a record of its findings and shall approve, approve with conditions, or deny the final development plan.

D.

The decision of the planning commission may be appealed to the city council which shall review the record of the proceedings, along with all materials submitted, and shall make its decision in accordance with the standards of section 14.11.

E.

The board of zoning appeals shall not have authority to hear any variance request or waive any requirement related to the approval of a planned unit development. Upon approval and construction of any or all of a PUD that results in the creation and recording of individual lots, parcels or site condominium units, an individual owner may request a variance to any zoning district-based ordinance requirements imposed upon the lot, parcel or condominium unit, provided that the request is consistent with the general requirements of the PUD and any conditions imposed upon the PUD by the city.

(Ord. No. 521, 3-1-11)

A PUD shall be approved only if it complies with each of the following standards:

A.

The proposed PUD complies with all qualifying conditions of section 14.2.

B.

The uses to be conducted within the proposed PUD are consistent with the city master plan.

C.

The proposed PUD is compatible with surrounding uses of land, the natural environment, and the capacities of public services and facilities affected by the development.

D.

The proposed PUD will not contain uses or conditions of use that would be injurious to the public health, safety, or welfare of the community.

E.

The proposed project is consistent with the spirit and intent of the PUD district, as described in section 14.1 and represents a development opportunity for the community that would not likely be achieved through conventional zoning.

F.

The proposed PUD meets all the review standards of section 16.1.F, standards for site plan review.

(Ord. No. 521, 3-1-11)

Prior to issuance of any building permits or commencement of construction on any portion of the PUD, the applicant shall enter into an agreement with the city, in recordable form, setting forth the applicant's obligations with respect to the PUD. The agreement shall describe all improvements to be constructed as part of the PUD and shall incorporate, by reference, the final development plan with all required revisions, other documents which comprise the PUD (master deed, restrictive covenants, etc.), and all conditions attached to the approval by the city council. A phasing plan shall also be submitted describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase. The agreement shall also establish the remedies of the city in the event of default by the applicant in carrying out the PUD, and shall be binding on all successors in interest to the applicant. All documents shall be executed and recorded in the office of the Ionia County Register of Deeds. In order to ensure conformance to the PUD agreement, the city council may require a financial guarantee in a form as prescribed by section 19.3.B of this ordinance.

(Ord. No. 521, 3-1-11)

Changes to an approved PUD shall be permitted only under the following circumstances:

A.

The holder of an approved PUD final development plan shall notify the zoning administrator of any desired change to the approved PUD.

B.

Minor changes may be approved by the zoning administrator upon determining that the proposed revision(s) will not alter the basic design and character of the PUD, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:

1.

Reduction of the size or height of any building and/or sign.

2.

Movement of buildings and/or signs by no more than ten (10) feet.

3.

Landscaping approved in the final development plan that is replaced by similar landscaping to an equal or greater extent.

4.

Changes in floor plans, of up to five (5) percent of the total floor area, which do not alter the character of the use or increase the amount of required parking.

5.

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

6.

Changes required or requested by the city, Ionia County, or other state or Federal regulatory agency in order to conform to other laws or regulations.

7.

The planning commission may authorize the zoning administrator to review minor changes not listed above, provided the record reflects that the change is demonstrably minor in effect and impact and otherwise conforms with the requirements of this chapter.

C.

A proposed change not determined by the zoning administrator to be minor shall be submitted as an amendment to the PUD and shall be processed in the same manner as the original PUD application.

(Ord. No. 521, 3-1-11)

A.

Each development or phase shall be under construction within one (1) year after the date of approval of the PUD final development plan, except as noted in this section. The city council may grant one (1) extension of up to an additional one (1) year period if the applicant applies for an extension prior to the date of the expiration of the PUD and provided that:

1.

The applicant presents reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant; and

2.

The PUD requirements and standards, including those of the Zoning Ordinance and master plan, that are reasonably related to the development have not changed.

B.

Should neither of the provisions of section 14.14.A be fulfilled, or an extension has expired without construction substantially underway, the PUD site development plan approval shall be null and void. Any future development of the property may only be considered and approved according to the process in this chapter. If PUD zoning is not desired or required for a future development, the property may be rezoned to the appropriate district and upon rezoning shall no longer be subject to any prior PUD approvals or agreements.

(Ord. No. 521, 3-1-11)