Cannon Township City Zoning Code
ARTICLE 14
Planned Unit Development Districts
§ 450-14.01 Description; purpose.
A.
A Planned Unit Development District consists of an area of land that is zoned, developed, operated and maintained as a single planned development under the terms of a Township-approved plan and ordinance for residential, commercial, recreational, industrial or mixed land uses, approved in accordance with the procedures and standards of this article and the requirements of the article pertaining to the applicable type of planned unit development.
B.
A Planned Unit Development District is intended to foster more innovative or creative land use and development than might otherwise be achieved under the terms of the other available zone districts.
C.
Among the objectives of a Planned Unit Development District are the following:
(1)
To encourage innovation and creativity in the planning, development and use of land.
(2)
To encourage the use of lands in accordance with a plan which is consistent with their general character and suitability.
(3)
To promote the preservation of natural resources and natural features.
(4)
To encourage the efficient use of land by establishing economic and convenient arrangements for buildings, streets, public services and other land use features.
§ 450-14.02 Qualifying conditions.
A.
A Planned Unit Development (PUD) shall consist of at least that number of acres specified in the article in this chapter pertaining to the applicable type of PUD.
B.
A PUD may be established only by the rezoning of lands from those existing zoning districts specified in the respective article in this chapter pertaining to the applicable type of PUD.
C.
The land uses permitted in a PUD shall be consistent with those proposed for the land under the terms of the Township Master Plan.
D.
A PUD shall result in recognizable and substantial benefits to the ultimate users and occupants of the PUD and the general public.
E.
A PUD shall comply with the minimum provisions of the existing zoning district from which it is proposed to be rezoned, and other applicable minimum provisions of this chapter, except as to such departures or modifications therein as are approved in the PUD ordinance.
§ 450-14.03 Preapplication conference.
A.
Before submitting an application for PUD rezoning, an applicant is encouraged to meet with the Zoning Administrator and other Township planning and zoning representatives for the purpose of discussing the proposed PUD, assessing the eligibility of the proposed development as a PUD and to acquaint the applicant with Township PUD application procedures.
B.
The expenses of the Township in connection with the preapplication conference, including the cost of Township consultants, if any, shall be included in Township expenses for which the applicant shall make a deposit of funds into a zoning escrow account for reimbursement of Township expenses in the consideration of the proposed PUD.
§ 450-14.04 Application for preliminary PUD plan approval and rezoning.
A.
An applicant shall apply for the rezoning of land to a PUD District on a Township application form. The applicant shall pay the application fee and shall deposit funds into a Township zoning escrow account to reimburse the Township for its costs and expenses in considering the application.
B.
With the application, the applicant shall submit a preliminary PUD plan. The plan shall include all of the required contents of a preliminary site plan as specified in § 450-22.06 of this chapter, except that the preliminary PUD plan shall also include the following:
(1)
The typical dimensions of all building and structure setbacks and, as to nonresidential buildings, typical building separation distances.
(2)
Typical dimensions of street right-of-way widths and the widths of pavement portions of streets, including a typical cross section of private streets, if any.
(3)
Typical dimensions of an off-street parking space and maneuvering aisles within parking lots or areas. Each parking space shall be shown on the plan.
(4)
Typical dimensions of driveways, acceleration/deceleration lanes, sidewalks and loading/unloading areas.
(5)
Parking space calculations, showing the required number of parking spaces and the number of parking spaces being provided.
(6)
A separate landscape plan, showing locations of all landscaped areas. Details on the type and size of plant materials may be deferred to the final PUD plan.
(7)
Preliminary typical elevation views of buildings. Final elevation views may be deferred to the final PUD plan.
(8)
The expected number of single-family detached dwellings, two-family dwellings and multiple-family dwelling units, and the expected number of multiple-family buildings. The final determination of the number of each type of dwelling and/or dwelling unit may be deferred to the final PUD plan.
(9)
The general location of the major components of the stormwater drainage system, with sufficient detail to enable the Township Engineer to determine preliminarily that stormwater drainage would be adequately controlled and sufficiently detained or retained on the site. Detailed stormwater volume calculations and detailed locations of catch basins and similar operational elements of the system may be deferred to the final PUD plan.
C.
The preliminary PUD plan shall be a specifically dimensioned drawing, not merely in schematic form, depicting all matters required to be included on a preliminary PUD plan.
D.
The application shall include a written statement describing the following:
(1)
The principal aspects of the PUD.
(2)
Any proposed modifications of the minimum zoning ordinance provisions that would otherwise apply.
(3)
The expected benefits of the PUD that would accrue to users, occupants, and the public as a result of the development and use of the PUD.
(4)
The anticipated impacts of the PUD, including the effects, if any, on adjacent and nearby lands; bodies of water and groundwater; public services; natural resources; the values of adjacent and nearby lands; motor vehicle traffic; and other expected impacts.
E.
The application shall include such other information and detail determined by the Zoning Administrator as relevant to Township consideration of the PUD.
F.
The Zoning Administrator shall determine if the application is complete. If it is not complete, the Administrator shall return the application and other submitted materials to the applicant, together with a letter stating the deficiencies and any additional requirements. Thereafter, the applicant shall resubmit the application and supporting materials with the necessary corrections or supplementation.
G.
When the Zoning Administrator has determined that the application is complete, the Administrator shall forward the application, the preliminary PUD plan and other supporting materials to the Planning Commission.
§ 450-14.05 Consideration of preliminary PUD plan.
A.
Planning Commission work session meeting. The Planning Commission may convene a work session meeting with the applicant to review and discuss the application, the proposed PUD plan and other aspects of the proposal and applicable Township procedures.
B.
Other required information or studies. The Planning Commission may require other information or studies, including but not limited to the following:
(1)
A traffic impact study.
(2)
An environmental impact assessment.
(3)
A developmental impact statement, including assessment of potential impacts noted by the Planning Commission, which may include those involving public services and additional costs thereof; stormwater drainage; affected natural resources; increase in local school system population; and other matters which may be identified by the Planning Commission.
C.
Comments by other agencies. The Planning Commission may require the applicant to obtain and submit written statements or comments with respect to the proposed PUD from, among others, the County Road Commission, the County Drain Commissioner, the County Health Department, the Township Fire Department, the local and intermediate school districts and the state environmental agency.
D.
Neighborhood informational meeting. An applicant is encouraged to convene, prior to the Planning Commission public hearing, an informational meeting of persons residing in the area of the proposed PUD, for the purpose of explaining the proposed development, inviting public comment and otherwise providing information that may be of general or neighborhood interest as to the proposed development.
E.
Public hearing. The Planning Commission shall schedule a public hearing on the PUD application, including the PUD plan and the applicant's request for the rezoning of the land to a PUD District in accordance with the plan. Notice of the public hearing shall be given by publication and by U.S. Mail in the manner and to the extent required by law and this chapter for the rezoning of land.
F.
Recommendation to Township Board.
(1)
After the public hearing, either at the same meeting or at a subsequent meeting, the Planning Commission shall recommend to the Township Board approval of the preliminary PUD plan and rezoning to the requested PUD district in accordance with the preliminary plan; or the Commission shall recommend denial of the PUD and rezoning; or recommend approval thereof with specified conditions.
(2)
A private road may be required to be extended to the adjacent property line of a planned unit development (PUD), by recommendation of the Planning Commission and approval by the Township Board in accordance with the following criteria and requirements:
(a)
The private road extension is necessary to provide a secondary means of access for emergency vehicles.
(b)
The private road extension is a logical means to achieve the safe and efficient movement of vehicles and pedestrians between residential areas and to reduce the number of vehicle trips which would otherwise use the public street system to access adjoining residential areas.
(c)
The private road extension would not result in future vehicle traffic from off-site creating unsafe situations for the residents of the PUD.
(d)
If such a private road connection is required, the applicant shall construct the private road to the adjacent property line at the time the remainder of the private road within the PUD is built; provided, however, that the PUD ordinance may provide that, as a condition of deferring the construction of the private road connection, the applicant shall prepare and record a restrictive covenant whereby the applicant shall be required to construct the private road connection at such time as the Township requires the same, on the basis of pending or potential development of the adjacent property. The restrictive covenant shall be subject to the approval of the Township Attorney prior to recording and it shall run with the land so as to obligate all subsequent property owners, including a condominium association, if any.
(e)
Upon completion of the private road connection to the adjacent property, and the continuance of the private road on the adjacent property, the private road on both sides of the PUD property line shall remain fully open at all times for the uninterrupted travel of persons and vehicles, save only for necessary road repair or emergency circumstances.
(3)
In making its recommendation, the Planning Commission shall determine whether the proposed PUD complies with the standards for PUD approval stated in § 450-14.05G(4).
G.
Township Board proceedings. Upon receiving the Planning Commission recommendation and the preliminary PUD plan, the Township Board shall review the preliminary plan, the minutes of Planning Commission proceedings, other written or graphic material included in the record of the Planning Commission proceedings, and the Commission's recommendation.
(1)
The Township Board shall convene a public hearing on the preliminary PUD plan and the proposed ordinance to rezone the land to the requested PUD district.
(2)
Notice of the Township Board public hearing shall be given by publication of a notice in a local newspaper of general circulation in the Township, stating the date, time, place and purpose of the public hearing. Public notice shall also be given by the mailing of the same or a similar notice by first-class U. S. Mail to the owners of all lands within 300 feet of the lands proposed for PUD rezoning, as the names and addresses of such owners are shown in the current Township property tax assessment roll, as supplemented by any recent changes. The notices shall be published and mailed at least 15 days prior to the date of the public hearing.
(3)
Following the public hearing, the Township Board shall approve, deny or approve with conditions the preliminary development plan and the ordinance rezoning the land to the requested PUD district.
(4)
In making a decision on the PUD plan and the application for PUD rezoning, the Township Board shall determine whether the PUD plan and the proposed rezoning comply with the following standards and requirements:
(a)
The PUD would result in recognizable and substantial benefits to the ultimate users and occupants of the PUD and to the public, which would not otherwise be achievable under a conventional zoning district.
(b)
The PUD would not result in a significant increase in the need for public services and facilities, unless the costs of any such increase are adequately provided for.
(c)
The PUD would not place a significant burden upon adjacent or nearby lands or the natural environment, unless any resulting adverse effects are mitigated by features of the PUD as approved.
(d)
The PUD would be consistent with the Township Master Plan and consistent with the intent and purposes of this chapter and the PUD article applicable to the type of PUD under consideration.
(e)
The PUD would not result in significant adverse effects on adjacent or nearby lands and would not change the essential character of the surrounding area.
(f)
The PUD would be consistent with the public health, safety and general welfare of the Township.
H.
Final PUD plan.
(1)
Not later than one year after the Township Board's approval of the preliminary PUD plan and adoption of the PUD ordinance, the applicant shall submit a final PUD plan to the Zoning Administrator, in accordance with the requirements for final site plan review as stated in § 450-22.06 of this chapter. If the Zoning Administrator determines that the plan is complete, copies thereof shall be forwarded to the Planning Commission for review and consideration.
(2)
Upon request of the applicant in writing, the Planning Commission may grant one extension of the required one-year period for submission of the final PUD plan, up to one additional year. The application for such extension shall be submitted not later than the expiration of the original one-year period for submittal. If the final PUD plan and an application for its approval have not been submitted prior to the expiration of the original one year or a permitted extension thereof, the preliminary PUD plan shall then be void and no longer effective. In that event, the Planning Commission or Township Board may initiate rezoning of the land to another zoning district.
(3)
The Planning Commission shall review the final development plan at a public meeting of the Commission.
(a)
The Commission shall determine whether the final PUD plan substantially conforms with the preliminary PUD plan and the terms and conditions included in the PUD ordinance. If the Commission so determines, the Commission shall review the final plan in accordance with the standards for final site plan review, as stated in § 450-22.08, and the standards for PUD approval, as stated in § 450-14.05G(4).
(b)
If the Planning Commission determines that the final PUD plan is not in substantial conformance with the preliminary PUD plan, the Commission shall review the plan as if it were a preliminary development plan, in accordance with §§ 450-22.06 and 450-14.04B; proceedings thereafter shall proceed as provided herein for consideration and approval of an originally submitted preliminary PUD Plan.
(c)
The Planning Commission shall approve, deny or approve with conditions the final PUD plan; all such conditions, if any, shall be conditions in addition to those included in the PUD ordinance.
§ 450-14.06 Modifications of minimum requirements.
A.
The minimum requirements of the existing zoning district from which lands are rezoned to a PUD may be modified in the approval of a PUD. Such minimum provisions which may be modified include, but are not limited to, all of the minimum provisions of the existing zoning district and, in addition, the otherwise applicable provisions on off-street motor vehicle parking, signage, outdoor lighting, maximum lot coverage and otherwise applicable minimum provisions.
B.
Such modifications may be permitted if they would result in a higher quality of development or in more successful integration of the proposed land uses with surrounding land uses.
§ 450-14.07 Performance guarantee.
In approving a PUD, the Planning Commission and Township Board may require a reasonable performance guarantee, in accordance with § 450-32.07 of this chapter, to ensure completion of specified improvements within the PUD.
§ 450-14.08 Commencement of construction.
A.
A PUD shall be under construction not later than one year after the approval of the final PUD plan by the Planning Commission.
B.
If a PUD is not under construction within one year after approval of the final PUD plan, the applicant may apply, in writing, to the Planning Commission for an extension of time. The application shall be submitted not later than one year after the date of approval of the final PUD plan; provided, however, that if the application is not timely submitted, the Planning Commission in its sole discretion may nevertheless consider the application, though it is not required to do so.
C.
The duration of any such extension shall be as determined by the Planning Commission. Subsequent extensions may be granted by the Commission in its discretion.
D.
An application for such extensions of time for construction shall include reasonable evidence, in writing, to the effect that unforeseen difficulties or special circumstances have arisen, thereby causing delay in the commencement of construction.
E.
If the PUD is not under construction within one year after the date of approval of the final PUD plan, or if it is not under construction within the period of any approved extension of time, then the approved final PUD plan shall be void and of no further effect as of the end of one year following the date of approval of the final PUD plan or as of the end of any approved extension of time. In that event, any permits issued for construction for or within the PUD shall then be of no further effect. Thereafter, the Township may initiate and complete proceedings for the rezoning of the land to some other zoning district.
§ 450-14.09 Planned unit development amendments.
A.
Minor amendments. A proposed minor amendment in an approved PUD may be approved by the Zoning Administrator (or by the Planning Commission, if referred by the Zoning Administrator) if the amendment does not substantially alter the basic design of the PUD or the terms and conditions included in the PUD ordinance. Only the following types of amendments are minor amendments:
(1)
Reduction of the size of any building, structure or sign.
(2)
An increase of not more than 5% in the size of a principal or accessory building.
(3)
An increase of building or structure height by not more than 5%, if the resulting height is not greater than the maximum height otherwise permitted in the zoning ordinance.
(4)
An adjustment in a building footprint that does not substantially alter a building setback or separation distance that was imposed in the PUD ordinance.
(5)
An increase in the areas designated on the final PUD plan as undeveloped open space or nondisturbed areas.
(6)
The replacement of plant or landscape materials specified in the approved PUD plan if such materials are reasonably similar in type to those originally approved.
(7)
Changes in interior building floor plans which do not alter the type or character of the use of the building.
(8)
Changes in exterior building materials to those of a higher quality.
(9)
Minor alterations in vehicle or pedestrian access routes or circulation systems, including but not limited to the addition of acceleration/deceleration lanes, boulevards, curbing, sidewalks or nonmotorized paths.
(10)
Relocation of entrance or exit driveways for a distance of up to 100 feet, if required by the County Road Commission or the Michigan Department of Transportation, or if such relocation would result in safer or more convenient ingress to or egress from the site and would not result in adverse effects on the layout or use of the PUD.
(11)
Minor changes in the locations of approved signage.
(12)
Minor changes in the location and/or design of exterior light fixtures.
(13)
The internal rearrangement of parking spaces in an off-street parking area if the total number of parking spaces remains sufficient and if no traffic circulation hazards or congestion would result.
(14)
A change in the name of the PUD or in the names of any of the streets therein.
(15)
Changes required by the Township for public safety reasons.
(16)
Changes which will preserve the natural features within the PUD without resulting in substantial adverse effects.
(17)
Other changes of a minor nature proposed to be made in the configuration, design, layout, topography or features of the final PUD plan which are determined by the Zoning Administrator to be not material or significant in relation to the entire PUD and which the administrator determines would not have a significant adverse effect on adjacent or nearby lands or the public interest.
B.
Major amendments. Amendments other than those stated in Subsection A shall be major amendments. Consideration of major amendments shall be initiated by an application to amend the PUD. The consideration of and decision on major amendments shall be carried out in the same manner and with the same public notice as is required for an original application for a PUD.
§ 450-14.10 No PUD authority by Zoning Board of Appeals.
The Zoning Board of Appeals shall have no jurisdiction or authority to consider an appeal from any PUD determination or decision or any part thereof, nor shall the Board of Appeals have authority to grant variances for or with respect to a PUD or any part thereof.