(a)

Where approved, the planned unit development (PUD) standards contained in this article replace the zoning standards which otherwise apply to properties under one of the zoning districts established in this article, hereinafter referred to as the "underlying zoning district." For properties approved for PUD designation, these PUD standards replace the schedule of regulations listed for the underlying zoning district in article III, division 13, schedule of district regulations.

(b)

A PUD designation is provided as a design option, intended to permit flexibility in the regulation of land development; to encourage innovation in land use, form of ownership (such as condominiums), and variety in design, layout, and type of structures constructed; to achieve economy and efficiency in the use of land; to preserve significant natural, historical, and architectural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide better housing, employment, and shopping opportunities particularly suited to residents of the city; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas.

(c)

The standards are intended to accommodate development on sites with significant natural, historical, or architectural features, as noted in the city master plan; on land which exhibits difficult development constraints; in the downtown area where the traditional character of the community is to be maintained; to provide the opportunity to mix compatible uses or residential types; and to allow clustering of residential units to preserve common open space and natural features. The PUD standards shall not be sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated purposes herein set forth.

(d)

In order to encourage PUD developments on specific properties, these standards authorize the relaxation or waiving of one or more of the requirements of the underlying district. The PUD also allows the developer the opportunity to mix compatible uses or residential types on a single property, allows clustering to reduce construction costs, and may enhance marketability through the preservation of significant natural, historical, and architectural features.

(Code 2009, § 40-598; Ord. No. 190, § 1, 9-10-2015)

Where PUD designation is approved, the principal uses permitted are based on the underlying zoning district, as indicated below:

(1)

R-1, R-2, R-3, R-4. All principal uses of the underlying district shall be permitted, subject to section 32-733. In addition, low density multiple-family dwellings or a mixture of single- and multiple-family dwellings on a planned basis, through the use of attached dwellings, townhouses, apartment buildings, zero lot line configurations, or other similar building configurations; or any combination of these residential uses may be permitted within the PUD. In addition, for sites having a minimum size of 20 acres, up to ten percent of the total site acreage may be developed with uses permitted in the NBD. Such uses must front a public street and be developed in conjunction with, or following, development of the residential uses.

(2)

Reserved.

(3)

B-2. All business, service, professional office, and other commercial uses, or any combination of these uses, listed as principal uses permitted in the underlying zoning district shall be allowed, subject to section 32-733. In addition, other business, service, and residential uses may be permitted, if determined by the planning commission to be similar to other uses in the surrounding area and compatible with the preliminary PUD plan for the central business district.

(4)

B-3, MU, HC, I-1. All business, service, professional offices, light manufacturing, and other commercial uses, or any combination of these uses, listed as principal permitted uses in the underlying zoning district shall be permitted. In addition, other business, service, office, light manufacturing, and residential uses may be permitted, if determined by the planning commission to be compatible with other proposed PUD uses and surrounding uses.

(Code 2009, § 40-599; Ord. No. 190, § 1, 9-10-2015; Ord. No. 244, § 1, 6-8-2023)

All uses listed as special land uses in the underlying district are considered as special land uses within the planned unit development designation.

(Code 2009, § 40-600; Ord. No. 190, § 1, 9-10-2015)

To qualify for PUD approval, the applicant must demonstrate in writing that each of the following criteria will be met by the proposed PUD:

(1)

Demonstrated benefit. The PUD shall provide two or more of the following benefits not possible under the requirements of another zoning district, as determined by the planning commission:

a.

Preservation of significant natural or historic features.

b.

A complementary mixture of uses or a variety of housing types.

c.

Common open space for passive or active recreational use.

d.

Mitigation to offset community impacts.

e.

Redevelopment of a nonconforming or blighted site where creative design can address unique site constraints.

f.

Provide better housing, employment, and shopping opportunities particularly suited to residents of the city.

(2)

Availability and capacity of public services. The proposed type and density of use shall not result in an unreasonable increase in the use of public services, public facilities, and utility capacities.

(3)

Compatibility with the master plan. The proposed PUD shall be compatible with the overall goals and recommendations as proposed in the master plan.

(4)

Compatibility with the PUD purpose. The proposed PUD shall be consistent with the purpose of article IX and spirit of this chapter.

(5)

Development impact. The proposed PUD shall not impede the continued use or development of surrounding properties for uses that are permitted in this article.

(6)

Unified control of property. Except in the B-2 district, the proposed PUD shall be under single ownership or control such that there is a single entity having responsibility for completing the project in conformity with the PUD regulations. This provision shall not prohibit a transfer of ownership or control, provided that notice of such transfer is provided to the city.

(Code 2009, § 40-601; Ord. No. 190, § 1, 9-10-2015)

The application process for a PUD involves a three-step process, including review of a preliminary (conceptual) site plan by both the planning commission and city council. Upon approval of the preliminary plan, a final site plan shall be reviewed by the planning commission. The procedures are described below:

(1)

An optional pre-application workshop with the planning commission may be requested by the applicant to discuss the appropriateness of the PUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant desiring such a workshop shall request placement on the planning commission agenda.

(2)

The applicant shall prepare and submit to the city clerk 15 copies of a preliminary PUD site plan for a PUD, meeting the requirements of section 32-736, preliminary PUD site plan submittal requirements, at least 30 days prior to the meeting at which the planning commission shall first review the request, or 21 days for an applicant who has had a pre-application workshop on the proposal within 60 days of the preliminary PUD site plan submittal. The zoning administrator shall transmit this plan to the members of the planning commission.

(3)

The planning commission shall review the preliminary PUD site plan and shall conduct a public hearing in accordance with section 32-44, hearing requirements. During this review, the planning commission may request additional materials supporting the PUD proposal, or recommend modifications or conditions based on the standards of section 32-737, standards for approval of preliminary PUD site plan. The planning commission shall, within 60 days of the submittal, make a recommendation, with or without conditions, on the preliminary PUD site plan to the city council. The applicant shall incorporate any modifications or conditions recommended by planning commission prior to the review by the city council.

(4)

Following receipt of the planning commission recommendations, the city council shall take final action on the plan and petition within 90 days of the date it receives a recommendation from the planning commission or such reasonable extension of time as may be necessary for adequate review.

(5)

If any conditions are imposed upon the approval of the preliminary PUD site plan by the city council, a list of those conditions shall be made part of the approval and shall be reflected in the final PUD site plan.

(6)

Except in the B-2 district, approval of the preliminary PUD site plan by the city council shall confer upon the owner the right to proceed through the subsequent PUD plan review phases for a period not to exceed three years from date of approval. This period may be extended by the city council for one additional three-year period.

(7)

In the B-2 district, approval of the preliminary PUD site plan does not expire. It may, however, be amended by the city council, upon recommendation from the planning commission.

(8)

The applicant shall submit 15 copies of detailed final site plans to the city clerk, as described in section 32-738, final PUD site plan submittal requirements, for all, or any phase of, the approved preliminary PUD site plan at least 30 days prior to the planning commission meeting at which the planning commission shall first review the request.

(9)

Upon submission of all required materials and fees, the planning commission shall review and shall approve, deny, or approve with conditions, the final PUD site plan in accordance with the standards and regulations of this chapter.

(10)

If the final PUD site plan was approved with conditions, the applicant shall submit a revised site plan to the zoning administrator showing that the conditions have been met prior to the issuance of any building permits. At the discretion of the zoning administrator, final construction plans can be reviewed to determine if conditions have been met instead of a revised final PUD site plan submission.

(11)

If the approved preliminary PUD site plan indicated that the proposed development was to occur in phases, final site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to ensure protection of significant natural, historical, and architectural features, and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area. Subsequent phases shall also follow the process for final PUD site plan outlined in this article.

(12)

In the B-2 district, the city council may, upon recommendation of the planning commission, approve an overall preliminary PUD site plan for multiple sites and then require each subsequent developer to follow the process for final PUD site plan outlined in this article.

(13)

The city council may require each developer to enter into a separate PUD agreement for each individual site or series of projects, depending upon the scale or complexity of the project involved.

(Code 2009, § 40-602; Ord. No. 190, § 1, 9-10-2015)

A preliminary PUD site plan shall set forth the proposed uses to be developed in the PUD. The following specific information shall be provided:

(1)

Proof of ownership. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

(2)

Written documentation. Written documentation that the proposal meets the standards of section 32-734, qualifying conditions.

(3)

Application form and fees. A completed application form, supplied by the zoning administrator, and an application/review fee must be submitted. A separate escrow deposit will also be required for administrative and consultant charges to review the PUD submittal.

(4)

Sheet size. Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale of one inch equals 20 feet for sites of 20 acres or less; and one inch equals 100 feet or less (i.e., one inch equals 20 to 100 feet) for sites over 20 acres.

(5)

Cover sheet. Cover sheet providing:

a.

Applicant's name.

b.

Name of the development.

c.

Date of preparation and any revisions.

d.

North arrow.

e.

Property lines and dimensions.

f.

Complete and current legal description and size of property in acres.

g.

Small location sketch of the subject site and area within one-half mile, and scale.

h.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the PUD site.

i.

Lot lines and all structures on the property and within 100 feet of the PUD property lines.

j.

Location of any vehicle access points on both sides of the street within 100 feet of the PUD site along streets where vehicle access to the PUD is proposed.

(6)

PUD site plan. A site plan sheet indicating:

a.

Existing locations of all natural, historical, and architectural features, existing drainage patterns, surface water bodies, floodplain areas, state department of environment, great lakes and energy (EGLE) designated or regulated wetlands with supporting documentation, nonregulated wetland areas two or more acres in size, and a tree survey indicating the location and diameter (in inches, measured four feet above grade) of landmark trees.

b.

Existing and proposed topography at five-foot contour intervals, and a general description of grades within 100 feet of the site.

c.

Dimensions of existing and proposed right-of-way lines, names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian or bicycle paths.

d.

Existing buildings, utility services (with sizes), and any public or private easements, noting those which will remain, and which are to be removed.

e.

Layout and typical dimensions of proposed lots, footprints, and dimensions of proposed buildings and structures; uses with the acreage allotted to each use. For developments with residential components: the number, type, and density of proposed housing units.

f.

General location and type of landscaping proposed (evergreen, deciduous, berm, etc.) noting existing trees and landscaping to be retained.

g.

Size, type, and location of proposed identification signs.

(7)

Site analysis. A separate plan sheet indicating locations of significant natural, historical, and architectural features, including landmark trees, that will be designated as "areas not to be disturbed" and secured through installation of a snow fence, other fencing, or police line during development of the PUD, including acreage of designated areas.

(8)

Multi-phased PUD. If a multi-phase PUD is proposed, identification of the areas included in each phase and, for residential uses, identification of the number, type, and density of proposed housing units within each phase.

(9)

Additional information. Any additional graphics or written materials requested by the planning commission or city council to assist the city in determining the ability of the proposed PUD to meet the standards in this article and chapter, such as, but not limited to, aerial photography; market studies; impact on public primary and secondary schools and utilities; traffic impact using trip generation rates recognized by the Institute of Transportation Engineers (ITE) for an average day and peak hour of the affected roadways; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; description of how property could be developed consistent with the regulations of the underlying district; preliminary architectural sketches; and estimated construction cost.

(Code 2009, § 40-603; Ord. No. 190, § 1, 9-10-2015)

Based upon the following standards, the planning commission shall recommend denial, approval, or approval with conditions, and the city council may deny, approve, or approve with conditions the proposed preliminary PUD site plan:

(1)

The uses proposed shall be consistent with the city's adopted master plan. Such uses must have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed must not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone or that of another zoning district.

(2)

Proposed amendments to the dimensional standards of this article, such as lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards shall be reviewed and approved by the city.

(3)

A proposed increase in the density requirements of the underlying zoning district may be approved by the city.

(4)

The number and dimensions of off-street parking shall be sufficient to meet the minimum required by article VI of this chapter, off-street parking, loading, and access. However, where warranted by overlapping or shared parking arrangements, the city may reduce the required number of parking spaces in accordance with section 32-618, joint use of parking facilities.

(5)

Streets and parking areas within the PUD may be modified by the city council.

(6)

Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.

(7)

Sidewalks shall be provided for all properties in a PUD.

(8)

Where determined necessary by the city, landscaping shall be preserved or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Plantings and other landscape features shall exceed the standards of section 32-536, landscaping requirements.

(9)

Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land, including EGLE regulated and nonregulated wetlands.

(10)

Surface water shall be retained on the site wherever possible.

(11)

The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the zoning administrator.

(12)

Public water and sewer facilities shall be available or shall be provided.

(13)

Building design shall be of a high quality, exceeding the standards of section 32-552, nonresidential design requirements.

(Code 2009, § 40-604; Ord. No. 190, § 1, 9-10-2015)

The final PUD site plan shall include the following information:

(1)

All information required for site plan submittal in accordance with section 32-68.

(2)

Any additional graphics or written materials requested by the planning commission to assist in determining the impact of the proposed site plan, including, but not limited to, economic or market studies; impact on public utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.

(3)

A proposed written development agreement specifying all the terms and understanding of the PUD development, including:

a.

A legal description or survey of the acreage comprising the proposed PUD.

b.

All conditions upon which the PUD approval is based, with reference to the approved preliminary PUD plan and a description of all deviations or waivers from city regulations which have been requested and approved.

c.

The manner of ownership of the developed land.

d.

The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space.

e.

Provisions assuring that those open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose; the city may require conveyances or other documents to be placed in escrow to accomplish this.

f.

Satisfactory provisions for the future financing of any improvements shown on the plan for site improvements, open space areas, and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the city.

g.

The cost of installing and maintaining all streets and the necessary utilities has been assured by a means satisfactory to the city.

h.

Provisions to ensure adequate protection of natural features and assurance for replacement of any trees and woodlands.

i.

Any other concerns raised by the planning commission or city council regarding the construction and maintenance of the PUD.

j.

The preliminary PUD site plan shall be incorporated by reference and attached as an exhibit.

(Code 2009, § 40-605; Ord. No. 190, § 1, 9-10-2015)

The planning commission shall use the standards for approval of section 32-71, review standards, and any design requirements mandated for the PUD by the city council, in reviewing the final PUD site plan.

(Code 2009, § 40-606; Ord. No. 190, § 1, 9-10-2015)

The planning commission may attach conditions to the final PUD site plan approval to meet the intent of this article.

(Code 2009, § 40-607; Ord. No. 190, § 1, 9-10-2015)

(a)

Project commencement. Construction on the approved final site plan, or for a phase thereof, shall be commenced and proceed in a reasonably diligent manner, within 12 months of approval. If the PUD has not commenced and proceeded beyond site grading to include, at a minimum, installation of footings or foundations and underground utilities at the end of that 12-month period, then the final site plan shall, unless extended as provided for herein, be invalid and void.

(b)

Project completion. The approved final site plan shall remain valid for a three-year period from the date of approval, which is considered to be the date of approval for any administrative reviews required to ensure all conditions of approval are met, provided that the requirements of subsection (a) of this section are met.

(c)

Extensions. The three-year period for project completion may be extended for one year, if applied for by the petitioner and granted by the planning commission in writing following public notice and a public hearing prior to the expiration. Failure on the part of the owner to secure the written extension shall result in a stoppage of all construction.

(Code 2009, § 40-608; Ord. No. 190, § 1, 9-10-2015)

(a)

Deviations and amendments from the approved final PUD site plan shall be reviewed and approved in accordance with section 32-71, changes to an approved site plan.

(b)

Should the planning commission determine that the modifications to the final PUD site plan significantly alter the intent of the preliminary PUD site plan, a new submittal illustrating the modification shall be required and must be approved by the city council as a new preliminary PUD site plan.

(c)

Any amendment to the PUD design guideline requirements established specifically for the PUD by the city council shall be adopted by resolution of the city council, upon recommendation of the planning commission, and will not require amendment of this article. Amendments to this document must be reviewed and approved in accordance with subsection (a) of this section.

(d)

Any deviation from the approved PUD site plan, except as authorized in this section, deviations from approved final PUD site plan, shall be considered a violation of this article and treated as a misdemeanor. Further, any such deviation shall invalidate the PUD designation.

(Code 2009, § 40-609; Ord. No. 190, § 1, 9-10-2015)

The zoning board of appeals is without authority to receive or consider a requested amendment, appeal, or variance related to a PUD. Amendments can only be granted by the planning commission when it is determined that the requested amendments are in keeping with the overall purpose of PUD, as identified in section 32-731, purpose, and improve the quality of the development.

(Code 2009, § 40-610; Ord. No. 190, § 1, 9-10-2015)