Charlevoix City Zoning Code

PLANNED UNIT

DEVELOPMENTS PUDS

§ 153.270 INTENT.

The Planned Unit Development (PUD) District is established as an optional development tool to permit flexibility in the regulation of land development; to encourage innovation in land use, form of ownership and variety of 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 business opportunities particularly suited to residents; 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 property and surrounding areas. It is the further intent of the PUD regulations to promote a higher quality of development than can be achieved from conventional zoning requirements in furtherance of the vision and goals of the adopted City Master Plan.

(Prior Code, § 5.140)

§ 153.271 QUALIFYING CONDITIONS.

(A) In order to qualify for PUD approval, the project must satisfy the conditions of this section.

(B) It is the applicant’s responsibility to demonstrate in writing that each of the following criteria is, or will be, met by the proposed PUD.

(1) Recognizable benefit. A PUD shall achieve recognizable and substantial benefits that would not be possible under the existing zoning classification(s). At least three of the following benefits shall be accrued to the community as a result of the proposed PUD:

(a) Preservation of significant natural features;

(b) A complementary mix of land uses or housing types;

(d) Connectivity of open space with adjacent greenway corridors;

(e) Enhancement of small town appeal;

(f) Improvements to public streets or other public facilities that mitigate traffic and/or other development impacts;

(g) Coordinated development of multiple small parcels; or

(h) Infill development and/or removal or renovation of blighted buildings, sites or contamination clean-up.

(2) Size. Each PUD shall contain a minimum of 21,780 square feet; provided sites containing less than 21,780 square feet may be considered for rezoning to PUD, if the Planning Commission determines that the site will advance the purposes of the PUD District. When determining the appropriateness of areas less than the applicable minimum required, the Planning Commission shall determine that:

(a) Rezoning the area to PUD will not result in a significant adverse effect upon nearby or adjacent lands;

(b) The proposed uses will complement the character of the surrounding area;

(d) The PUD is not being used as a means to circumvent conventional zoning requirements.

(3) Utilities. The PUD shall be served by public water and sanitary sewer.

(4) Ownership. The PUD application shall be filed by the property owner, lessee or other person with legal interest in the property and written consent by the owner. The proposed development shall be under unified ownership or control so one person or entity has proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants and/or deed restrictions indicating that the development will be completed in its entirety as proposed.

(5) Master Plan. Proposed use(s) and design of the PUD shall be substantially consistent with the city’s adopted Master Plan.

(6) Pedestrian accommodation. The PUD shall provide for integrated, safe and abundant pedestrian and bicycle access and movement within the PUD and to adjacent properties.

(7) Architecture. Building forms, relationships and styles shall be harmonious and visually integrated through the use of common materials, colors, treatment and scale.

(8) Traffic. The PUD shall provide for safe and efficient vehicular movement within, into and out of the PUD site. Traffic calming techniques, parking lot landscaping and other sustainable design solutions shall be employed to improve traffic circulation, storm water management, pedestrian safety and aesthetic appeal.

(9) Eligible districts. Land within any zoning district may qualify for PUD zoning.

(Prior Code, § 5.141) (Ord. 794, passed 9-17-2018)

§ 153.272 PUD REQUIREMENTS.

(A) Permitted uses. Any use permitted by right or special use approval in any zoning district may be permitted within a PUD, subject to the provisions of § 153.271 of this chapter and the requirements of this section.

(B) Minimum lot size and zoning requirements. Lot area and width, setbacks, height, lot coverage, minimum floor area, parking, landscaping, lighting and other requirements for the district applicable to the proposed use, as provided in Table 153.272, shall be applicable for all such uses within a PUD unless modified in accordance with division (C) below. In the case of a mix of uses, the zoning requirements applicable to each use category shall apply to that use.

Table 153.272: Minimum Zoning Requirements
Land Use	Applicable Zoning District
Industry	I
Institutional	GC
Multiple-family	R4
Retail, office, service business	GC
Single-family	R1, R2
Townhome	R4

(C) Modification of minimum requirements. District regulations applicable to a land use in the PUD may be altered from the requirements specified in Table § 153.272, including, but not limited to, modification from the lot area and width, building setbacks, height, lot coverage, signs and parking. The applicant for a PUD shall identify in writing all intended deviations from the zoning requirements. Modifications may be approved by the Planning Commission during the preliminary development plan review stage. These adjustments may be permitted only if they will result in a higher quality and more sustainable development consistent with the purposes of PUD expressed in § 153.270. The modifications shall also satisfy at least four of the following criteria:

(1) Preserve the best natural features of the site;

(2) Create, improve or maintain open space for the residents, employees and visitors beyond the minimum required by division (E) below;

(3) Commit that at least 10% of all dwelling units in the PUD will be affordable units;

(4) Provide a mix of residential types such as single-family, townhouse and/or multiple-family;

(5) Employ practices in site layout, building construction and materials that will result in a measurable reduction in energy consumption;

(6) Introduce new development concepts, such as cohousing:

(7) Include a mix of residential and non-residential uses; and

(8) Incorporate pathways for pedestrians and bicycles within the PUD and connectivity to adjacent uses.

(D) Density bonus. In addition to the modification of minimum requirements permitted in division (C) above, the Planning Commission may permit an increase in the total number of residential units allowed within a PUD where it is demonstrated that at least three of the following amenities will be included in the development:

(1) More than 20% of the total units within the PUD will be committed as affordable units;

(2) Forty percent or more of the PUD site will be dedicated as open space;

(3) Low impact development design principles will be employed to minimize storm water runoff;

(4) The proposed development will be an infill or redevelopment project; and/or

(5) The project clearly contributes, in a meaningful way, to the furtherance of the city’s vision, goals and smart growth principles as stated in the Master Plan.

(E) Open space. At least 25% of the area of a PUD site shall be preserved as open space, in accordance with the following requirements. For purposes of this requirement, “green roofs” shall be counted as open space.

(1) Areas not considered open space. The following land areas shall not be counted as required open space for the purposes of this section:

(a) The area within any public street right-of-way or private street easement;

(b) Any easement for overhead utility lines, unless adjacent to qualified open space;

(c) Fifty percent of any flood plain, wetland, water body or steep slope (15% or greater) area and 50% of the area of any golf course;

(d) The area within a platted lot or site condominium unit, unless the lot has been dedicated to open space via conservation easement or other means of ensuring that the lot is permanent open space; and

(e) Parking and loading areas.

(2) Specifications for required open space. Required open space areas shall meet the following specifications:

(a) Shall be for use by all residents, employees and visitors of the PUD, subject to reasonable rules and regulations. In the case of a golf course, stable or similar facility, membership shall be available to all residents of the PUD, subject to charges, fees or assessments for use;

(b) If the site contains a river, stream or other body of water, the city may require that a portion of the required open space abuts the body of water;

(d) Protects the roadside character by establishing buffer zones along scenic corridors and improves public safety and vehicular carrying capacity by avoiding development that fronts directly onto existing roadways;

(e) Shall be configured so the open space is reasonably usable by residents of the PUD;

(f) Shall be of sufficient size and dimension and located, configured or designed in such a way as to achieve the applicable purposes of this chapter and enhance the quality of the development. The open space shall neither be perceived nor function simply as an extension of the rear yard of those lots abutting it;

(g) To the extent practical, open space areas shall be linked with adjacent open spaces, public parks, bicycle paths or pedestrian paths;

(h) Pedestrian access points to the required open space areas from the interior of the PUD shall be provided and clearly identified by signs or a visible improved path for safe and convenient access;

(i) Grading shall be minimal, with the intent to preserve existing topography and landscaping where practical; and

(j) May contain ball fields, tennis courts, swimming pools and related buildings, community buildings, golf courses and similar recreational facilities. However, no more than 50% of the required open space may contain any of these uses.

(Prior Code, § 5.142) (Ord. 794, passed 9-17-2018 ; Ord. 842, passed 12-18-2023 )

§ 153.273 GENERAL PROVISIONS.

(A) Conditions. Reasonable conditions may be imposed upon the PUD approval by the Planning Commission as part of the final decision of the PUD application. The conditions imposed shall be recorded in the minutes of the approval action and shall remain unchanged except upon amendment of the PUD in accordance with the procedures of § 153.290. Conditions may include, but are not limited to, those necessary to:

(1) Ensure that public services and facilities affected by the proposed land use and site plan will not be adversely affected;

(2) Ensure that the use is compatible with adjacent land uses and activities;

(3) Protect natural resources, the health, safety, welfare and social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole;

(4) Ensure compatibility between the proposed use or activity and the rights of the city to perform its governmental functions;

(5) Meet the intent and purpose of this chapter, be related to the regulations and standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards;

(6) Ensure compatibility with other uses of land in the vicinity; and

(7) Ensure compliance with the final development plan and the provisions of this chapter.

(B) Performance guarantees. The Planning Commission may require reasonable performance guarantees in accordance with § 153.239 of this chapter to ensure completion of specified improvements within the PUD.

(C) Interior streets. Public or private streets may be required to be extended to exterior lot lines in order to allow connection to existing or planned streets on adjacent parcels in order to provide for secondary access, continuity of the circulation system and to reduce traffic on collector streets.

(D) Time limits. Each PUD shall be under construction within 12 months after the date of approval of the final development plan. If this requirement is not met, the Planning Commission may, in its discretion, grant one extension not exceeding up to 12 additional months; provided that prior to the expiration of the initial 12-month period, the applicant shall submit reasonable evidence in writing to the effect that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the PUD. If the PUD has not been commenced within the initial 12-month approval period, or within an authorized extension thereof, any building permits issued for the PUD or any part thereof shall be of no further effect. At the expiration of the applicable period of time, the Planning Commission may initiate proceedings for the rezoning of the property to some other zoning district.

(Prior Code, § 5.143) (Ord. 794, passed 9-17-2018)

§ 153.274 PUD REVIEW PROCEDURES.

The following procedures shall be followed in the establishment of any PUD.

(A) Pre-application conference. Prior to filing a formal application for a PUD, the applicant shall meet with the Zoning Administrator and others, as the Zoning Administrator determines, in order to review the general character of the proposed development (i.e., its scope, nature and location). At this time, the applicant shall be advised of the PUD review procedures and the various information, studies and the like, which may be required as part of the review process.

(B) Preliminary PUD application. An application for rezoning to PUD shall be submitted to the Zoning Administrator on a form for that purpose, along with an application fee in accordance with the schedule of fees established by the City Council. In addition, the application shall include the following.

(1) Parallel plan. Residential density shall be determined through the preparation of a conventional development plan illustrating how the site could be developed in accordance with the basic requirements of this chapter. A concept layout shall be prepared to scale showing, as applicable, single-family and two-family lots, townhome and multiple-family buildings, parking, setbacks and street rights-of-way. The number of units that could be accommodated under the base zoning shall serve as maximum number permitted, unless a density bonus is approved in accordance with division (D) below. Live/work units located above main floor businesses shall not be counted toward the maximum number of dwellings.

(2) Preliminary development plan. A preliminary development plan containing the following information shall be submitted:

(a) A general location map;

(b) A legal description of the subject property;

(c) A title block, date, north arrow, scale, name and contact information of applicant and name and contact information of plan preparer;

(d) A current topographical map clearly showing existing topographic conditions, including contour intervals of no more than two feet based on field survey or photogrammetric methods;

(e) A map showing the existing flood plains as indicated by the Federal Emergency Management Agency;

(f) A property boundary survey;

(g) The location of existing natural features including woods, streams, ponds, wetlands and steep 15% or greater) slopes;

(h) Existing land uses within the development site and surrounding areas for a distance of 300 feet, including the approximate location of all buildings, structures, lots and streets (an aerial photo may suffice);

(i) The location and identification of existing and proposed public, semi-public or community facilities such as schools, parks, trails, churches, public buildings and dedicated open space;

(j) Existing zoning on all abutting properties;

(k) The approximate location of existing and proposed utilities, including a preliminary utility and drainage concept plan;

(l) Uses proposed within the PUD;

(m) Number and type of dwelling units proposed, including the number and type of committed affordable units, if any;

(n) Conceptual layout;

(o) The general location of proposed interior streets and access points to abutting streets;

(p) The general location of off-street parking facilities and number of spaces proposed; and

(q) Perspective drawings or photographs of representative building types, indicating the proposed architectural style and appearance.

(3) Summary of intent. A written statement containing the following information shall be submitted with the preliminary development plan:

(a) A statement of how the proposed PUD meets each of the qualifying conditions of § 153.271 of this chapter;

(b) A statement of the present ownership of all land within the proposed development;

(c) An explanation of the character of the proposed development including a summary of acres or square footage by type of use, number and type of dwelling units, gross density calculation for dwelling units and minimum standards for floor area, lot size and setbacks;

(d) A complete description of any requested deviations from the applicable spatial or other requirements applying to the property, in accordance with § 153.272(C) of this chapter;

(e) A general statement of the proposed development schedule and progression of each phase or stage; and

(f) Intended agreements, provisions and covenants to govern the use of the development, building materials or architectural styles and any common or open space areas, including the provisions which will organize, regulate and sustain the property owners association, if applicable.

(1) Planning Commission review. Upon receipt of the PUD application and related materials, the Planning Commission shall conduct a work session with the applicant to review the development concept and determine the need for additional information, if any, prior to conducting a public hearing.

(2) Additional information. If required by the Planning Commission, the applicant shall submit additional information and/or studies to support the request such as, but not limited to: impact assessment; traffic analysis; storm water study; or a market feasibility study.

(3) Public hearing. Upon completion of its initial review and following receipt of any additional materials, the Planning Commission shall conduct a public hearing, notice of which shall be in accordance with the requirements of § 153.006(C) of this chapter.

(4) Recommendation. Following the public hearing, the Planning Commission shall review the PUD request and the preliminary development plan based on conformance with the standards of § 153.275 and shall approve, deny or approve with modifications the request for PUD zoning and the preliminary development plan.

(5) Zoning Map. If the PUD zoning is approved, the Zoning Administrator shall cause the zoning map to be changed to indicate the planned unit development. If the preliminary development plan is approved with modifications, the applicant shall file with the Zoning Administrator written notice of consent to the modifications and a properly revised preliminary development plan prior to the map being changed.

(D) Final development plan. Within 12 months of the Planning Commission's approval of the preliminary development plan and PUD rezoning, the applicant shall submit a final development plan for the entire PUD or one or more phases to the Zoning Administrator, in accordance with the requirements for Level B site plan review, as contained in § 153.235 of this chapter. If determined to be complete by the Zoning Administrator, copies of the plan shall be forwarded to the Planning Commission.

(1) Phased projects. If the PUD is to be developed in phases, the final development plan may be submitted for one or more phases of the overall PUD. A tentative schedule for the completion of each phase and commencement of the next phase shall also be submitted for Planning Commission approval.

(2) Extension of time limit. One extension of the time period for submitting the final development plan may be granted by the Planning Commission for up to an additional 12 months if a request is submitted by the applicant in writing prior to the expiration of the original 12-month approval period. If an application for final development plan approval has not been submitted prior to the expiration of the original 12 months or an approved extension, the preliminary development plan shall be null and void. In addition, the Planning Commission may initiate a rezoning of the property to another zoning district.

(3) Subdivision plat. For any PUD requiring subdivision plat or site condominium approval, the subdivision plat or site condominium shall be submitted simultaneously with the final development plan and reviewed concurrently as part of the PUD.

(4) Review and action. The Planning Commission shall review the final development plan in relation to its conformance with the preliminary development plan and any conditions or modifications attached to the PUD rezoning. If it is determined that the final plan does not substantially conform to the preliminary development plan, the review process shall be conducted as a preliminary development plan review, in accordance with § 153.274. If the final development plan is consistent with the approved preliminary development plan, the Planning Commission shall review the final plan in accordance with the standards for site plan review, § 153.237 and the PUD standards of § 153.275. The Planning Commission shall prepare a record of its findings and shall approve, deny or approve with modifications the final development plan.

(Prior Code, § 5.144) (Ord. 794, passed 9-17-2018; Ord. 823, passed 1-4-2021)

§ 153.275 REVIEW STANDARDS.

In considering the PUD request, the reviewing body must find that the proposed development meets all of the following general standards.

(A) The PUD will promote the intent and purpose of this subchapter.

(B) The PUD will comply with the standards, conditions and requirements of this subchapter.

(C) The proposed project will be compatible with adjacent uses of land, the natural environment and the capacities of public services and facilities affected by the proposed project.

(D) The proposed project will be consistent with the public health, safety and welfare needs of the city.

(E) Granting the PUD rezoning will result in a recognizable and substantial benefit to ultimate users of the project and to the community which would not otherwise be feasible or achievable under the conventional zoning districts.

(F) The PUD will not result in a significant increase in the need for public services and facilities and will not place a significant burden upon surrounding lands or the natural environment, unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved.

(G) The PUD will be consistent with the city’s Master Plan and the following planning principles, as applicable:

(1) Redevelopment and infill locations should be favored over greenfield development;

(2) Natural features and resources should be preserved or at least conserved;

(3) Future development/redevelopment shall strengthen the physical character of the city;

(4) Quality design is emphasized for all uses to create an attractive, distinctive public and private realm;

(5) Places are created with an integrated mix of uses that contribute to the city’s identity and vitality;

(6) Diverse housing choices are offered, including relatively high density and affordable units;

(7) Parks, open space and recreational areas are incorporated into future development; and

(8) Places are connected and accessible throughout the community by transportation methods other than automobiles.

(H) The PUD will respect or enhance the established or planned character, use and intensity of development within the area of the city where it is to be located.

(Prior Code, § 5.145)

§ 153.276 DEVELOPMENT AGREEMENT.

(A) 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 a recordable form, that sets forth the applicant’s obligations with respect to the PUD.

(B) 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 modifications, other documents which comprise the approved PUD and all conditions attached to the approval by the city.

(C) A phasing plan shall also be submitted, if applicable, describing the intended schedule for start and completion of each phase and the improvements to be undertaken in each phase.

(D) 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.

(E) All documents shall be executed and recorded in the county.

(Prior Code, § 5.146)

§ 153.277 DEVIATIONS FROM APPROVED FINAL PUD SITE PLAN.

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

(A) Notify Zoning Administrator. The holder of an approved PUD final development plan shall notify the Zoning Administrator of any desired change to the approved PUD.

(B) Minor change determination. 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 modifications imposed as part of the original approval. Minor changes shall include the following:

(1) Reduction of the size of any building and/or sign;

(2) Movement of buildings and/or signs by no more than ten 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 which do not alter the character of the use or increase the amount of required parking;

(5) Internal rearrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design; or

(6) Changes required or requested by the city or any other county, state or federal regulatory agency in order to conform to other laws or regulations.

(C) Major change determination. 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 for the final development plan. While not required, the Planning Commission may elect to hold a public hearing in which case the notification requirements of § 153.274(C)(3) of this chapter shall be followed.

(Prior Code, § 5.147)

§ 153.278 APPEALS AND VARIANCES.

The Zoning Board of Appeals shall have no jurisdiction or authority to accept or consider an appeal from any PUD determination or decision, or any part thereof, nor shall the Zoning Board of Appeals have authority to grant variances for or with respect to a PUD or any part thereof.

(Prior Code, § 5.148)