(a)

The intent of this article is to provide an optional method for residential land development, which allows for flexibility in the application of the standards governing the type of residential structures permitted and their placement on the property. A planned residential unit development will provide for the development of residential land as an integral unit which incorporates within a single plan the location and arrangement of all buildings, drives, parking areas, utilities, landscaping and any other improvements or changes within the site. Deviation from the specific site development standards of this chapter may be allowed as long as the general purposes for the standards are achieved and the general provisions of the zoning regulations are observed. A planned residential unit development shall be designed to:

(1)

Achieve compatibility with the surrounding area and to encourage innovation and variety in the design, layout and type of residential development;

(2)

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

(3)

Provide for efficiencies and economies in providing public services and utilities; and

(4)

Encourage the development of more useful open space.

(b)

The total area comprising a planned residential unit development is to be planned and developed as a unified and coordinated project.

(Code 1985, § 5.47.00)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Common open space means lands within the planned residential unit development, under the common ownership of all residents in the planned residential unit development, to be used for a park, recreation or environmental amenity. Such lands shall not include public or private streets, driveways or parking areas. Within the lands only facilities and structures for recreational purposes may be constructed, with the total impervious area of roofs and paving constituting not more than ten percent of the total open space.

Homeowners' association means an association of all owners of a project, organized for the purpose of administering, managing and maintaining the common open space, and common property and facilities. The association shall be described in all covenants, deeds or other recorded legal documents which affect the title to any land within the development.

(Code 1985, § 5.47.01)

Cross reference— Definitions generally, § 1-2.

A planned residential unit development will be developed in accordance with the following standards, except that, upon recommendation of the city planning commission, the city commission may waive a part or all of these requirements where, because of parcel size or shape or other extenuating factors, such a restriction would be to the detriment of quality development, and through site design, any adverse affects to adjoining properties can be eliminated:

(1)

Minimum size. The minimum size shall be three acres.

(2)

Permitted principal uses. Permitted principal uses shall be as follows:

a.

Residential R-1 districts.

1.

Single-family dwellings.

2.

Attached single-family dwellings limited to a cluster of units not more than 150 feet in length.

b.

Residential R-2 districts.

1.

Single-family dwellings.

2.

Attached single-family dwellings limited to a cluster of units not more than 150 feet in length.

3.

Multiple-family dwellings.

(3)

Allowable densities.

a.

The maximum density permitted in a planned residential unit development shall be:

1.

R-1, 5.0 dwelling units per acre.

2.

R-2, 15.0 dwelling units per acre.

b.

Where a planned residential unit development includes land in more than one zoning district, the dwelling units must be distributed throughout the project in accordance with the allowable density of the zoning district in which they are located.

(4)

Permitted accessory uses. Permitted accessory uses shall include:

a.

Common open space for passive or active recreation and golf course area specifically for the residents of the planned residential unit development.

b.

Streams or ponds.

c.

Parking lots.

d.

Other uses which, as the result of the plan review process, are determined to be designed to serve the residents of the planned residential unit development.

(5)

Common open space. At least 40 percent of total land area within a planned residential unit development shall be in common open space, and it shall be distributed more or less uniformly throughout the total site area.

(6)

Unified control. All lands within a proposed planned residential unit development shall be under the control of a single applicant, with that applicant being an individual, partnership, corporation or group of individuals, partnerships or corporations. All buildings, structures, landscaping and other improvements in a planned residential unit development shall be under the unified control of the same applicant.

(7)

Access and circulation.

a.

Roadway access for planned residential unit developments will be reviewed in accordance with standards set forth in chapter 24.

b.

Private roadway width shall be a minimum of 20 feet. Roadways will be paved in accordance with specifications approved by the city engineer.

c.

Improved walkways will be provided within the planned residential unit development as dictated by internal circulation requirements, and walkways shall connect to external walks providing access to schools, parks and other pedestrian traffic generators.

(8)

Parking standards.

a.

Spaces required. Parking spaces shall be required as follows:

1.

One-bedroom units, 1½ spaces.

2.

Two-bedroom units or more, two spaces.

3.

Guest parking as dictated by the project design.

b.

Design and layout in R-1 residential districts.

1.

Parking in an R-1 residential district must be arranged so as to be compatible with the surrounding development in that residential district. Parking for residents and guests must be considered in the overall design. Private drives and garages are allowed.

2.

Parking lots shall conform to the following:

i.

Parking space dimensions shall be no less than ten feet in width or 20 feet in length.

ii.

A single parking area shall contain no more than 20 parking spaces.

iii.

Within a parking area, no more than ten spaces shall be permitted in a continuous row without being interrupted by landscaping.

3.

Separate parking or storage areas may be provided to accommodate motor homes, campers, boats and similar vehicles and equipment. Such areas will be screened from both within and without the planned residential unit development.

c.

Design and layout in R-2 residential districts.

1.

Parking space dimensions shall be no less than ten feet in width or 20 feet in length.

2.

Parking lots shall conform to the following:

i.

No more than 40 parking spaces shall be accommodated in a single parking area.

ii.

No more than ten parking spaces shall be permitted in a continuous row without being interrupted by landscaping.

d.

Screening. Parking areas shall be screened from adjacent roads and buildings with hedges, fences, walls, dense plantings or berms.

e.

Lighting. All areas shall be adequately lighted. Lighting shall be arranged so as to be directed away from any residential buildings.

(9)

Site perimeter yard requirements.

a.

Where a planned residential unit development abuts a R-1 district, all structures shall be at least 30 feet from any perimeter boundary line, except that such structures in excess of 40 feet in length shall be set back an additional foot for every five feet of building length parallel to such boundary line.

b.

Where a planned residential unit development abuts a zoning district other than an R-1 or R-2 district, all structures shall be set back at least 25 feet from any perimeter boundary line.

c.

Where a planned residential unit development abuts an R-1 district, no intensive recreational building or facility shall be located within 50 feet of any perimeter boundary line.

d.

Except for single-family detached dwelling units, where a planned residential unit development abuts an R-1 district, no parking area shall be within 50 feet of any perimeter boundary line.

(10)

Interior yard requirements. Yards in the interior of a planned residential unit development may be less than those required in the zoning district within which they are located. Development may occur without any provision for interior yards, but in no case shall buildings be closer than ten feet from each other (zero lot line development).

(11)

Underground utilities. All utilities within a planned residential unit development shall be constructed underground.

(12)

Lot sizes. Lot sizes may be reduced from the regulations of the specific zoning district. Provisions may be made for developments without lot area.

(13)

Dwelling unit access. Dwelling units may front on and take access from private roadways which are part of the commonly held lands within the development.

(Code 1985, § 5.47.02)

(a)

Filing. Applications for a planned residential unit development are to be filed with the city manager.

(b)

Applicant. An application for approval of a planned residential unit development shall be submitted by or on behalf of an applicant who has a demonstrable legal interest in all of the lands within the proposed development.

(c)

Preapplication conference. An applicant shall meet with the city manager prior to the submission of a formal application. The purpose of the conference is to review procedures necessary for the submission of an application. Special problems concerning utilities, street access, site design and zoning will be identified to enable the developer to better plan for the project. Time requirements for plan approval will be reviewed.

(d)

Preliminary plan application. Before submitting a final plan, an applicant shall submit a preliminary plan of the planned residential unit development in accordance with requirements set forth in subsection (f) of this section. The plan shall show the name, location and principal design elements so as to enable the city to make a determination as to whether the planned residential unit development is in conformance with the requirements of this chapter. The approval of a preliminary plan shall confer on the applicant the conditional right that the general terms and conditions under which the preliminary plat approval was granted will not be changed.

(e)

Final plan application. Upon approval of a preliminary plan application, a developer shall prepare and submit a final plan application in accordance with the requirements set forth in subsection (g) of this section. A final plan submitted in accordance with an approved preliminary plan shall warrant approval by the city planning commission and the city commission. Upon approval of a final plan application by the city commission, the developer may obtain necessary building permits for the construction of the planned residential unit development.

(f)

Preliminary plan application submission requirements. The preliminary plan application shall contain the following:

(1)

Two copies of the following information: applicant's name, address, telephone number and proof of property interest, and the name, address and telephone number of the architect, engineer or designer preparing the application.

(2)

Two copies of a written legal description of the total site area proposed for development.

(3)

Five copies of a site plan and supporting maps and drawings containing the following information, at a scale of not more than one inch equals 100 feet, and sufficiently dimensioned so as to identify the size and location of the various elements of the plan:

a.

Location map.

b.

Site topography, existing and proposed, at an interval of no greater than two feet.

c.

Location of all existing and proposed buildings and structures.

d.

Public and private roadways within and adjacent to the site.

e.

Walkways within and adjacent to the site.

f.

Park areas, driveways, and loading and service areas.

g.

Open areas and a description as to use thereof.

h.

A written tabulation of statistical data concerning the site, including the number of dwelling units by type, the area of all parcels created, the area of all common open space and the number of parking spaces provided.

i.

A general landscape plan of landscaping within the site. Specific details of plant size shall be shown for any landscaping provided to comply with any required screening within the project.

j.

Location and screening of any outside trash containers.

k.

Location and size of all existing utilities and drainage facilities.

l.

General location and size of all proposed utilities and drainage facilities.

m.

Dimensions of all parcels to be created as a part of the development.

(4)

Two copies of building elevation drawings, showing the architectural style to be used in the development.

(5)

A submittal fee in accordance with section 24-104.

(g)

Final plan application submission requirements. The final plan application shall contain the following:

(1)

Two copies of the following information: applicant's name, address, telephone number and proof of property interest, and the name, address and telephone number of the architect, engineer or designer preparing the application (two copies).

(2)

Two copies of a written legal description of the total site area proposed for development.

(3)

Two copies of a letter of transmittal setting forth the proposed development schedule, including the sequence of any phases of development.

(4)

Five copies of a site plan, and supporting maps and drawings containing the following information, at a scale of not more than one inch equals 100 feet, and dimensioned so as to identify the size and location for the various elements of the plan:

a.

A location map.

b.

Site topography, existing and proposed, at an interval of no greater than two feet.

c.

Location of all existing and proposed buildings and structures.

d.

Public and private roadways within and adjacent to the site.

e.

Walkways within and adjacent to the site.

f.

Park areas, driveways, and loading and service areas.

g.

Open areas and a description as to the use thereof.

h.

A written tabulation of statistical data concerning the site, including the number of dwelling units by type, the area of all parcels created, the area of all common open space and the number of parking spaces provided.

i.

A general landscape plan of landscaping within the site. Specific details of plant size shall be shown for any landscaping provided to comply with any required screening within the project.

j.

Location and screening of any outside trash containers.

k.

Dimensions of all parcels to be created as a part of the development.

(5)

Two copies of the organizational structure of the homeowners' association to be formed for the operation and maintenance of all common open space and common property and facilities within the development.

(6)

Two copies of all covenants pertaining to the development.

(7)

Plans and specifications for all sanitary sewer, storm drainage, water and roadways within the project. Such plans and specifications shall be prepared by a professional engineer in accordance with the standards of the department of public health of the state, as they pertain to public utilities.

(Code 1985, § 5.47.03)

Public hearing and notice. The planning commission shall conduct a public hearing on the proposed planned residential unit development. Notice of such public hearing shall be given as set forth in section 52-344.

(Code 1985, § 5.47.04; Ord. of 9-5-2006)

Public hearing and notice. The city commission shall conduct a public hearing on the proposed planned residential unit development. Notice of such public hearing shall be given as set forth in section 52-344.

(Code 1985, § 5.47.05; Ord. of 9-5-2006)

(a)

Submission. A developer may submit to the city manager for final approval all or part of the plan for which preliminary approval has been received. Any final plan for a part of the larger development shall be such that its proportional share of the common space shall be included in and contiguous to the area to be developed, and such partial development shall be capable of standing on its own with respect to necessary improvements, circulation, facilities and open space.

(b)

Planning commission action. After a study of the proposed final plan for a planned residential unit development or part thereof, the planning commission shall, within 30 days of the receipt of such plan, recommend to the city commission approval, approval with modification or disapproval of the project. The planning commission shall prepare a report explaining its action. The planning commission shall recommend approval of a final plan unless it is determined that the final plan is not in accordance with the approved preliminary plan or that the final plan, when a part of a total proposed plan, does not represent a proportion of all critical elements of the plan.

(c)

City commission action. Within 30 days of the receipt of a recommendation from the city planning commission and after the execution of the agreement by the developer, as required in subsection (d) of this section, the city commission shall approve, approve with modification or disapprove the final plan. A final plan shall be approved unless it is determined that it is not in conformance with the approved preliminary plan or that such final plan, when a part of the total proposed plan, does not represent a proportional part of all the critical elements of the plan. The planning commission shall set forth, in writing, the basis for its decision and any conditions relating to an affirmative decision.

(d)

Agreement required.

(1)

Prior to final plan approval by the city commission, the developer shall have executed, and submitted in duplicate to the city manager, an agreement with the city, setting forth:

a.

The specific location and use of all common lands and common facilities within the development;

b.

The organizational structure of the homeowners' association and provisions for implementation of transfer of control to such association from the developer;

c.

The methods for levying taxes, and operation and maintenance fee;

d.

Provisions enabling the city to enter in and maintain such common lands and facilities when the developer or homeowners' association has failed to do so, along with procedures for assessing such costs back to the development;

e.

Provisions whereby the building inspector shall not issue a certificate of occupancy until all the required improvements as set forth in the site plan have been completed, or a financial guarantee sufficient to cover the cost of any improvements not completed, has been provided to the city as prescribed in accordance with the provisions of section 52-379;

f.

Provisions to allow the city to enter and complete such improvements if the developer has failed to do so within the stated period of time.

(2)

The agreement shall be approved as to form and content by the city attorney.

(Code 1985, § 5.47.06)

(a)

Preliminary plan. The length of approval of a preliminary plan for a planned residential unit development shall be 18 months from the date of the city commission's action. An extension may be applied for in writing by the applicant prior to the expiration date, and extensions may be granted by the city commission twice, each for a period of one year.

(b)

Final plan. The length of approval of a final plan for a planned residential unit development shall be two years from the date of the city commission's action. An extension may be applied for in writing by the applicant prior to the expiration date, and extensions may be granted by the city commission twice, each for a period of one year. Where a planned residential unit development is being developed in phases, the initiation of each new development phase shall automatically extend the approval for two years from the date of issuance of a building permit.

(Code 1985, § 5.47.07)

(a)

Condition for issuance of temporary certificate of occupancy. If, when a certificate of occupancy is requested, all required site improvements have not been completed, the building inspector may issue a temporary certificate of occupancy upon receipt from the developer by the city clerk of a financial guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit or surety bond in an amount sufficient to cover the cost of outstanding improvements.

(b)

Covered improvements. The amount of the performance guarantee shall be limited to cover the estimated cost of improvements necessary to comply with the provisions of this chapter and any conditions attached to the planned residential unit development approval, and such improvements shall include, but not be limited to, roadways, lighting, utilities, sidewalks, screening and drainage.

(c)

Exemption. This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit or surety bond has been deposited pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(d)

Completion time. All required improvements covered by the performance guarantee shall be completed within 240 days of the issuance of the temporary certificate of occupancy. If all required improvements are not completed within the time period provided, the city, by resolution of the city commission, may proceed to have such work completed and reimburse itself for the cost thereof from the security furnished by the proprietor.

(e)

Release. Upon the written request of the developer for a release of all or a portion of the financial security provided for the completion of the improvements, and upon certification by the city building inspector that the proportion of the financial security requested to be released is equal to or less than the proportion of the improvements installed at the date of such request, the city manager may authorize the release of such financial security to the developer or to such other source as shall be directed by the developer. Any written request from the developer seeking a release of a portion of the financial security shall be accompanied by a written certification from the developer's engineer or architect certifying what part of the improvements have, in fact, been completed.

(Code 1985, § 5.47.08)

State Law reference— Deposit of performance guarantee, MCL 125.584e.

Minor changes in the location, siting or character of buildings and structures may be authorized by the city manager, if required by engineering or other circumstances not foreseen at the time the final development program was approved. No change authorized under this section may increase by more than ten percent, or decrease by more than 20 percent, the size of any building or structure, nor change the location of any building or structure by more than ten feet in any direction, provided, notwithstanding anything in this subsection to the contrary, the city manager may not permit changes beyond the minimum or maximum requirements set forth in this article. All other changes in the planned residential unit development, including changes in the site plan and the development schedule, must be made under the procedures that are applicable to the initial approval of a planned residential unit development.

(Code 1985, § 5.47.09)

Any planned residential unit development which will result in the creation of parcels of land under separate ownership, as defined in Public Act No. 288 of 1967 (MCL 560.101 et seq.), the Land Division Act; or Public Act No. 59 of 1978 (MCL 559.101, et seq.), the Condominium Act, shall comply with the provisions of such Acts.

(Code 1985, § 5.47.10; Ord. of 9-5-2006)