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Coloma Charter Township
City Zoning Code

ARTICLE XI

PLANNED UNIT DEVELOPMENT

Sec. 40-730.- Intent.

(a)

The intent of this article is to provide a degree of flexibility with regard to the use, area, height, bulk, and placement regulations for relatively large-scale developments which qualify as planned unit developments. These may include, but are not limited to, housing developments, shopping centers, industrial districts, office districts, and medical and educational campuses.

(b)

The use, area, height, bulk, and placement regulations of this article are primarily applicable to the usual situation of one principal building on one lot. These requirements would in certain large developments have results which would less serve the public health, safety, and welfare than if a controlled degree of flexibility were allowed. As an example, a large-scale residential development might better serve the public health, safety, and welfare if a portion of the open space requirement for individual dwellings were consolidated into playgrounds or community parks.

(c)

A development may be of such large size as to justify permitting certain incidental uses not normally permitted in the zoning district. Permitting these uses as special land uses can in certain cases increase convenience, be compatible with the overall character of the district, and not be injurious to adjoining properties. As an example, a large office building or multiple-family development might include a coffee shop, food store, or barbershop primarily intended for occupants or residents of the premises.

(Ord. No. 90, § 26.01, 12-24-2016)

Sec. 40-731. - Minimum requirements.

All planned unit developments shall comply with the schedule of district regulations for the zoning district in which subject properties are located, unless incentive allowances are approved by the township board pursuant to section 40-738 and such special land uses and exceptions are approved by the township board pursuant to section 40-737.

(Ord. No. 90, § 26.02, 12-24-2016)

Sec. 40-732. - Inclusion of special land uses and exception of district regulation.

Subject to the foregoing statement of intent and the following limitations and requirements, the township board may, upon application, approve as a planned unit development special land uses and exceptions to the terms of this article in reference to the use, area, height, bulk, and placement regulations of this article where such special land uses and exceptions are deemed necessary to fulfill the intent of the proposed planned unit development.

(Ord. No. 90, § 26.03, 12-24-2016)

Sec. 40-733. - Residential PUD minimum size requirement.

A residential planned unit development will consist of any size parcel of land located in the R-1A, R-1B, R-2A, R-2B, R-3 and RMH zoning districts where the parcel or property will be recorded as a residential site condominium pursuant to the Condominium Act, MCL 559.101 et seq. Residential subdivisions intended to be recorded pursuant to the Land Division Act, MCL 560.101 et seq., may also be processed as a planned unit development.

(Ord. No. 90, § 26.04, 12-24-2016)

Sec. 40-734. - Commercial and industrial PUD minimum size requirements.

Unless elsewhere permitted or required, a commercial or industrial planned unit development will constitute a parcel of land of at least five acres located in the C-1, C-2, M- 1, and M-2 zoning district to be occupied by principal buildings with more than 50,000 square feet of usable floor area; the development shall be designed as an entity, intended to be substantially completed within three years.

(Ord. No. 90, § 26.05, 12-24-2016)

Sec. 40-735. - Application and site plan review required for approval.

An application and site plan shall be filed, in triplicate, with the planning commission and township board via the township clerk and shall contain the following:

(1)

Covering letter signed by owner or prospective developer holding an equitable interest in the property in question, indicating:

a.

Legal description, showing location and acreage of property;

b.

Existing zoning classifications; and

c.

General description of proposed development and estimated timetable of construction.

(2)

A site plan prepared in accordance with article XII of this chapter and in addition:

a.

On the site plan, there shall be the proposed schedule of. usable floor areas and land areas by category of use, building ground coverage, square feet of net lot area and preserved open space per dwelling unit, number of parking spaces, and such other information necessary to satisfy the intent and requirements of this article.

b.

A declaration of restrictions to be placed on a property when subdivided to ensure the planned character and uses will be preserved and protected.

(Ord. No. 90, § 26.06, 12-24-2016)

Sec. 40-736. - Planning commission review, public hearing and township board report.

(a)

Public hearing. Upon receipt of the application and site plan, the planning commission shall schedule and hold a public hearing on the proposal. Notice of the hearing shall be given in accordance with applicable statutory requirements. The notice of the hearing shall include the following:

(1)

Describe the nature of the planned unit development request;

(2)

Indicate the property, which is the subject of the planned unit development request;

(3)

State when, where, and at what time the public hearing on the planned unit development request will be considered; and

(4)

Indicate when and where written or oral comments will be received concerning the request.

(b)

Planning commission review and report. The planning commission shall review the application and site plan and prepare a report on whether or not the proposed development best serves the intent of this article and the public health, safety, and welfare with respect to the requested special land uses and exceptions to the schedule of district regulations (section 40-42) for the zoning district in which the subject parcel is located. The report shall include findings on the following:

(1)

Have the following considerations been evaluated: location, density of population, adequacy of parking and other public facilities, traffic volumes and circulation, compatibility with existing development, adequate provision for light and air, and accessibility for fire and police protection?

(2)

Is the proposal compatible with objectives of the master plan or specific elements thereof which have been officially adopted by the planning commission?

(3)

Is adequate provision made for dedication of land for streets, floodplains, and parks?

(4)

Are the exceptions from district regulations within the limitations of this chapter?

(5)

What other conditions should be required for issuance of a special land use permit or exceptions in regard to use, area, height, bulk or placement?

(c)

Planning commission approval/denial and recommendations. The planning commission after completion of the required public hearing and preparations of a report to the township board shall consider by formal motion an action recommending approval or denial of the applicant's request and shall then transmit the application and site plan, together with its recommended approval or disapproval and the report, to the township board. Approval shall only be recommended if the planning commission shall make an affirmative finding on subsections (b)(1) through (5) of this section.

(Ord. No. 90, § 26.07, 12-24-2016)

Sec. 40-737. - Action of the township board.

The township board, upon receipt from the planning commission of its report and recommendations, may then approve or deny the planned unit development subject to the following limitations in addition to those standards established in section 40-735.

(Ord. No. 90, § 26.08, 12-24-2016)

Sec. 40-738. - Maximum PUD incentive allowances.

(a)

Residential district planned unit development. All planned unit developments in the R-1A, R-1B, R-2A, R-2B, R-3 and RMH zoning districts, residentially zoned districts, shall be subject to the following limitations:

(1)

A maximum of five percent of the total development area may be utilized for uses permitted in the C-1 Commercial District.

(2)

No business use or any building devoted primarily to a commercial use shall be built or established prior to the residential buildings or uses for which it is developed or intended to serve.

(3)

The minimum area, dimensions, and setbacks of individual buildings and lots may be reduced, provided that the total number and density of dwellings shall be increased by no more than 20 percent greater than that which could ordinarily result under the district regulations. Land accruing from reduction in lot requirements shall be laid out, developed, and perpetually reserved for open space, recreational, and conservation purposes.

(4)

A minimum of 20 percent of the land developed in any residential planned unit development shall be reserved for common open space and noncommercial recreational facilities for the residents and users of the area being developed.

(5)

All open space shall be contiguous with the rest of the planned unit development.

(b)

Commercial district planned unit development. All planned unit developments in C-1 Commercial and the M-1 Commercial-Industrial Districts shall be subject to the following:

(1)

The use, area, height, bulk, and placement regulations of the district may be varied to allow for a variety of architectural design.

(2)

Notwithstanding any other provisions of this section, every lot within a commercial planned unit development abutting the perimeter shall maintain all yard requirements of section 40-42 for commercial zoning districts.

(3)

A maximum of 15 percent of the total developed area may be utilized for multiple-family residential use.

(4)

A maximum of five percent of the total developed area may be utilized for industrial uses deemed compatible with the commercial or residential character of the planned unit development.

(5)

A minimum of 15 percent of the land developed in any commercial planned unit development shall be reserved and utilized for common open space and noncommercial recreational facilities for the users of the area being developed.

(6)

All open space shall be contiguous with the rest of the planned unit development.

(c)

Industrial district planned unit development. All planned unit developments in the M-1 Commercial-Industrial and M-2 Industrial Districts shall be subject to the following limitations:

(1)

The use, area, height, bulk, and placement regulations of the district may be varied to allow for a variety of architectural design.

(2)

Notwithstanding any other provisions of this section, every lot within an industrial planned unit development abutting the perimeter shall maintain all yard requirements of section 40-42 for industrial zoning districts.

(3)

A maximum of ten percent of the total developed area may be utilized for uses that are permitted in the C-1 Commercial District.

(4)

A minimum of five percent of the land developed in any industrial planned unit development shall be utilized for common open space and noncommercial recreational facilities for the users of the area being developed.

(5)

All open space shall be contiguous with the rest of the planned unit development.

(d)

AG-T-transitional agricultural/residential district planned unit developments. All planned unit developments in the AG-T zoned districts shall be subject to the following limitations:

(1)

A maximum of five percent of the total development area may be utilized for uses permitted in the C- 1 Commercial District.

(2)

No business use or any building devoted primarily to a commercial use shall be built or established prior to the residential buildings or uses for which it is developed or intended to serve.

(3)

The minimum area, dimensions, and setbacks of individual buildings and lots may be reduced, provided that the total number and density of dwellings shall be increased by no more than 20 percent greater than that which could ordinarily result under the district regulations. Land accruing from reduction in lot requirements shall be laid out, developed, and perpetually reserved for open space, recreational, and conservation purposes.

(4)

A minimum of 20 percent of the land developed in any residential planned unit development shall be reserved for common open space and noncommercial recreational facilities for the residents and users of the area being developed.

(5)

All open space shall be contiguous with the rest of the planned unit development.

(Ord. No. 90, § 26.09, 12-24-2016)

Sec. 40-739. - Issuance of zoning compliance permit and effective term.

The approval of the application by the township board shall allow the zoning administrator to issue a zoning compliance permit in conformity with the application as approved. Upon the abandonment of a particular planned unit development by the applicant authorized under this section or upon the expiration of one year from the authorization hereunder of a planned unit development which has not by then been commenced, the authorization shall expire.

(Ord. No. 90, § 26.10, 12-24-2016)