This chapter sets forth procedures and approval standards to rezone land within the City of Coopersville to a Planned Unit Development District.

Planned Unit Development Districts are intended to permit a degree of flexibility from the development standards normally found in non-PUD Districts. Because of this, a review by both the Planning Commission and City Council is necessary to ensure compliance with the objectives and standards of this chapter.

It is the purpose of this chapter to provide for the review and approval of Planned Unit Developments to achieve the following objectives

(1)

To provide desirable living, shopping, and working environments by preserving as much of the natural character of the property as possible, including but not limited to open space, stands of trees, brooks, ponds, floodplains, hills, and similar natural assets;

(2)

To encourage the provision of open space and the development of recreational, other support facilities in a generally central location within reasonable distance of all living units;

(3)

To encourage developers to use a more creative and imaginative approach in the development of residential, commercial, and industrial uses or a combination of such uses;

(4)

To allow phased construction with the knowledge that subsequent phases will be approved as originally planned and approved by the City;

(5)

To promote flexibility in design and location of structures;

(6)

To promote the efficient use of land for a more economic arrangement of buildings, circulation systems, land use, and utilities;

(7)

To combine and coordinate architectural styles, building forms, and building relationships within the planned unit development;

(8)

To ensure a quality of construction commensurate with other developments within the City; and

(9)

To allow for improved vehicular and pedestrian traffic management and regional stormwater system design.

(Ord. 349. Passed 1-20-01.)

A PUD zoning district shall be approved by the City Council upon recommendation from the Planning Commission. The granting of a PUD rezoning application shall require an amendment of the Zoning Ordinance and the Zoning Map. An approval granted under this chapter, including all aspects of the final plan and conditions imposed, shall be considered as a portion of the City Zoning Ordinance.

(Ord. 349. Passed 1-20-01.)

(a)

Pre-application Conference. Before submitting an application for a PUD, an applicant shall meet with the Planning Director for a review of the application to determine if the application is appropriate for rezoning as a PUD District. Additional meetings may be conducted with the Planning Commission or City Engineer to provide information regarding the proposed PUD.

(b)

Application for PUD Approval. An application for PUD rezoning shall be in accordance with the application procedures for rezoning as required by Section 1242.07 of these Codified Ordinances. A detailed site plan for the proposed PUD shall be submitted in accordance with the requirements as contained in Section 1284.05 herein.

(c)

Review of Preliminary Development Plan. An applicant shall submit a Preliminary PUD site plan in accordance with the requirements for a preliminary site plan contained in Section 1284.04 herein, unless the Planning Commission specifically waives certain items. The Planning Commission shall review the preliminary development plan and make recommendations to the applicant regarding the PUD based on the following considerations:

(1)

The requirements of this chapter;

(2)

How well the preliminary site plan conforms to the specific approval conditions of the Mixed Uses PUD or Residential Open Space PUD sections whichever is appropriate;

(3)

The setback and placement of buildings and structures;

(4)

Ingress to and egress from the PUD and proposed buildings and structures therein, including motor vehicle and pedestrian safety and convenience, traffic flow and control and emergency access;

(5)

Off-street parking and loading areas where required;

(6)

Screening and landscaping, including type, size dimensions and location of plantings;

(7)

The preservation of natural resources and natural features;

(8)

Open spaces and recreational areas where required;

(9)

Drainage courses, flood plains, streams, and wetlands;

(10)

The number, type and appearance of proposed buildings or dwellings;

(11)

Impact and adverse effects upon nearby lands, the surrounding area and the City as a whole;

(12)

Location of stormwater control structures;

(13)

Location of driveways, parking lot connections, and service drives; and

(14)

Other aspects and effects of the PUD, as reasonably deemed appropriate by the Planning Commission.

(15)

Public hearing on preliminary development plan. The Planning Commission shall hold a public hearing on the preliminary development plan and the application for rezoning in accordance with the requirements for rezoning of lands within the City of Coopersville, as set forth in State of Michigan Law.

(d)

Environmental Impact Assessment. The Planning Commission may require an environmental impact assessment as part of the preliminary or final site plan. This assessment shall describe the effect and impact that the proposed PUD will have upon or with respect to the following matters:

(1)

The lands involved and the adjacent and nearby lands; streams, wetlands, and the quality and volume of surface water and trees, and other significant vegetation; the effect, if any, on surrounding property values;

(2)

Impact upon the population of the City; local school systems; traffic congestion;

(3)

Additional costs to the City and school districts; police and fire protection; stormwater drainage; water supply and sewage disposal;

(4)

Noise, vibration, dust and dirt, litter, smoke, odor, light, and glare;

(5)

General appearance and character of the area; historic structures and places;

(6)

Such other matters as the Planning Commission may request to be included;

(7)

Traffic impact study;

(8)

A community impact analysis;

(9)

An economic feasibility study for the principal uses of the proposed PUD; and

(10)

An analysis of the nature and effect of any private utility systems such as; stormwater control and retention facilities.

If requested by the Planning Commission, the environmental impact assessment shall include statements or comments from the public agencies or officials concerning those aspects of the proposed land use within their respective responsibilities and jurisdictions. The Planning Commission will designate the qualifications necessary to conduct the environmental impact assessment.

(e)

Final Development Plan.

(1)

After receiving the recommendations of the Planning Commission on the preliminary development plan, the applicant for a PUD rezoning shall submit a final development plan to the Planning Director in accordance with the requirements for final site plan review as contained in Section 1284.05 of these Codified Ordinances. Copies of the plan shall be forwarded to the Planning Commission.

(2)

The final development plan shall contain all of the information required for final site plan review unless waived by the Planning Commission as not being reasonably necessary for the proposed PUD. In addition the following items shall be submitted to the Planning Commission:

a.

All of the drawings, narrative, studies, assessments, and other information, and materials comprising the preliminary development plan, including all of the recommendations of the Planning Commission thereon, or if the applicant has not incorporated all of such recommendations, the final development plan shall indicate such fact and shall state the basis or grounds upon which such recommendations have not been included.

b.

A plan for the protection of designated preservation areas or features during and after construction.

c.

Projected time for completion of the entire PUD; proposed phasing, if any, of the PUD and the projected time for completion of each phase.

d.

Any other information reasonably required by the Planning Commission in connection with its review of the PUD and consideration of the rezoning of the lands in accordance with the PUD plan.

(f)

Public Hearing on Final Development Plan. The Planning Commission shall hold a public hearing on the final development plan and the application for rezoning in accordance with the plan. Notice for the public hearing shall be in accordance with the requirements for a rezoning within the City, as set forth in Section 1242.07 of these Codified Ordinances.

(g)

Consideration of Final Development Plan by Planning Commission. After public hearing, the Planning Commission shall make recommendations concerning the final development plan and the modifications in the final development plan, to the City Council. The applicant shall revise the site plan in accordance with the recommendations of the Planning Commission before the plan is submitted to the City Council. If the plan is not revised, the applicant shall submit the plan and provide reasons to the Council for the failure to comply with the recommendations of the Planning Commission.

(h)

Standards for Approval. In making a recommendation to approve a PUD, the Planning Commission must find that the proposed PUD meets the standards for Final Site Plan approval in Section 1284.05, as well as the following standards as applicable:

(1)

Granting the PUD rezoning will result in a recognizable and substantial benefit to ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

The PUD will not result in a significant increase in the need for public services and facilities, will not result in unsafe traffic movements 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.

(3)

The PUD will be compatible with the City's Master Plan and consistent with the intent and purpose of this chapter.

(4)

The PUD will not result in significant adverse effects upon nearby or adjacent lands, and will not change the essential character of the surrounding area.

(5)

The development protects all floodplains, wetland, and other bodies of water.

(6)

The development preserves, insofar as practical, significant existing site features such as individual trees or stands of trees, fields or hillsides by designating them as no disturb areas or integrating them into the proposed development.

(7)

The PUD is designed to ensure compatibility with adjoining land uses.

(8)

The development is designed around existing hedgerows and tree lines and minimize impacts on woodlands.

(9)

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public road right-of-ways.

(10)

Takes advantage of topographic features.

(11)

Protects the rural character by establishing buffer zones along scenic corridors and improves public safety and vehicular carrying capacity by avoiding or minimizing development that fronts directly on to existing roadways.

(12)

Includes a pedestrian walkway designed to ensure that pedestrians can walk safely and easily throughout the site.

(13)

The individual lots, buildings, roadways, and open space areas are designed to minimize the alteration of environmental site features.

(i)

Final Consideration of PUD by City Council. The City Council shall review the final development plan and the recommendations submitted by the Planning Commission. The City Council shall determine whether the final development plan complies with the standards, conditions, and requirements of this chapter and, in addition, shall determine whether or not the proposed project promotes the intent and purpose of this chapter; ensures that the proposed project will be compatible with adjacent uses of land, the natural environments, and the capacities of public services and facilities affected by the proposed project; and ensures that the proposed project will be consistent with the public health, safety, and welfare needs of the City. Upon a determination that a proposed project meets such standards, conditions, and requirements, the City Council may approve the final development plan and grant the rezoning request.

(j)

Conditions of Approval.

(1)

The Planning Commission may recommend and the City Council may impose reasonable conditions upon its approval. Such conditions may include conditions necessary to ensure that public services and facilities affected by a proposed project will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

a.

They shall be designed to protect natural resources, the health, safety and welfare and the social and economic well being of those who will use the proposed project under consideration, residents, and landowners immediately adjacent to the proposed project, and the community as a whole.

b.

They shall be related to the valid exercise of the police power, and the purposes, which are affected by the proposed project.

c.

They shall be necessary to meet the intent and purpose of this chapter, be related to the standards established in the chapter for the proposed PUD under consideration, and be necessary to ensure compliance with those standards.

(2)

The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action, and shall remain unchanged except upon application for amendment of the PUD as required by Section 1264.06 of this chapter. The City Clerk and the Planning Director shall maintain a record of conditions, and the date of the approval of the PUD shall be noted on the current zoning map.

(3)

Upon approval of the final development plan and the proposed application for rezoning, the City Council shall adopt an ordinance to rezone the property in accordance with Section 1242.07.

(k)

Modifications. Deviations from the minimum requirements set forth in this chapter and all other applicable regulations shall be included in the table of modifications as required in subsection c.

(1)

To encourage flexibility and creativity consistent with the intent of the PUD, the City Council, after recommendation by the Planning Commission, may permit modifications from the density, area, height, and placement requirements stated in this Chapter and all other applicable regulations.

a.

Any regulatory modification shall be approved through a finding by the City Council, after recommendation by the Planning Commission, that the modification results in a higher quality of development than would be possible using conventional zoning standards.

b.

All deviations from dimensional requirements shall be listed in the table of modifications required in subsection c below. Unless modifications are specifically requested and approved by the City, the site plan shall comply with the appropriate requirements as specified in this Chapter and all other applicable regulations.

c.

Table of modifications. The application shall include a concept plan narrative that contains a table detailing all modifications from the use, density, area, height, and placement requirements of this Chapter and all other applicable regulations. The table shall also detail all modifications from off-street parking regulations, general provisions, or subdivision regulations that would otherwise be applicable to the uses and development proposed in the absence of the proposed PUD. This table shall clearly identify the allowed regulation in comparison to the requested modification.

d.

Regulatory modifications shall not be required to receive variance approvals from the Board of Zoning Appeals. No part of this PUD process of the approved site plans may be appealed to the Board of Zoning Appeals. This provision shall not preclude an individual lot owner from seeking a variance following final approval of the PUD, provided such variance does not involve alterations to open space areas or other major elements of the approved PUD site plan.

(Ord. 349. Passed 1-20-01; Ord. 376. Passed 3-8-04; Ord. 533. Passed 12-11-23.)

In addition to the standards applicable to each specific type of PUD District and all other standards of this chapter site plans for all PUD Districts shall also meet the standards and conditions as set forth below:

(a)

Stormwater.

(1)

A stormwater management plan shall be submitted along with the final site plan. The plan shall provide information on how stormwater will be managed during and after construction. This plan shall be subject to the review and approval of the City Engineer.

(2)

The applicant shall enter into a stormwater operations and maintenance agreement to implement the stormwater management plan. This agreement shall be subject to the approval of the City Manager.

(3)

Storm drainage facilities shall be designed to respect the natural drainage pattern of the site. Measures shall be taken to prevent roadway and parking lot oil and gas residues from being discharged to the natural drainage system.

(4)

Vegetation that provides natural drainage along existing and planted drainageways shall be encouraged in a PUD to help eliminate the need for impervious gutters and stormwater detention ponds. Where detention ponds are unavoidable, they shall be designed to be aesthetic in appearance through the use of landscaping and shall not result in a hazard to pedestrians.

(b)

Sidewalks. Sidewalks shall be provided along all streets within all PUD zones. The City Council, upon recommendation by the Planning Commission, shall determine if sidewalks shall be required on both sides of the streets in the proposed PUD.

(c)

Public Water and Sanitary Sewer Service. All PUD developments shall extend City water and sewer lines so that the development is adequately serviced by public utility services. The City Engineer shall review all utility plans for recommendation to the City Manager for approval.

(d)

Signage. Signs with a PUD zone shall comply with the regulations for the proposed uses as contained in Chapter 1282. The Planning Commission may recommend approval of modifications to the sign requirements upon finding of all of the following criteria:

(1)

The modifications will not result in traffic or safety hazards.

(2)

The modifications will not result in visual blight.

(3)

The modifications will not be a detriment to the public health, safety or welfare.

The Planning Commission may request a separate signage plan that provides specifics regarding the size; location; and design of any proposed signs.

(e)

Landscaping/Natural Features.

(1)

A separate landscaping plan shall be submitted along with any site plan for development within a PUD zone. The landscape plan shall illustrate the type, size, location and number of plantings proposed. All proposed landscaping should comply with the requirements of Chapter 1285.

(2)

The landscape plan shall show any existing vegetation on the site, and shall indicate which if any of the existing vegetation will be retained on the site. Existing vegetation within landscaping areas or strips shall be preserved if practical in order to maintain existing views, to minimize impervious surface, reduce the use of fertilizers and herbicides, and to encourage the maintenance of natural stormwater drainage patterns.

(3)

Natural features of the property including trees, shrubs, slopes and wetland areas shall be preserved whenever reasonably possible.

(4)

Landscaping shall be provided adjacent to all buildings in order to reduce the visual impact of larger buildings, provide shade, and to improve the general appearance of the building.

(f)

Access and Parking.

(1)

Driveways and on-site roadways shall be designed to minimize traffic congestion within the PUD, and to minimize the amount of paving.

(2)

Off-street parking and loading shall be subject to the regulations of Chapter 1288.

(3)

Parking areas should be placed at the sides and rears of buildings wherever possible, as well as in front of the building, in order to avoid having a single large area for the total number of parking spaces required. Parking areas may be screened by earthen berms and landscaping if the Planning Commission determines it is necessary to protect the visual integrity of the site from adjoining properties or roadways.

(4)

Placement of driveways and service drives shall be subject to review and recommendation by the City Engineer.

(g)

Roads.

(1)

Private roads shall not be permitted in any Planned Unit Development (PUD) unless and until the Planning Commission is satisfied that Private Road meets the following review standards:

a.

The road to be designated private must be existing at the time the PUD is established.

b.

Establishment of the private road will facilitate the economic development of the whole PUD.

c.

The private road must be in compliance with the provisions of the Private Road Ordinance described in the Coopersville Codified Ordinance [Chapter 1030].

d.

A funding structure must be established for the continued maintenance of the road, including snow removal.

(2)

All newly constructed roads within a PUD shall be built to City standards for local roads and shall be dedicated as public roads to the City.

(3)

The County Road Commission shall provide documentation that the proposed name of the road is not duplicated within the County.

(Ord. 349. Passed 1-20-01; Ord. 474, Passed 9-25-17.)

The City Council, after recommendation by the Planning Commission, or in its own discretion, may require reasonable performance guarantees. The amount of the performance guarantee shall be determined by the City Council based on a recommendation from the Planning Commission. Such guarantees shall insure faithful compliance with all of the provisions and requirements of the proposed PUD and construction and placement of all of the improvements therein. In its discretion, the City Council, upon recommendation by the Planning Commission, may rebate or refund a proportionate share of the amount specified in a performance bond, letter of credit, or other written assurance, based upon the percent or other portion of improvements completed, as verified by the Planning Director.

(Ord. 349. Passed 1-20-01.)

(1)

An approved final PUD development plan and any conditions imposed upon final PUD approval shall not be changed except as provided herein:

(2)

Minor Amendments. A minor change may be approved by the Planning Director who shall notify the Planning Commission of the minor change and that such change does not substantially change the basic design or alter the conditions required for the plan by the Commission. The following items shall be considered as minor changes:

(a)

Reduction of the size of any building and/or sign.

(b)

Movement of buildings and/or signs by no more than twenty feet.

(c)

Plantings approved in the site plan landscape plan may be replaced by similar types of landscaping.

(d)

Changes of building materials to a higher quality.

(e)

Changes in floor plans, which do not alter the character of the use.

(f)

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

(g)

Changes required or requested by other public agencies for safety reasons

(h)

Changes which will preserve the natural features of the site without changes to the basic site layout

(i)

Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the Planning Director to be not material or significant in relation to the entire site and which are not material or significant in relation to the entire site and which the Planning Director determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.

(3)

The Planning Director may refer any decision regarding any proposed change to an approved site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change).

(4)

Should the Planning Director determine that the requested modification to the approved site plan is not minor, resubmission to the Planning Commission for an amendment shall be required and conducted in the same manner as an original application.

(Ord. 349. Passed 1-20-01.)

Each PUD shall be under construction or substantial steps leading to construction shall have been taken within one year after the date of approval of the final development plan and adoption of an ordinance to rezone the property in question. If this requirement is not met, the Planning Commission may, in its discretion, grant an extension not exceeding one year, provided that the PUD applicant submits reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing delay in commencement of the PUD. If construction or substantial steps have not been commenced within one year, or within any authorized extension thereof the Planning Commission and City Council may then, in their discretion, initiate proceedings for the rezoning of the lands to some other zoning district.

(Ord. 349. Passed 1-20-01.)

(1)

It is the intent of this section to provide some degree of flexibility in the use, density and placement requirements for residential PUD developments, but to also afford reasonable protection to other uses near and adjacent to PUD districts. Goals include:

(a)

Encouraging innovation and creativity in residential land use planning and development.

(b)

Promoting and enhancing housing and recreational opportunities for the public.

(c)

Encouraging the use of lands in ways in which they are most in accord with their character and adaptability.

(d)

Assuring and enhancing the conservation and preservation of natural resources and natural features.

(e)

Promoting the efficient use of land by facilitating economic and environmentally suitable arrangements for residential and other structures, streets, utilities and other land uses.

(f)

Encouraging the availability of open/grass space, and recreational land uses as part of the development of residential lands.

(2)

It is not the intent of this section to circumvent the land use requirements inherent in the City's Zoning Ordinance. A residential PUD shall be substantially consistent, as determined by the Planning Commission, with the Coopersville Zoning Ordinance and Comprehensive Plan.

(a)

To qualify for flexibility in lot area, a minimum of fifteen percent of the gross site area shall be preserved, maintained, and controlled as common open space for use by all residents and property owners of that residential PUD. The open spaces shall be subject to the following regulations:

1.

The required open space may be located in the center of the development, along the road frontage of the development, located to preserve significant natural features, or linear to connect open spaces throughout the development.

2.

If the site contains a lake, stream or other body of water, the City may require that a portion of the reserved open space shall abut the body of water.

3.

A reserved open space area shall be configured such that the open space is reasonably accessible by residents of the PUD. The minimum size of a reserved open space area shall be 10,000 square feet. The Planning Commission may approve other reserved open space areas of less than 10,000 square feet if such areas are designed and established as pedestrian or bicycle paths or are otherwise determined by the Planning Commission to be open space reasonably usable by residents of the PUD.

4.

Open space areas are encouraged to be linked with other adjacent open spaces, public parks, bicycle paths or pedestrian paths. Maximum intensity of use of open spaces will be identified in the preservation and maintenance agreement.

5.

Grading in areas of passive or natural open space shall be minimal, with the intent to preserve existing topography where practical. Active recreation areas shall be graded as flat as possible while still providing adequate stormwater/groundwater drainage and soil erosion controls as determined by the City Engineer.

6.

Allowable Accessory Structures and Uses in the Open Space. A structure or building accessory to a recreation, conservation use or an entryway may be erected within the required open space. These accessory structure(s) and building(s), shall not exceed, in the aggregate, one percent of the open space area. Accessory structures or uses of a significantly different scale or character than the abutting residential districts shall not be located near the boundary of the development if it may negatively impact the residential use of adjacent lands as determined by the Planning Commission and City Council.

7.

Narrow bands of open space around the perimeters of sites will generally not qualify towards the required amount of overall reserved open space. Rather, only those areas that provide comparably useful amounts of active recreational areas or preserve natural features will qualify as reserved open space.

8.

Guarantee of Open Space. Prior to any final rezoning approvals, the applicant shall provide an open space preservation and maintenance agreement, in a form acceptable to the City, providing that all reserved open space (as referenced herein) portions of the development shall be permanently retired from future development and maintained in the manner approved by the Planning Commission and City Council.

Documentation shall be in the form satisfactory to the City Council and Planning Commission and recorded so as to bind all successors and future owners in title to commitments made as part of the accepted project proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the City Council and the reserved open space land uses continue as approved in the R-PUD Plan, unless the City Council approves an amendment. The preservation and maintenance program must be approved by the City Council and may consist of covenants, conditions, and restrictions that run with the land, a conservation easement established according to the Michigan Conservation and Historic Preservation Act, Public Act 197 of 1980, as amended, or another comparable substitute as determined by the City Council.

The preservation and maintenance agreement shall:

1)

Indicate the proposed uses and maximum intensity of use(s) within the reserved open space.

2)

Require that the reserved open space be maintained by parties or entities that have an ownership interest in the open space.

3)

Provide standards for scheduled maintenance of the reserved open space including necessary mowing, trash removal, irrigation, pruning of trees and new plantings to replace withered or dead materials

4)

Provide an administrative mechanism for the maintenance to be undertaken by the City of Coopersville in the event that the reserved open space is inadequately maintained, as determined by the City and becomes a public nuisance. Provisions shall be made to ensure that any costs incurred by the City will be assessed against and paid for by the owners of the property within the R-PUD.

5)

Provide a legal instrument to permanently retire all reserved open space areas from future development.

(b)

Areas Not Considered Open Space. The following land areas shall not be classified as required open space for the purpose of this section:

1.

The area within any public street right-of-way.

2.

The areas within private road access easements.

3.

Any easement for overhead utility lines unless adjacent to qualified open space.

4.

Fifty percent of any lakes, streams, detention ponds, or other surface water bodies, wetlands, or other retention areas.

5.

The area within a platted lot or site condominium lot.

6.

Parking and loading areas.

(c)

To determine the maximum number of dwelling units which may be constructed within the residential PUD, divide the minimum lot area per dwelling unit for the residential zoning district proposed by the comprehensive plan for the area by the total acreage of the site excluding those existing areas within the 100-year floodplain, existing wetland areas and existing areas permanently inundated by water such as lakes, ponds, streams, and rivers. Density calculations shall be clearly shown on site plan.

Upon recommendation of the Planning Commission, the City Council may in their discretion allow fewer dwelling units than would otherwise be permitted by this section. The determination of the existence of wetlands and floodplain areas on a parcel shall be demonstrated to the satisfaction of the Planning Commission through a written determination by the Michigan Department of Environmental Quality or by an analysis, performed by a professional biologist, ecologist, environmental engineer, or similar professional deemed acceptable to the Planning Commission.

(d)

Permitted Uses. Land and buildings in an R-PUD may only be used for the following uses or combination of such uses:

1.

Single-family detached dwelling units.

2.

Duplexes. A building used or designed for two dwelling units in which the dwelling units are occupied on a permanent basis for residential purposes by not more than two families.

3.

Multifamily dwelling units up to four units per building and two stories in height. Multifamily dwelling units shall not constitute more than fifteen percent of the total dwelling units in an R-PUD.

4.

Other uses as may be recommended by the Coopersville Comprehensive Plan for equivalent zoning districts.

5.

Golf courses, tennis courts, ball fields, bike paths, walking paths, playground, community buildings, and similar active and passive recreational facilities as well as day care facilities, provided such uses are accessory to the residential uses in the R-PUD.

6.

Accessory uses, structures and buildings customarily associated uses specified above, shall be permitted in accordance with the equivalent chapter of the Coopersville Zoning Ordinance.

(e)

Development Requirements. The lot area and width, building setbacks, yard requirements, street frontage, and street widths applicable within an R-PUD shall be determined by the City Council in order to achieve the objectives of this section. However, each individual lot must be at least sixty feet from the front building setback throughout the remaining depth of the lot. In addition, a diversity of lot sizes shall be required in order to encourage variability in housing types and to avoid repetition of like lot sizes apparent in standard subdivisions.

When determining the development requirements noted in this section, the Planning Commission and City Council shall carry out the site design principles found in the in the Coopersville Comprehensive Plan and this ordinance. Other criteria that shall be used in making these determinations shall include the degree to which the proposed development addresses the following issues:

1.

The total number and type of dwelling units.

2.

Impact of the R-PUD on adjacent existing and future land uses.

3.

Preservation or restoration of existing vegetation or other natural features on site.

4.

Topography of the site.

5.

Provisions for public water, sanitary sewer, and storm sewer services.

6.

Access for emergency vehicles to all dwellings.

(f)

Road Network. The R-PUD road network shall be designed to facilitate efficient access for public safety vehicles, school buses and city maintenance vehicles while avoiding the congestion associated with numerous cul-de-sacs. Therefore, interconnected public streets shall be given design priority. Cul-de-sacs shall be used sparingly and only where an inter-connected street system would be unreasonable due to topography, natural features, reserved open spaces or other onsite development limitations. Street design measures may be required at the discretion of the Planning Commission to encourage safe pedestrian and nonmotorized vehicle crossings along the road network.

(Ord. 349. Passed 1-20-01; Ord. 376. Passed 3-8-04.)

(1)

Purpose. The purpose of the Mixed Use PUD zone is to permit a variety of uses to be located on the same site and within the same buildings and to enable these uses to function as a community or neighborhood without the strict separation of such uses as is usually required by traditional zoning development standards. The Mixed Use PUD zone is not intended to be developed with a single type of land use. Uses should be integrated in such a manner that they are compatible in form and function.

The Mixed Use PUD shall be designed to promote interaction among residents and users through the use of pedestrian walkways to connect uses on site through building placement and appearance, through preservation of open space, and the provision of public places or spaces for individuals to gather or rest. The Planning Commission shall attempt to ensure that retail commercial uses, office business uses, light industrial uses and other non-residential uses and residential uses are be developed concurrently in order to ensure a project with a variety of land uses.

(2)

Authorization and Procedure. A Mixed Use Planned Unit Development zoning district may be approved by the City Council upon recommendation by the Planning Commission in accordance with the regulations set forth in Section 1264 for Planned Unit Development Zoning Districts.

(3)

Permitted Uses. Land and/or buildings in this district may be used for the following uses:

(a)

Multifamily dwellings up to sixteen units per building except as permitted for elderly housing.

(b)

Elderly housing including adult foster care congregate facilities, retirement housing, nursing and convalescent facilities and assisted care facilities for the elderly.

(c)

Child day care and nurseries.

(d)

Offices and service uses.

(e)

Educational and welfare public utilities; recreational public facilities; governmental and civic public facilities.

(f)

Any use permitted by right in the "I-1" Light Industrial District when specifically authorized upon recommendation of the Planning Commission.

(g)

Any use permitted by right in the "C-I", "C-2" and "C-3" Business Districts.

(h)

Any use permitted as a special use within the "C-I", "C-2" and "C-3" Business Districts when specifically authorized upon recommendation of the Planning Commission.

(i)

Other similar uses as determined by the Planning Commission to be of the same general character of the uses listed above.

(j)

Single-family developments located as recommended by the Coopersville Vacant Lands Study and be reflective of the Residential PUD Ordinance.

(k)

Existing uses pre-PUD District Zoning (11-21-05).

(4)

Development Requirements.

(a)

Minimum lot size. Any Mixed Use PUD must have at least ten acres in area. The Planning Commission may waive this requirement when the site under consideration can be shown to meet the intent and objectives of this chapter.

(b)

Lot width and setbacks. The lot width, building setbacks, and public road frontage requirements shall be determined by the Planning Commission in its review of the Mixed Use PUD site plan except that the front building setback for parcels on Randall Street, between River Street and 68th Avenue, shall be a minimum of 100 feet. In determining the appropriate requirements, the Planning Commission shall take into account:

1.

The nature of existing and future land uses adjacent to and near the site.

2.

The number, type and size of buildings proposed for the site.

3.

Location of natural and cultural features on the site.

4.

Topography of the site.

5.

Requirements for adequate fire, police and emergency vehicle access.

6.

The objectives of the Mixed Use PUD zone contained herein.

(c)

Building height, size, placement and appearance.

1.

Any site proposed for development within a Mixed Use PUD Zone shall be designed and developed with buildings and structures constructed to avoid or minimize a massive box like appearance. Varied architectural building features are encouraged to create a more pleasing appearance.

2.

Buildings shall be located so they do not detract from or predominate the existing view along City streets. Every effort shall be made to avoid siting the rears of buildings toward existing roadways or along planned service drives.

3.

Buildings shall not exceed thirty-five feet in height.

(d)

Design objectives. All uses and buildings within the Mixed Use PUD shall be designed and arranged to achieve the following objectives:

1.

Pedestrian access shall be provided between uses so that residents and users are not dependent on vehicles to travel between uses within the Mixed Use PUD. This may consist of sidewalks or improved trails.

2.

Uses and buildings shall not infringe upon or disturb nearby residents or owners or create a visual or operational nuisance but shall instead complement each other in appearance and function through the use of landscaping, building size and orientation and use of on site natural features such as trees or topography.

3.

Uses should not be strictly segregated but located so that different uses are close to each other and are integrated by building style and orientation and landscaping.

4.

Buildings and uses shall be planned and located so as to minimize the alteration of existing natural features and to utilize these features into the overall design of the Mixed Use PUD.

5.

Buildings are encouraged to contain more than one use such as residential uses located above commercial or office uses.

(e)

Open space.

1.

Open space may include but is not limited to areas undisturbed by development or areas improved or constructed for viewing, playing, gathering, walking or cycling shall be provided throughout the Mixed Use PUD in an amount which is no less than twenty percent of the gross site area of the Mixed Use PUD. The Planning Commission may modify the amount of required open space if the open space provided meets the intent and purpose of this chapter. The following areas shall not be considered to be part of the twenty percent required open space:

a.

The area within any public road right-of-way.

b.

The area within an easement for overhead utility lines.

c.

Parking lots and landscape islands within parking lots

d.

Areas required to be landscaped by this chapter.

2.

Open space areas shall be arranged and provided to enhance the view from buildings, to contain walking trails, to provide privacy for residents and users of the Mixed Use PUD and to preserve natural site features as identified by on-site and geographic information system analysis.

3.

The open space required for a Mixed Use PUD shall be preserved and maintained according to the requirements of this chapter.

(Ord. 349. Passed 1-20-01; Ord. 472. Passed 1-23-17.)