It is the intent of these regulations to permit Planned Unit Development Mixed Use District for the purposes of:

   — Encouraging innovation in land use planning and development.

   — Achieving a higher quality of development than would otherwise be achieved.

   — Encouraging assembly of lots and redevelopment of outdated commercial corridors.

   — Encouraging in-fill development on sites that would be difficult to develop according to conventional standards because of the shape, size, abutting development, accessibility, or other features of the site.

   — Providing enhanced housing, employment, and shopping opportunities.

   — Providing a development of framework that promotes appropriate business activity that significantly improves the economic viability of the City.

   — Ensuring compatibility of design and function between neighboring properties.

   — Encouraging development that is consistent with the City's Master Plan.

   These Planned Unit Development Mixed Use regulations are not intended as a device for ignoring the more specific standards in the Zoning Ordinance, or the planning upon which the standards are based. Rather, these provisions are intended to result in development that is substantially consistent with the zoning standards generally applied to the proposed uses, but allowing for modifications to the general standards to assure a superior quality of development.

(Ord. No. 00-831, 11-8-2000)

   To be eligible for Planned Unit Development Mixed Use approval, the applicant must demonstrate that the following criteria will be met:

   A.   Recognizable and substantial benefit. The Planned Unit Development Mixed Use shall result in a recognizable and substantial benefit to the ultimate users of the project.

   B.   Minimum frontage and size. The Planned Unit Development Mixed Use shall have minimum frontage of two hundred (200) feet along a public street or road. The minimum size of a parcel that is developed as a Planned Unit Development Mixed Use shall be thirty thousand (30,000) square feet.

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

   D.   Compatibility with the Master Plan. The proposed development shall not have an adverse impact on the Master Plan of the City.

   E.   Compatibility with the Planned Unit Development Mixed Use intent. The proposed development shall be consistent with the intent and spirit of these regulations, as stated in Section 23.01.

   F.   Unified control of property. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with the Planned Unit Development Mixed Use regulations. This provision shall not prohibit a transfer of ownership or control, provided that notice of such transfer is given immediately to the city clerk.

(Ord. No. 00-831, 11-8-2000)

   Proposed Planned Unit Development Mixed Use shall comply with the following project design standards:

   A.   Location. A Planned Unit Development Mixed Use may be approved in any location in the City, subject to review and approval as provided herein.

   B.   Permitted uses. Any land use authorized in this ordinance, except for industrial uses, may be included in a Planned Unit Development Mixed Use as a principal or accessory use, provided that public health, safety, and welfare are not impaired.

   C.   Applicable base regulations. Unless waived or modified (in accordance with subsection D., the yard and bulk, parking, loading, landscaping, lighting, and other standards for the districts listed below shall generally be applicable for uses proposed as a part of a Planned Unit Development Mixed Use:

      1.   Single-family residential uses shall comply with the regulations applicable in the S-A and R-B, One Family Residential Districts, Article 10.00 

      2.   Multiple-family residential uses shall comply with the regulations applicable in the R-C, R-D and R-E Multiple Family Residential Districts, Article 12.00.

      3.   Retail commercial uses shall comply with the regulations applicable in the B-C, General Business District, Article 16.00.

      4.   Office uses shall comply with the regulations applicable in the O-S, Office, Article 13.00.

      5.   Mixed uses shall comply with the regulations applicable for each individual use, as outlined above, except that if regulations are inconsistent with each other, the regulations applicable to the most dominant use shall apply.

   D.   Regulatory flexibility. To encourage flexibility and creativity consistent with the Planned Unit Development Mixed Use concept, departures form the regulations in subsection C.1. above, may be permitted, subject to review and approval by the plan commission and city council. For example, such departures may include modifications to: lot dimensional standards; floor area standards; setback requirements; density standards; parking, loading, and landscaping requirements; and similar requirements. Such modifications may be permitted only if they will result in a higher quality of development than would be possible without the modifications.

   E.   Residential density. Modifications to the density of residential development may be permitted upon determination that the desired density will not adversely affect water and sewer services, storm water drainage, road capacity, traffic, parks and recreation, fire and police services, schools, character of the area, and any planned public and private improvements in the area.

   F.   Permitted mix of uses. Where the existing underlying zoning district is residential, nonresidential uses shall be permitted as part of a Planned Unit Development Mixed Use which also contains a residential component, provided that the applicant demonstrates that the residential uses will be predominant. The plan commission shall determine predominance of use after taking into account the following criteria as they apply to each of the proposed uses: amount of traffic generated; hours of operation or use; noise, odors, and overall impact on adjoining uses; land area allocated to each use; and, building area allocated to each use.

   G.   Open space requirements. Planned Unit Development Mixed Uses containing a residential component shall provide and maintain usable open space at the ratio of three hundred fifty (350) square feet of open space per dwelling unit, provided that each development shall contain a minimum of ten thousand (10,000) square feet of open space. Any pervious land area within the boundaries of the site may be included as required open space, except for the land contained in public or private street rights-of-way.

   The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction or covenant that runs with the land, assuring that the open space will be developed according to the site plan. Such conveyance shall:

      1.   Provide for the privately-owned open space to be maintained by private property owners with an interest in the open space.

      2.   Provide maintenance standards and a maintenance schedule.

      3.   Provide for assessment of the private property owners by the City of Dearborn for the cost of maintenance or the open space in the event that it is inadequately maintained and becomes a public nuisance.

   H.   Frontage and access. Planned Unit Development Mixed Uses shall front onto a primary major thoroughfare, secondary major thoroughfare, or collector street, as specified in the adopted Master Plan of the City, except where the Planned Unit Development Mixed Use involves reuse or redevelopment of an existing structure which fronts onto a local street.

   The nearest edge of any entrance or exit drive shall be located no closer than one hundred (100) feet from any street or road intersection (measured from the nearest intersection right-of-way line).

   I.   Utilities. All utilities serving a Planned Unit Development Mixed Use, including electric, telephone, and cable television lines, shall be placed underground, wherever feasible.

   J.   Privacy for dwelling units. The design of a Planned Unit Development Mixed Use shall provide visual and sound privacy for all dwelling units within and surrounding the development. Fences, walks, and landscaping shall be used in the site design to protect the privacy of dwelling units.

   K.   Emergency access. The configuration of buildings, driveways, and other improvements shall permit convenient and direct emergency vehicle access.

   L.   Pedestrian and vehicular circulation. A pedestrian circulation system shall be provided that is insulated as completely as possible from the vehicular circulation system. The layout of vehicular and pedestrian circulation routes shall respect the pattern of existing or planned streets sidewalks, and bicycle pathways in the vicinity of the site.

(Ord. No. 00-831, 11-8-2000)

   Amendment required. The approval of a Planned Unit Development Mixed Use proposal shall require an amendment to the Zoning Ordinance to revise the zoning map and designate the subject property as "Planned Unit Development Mixed Use." Approval of a Planned Unit Development Mixed Use proposal, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendment.

   Planned Unit Development Mixed Use applications shall be submitted in accordance with the procedures and requirements set forth in Article 32.00. Section 32.04 calls for a two-step approval process as follows:

      1.   The applicant shall first submit a Planned Unit Development Mixed Use Plan which shall be reviewed in accordance with zoning amendment procedures. The plan commission shall review the Planned Unit Development Mixed Use Plan, hold a public hearing, and make a recommendation to the City Council. The City Council shall have the final authority to act on a Planned Unit Development Mixed Use Plan and grant the requested Planned Unit Development Mixed Use Zoning.

      2.   Following approval of the Planned Unit Development Mixed Use Plan and rezoning to Planned Unit Development Mixed Use (PUD), the applicant shall submit a final site plan for review by the plan commission in accordance with normal site plan review procedures.

(Ord. No. 00-831, 11-8-2000)

   In considering any application for approval of a Planned Unit Development Mixed Use proposal, the plan commission and city council shall make their determinations on the basis of standards set forth for Site Plan Review in Section 23.01, as well as the following standards and requirements:

   A.   Conformance with the Planned Unit Development Mixed Use concept. The overall design and all uses proposed in connection with a Planned Unit Development Mixed Use shall be consistent with and promote the intent of the Planned Unit Development Mixed Use concept as described in Section 23.01, as well as with the specific project design standards set forth herein.

   B.   Compatibility with adjacent uses. The proposed Planned Unit Development Mixed Use shall set forth specifications with respect to height, setbacks, density, parking, circulation, landscaping, views, and other design and layout features which exhibit due regard for the relationship of the development to surrounding properties and the uses thereon. In determining whether this requirement has been met, consideration shall be given to the following:

      1.   The bulk, placement, and materials of construction of proposed structures.

      2.   The location and screening of vehicular circulation and parking areas in relation to surrounding development.

      3.   The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.

      4.   The hours of operation of the proposed uses.

      5.   The provision of landscaping and other site amenities.

   C.   Public services. The proposed Planned Unit Development Mixed Use shall not exceed the capacity of existing and available public services, including, but not necessarily limited to, utilities, public roads, police and fire protection services, and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the Planned Unit Development Mixed Use is completed.

   D.   Impact of traffic. The Planned Unit Development Mixed Use shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses. In determining whether this requirement has been met, consideration shall be given to the issues required in the traffic impact analysis in Section 32.04(C).

   E.   Accommodations for pedestrian traffic. The Planned Unit Development Mixed Use shall be designed with a sidewalk network to accommodate safe pedestrian circulation throughout and along the perimeter of the site, without interference from vehicular traffic.

   F.   Compatibility with the Master Plan. The proposed Planned Unit Development Mixed Use shall be consistent with the general principles and objectives of the adopted Dearborn Master Plan.

   G.   Compliance with applicable regulations. The proposed Planned Unit Development Mixed Use shall be in compliance with all applicable federal, state, and local laws and ordinances.

(Ord. No. 00-831, 11-8-2000)

   A.   Integrity of each phase. Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to insure protection of natural resources and the health, safety and welfare of the users of the Planned Unit Development Mixed Use and residents of the community.

   B.   Rate of completion of residential and non-residential components. 

      1.   Purpose. The purpose of the following provisions is to ensure that Planned Unit Development Mixed Uses are constructed in an orderly manner and, further, to ensure that the Planned Unit Development Mixed Use approach is not used as a means of circumventing restrictions on the location or quantity of certain types of land use.

      2.   General standards. In developments which include residential and nonresidential components, the phasing plan shall provide for completion of at least thirty-five percent (35%) of all proposed residential units concurrent with the first phase of any nonresidential construction; completion of at least seventy-five percent (75%) of all proposed residential construction concurrent with the second phase of nonresidential construction; and completion of one hundred percent (100%) of all residential construction prior to the third phase of nonresidential construction. For purposes of carrying out this provision, the percentages shall be approximations as determined by the plan commission and city planner, based on the floor area and land area allocated to each use.

      3.   Modifications to general standards. Such percentages may be modified should the plan commission and city planner determine that the applicant has presented adequate assurance that the residential component or components of the project will be completed within the specified time period.

      4.   Completion of each phase. Construction of any facility may commence at any time following site plan approval per Section 32.02, provided that construction shall be commenced for each phase of the project within twenty-four (24) months of the schedule set forth on the approved plan for the planned development. However, the applicant may submit a revised phasing plan for review and approval by the plan commission. The applicant shall also submit a statement indicating the conditions which made the previous phasing plan not achievable. Once construction of a planned development has commenced, approval of a revised phasing plan shall not be unreasonably withheld or delayed, provided that the revised phasing does not materially change the integrity of the approved planned development proposal.

   In the event that construction has not commenced within the required time period and a revised phasing plan has not been submitted, the City may initiate proceedings to amend the zoning classification of the undeveloped portion of the site.

(Ord. No. 00-831, 11-8-2000)

   A.   Area, height, bulk, and placement requirements. Buildings and uses in the Planned Unit Development Mixed Use District are subject to the area, bulk, and placement requirements specified in Section 29.00.

   B.   General development standards. Buildings and uses in the Planned Unit Development Mixed Use District are subject to all applicable requirements set forth in this Ordinance, as specified below:

 

(Ord. No. 00-831, 11-8-2000)