East China Township
City Zoning Code
City Zoning Code
ARTICLE 6
PND Planned Neighborhood Development Districts
§ 480-18 Purpose.
The Planned Neighborhood Development Districts are intended to permit the development of a mixture of housing types on sites within the Township which, in the opinion of the Planning Commission and Township Board, due to area, perimeter dimensions, location, and physical site characteristics, could be logically developed as a self-contained residential area. The PND District is further intended to provide flexibility in design by giving the Planning Commission the ability to modify or waive standards of this chapter to adapt to development techniques or forms. It is anticipated that such flexibility may be necessary to successfully implement a design philosophy for a self-contained community. However, such flexibility should only be applied when doing so provides a substantial benefit to the Township.
§ 480-19 Principal permitted uses.
§ 480-20 Business uses permitted subject to special conditions.
Permitted uses. Within a planned neighborhood development, land may be set aside for business use when such businesses are intended to primarily serve the residents of the development. Such uses included but are not limited to the following:
Convenience commercial uses, such as small groceries, but not including gas stations.
Required conditions. Because it is the intent to provide convenience businesses primarily for the use of the PND community’s residents, such uses must have distinct physical characteristics that orient the businesses toward the development rather than toward adjacent major thoroughfares. At the same time, controls must be instituted to assure that residents of the PND are not negatively impacted by the business uses. When business use is proposed as a component of the PND, the following standards shall apply:
No more than 5% of the total land area of the PND can be devoted to land for business use.
Residential components of a PND shall be developed prior to the issuing of any building permit for business use.
All business uses shall be accessible to residential areas in the PND via a pedestrian or nonmotorized vehicle pathway.
No structure intended for business use may be closer than 150 feet to any residential dwelling unit.
All areas designated for business use shall be separated from residential uses through the construction of walls, berms or a significant natural feature. Such screening shall be augmented by the use of landscape plantings. If such screening is sufficiently substantial, the Planning Commission may reduce the minimum distance between residential and business structures identified in Subsection B(4) above.
The height of proposed business shall not exceed 25 feet. However, the Planning Commission may waive this requirement in instances where, in its opinion, doing so would result in substantial improvement to the quality of the development or in benefit to the community.
§ 480-21 Permitted density.
To qualify for PND zoning, the site proposed for development must contain a minimum area of 50 acres of contiguous land under single ownership or control.
The maximum number of rooms shall be equal to the average number of rooms prorated according to the zoning district classification applied to the acreage. The total number of rooms achievable under this approach shall not exceed the sum of the total of the several districts. The following shall represent the maximum permitted densities by zoning district:
In R-1 Districts, the maximum permitted density shall not exceed 28.7 rooms per acre.
In R-2 Districts, the maximum density shall not exceed 22.4 rooms per acre.
In R-3 Districts, the maximum density shall not exceed 16.8 rooms per acre.
[Added 7-17-2000 by Ord. No. 268]
Single-family cluster units developed under the standards set forth in § 480-13 of this chapter shall not exceed 28.7 rooms per acre in an R-l District, nor 22.4 rooms per acre in an R-2 District.
[Amended 7-17-2000 by Ord. No. 268]
In RM-1 and RM-2 Districts, the maximum density shall not exceed 29.0 rooms per acre.
The number of dwelling units permitted per acre shall be determined by the following schedule:
All single-family detached dwellings and attached cluster dwellings shall count as seven rooms.
All four-bedroom attached units in a multiple-family dwelling shall count as five rooms.
All three-bedroom attached units in a multiple-family dwelling shall count as four rooms.
All two-bedroom attached units in a multiple-family dwelling shall count as three rooms.
All one-bedroom attached units in a multiple-family dwelling shall count as two rooms.
All efficiency apartments in a multiple-family dwelling shall count as one room.
For the purpose of determining the number of bedrooms in an attached unit, all rooms, referred to as a “den,” “library,” or other extra room shall be considered as a “bedroom.”
Public open space such as park sites and public and private road rights-of-way except for major thoroughfares as herein defined may be included in computing the area of the parcel and, therefore, the related density. Nonresidential use areas and those areas proposed for the development of churches and related activities shall be excluded in computing the area of the parcel and, therefore, the related density.
No more than 50% of the total rooms permitted on the site shall be in multiple-family dwelling units.
No more than 10% of the total rooms permitted on the site as multiple-family dwelling units shall be one-bedroom or efficiency-type apartments.
§ 480-22 Design and layout conditions.
Where a planned or proposed major thoroughfare or collector street is included partially or wholly within the project area of a planned neighborhood development, such portion of said roadway shall be dedicated as a public right-of-way with the width standards as stated in the Township’s Master Plan for said right-of-way. The alignment of the roadway shall be in general conformance to the proposed alignment as shown on the Master Plan.
In order to protect abutting land on the periphery of the planned neighborhood development project, the following rules shall control:
Where the adjacent land is zoned R-1, R-2 or R-3, the planned neighborhood development shall provide for single-family development to a depth of not less than 360 feet along said boundary so as to make this area conform to the abutting one-family area; provided that this three-hundred-sixty-foot depth may be penetrated by an elementary school site, park, golf course, or other related open space which is recorded in perpetuity for said purpose. The only building permitted in this 360 feet shall be a one-family residence. The balance of the site may have residential housing types intermixed.
[Amended 7-17-2000 by Ord. No. 268]
The three-hundred-sixty-foot single family requirement of Subsection B(1) above may be waived by the Planning Commission where the abutting land is not platted and if the Commission determines that there is a reasonable basis for believing that the adjacent land may be developed in other than single-family usage, either because the Master Plan indicates other than single-family or because there is good reason to believe that said adjacent land may be also developed as a planned neighborhood development in the reasonable future, and the conditions of the land at said boundary indicate that multiple-family development would preserve the natural terrain and vegetation to a greater extent than single-family along this common boundary.
Private common open space shall be provided on the basis of at least 15% of the total acreage of the planned neighborhood development, provided that, if a golf course is provided in the development, at least 7 1/2% of the total land area must be put in open space other than golf course. No yard requirements for either single-family or multiple-family units shall count as part of this open space requirement. The common open space shall be centrally located as one site or shall be well spaced throughout the development. A maximum of 50% of the horizontal surface of all natural or man-made bodies of water located entirely within the planned neighborhood development project shall be permitted to be computed as a portion of the required fifteen-percent common open space.
All yards, height, bulk, minimum floor area, lot coverage, lot area and lot width requirements for single-family development shall be in conformance with Article 16, Schedule of Regulations, unless otherwise modified by this chapter.
§ 480-23 Submittal, review and approval.
[Amended 7-17-2000 by Ord. No. 268]
Development permitted in this district shall be considered as an option to the development standards permitted under Article 16, Schedule of Regulations, and shall be mutually agreeable to the developer and the Township Board. Development under this option shall be in accordance with a comprehensive physical development plan establishing functional use areas, density patterns, and a fixed system of residential collector streets and pedestrian paths, so that the development will be in keeping with the physical character of the Township and the area surrounding the proposed development. Any person owning or controlling a sufficient land area zoned R-1, R-2, R-3 or RM-1 or RM-2 may make application for consideration of a planned neighborhood development. The applicant shall be required to submit the following materials to the Township:
Submittal of proposed plan. A presentation shall be made of the following:
A boundary survey and computation of the area proposed for development of the exact acreage being requested, prepared, and certified by a registered land surveyor or civil engineer (scale: one inch equals 200 feet).
A topography map drawn with a contour interval not greater than two feet. This map shall indicate all major stands of trees, bodies of water and unbuildable area due to soil conditions, wetlands, topography, or similar conditions (scale: one inch equals 200 feet).
A current aerial photograph of the area shall be provided (scale: one inch equals 200 feet).
A preliminary plan for the entire planned neighborhood development area carried out in such detail as to indicate the functional uses and dwelling unit types being requested; the proposed population densities; a major thoroughfare and traffic circulation plan; the public utility plan; sites being reserved for churches, schools, service activities, playgrounds, recreation areas, parking areas, and other open spaces and areas to be used for the public or by residents of the planned neighborhood development (scale: one inch equals 200 feet).
An indication of the contemplated stormwater and sanitary utility plan and a preliminary topographic map indicating how the land area is to be shaped.
A written statement explaining in detail the full intent of the sponsor, indicating the type of dwelling units contemplated, resultant population, expected number of elementary school children, and providing supporting documentation such as, but not limited to, soil surveys, market studies, supporting land use requests, and the intended scheduling of the development.
Planning Commission review of plan. Upon receipt of an application, the Township Board shall refer such request to the Planning Commission for its review and recommendation. In its review, the Planning Commission shall consider the following:
All applicable provisions of this section and this chapter have been met. Insofar as any provision of this section shall be in conflict with the provisions of any other section of this chapter, the provisions of this section shall apply to the lands embraced within a planned neighborhood development area.
Adequate areas have been provided for all utilities, schools, walkways, playgrounds, recreational areas, parking areas, and other open spaces and areas to be used by the public or by residents of the community.
There is or will be at the time of development an adequate means of disposing of sanitary sewage and of supplying the development with water and that the road system and stormwater drainage system is adequate.
The plan provides for an efficient, aesthetic, and desirable use of the open areas and the plan is in keeping with the physical character of the Township and the area surrounding the development.
The applicant has made provision to assure that those areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose. The Commission may require that conveyances or other documents be placed in escrow to accomplish this.
Provisions, satisfactory to the Commission, have been made to provide for the financing of any improvements shown on the plan for open space areas and common use areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the Commission.
The cost of installing all streets and the necessary utilities has been assured by a means satisfactory to the Commission. Upon finding that the conditions outlined above in Subsections B(1) through (6) have been satisfactorily met, the Planning Commission shall forward its report and recommendation to the Township Board.
Approval of PND.
Upon receipt of the report and recommendation of the Planning Commission, and after holding a public hearing, the Township Board shall, by resolution, either approve or disapprove of the plan. Approval shall be granted only upon the Board determining that all provisions of this chapter have been complied with and that the proposed development will not adversely affect the public health, welfare, and safety.
Because the PND is a zoning district, approval by the Township Board of a PND plan shall be immediately followed by a reclassification of all land within the proposed area to a PND zoning classification.
Once an area has been included within a plan for planned neighborhood development and such plan has been approved by the Township Board, no development may take place in such area nor may any use thereof be made except in accordance with the plan approved or in accordance with a Township Board approved amendment thereto.
Submission of final plats and site plans.
Within a period of two years following approval by the Township Board, final site plan and plats for the entire area embraced within the area approved for development under this section by the Township Board must be submitted and approved. If final site plan and plats are not submitted and approved during this two-year period, the right to develop under the approved plan shall terminate and a new application must then be filed and processed.
Before any building permit shall be issued for buildings and structures within the area of planned neighborhood development, a final plan shall be submitted to the Township Board for review and recommendation by the Planning Commission of the following:
A detailed site plan, fully dimensioned, showing a fully scaled plan view of all buildings, all public road rights-of-way and private streets, areas within each zoning district, and the proposed ultimate density thereof, parking areas, utilities, churches, schools, and areas to be set aside for the use of the public or by residents within the development at a scale of no smaller than one inch equals 50 feet.
The proposed topography (contour interval not greater than two feet) shall be superimposed on all site plans (scale: one inch equals 50 feet).
Floor plans typical of all residential buildings, except detached single-family, shall be submitted and the site plan shall indicate which floor plan is applicable to each such building.
Each final plat or site plan submitted within the planned neighborhood development shall, either individually or in combination with previously approved contiguous project areas, meet the standards of this section as to density, open space requirements, and housing mixture requirements.
Approval of final plats and site plans.
Review and approval of site plans shall comply with § 480-72, Site plan review, of this chapter. In addition to the requirements of this chapter, review and approval of plats shall comply with the Land Division Act (MCLA § 560.101 et seq.), and Chapter 400, Subdivision of Land, Article I, Subdivision Regulations.
[Amended 4-19-2004 by Ord. No. 285]
Approval of each project area shall be effective for a period of three years. If development is not completed in this period, further submittals under this planned neighborhood development option shall cease until the project in question is completed or cause can be shown for not completing same. In reviewing and approving the final plans, the following conditions shall be set forth:
Approval shall only be granted by the Township Board after review and recommendation by the Planning Commission. Public hearings shall not be required.
A dedication of all public roads shall be made so as to cause continuity of public access between any adjacent major thoroughfares and to effectuate ingress and egress to all areas of the development within the plan.
Before approving the final plan, the Board shall determine:
That all areas shown upon the comprehensive plan for the entire planned neighborhood development area for use by the public or the residents of lands within the planned neighborhood development area have been irrevocably committed to such uses by dedication, restrictive covenants, contract, or in some other manner satisfactory to the Township Board as recommended as to form and content by the Township Attorney.
That the final plan is in general conformity with the original plan previously approved.
Provisions, satisfactory to the Township Board, have been made to provide for the financing of any improvements shown on the plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured by a means satisfactory to the Township Board.
Proceeding with a planned neighborhood development shall only be permitted if it is mutually agreeable to the Township Board and the developer or sponsor.