The purpose of this Article is to provide through the use of the Planned Unit Development (PUD) concept, an added degree of flexibility in the density, placement, bulk, and interrelation of buildings and uses within the Traditional Residential District (TRD), Low Density Single-Family Residential District (RD1), the Single-Family and Two-Family Residential District (RD2), Multiple-Family Residential District (MFRD), Limited Business District (LBD), General Business District (GBD), Limited Industrial District (LID), and General Industrial District (GID).

Further, the purpose is to encourage implementation of new design concepts so as to encourage a more efficient and innovative use of land, public services, and the preservation of natural features through the use of a unified, flexible planning approach, while at the same time maintaining adequate amounts of light, air, access, and required open space and facilitating the economical provisions of public services and utilities. To further this purpose, the respective district regulations may be amended or waived by the city council, as part of a PUD, after recommendation by the planning commission on the same and as provided for in this Ordinance. The general boundaries of any PUD approved by the city council shall be indicated on the official Eaton Rapids Zoning Map for reference.

The following provisions shall apply to all planned unit developments:

A.

The planned unit development site shall be under the control of one (1) owner or group of owners and shall be capable of being planned and developed as one (1) integral unit.

B.

A PUD zoning classification may only be approved in conjunction with either an approved overall PUD concept plan or an approved PUD development plan.

C.

A PUD zoning classification shall function as an overlay zoning district, with the underlying zoning districts and their associated standards in effect unless otherwise amended or waived in the PUD approval process.

D.

An area proposed for a planned unit development (PUD) shall consist of an area not less than five (5) acres in size, being a single parcel of land or two (2) or more parcels of land separated only be a road or street.

The application process for a PUD involves a two-step process including a pre-application conference and final development plan review by the planning commission and recommendation to the city council. The city council may also approve a preliminary pud concept plan for those projects having multiple phases. The following procedure shall be followed when applying for planned unit development (PUD) approval:

A.

Pre-application conference. Before submitting an application for approval of a PUD, the applicant shall confer in a pre-application conference with the city manager, the building inspector, and any other city staff or consultants retained by the city that may have an interest in the proposal with the intent being to obtain information and guidance regarding land development regulations, the city's comprehensive plan, and the application and review process. At the pre-application conference, the applicant shall submit a preliminary sketch plan for the proposed PUD, containing both maps and a written statement. All maps shall show enough of the surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed. The maps which are part of the preliminary concept plan may be in general schematic form, but must contain enough information to obtain feedback from city officials and consultants.

B.

Planning commission review of final PUD. Upon completion of the pre-application conference stage, a final PUD development plan application meeting the submission requirements of this Article and incorporating the preliminary concept plan, shall be submitted to the planning commission for its review. A public hearing on the final PUD development plan shall be held by the planning commission, with notification of the hearing date published in a newspaper which circulates in the city and sent by regular mail, at least five (5) days but not more than fifteen (15) days prior to the hearing date, to property owners and occupants of each dwelling unit in all structures located within three hundred (300) feet of the proposed PUD. For structures containing more than four (4) dwelling units owned or leased by different individuals, partnerships, businesses, or organizations, notice shall be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

After the public hearing, the planning commission shall make a recommendation to the city council of approval, approval with modifications, or disapproval of the PUD, as represented by the final PUD plan and accompanying materials. The planning commission shall prepare a report stating its conclusions on the PUD request, the basis for its recommendation, the recommendation, and any conditions relating to an affirmative recommendation.

C.

Final PUD development plan submittal requirements. The final PUD development plan shall include all of the following information, unless the building inspector determines that some of the required information is not reasonably necessary for the consideration of the planned unit development:

1.

Application form and required fee.

2.

A narrative indicating the period of time within which the project will be completed.

3.

Sheet size of submitted drawings shall be at least twenty-four (24) inches by thirty-six (36) inches, with graphics at an engineers scale of at least one (1) inch equals one hundred (100) feet.

4.

Building footprints, setbacks, floor plans, and elevations showing height and materials for all proposed structures; typical layout for condominium projects.

5.

Proposed locations of utility services (with sizes), noting which will remain and which are to be removed, including storm drainage, sanitary/storm sewer, fire hydrants, and any public or private easements.

6.

General description and location of stormwater management system including pre- and post-site development run-off calculations used for determination of stormwater management.

7.

A landscape plan indicating proposed plant locations with common plant names, number, and size at installation. Berms, retaining walls, or fences, shall be shown with elevations from the surrounding average grade.

8.

A site grading plan with existing and proposed topography at a minimum of two (2) foot contour intervals and with topography extending a minimum of fifty (50) feet beyond the site in all directions and further where required to indicate stormwater run-off into an approved drain or detention/retention pond.

9.

Location of significant natural, historical, and architectural features, that will be designated to remain, and/or location and acreage of areas not to be disturbed; noting protection methods such as a fence, barrier, or police line installed prior to site preparation.

10.

Location and method of screening for all refuse storage stations/receptacles.

11.

Location and dimension of parking spaces, loading/unloading areas and calculations.

12.

Details of exterior lighting including locations, height, and method of shielding.

13.

Location and size of all signs, including:

a.

Location, type, height, and method of lighting for identification signs.

b.

Location and type of any directional or regulatory/traffic signs with details for any sign not conforming to the Michigan Manual of Uniform Traffic Control Devices.

14.

Details of site circulation and access design, including:

a.

Indication of street pavement widths and pavement type;

b.

Street horizontal and vertical dimensions, including curve radii;

c.

Dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersection streets, including those across a street;

d.

Identification of width and material to be used for pedestrian paths.

15.

Written verification of access easements or agreements, if applicable.

16.

A note on each plan sheet stating "Not to be used for construction".

17.

Any additional graphics or written materials requested by the planning commission to assist in determining the impacts of the proposed development plan, including, but not limited to, economic or market studies; impact on public primary or secondary schools and utilities; traffic impact; impact on the significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property including the screening from or buffering of adjacent properties that contain different land usages or housing densities; and estimated construction cost.

18.

The following information shall be submitted as a part of an application for permission to commence any type of development within the flood plain district:

a.

The elevation in relation to mean sea level of the floor, including basement of all structures;

b.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

c.

Proof of development permission from appropriate local, state, and federal agencies including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality;

d.

Base flood elevation data where the proposed development is subject to Act 288 of the Public Acts of 1967, the Subdivision Control Act as amended, or greater than five (5) acres in size; and,

e.

Additional information which may be reasonably necessary to determine compliance with the provisions of this Article.

D.

Standards for approval of final PUD development plan. Based upon the following standards, the planning commission may recommend denial, approval, or approval with conditions, and the city council may deny, approve, or approve with conditions, the proposed planned unit development:

1.

The planning commission and city council shall use the standards for approval of Article XVI "Development Plan Requirements", Article XVIII "General Standards and Exceptions", Article XIX "Design Standards", Article XX "Landscaping Standards", Article XXI "Parking, Loading, and Access Management Requirements" in revising the final PUD development plan. The planning commission of the city council may also use the standards for approval of Article XXIII "Conditional Use Requirements", should such standards be deemed necessary by the planning commission or the city council.

2.

The applicant must demonstrate or identify in writing that the proposed PUD:

a.

Includes any areas indicated in the city's comprehensive plan as having significant natural, historical, or architectural features;

b.

Will provide a complimentary mixture of uses or housing types or clustering of units to preserve common open space, in a design not possible under the underlying zoning district dimensional regulations; and/or

c.

Will achieve a higher quality development than is otherwise possible with the regulations for the underlying zoning district.

3.

The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone, or that of any other zoning district.

4.

The number and dimensions of off-street parking shall be sufficient to meet the minimum number required by this Ordinance. However, where warranted by overlapping or shared parking arrangements, the planning commission or the city council may reduce the required number of parking spaces.

5.

All streets and parking areas within the planned unit development shall meet the minimum construction and other requirements of this Ordinance and any other applicable city ordinance, unless modified by the city council.

6.

Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property and provide not less than that required in Article XX "Landscaping Standards".

7.

Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land.

8.

Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development.

9.

Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided.

10.

Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.

11.

The uses proposed shall be consistent with the city's comprehensive plan or an approved overall PUD concept plan.

12.

Sidewalks shall be provided where appropriate.

The city council shall prepare a report stating its conclusion on the pud request, the basis for its decision, the decision, and any conditions relating to an affirmative decision.

E.

Status of the city council approval. Approval of a PUD application by the city council confers on the applicant and any subsequent powers of the PUD property, the right to utilize the property included as part of the approved PUD in accordance with the overall density, dwelling unit mix, and final plan of the approved PUD. However, for the total PUD or for each portion of the PUD, if phasing of the development is planned, a development plan review is required for each phase in accordance with Article XVI "Development Plan Requirements". The approved development plan shall take precedence over the approved PUD preliminary concept plan for the area of the approved development plan.

The city council may cause to have legal documents, covenants, or contracts prepared and may require the execution thereof by the applicant, which documents involve the city and are required as a result of the conditions contained in the PUD or the development plan approvals in a PUD area.

The building inspector shall inspect the development at each stage to ensure reasonable compliance with the conditions of the approved pud or approved development plans, as applicable.

F.

Revocation or Changes. The city council, after recommendation of the planning commission, may revoke a PUD or any portion thereof in instances where substantial construction activity has not been ongoing anywhere within the PUD within a three-year period. Revocation of any portion of a PUD reverts that portion of the PUD to the status and requirements of the underlying zoning district, without benefit of the PUD provisions. Proposed changes in the PUD, other than those considered a part of the development plan review for all or portions of the PUD, must be processed in the same manner as the original PUD procedure.

(Ord. No. 2002-8, 8-26-02)

A.

Residential Development. The following regulations and standards shall apply to any proposed residential planned unit development (PUD) and shall be incorporated into any proposed preliminary concept plan and/or final PUD development plan:

1.

Overall PUD density. The total number of dwelling units shall not exceed a density of one hundred twenty (120) per cent that otherwise permitted in the underlying zoning district, exclusive of the following:

a.

Those areas deemed undevelopable, as determined by the city council;

b.

Existing or proposed rights-of-way of any major streets, as indicated in the city's comprehensive plan; and

c.

Those areas to be dedicated for public use or private use and not primarily intended for residents of the PUD, except that public streets, other than as set forth in subparagraph 1.b. hereof, and public parkland donated to and accepted by the city are allowable areas for calculations of dwelling unit density.

2.

Densities per type of development area. For areas of detached single-family housing, the density, lot size, and other developmental provisions of the Traditional Residential District or the Low Density Single-Family Residential District shall apply; for areas other than detached single-family housing, the density, lot sizes, and other developmental provisions of the MFRD shall apply; for areas mixing detached single-family housing and other types of housing, appropriate density, lot sizes, and development provisions shall be determined by the city council, considering the requirements of such districts. However, the overall density of the PUD shall not exceed that specified in subparagraph 1. hereof.

3.

Dwelling unit mix. At least fifty (50) per cent of the total dwelling units shall be in detached single-family housing.

4.

Open space and recreation areas. At least twenty-five (25) per cent of the total PUD acreage shall be in open space or recreation area. However, undevelopable areas, as determined in subparagraph 1.a. hereof, may not be counted as part of the minimum open space or recreation requirement. No individual area intended to satisfy the requirements of this subsection shall be less than one (1) acre in size.

Any portion of a PUD proposal for development plan review must include at least twenty-five (25) per cent of its acreage in open space or recreation area, except in instances where previously approved development plans within the PUD include sufficient acreage in excess of the twenty-five (25) per cent requirement to satisfy the deficiencies of the proposed development plan, provided that the city council is satisfied that the use of the open space or recreation area is available to affected parties.

B.

Nonresidential Development. The following regulations and standards shall apply to any proposed nonresidential uses in a planned unit development (PUD), and shall be incorporated into any proposed preliminary sketch plan and/or final PUD plan:

1.

Open space and recreation areas. At least twenty-five (25) per cent of the total PUD acreage shall be in open space or recreation area. However undevelopable areas, as determined in subparagraph A.1.a. hereof, and any areas provided in compliance with required screening or landscaping, may not be counted as part of the minimum open space or recreation requirement. No individual are intended to satisfy the requirements of this subsection shall be less than one (1) acre in size.

Any portion of a PUD proposal for development plan review must include at least twenty-five (25) per cent of its acreage in open space or recreation area, except in instances where previously approved development plans within the PUD include sufficient acreage in excess of the twenty-five (25) per cent requirement to satisfy the deficiencies of the proposed development plan, provided the city council is satisfied that the use of the open space or recreation are is available to affected parties.