This article provides for planned unit developments to further the health, safety, and general welfare of city residents by permitting the city flexibility in the regulation of land development and encouraging innovation and variety in land use and design of projects. The standards of this article are intended to encourage and provide for a more efficient arrangement of land uses, buildings, circulation systems and infrastructure.

(Ord. of 11-6-2017, § 5.1)

(a)

Generally. An application for a planned unit development may be submitted on any parcel or contiguous parcels within the city where the site meets one or more of the following criteria:

(1)

Mixed or varied uses are proposed that cannot be achieved under a single zoning district;

(2)

The site exhibits unusual topography or a unique setting within the community;

(3)

Innovation and variety of design are proposed that are not achievable under the current zoning districts of this article;

(4)

Additional amenities are made possible by and incorporated within the development;

(5)

A substantial public benefit is proposed within or as a result of the project;

(6)

A cross-jurisdictional development is proposed that warrants flexibility in terms of design and layout.

Approval will not be granted when the planned unit development is determined to be sought primarily to avoid the imposition of standards and requirements of existing zoning classifications rather than to achieve the objectives of this article.

(b)

Minimum site size. The site on which an application for planned unit development is proposed shall be self-contained and shall contain no less than five contiguous acres (exclusive of all existing public and private road rights-of-way on the perimeter of the site). Notwithstanding anything contained in the preceding sentence to the contrary, in the event that a planned unit development is proposed which lies partially within and partially outside the jurisdictional boundary of the city and that portion lying within the city is less than five acres in size, that portion lying within the city may, in the discretion of the planning commission, be combined with the acreage of those areas of the proposed planned unit development lying beyond the city's jurisdictional boundaries for purposes of establishing whether the five acre minimum has been met.

(c)

Exceptions to site size. To encourage flexibility and creativity consistent with the objectives of this chapter, the planning commission may approve projects of less than five acres. Such a deviation shall be approved through a finding of fact by the planning commission that the deviation meets the purpose of a planned unit development set forth in approval criteria. In granting such a deviation, the planning commission shall consider factors such as preservation of steep topography, soils unsuitable for development, surrounding land uses which may make the parcel unsuitable for traditional development, transfer of acreage or easements to the city or other appropriate organization for broadly beneficial public projects, or truly innovative design. Such a dimensional deviation is not subject to variance approval by the zoning board of appeals.

(d)

Site accessibility. A planned unit development shall be directly accessible from a major thoroughfare. The city may authorize a project that does not have direct access to a major thoroughfare, provided appropriate findings of fact are made demonstrating that:

(1)

The project is directly accessible from a public road of suitable design and construction to handle any anticipated traffic that will be generated by the project;

(2)

The anticipated traffic volumes are not reasonably expected to result in adverse impacts for those uses and properties along the public road system; and

(3)

The efficiency and safety of the overall public road system will not be negatively impacted.

(e)

Open space. A planned unit development shall be designed to incorporate a minimum of 20 percent useable open space to supplement the residents of the PUD or city. These areas are anticipated to provide recreational opportunities such as parks, trails, playgrounds and other similar opportunities.

(Ord. of 11-6-2017, § 5.1.1)

(a)

Generally. Preliminary review shall establish proposed land uses, project density, site layout and design, proposed vehicular and pedestrian circulation patterns, natural resource protection areas, open space, land use buffers, grading, stormwater management patterns and site servicing. Final engineering is not required for preliminary review and decision.

(b)

Completeness review. The zoning administrator or planner of record shall conduct a completeness review.

(c)

Planning commission. The planning commission shall hold a public hearing on the development application. Following review and public hearing on the application, the planning commission shall make a preliminary recommendation to the city council on whether to approve or deny the request for preliminary planned unit development approval. Preliminary recommendation of a planned unit development shall specify all conditions that must be satisfied prior to submission of the planned unit development under final review and decision. Preliminary plans may not be changed or amended except as required by final engineering.

(d)

City council. Upon receipt of the planning commission's recommendation, the city council may hold a public hearing on the application for preliminary planned unit development approval and may specify additional conditions or requirements that shall be satisfied prior to submission of the planned unit development under final review and decision. Preliminary plans may not be changed or amended except as required by final engineering.

(Ord. of 11-6-2017, § 5.1.2)

(a)

Generally. Final review shall address all conditions imposed by the planning commission or city council in the preliminary decision on the planned unit development. Applications for final review and decision shall not be considered until all conditions have been addressed.

(b)

Completeness review. The zoning administrator or planner of record shall conduct a completeness review to determine that all conditions of the preliminary decision have been addressed. No application shall be referred to the planning commission until this standard has been satisfied. The appellate agency for purposes of this completeness review is the planning commission. Upon certification by the zoning administrator or planner of record that all requirements of the preliminary recommendation have been satisfied, the application shall be referred to the planning commission for its final review and recommendation.

(c)

Planning commission. The planning commission may hold a public hearing on such application for final review and decision. After review, the planning commission shall transmit its final recommendation to the city council to approve, approve with final conditions, or deny the request.

(d)

City council. The city council shall hold a public hearing on the application for final review and decision. Following review and public hearing, the city council shall deny, approve or approve with final conditions the request for final planned unit development approval. Approval of a planned unit development shall be incorporated in a report and decision order that shall include the decision, the basis for the decision and any final conditions imposed.

(e)

Approval criteria. In its review of an application the city shall, at a minimum, consider the criteria as follows:

(1)

Scope of authority; uses. A planned unit development may include any principal and other uses permitted by right, permitted under special condition or permitted by special use permit in the zoning district where the land is located. The city council may also authorize principal and other uses not permitted in the zoning district where the land is located, provided appropriate findings of fact are made demonstrating that:

a.

The proposed uses, within the context of the overall development plan, are harmonious and compatible with the planned uses of the site and the surrounding area, as provided for within the master plan;

b.

The proposed density is in accordance with the policies and objectives set out in the master plan; and

c.

In areas where the surrounding lands have been substantially developed in accordance with a particular land use character, pattern and density, the planned unit development shall be consistent and compatible with that existing land use character, pattern and density.

(2)

Scope of authority; dimensional standards. A planned unit development may alter and establish lot size limits, required facilities, buffers, open space areas, density limits, setback requirements, height limits, building size limits, off-street parking regulations, landscaping rules, miscellaneous regulations and intensity limits where such regulations or changes are consistent with the intent of this section and the standards set forth herein.

(3)

Objectives. The following objectives shall be considered in reviewing any application for a planned unit development:

a.

To permit flexibility in the regulation of land development;

b.

To encourage innovation in land use and variety in design, layout and type of structures constructed;

c.

To achieve economy and efficiency in the use of land, natural resources, energy and the providing of public services and utilities;

d.

To encourage useful open space; to provide improved housing, employment, and shopping opportunities particularly suited to the needs of the region;

e.

To encourage the innovative use, re-use, and improvement of existing sites and buildings; and

f.

To permit development in accordance with the policies and objectives of the master plan.

(4)

Criteria. In order to foster the attractiveness of a planned unit development and its surrounding neighborhoods, preserve property values, provide an efficient road and utility network, ensure the movement of traffic, implement comprehensive planning, and better serve the public health, safety and general welfare, the following criteria apply to planned unit developments. These criteria shall neither be regarded as inflexible requirements, nor are they intended to discourage creativity or innovation:

a.

The uses will be compatible with the natural environment, and with adjacent and surrounding land uses and properties, and will not have an adverse economic, social or environmental impact on adjacent and surrounding land uses and properties;

b.

The uses will be compatible with the capacity of existing public services and facilities, or of planned and feasible future public services and facilities and such uses are consistent with the public health, safety and welfare of the city residents;

c.

The uses and development are warranted by the design of additional amenities made possible with, and incorporated by, the development proposal;

d.

Insofar as practicable, the landscape shall be preserved in its natural state by minimizing tree and soil disturbance and removal;

e.

Existing important natural, historical and architectural features within the development shall be preserved;

f.

Proposed buildings shall be sited harmoniously to the terrain and to other buildings in the vicinity that have a visual relationship to the proposed buildings;

g.

With respect to vehicular and pedestrian circulation and parking, special attention shall be given to the location and number of access points to public streets, minimizing potential motorized/non-motorized conflict points, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and the arrangement of parking areas that are safe and convenient and, insofar as is practicable, do not detract from the design of proposed structures and neighboring properties;

h.

Landscaping is provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property and, where applicable, to create a pleasant pedestrian scale outdoor environment;

i.

The development consolidates and maximizes usable open space;

j.

The benefits of the development are not achievable under any single zoning classification; and

k.

The development is compatible with the intent and purpose of the adopted master plan.

(f)

Amendments. Amendments to an approved planned unit development shall be considered according to the review procedure under final review and decision.

(Ord. of 11-6-2017, § 5.1.3)

This section requires preliminary review by the planning commission, followed by final review and approval by the city council, of site condominium subdivision site plans to ensure that site condominium projects comply with this chapter. Site condominium projects may be approved as provided by this section in any zoning district for the uses permitted by this chapter in the zoning district in which the project is located. All site condominium subdivisions shall comply with the following requirements and procedures:

(1)

Prior to final review and approval of a site condominium subdivision site plan by the city council, a preliminary site condominium subdivision site plan shall be reviewed by the planning commission in accordance with the procedures, standards, and requirements provided by this section.

(2)

All site condominium subdivisions shall require site plan approval by the planning commission in accordance with article VIII of this chapter. To the extent not provided in connection with the site plan as required by article VIII of this chapter, the following documents and information shall also be included for site condominium subdivision site plan review:

a.

The documents and information required by MCL 559.166 of the Condominium Act, MCL 559.101 et seq., for condominium subdivision plans.

b.

All information as required for preliminary and final plat review by the city subdivision regulations, as amended.

c.

The use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the master deed.

d.

A storm drainage and a stormwater management plan, including all lines, swales, drains, basins and other facilities and easements granted for installation, repair and maintenance of all drainage facilities.

e.

A utility plan showing all water and sewer lines and easements granted for installation, repair and maintenance of all utilities.

f.

A narrative describing the overall objectives of the proposed site condominium project.

g.

A narrative describing the proposed method of providing potable water supply waste disposal facilities, and public and private utilities.

h.

Documented proof of review by the county or state road commission, the drain commissioner, the health department, the state department of transportation and the state department of natural resources.

(3)

The planning commission shall review the preliminary site condominium subdivision site plan in accordance with the standards and requirements contained in article VIII of this chapter and in accordance with the following additional standards and requirements:

a.

In its review of a site condominium site plan, the planning commission may consult with the ordinance enforcement officer, the city attorney, the city engineer, the city fire chief, the city planner or other appropriate officials and persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems and streets, project layout and design or other aspects of the proposed project.

b.

The building site for each site condominium unit shall comply with all applicable provisions of this article, including minimum lot area; minimum lot width; required front, side, and rear yards; and maximum building height for the district in which the property is located. For example, the area and width of the building site shall be used to determine compliance with the minimum lot area and lot width requirements. Compliance with required front side, and rear yards shall be determined by measuring the distance from the equivalent front, side or rear yard boundaries of the building site to the closest respective front side, or rear boundary of the building envelope.

c.

The planning commission shall require that portions of the site plan, as relevant to the reviewing authority in question, be submitted to the applicable county health department, county road commission, county drain commission, state department of natural resources, state department of public health, and other appropriate state and county review and enforcement agencies having direct approval or permitting authority over any aspect of the proposed site condominium project.

d.

All site condominium subdivisions shall meet the subdivision design layout standards and subdivision improvement requirements of the city subdivision regulations, as amended.

(4)

After reviewing the preliminary site plan, the planning commission shall prepare a written statement of recommendations regarding the proposed site condominium project, including any suggested or required changes in the site plan. The planning commission shall provide a copy of its written recommendations to the applicant and to the city council.

(5)

After receiving the planning commission's recommendations on the preliminary site plan, the applicant shall submit, to the city council, a final site condominium subdivision plan that complies with the requirements of this section. The final site condominium project plan submitted by the applicant shall incorporate all of the recommendations, if any, made by the planning commission based on its prior review of the preliminary plan. If any of the planning commission's recommendations are not incorporated in the final plan, the applicant shall clearly specify, in writing, which recommendations have not been incorporated and the reasons why those recommendations have not been incorporated. Except for changes made to the plan as necessary to incorporate the recommendations of the planning commission, the final plan shall otherwise be identical to the preliminary plan that was reviewed by the planning commission. Changes made to the plan, other than those necessary to incorporate the recommendations of the planning commission, shall be reviewed by the planning commission as provided by this article prior to approval of the plan by the city council.

(6)

After receiving the planning commission's recommendations on the preliminary plan and a final site plan from the applicant, the city council shall proceed to review and may approve, deny, or approve with conditions the plan is accordance with the applicable standards provided by this section and article VIII of this chapter.

(7)

The city clerk shall receive a copy of the recorded master deed for the project, if approved, as defined in MCL 559.108 of the Condominium Act, MCL 559.101 et seq. The master deed must ensure that the city will not be responsible for maintenance or liability of the non-dedicated portions of the site condominium subdivision, that snow removal will be provided, and that there is adequate access and turnaround for emergency vehicles. Responsibility for the maintenance to stormwater retention areas, drainage easement, drainage structures, lawn cutting and other general maintenance of common areas must be clearly stated.

(8)

No buildings or structures shall be constructed nor shall any other site improvements or changes be made on the property in connection, with a proposed site condominium project except in compliance with a final site plan as approved by the city council, including any conditions of approval and other applicable requirements of local, state or federal laws and regulations.

(9)

No building or grading permits shall be issued by the city for a site condominium project until a final site plan has been approved by the city council, all conditions to commencement of construction imposed by the city council have been met, and all applicable approvals or permits from appropriate county and state review and enforcement agencies have been obtained for the project. The code enforcement officer shall be furnished with two copies of all as-built drawings for review by the city engineer for compliance with all city ordinances prior to the issuance of any building permits. Fees for this review shall be established by resolution of the city council.

(10)

Approval of a final site plan shall not constitute approval of expandable or convertible portions of a site condominium project unless the expandable or convertible areas were specifically reviewed and approved by the city council in compliance with the procedures, standards and requirements of this section.

(11)

Any change proposed in connection with a project for which a final site condominium subdivision site plan has previously been approved by the city council shall be subject to review as required for the original application as provided by this section.

(12)

The approval of a site condominium subdivision site plan by the city council shall be effective for a period not to exceed one year unless construction of the project commences within that one-year period and is diligently pursued to completion in accordance with the terms and conditions of the approval. This one-year period may be extended by the city council for additional periods of time as determined appropriate by the council if the extension is applied for by the applicant within the effective period of the approval.

(Ord. of 11-6-2017, § 5.2)