A.

The intent of this article is to offer an alternative to conventional development by permitting flexibility in the regulations for development. The standards contained herein are intended to promote and encourage development on parcels of land which are suitable in size, location and character for the uses proposed while ensuring compatibility with adjacent land uses.

B.

The PUD zoning standards are provided as a design option to:

1.

Encourage innovation in land development in terms of variety, design, layout and type of structures constructed;

2.

Accommodate development on sites that exhibit difficult development constraints;

3.

Encourage redevelopment of brownfield or greyfield sites as mixed-use neighborhoods;

4.

Encourage the adaptive reuse of historic buildings;

5.

Provide the opportunity to mix compatible uses, or residential types;

6.

Preserve and protect significant natural features, open space and cultural/historic resources;

7.

Ensure that new developments are consistent with the historic character of the community;

8.

Promote efficient provision of public services and utilities;

9.

Minimize adverse traffic impacts;

10.

Encourage development of convenient recreational facilities; and

11.

Encourage the use and improvement of land where site conditions make development under conventional zoning difficult or less desirable.

C.

For properties approved for PUD designation, these PUD standards provide the developer with flexibility in design and permit variation of the specific bulk, area, and in some situations, the density requirements of this chapter on the basis of the total PUD plan, subject to the approval of the PUD by the planning commission in accordance with the requirements set forth herein. The PUD standards shall not be sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated purposes set forth in this section.

(Ord. No. C-746-2010, § 1, 4-19-10)

The following criteria shall apply to all planned unit developments (PUDs):

A.

Unified Control. The planned unit development 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.

Recognizable Benefit.

1.

The applicant shall demonstrate to the planning commission that the PUD provides at least three (3) of the following site design elements that could not be attained through a project designed under conventional zoning:

a.

Mixed-use development with residential, and nonresidential uses or a variety of housing types;

b.

Redevelopment of brownfield or greyfield sites;

c.

Pedestrian/transit-oriented design with buildings oriented to the sidewalk and parking to the side or rear of the site;

d.

High quality architectural design beyond the site plan requirements of this chapter;

e.

Extensive landscaping beyond the site plan requirements of this chapter;

f.

Preservation, enhancement or restoration of natural resources (trees, slopes, nonregulated wetland areas, views to the river);

g.

Preservation or restoration of historic resources;

h.

Provision of open space or public plazas or features;

i.

Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions (e.g., topography, shape etc.);

j.

Effective transition between higher and lower density uses, and/or between nonresidential and residential uses; or allow incompatible adjacent land uses to be developed in a manner that is not possible using a conventional approach;

k.

Shared vehicular access between properties or uses;

l.

Mitigation to offset impacts on public facilities (such as road improvements); or

m.

Significant use of sustainable building and site design features such as: water use reduction, water-efficient landscaping, innovative wastewater technologies, low impact stormwater management, optimize energy performance, on-site renewable energy, passive solar heating, reuse/recycled/renewable materials, indoor air quality or other elements identified as sustainable by established groups such as the U.S. Green Building Council (LEED) or ANSI National Green Building Standards.

2.

In granting the relaxation of any district standard for a PUD, the planning commission may require the applicant to demonstrate through bona fide documentation that the project will not be detrimental to the public health, safety or welfare of the future occupants of the PUD, the surrounding neighborhood, or the city as a whole. Such documentation may include, but is not limited to, traffic impacts studies, environmental impact studies, market needs assessments, infrastructure impact studies and any other such reports or studies.

C.

Compatibility with Adjacent Uses. The proposed location of uses or structures that are of a significantly different scale or character than the abutting residential districts, such as access drives, parking areas, waste receptacles, swimming pools, tennis courts and facilities of a similar nature, shall not be located near the perimeter of the PUD or so as to negatively impact the residential use of adjacent lands.

D.

Public Utilities. All uses within the PUD shall be served by public water and sewer systems.

E.

Master Plan. The proposed PUD shall be consistent with the City of Farmington Master Plan.

(Ord. No. C-746-2010, § 1, 4-19-10)

The uses permitted in the PUD shall be consistent with and in accordance with the uses permitted by right and special land uses in the underlying zoning district. Other uses, however, may be permitted upon a finding by the planning commission that such uses will be appropriate and compatible with the uses proposed for the development and with surrounding uses. The planning commission may permit additional uses to create an integrated, mixed-use development based upon the recommendations of the City of Farmington Master Plan. Approval of a PUD shall include the specific identification of the uses permitted within the PUD, and only those uses so approved shall be permitted.

(Ord. No. C-746-2010, § 1, 4-19-10)

The height, bulk and area conditions set forth in the underlying district requirements shall be used as guidelines for the use areas set forth in the PUD. However, to encourage flexibility and creativity consistent with the intent of the PUD, the planning commission may permit specific departures from the requirements of this chapter. Any regulatory modification shall be approved through a finding by the planning commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards.

A.

Modifications to Dimensional Requirements. The bulk and area requirements set forth in the applicable zoning district that permits the requested use shall be used for the use areas described in the PUD, and shall be modified only upon a demonstration that each modification is consistent with the intent of this article. Where modification of the zoning ordinance standards is requested, the applicant shall provide a table for each specific standard proposed to be modified. Unless modifications are specifically requested and approved by the city, the site plan shall comply with the appropriate requirements of the city.

B.

Residential Density.

1.

Where the underlying zoning is single-family residential, the number of dwelling units allowable within a PUD shall be determined through preparation of a plan that illustrates the number of units that could be developed under a conventional plan. This conventional plan shall meet all standards for lot size, lot width and setbacks in accordance with the dimensional requirements for the underlying zoning district and other applicable city and state standards.

2.

Where the underlying zoning is multiple-family residential, the density shall be based on the underlying zoning district.

3.

Where the underlying zoning district is nonresidential, residential shall be permitted based on the density requirements of the CBD district.

4.

Once the base density has been determined, the planning commission may allow up to a twenty (20) percent density bonus upon a finding that the project provides more than five (5) of the benefits listed in subsection 35-132.B., recognizable benefit.

5.

The residential units may be attached if the planning commission determines that the project will be exceptional in its provision of the benefits listed in subsection 35-132.B., recognizable benefit.

6.

Where a PUD is proposed for a land area that includes multiple underlying zoning districts, density shall be determined separately for each respective zoning district then combined for a maximum permitted dwelling unit density for the overall project. Following the determination of density, residential dwelling unit types may be integrated within the overall design for the project and need not be segregated by the underlying zoning districts. The location and distribution of dwellings within the PUD shall be determined through design that meets the intent of this article, preservation of natural features and compatibility with surrounding land uses.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

Overview of PUD Review and Approval Process. The PUD review and approval process includes the following steps:

1.

Preapplication conference with planning commission on PUD concept plan (optional).

2.

Planning commission review of PUD concept plan and scheduling of public hearing.

3.

Planning commission public hearing review and recommendation on PUD concept plan and draft PUD agreement.

4.

City council review and approval of PUD overlay zone, PUD concept plan and PUD agreement.

5.

Planning commission approval of final site plan.

B.

Preapplication Conference with Planning Commission.

1.

Applicant Request. An optional preapplication conference with the planning commission may be requested by the applicant to discuss the appropriateness of a PUD and the concept plan to solicit feedback and to receive requests for additional materials supporting the proposal. An applicant desiring such a conference shall request placement on the planning commission agenda.

2.

Public Notice. The preapplication conference shall be open to the public, but shall not include a public hearing.

C.

Planning Commission Review of PUD Concept Plan and Draft PUD Agreement and Public Hearing.

1.

PUD Concept Plan. A concept plan for the PUD that contains all of the following information shall be submitted for planning commission review:

a.

A conceptual plan for the development, drawn to an engineer's scale of not less than one (1) inch = fifty (50) feet for property less than three (3) acres, or one (1) inch = one hundred (100) feet for property three (3) acres or more in size, that includes all of the following:

(1)

Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions;

(2)

Scale and north-point;

(3)

Location map drawn to a separate scale;

(4)

Legal description of property;

(5)

Zoning classification of site and all abutting parcels;

(6)

Net acreage (minus rights-of-way) and total acreage;

(7)

Existing lot lines, building lines, structures, parking areas and other improvements on the site and within one hundred (100) feet of the site;

(8)

Proposed lot lines, lot dimensions, property lines, setback dimensions and other improvements;

(9)

Location and height of all proposed buildings or structures;

(10)

Location of existing and proposed roads, driveways, parking lots, sidewalks and pathways on or within two hundred fifty (250) feet of site;

(11)

Proposed off-street parking lots and number of spaces;

(12)

Conceptual landscape plan;

(13)

The general location of existing plant material;

(14)

Location of existing drainage courses, floodplains, rivers and MDEQ regulated wetlands;

(15)

Location of existing and proposed sanitary sewers;

(16)

Location of existing and proposed water mains;

(17)

Stormwater retention and detention pond locations and existing, or proposed storm sewers;

(18)

Number and location of residential units;

(19)

Density calculations by type of residential unit; and

(20)

Location and size of recreation and open space areas.

b.

A parallel plan or alternative conventional development plan showing the development possible based on the current zoning district standards; this plan will be used to determine density and dimensional standards permitted in the PUD.

c.

Documentation indicating how the criteria for qualification for a PUD have been met.

d.

A table which details all deviations from the established zoning district uses; area, height and setback requirements; off-street parking regulations; general provisions; or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PUD article; this table shall clearly identify the allowed regulation in comparison to the requested deviation.

e.

Any additional information requested by the planning commission to better assist in the determination of PUD qualification such as, but not limited to: market studies, fiscal impact analysis, traffic impact studies, and environmental impact assessments.

2.

Draft PUD Agreement. The applicant shall submit a draft PUD agreement for review and recommendation by the planning commission after review by the city attorney. The agreement shall provide:

a.

A survey of the acreage comprising the proposed development.

b.

The manner of ownership of the developed land.

c.

The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space.

d.

Provision assuring that open space 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 city may require conveyances or other documents to be placed in escrow to accomplish this.

e.

Satisfactory provisions have been made to provide for the future financing of any improvements shown on the plan for site improvements, open space areas and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the planning commission.

f.

The cost of installing, improving and maintaining streets and the necessary utilities has been assured by a means satisfactory to the planning commission.

g.

Provisions to ensure adequate protection of natural features.

h.

The PUD site plan shall be incorporated by reference and attached as an exhibit.

3.

Public Hearing. A public hearing to review the requested PUD and site plan shall be scheduled in accordance with the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended).

4.

Planning Commission Review, Decision, and Recommendation.

a.

PUD Concept Plan. The planning commission shall review the PUD concept plan in consideration of public hearing comments, technical reviews from city staff, correspondence from applicable review agencies and compliance with the standards of this article and other applicable standards and requirements of this chapter. The planning commission shall recommend approval, approval with conditions or denial of the PUD request to the city council. The recommendation shall be based on the following:

(1)

Whether the proposal provides the recognizable benefits of the PUD;

(2)

Promotes the land use goals and objectives of the city or the master plan;

(3)

Whether all applicable provisions of this article and this chapter shall be met;

(4)

Whether eligibility criteria of section 35-132 are met;

(5)

Whether there is, or will be at the time of development, adequate facilities to accommodate the sanitary sewage, stormwater, solid waste, water supply needs and traffic generated by the proposed project; and

(6)

Whether the project successfully provides a transition between higher and lower density uses and/or between nonresidential and residential uses.

b.

PUD Draft Agreement. If the planning commission approves the PUD concept plan, the planning commission shall forward the draft agreement and concept plan to the city council for review in accordance with subsection 35-132.D., below.

D.

City Council Review of PUD Overlay Zoning, PUD Concept Plan and PUD Agreement. Following receipt of a recommendation from the planning commission on the PUD overlay zoning, PUD concept plan and draft PUD agreement; the city council shall review the concept plan and PUD agreement and either approve, deny, or approve with a list of conditions made part of the approval.

E.

Conditions. In accordance with the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended), reasonable conditions may be required with the approval of a PUD for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources, ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner, and further the implementation of the City of Farmington Master Plan. Conditions attached shall be included in the PUD agreement.

F.

Time Limits for PUD Concept Plan Approval. Approval of the PUD concept plan by the city council shall confer upon the owner the right to proceed through the subsequent planning phase for a period not to exceed two (2) years from date of approval. If application for final site plan approval for the PUD or a phase of the PUD is not requested within this time period, the PUD concept plan approval shall automatically become null and void and all rights thereunder shall terminate. The city council may for good cause extend the period up to an additional two (2) years, if requested in writing by the applicant prior to the expiration date. Upon expiration of a PUD concept plan, the city council may direct the planning commission to conduct a public hearing and make a recommendation to remove the PUD overlay district.

G.

Final Approval of Site Plan by Planning Commission.

1.

Following PUD concept plan approval, a final site plan for the PUD or individual phases of the PUD shall be submitted in accordance with section 35-163, site plan review procedures.

2.

All site plans subsequently submitted shall conform with the PUD concept plan, all conditions attached to preliminary approval, the PUD agreement and the requirements of this ordinance. Where the planning commission determines that changes to the final site plan significantly deviate from the PUD concept plan, the planning commission shall conduct another public hearing and review the plan as an amended resubmission of the PUD concept plan under the requirements of this article.

(Ord. No. C-746-2010, § 1, 4-19-10)

Any amendment or deviation from an approved final site plan shall follow the procedure described in section 35-165, amendment to approved site plans, provided such amendment or deviation shall still conform with the PUD concept plan and agreement.

(Ord. No. C-746-2010, § 1, 4-19-10)

Any deviation or waiver from the PUD requirements of this article or other zoning requirements of this chapter not otherwise provided for in section 35-134 shall be reviewed and approved by the city council. Such deviation or waiver shall only be approved upon a showing that the requirements create practical difficulties that unreasonably prevent the development of the property as a PUD and render conformity with such restrictions unnecessarily burdensome if the deviation or waiver is not granted.

(Ord. No. C-746-2010, § 1, 4-19-10)

The zoning board of appeals shall have no jurisdiction to hear appeals or make interpretation or any other decisions regarding this article or a proposed PUD concept plan or site plan.

(Ord. No. C-746-2010, § 1, 4-19-10)