Fennville City Zoning Code
ARTICLE 21
Planned Unit Developments PUD
§ 450-2101 Planned unit developments; objectives; review and approval procedure.
A.
Intent and purpose. Planned unit developments (PUD) are provided for by special use permit in order to allow for some degree of flexibility and innovation in the design of developing areas, as well as to allow for an efficient and aesthetic use of land. Based upon the standards and criteria contained in each zoning district, the Planning Commission may review and recommend with conditions, a modification in bulk requirements in order to allow certain forms of development containing both privately owned sites and common property, and which are planned collectively as a single unit.
(1)
The planned unit development section of this chapter is also provided in order to promote and encourage the construction of residential developments with mixed housing typologies contained within.
(2)
PUDs shall be subject to review and approval by the Planning Commission and City Commission, in accordance with provisions set forth in Article 19, Site Plan Review, and Article 20, Special Land Uses.
(3)
All proposed PUDs shall require a PUD agreement between the City and the developer. The PUD agreement shall be reviewed by the City Attorney and approved by the Planning Commission and City Commission at the time of review.
B.
Public hearing. A public hearing by the Planning Commission is required for all PUDs.
C.
PUD objectives. The following objectives shall be met by any application for any PUD in order to realize the inherent advantages of coordinated, flexible, comprehensive, and long-range planning and development:
(1)
To provide more desirable living, shopping, and working environments by preserving as much of the natural character of the property as possible.
(2)
To encourage the provision of open space and the development of recreational and, where included in the site plan, other support facilities in a generally central location within reasonable distance of all living units and other land uses.
(3)
To encourage applicants to use a more creative and imaginative approach in the design and operation of development projects including combining and coordinating architectural styles, building forms and relationships, flexibility in design, and planned diversification in the location of structures.
(4)
To allow phased PUDs with the knowledge that each phase will be constructed as approved by the City.
(5)
To promote the use of land that facilitates economic and efficient design and use of public and private infrastructure, buildings, circulation systems, and land use.
(6)
To ensure a quality of construction that is equal to or better than other new developments within the City.
(7)
To ensure there are recognizable and substantial benefits to the community achieved by the PUD. These benefits must otherwise be infeasible or unlikely to be achieved by development under normal zoning requirements considering, without limitation:
(a)
The long-term protection and/or preservation of natural resources and natural features and/or historical and/or architectural features of a significant quantity and/or quality in need of protection or preservation.
(b)
Reducing to a significant extent a nonconformity of a nonconforming use or structure, i.e., modification of a nonconforming use or structure so that it conforms more closely to the requirements of the zoning district in which it is situated.
(c)
The provision of additional amenities that would not otherwise be provided in a conventional development, including but not limited to more usable open space, recreational facilities, higher quality building materials, etc.
§ 450-2102 Residential planned unit developments.
A.
A residential PUD shall be developed through the special use permit procedure. The granting of a special use permit for a residential PUD is permitted in the R-1, R-2, RM, B-1, and CBD Districts.
(1)
Site eligibility. The minimum lot area necessary to qualify as a PUD shall not be less than one continuous acre of land. However, an owner of land less than the minimum required area may apply if the subject land is adjacent to a lawfully approved or constructed PUD having uses similar to the one proposed.
(a)
A planned single unit PUD may be constructed in any combination of uses and structures (except manufactured homes and principal commercial uses), provided that:
[1]
At least 25% of the total area is reserved for open space and natural drainage. This area may consist of land included as part of the required yard setbacks, roads, greenbelt areas, drainage easements, open space, or any recreational amenity; but shall not include any areas used for structures or off-street parking and loading.
[2]
Full compliance with the provisions of this chapter and the tables/schedules contained herein shall be met, unless waived by the City Commission, after receipt of a recommendation by the Planning Commission.
(2)
Density and open space requirements.
(a)
The Planning Commission shall review a "parallel plan," submitted by the applicant, showing a lot layout complying with the lot area, lot width, streets, easements, and setback requirements of the underlying zoning district. The purpose of the parallel plan is to establish a base density of residential development that could practically be located on the site.
(b)
The parallel plan shall be used to establish the density to be permitted on the site, as approved by the City Commission, after receipt of a recommendation by the Planning Commission, in accordance with the requirements of this article.
(3)
Residential density bonuses. Bonuses in net residential density or that area devoted to residential PUD development are permitted, provided that additional land is reserved and dedicated for open space as follows:
(a)
For each 10% increment of additional open space above that required by this section, the City Commission, after receipt of a recommendation by the Planning Commission, may permit up to an equal percentage increase in the number of dwelling units permitted within the PUD. The bonus densities may be accommodated through alterations to the lot and yard requirements applicable to the appropriate residential use within the PUD, including lot area and lot width.
§ 450-2103 Mixed-use planned unit developments.
A.
Mixed-use PUDs shall be restricted to specific portions of the City and under limited conditions specified below:
(1)
Mixed-Use PUDs may be permitted in the B-1 or CBD Districts.
(2)
The minimum land area required for a mixed-use PUD shall be one acre of contiguous property.
(3)
Mixed-use PUDs shall include residential uses on at least 50% of the gross land area of the development and shall include defined open space(s) equal to at least 10% of the gross area. The City Commission, after recommendation from the Planning Commission, may approve not to exceed 75% residential gross floor area, provided that sufficient justification from the applicant is presented.
(4)
Setbacks and buffers.
(a)
All commercial structures and parking for such structures shall be set back at least 25 feet from all external lot lines unless the Planning Commission makes a finding-of-fact that a lesser setback would be sufficient to protect public health, safety, and adjacent property values.
[1]
Such setback areas shall be screened from adjacent residential or open space uses, in accordance with § 450-1508.
(5)
Limitations on commercial structures. No commercial use structure within a mixed-use PUD shall exceed a maximum floor area of 1,500 square feet. All commercial structures shall have the general appearance of the adjacent residential structures.
(6)
Density bonuses. The bonus density calculations may be used in a mixed-use PUD as described in § 450-2102A(3). For density purposes, each commercial use shall count as one residential unit.
(7)
Cluster residential development is encouraged. Multi-family structures (five or more dwelling units) may be included, but each dwelling unit within the multi-family structure shall count as one dwelling unit for density purposes.
§ 450-2104 Pre-application conference.
A.
Prior to formal application submission for a proposed PUD, the developer/applicant shall be required to schedule a pre-application conference with the City Administrator, or their designee, in order to discuss initial design concepts and the application of said concepts to the land in question.
§ 450-2105 Cluster residential PUDs.
A.
Cluster residential PUDs shall comply with all the standards set forth for special land use approval described in Article 20.
§ 450-2106 Permitted residential PUD housing types and uses.
A.
The following are considered eligible for inclusion in an application:
(1)
Principal residential PUD uses and structures:
(a)
Single-family detached homes (excluding manufactured homes).
(b)
Two-family homes, including single-family attached homes.
(c)
Three-family homes.
(d)
Bungalow courts.
(e)
Multiple-family structures (apartments).
§ 450-2107 Permitted mixed-use PUD types and uses.
A.
The following are considered eligible for inclusion in an application:
(1)
Principal mixed-use PUD uses and structures.
(a)
Two-family homes, including single-family attached homes.
(b)
Multiple-family structures (apartments).
(c)
Professional offices and personal service establishments not to exceed 1,500 square feet of gross floor area (GFA).
(d)
Small retail stores not to exceed 1,500 square feet GFA, excluding adult-oriented retail businesses.
(e)
Restaurants, taverns, bars, or other similar establishments, not to exceed 2,000 square feet of gross floor area (GFA).
(f)
Day care centers.
(g)
Gymnasiums, studios, and galleries.
§ 450-2108 Accessory uses and amenities for PUDs.
A.
The following are considered eligible for inclusion in an application:
(1)
Accessory uses and structures:
(a)
Open space — passive and active.
(b)
Indoor and outdoor recreational facilities.
(c)
Carports.
(d)
Community building and meeting hall.
(e)
On-premises laundry facilities.
(f)
Religious institutions and schools.
(g)
Other accessory structures and uses similar to those listed above.
§ 450-2109 Site design standards.
A.
Unless modified by the Planning Commission in writing at the time of approval, compliance with the following design standards is required to be shown on the site plan:
(1)
New buildings shall be designed to blend with the architectural character of existing buildings and shall reflect traditional design details. Those traditional details are expressed around building entrances, window openings, and by building height and scale.
(2)
Community amenities such as patio/seating areas, water features, artwork or sculpture, clock towers, pedestrian plazas with park benches or other features located adjacent to the primary entrance to the building(s) are highly encouraged.
(3)
In no case shall a building or structure within a PUD exceed 50 feet or 3.5 stories in height.
(4)
PUDs located on sites subject to architectural design standards shall comply with § 450-1108.
(5)
Minimum spacing between detached buildings shall not be less than 10 feet unless a differing condition is approved by the City Fire Department.
(6)
All sensitive natural features such as wetlands shall remain unencumbered by all buildings and structures.
(7)
Planted and maintained landscape buffer areas shall comply with standards set forth in Article 15.
(8)
Drainageways shall be protected by a public easement, as approved by the Allegan County Drain Commissioner's office.
(9)
Off-street parking shall comply with standards set forth in Article 17.
(10)
PUDs shall include green infrastructure elements, as set forth in § 450-1707.
B.
Facility site standards. The site standards for all individual uses and facilities as provided in this chapter must be observed unless waived by the Planning Commission for any (or all) of the specific uses and facilities.
C.
Common property which is privately owned. Common property is a parcel or parcels of land, a privately owned road, or roads, together with improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites. When common property exists, the ownership of such common property shall be private. When privately owned, arrangements must be made for the improvement, operation, and maintenance of such common property and facilities, including private service parking and recreational areas. This shall not be waived.
D.
Public easement on common property which is privately owned. When common property exists in private ownership, the owners shall grant easements, over, under, and through such property to the City as may be required for public purposes.
§ 450-2110 Revisions and modifications.
A.
After approval of a PUD, a site plan may be revised upon approval by the City Commission, after a recommendation from the Planning Commission.