The planned unit development (PUD) standards are a supplementary list of "overlay" zoning standards which apply to properties simultaneously with one of the other zoning districts established in this chapter, hereinafter referred to as the "underlying" zoning district. For properties approved for PUD designation, the PUD standards consist of those requirements provided within this article and by waivers granted by the planning commission authorizing a departure from one or more of the requirements or standards of the underlying zoning district or special use(s).

The PUD standards are provided as a design option, intended to permit flexibility in the regulation of land development; to encourage innovation in land use, form of ownership (such as condominiums), and variety in design, layout, and type of structures constructed; to achieve economy and efficiency in the use of land; to preserve significant natural, historical, and architectural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide better housing, employment, and shopping opportunities particularly suited to residents of the city; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites when the uniform regulations contained in underlying zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas.

The PUD standards are intended to accommodate development on sites with significant natural, historical, and architectural features, as noted in the City of Fenton Master Plan, on land which exhibits difficult development constraints, and/or to provide the opportunity to mix compatible uses or residential types, and/or to allow clustering of residential units to preserve common open space and natural features. The PUD standards shall not be sought primarily to avoid the imposition of standards and requirements of other underlying zoning district classifications rather than to achieve the stated purposes herein set forth.

The PUD standards allow a developer the opportunity to mix compatible uses or residential types on a single property, allow clustering to potentially reduce construction costs or better leverage open space, allow a reducing of dimensional requirements when appropriate, e.g. setbacks for downtown projects, and enhance marketability through the preservation of significant natural, historical, aesthetic, and architectural features.

(Ord. No. 722, § 1, 1-22-24)

Principal uses permitted within the PUD overlay are based on the underlying zoning district, as indicated below:

a.

RDR, LDR, LMR, MDR. All principal uses of the underlying district shall be permitted. In addition to those uses, low density multiple-family dwellings or a mixture of single and multiple-family dwellings on a planned basis, through the use of attached dwellings, townhouses, apartment buildings, zero lot line configurations, and/or other similar building configurations; or any combination of these residential uses may be permitted within the PUD overlay.

b.

MHR, HDR, MHD. All principal uses of the underlying district shall be permitted. The list of permitted uses includes low density multiple-family dwellings or a mixture of single and multiple-family dwellings on a planned basis, through the use of attached dwellings, townhouses, apartment buildings, zero lot line configurations, and/or other similar building configurations; or any combination of these residential uses. In addition, for sites having a minimum size of 20 acres, up to ten percent of the total site acreage may be developed with uses permitted in the NBD. Such uses must front a public street and be developed in conjunction with, or following, development of the residential uses.

c.

NBD. The PUD development option is not permitted in this district.

d.

CBD. All business, service, professional office, and other commercial uses, or any combination of these uses, listed as principal uses permitted in the underlying zoning district shall be allowed. In addition, other business, service, and residential uses may be permitted, if determined by the planning commission to be similar to other uses in the surrounding area.

e.

GBD, OSD, OPD, IND. All business, service, professional offices, light manufacturing, and other commercial uses, or any combination of these uses, listed as principal permitted uses in the underlying zoning district shall be permitted. In addition, other business, service, office, light manufacturing, and residential uses may be permitted, if determined by the planning commission to be compatible with other proposed PUD uses and surrounding uses.

(Ord. No. 722, § 1, 1-22-24)

All uses listed as special land uses in the underlying district are considered as special land uses within the planned unit development designation. Special land uses in an approved PUD shall require a special land use permit and shall comply with any specific standards applicable to that special land use and any applicable PUD plan, unless the planning commission waives such requirements consistent with the procedures provided in this article.

(Ord. No. 722, § 1, 1-22-24)

In order to qualify for PUD approval, the applicant must demonstrate in writing that each of the following criteria will be met by the proposed PUD:

a.

Demonstrated benefit. The proposed PUD shall provide two or more of the following benefits not possible under the requirements of the underlying or another zoning district, as determined by the planning commission:

1.

Preservation of significant natural or historic features.

2.

A complementary mixture of uses or a variety of housing types.

3.

Common open space for passive or active recreational use.

4.

Mitigation to offset community impacts.

5.

Redevelopment of a site where creative design can address unique site constraints.

b.

Availability and capacity of public services. The proposed type and density of use shall not result in an unreasonable increase in the use of public services, public facilities, and utility capacities.

c.

Compatibility with the master plan. The proposed PUD shall be compatible with the overall goals and recommendations as proposed in the City of Fenton Master Plan.

d.

Compatibility with the PUD purpose. The proposed PUD shall be consistent with the purpose of this article and spirit of this chapter.

e.

Development impact. The proposed PUD shall not impede the continued use or development of surrounding properties for uses that are permitted in this chapter.

(Ord. No. 722, § 1, 1-22-24)

The application process for a PUD involves a three step approval process including review of a preliminary (conceptual) PUD plan by both the planning commission and city council. Upon approval of the preliminary PUD plan, a final PUD site plan shall be reviewed by the planning commission. The procedures are described in the City of Fenton Development Handbook.

a.

An optional pre-application workshop with the planning commission may be requested by the applicant to discuss the appropriateness of the preliminary PUD concept, solicit feedback, and receive requests for additional materials supporting the proposal. An applicant desiring such a workshop shall request placement on the planning commission agenda.

b.

The applicant shall prepare and submit to the building official/zoning administrator the required number of copies of a preliminary PUD plan for PUD approval, meeting the requirements of section 36-13.06, Preliminary PUD plan submittal requirements, at least 30 days prior to the meeting at which the planning commission shall first review the request; 21 days for an applicant who has had a pre-application workshop on the proposal within 60 days of the preliminary PUD plan submittal. The building official/zoning administrator shall promptly transmit this plan to the members of the planning commission when deemed complete.

c.

The planning commission shall review the preliminary PUD plan and conduct a public hearing in accordance with section 36-26.05, Public hearings. During this review, the planning commission may request additional materials supporting the PUD proposal, or recommend specific design guidelines and development standards subject to subsection (k) of this section and section 36-13.13. The planning commission shall then, within 60 days of the submittal or such reasonable extension of time as may be necessary for adequate review, make a recommendation on the preliminary PUD plan to the city council. The applicant shall incorporate these design guidelines, including, but not limited to waivers, modifications or conditions, recommended by the planning commission prior to the review by the city council.

d.

Following receipt of the planning commission recommendations, the city council shall conduct a public hearing in accordance with section 36-26.05, Public hearings, on the preliminary PUD plan. The city council may approve a preliminary PUD plan establishing specific design guidelines and development standards pursuant to subsection (k) of this section and section 36-13.13. The city council shall take final action on said plan within 90 days of the date it receives a report from the planning commission, or such reasonable extension of time as may be necessary for adequate review.

e.

If any conditions are imposed upon the approval of the preliminary PUD plan by the city council, a list of those conditions shall be made part of the approval and shall be reflected in the final PUD site plan submission.

f.

Approval of the preliminary PUD plan by the city council shall confer upon the owner the right to proceed through the subsequent final PUD site plan review phases for a period not to exceed three years from date of approval. This period may be extended by the city council for one additional three year period. This limitation may be waived by the planning commission in final PUD site plan approval.

g.

The applicant shall submit the required number of copies of detailed final PUD site plans to the building official/zoning administrator, as described in section 36-13.08, Final PUD site plan submittal requirements, for all, or any phase of, the approved preliminary PUD plan at least 30 days prior to the planning commission meeting at which the planning commission shall first review the request.

h.

Upon submission of all required materials and fees, the planning commission shall review such final PUD site plan and shall approve, deny, or approve with conditions, in accordance with the standards and regulations of this zoning ordinance.

i.

If the final PUD site plan was approved with conditions, the applicant shall submit a revised site plan to the building official/zoning administrator in accordance with section 36-16.12, Projects eligible for sketch plan review and administrative approval, for approval prior to the issuance of any building permits.

j.

If the approved preliminary PUD plan indicated that the proposed development was to occur in phases, final PUD site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to ensure protection of significant natural, historical, and architectural features, and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area. Subsequent phases shall also follow the process for final PUD site plan outlined in this article.

k.

The city council may, by resolution and upon recommendation of the planning commission, approve an overall preliminary PUD plan establishing specific design guidelines and development standards for a site or multiple sites, which may include waivers for certain requirements and standards of the underlying zoning district or special use(s). For the purposes of this article, an approved preliminary PUD plan requires each developer to follow the process for final PUD site plan approval outlined in this article. Except as provided by city council in the preliminary PUD plan, the planning commission may require each developer to enter into a separate PUD agreement for each individual site or series of projects as a condition of approval to the final PUD site plan approval. Deviations from an approved preliminary PUD plan or final PUD site plan shall be permitted only in accordance with section 36-13.12, Deviations from approved preliminary PUD plan or approved final PUD site plan.

(Ord. No. 722, § 1, 1-22-24)

The preliminary PUD plan shall set forth the proposed uses to be developed in the PUD. The following specific information shall be provided:

a.

Proof of ownership. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

b.

Written documentation. Written documentation that the proposal meets the standards of section 36-13.04, Qualifying conditions.

c.

Application form and fees. A completed application form, supplied by the building official/zoning administrator, and an application/review fee; a separate escrow deposit may be required for administrative charges to review the preliminary PUD plan submittal.

d.

Sheet size. Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale of one inch equals 20 feet for sites of 20 acres or less; and one inch equals 100 feet or less (i.e. one inch equals 20 to 100 feet) for sites over 20 acres.

e.

Cover sheet. Cover sheet providing:

1.

Applicant's name.

2.

Name of the development.

3.

Preparer's name and professional seal of architect, engineer, surveyor, or landscape architect indicating license in the State of Michigan.

4.

Date of preparation and any revisions.

5.

North arrow.

6.

Property lines and dimensions.

7.

Complete and current legal description and size of property in acres.

8.

Small location sketch of the subject site and area within one-half mile, and scale.

9.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the PUD site.

10.

Lot lines and all structures on the property and within 100 feet of the PUD property lines.

11.

Location of any vehicle access points on both sides of the street within 100 feet of the PUD site along streets where vehicle access to the PUD is proposed.

12.

A table or list of all underlying zoning district or special land use standards that are sought to be waived.

f.

PUD site plan. A site plan sheet indicating:

1.

Existing locations of all natural, historical, and architectural features, existing drainage patterns, surface water bodies, floodplain areas, MDEQ designated or regulated wetlands with supporting documentation (see article XXIV, Environmental Protection Standards), nonregulated wetland areas two or more acres in size, and a tree survey indicating the location and diameter (in inches, measured four feet above grade) of "landmark" trees.

2.

Existing and proposed topography at five-foot contour intervals, and a general description of grades within 100 feet of the site.

3.

Dimensions of existing and proposed right-of-way lines, names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian and/or bicycle paths.

4.

Existing buildings, utility services (with sizes), and any public or private easements, noting those which will remain and which are to be removed.

5.

Layout and typical dimensions of proposed lots, footprints, and dimensions of proposed buildings and structures; uses with the acreage allotted to each use. For developments with residential components: the number, type, and density of proposed housing units.

6.

General location and type of landscaping proposed (evergreen, deciduous, berm, etc.) noting existing trees and landscaping to be retained.

7.

Size, type, and location of proposed identification signs.

g.

Site analysis. A separate plan sheet may be required indicating locations of significant natural, historical, and architectural features, including landmark trees, that will be designated as "areas not to be disturbed" and secured through installation of a snow fence, other fencing, or police line during development of the PUD, including acreage of designated areas.

h.

PUD development agreement. A draft written PUD development agreement specifying all the terms and understandings of the PUD development as prescribed in section 36-13.08, Final PUD site plan submittal requirements, may be required when deemed necessary by the planning commission.

i.

Multi-phased PUD. If a multi-phase PUD is proposed, identification of the areas included in each phase; for residential uses identify the number, type, and density of proposed housing units within each phase.

j.

Additional information. Any additional graphics or written materials requested by the planning commission or city council to assist the city in determining the appropriateness of the PUD such as, but not limited to: aerial photography; market studies; impact on public primary and secondary schools and utilities; traffic impact using trip generation rates recognized by the Institute of Transportation Engineers (ITE) for an average day and peak hour of the affected roadways; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; description of how property could be developed under the regulations of the underlying district; preliminary architectural sketches; and estimated construction cost.

(Ord. No. 722, § 1, 1-22-24)

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 PUD.

a.

The uses proposed shall be consistent with the city's adopted master plan. Such uses must have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed must 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.

b.

Any waivers from the requirements or standards of the underlying zoning district or special use(s) in accordance with section 36-13.13, such as but not limited to density, lot sizes, setbacks, height limits, required facilities, buffers, open space, or permitted sign area, shall be reviewed and approved by the planning commission when it is determined that the waivers will accomplish the objectives identified in this Article and be consistent with the intent and purpose of the underlying zoning district.

c.

The number and dimensions of off-street parking shall be sufficient to meet the minimum required by article XIX, Off-street Parking and Loading Standards. However, where warranted by overlapping or shared parking arrangements, the planning commission may grant a waiver reducing the required number of parking spaces in accordance with section 36-19.02, General requirements.

d.

All streets and parking areas within the PUD shall meet the minimum construction and other requirements of city ordinances, unless modified by city council or planning commission, depending upon which body possesses jurisdiction under the City Code.

e.

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

f.

Sidewalks shall be provided in accordance with section 36-2.29, Sidewalks, bikepaths, and other pedestrian pathways.

g.

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. Plantings and other landscape features shall exceed the standards of article XXI, Landscape Standards and Tree Replacement.

h.

Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land, including EGLE regulated and nonregulated wetlands.

i.

Surface water shall be retained on the site wherever possible.

j.

The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the building official/zoning administrator.

k.

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

l.

Building design shall be of a high quality, exceeding the standards of section 36-2.20, Nonresidential design requirements.

(Ord. No. 722, § 1, 1-22-24)

The final PUD site plan shall include all the following information, unless the building official/zoning administrator or planning commission determines that some of the required information is not reasonably necessary for the consideration of the PUD:

a.

All information required for site plan submittal in accordance with section 36-16.05, Site plan submittal requirements.

b.

Any additional graphics or written materials requested by the planning commission to assist in determining the impacts of the proposed site plan, including, but not limited to, economic or market studies; impact on public utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.

c.

A proposed written development agreement specifying all the terms and understanding of the PUD development including:

1.

A survey of the acreage comprising the proposed PUD.

2.

All conditions upon which the PUD approval is based, with reference to the approved preliminary PUD plan and a description of all deviations from City regulations which have been requested and approved.

3.

The manner of ownership of the developed land.

4.

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

5.

Provisions assuring that those 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.

6.

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 city council.

7.

The cost of installing and maintaining all streets and the necessary utilities has been assured by a means satisfactory to the city council.

8.

Provisions to ensure adequate protection of natural features and assurance for replacement of any trees and woodlands.

9.

Any other concerns raised by the planning commission or city council regarding the construction and maintenance of the PUD.

10.

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

d.

A written draft of PUD design guidelines and development standards specific to the PUD as approved by the city council. Such document shall include provisions for site layout, access, vehicular and pedestrian circulation, parking, screening, building design and architecture, landscaping, open space, lighting, and signage. The design guidelines and development standards shall also include any waivers granted under this Article to the requirements or standards of the underlying zoning district or special use, such as but not limited to density, lot sizes, setbacks, height limits, required facilities, buffers, open space, and permitted sign area, and other similar dimensional standards.

(Ord. No. 722, § 1, 1-22-24)

The planning commission shall use the standards for approval of section 36-16.06, Standards for site plan approval, any PUD design guidelines specific to the PUD, and the preliminary PUD plan, in reviewing the final PUD site plan.

(Ord. No. 722, § 1, 1-22-24)

The planning commission may attach conditions to the final PUD site plan approval to meet the intent of this article and section 36-16.08, Conditions of site plan approval.

(Ord. No. 722, § 1, 1-22-24)

a.

Project commencement. Construction on the approved final PUD site plan, or for a phase thereof, shall be commenced and proceed in a reasonably diligent manner, within 12 months of final PUD site plan approval. If the PUD has not commenced and proceeded beyond site grading to include, at a minimum, installation of footings or foundations and underground utilities at the end of that 12-month period, then the final PUD site plan shall be invalid and void.

b.

Project completion. The approved final PUD site plan shall remain valid for a three-year period following the date of final PUD site plan approval, provided that the requirements of paragraph a. above are met.

c.

Extensions. The three-year period for project completion may be extended for one year, if applied for by the petitioner and granted by the planning commission in writing following public notice and a public hearing. Failure on the part of the owner to secure the written extension shall result in a stoppage of all construction.

(Ord. No. 722, § 1, 1-22-24)

a.

Deviations and amendments from an approval preliminary PUD plan shall be reviewed and approved by the planning commission in accordance with the objectives of this article.

b.

Deviations and amendments from the approved final PUD site plan shall be reviewed and approved by the planning commission in accordance with section 36-16.11, Deviations from approved site plan, as well as the objectives identified in section 36-13.01, Purpose and any applicable PUD design guidelines and preliminary PUD plan.

c.

Should the planning commission determine that the deviations or amendments to the preliminary PUD plan or final PUD site plan significantly alter the intent thereof, a new submittal illustrating the deviations or amendments shall be required and must be approved by the city council as a new preliminary PUD plan.

d.

Any amendment to PUD design guideline requirements established specifically for a PUD by city council shall be adopted by resolution of the city council, upon recommendation of the planning commission, and will not require amendment of this article of the zoning ordinance. Amendments to this document must be reviewed and approved in accordance with paragraph a. above.

e.

Any deviation from the approved preliminary PUD plan or final PUD site plan, except as authorized by this section shall be considered a violation of this article and treated as a misdemeanor. Further, any such deviation shall invalidate the PUD designation.

(Ord. No. 722, § 1, 1-22-24)

a.

Appeals and variances. No decision related to a PUD, including the approval or denial of a preliminary PUD plan or final PUD site plan or a decision to grant or deny a waiver, may be appealed to the zoning board of appeals, nor are waivers granted subject to variance approval or modification by the zoning board of appeals. Any departure from an approved final PUD site plan shall be permitted only as authorized in section 36-13.12, Deviations from approved preliminary PUD plan or approved final PUD site plan.

b.

Waivers. A waiver may be granted as part of an approval according to the provisions of this article for certain requirements and standards of the underlying zoning district or proposed special use upon the city council or planning commission's own discretion or written request by the applicant. The requirements or standards shall be applied to the maximum extent possible, but suitable alternatives that substantially achieve the purpose of this zoning ordinance may be accepted, if any, if the requirements or standards are deemed impractical or unreasonable. Any final approval of the city council or planning commission that provides for a relaxation of standards required by the underlying zoning district or this chapter is presumed to have been waived in accordance with this article.

(Ord. No. 722, § 1, 1-22-24)

All properties zoned as PUD under the zoning district classifications in place prior to the adoption of this chapter, or an amendment thereto, shall be treated as follows:

a.

Approved residential PUDs shall be rezoned to the appropriate residential district in conformance with their approved density. These and future such locations will be noted on the map as being approved PUD overlay zone districts. Any changes to the preliminary PUD plan and/or final site plans or revisions shall be regulated by this chapter.

b.

Approved preliminary PUD plans for mixed use PUDs shall be considered zoned as a mixed-use PUD in the Office Service District (OSD). The approved uses within such PUDs shall be in accordance with the approved locations of commercial, office, and residential uses as designated on the preliminary PUD plan.

c.

Any changes to the uses and/or their locations as approved on a mixed-use preliminary PUD plan shall meet section 36-13.07, Standards for approval for preliminary PUD plan. The applicant shall present graphics to illustrate the requested change, submit written materials documenting the need for the change and the adherence with the overall approved PUD concept, and submit updated copies of any traffic, environmental, or market studies which the planning commission or city staff consider necessary to review the impacts of the proposed change.

d.

All final PUD site plans or revisions to final PUD site plans for PUDs approved prior to the adoption of this chapter shall be regulated and reviewed in accordance with this article.

(Ord. No. 722, § 1, 1-22-24)