Garden City City Zoning Code
PLANNED DEVELOPMENT
PROCEDURES AND STANDARDS
§ 154.430 INTENT.
The procedures and standards in this subchapter are intended to provide a consistent and uniform method for review of planned development proposals. The planned development regulations are intended to provide design and regulatory flexibility so as to accomplish the objectives of this chapter, using innovative and effective planning. The review procedures and standards set forth in this subchapter are intended to ensure full compliance with the standards contained in this chapter, particularly §§ 154.330 through 154.336, and other applicable local ordinances, and state and federal laws. These regulations are further intended to achieve efficient use of land, to protect natural resources, and to prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the city and the applicant so as to facilitate development in accordance with the city’s land use objectives.
(Ord. 92-005, passed 2-17-92)
§ 154.431 AMENDMENT REQUIRED.
The approval of a Planned Development application shall require an amendment to the Zoning ordinance to revise the zoning map and designate the subject property as Planned Development. Approval granted under this subchapter, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendment.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999
§ 154.432 REVIEW PROCEDURES.
Planned Development applications shall be submitted in accordance with the following procedures and requirements, which provide for detailed review of Planned Development proposals by the Planning Commission, followed by review and approval by the City Council.
(A) Applicant eligibility. The application shall be submitted by the owner of an interest in land for which Planned Deve1opment approval is sought, or by the owner's designated agent. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the proposal may be tabled.
(B) Application forms and documentation. The application for Planned Development shall be made on the forms and according to the guidelines specified in the city's site plan manual, as provided by the Building Department.
(C) Site plan preparation. The site plan shall be prepared in the manner specified in this subchapter, in the city's site plan manual, and on the Planned Development application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.
(D) Submission of a completed plan. The Planned Development application materials, required fees, and sufficient copies of the completed site plan shall be submitted to the Building Department for review.
(E) Review by the city officials. The Zoning Administrator and other appropriate city officials shall review the site plan and application materials and prepare a written review, which shall specify any deficiencies in the site plan and make recommendations as appropriate.
(F) Submission of a revised plan and Planned Development application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the Zoning Administrator's review. The applicant shall then submit sufficient copies of the revised plan for further review by staff and the Planning Commission. Copies of the site plan and application shall also be transmitted to the City Council for information purposes.
(G) Planning Commission consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures.
(1) Acceptance for processing. The application shall be placed on the agenda of the next available scheduled Planning Commission workshop, and a public hearing shall be scheduled.
(2) Public hearing. The public hearing shall be scheduled in the same manner as required for Special Uses in § 154.416 of this chapter and the Michigan Zoning Enabling Act, Act 110 of 2006, as amended. The public hearing and notice required by the division shall be regarded as fulfilling the public hearing and notice requirements for amendment of this chapter. The Planning Commission and City Council may hold a joint public hearing on a Planned Development application if they so desire.
(3) Planning Commission review. Following the public hearing, the Planned Development proposal and plan shall be reviewed by the Planning Commission in relation to applicable standards and regulations and consistency with the intent and spirit of the Planned Development concept.
(4) Plan revision. If the Planning Commission determines that revisions are necessary to bring the Planned Development proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan. Following submission of a revised plan, the Planned Development proposal shall be placed on the agenda of the next available scheduled meeting of the Planning Commission for further review and possible action.
(H) Planning Commission determination. The Planning Commission shall review the application for Planned Development, together with the public hearing findings and reports and recommendations from the Building official, City Planner, City Engineer, Public Safety Officials, and other reviewing agencies. The Planning Commission shall then make a recommendation to the City Council based on the requirements and standards of this chapter. The Planning Commission may recommend approval, approval with conditions, or denial as follows.
(1) Approval. Upon determination by the Planning Commission that the final plan for Planned Development is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, the Planning Commission shall recommend approval.
(2) Approval with conditions.
(a) The Planning Commission may recommend that the City Council impose reasonable conditions with the approval of a Planned Development proposal, to the extent authorized by law, for the following purposes.
1. To insure that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development.
2. To protect the natural environment and conserve natural resources and energy.
3. To insure compatibility with adjacent uses of land.
4. To promote the use of land in a socially and economically desirable manner.
5. To protect the public health, safety, and welfare of the individuals in the development and those immediately adjacent, and the community as a whole.
6. To achieve the intent and purpose of this chapter.
(b) In the event that the Planned Development is approved subject to conditions, the conditions shall become a part of the record of approval, and shall be modified only as provided herein.
(3) Denial. Upon determination by the Planning Commission that a Planned Development proposal does not comply with the standards and regulations set forth in this chapter, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the city, the Planning Commission shall recommend denial. The Planning Commission shall prepare and transmit a report to the City Council stating its conclusions and recommendation, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.
(I) Submission of plan for City Council review. After the Planning Commission makes its recommendation, the applicant shall make any required revisions and submit sufficient copies of the revised site plan and supporting materials for City Council review.
(J) Public hearing. Upon receipt of a Planned Development plan and application, the City Council shall schedule a public hearing, unless a joint public hearing has already occurred, in accordance with division (G) of this section. The public hearing shall be scheduled in the same manner as required for Special Uses in § 154.416 of this chapter and the Michigan Zoning Enabling Act, Act 110 of 2006, as amended.
(K) City Council determination. The City Council shall make a determination based on review of the final plan together with the findings of the Planning Commission, and the reports and recommendation from the Building Official, City Planner, City Engineer, Public Safety Officials, and other reviewing agencies. Following completion of its review, the City Council shall approve, approve with conditions, or deny a Planned Development proposal in accordance with the guidelines described previously in divisions (H) of this section.
(L) Recording of Planning Commission and City Council action. Each action taken with respect to a Planned Development shall be duly recorded in the minutes of the Planning Commission or City Council, as appropriate. The grounds for the action taken shall also be recorded in the minutes.
(Ord. 92-005, passed 2-17-92; Am. Ord. 13-014, passed 9-9-13) Penalty, see § 154.999
§ 154.433 EFFECT OF APPROVAL.
Approval of a Planned Development proposal shall constitute an amendment to the Zoning ordinance. All improvements and use of the site shall be in conformity with the Planned Development amendment and any conditions imposed. Notice of the adoption of the amendment shall be published in accordance with the requirements set forth in § 154.006. The applicant shall record an affidavit with the Register of Deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved Planned Development unless an amendment is adopted by the City Council upon request by the applicant or his/her successors.
(Ord. 92-005, passed 2-17-92)
§ 154.434 ZONING BOARD OF APPEALS AUTHORITY.
The Zoning Board of Appeals shall not have the authority to consider an appeal of a decision by the City Council or Planning Commission concerning a Planned Development proposal.
(Ord. 92-005, passed 2-17-92)
§ 154.435 APPLICATION FOR BUILDING PERMIT.
Prior to issuance of a building permit, the applicant shall submit proof of the following.
(A) Final approval of the site plan and Planned Development application.
(B) Final approval of the engineering plans.
(C) Acquisition of all other applicable city, county, or state permits.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999
§ 154.436 EXPIRATION OF APPROVAL.
If construction has not commenced within 24 months of final approval, the approval becomes null and void and a new application for Planned Development shall be required. The City Council may grant a 12-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date. In the event that an approved Planned Development plan becomes null and void, the city shall initiate proceedings to amend the zoning classification of the site.
(Ord. 92-005, passed 2-17-92)
§ 154.437 PERFORMANCE GUARANTEE.
The Planning Commission or City Council may require that a performance guarantee be deposited with the city to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to landscaping, open space improvements, streets, lighting, and sidewalks. The performance guarantee shall comply with the requirements in § 154.036.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999
§ 154.438 REVISION OF APPROVED PLANS.
(A) General revisions. An approved Planned Development proposal and plan may be revised in accordance with the procedures set forth for approval of a new proposal.
(1) The proposed changes will not affect the initial basis on which initial approval was granted.
(2) The proposed minor changes will not adversely affect the overall Planned Development in light of the intent and purposes of the development as stated in § 154.330.
(3) The proposed changes will not affect the character or intensity of use, the general configuration of buildings and uses on the site, vehicular or pedestrian circulation, drainage patterns, or the demand for public services.
(4) Examples of minor changes include, but are not limited to the following.
(a) Additions or alteration to the landscape plan or landscape materials.
(b) Alterations to the internal parking layout of an off-street lot, provided that the total number of spaces does not change.
(c) Relocation of a trash receptacle.
(d) An increase in floor area of less than 20% of the initial total floor area up to 5,000 square feet.
(1) An overall plan for the planned development. The overall plan shall graphically represent the development concept, using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks, and typical layouts and elevations for each type of use. The overall plan shall clearly delineate each type of residential use; office, commercial and other nonresidential use; each type of open space; community facilities and public areas; and other types of land use.
(2) A map and written explanation of the relationship of the proposed Planned Development to the city's Master Plan.
(3) Information concerning traffic generated by the proposed Planned Development. Sufficient information shall be provided to allow the city to evaluate the impact of the proposed development on adjoining roads. Traffic-related information which is provided shall be estimates of the volume of traffic generated by each use, the peak hour volume of traffic expected to be generated by the proposed development, a schematic drawing indicating vehicular movement through the site, including anticipated turning movements, and measures being proposed to alleviate the impact of the development on the circulation system.
(4) Analysis of the fiscal impact of the proposed Planned Development on the city and the school district.
(5) Evidence of market need for the proposed use(s) and the feasibility of completing the project in its entirety. This requirement may be waived by the Planning Commission upon making the determination, based on existing evidence and knowledge about the local economy, that market support does exist for the proposed uses.
(6) Legal documentation of single ownership or control. The documentation shall be in the form of agreements, contracts, covenants, and deed restriction which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained at public expense will continue to be operated and maintained by the developers or their successors.
(7) A specific schedule of the intended development and construction details, including the phasing or timing of all proposed improvements.
(8) A draft of ownership and governance documents. These documents shall include the following.
(a) Deeds of ownership.
(b) Warranties guaranteeing ownership conveyed and described in the deeds.
(c) A list of covenants, conditions, and restrictions that are conditions of ownership upon the purchasers and owners in the Planned Development.
(d) Association by-laws (for example, condominium association by-laws) which describe how the association is organized; the duties of the association to operate, manage, and maintain common elements of the Planned Development; and the duties of individual shareholders to manage and maintain their own units.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999