The provisions of this article provide enabling authority and standards for the submission, review and approval of applications for planned unit developments. It is the intent of this article to authorize the use of planned unit development regulations for the purpose of: Encouraging the use of land in accordance with its character and adaptability; conserving natural resources and natural features and energy; encouraging innovation in land use planning; providing enhanced housing, employment, shopping, traffic circulation and recreational opportunities for the people of this city; and bringing about a greater compatibility of design and use between neighboring properties. The provisions of this article are not intended as a device for ignoring this chapter or the planning upon which it has been based. To that end, provisions of this article are intended to result in land use development substantially consistent with the underlying zoning, with modifications and departures from generally applicable requirements made in accordance with standards provided in this article to ensure appropriate, fair and consistent decision making.

(Code 1977, § 28-419; Ord. No. 23-QQ, 3-14-1988)

(a)

A parcel submitted for consideration as PUD shall be a minimum of 80 continuous acres.

(b)

A planned unit development may be approved in any location in the city, subject to review and approval as provided for in this article.

(c)

Any land use authorized in this chapter may be included in a planned unit development as a principal or accessory use, subject to adequate public health, safety and welfare protection mechanisms being designed into the development as provided in this article.

(d)

The applicant for a planned unit development must demonstrate as a condition to being entitled to planned unit development approval that:

(1)

Grant of the planned unit development will result in a recognizable and substantial benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

In relation to underlying zoning, the proposed type and density of use shall not result in an unreasonable increase in the use of public services, facilities and utilities, and shall not place an unreasonable burden upon the subject and/or surrounding land and/or property owners and occupants and/or the natural environment.

(3)

The proposed development shall not have a materially adverse impact upon the master land use plan of the city, and shall be consistent with the intent and spirit of this article.

(4)

In relation to underlying zoning, the proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

(5)

The proposed development shall contain at least as much as usable open space as would be required in this chapter in relation to the most dominant use in the development.

(6)

The proposed development shall be under single ownership and/or control such that there is a single person or entity having responsibility for completing the project in conformity with this article. The provision shall not prohibit a transfer of ownership and/or control, upon due notice to the planning commission and the city's building department.

(Code 1977, § 28-420; Ord. No. 23-QQ, 3-14-1988)

(a)

Residential uses shall be permitted with a maximum density of one times the units per gross acre authorized in the residential underlying zoning district in which the property is situated, which may be increased pursuant to subsection (d) of this section. For purpose of this calculation, gross acreage shall include all areas to be used for residential purposes, including off-street parking, and all open space devoted exclusively for residential use or for natural resource preservation. The density for residential uses in a nonresidential district shall be determined in the discretion of the city council consistent with the master plan, the standards contained in this chapter, and the impact such density would have upon water and sewer services, stormwater drainage, road capacity, traffic, parks and recreation, fire and police services, schools, character of the area, and any planned public and private improvements in the area.

(b)

In residential underlying zoning districts, nonresidential uses shall be permitted as part of a common planned unit development with a residential component to the extent the applicant demonstrates by expert analysis and the city council finds, in its discretion, that the nonresidential uses shall principally serve the persons residing in the residential units in the project. This restriction shall not apply in nonresidential underlying zoning district. Nonresidential uses, including, without limitation, parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles, provided it is recognized that this provision may have limited application to multi-use buildings.

(c)

Applicable regulations:

(1)

Subject to subsection (c)(2) of this section, all regulations applicable to lot size, lot width, lot coverage, parking and loading, general provisions, and to other requirements and facilities shall be as follows:

a.

Single-family detached residential uses shall meet the regulations applicable in the R-1 district.

b.

Single-family attached residential uses shall meet the regulations applicable in the R-2 district.

c.

Multiple-family residential uses shall meet the regulations applicable in the R-3 district.

d.

Commercial uses shall meet the regulations applicable in the C-2 district.

e.

Office uses shall meet the regulations applicable in the C-1 district.

f.

Industrial uses shall meet the regulations applicable in the M-1 or M-2 district.

g.

Mixed uses shall meet the regulations applicable to the most dominant use in the mix, with the determination relative to which uses constitutes the "dominant use" being determined in the discretion of the city council.

(2)

Consistent with the planned unit development concept, and toward the end of encouraging flexibility and creativity in development, departures from compliance with the regulations provided for in subsection (1) of this section may be granted in the discretion of the city council as part of the approval of a planned unit development. Such departures may be authorized on the condition that there are features or planning mechanisms deemed adequate by the city council designed into the project for the purpose of achieving the objectives intended to be accomplished with respect to each of the regulations from which a departure is sought.

(d)

An additional density increase of ten percent of dwelling units for residential uses may be allowed in the discretion of the city council based upon a demonstration by the applicant of design excellence in the planned unit development resulting in a substantial benefit to all or a significant portion of ultimate residential users of the project, including, without limitation, development of innovative design producing significant energy efficiency, pedestrian or vehicular safety, or a long-term aesthetically pleasing appearance. Such additional density authorization shall only be permitted if and to the extent that compliance can be maintained with the PUD regulations of section 44-806.

(e)

The development shall be designed so as to promote preservation of natural resources and natural features. In the interpretation of this provision, natural resources and natural features may be impaired or destroyed if it is in the public interest to do so. In determining whether action is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the protection and preservation of natural resources and natural features, and taking into account the provisions and standards of Act 127 of the Public Acts of 1970, as amended, of the Michigan Environmental Protection Act.

(f)

The city council shall take into account the following considerations, as the same may be relevant to a particular project and ensure compliance with all related applicable regulations: Perimeter setback and berming; thoroughfare, drainage and utility design; underground installation of utilities; insulating the pedestrian circulation system from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping and building materials; and noise reduction and visual screening mechanisms, particularly in cases where nonresidential uses adjoin off-site residentially zoned property.

(Code 1977, § 28-421; Ord. No. 23-QQ, 3-14-1988)

(a)

The grant of a planned unit development application shall require a rezoning (i.e., an amendment of the zoning map) so as to designate the property which is the subject to the application as planned unit development. Further, an approval granted under this article, including all aspects of the final plan, and conditions imposed, shall constitute an inseparable part of the rezoning amendment.

(b)

Prior to the submission of an application for planned unit development approval, the applicant shall meet with the city administrator, the chairman of the planning commission and the building inspector and director of the department of public works of the city, together with such consultants as either deem appropriate. The applicant shall present at such conference, at least a sketch plan of the proposed planned unit development, as well as the following information:

(1)

A legal description of the property in question; the total number of acres in the project;

(2)

A statement of the approximate number of residential units, if any, the approximate number and type of nonresidential units, and the approximate number of acres to be occupied by each type of use; the known deviations from the chapter regulations to be sought;

(3)

The number of acres to be preserved as open or recreational space; and

(4)

All known natural resources and natural features to be preserved.

(c)

Thereafter, seven copies of a preliminary plan, including preliminary site plan, conforming with section 44-809, shall be submitted within 90 days of the preapplication conference required in the immediately preceding subsection. Such submission shall be made to the city clerk on behalf of the planning commission, which shall present the same to the planning commission for consideration at a regular or special meeting.

(d)

The planning commission shall review the preliminary plan and shall be entitled to make reasonable inquiries of and receive answers from the applicant. Following review, the planning commission shall provide the applicant with written comments which shall be part of the official minutes of the planning commission. The action of the planning commission shall take place within 60 days of receipt of all materials required in the application, unless mutually agreed upon between the planning commission and the applicant.

(e)

The planning commission shall forward the preliminary plan, together with its written comments, to the city clerk, who shall notice the preliminary plan for a public hearing before the city council as provided by law. Within a reasonable time following the public hearing, the city council shall approve, approve with conditions or deny the preliminary plan. The effect of the approval or approval with conditions shall be to authorize the concept embodied in the preliminary plan, subject to submission, review and approval of the final plan as provided below. In reviewing the preliminary plan, the city council shall make a finding and determination with respect to compliance with the PUD regulations set forth in section 44-806 and generally review and determine whether the basic concept of the proposal is consistent with the intent and spirit of this article. Inasmuch as the specific details of a project plan are at the very essence of the concept of planned unit development, approval of the preliminary plan shall not constitute a final approval, and preliminary plan approval shall be subject to review and approval of the final plan as provided for in this article.

(f)

Within 12 months following receipt of preliminary plan approval, the applicant shall submit to the city clerk on behalf of the planning commission ten copies of a final plan, including final site plan, conforming with section 44-809. This plan shall constitute an application to rezone the parcel, and shall be noticed for public hearing before the planning commission and otherwise acted upon by the planning commission, the county and the city council as and to the extent provided by law. If the final plan has not been submitted within such period, the preliminary plan approval shall lapse and the applicant must recommence the review process, provided the city council may extend the time for submission of the final plan upon a showing by the applicant that no material change of circumstance has occurred.

(Code 1977, § 28-422; Ord. No. 23-QQ, 3-14-1988)

(a)

Preliminary plans. The preliminary plans shall include the following:

(1)

Applicant's name and address.

(2)

The name of the proposed development.

(3)

Common description of property and complete legal description.

(4)

Dimensions of land, width, length, acreage and frontage.

(5)

Existing zoning of the parcel involved and zoning of all adjacent properties.

(6)

Statement of intent of proposed use of land and any phasing of the project.

(7)

Name, address, city and phone number of firm.

(8)

Existing and proposed right-of-way width of all adjoining and internal roads, and layout of all internal roads.

(9)

Proposed acceleration, deceleration and passing lanes.

(10)

Location of existing drainage courses, floodplains, lakes, streams and wetlands.

(11)

Intention with respect to water and sewer.

(12)

All parking areas and number of spaces by size.

(13)

The number and location of areas to be preserved as open or recreational space.

(14)

All known natural resources and natural features to be preserved.

(15)

Density calculations, number and types of units (if applicable), and floor area per habitable space.

(16)

Fair representation of the development concept, including each type of use, square footage or acreage allocated to each use, approximate locations of each principal structure and use in the development, setbacks, typical layout and elevation for each type of use.

(17)

Specifications of each deviation from the applicable chapter regulations which will be sought to be approved, and the safeguards, features and/or planning mechanisms proposed to achieve the objectives intended to be accomplished by the regulations from which a deviation is being sought.

(18)

The planning commission and/or city council may require a topographical map if the size of the project and/or nature of the topography indicates that such document would be meaningful to the review.

(b)

Final site. The final site plans shall include the following:

(1)

All requirements for site plan review under article XXVII of this chapter.

(2)

A site plan showing the type, location and density of all uses.

(3)

All open spaces, including preserves, recreational areas and the like, and each purpose proposed for such areas.

(4)

Evidence of market need for the uses and economic feasibility of the project.

(5)

A separately delineated specification of all deviations from this chapter which would otherwise be applicable to the uses and development proposed in the absence of this article. This specification should include chapter provisions from which deviations are sought, and if the applicant elects to be governed by section 44-807(e), the reasons and mechanisms to be utilized for the protection of the public health, safety and welfare in lieu of the regulations from which deviations are sought shall be specified.

(6)

In the event the property on which the project is to be situated consists of 25 acres or more, a community impact statement shall be submitted as part of the application.

(7)

A detailed landscaping plan.

(8)

A specific schedule of the intended development and construction details, including phasing or timing, and the general improvements to constitute a part of the development, including, without limitation, lighting, signage, the mechanisms designed to reduce noise, utilities and visual screening features.

(Code 1977, § 28-423; Ord. No. 23-QQ, 3-14-1988)

The city council, after recommendation from the planning commission, may require reasonable performance guarantees, as authorized under the Michigan Zoning Enabling Act to ensure completion of improvements.

(Code 1977, § 28-424; Ord. No. 23-QQ, 3-14-1988)

Reasonable conditions may be required with the approval of a planned unit development, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent land uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety and welfare of individuals in the project and those immediately adjacent, and the community as a whole, shall be reasonably related to the purposes affected by the planned unit development, and shall be necessary to meet the intent and purpose of this article, and be related to the objective of ensuring compliance with the standards of this article. All conditions imposed shall be made a part of the record of the approved planned unit development.

(Code 1977, § 28-425; Ord. No. 23-QQ, 3-14-1988)

(a)

Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, phasing shall contemplate that at least 35 percent of all proposed residential units are completed concurrent with the first phase of any nonresidential construction; completion of at least 75 percent of all proposed residential construction prior to the second phase of nonresidential construction; and completion of 100 percent of all residential construction prior to the third phase of nonresidential construction. For purposes of carrying out this provision, the percentages shall be approximations as determined in the discretion of the city council, and further such percentages may be significantly varied should the city council determine, in its discretion, that the applicant has presented adequate and effective assurances that the residential component of the project shall be completed within the specified period.

(b)

Commencement and completion of construction. Construction shall be commenced within one year following final approval of a planned unit development, or within one year of any other necessary governmental approval for commencement of the project, whichever is later, provided all other necessary approvals have been actively pursued. Each phase of the project shall be commenced within one year of the schedule established for same in the application submitted for the planned unit development. If construction is not commenced within such time, any approval of the final plan for the project shall expire and be null and void, provided an extension for a specified period may be granted by the city council upon good cause shown if such request is made to the city council prior to the expiration of the initial period. Moreover, in the event a final plan has expired, the city council shall be authorized to rezone the property in any reasonable manner, and if the property remains classified as planned unit development, a new application shall be required and shall be reviewed in light of the then-existing and applicable law and chapter provisions.

(Code 1977, § 28-426; Ord. No. 23-QQ, 3-14-1988)

If and when approved, the planned unit development amendment, with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such amendment. The applicant shall record an affidavit with the Wayne County Register of Deeds containing the legal description of the entire project, specifying the date of approval of the planned unit development, and declaring that all future development of the planned unit development property has been authorized and required to be carried out in accordance with the approved planned unit development unless an amendment thereto is duly adopted by the city council upon the request and/or approval of the applicant, or applicant's transferees and/or assigns.

(Code 1977, § 28-427; Ord. No. 23-QQ, 3-14-1988)

There shall be an advance payment of fees at the time of the presubmission conference held pursuant to section 44-808(b), and at the time of filing of the preliminary plan and final plan, pursuant to sections 44-808(c) and (f), respectively. The amount of such fees shall be established by the city council by ordinance or resolution.

(Code 1977, § 28-428; Ord. No. 23-QQ, 3-14-1988)