1. The final PUD plan for the Woodlawn Meadows Planned Unit Development is hereby amended as follows:
   1. Phases 2 and 3, consisting of approximately 9.28 acres of the PUD project site, are approved for use as a 32-unit single-family residential site condominium.
   2. The development shall occur as a single phase.
   3. The development shall include the extension of East Street as a private road.
2. The final PUD plan for amended Phases 2 and 3, has a last revision date of November 13, 2024, as prepared by Excel Engineering, Inc., and includes the conditionally approved preliminary site condominium plan.
3. The Development Requirements for the amended Phases 2 and 3 are as follows:
   1. The modified lots sizes (7700 sq ft – 18,000 sq ft) and lot widths (56 ft-66 ft) are approved as presented on the final PUD plan.
   2. The 25 ft front setback, 25 ft rear setback, and 15/6 ft side setbacks are approved as presented on the final PUD plan.
   3. The ‘zoning notes’ on the final PUD plan will reflect the R-1 District lot size/lot width and setback requirements.

1. This article provides 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 consideration and use of planned unit development regulations for the following purposes:
   1. To encourage the use of land in accordance with its character and adaptability.
   2. To promote the conservation of natural features and resources.
   3. To encourage innovation in land use planning and development.
   4. To promote the enhancement of housing, employment, shopping, traffic circulation, and recreational opportunities for the people of the city.
   5. To promote and ensure greater compatibility of design and use between neighboring properties.
   6. To provide for the regulation of legal land uses not otherwise authorized within this chapter.
2. 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 City of Hastings Master Plan, with modifications and departures from generally applicable site development requirements made in accordance with standards provided in this article may be permitted to achieve the intent of the article. A planned unit development must comply with this article.

(Code 1970, § 3.291; Ord. No. 352, § I, 7-22-02)

A planned unit development may be approved in any location within the city by the council. Any land use authorized in this article may be included in a planned unit development, as a principal or accessory use, as well as any other legal land use not otherwise authorized in this article, subject to adequate public health, safety and welfare protection mechanisms being designed into the development, and the following provisions of this article.

(Code 1970, § 3.292)

1. In order to be eligible for PUD rezoning, the proposed area shall consist of a minimum of one acre.
2. Public water and sanitary sewer shall be available to service the site.

(Code 1970, § 3.293; Ord. No. 367, § I, 4-28-03)

1. Density. The density in areas master plan for residential use shall be as follows:
   
   

   Master Plan Category (equivalent zoning district)	Permitted Maximum Density
   RR(RR), LDR(RS), MOD(R1), MED(R2)	6
   MFL(A2), MFH(A1), A/O(AO)	16

   In each case, the maximum density for residential uses shall be determined by the council after review by the planning commission based on the following standards. The residential uses shall:
   1. Be designed, constructed, and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.
   2. Be served adequately by essential public facilities and services, such as highways, streets, pedestrian ways, police and fire protection, drainage structures, refuse disposal, water and sewer.
   3. Not create excessive additional requirements at public cost for public facilities and services.
   4. Be developed in accordance with the intent for a PUD as contained in this article.
2. Dwelling unit computation. The density permitted by the council shall be applied to the net development area of the site in order to determine the maximum number of dwelling units permitted for the site. The net development area is determined by subtracting the following from the gross or total site area:
   1. Area within existing road rights-of-way.
   2. Land within the 100-year floodplain.
   3. Areas permanently inundated by water.
   4. Areas devoted to nonresidential uses.
3. Open space. Each PUD shall contain open space areas equal to minimum of ten percent of the total site area devoted to residential use. Such open space shall be maintained by the developer or homeowner's association and shall be set aside for the common use of the home or lot owners within the PUD with written assurances that the required open space shall remain open and be properly maintained. For purposes of this section, open space shall only be considered to be those areas having a minimum dimension 50 feet by 100 feet. Land in streets, sidewalks, and parking areas shall not be considered as open space.
4. Mixed uses.
   1. Residential and nonresidential uses may be permitted within the same PUD district upon demonstration to the city council that such uses meet the intent of this article and the standards of section 90-663(b). It shall also be demonstrated that the nonresidential uses will not negatively impact the residential uses and that the nonresidential uses will be separated and buffered from residential uses in a manner consistent with good land planning principles.
   2. The permitted density for residential uses in a mixed use development shall be determined by the council upon recommendation of the planning commission, based on the type of dwelling unit proposed and the standards contained in subsection (a) of this section.

(Code 1970, § 3.294; Ord. No. 352, § II, 7-22-02)

Requirements for lot size, width, area, yard setbacks, structure height, signs, parking landscaping, and general provisions for the PUD shall be based upon the applicable requirements of the Hastings Zoning District which corresponds to the proposed land use or the land use recommended by the Hastings Master Plan as follows:

The city council however, based upon a recommendation from the planning commission, may increase, decrease or otherwise modify any of these requirements if such modification would better satisfy the intent of the PUD chapter. Zoning district requirements not modified shall otherwise apply to the proposed use.

The ordinance authorizing the PUD must list those zoning ordinance requirements which are modified.

(Code 1970, § 3.295; Ord. No. 352, § III, 7-22-02)

A proposed PUD shall take into account the following specific design considerations, as they are necessary to ensure compliance with all applicable regulations and to ensure the compatibility of the project with adjoining properties and the general area in which the property is located:

1. Perimeter setbacks.
2. Street drainage and utility design with respect to location, availability, ownership and compatibility.
3. Underground installation of utilities.
4. Insulation of pedestrian ways from vehicular streets and ways.
5. Achievement of integrated and harmonious development with respect to signs, lighting, landscaping and construction materials.
6. Noise reduction and visual screening mechanisms for adjoining residential uses.
7. Ingress and egress to the property with respect to automotive and pedestrian safety and convenience, traffic flow and control, street capacity, and emergency access.
8. Off-street parking, loading, refuse and other service areas with respect to ingress and egress and the potential effects of noise, glare, vibration and odor emanating from such facilities on adjoining properties and uses.
9. Screening and buffering with respect to dimensions and character.
10. Yard areas and other open space.
11. Density and intensity of development expressed in terms of percentage of gross and net land area coverage and/or gross and net housing units per acre and the height of buildings and other structures.
12. The preservation of natural resources and natural features.

(Code 1970, § 3.296)

1. Effects. The granting of a PUD rezoning application shall require an amendment of this chapter and the zoning map constituting a part of this chapter. An approval granted under this article, including all aspects of the final plan and conditions imposed, shall constitute an inseparable part of this chapter.
2. Preapplication conference. Prior to the submission of an application for a PUD, the applicant shall meet with the director of public works, building inspector, and such consultants as either deems appropriate. The applicant shall present at such conference a sketch plan of the PUD and the following information:
   1. A legal description of the property in question;
   2. The total number of acres to be included in the project;
   3. A statement of the approximate number of residential units and/or the approximate number, type and square footage of nonresidential units;
   4. The approximate number of acres to be occupied and/or devoted to or by each type of use;
   5. Departures from the regulations of this chapter which may be requested;
   6. The number of acres to be preserved as open space or recreation space; and
   7. All known natural resources and natural features.
3. Preliminary development plan submission and content. Following the conference referred to in subsection (b) of this section, copies of a preliminary site development plan and application for a PUD rezoning request shall be submitted. The submission shall be made to the building inspector, who shall present it to the planning commission for consideration at a regular or special meeting. The plan shall be accompanied by an application form and fee as determined by the council in section 90-5. The preliminary development plan shall contain the following information unless specifically waived by the building inspector:
   1. Date, north arrow, and scale, which shall not be more than 1″ = 100′.
   2. Locational sketch of site in relation to surrounding area.
   3. Legal description of property.
   4. Size of parcel.
   5. All lot or property lines with dimensions.
   6. Location of all buildings within 100 feet of the property lines.
   7. Location of all existing and proposed structures on the site.
   8. Location and dimensions of all existing and proposed streets, driveways, parking areas, including total number of spaces and typical dimensions.
   9. Size and location of all areas devoted to open space.
   10. Existing vegetation and proposed landscaped areas and buffer strips.
   11. All areas within the 100-year floodplain, wetland areas or bodies of water.
   12. Existing topographical contours at a minimum of two-foot intervals.
   13. A narrative describing:
       1. The nature of the project.
       2. The proposed density, number and types of dwelling units if a residential PUD.
       3. A statement describing how the proposed project meets the objectives of the PUD.
       4. A statement from a registered professional engineer describing how the proposed project will be served by public water, sanitary sewer and storm drainage.
       5. Proof of ownership or legal interest in property.
4. Planning commission review of preliminary plan. The planning commission shall review the preliminary development plan and shall make reasonable inquiries of the applicant. This review shall take place within 30 days of receipt by the building inspector of all materials required in the application unless an extension is mutually agreed upon between the planning commission and the applicant. The planning commission shall review the preliminary development plan according to the provisions of sections 90-663 through 90-666 and transmit its recommendations for changes or modifications of the preliminary development plan to the applicant.
5. Final development plan. After receiving the recommendations of the planning commission, the applicant, within six months, shall submit the corrected plan to the building inspector. If the corrected plan is not submitted within this time period, the preliminary plan approval shall be voided and the applicant must recommence the review process. The planning commission may extend the time for submission of the final site plan upon a showing by the applicant that no material change in the plan has occurred or that failure to submit the final plan was beyond the control of the applicant.
6. Contents of final plan. The final development plan shall contain the same information required for the preliminary development plan and shall contain the following additional information as well as information specifically requested by the planning commission in its review of the preliminary development plan:
   1. Location and size of all water, sanitary sewer, and storm sewer lines serving the development.
   2. Proposed contour lines at not greater than two-foot intervals.
   3. Proposed landscaping, including type, number, and size of trees and shrubs.
   4. Location of signs and exterior lighting.
   5. Location of sidewalk, footpaths, or other pedestrian walkways.
   6. Distance of all buildings from lot lines, rights-of-way, and other principal buildings.
   7. Exterior architectural drawings noting building materials, height and area of buildings and accessory structures.
   8. Proposed phases of project.
   9. In the event the property on which the project is to be situated consists of three or more acres, the council may, after recommendation of the planning commission, require one or more of the following as part of final development plan submission:
      1. Evidence of market need for the use and economic feasibility of the project.
      2. A traffic impact assessment.
      3. An environmental impact assessment.
      4. A fiscal impact assessment.
7. Public hearing. The planning commission shall determine a date for and hold a public hearing for consideration of the PUD and final development plan. Notice of the hearing shall be as required in section 90-47.

(Code 1970, § 3.297; Ord. No. 321, 8-23-99; Ord. No. 407, § V, 8-28-06)

1. Following the public hearing, the planning commission shall either approve, deny, or approve with conditions the final development plan and make its recommendation to the council in accordance with section 90-5.
2. In making its recommendation, the planning commission shall find that the proposed PUD meets the intent of the PUD district and the following standards:
   1. Granting of the PUD rezoning 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. The proposed type and density of use shall not result in a material increase in the need for public services, facilities and utilities, and shall not place a material burden upon the subject or surrounding land or property owners and occupants or the natural environment.
   3. The uses proposed by the PUD are substantially consistent with the Hastings Master Plan or based on the design of the PUD and the conditions imposed, the proposed uses are appropriate for the proposed location and are not likely to lead to significant changes contained in the master plan for the area where the PUD is to be located.
   4. The proposed development shall not have a significant negative impact upon surrounding properties.
   5. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this article. This provision shall not prohibit a transfer of ownership or control upon due notice to the building director of the city.

(Code 1970, § 3.298; Ord. No. 352, § IV, 7-22-02)

1. In approving a PUD, the council may impose reasonable conditions which include but are not limited to conditions necessary to:
   1. Ensure 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; \
   2. Protect the natural environment and conserve natural resources and energy;
   3. Ensure compatibility with adjacent uses of land; and
   4. Promote the use of land in a socially and economically desirable manner.
2. Conditions imposed shall meet all of the following requirements.
   1. Be designed to protect natural resources, the health, safety, and welfare, and the social and economic well-being of those who will use the land use or activity under consideration, residents, and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
   2. Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.
   3. Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
3. The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the council and the landowner. The approving council shall maintain a record of conditions that are unchanged. The final development plan, as approved, shall act as a restriction upon the development. The development must conform with the final development plan.

(Code 1970, § 3.299)

1. After receiving the recommendation of the planning commission, the council shall hold a public hearing in accordance with section 90-47 herein and either approve, deny, or approve with conditions, the PUD application and final site plan in accordance with the requirements of subsection 90-5(d)(6) and the standards for approval and conditions for a PUD as contained in this article. A building permit shall not be issued until council approval of the PUD final development plan and rezoning.
2. Where provisions of Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.) shall apply, the applicant shall thereafter submit the information and plans as may be required by Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.) and all other local procedures or regulations pertaining to platting approval.

(Code 1970, § 3.299A; Ord. No. 500, § I, 8-26-13)

The council, after recommendation from the planning commission or at its own discretion, may require a performance bond or similar guarantee in accordance with section 90-133 in order to ensure the completion of required improvements.

(Code 1970, § 3.299B)

1. Phasing. If a project is proposed for construction in phases, the planning and design 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 PUD and the residents of the surrounding area. In addition, in developments that include residential and nonresidential uses, phasing shall base such 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 or final phase of nonresidential construction. The percentages shall be approximations and determined at the discretion of the council. The percentages may be significantly varied should the council determine that the applicant has presented adequate assurances that the residential components or components of the project shall be completed within a specified period.
2. Commencement and completion of construction. Construction shall be commenced within one year following final approval of a PUD 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. If construction is not commenced within such time, approval of the final plan for the project shall expire. An extension for a specified period may be granted by the council upon good cause shown if such request is made to the council prior to the expiration of the initial period. Moreover, if a final plan has expired, the council may rezone the property in any reasonable manner. If at the discretion of the council the property remains classified as PUD, prior to the commencement of construction, a new application shall be required and shall be reviewed in light of the then prevailing conditions and applicable law and ordinance provisions.

(Code 1970, § 3.299C)

The PUD amendment and all conditions imposed, if any, shall constitute the land use authorization for the property. All improvements and uses shall be in conformity with this article except for allowable changes according to the provisions of this article.

1. Date of approval of the PUD by the council.
2. Legal description of the property.
3. Legal description of the required open space along with a plan stating how this open space is to be maintained.
4. A statement that the property will be developed in accordance with the approved PUD site plan and any conditions imposed by the council unless an amendment thereto is duly approved by the city upon the request and/or approval of the applicant or applicant's transferees and/or assigns.

(Code 1970, § 3.299D; Ord. No. 352, § V, 7-22-02)

1. Minor changes to a PUD site plan may be approved administratively by the building inspector provided the changes comply with all applicable requirements of this chapter and all other city regulations or state law. Minor changes subject to administrative review include dimension changes, building relocation, parking and driveways, change in landscaping, signs, lighting, decrease in building size and increase in building size that does not exceed 5,000 square feet or five percent of the gross floor area, whichever is smaller.
2. A major change to an approved PUD shall comply with the filing procedures for a PUD as contained in this article. Major changes include but are not limited to increase in density or number of dwelling units, increase in land area or building size, except as noted above, or addition of other uses not authorized by the original PUD approval. The zoning administrator shall determine if other similar changes constitute a major amendment and may consult with the chair of the planning commission in making this decision.

(Code 1970, § 3.299E; Ord. No. 352, § VI, 7-22-02)

1. The application of Hanover Village Partners doing business as Meadow Stone Partnership, Inc., for the planned unit development ("the PUD") as recommended by the city planning commission on March 1, 1999, is approved; and the zoning map and this chapter are amended to incorporate the recommendation of the planning commission.
2. The application of Eenhoorn Management Group, for the planned unit development ("the PUD") as recommended by the city planning commission on June 4, 2001, is approved; and the zoning map and this chapter are amended to incorporate the recommendations of the planning commission.
3. The application of Meadowstone Apartments III, LLC for the modification of the Meadow Stone PUD as recommended by the Planning Commission on August 7, 2023, is approved and this chapter is amended to incorporate the recommendations of the Planning Commission. The address and description of the parcels are as follows:

710 Barfield Drive THAT PART OF THE NE 1/4, SECTION 20, T3N, R8W, CITY OF HASTINGS, BARRY COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE CENTER OF SECTION 20; THENCE N00*05 00W 145' FEET ALONG THE WEST LINE OF SAID NE 1/4 TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE N00*05'00"W 219' ALONG SAID WEST LINE; THENCE S70*30'00"E 120'; THENCE S38*02'37"E 46.09'; THENCE N89*49'26"E 92.44'; THENCE N63*18'38"E 115.49'; THENCE N30*51'50"E 68.56'; THENCE S63*06'00"E 81.84'; THENCE N26*54'00"E 115'; THENCE S63*06'00"E 74'; THENCE N26*54'00"E 187.48' TO THE SOUTH LINE OF BARFIELD DRIVE; THENCE S55*45'00"E 144' ALONG SAID SOUTH LINE; THENCE S21*49'15"W 310.28'; THENCE N63*06'00"W 269.25'; THENCE S63*18'38"W 197.84'; THENCE S00*10'34"E 116.05'; THENCE S89*49'26"W 235' TO THE PLACE OF BEGINNING.

and;

THAT PART OF THE NE 1/4, SECTION 20 T3N, R8W, CITY OF HASTINGS, BARRY COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE E 1/4 CORNER OF SECTION 20; THENCE S89,49'26"W 1508' ALONG THE SOUTH LINE OF SAID NE 1/4 TO THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE S89, 49'26"W 1141.71' ALONG SAID SOUTH LINE TO THE CENTER OF SECTION 20; THENCE N00,05'00"W 145' ALONG THE WEST LINE OF SAID NE 1/4; THENCE N89,49',26"E 235'; THENCE N00,10'34"W 116.05'; THENCE N63,18'38"E 197.84'; THENCE S63,06'00"E 269.25'; THENCE N21,49'15"E 310.28' TO THE SOUTH LINE OF BARFIELD DRIVE; THENCE S55,45'00"E 452.8' ALONG SAID SOUTH LINE; THENCE S00,10'34"E 258.53' ALONG THE WEST LINE OF MEADOWSTONE DUPLEX PLAT TO THE PLACE OF BEGINNING.

(Code 1970, § 3.299F; Ord. No. 315, 12-28-98; Ord. No. 317, 3-22-99; Ord. No. 336, § 1, 6-25-01)

1. The legal description for the area to be rezoned from D2, Industrial to PUD is as follows and is added to the legal description for the Meadow Stone PUD approved as Ordinance No. 315, effective December 28, 1998:
   Part of the NE ¼ of Section 20, T3N, R8W, City of Hastings, Barry County, Michigan, described as: Commencing at the NE corner of said Section 20; thence S 00 degrees 01 minutes 41 seconds E 1611.73 feet along the east line of said NE ¼; thence S 89 degrees 46 minutes 43 seconds W 330.00 feet to the place of beginning of this description; thence S 89 degrees 46 minutes 43 seconds W 330.00 feet; thence N 00 degrees 01 minutes 41 seconds E 643.50 feet; thence N 89 degrees 46 minutes 43 seconds E 330.00 feet along the north line of the S ½ of the NE ¼ of said section; thence S 00 degrees 01 minutes 41 seconds W 643.50 feet to the place of beginning (4.9 acres).
2. This legal description applies to land zoned to planned unit development from D-2, B-2 and R-R on April 22, 1991, under Ordinance No. 243. The above legal description is based on a certified survey dated March 7, 1994, and replaces the legal description adopted on April 22, 1991.

(Code 1970, § 3.299G; Ord. No. 315, 12-28-98; Ord. No. 317, 3-22-99; Ord. No. 336, §§ 2, 3, 6-25-01)

The amendments in this division include an expansion of the mobile home park portion of the Meadow Stone PUD to include a Phase III as noted in the legal description in section 90-697 above. This division also approves a change in the use of the area designated for duplex use by Ordinance No. 315 to mobile home park. This portion of the mobile home park shall be called Phase IV and is legally described as follows:

That part of the NE ¼, Section 20, T3N, R8W, City of Hastings, Barry County, Michigan, described as: Commencing at the E ¼ corner of Section 20; thence N 00 degrees 01 minutes 41 seconds W 15.00 feet along the East line of said NE ¼ to the PLACE OF BEGINNING of this description; then S 89 degrees 49 minutes 26 seconds W 357.99 feet; thence S 00 degrees 00 minutes 04 seconds E 15.00 feet to the South line of said NE ¼ and the North Line of Bur-Mar Estates No. 1 as recorded in Liber 5 of Plats on Page 63; thence S 89 degrees 49 minutes 26 seconds W 1150.00 feet along said North line of Bur-Mar Estates No. 1; thence N 00 degrees 10 minutes 34 seconds W 258.53 feet; thence N 55 degrees 45 minutes 00 seconds 268.31 feet; thence N 34 degrees 15.00 minutes E 66.00 feet; thence S 55 degrees 45 minutes 00 seconds E 327.00 feet; thence Southeasterly 280.60 feet along a 467.00 foot radius curve to the left, the chord of which bears S 72 degrees 57 minutes 47 seconds E 276.39 feet (delta = 34 degrees 25 minutes 34 seconds); thence N 89 degrees 49 minutes, 26 seconds E 498.78 feet; thence N 00 degrees 01 minutes 41 seconds W 129.71 feet along the West line of the East 660.00 feet of said NE ¼ of Section 20; thence N 89 degrees 46 minutes 43 seconds E 660.00 feet along the South line of the North 990.00 feet of the S ½ of said NE ¼; thence S 00 degrees 01 minutes 41 seconds E 313.23 feet along the East line of said NE ¼ to the place of beginning. Contains 9.452 acres.

(Ord. No. 336, § 3, 6-25-01)

Editor's note - Section 3 of Ord. No. 336, adopted June 25, 2001, enacted § 90-697. At the discretion of the editor said section has been redesignated as § 90-697.5 as set out herein, to better fit the format of the Code.

1. General provisions. The following provisions shall apply to the PUD:
   1. 1. The type and number of dwelling house units to be built shall be as follows:
         Multifamily 164 dwelling units (11 buildings)
      2. Prior to construction of any buildings or lots the applicant shall submit a subphase plan to the planning commission. This subphase plan shall be considered a final PUD plan for that subphase. Each such subphase plan shall be labeled as subphase A, B, C, etc.
      3. Each subphase plan shall be prepared in accordance with the requirements of this article. For the mobile home park, the subphase plan shall conform to the requirements of article VI, division 7 of this chapter except as modified by the planning commission and approved by the city council if necessary.
      4. The planning commission shall have the authority to modify the subphase plans as necessary in order to permit the subphase plans to be better coordinated into the overall PUD project. Any modifications shall be in accord with the intent for PUD's and PUD design considerations as contained in this article. The planning commission may waive such items as landscaping, screening and sidewalk construction until such time as the property is developed.
      5. All infrastructure construction associated with a subphase shall be complete and complete "as constructed" drawings shall be submitted to the city and approved prior to the issuance of occupancy permits for that subphase.
      6. A public road to be called Barfield Drive shall be constructed by the applicant between Hanover Street and Star School Road as shown on the final PUD site plan as part of Phase I. Another public street shall be constructed by the applicant running north from Barfield to Dibble Street on the north lot line of the site to provide future access to the adjacent property. These public streets shall contain sidewalks and shall be built to city specifications. Sidewalks shall be constructed prior to occupancy of apartment buildings, mobile homes, duplexes, and/or offices that are constructed in each subphase that is approved by the planning Commission. The remaining sidewalks along Barfield Drive and Dibble Streets included in Phase I of the original PUD (Barfield Drive from Station 0+00 Station 20+37 and Dibble Street from Station 0+00 to Station 2+59) shall be completed prior to the issuance of occupancy permits for any more than 130 mobile homes, 36 apartment units, or any of the duplex residential sites, except the sidewalk on the North side of Barfield between Hanover Street and Dibble will not be required to be completed until such time as development takes place on the adjacent property, occupancy permits contingent. The sidewalks along Barfield Drive included in Phase II of the original PUD (Barfield Drive from Station 20+37 to Star School Road) shall be constructed simultaneously with the construction of this Phase of Barfield Drive, except the sidewalks in the Meadow Stone Duplex Plat to be located along Barfield Drive will be completed at such time as each duplex is constructed. Occupancy permits shall not be granted for duplex units until sidewalks are constructed in compliance with this division, and the city standards for construction.
      7. All of Dibble Street and Barfield Drive shall be completed and accepted by the city prior to the issuance of occupancy permits for any more than 130 mobile homes, 36 apartment units, any of the duplex residential sites, or any commercial or other use within the PUD. Further, the applicant shall provide a performance bond or letter of credit in accordance with section 90-133 in order to ensure completion of the public roads. The amount of the bond or letter of credit shall be approved by the city attorney and accepted by the city council prior to any construction on the site.
      8. The house on the corner of South Hanover Street and Barfield Drive shall be removed prior to the city accepting any portion of Barfield Drive.
      9. Required carports as determined by the planning commission during site plan review shall be constructed for all existing apartments as of September 1, 1999, and constructed for all future apartments prior to an occupancy permit being approved.
      10. All parking lot areas and drives shall be finished for each phase prior to an occupancy permit being granted for additional subphases.
      11. The screening for existing dumpsters shall be modified to the satisfaction of the director of public services. All new dumpsters shall be screened and placed in areas where they do not create sight obstructions.
   2. In order to ensure that adequate emergency vehicle access is available to all parts of Phase I of the PUD, the applicant shall construct, simultaneously with the public streets, those private roads within the mobile home park which intersect with the public streets as well as a temporary emergency access drive as illustrated on the approved final PUD site plan. The construction of the temporary drive shall be acceptable to the city fire chief. Occupancy permits shall not be issued until this emergency vehicle street system is completed.
   3. Stormwater provisions as well as public water and sanitary sewer shall be built in accordance with the applicable regulations of the city. As necessary, the state department of transportation shall review and approve storm drainage plans.
   4. The city sanitary sewer system shall be determined by the director of public services to have adequate capacity to serve the PUD before necessary building permits are issued for each subphases site plan.
   5. Before any construction shall begin on the site, the director of public services shall receive written assurance from the state department of natural resources approving the wetland mitigation plan proposed by the applicant. The wetlands on the site shall also be marked in the field before any construction begins.
   6. The state department of transportation shall review and approve the intersection of Barfield Drive with Hanover Street prior to issuance of building permits.
   7. The state department of public health shall approve the provision of water and sanitary sewer before any building permits are issued.
2. Development standards.
   1. Mobile Home Park Phase III and IV:
      1. The site plan for Phase III dated May 18, 2001 and the site plan for Phase IV dated May 21, 2001 both as prepared by Exxel Engineering shall be revised according to the requirements of the director of public services. Three revised site plans shall then be signed by the director and shall serve as the approved final PUD site plan. One copy of the approved plan shall be retained by the director of public services, one provided to the city building inspector and one provided to the applicant.
      2. City sanitary sewer and water and all fees for hook-ups shall be provided in accordance with all city ordinances.
      3. Stormwater management provisions shall be subject to the approval of the director of public services.
      4. Building permits for dwellings shall not be issued until approval of each phase from the Michigan Mobile Home Commission has been provided to the city.
      5. For Phase III:
         1. All units shall be doublewides with attached garages optional as shown on the site plan dated May 18, 2001, prepared by Exxel Engineering.
         2. Landscaping shall be installed according to the criteria of section 90-698(b)(7) and section 90-366(e) of the Hastings Zoning Ordinance.
      6. For Phase IV:
         1. All units shall be doublewide with attached garages as illustrated on the site plan dated May 21, 2001, prepared by Exxel Engineering.
         2. A mix of single units or duplex units is permitted but the total number of units shall not exceed 33.
         3. The setback from Barfield Drive and Starr School Road shall be a minimum of 30 feet and the rear setback shall be a minimum of 35 feet.
         4. There shall be a minimum distance of 20 feet between dwellings including attached garages.
         5. Landscaping shall be installed along the north and south lot lines of Phase IV and along Starr School Road as may be approved by the director of public services and city manager. The purpose of the landscaping shall be to provide an adequate visual screen between Phase IV and dwellings on adjacent property and for the mobile homes along Starr School Road. Any plantings which die or are removed for some other reason shall be replaced by the applicant within six months of notification by city officials. The landscaping will be in place and acceptable by the city and approved by the city prior to the issuance of any occupancy permits for Phase IV of the Mobile Home Park.
         6. Sidewalks shall be installed along Barfield Drive to Starr School Road for each dwelling unit upon installation of the dwelling and prior to occupancy.
   2. The apartment portion of the PUD shall conform to the requirements of Article VI, Division 10 of this chapter, except that the requirements of subsection 90-452 (b) shall be waived to permit 24 units per building, requirements of 90-454 (c) shall be waived to permit a building height of 37 feet, requirements of 90-394 (g)(3) shall be waived to allow for a minimum of 567 square feet per dwelling unit and the exterior design standards for the buildings will conform to Article 90-VI, Division 90-VI-8, Section 90-394 (f)(1)(2)(3). Building “F” as identified on the site plan shall be mixed-use with office and community space on the first floor and residential units on the second and third floor. The site plan also includes a private dog park, athletic courts, and community gardens. Density for the apartments will increase from 13 units per acre to 14 units per acre. Utility and storm water management subject to approval by the DPS Director and emergency access subject to Fire Department approval.
   3. The retail buildings illustrated on the PUD plan shall conform to the requirements of article VI, divisions 12 and 13 of this chapter.
   4. The size of the office buildings shown on the approved PUD plan is approximate. Approval of the size of these office buildings is contingent upon parking spaces being provided as required by this Code. The size of each office building and the necessary parking shall be determined by the planning commission for each subphase site plan.
   5. Prior to the occupancy of those apartment buildings closest to the south lot line, the applicant shall transplant evergreen trees from the site to the south lot line to screen these apartment buildings from the single-family houses to the south. Final approval of the landscape plantings shall be subject to inspections by the director of public services, and no occupancy permits for those buildings will be issued until such approval is obtained.
   6. Each subphase site plan shall illustrate detailed landscaping to be installed subject to the approval of the planning commission. Each subphase site plan shall also note existing wooded areas that will be saved. Such areas shall be marked in the field to prevent destruction during construction.
   7. The driveway placement for the retail and office portion of the PUD shall be determined during each subphase site plan review.
   8. The director of public services shall determine the route of construction traffic to and through the site.
   9. Each phase and subphase plan shall adhere to the final PUD site plan approved by the city council. The final PUD site plan shall be stamped as approved, dated and signed by the director of public services. One copy shall be returned to the applicant, one copy shall be retained by the director of public services and one copy shall be kept by the city clerk/treasurer.
   10. The following provisions shall apply to the addition to the Meadowstone Planned Unit Development:
       
       1. 34 mobile home sites and related site improvements.
          
       2. Three open-space areas totaling 1.6 acres (69,000 sq. ft.)
          
       3. Extension of 24 ft. wide roadway system to City of Hastings specifications.
          
       4. Each mobile home site shall average 5,500 sq. ft. in area.
          
       5. 20 ft. setback from the mobile home park boundary and a 50 ft. setback from public road right of way is required.
          
       6. All utilities and lighting shall be designed, installed, operated, and maintained in accordance with the State of Michigan Mobile Home Commission regulations.
          
       7. All mobile home units shall be minimum of 720 sq. ft. in area, exclusive of garage or porch.
          
       8. Maximum building height will be 25 ft.
          
       9. Mobile home sites, installation, skirting, anchoring, and unit certification shall be in compliance with State of Michigan Mobile Home Commission regulations.
          

(Code 1970, § 3.299H; Ord. No. 315, 12-28-98; Ord. No. 317, 3-22-99; Ord. No. 336, § 4, 6-25-01)

This division shall take effect and shall be in full force from and after the date of its publication or 15 days from March 22, 1999, whichever is later.

(Code 1970, § 3.299I; Ord. No. 315, 12-28-98; Ord. No. 317, 3-22-99)

The application of Roger Patrick for the Patrick Planned Unit Development as recommended by the city planning commission on February 7, 2000, is approved; and the zoning map and this chapter are amended to incorporate the recommendations of the planning commission.

(Ord. No. 327, § I, 3-13-00)

The following described parcel is hereby rezoned by this ordinance from B-2, general business district for the eastern 170 feet of this parcel and from RS, suburban residential for the remainder of the parcel to planned unit development:

All of the land lying east of a line 20 feet from the ordinary high water mark of Fall Creek for the following described parcel:

The east 275 feet of Lot 19 of Supervisor Glasgow's addition to the City of Hastings, except beginning at the southeast corner of said Lot 19; thence north six rods; thence west eight rods; thence south six rods; thence east to the point of beginning. Property address 1530 South Hanover Street.

(Ord. No. 327, § II, 3-13-00)

1. Plan compliance. The development plan for the Patrick PUD shall comply in all respects with the final PUD site plan dated August 22, 2002, as approved by the city council.
2. Land uses. The development shall be constructed and used for four self-serve vehicle wash bays and two automatic vehicle wash bay. In addition, two self-storage mini warehouse buildings each measuring 20 feet wide by 140 feet long are permitted to be constructed to the west of the vehicle wash bays.
3. Site access. Ingress to and egress from the development shall be by way of one separate driveway extending off Hanover Street. Such driveways shall be approved by the state department of transportation and constructed in accordance with DOT regulations.
4. Utilities. The vehicle wash bays on site shall be served by public water and sanitary sewer as approved by the director of public services for the city. The waste entering the public sanitary sewer system from the wash bays shall also be approved by the director of public services.
5. Surface water drainage. Stormwater runoff shall be accommodated by means of catch basins and underground pipes and directed to a detention basin located directly south of the storage buildings as shown on the final development plan. The design of the detention basin shall be approved by the director of public services. Such detention basin shall be maintained at all times so it functions as approved and does not become a visual blight.
6. Soil erosion controls—Protection of Fall Creek. Before beginning construction on site, the applicant shall provide a soil erosion plan to the director of public services to demonstrate that Fall Creek will be protected from stormwater runoff and soil erosion both during and after construction.
7. Lighting. All lights illustrated on the site plan shall be fully shielded to direct light downward so as not to create a glare from off site.
8. Sidewalk. A sidewalk five feet wide constructed across the entire width of the property within the Hanover Street right-of-way shall be constructed prior to occupancy of any buildings on site.
9. Connection to adjacent property. Vehicle access to and from adjacent parcels shall be provided in order to reduce the need for vehicles to travel on Hanover Street to reach the development from adjacent parcels. Such access points shall be provided at the time the development is constructed or at such time that the adjacent parcels develop and are also required by the city planning commission to connect to the Patrick PUD. Once constructed the access points shall remain open at all times for vehicle access.
10. Deviations from underlying zoning districts. The following deviations from the B-2 and R-S zoning district regulations are specifically approved by this section.
    1. The use of this property for a mini warehouse, storage buildings and vehicle wash bays as illustrated on the site plan are specifically approved.
    2. A fence height of eight feet around the storage building and dumpsters is specifically approved.

(Ord. No. 327, § III, 3-13-00; Ord. No. 359; § 1, 10-28-02)

This division shall take effect and shall be in full force from the date of its publication in the Hastings Banner pursuant to the charter for the city.

(Ord. No. 327, § IV, 3-13-00)

The zoning ordinance of the city is hereby amended by rezoning the following described lands from the R1, one-family residential district to the PUD, planned unit development district, in accordance with the final development plan of the Woodlawn Meadows Retirement Village Planned Unit Development, subject to all of the terms and conditions of this division:

That part of the NW ¼, Section 8, T3N, R8W, City of Hastings, described as: Commencing at North ¼ corner of Section 8; thence South 500 feet along East line of said NW ¼ to the place of beginning. Thence South 1009.27 feet along said East line, thence North 88 degrees 28 minutes 45 seconds West 514 feet; thence North 550 feet; thence North 44 degrees 57 minutes 22 seconds West 168.61 feet; thence North 340 feet; thence South 88 degrees 45 minutes 47 seconds East 635 feet along the South line of the North 500 feet of said NW ¼ to the place of beginning. This parcel contains 13.00 acres.

(Ord. No. 337, § 1, 6-25-01)

The rezoning of the above-described lands to the PUD planned unit development district, in accordance with the final PUD plan of the Woodlawn Meadows planned unit development ("the development") is expressly subject to all of the following terms and conditions:

1. Development plan. The Woodlawn Meadows planned unit development shall comply in all respects with the final PUD plan of the development. The final development plan has a last revision date of May 23, 2001, as prepared by Exxel Engineering and also includes the landscape plan dated May 17, 2001, prepared by Johnson Newhof Associates, the application for planned unit development rezoning, the PUD narrative, architectural elevation drawings of the proposed buildings and other materials submitted with the application, except to the extent that any such materials may be inconsistent with this ordinance. The May 23, 2001, plan shall be revised as required by the director of public services according to the approval of the planning commission on June 4, 2001.
2. Three copies of the revised final PUD plan shall be signed by the director of public services, with one copy to the city building inspector, one to the applicant and one retained by the director of public services.
   In the case of conflicts or discrepancies between any part of the final development plan and the terms of this division, this division shall control.

(Ord. No. 337, § 2, 6-25-01)

1. The uses permitted within the Woodlawn Meadows PUD district are as listed in the applicant's PUD narrative and illustrated on the final PUD plan. The principal uses are as noted below:
   1. Two 20-unit one-story supportive care buildings (14,000 s.f. and 17,000 s.f.)
   2. Two 20-unit one-story specialized care buildings (15,000 s.f. each)
   3. One 24-unit two-story independent apartment building
   4. Twelve single-family condominiums (three buildings with four units each).
2. The development shall occur in three phases as illustrated on the final PUD plan.

(Ord. No. 337, § 3, 6-25-01)

1. The applicant shall construct North Street from its current terminus to East Street. Construction shall be to city specifications including the installation of any underground utilities as required by the city. The extension of North Street shall be completed and accepted by the city before occupancy permits are issued for buildings proposed in Phase I.
   The city council may require a bond or letter of credit in accordance with section 90-133 of the Hastings Zoning Ordinance in order to ensure completion of the extension of North Street.
2. The applicant shall construct public utilities (water and sanitary sewer) concurrent with their need for said public utilities or as otherwise stated below. If development on other parcels results in the need for early construction of the utilities, the applicant agrees to proceed as outlined below:
   Easements acceptable to the city shall be provided for all public utilities prior to the issuance of any occupancy permits for the project.
   Ultimately, public utilities shall be extended to the North Ridge Estates Subdivision and to the east project lot line as shown on the PUD final development plan dated May 23, 2001.
   All utilities shall be constructed to the north line of Phase 1 of the project as shown on the final development plan dated May 23, 2001, and accepted by the city prior to the issuance of any occupancy permits for any buildings located in Phase 1 of the project.
   If any buildings outside of the limits of Phase 1 of the project are constructed, all utilities shall be extended to the north line of Phase 2 of the project as shown on the final development plan dated May 23, 2001, and accepted by the city prior to the issuance of any occupancy permits for such buildings.
   All utilities on the project site shall be completed and accepted by the city prior to the issuance of any occupancy permits for the condominium units on the site.
   The applicant shall comply with the following in order to ensure the ability to extend the public utilities through the Woodlawn Meadows property if off-site properties develop creating the need for construction of the public utilities on the project site prior to on-site construction generating such need:
   If utilities need to be constructed to service off-site development, the applicant agrees to enter into and support a special assessment district to pay for the cost of such utilities. The city council shall determine the allowable term for repayment of any special assessment costs at the time the final role for the special assessment district is approved (pursuant to the requirements of the applicable sections of the Code of Ordinances).
3. The applicant shall provide an easement acceptable to the city from the west property line of the project (at the proposed extension of Calgary Drive in the North Ridge Estates Subdivision) to the north end of the principal service drive (the extension of North East Street) in the Woodlawn Meadows PUD. Within this easement, the applicant shall construct a lane for emergency vehicle access which shall be subject to the approval of the Hastings fire chief. This easement shall also be dedicated for the construction of public utilities needed to serve the North Ridge Estates Subdivision or another city-approved use for the North Ridge Estates property. This easement shall also contain a walking trail constructed by the applicant subject to the approval of the director of public services.
   The emergency access lane extending from the principal service drive to the proposed extension of Calgary Drive and the walking trail shall be installed and approved before occupancy permits are issued for buildings outside of Phase 1 of the project.
4. The 24-unit apartment building shall have at least two exterior walls of decorative masonry or brick extending at least half way up the vertical dimension of the wall from the established grade to the first floor ceiling. The remainder of the exterior shall be as illustrated on the building architectural drawings submitted by the applicant to the city.
5. The applicant shall comply with all city utility requirements including water and sewer hook up fees and with all stormwater provisions as required by the director of public services.
6. Landscaping as illustrated on the approved landscaping plan dated May 17, 2001, shall be installed within six months of occupancy permits for each phase. The landscaping shall be maintained and any trees which are dead or dying shall be replaced within six months of notification by the city.
7. Each phase of the PUD shall be developed so that it is capable of functioning independently of the subsequent phases. This means that if Phases 2 or 3 are not built as planned; the constructed phases shall have proper utilities, landscaping, roads and emergency vehicle access in accordance with city requirements and the approved final PUD site plan.

(Ord. No. 337, § 4, 6-25-01)

The city council hereby determines that the development complies with the provisions of the city zoning ordinance and promotes its intent and purpose. The council further finds that the development, upon construction and use in full compliance with all of the terms and provisions of this division and the city zoning ordinance, will be compatible with city master plan, adjacent uses of lands, the natural environment and the capacities of public services and facilities affected by the department. the city council further determines that the development will not have unreasonable economic impact on adjacent lands and will not change the essential character of the area.

(Ord. No. 337, § 5, 6-25-01)

1. The final PUD plan for the Woodlawn Meadows Planned Unit Development is hereby amended as follows:
   1. Phases 2 and 3, consisting of approximately 9.28 acres of the PUD project site, are approved for use as a 32-unit single-family residential site condominium.
   2. The development shall occur as a single phase.
   3. The development shall include the extension of East Street as a private road.
2. The final PUD plan for amended Phases 2 and 3, has a last revision date of November 13, 2024, as prepared by Excel Engineering, Inc., and includes the conditionally approved preliminary site condominium plan.
3. The Development Requirements for the amended Phases 2 and 3 are as follows:
   1. The modified lots sizes (7700 sq ft – 18,000 sq ft) and lot widths (56 ft-66 ft) are approved as presented on the final PUD plan.
   2. The 25 ft front setback, 25 ft rear setback, and 15/6 ft side setbacks are approved as presented on the final PUD plan.
   3. The ‘zoning notes’ on the final PUD plan will reflect the R-1 District lot size/lot width and setback requirements.

The zoning ordinance of the City of Hastings is hereby amended by rezoning the following described lands from the RR, Rural Residential District and the R1, One Family Residential District to the PUD, Planned Unit Development District, in accordance with the final development plan of the Hastings Pond Planned Unit Development, subject to all of the terms and conditions of this division:

CITY OF HASTINGS SW ¼ NE ¼ SEC 8, EX 2A IN SE COR, 20 RDS N & S BY 16 RDS E & W. ALSO EX 6A OFF THE W SIDE BEING 12 RDS E & W BY 80 RDS N & S. EX. COM AT THE SW CORNER OF THE SW ¼ NE ¼ SEC. 8-3N-8W, TH E 488 FT. TO P.O.B., TH N 338 FT., TH E 258 FT., TH S 338 FT., TH W 258 FT. TO P.O.B. ALSO EXCEPT COM AT SW COR SW ¼ NE ¼ SEC 8 T3N R8W TH E ALG E & W ¼ LN 198 FT TO POB: TH N 800 FT TH E 350 FT TH S 462 FT TH W 60 FT TH S 338 FT TO E & W ¼ LN TH W ALG SD LN 290 FT TO POB 24.04 ACRES

General Location: Northwest corner of Woodlawn Avenue and Bachman Road. This parcel contains 25 acres.

(Ord. No. 392, § 2, 3-14-05)

The rezoning of the above-described lands to the planned unit development district, in accordance with the final PUD plan of the Hastings Pond Planned Unit Development ("the development") is subject to all of the following terms and conditions:

The Hastings Pond Planned Unit Development shall comply in all respects with the final PUD plan of the development. The final development plan has a last revision date of November 15, 2004, as prepared by Gove Associates and also includes the application for planned unit development rezoning, the PUD narrative, architectural elevation drawings of the proposed buildings and other materials submitted with the application, except to the extent that any such materials may be inconsistent with this division. The November 15, 2004, plan shall be revised in accordance with the approval of the Hastings Planning Commission on December 6, 2004.

Three copies of the revised final development plan shall be signed by the city zoning administrator with one copy to the city building inspector, one to the applicant and one retained by the director of public services. In the case of conflicts or discrepancies between any part of the final development plan and the terms of this division, this division shall control.

(Ord. No. 392, § 3, 3-14-05)

Only the principal and accessory uses noted below shall be allowed in the Hastings Ponds PUD District:

1. Twenty-three single-family lots to be developed as a site condominium in accordance with article VIII of the Hastings Zoning Ordinance.
2. Six multifamily buildings with each building containing eight dwelling units.
3. One multifamily two-story building containing 38 dwellings to be occupied only by senior citizens as defined by MCL 37.203 the Elliott-Larson Civil Rights Act.
4. Buildings accessory to single-family dwellings shall comply with the applicable regulations of section 90-831 of the Hastings Zoning Ordinance for the RS zoning district. Buildings accessory to the multifamily buildings and senior apartment building shall comply with the applicable regulations of section 90-831 for the A-1 zoning district. Such uses shall be reviewed and approved by the director of public services provided all applicable requirements are met.

(Ord. No. 392, § 4, 3-14-05)

1. Street and access.
   1. The applicant shall construct a new portion of North Street extending from East Street to Bachman Road. Construction shall be in accordance with City of Hastings street and utility standards. The street shall be accepted by the City of Hastings before occupancy permits are issued for any buildings in the PUD.
   2. Ingress and egress shall be by way of a driveway from North Street extended and by one driveway each on Woodlawn Avenue and Bachman Road. All driveways must comply with the requirements of the director of public services.
   3. An easement for the future construction of a public road with public utilities shall be provided from the newly constructed North Street to the north boundary line of the PUD. This road right-of-way shall be located in the middle of the site condominium portion of the PUD. This right-of-way shall be dedicated to the city and illustrated on the site plan.
2. Utilities. The uses shall be served by public water and sanitary sewer as approved by the director of public services for the City of Hastings.
3. Surface water drainage. Stormwater runoff shall be accommodated by means of catch basins and underground pipes and directed to the existing pond as shown on the final development plan. The design of the pond and any outlet from the pond shall be approved by the director of public services. Oil and grease traps shall be provided within the catch basins. The applicant shall provide a maintenance agreement to the city regarding how the catch basins and pond will be maintained on a periodic basis to ensure their usefulness .
   The pond shall be maintained at all times so it functions as approved and does not become a visual blight. The city will have no responsibility for long-term maintenance of the pond. The property owner will have full responsibility for the pond.
4. Open space. The applicant shall provide an open space maintenance agreement to the city which shall describe the open space, who will own it and how such open space will be maintained. This document shall be first approved by the city and then recorded with the Barry County Register of Deeds. A copy of this recorded document shall be provided to the city before occupancy permits are issued for any buildings in the PUD. The open space within the site condominium portion of the PUD shall be centrally located so as to be accessible to the site condominium residents.
5. Sidewalks. Sidewalks built to city standards shall be provided for each site condominium lot along North Street at the time that the dwelling unit is constructed for each lot. In addition a sidewalk shall be provided along the access drive adjacent to Lot 8 of the site condominium portion extending to building #1 in the multifamily phase as shown on the approved final development plan. If all of the sidewalks required above are not built within five years of the date of approval of the final development plan the applicant shall construct the remaining un-built portions of the sidewalk.
   A sidewalk shall also be constructed along both sides of North Street from East Street to the west property line of the Hastings Pond PUD. This sidewalk shall be constructed concurrently with North Street.
   The applicant shall participate in any special assessment district which may be established for the construction of a sidewalk along Bachman Road.
6. Preservation of natural area. The existing tree line along the north property line shall be designated as preserved open space on the final development plan and shall be preserved insofar as practical. This area shall be fenced or otherwise physically setoff prior to any grading in order to ensure that this area is not disturbed during construction activities. Dead or diseased trees and branches may be removed within this area either by the applicant or the homeowner.
7. Landscaping. Landscaping shall be provided as illustrated on the approved landscaping plan. The proposed landscaping shall be installed as follows:
   1. The trees within the North Street right-of-way shall be planted in accordance with city standards following completion of North Street.
   2. Plantings on the perimeter of the PUD and along the common boundary between the site condominium portion and multifamily buildings #2, #3, and #4 shall be planted in conjunction with all other site improvements except buildings.
   3. All other plantings shall be provided with the construction of each building. The director of public services shall determine the extent of the required plantings prior to the issuance of a building permit.
      Existing trees and vegetation shall be preserved wherever practical.
8. Lighting. Any exterior lights shall have a cut-off type fixture except that street lights shall comply with the City of Hastings standards. The applicant shall provide a separate lighting plan as may be required by the director of public services.
9. Signs. Signs for the Hastings Pond PUD shall comply with all regulations of article XI of the Hastings Zoning Ordinance as are applicable to the use.
10. Uses and development regulations not specified. For all uses and development regulations not specified in this division, the applicable requirements of the RS zone as contained in the city zoning ordinance shall apply to the site condominium phase and for the senior and multifamily phase the applicable requirements of the A-1 zone shall apply.

(Ord. No. 392, § 5, 3-14-05)

The zoning ordinance of the City of Hastings is hereby amended by rezoning the following described lands from the R1-A One-Family Residential District to the PUD Planned Unit Development District, in accordance with the final development plan of the Bachman Fields Planned Unit Development, subject to all of the terms and conditions of this division:

The NW 1/4 of the NE 1/4 of Section 8, T3N, R8W, City of Hastings, Barry County, Michigan, excepting therefrom the South 220 feet of the East 165 feet thereof, subject to an easement for public highway purposes for Bachman Road, and any other easements or restrictions of record split/combined on 01/13/2017 from 55-135-001-00. General Location: Located along the west side of Bachman Road and addressed as 900 Bachman Road. This parcel contains approximately 38 acres.

The rezoning of the above-described lands to the PUD Planned Unit Development District, in accordance with the final development plan of the Bachman Fields Planned Unit Development ("the development") is expressly subject to all of the following terms and conditions:

1. Development plan. The Bachman Fields Planned Unit Development shall comply in all respects with the final PUD plan of the development. The final development plan has a last revision date of April 9, 2025, as prepared by Exxel Engineering, and also includes the site utility plan dated April 9, 2025; the site grading plan dated April 9, 2025; the landscape plan dated March 6, 2025; the application for planned unit development rezoning; the March 7, 2025 PUD project summary narrative; the sample portfolio of homes; and all other materials submitted with the application, except to the extent that any such materials may be inconsistent with this ordinance.
2. The final PUD plan of the development includes the conditionally approved preliminary site condominium plan.

1. The Bachman Fields PUD is approved for use as a 119-unit single-family residential site condominium.
2. The development shall occur in four phases as detailed in the project summary narrative and illustrated on the final PUD plan.

1. The modified lots sizes (6600 sq ft – 14,500 sq ft w/ 8290 avg lot size) and lot widths (60-75 ft) are approved as presented on the final PUD plan.
2. The modified setbacks (24 ft front setback, 20 ft rear setback, and 15/7.5 side setbacks) are approved as presented on the final PUD plan.
3. The connected pedestrian network consisting of concrete sidewalks along both sides of the streets and the open space ‘walking paths’ and 6 mid-block walkways are approved as presented on the final PUD plan.
4. The stormwater management plan, utility system (sewer/water) proposal and public street network shall be subject to City review/approval, per the approval of the Planning Commission on April 7, 2025.
5. The location, description, use/occupancy and maintenance provisions for all general and limited common elements shall be provided in the master deed for the project and shall be subject to City review/approval.
6. All approved PUD design elements shall be applicable to the site condominium design

The city council hereby determines that the development complies with the provisions of the city zoning ordinance and promotes its intent and purpose. The council further finds that the development, upon construction and use in full compliance with all of the terms and provisions of this division and the city zoning ordinance, will be compatible with city master plan, adjacent uses of lands, the natural environment and the capacities of public services and facilities affected by the department. the city council further determines that the development will not have unreasonable economic impact on adjacent lands and will not change the essential character of the area.