The zoning ordinance of the City of Hastings is hereby amended by rezoning the following described lands from the R2, one family residential district to the PUD, planned unit development district, in accordance with the requirements of the final development plan for the Riverwalk Planned Unit Development District subject to all of the terms and conditions of this ordinance: Lots 42 through 55 inclusive of the Jones and Taffee addition.

(Ord. No. 408, § 2, 10-23-06)

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

1. Special assessment district for paving of Taffee Drive. The applicant agrees to participate in a special assessment district (SAD) to provide for the paving of Taffee Drive from High Street to the proposed Riverwalk Drive. The applicant has agreed to contribute $20,000.00 to the paving of Taffee Drive. The city shall undertake the process to establish the SAD as soon as is practical following approval of this section. Approval of the Riverwalk PUD ordinance is contingent upon the approval of the SAD or other approved alternative method to pay for the paving of Taffee Drive If the SAD for the paving of Taffee Drive or other alternative method is not approved the Riverwalk PUD ordinance and final site plan shall be invalid and the rezoning shall not become effective. If the SAD or other method is approved the city shall cause Taffee Drive to be paved in accordance with the City of Hastings street construction standards including sidewalks on both sides of Taffee Drive and shall utilize the $20,000.00 provided by the applicant.
   Building permits for the dwellings allowed in the Riverwalk PUD may be issued provided there is compliance with the requirements of the Riverwalk Ordinance and all other applicable city requirements. Occupancy permits for such dwellings shall not be issued until the paving of Taffee Drive is approved by the director of public services.
2. Final PUD plan. The Riverwalk 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 September 8, 2006, as prepared by DCI engineering 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 ordinance. The September 8, 2006 plan shall be revised in accordance with the approval of the Hastings Planning Commission on October 2, 2006.
   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 section, this section shall control.
3. Abandonment of Thorn Street. The applicant shall apply to the Hastings City Council to formerly abandon Thorn Street. The abandonment must be approved before the issuance of any building permits.

(Ord. No. 408, § 3, 10-23-06)

1. Only the principal and accessory uses noted below shall be allowed in the Riverwalk PUD District:
   1. A maximum of 20 dwelling units shall be developed as attached condominiums as shown on the final site plan.
   2. Buildings accessory to the multi-family buildings shall comply with the applicable regulations of section 90-831(a) 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. 408, § 4, 10-23-06)

1. Street and access.
   1. The applicant shall construct and maintain a private drive to be called Riverwalk Street as shown on the plan. Construction shall be in accordance with City of Hastings street and utility standards except that the width shall be a minimum of 25 feet.
   2. A 20-foot wide emergency access drive consisting of six inches of gravel shall be constructed from the west end of Riverwalk Street south and then east along abandoned Young Street to connect to Taffee Drive. This access drive shall be signed as such and the sign and access drive approved by the director of public services before it is constructed. This access drive shall be completed before the issuance of any occupancy permits.
2. Setbacks. Buildings in the Riverwalk PUD shall comply with the following minimum setbacks:
   1. 25 feet from the edge of the Riverwalk Street pavement;
   2. 25 feet from the north property line; and,
   3. 15 feet from the Taffee Street right-of-way line.
3. 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.
4. Surface water drainage. Stormwater runoff shall be accommodated by means of catch basins and underground pipes and directed to a detention basin 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 will be maintained on a periodic basis to ensure their usefulness. The detention basin shall be maintained at all times so it functions as approved and does not become a visual blight.
5. 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.
6. Sidewalks. Sidewalks built to city standards shall be constructed along both sides of Riverwalk Street in conjunction with the construction of Riverwalk Street.
7. 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. Placement of the fence shall be subject to the approval of the director of public services. Dead or diseased trees and branches may be removed within this area either by the applicant or the homeowners association.
8. Landscaping. Landscaping shall be provided as illustrated on the approved landscaping plan. The proposed landscaping shall be installed as follows:
   1. A landscape plan for planting on the east side of building "A" shall be submitted to the director of public services who shall determine the extent of the required plantings prior to the issuance of a building permit.
   2. The director of public services shall inspect the existing vegetation along the north lot line and determine if additional plantings are to be required in order to provide an effective buffer for the single-family dwellings along High Street. The number of required plantings shall be based on the landscape requirements of section 90-1007 to section 90-1010 of the Hastings Zoning Ordinance. Existing trees and vegetation shall be preserved wherever practical.
9. Floodplain. The 100-year floodplain shall be staked or fenced in the field prior to construction to insure that no excavation takes place within the 100-year floodplain.
10. Lighting. Exterior lights shall comply with the lighting as illustrated on the plan and as stipulated by the applicant in his application.
11. Signs. Signs for the Riverwalk PUD shall comply with all regulations of article 11 of the Hastings Zoning Ordinance as are applicable to the use.
12. Decks. Any decks constructed on the rear of building A shall not extend more than ten feet from the building. For buildings B and C decks on the rear of these buildings shall not be allowed although slabs or patios at ground level are permitted. Decks for buildings D, E and F are permitted on the rear of the buildings subject to any applicable city or State of Michigan regulations regarding construction in the 100-year floodplain.
13. For all uses and development regulations not specified in this section, the applicable requirements of the A-1 zone as contained in the City of Hastings Zoning Ordinance shall apply.

(Ord. No. 408, § 5, 10-23-06)

The city council hereby determines that the final site plan and PUD zone for the Riverwalk project complies with the provisions of the Hastings Zoning Ordinance and promotes its intent and purposes. The council also finds that granting the PUD rezoning will result in a recognizable and substantial benefit to the users of the project and to the community and that 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.

The council further finds that based on the design of the PUD, the proposed use is appropriate for the proposed location and is not likely to lead to a significant change in the uses master planned in the area adjacent to the Riverwalk PUD. Also the proposed development will not have a significant negative impact on the surrounding area and that there is a single person responsible for completing the project in conformity with this article.

(Ord. No. 408, § 6, 10-23-06)