The purpose of this section is to offer design flexibility and coordinated development consistent for certain sites to meet the objectives of the city of Kentwood as listed herein. Six types of PUD zoning designations are provided: Single-family residential, high density residential, commercial, mixed use, office, and industrial. The submittal requirements and standards of this section are intended to guide preparation of submittals and serve as the basis for the evaluation by the Planning Commission and the city commission. The standards are based on the following objectives:

A.

Encourage use of land in accordance with its character and adaptability through allowance of innovative and creative design solutions not permitted under conventional zoning;

B.

Allow design flexibility that benefits the community and the environment and results in a better overall project than would be permitted under conventional zoning;

C.

Create a package of amenities not typically achieved with conventional zoning, such as usable open space, preservation of key natural or historic resources, improvements to public roads or facilities, pathways, natural stormwater systems, more extensive landscaping, consistent and coordinated site design details among various projects (lighting, signs, building design, etc.), and high quality architectural design or materials;

D.

Create a complementary mixture of housing types within a project that is consistent with the overall character of the area;

E.

Ensure compatibility of design and use between various uses within the PUD and with neighboring properties; and

F.

Encourage the use, redevelopment and improvement of existing sites.

The following provisions shall apply to all planned unit developments:

A.

Coordination.

1.

A planned unit development submitted by an applicant shall be under the control of one owner or unified group of owners and shall be capable of being planned and developed as one integral unit.

2.

A PUD initiated by the city shall be capable of being developed in a coordinated manner. If a PUD is approved, the requirements shall be transferred to all future owners, and any changes shall require approval of both the city and the affected landowners within the PUD.

B.

A PUD zoning classification may be initiated by the city or property owner(s).

C.

The following minimum project sizes shall apply

1.

RPUD-1 Attached Residential: Five acres

2.

RPUD-2 Detached Residential: Five acres

3.

Commercial PUD: Five acres

4.

Mix Use PUD: Five acres

5.

Office PUD: Five acres

6.

Industrial PUD: Ten acres

D.

All land included in a PUD application shall be contiguous.

E.

The site shall be served by public sanitary sewer and water systems.

F.

The application shall demonstrate the project will result in recognizable and substantial benefits to the residents or occupants of the site, visitors to the site, adjacent properties and the city in contrast to development permitted under conventional zoning. The applicant must provide compelling evidence that demonstrates these benefits through drawings, reports or other submittals that contrast development under conventional zoning with the design and uses proposed. Such benefits can be provided from amongst the following:

1.

Transition areas from adjacent land uses.

2.

High quality architectural design and materials, with clear guidelines that must be met with future site plan submittals.

3.

Extensive landscaping and preservation of quality woodlands or trees.

4.

Assured preservation of unique natural or historic site features, or viewsheds.

5.

Greenways that link to adjacent greenway corridors.

6.

Unified access and circulation that reduces the number of driveways.

7.

Provision of open space and social space.

8.

Provision of extensive pathway systems through the project.

9.

Provision of recreational facilities, such as playground equipment and courts.

10.

Use or enhancement of natural systems for stormwater detention.

11.

More extensive setbacks or buffering between development and water features.

12.

Coordinated site design elements such as lighting, signs and greenbelt design.

13.

Coordinated development of several small parcels.

14.

Design improvements (public and/or private) to mitigate traffic impacts, as demonstrated through a traffic impact study.

15.

Elimination of nonconforming situations.

16.

Removal or renovation of blighted buildings or remediation of contamination as documented through a phase I and phase II environmental site assessment and a baseline environmental assessment.

(Ord. No. 9-21, § 4, 11-16-2021)

Residential development under this category shall promote the high-quality character of the community and contribute to the variety of housing options for City residents. To ensure RPUD-1 projects meet this intent and the described intent of the PUD designation, the following design requirements shall apply in addition to all other regulations set forth in this Ordinance.

A.

Permitted uses. The following uses shall be permitted within an RPUD-1 development:

1.

Any permitted use in the R-3 or R-4 districts.

2.

Golf courses, tennis clubs and athletic clubs, when combined with any residential use.

3.

Any permitted use within C-2 commercial district except regulated uses as described in section 3.26 when integrated into the residential development; however, it is further required that the gross area designated for commercial uses including parking, accessways and yards or open space shall not exceed five percent of the gross site area of a PUD. In addition no use provided for in this subsection shall be constructed until not less than 30 percent of the dwelling units proposed in the development have been completed.

4.

State licensed adult and child care facilities in accordance with section 3.20.

B.

Special land uses. Special land uses as provided in the R-3 or R-4 districts may be permitted by obtaining special land use approval when all applicable standards as cited in chapter 15 and elsewhere are met.

C.

Development requirements.

1.

Density. Allowable density for the RPUD-1 district shall be dictated by the city's master plan and shall be determined by the Planning Commission at the preliminary PUD plan stage. Net density shall be consistent with the definition in chapter 2 except that up to 25 percent of the acreage of preserved floodplain may be computed in the PUD zones.

2.

Minimum lot area. Lot sizes within this PUD district shall not be varied or reduced in area below the following standards:

a.

Single-family detached dwellings, 6,500 square feet of lot area.

b.

Two-family dwellings, 8,500 square feet of lot area.

c.

Townhouses or other similar permitted single-family attached dwelling types, 6,500 feet of lot area for the first dwelling unit in each structure plus 2,000 square feet for each additional dwelling unit within a structure.

d.

For multiple-family dwelling structures the first dwelling unit shall have a minimum of 4,000 square feet of lot area and each additional unit shall require a minimum additional 2,250 square feet of lot area.

3.

Minimum setback and building spacing requirements. Setbacks within this PUD district shall not be varied or reduced below the following standards:

a.

Front yard, 20 feet for all dwellings.

b.

Side yard:

(1)

For all one- and two-family dwellings. Five feet minimum side yard, with no less than 12 feet of combined side yards per lot. The side yard on the street side of any lot shall be a minimum of 20 feet. Zero lot line units must provide at least a 20-foot side yard on one side of the unit.

(2)

Townhouses or apartments. No side yard is required, provided that there shall be a minimum of 20 feet between ends of contiguous groups of dwelling units.

(3)

For all dwellings. Side yard setbacks may be increased by the Planning Commission after consideration of the design relationship between individual lots, buildings, streets, parking areas, and the land.

c.

Rear yard. 30 feet for all dwellings, provided that rear yard requirements may be varied by the Planning Commission after consideration of common open space areas or parks which abut the rear yard.

d.

Perimeter setback. The following yard requirements at exterior boundaries of the PUD shall be required. Front yard, 40 feet; side yard, 15 feet, provided that on the street side of a corner lot a minimum of 25 feet shall be provided; rear yard, 35 feet.

4.

Minimum floor area. The minimum required floor area shall be provided in the following amounts:

a.

Single-family detached. Each dwelling unit shall have a minimum finished living area of 950 square feet of floor area per dwelling unit with a minimum of 624 square feet on the main floor for units of more than one story.

b.

Attached single-family including two family and townhouses. Each dwelling unit shall have a minimum finished living area of 850 square feet per dwelling unit with a minimum of 600 square feet on the main floor for units of more than one story.

c.

Multiple family dwellings:

(1)

Efficiency—375 square feet.

(2)

One bedroom—600 square feet.

(3)

Two bedrooms—780 square feet.

(4)

Three bedrooms—940 square feet plus an additional 80 square feet for each bedroom in excess of three bedrooms.

5.

Minimum open space. A minimum 25 percent of the site shall be provided as common open space that meets the standards of section 12.10N.

6.

Building height and architectural guidelines. Multiple family structures shall provide distinct and prominent architectural features that create a positive visual impression. Walls facing the street shall include windows, entrances to the units, porches, and other architectural features customarily found on the front facade of a residential structure. The city may require architectural diversity between various areas, or between adjacent single-family or two-family buildings. Architectural diversity may include: recessing garages behind or in line with the living area; provision of front porches extending across a portion of the living area; varied texture of building materials including brick and other natural materials; restricted use of privacy fencing; and restricted use and location of accessory buildings. The height of buildings within the PUD shall be determined by the use. Single-family detached uses shall be limited to the R1-A height requirements, all other residential uses shall be limited to the R-4 height requirements and commercial retail or office uses shall be limited to the commercial/office district height requirements.

7.

[Consistency of materials.] Sign types and materials shall be consistent with the overall architectural design of the PUD. Signs for uses or buildings located in the PUD shall be subject to the sign limitations allowed for uses or buildings of a similar type built in the respective zoning districts, as determined by the Zoning Administrator.

8.

[Parking requirements.] Parking for uses or buildings located in the PUD shall be subject to the parking requirements for uses or buildings of a similar type built in the respective zoning districts, as determined by the Zoning Administrator. In addition, the minimum off street parking spaces for single family detached housing shall include a garage to accommodate at least two vehicles.

9.

For accessory structures, the size and location requirements may be varied from those specified in sections 3.15 and 3.16.

D.

[Extraordinary circumstances.] Subject to the provisions of this section, the city commission, after recommendation by the Planning Commission, shall have the power to waive or alter the specific provisions of sections 12.02.C, 12.02.D and 12.03.C only in cases where there is evidence that all of the following conditions are met:

1.

The waiver or alteration will not be detrimental to adjacent property and the surrounding neighborhood.

2.

The granting of the waiver or alteration will better serve to achieve the Intent and Purpose of the PUD as described in Section 12.01.

(Ord. No. 7-03, § 9(12.03), 4-1-2003; Ord. No. 5-04, § 5, 5-2-2004; Ord. No. 11-05, § 6, 7-17-2005; Ord. No. 15-06, § 3, 10-20-2006; Ord. No. 11-08, §§ 7, 8, 8-29-2008; Ord. No. 16-18, § 6, 11-20-2018; Ord. No. 1-21, § 5, 3-22-2021, eff. 4-1-2021; Ord. No. 9-21, § 5, 11-16-2021)

Residential development under this category shall promote the high-quality character of the community and contribute to the variety of detached housing options for City residents. To ensure RPUD-2 projects meet this intent and the described intent of the PUD designation, the following design requirements shall apply in addition to all other regulations set forth in this Ordinance.

A.

Density. The number of dwelling units allowed shall be determined through the alternative, conventional plan as described in section 12.09G and in accordance with the city land use plan of the city's master plan. Net density shall be consistent with the definition in chapter 2 and may include up to 25 percent of the acreage of preserved floodplain.

B.

Permitted uses. The following uses of land and structures may be permitted within a single family detached PUD when the standards of this section and other applicable standards are met.

1.

Any permitted use in the R1-C and D districts.

2.

Golf courses, tennis clubs and athletic clubs when combined with a residential use.

C.

Special land uses. Special approval uses in the R1-C, D districts may be permitted by obtaining special land use approval when all applicable standards as cited in chapter 15 are met.

D.

Development requirements:

1.

Minimum lot area. The minimum lot areas for the development shall not be less than 6,500 square feet.

2.

Minimum lot dimensions and setbacks. Lot dimensions, including width, setbacks and yard requirements shall not be varied or reduced below the following standards:

a.

Front yard: 20 feet.

b.

Side yard: Five feet minimum side yard, with no less than 12 feet of combined side yards per lot. The side yard on the street side of any lot shall be a minimum of 20 feet. Zero lot line units must provide at least a 20-foot side yard on one side of the unit. Side yard setbacks may be increased by the Planning Commission after consideration of the design relationship between individual lots, buildings, streets, parking areas, and the land.

c.

Rear yard: Thirty feet; provided that rear yard requirements may be varied by the Planning Commission after consideration of common open space areas or parks which abut the rear yard.

3.

Minimum living area. Each dwelling unit shall have a minimum finished living area of 950 square feet of floor area, with a minimum of 624 square feet on the main floor.

4.

Minimum open space. A minimum 25 percent of the site shall be provided as common open space that meets the standards of section 12.10N.

5.

Building height and architectural guidelines. The city may require architectural diversity between adjacent single-family buildings. Architectural diversity may include: recessing garages behind or in line with the living area; provision of front porches extending across a portion of the living area; varied texture of building materials including brick and other natural materials; restricted use of privacy fencing; and restricted use and location of accessory buildings. The height of buildings shall be limited to the R1-A height requirements.

6.

[Consistency of materials.] Sign types and materials shall be consistent with the overall architectural design of the PUD. Signs for uses or buildings located in the PUD shall be subject to the sign limitations allowed for uses or buildings of a similar type built in the respective zoning districts, as determined by the Zoning Administrator.

7.

[Parking requirements.] Parking for uses or buildings located in the PUD shall be subject to the parking requirements for uses or buildings of a similar type built in the respective zoning districts, as determined by the Zoning Administrator. In addition, the minimum off street parking spaces for single family detached housing shall include a garage to accommodate at least two vehicles.

8.

For accessory structures, the size and location requirements may be varied from those specified in sections 3.15 and 3.16.

E.

[Extraordinary circumstances.] Subject to the provisions of this section, the city commission, after recommendation by the Planning Commission, shall have the power to waive or alter the specific provisions of sections 12.02.C, 12.02.D and 12.03.C only in cases where there is evidence that all of the following conditions are met:

1.

The waiver or alteration will not be detrimental to adjacent property and the surrounding neighborhood.

2.

The granting of the waiver or alteration will better serve to achieve the Intent and Purpose of the PUD as described in Section 12.01.

(Ord. No. 7-03, § 9(12.04), 4-1-2003; Ord. No. 11-05, § 6, 7-17-2005; Ord. No. 15-06, § 3, 10-20-2006; Ord. No. 11-08, §§ 7, 8, 8-29-2008; Ord. No. 16-18, § 7, 11-20-2018; Ord. No. 1-21, § 6, 3-22-2021, eff. 4-1-2021; Ord. No. 9-21, § 6, 11-16-2021)

It is the purpose of commercial PUD's to allow creative and imaginative approaches in the development of commercial elements in the city. The following regulations ensure conservation of the property value through optimum utilization of areas devoted to commercial use together with protection of the immediate environment.

A.

Permitted uses. The following uses of land or structures may be permitted within a commercial PUD.

1.

Any "permitted use" within the C-2, C-4 or C-5 districts.

2.

Customary accessory uses as permitted in the C-2, C-4 or C-5 districts.

3.

Adult and child care facilities in accordance with section 3.20.

B.

Special land uses. The uses permitted by special land use approval in the C-2 community commercial, C-4 office and C-5 neighborhood corridor commercial districts may be permitted when all applicable standards as cited in chapter 15 are met.

C.

Development requirements.

1.

Minimum lot size. The lot size requirements of the district from which the uses were taken shall apply. In case of uses from more than one district, the more restrictive requirements shall apply.

2.

Setbacks and building spacing. Building and parking setbacks and spacing between buildings may be varied to meet the objectives and standards of this section, provided all building and fire codes are met. In no case shall the required building setback from adjacent residential land uses be decreased by more than 50 percent.

3.

Parking. Parking requirements shall be equal to the sum of the parking requirements for all uses proposed. However, where it can be demonstrated by the applicant that due to nonconflicting hours of operation, design of the circulation, and parking plan or any other factor reasonably related to the need for parking, a portion of the parking requirement may be deferred by the Planning Commission. The site plan shall show adequate paved parking and, as applicable, adequate landscaped reserve unpaved parking area, exclusive of required yards, to meet these parking requirements.

4.

Traffic circulation, operations and access.

a.

Main access points shall be spaced from existing signalized intersections adequately to minimize conflicts with signal operations. If the site has access to a traffic signal or if the main access point has potential to be signalized, the site shall be designed and way-finding signs provided to direct traffic flow to use the signal.

b.

Interior drives shall provide circulation between uses.

c.

Any outlets shall use shared driveways and internal access connections rather than separate, individual access points. The preliminary PUD plan and PUD agreement shall clearly describe future access conditions and restrictions.

d.

Stacking or queuing depth at site access points shall be sufficient to accommodate expected peak hour volumes without conflict to inbound or internal circulation.

e.

Additional right-of-way shall be provided to accommodate improvements to the existing arterial roadway system that are planned or required to mitigate traffic associated with the PUD.

f.

A pedestrian circulation system shall be provided throughout the site, along existing arterials, and to connect the public pedestrian system with building entrances.

g.

Provision shall be made to accommodate improvements to public transit service including, but not limited to, shelter and stop locations, bus turnout lanes and pedestrian connections.

5.

Site design guidelines. The following site elements shall be provided:

a.

An extensively landscaped greenbelt, with an average width of 30 feet and minimum of 20 feet, shall be provided along public streets. Plantings within the greenbelt shall exceed the requirements of section 19.03.A. Low, undulating (horizontal and vertical) berms or an architectural feature (decorative stone or brick wall, wrought iron fencing, or combination) may be permitted as an alternative to the trees.

b.

Site design and landscaping shall diminish the prominence of parking lots as viewed from public streets. Parking lot landscaping shall exceed the amount otherwise required.

c.

A city entranceway landmark or entrance sign may be required near the intersection of two arterial streets or at an entrance point to the city. The type and conceptual design of said landmark shall be determined as part of the preliminary PUD plan approval, and the timing of installation described in the PUD agreement.

d.

Extensive pedestrian gathering and seating plazas, greenways and tree lined drives shall be within parking lots and throughout the site to provide an inviting pedestrian environment, protection of the pedestrian from vehicular circulation and improved traffic operations and views.

e.

Other site amenities to create a pedestrian scale environment shall be provided such as bike racks, benches, information kiosks, art, planters or streetscape elements to separate mainline buildings from the parking lots.

f.

Any detention areas with predominant view from the roadway, parking lot, residential dwellings or primary entrances to buildings shall be designed to have a natural appearance, such as: variable shape; natural arrangement of landscape materials; aerated fountains; use boulder accent walls; or other similar design features.

g.

Sign types and materials shall be consistent with the overall architectural design of the PUD. Signs for uses or buildings located in the PUD shall be subject to the sign limitations allowed for uses or buildings of a similar type built in the respective zoning districts, as determined by the Zoning Administrator.

h.

The site shall have a minimum open space of 30 percent exclusive of areas of deferred parking.

6.

Maintenance and utilities. For any areas to be held under common ownership, a document ensuring the future maintenance provisions shall be submitted for approval to the Planning Commission. Such provision shall include mandatory membership of all property owners in any association designed for maintenance of the common area and the city shall have the right to require the recording of such documentation and other provisions deemed appropriate for the project by the Planning Commission.

7.

Building height and architectural guidelines. Information on architecture and building design (elevations or perspectives, materials and description of design standards) shall be submitted and comply with the following:

a.

Architecture throughout the development shall be compatible based on a design theme established with the preliminary PUD plan and described in the PUD agreement.

b.

Compatibility of site use with nearby residential areas must be evidenced and can be determined in relationship to the following criteria:

(1)

Uses have no harmful or unpleasant effects (noise, odors, fumes, glare, vibration, smoke, vapors and gases, electrical emissions and industrial wastes.)

(2)

The PUD site has direct access to a collector or arterial street.

(3)

Appearance is harmonious with adjacent uses. This feature would include but not be limited to landscaping, enclosure of principal and accessory uses, height control, sign control, low profile buildings and architectural controls.

(4)

The distances separating all proposed uses and buildings from the surroundings are great enough to in fact constitute a buffer.

(5)

Loading docks and truck maneuvering areas and terminals should be further removed from residential lot lines than the building.

c.

Buildings shall utilize high quality architecture with variable building lines, peaked roofs or parapet walls, architectural accents, and brick facades.

d.

Building heights will be as required by the commercial districts (chapter 8).

e.

The depth of the front building line shall be varied to break up the building massing.

f.

The predominant material utilized on facades which are visible from a public right-of-way or parking lots shall be brick. Other materials may be used for architectural accents, provided such materials shall have the appearance of wood or cut or cast stone.

g.

A building or buildings shall face (front facade or side elevation with appearance of a front facade) the intersection of existing arterial streets. The building(s) shall have distinct architecture that creates a prominent landmark at the intersection, with no loading or utility areas that face the intersection. There shall be a landscaped plaza in front of the building or between buildings. Parking is encouraged behind buildings.

h.

The type and amount of building materials utilized shall comply with the following table:

D.

[Extraordinary circumstances.] Subject to the provisions of this section, the city commission, after recommendation by the Planning Commission, shall have the power to waive or alter the specific provisions of sections 12.02.C, 12.02.D, and 12.03.C only in cases where there is evidence that all of the following conditions are met:

1.

The waiver or alteration will not be detrimental to adjacent property and the surrounding neighborhood.

2.

The granting of the waiver or alteration will better serve to achieve the Intent and Purpose of the PUD as described in Section 12.01.

(Ord. No. 7-03, § 9(12.05), 4-1-2003; Ord. No. 11-05, § 6, 7-17-2005; Ord. No. 11-08, § 7, 8-29-2008; Ord. No. 3-13, § 3, 3-13-2013; Ord. No. 4-18, § 3, 3-20-2018; Ord. No. 1-21, § 7, 3-22-2021, eff. 4-1-2021)

The mixed use PUD designation is intended to permit residential uses to be mixed with commercial uses in an innovative and unified manner. This will encourage responsible development of sites and more efficient use of the city's infrastructure.

A.

Applicability. To qualify as a mixed use PUD the project must meet the following criteria:

1.

Where the underlying district is zoned for nonresidential uses or designated for nonresidential in the land use plan of the master plan, the project shall contain the following uses:

a.

Maximum 80 percent of the site may include uses permitted in the commercial and office districts

b.

Minimum 20 percent of the site shall be devoted to recreation and open space area, as defined in section 12.10.N.

c.

The remainder may be residential, institutional and/or public uses.

2.

Where the underlying district is zoned for residential uses or designated for residential in the land use plan of the master plan, or the site is zoned or planned for both residential and nonresidential uses, the project shall contain the following maximum breakdown:

a.

A minimum 60 percent of the site shall be devoted to residential, institutional and/or public uses if the underlying zoning is single family residential, no more than 50 percent of the units may be attached. Any attached units shall not be located adjacent to areas with existing or planned single family residential uses.

b.

Minimum 20 percent of the site shall be devoted to recreation and open space area, as defined in section 12.10.J.

c.

A maximum ten percent may be devoted to businesses, services and professional offices. Such uses shall be located along arterial roads, or to provide a transition between the residential component and more intense land uses in the surrounding area. If part of the PUD site is zoned or planned for non-residential use, this percentage may be increased to allow up to ten percent of additional area for nonresidential uses.

B.

Permitted uses. Provided the proper mixture of uses complies with section 12.06(A), the following uses are permitted in a mixed Use PUD:

1.

Any use permitted in the C-2, C-4, R-3 or R-4 districts.

2.

Related recreational facilities such as tennis courts, golf courses, swimming pools and health clubs.

C.

Special land uses. Special land uses in the C-2, C-4, R-3 or R-4 districts may be permitted by obtaining special land use approval when all applicable standards as cited in chapter 15 are met.

D.

Development requirements.

1.

Residential density, floor area, lot size. Residential development in a mixed use PUD shall comply with the maximum density, minimum lot area and minimum floor area requirements outlined for the RPUD-1 designation in section 12.03.

2.

Setbacks and building spacing. Front, side and rear yard requirements shall be the same as for buildings of a similar use built in the regular zoning districts; provided, however, the city may modify these requirements where necessary for the design of a quality project. The clustering, attaching and combining of uses within buildings is encouraged.

3.

Building and architectural guidelines. Building materials and architectural design within the mixed use PUD shall comply with the regulations set forth in the previous PUD designations of RPUD-1, RPUD-2 and commercial PUD as determined applicable by the Planning Commission.

4.

[Consistency of materials.] Sign types and materials shall be consistent with the overall architectural design of the PUD. Signs for uses or buildings located in the PUD shall be subject to the sign limitations allowed for uses or buildings of a similar type built in the respective zoning districts, as determined by the Zoning Administrator.

E.

[Extraordinary circumstances.] Subject to the provisions of this section, the city commission, after recommendation by the Planning Commission, shall have the power to waive or alter the specific provisions of sections 12.02.C, 12.02.D and 12.03.C only in cases where there is evidence that all of the following conditions are met:

1.

The waiver or alteration will not be detrimental to adjacent property and the surrounding neighborhood.

2.

The granting of the waiver or alteration will better serve to achieve the Intent and Purpose of the PUD as described in Section 12.01.

(Ord. No. 7-03, § 9(12.06), 4-1-2003; Ord. No. 11-05, § 6, 7-17-2005; Ord. No. 11-08, § 7, 8-29-2008; Ord. No. 1-21, § 8, 3-22-2021, eff. 4-1-2021)

It is the purpose of office PUD's to allow creative and imaginative approaches in the development of research and office elements in the city. The following regulations ensure conservation of the property value through optimum utilization of areas devoted to office use together with protection of the immediate environment.

A.

Permitted uses. The following uses of land or structures may be permitted within an office PUD.

1.

Any "permitted use" within the C-4 districts.

2.

Any "special land uses" within the C-4 districts when all applicable standards and procedures as stated in chapter 15 and section 13.04. respectively, are met.

3.

Research and development facilities.

4.

Up to 33 percent of the business area for the aforementioned uses can be devoted to storage or prototype development of product.

B.

Special land uses. Special land uses in the C-4 district may be permitted by obtaining special land use approval when all applicable standards as cited in chapter 15 are met.

C.

Development requirements:

1.

Minimum lot size. Five acres.

2.

Setbacks and building spacing. Setbacks and spacing between buildings may be varied to meet the objectives and standards of this section, provided all building and fire codes are met. In no case, shall the required setback from adjacent residential land uses be decreased by more than 50 percent.

3.

Minimum building size. 40,000 square feet.

4.

Maximum building height. 50 feet.

5.

Parking. Parking requirements shall be equal to the sum of the parking requirements for all uses proposed. However, where it can be demonstrated by the applicant that due to nonconflicting hours of operation, design of the circulation, and parking plan or any other factor reasonably related to the need for parking, a portion of the parking requirement can be deferred by the Planning Commission.

6.

Traffic circulation, operations and access:

a.

Main access points shall be spaced from existing signalized intersections adequately to minimize conflicts with signal operations. If the site has access to a traffic signal or if the main access point has potential to be signalized, the site shall be designed and way-finding signs provided to direct traffic flow to use the signal.

b.

Interior drives shall provide circulation between uses.

c.

Any outlets shall use shared driveways and internal access connections rather than separate, individual access points. The preliminary PUD Plan and PUD agreement shall clearly describe future access conditions and restrictions.

d.

Stacking or queuing depth at site access points shall be sufficient to accommodate expected peak hour volumes without conflict to inbound or internal circulation.

e.

Additional right-of-way shall be provided to accommodate improvements to the existing arterial roadway system that are planned or required to mitigate traffic associated with the PUD.

f.

A pedestrian circulation system shall be provided throughout the site, along existing arterials, and to connect the public pedestrian system with building entrances.

g.

Provision shall be made to accommodate improvements to public transit service, including but not limited to, shelter and stop locations, bus turnout lanes and pedestrian connections.

7.

Site design guidelines. The following site elements shall be provided:

a.

An extensively landscaped greenbelt, with an average width of 50 feet and minimum of 30 feet, shall be provided along public streets. Plantings within the greenbelt shall exceed the requirements of section 19.03.A. Low, undulating (horizontal and vertical) berms or an architectural feature (decorative stone or brick wall, wrought iron fencing, or combination) may be permitted as an alternative to the trees.

b.

Site design and landscaping shall diminish the prominence of parking lots as viewed from public streets. Parking lot landscaping shall exceed the amount otherwise required.

c.

Extensive pedestrian gathering and seating plazas, greenways and tree lined drives shall be within parking lots and throughout the site to provide an inviting pedestrian environment, protection of the pedestrian from vehicular circulation and improved traffic operations and views.

d.

Other site amenities to create a pedestrian scale environment shall be provided such as bike racks, benches, information kiosks, art, planters or streetscape elements to separate mainline buildings from the parking lots.

e.

Any detention areas with predominant view from the roadway, parking lot, residential dwellings or primary entrances to buildings shall be designed to have a natural appearance, such as: variable shape; natural arrangement of landscape materials; aerated fountains; boulder accent walls; or other similar design features.

f.

Sign types and materials shall be consistent with the overall architectural design of the PUD. Signs for uses or buildings located in the PUD shall be subject to the sign limitations allowed for uses or buildings of a similar type built in the respective zoning districts, as determined by the Zoning Administrator. In addition, all freestanding signs shall be monument type with a base to match the building materials with landscaping around the sign integrated into the overall landscape plan.

8.

Maintenance and utilities. For any areas to be held under common ownership, a document showing the future maintenance provisions shall be submitted to the Planning Commission. Where applicable, such provisions shall include mandatory membership of all property owners in any association designed for maintenance of the common area.

9.

Building height and architectural guidelines. Information on architecture and building design (elevations or perspectives, materials and description of design standards) shall be submitted and comply with the following:

a.

Architecture throughout the development shall be compatible based on a design theme established with the preliminary PUD plan and described in the PUD agreement.

b.

Compatibility of site use with nearby residential areas must be evidenced and can be determined in relationship to the following criteria:

(1)

Uses have no harmful or unpleasant effects (noise, odors, fumes, glare, vibration, smoke, vapors and gases, electrical emissions and industrial wastes.)

(2)

The PUD site has direct access to a collector or arterial street.

(3)

Appearance is harmonious with adjacent uses. This feature would include but not be limited to landscaping, enclosure of principal and accessory uses, height control, sign control, low profile buildings and architectural controls.

(4)

The distances separating all proposed uses and buildings from the surroundings are great enough to in fact constitute a buffer.

(5)

Loading docks and truck maneuvering areas and terminals should be further removed from residential lot lines than the building.

c.

Buildings shall utilize high quality architecture with variable building lines, peaked roofs or parapet walls, architectural accents, and brick facades.

d.

The depth of the front building line shall be varied to break up the building massing.

e.

The predominant material utilized on facades which are visible from a public right-of-way or parking lots shall be brick. Other materials may be used for architectural accents, provided such materials shall have the appearance of wood or cut or cast stone.

f.

A building or buildings shall face (front facade or side elevation with appearance of a front facade) the intersection of existing arterial streets. The building(s) shall have distinct architecture that creates a prominent landmark at the intersection, with no loading or utility areas that face the intersection. There shall be a landscaped plaza in front of the building or between buildings. Parking is encouraged behind buildings.

g.

The type and amount of building materials utilized shall comply with the following table:

h.

The height of buildings shall be limited to the commercial/office district height requirements.

D.

[Extraordinary circumstances.] Subject to the provisions of this section, the city commission, after recommendation by the Planning Commission, shall have the power to waive or alter the specific provisions of sections 12.02.C, 12.02.D and 12.03.C only in cases where there is evidence that all of the following conditions are met:

1.

The waiver or alteration will not be detrimental to adjacent property and the surrounding neighborhood.

2.

The granting of the waiver or alteration will better serve to achieve the Intent and Purpose of the PUD as described in Section 12.01.

(Ord. No. 7-03, § 9(12.07), 4-1-2003; Ord. No. 11-05, § 6, 7-17-2005; Ord. No. 15-06, § 3, 10-20-2006; Ord. No. 11-08, § 7, 8-29-2008; Ord. No. 4-18, § 3, 3-20-2018; Ord. No. 1-21, § 9, 3-22-2021, eff. 4-1-2021)

The industrial PUD is intended to permit and control the development of pre-planned, exclusively industrial areas and research and development centers. It is intended that this type of PUD afford industry reasonable protection from encroachment by retail commercial, residential and other incompatible land uses, and that reasonable protection will be afforded to adjacent uses.

A.

Applicability. A site may be designated for industrial PUD provided it meets the following criteria:

1.

Direct access to an arterial street.

2.

The industrial PUD shall be located in an area previously master planned for industrial use.

3.

Utilities, roads and other essential services must be available for the immediate use of occupants purchasing or leasing sites in the industrial PUD.

B.

Permitted uses. The following uses are permitted by right in the industrial PUD.

1.

Any use permitted by right in the I-1 light industrial district.

2.

Corporate office buildings.

3.

Research and development laboratories, offices and facilities for the development of new products and processes.

C.

Special land uses. The following uses may be permitted by obtaining special land use approval when all applicable standards as cited in chapter 15 are met:

1.

Special land uses in the I-1 light industrial district and uses allowed by right in the I-2 general industrial district. Vehicle fuel stations and vehicle rental establishments dealing strictly in passenger vehicles.

2.

Related essential services that are ancillary to the industrial planned development including office equipment and supply sales and personal service establishments which perform personal services on the premises.

D.

Covenants or restrictions. Any private covenants or restrictions applying to the parcels within the industrial PUD shall be submitted to the zoning administrator for review and approval to ensure consistency with the approved PUD agreement.

E.

Development requirements.

1.

Minimum lot and building size. The following shall apply for minimum lot area and width according to building size:

a.

Industrial buildings with a gross floor area of 10,000 square feet or less shall have a minimum lot size of 25,000 square feet and a minimum lot width of 150 feet.

b.

The minimum lot size for a building greater than 10,000 square feet shall be one acre and a minimum lot width of 200 feet.

2.

Minimum setback requirements. The following setback requirements shall be met:

a.

Front yard. A front yard of 35 feet is required which must be landscaped with grass and shrubbery or trees. For buildings with parking in front, there shall be a front setback of 75 feet the front 30 feet of which shall be landscaped.

b.

Side yard. A side yard shall be no less than ten feet wide with 50 feet of side yard required if it includes parking.

c.

Rear yard. A rear yard of no less than 25 feet shall be required.

3.

Building height. The height of buildings within the PUD shall be determined by the use. I-1 uses shall be limited to I-1 height requirements, I-2 uses shall be limited to I-2 height requirements.

4.

Outdoor storage. All business, services, or processing shall be conducted wholly within enclosed buildings with the exception of outdoor contractor's storage yards and open air construction and industrial equipment sales and rental which must be screened from view from any public street.

5.

Architectural design. Architecture throughout an industrial development shall be compatible based on a design theme established with the concept plan and described in the PUD agreement.

a.

The administrative/office segment of the building shall utilize quality architecture with variable building lines, architectural accents, and brick facades.

b.

The administrative/office portion of the building shall be in the front with an appropriate architectural transition to the warehouse/manufacturing.

c.

Techniques shall be utilized to break up building massing such as windows, varying building lines and landscaping.

d.

The predominant material utilized on facades visible from a public right-of-way or parking lots shall be brick. Other materials may be used for architectural accents, provided such materials shall have the appearance of wood or cut or cast stone.

e.

The type and amount of building materials utilized shall comply with the following table:

6.

[Consistency of materials.] Sign types and materials shall be consistent with the overall architectural design of the PUD. Signs for uses or buildings located in the PUD shall be subject to the sign limitations allowed for uses or buildings of a similar type built in the respective zoning districts, as determined by the Zoning Administrator.

F.

[Extraordinary circumstances.] Subject to the provisions of this section, the city commission, after recommendation by the Planning Commission, shall have the power to waive or alter the specific provisions of sections 12.02.C, 12.02.D and 12.03.C only in cases where there is evidence that all of the following conditions are met:

1.

The waiver or alteration will not be detrimental to adjacent property and the surrounding neighborhood.

2.

The granting of the waiver or alteration will better serve to achieve the intent and purpose of the PUD as described in Section 12.01.

(Ord. No. 7-03, § 9(12.08), 4-1-2003; Ord. No. 11-05, § 6, 7-17-2005; Ord. No. 11-08, § 7, 8-29-2008; Ord. No. 4-18, § 4, 3-20-2018; Ord. No. 1-21, § 10, 3-22-2021, eff. 4-1-2021; Ord. No. 8-23, § 4, 8-2-2023)

The purpose of the preliminary review is to provide the applicant with a substantive review of the proposed project in order to prepare final site engineering and architecture plans and to execute necessary agreements between the applicant and the city. Fifteen copies of each of the following items shall be submitted by the applicant. (Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale):

A.

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

B.

A completed application form, supplied by the zoning administrator, and an application fee. A separate escrow deposit may be required for administrative or consultant charges to review the PUD submittal.

C.

A traffic impact or environmental assessment, if required, as described in section 13.02.

D.

A complete draft PUD agreement for review by the planning commission and city attorney which shall:

1.

Set forth the conditions upon which the approval is sought, with reference to approved plans and a specific description of all deviations from city regulations which have been requested and approved, and thus do not require approval of the zoning board of appeals. Such deviations shall be clearly listed in tabular form and may include: building and parking lot setbacks, building height, reduction in minimum lot size, reduction in road width, modifications to road geometric design, reduction on required parking, mixture of uses (if applicable), larger or additional signs, or driveways that do not meet the standards of this ordinance.

2.

Convey in fee or commit otherwise common areas indicated in the PUD plan for use by the residents or the public at large. The use shall be irrevocably dedicated for the useful life of the residences, and retained as open space for park, recreation or other common uses. The transfer of responsibility from the developer to the association shall be clearly defined, to ensure all obligations will be met, or performance guarantees provided, to ensure common areas are left in a usable state.

3.

Set forth a program and financing for maintenance of common areas and features, such as pathways, roads, signs, lighting, landscaping, recreational facilities and stormwater detention facilities. Adequate provision shall be made to insure common areas and features and to indemnify the city.

4.

Assure that trees and woodlands indicated on the plan will be preserved as shown, or replaced on a caliper for caliper basis if damaged or removed during construction.

5.

Assure the construction, improvement and maintenance of all streets and necessary utilities (including public water, wastewater collection and treatment and stormwater) to mitigate the impacts of the PUD project through construction by the developer, bonds or other satisfactory means, for any and all phases of the PUD. In the case of phased PUD's this requirement shall be reviewed at the time of any final site plan approval.

6.

Confirm that variances from the zoning board of appeals cannot be sought for the PUD plan and describe whether individual landowners are eligible to seek variances in the future, once the PUD project or phase is constructed.

7.

Address any other stated concerns of the city regarding construction and maintenance including phasing development plans. Adequate development assurances shall be provided for all proposed phased development.

8.

Ensure that the obligations of the PUD are transferred to future buyers and note the process for approval of amendments to the PUD agreement, including the manner in which affected parties within the PUD must approve the change in addition to the city.

9.

Narrative description of architectural treatment/features.

10.

Narrative description of the walkability of the PUD (within and to the public walkways).

11.

Narrative description of open space features.

12.

Narrative description of the relationship between the PUD and the goals of the city master plan.

E.

Cover sheet providing:

1.

The applicant's name;

2.

The name of the development; the preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating license in the State of Michigan;

3.

Date of preparation and any revisions;

4.

North arrow;

5.

Property lines and dimensions;

6.

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

7.

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

8.

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

9.

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

10.

Location of any access points on both sides of the street within 300 feet of the PUD along arterial streets and within 100 feet along other streets where access to the PUD is proposed.

F.

A plan sheet(s) labeled "Existing Site Conditions", that includes the location of existing buildings and structures, rights-of-way and easements, significant natural and historical features, existing drainage patterns (by arrow), surface water bodies, floodplain areas, wetlands, the limits of major stands of trees and a tree survey indicating the location, species and caliper of all trees with a caliper over six inches, measured four feet above grade. This sheet shall also illustrate existing topography of the entire site at five-foot contour intervals and a general description of grades within 100 feet of the site. A reduced copy of this sheet(s) should also be included in the impact assessment outlined in section 13.02. of this zoning ordinance.

G.

A conceptual plan that illustrates how the site could be developed under standard zoning regulations. This alternative plan must meet all the applicable requirements for lot size, setbacks, road and stormwater facilities, etc. The applicant may wish to submit the alternative plan for city review prior to submittal of the overall PUD package to identify where more documentation is needed to support the practicality of the alternative plan, or to obtain acceptance from city staff. The applicant may provide more than one alternative plan as a contrast with the PUD plan. The alternative, conventional plan, shall be used to determine the base density for PUD projects with a residential component and to evaluate whether the benefits of the PUD plan are substantial enough to support approval.

H.

A preliminary PUD site plan sheet that includes the following:

1.

Preliminary layout of proposed land use, acreage allotted to each use, residential density overall and by underlying zoning district (calculations shall be provided for both overall and net density), building footprints, structures, roadways, parking areas, drives, driveways, pedestrian paths, gathering areas and identification signs.

2.

Building setbacks and spacing.

3.

Parking lot areas, loading areas and setbacks.

4.

General location and type of landscaping proposed (evergreen, deciduous, berm, etc.) noting existing trees over six inches in caliper to be retained, and any woodlands that will be designated as "areas not to be disturbed" in development of the PUD. The city may require cross sections that illustrate relationship to natural features and adjacent land uses.

5.

A preliminary layout of contemplated stormwater drainage, detention pond location, water supply and wastewater disposal systems, any public or private easements, and a note of any utility lines to be removed. A preliminary layout of vegetation and/or grades that will be left undisturbed.

6.

Calculations to demonstrate compliance with minimum open space requirements of this section.

7.

Schematic architectural design information that, if approved, will serve as a guideline for approval of future site plan submittals. The city may require elevations, perspectives, color drawings and material descriptions or samples.

8.

If a multiphase planned unit development is proposed, identification of the areas included in each phase. For residential uses, the number, type, and density proposed by phase.

9.

Utility master plan shall be required based on guidelines provided by the city Engineer. The utility master plan shall show connection points to existing utilities, and concepts for layout, size and phasing of utilities.

State Law reference— Site plans, MCL 125.584d.

Based upon the following standards, the Planning Commission may recommend denial, approval, or approval with conditions, and the city commission may deny, approve, or approve with conditions the proposed planned unit development.

A.

The planned unit development meets the qualification requirements.

B.

A draft PUD agreement has been submitted and found to meet the standards herein.

C.

In contrast to development under conventional zoning, the proposed PUD shall have a significant beneficial effect in terms of public health, safety and welfare, as described in the sections above.

D.

The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment.

E.

The planned unit development is generally consistent with the goals, objectives and land use map of the city's master plan.

F.

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.

G.

Be served adequately by essential public facilities and services, such as streets, public transit, pedestrian ways, police and fire protection, drainage structures, refuse disposal, water and sewer facilities.

H.

Not create excessive additional requirements at public cost for public facilities and services.

I.

Be developed in accordance with the objectives of the planned unit development district.

J.

Judicious effort has been used to preserve significant natural and historical features, surface and underground water bodies and the integrity of the land.

K.

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

L.

Safe, convenient, uncongested, and well-defined vehicular circulation within and to the site is provided. Drives, streets and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.

M.

A comprehensive pathway system shall be provided that links all components within the PUD and links the PUD with existing or planned public sidewalk or pathway systems. The pathway system may consist of sidewalks, paved pathways or natural trails, as deemed appropriate by the city.

N.

Common open space shall be provided including natural areas, community greens, community buildings, plazas and recreation areas. The open space and all other elements shall be in an appropriate location, suitably related to each other, site and surrounding lands. The required open space shall be: centrally located and of sufficient size to be usable for recreation; along the road frontage of the development; located to preserve significant natural features; located to connect open spaces throughout the development; or provide a buffer from adjacent land uses. Connections with adjacent open space, public land or existing or planned pedestrian/bike paths may be required by the city. Grading and utility installation in the open space shall be minimal, with the intent to preserve existing significant topographic features where such resources exist.

Required open space shall be exclusive of all building setbacks or building spacing required under conventional zoning. Perimeter setbacks (including any area that overlaps with building setback) may be counted towards required open space. At least 25 percent of required open space shall be exclusive of ponds, stormwater detention facilities and wetlands.

O.

Any approved deviations from the applicable zoning regulations meeting the intent of this section.

(Ord. No. 5-04, § 5, 5-2-2004)

State Law reference— Site plans, MCL 125.584d.

The final submittal shall include 15 copies of each of the following items:

A.

All materials required by chapter 14 site plan review.

B.

A hydrologic impact assessment describing the existing ground and surface water resources including, but not limited to, a description of the water table, direction of groundwater flow,

recharge and discharge areas, lake levels, surface drainage, floodplains, and water quality and the projected impact of the proposed development on such resources, in particular impacts associated with water supply development, wastewater disposal, and storm water management.

C.

A final copy of the approved PUD agreement.

D.

Any other additional information required by the city to demonstrate compliance with the approved preliminary PUD plan, with the zoning ordinance and other ordinances, and the city's master plan.

State Law reference— Site plan, MCL 125.584d.

Based upon the following standards, the Planning Commission may recommend denial, recommend approval, or recommend approval with conditions. The city commission may deny, approve or approve with conditions the proposed planned unit development.

A.

The final PUD plan and associated documents shall be reviewed for consistency with the approved preliminary PUD plan, PUD agreement and associated documents and any conditions required by the city.

B.

The final PUD PLAN and associated documents shall be reviewed in accordance with chapter 14 site plan review, city subdivision regulations, and any other applicable legal requirements.

C.

The final PUD plan shall comply with applicable specific regulations outlined in the sections below.

D.

The city may impose additional reasonable conditions to ensure compliance with the standards of this section, and ensure that public streets, services and facilities will be capable of accommodating increased demands created by the PUD.

State Law reference— Site plan, MCL 125.584d.

A.

Amendments and deviations from approved Final PUD Site Plan.

1.

Deviations: Deviations from the approved Final PUD Site Plan may occur only when an applicant or property owner granted Final PUD Site Plan approval notifies the zoning administrator of the proposed amendment to such approved site plan in writing, accompanied by a site plan illustrating the proposed change, and receives approval consistent with this section. The request shall be received prior to initiation of any construction in conflict with the approved Final PUD Site Plan.

2.

Procedure: Within 14 days of receipt of a request to amend the Final PUD Site Plan, the zoning administrator shall determine whether the change is major, warranting review by the planning commission, or minor, allowing administrative approval, as outlined in section 13.05.I.

B.

Schedule of construction. Final site plan approval of a PUD, PUD phase or a building within a PUD shall be effective for a period of one year; a single one year extension may be granted by the Planning Commission if applied for in writing prior to the date of expiration of the site plan approval. Further submittals under the PUD procedures shall be accepted for review upon a showing of substantial progress in development of previously approved phases, or upon a showing of good cause for not having made such progress.

C.

Appeals and violations.

1.

Appeals. The board of zoning appeals shall have the authority to hear and decide appeal requests by property owners for variances from the zoning ordinance. However, the board of zoning appeals shall not have the authority to change conditions or make interpretations to the PUD site plan or written agreement.

2.

Violations. A violation of the PUD plan or agreement shall be considered a violation of this ordinance. Notwithstanding any other relief available to the city pursuant to this ordinance or the law, the city commission may revoke its approval of a PUD plan for a violation of the PUD plan or agreement.

D.

Validity of existing PUDs. The site plans of planned unit developments previously approved by the Planning Commission and the city commission shall remain in effect provided substantial progress has been made in development of approved phases.

(Ord. No. 1-21, § 12, 3-22-2021, eff. 4-1-2021; Ord. No. 2-23, § 5, 2-21-2023)