Description. This chapter offers an alternative to conventional development and traditional zoning standards by permitting flexibility in the regulations for development through the authorization of Planned Unit Development (PUD) districts. The standards in this chapter are intended to promote and encourage development on parcels of land that are suitable in size, location, and character for the uses proposed, and are further intended to ensure compatibility with adjacent land uses, the city's master plan and, where applicable, the existing natural features of the area.

Purpose. The use, area, height, bulk, and placement regulations of this chapter are primarily applicable to the usual situation of one (1) principal building on a lot. In certain developments, these requirements might result in situations less in the interest of public health, safety, and welfare than if a controlled degree of flexibility were allowed. The purpose of a PUD is to permit and control the development of planned areas for various compatible uses allowed by the zoning ordinance and for other uses not so provided. It is intended that uses in a PUD afford each type of land use reasonable protection from encroachment or interference by other incompatible land uses, and that reasonable protection be afforded to uses adjacent to a PUD.

(Ord. No. 18-06, § 1, 11-19-18)

A.

The degree to which the following objectives are satisfied shall be considered by the planning commission and city council in its review of a PUD in order to realize the inherent advantages of coordinated, flexible, comprehensive, long-range planning and development of such planned development:

1.

To encourage the provision and protection of open spaces, cultural/historic resources, the development of recreational amenities, and, where included in the plan, other support facilities in a generally central location within reasonable distance of all dwelling units.

2.

To encourage developers to use a more creative and imaginative approach in the development of property.

3.

To allow for market-driven development or redevelopment in places that are most conducive to accommodating additional activity.

4.

To facilitate economic development through the creation of a mix of uses and/or building types.

5.

To create walkable developments with pedestrian-oriented buildings and open space that connects to nearby destinations or neighborhoods.

6.

To provide for the adaptive re-use of significant or historic buildings.

7.

To allow phased construction with the knowledge that subsequent phases will be approved as originally planned and approved by the city.

8.

To promote flexibility in design and to permit planned diversification in the location of structures.

9.

To promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use, and utilities.

10.

To minimize adverse traffic impacts and to accommodate safe and efficient pedestrian access and circulation.

11.

To provide for redevelopment of sites and/or buildings that are under-developed or have fallen into disrepair.

12.

To combine and coordinate architectural styles, building forms, and building relationships within the PUD; and

13.

To ensure a quality of construction commensurate with other developments within the city.

B.

Qualifying conditions.

1.

Ownership. The tract of land for which a PUD application is received must be either in one (1) ownership or with written approval of the owners of all affected properties.

2.

Conditions. To be considered as a PUD, the proposed development must fulfill at least one (1) of the following conditions:

a.

The PUD contains two (2) or more separate and distinct uses, for example, residential dwellings and office or commercial uses;

b.

The PUD site exhibits significant natural features encompassing at least twenty-five (25) percent of the land area of the PUD which will be preserved as a result of the PUD plan.

c.

The PUD is designed to preserve, in perpetuity, at least sixty (60) percent of the total area of the site as open space.

d.

The PUD constitutes a significant redevelopment of an underutilized or vacant property where conventional development may not be feasible.

3.

Master Plan. The applicant shall demonstrate that the proposed PUD is consistent with the adopted master plan.

(Ord. No. 18-06, § 1, 11-19-18)

A.

The following uses may be permitted in a PUD:

1.

Uses permitted by right or by special land use in the underlying zoning district;

2.

Any use that is determined to be consistent with the master plan;

3.

A combination of residential, commercial, and public uses which are compatible with existing and adjacent land uses;

B.

Only those uses approved for the PUD shall thereafter be permitted within the PUD.

C.

For PUDs located in non-residential or mixed use districts, the maximum number of dwelling units permitted in a PUD shall be determined by the planning commission in consideration of the master plan, existing and future surrounding land uses, capacity of public utilities and services, and other applicable factors.

D.

For PUDs located in residential zoning districts, the permitted density shall not be greater than that permitted by the zone district in which the proposed uses are permitted. If the PUD lies in more than one (1) zone district, then the number of dwelling units shall be calculated on a proportionate basis.

E.

The total amount of land to be used for the calculation of the permitted density in a PUD in subsection D above shall be determined by using the net developable area, which shall be determined by taking the total site area and subtracting lands used or dedicated for existing public easements and existing public or private street rights-of-way.

F.

Land not proposed for development and not used or dedicated existing public or private street rights-of-way or other infrastructure, but used for the calculation of overall density, shall be considered open space and subject to the requirements of section 15.06.

(Ord. No. 18-06, § 1, 11-19-18)

A.

All uses shall be integrated into the design of the project with similar architectural and site development elements, such as signs, landscaping, etc.

B.

Mixed uses may be permitted only if they will not materially alter the character of the neighborhood and/or the PUD.

C.

All merchandise for display, sale, or lease shall be entirely within an enclosed building(s).

D.

Buildings designed for non-residential uses shall be constructed according to the following requirements:

1.

If the entire PUD contains fewer than twenty (20) dwelling units, seventy-five (75) percent of these units must be constructed prior to construction of any non-residential use.

2.

If the PUD contains more than twenty (20) dwelling units, fifty (50) percent of these units shall be constructed prior to the construction of any non-residential use.

(Ord. No. 18-06, § 1, 11-19-18)

A.

Deviations from minimum requirements. In approving a PUD, the city may permit deviations from the lot area and width requirements, parking requirements, required buffers, building setback requirements, height limitations, and other requirements of the zoning ordinance provided that such deviations are consistent with all other requirements of this chapter and the following standards:

1.

The applicant shall identify, in writing, all proposed deviations from the underlying zoning district. Deviations may be approved by the city council after the planning commission recommendation. These adjustments may be permitted if they will result in a higher quality of development or better integration of the proposed use(s) within the vicinity.

2.

Deviations from the minimum requirements shall also satisfy at least one (1) of the following criteria:

a.

The proposed deviations shall preserve the best natural features of the site;

b.

The proposed deviations shall create, maintain, or improve habitat for wildlife;

c.

The proposed deviations shall create, maintain, or improve open space for the residents;

d.

The proposed deviations shall enhance the views into the site as well as the view from dwellings to be built on site;

e.

The proposed deviations shall constitute an adaptive re-use or redevelopment of buildings and/or property, and/or;

f.

The proposed deviations shall be necessary for the development or redevelopment of property that would not be feasible without the deviations.

B.

Other requirements.

1.

All electric, cable, internet, and telephone transmission wires within the PUD shall be placed underground.

2.

Signs are permitted in accordance with the zone district in which the proposed uses are permitted.

C.

Conditions. The city council may impose conditions with the approval of a PUD which are necessary to insure compliance with the standards for approval stated in this section and any other applicable standards contained in this chapter. Such conditions shall be considered an integral part of the PUD approval and shall be enforceable by the zoning enforcement officer.

(Ord. No. 18-06, § 1, 11-19-18)

If open space is provided in the PUD, it shall meet the following considerations and requirements:

A.

Open space may be established to separate uses within the PUD.

B.

Open space areas shall be large enough and of proper dimensions so as to constitute a useable area, with adequate access, through easements or other similar arrangements, such that all properties within the entire PUD may reasonably utilize the available open space.

C.

Evidence shall be given that satisfactory arrangements will be made for the maintenance of open space to relieve the city of the future maintenance thereof.

D.

Open space may be provided where significant natural features may be preserved and/or be used for passive or active recreation.

E.

All land set aside as open space shall be deed restricted to ensure that the open space remains undeveloped in perpetuity. Land set aside for agriculture may, at the discretion of the property owner(s), be converted to open space, but shall not be used as land for the construction of additional dwellings, nor used for any other development.

F.

All open space shall be in joint ownership of the property owners within the PUD. A property owner's association or similar entity approved by the city shall be formed to take responsibility for the maintenance of the open space.

G.

The maintenance requirements of dedicated open space may include regular clearing and mowing or other active maintenance. Maintenance shall also include the removal of any accumulation of trash or waste material within the dedicated open space, clean up of storm damage, or removal of diseased plant materials, and similar improvements.

H.

To the extent possible, dedicated open space areas shall be continuous and contiguous throughout the PUD. Open space areas shall be large enough and of proper dimensions so as to contribute significantly to the purpose and objectives of the PUD.

(Ord. No. 18-06, § 1, 11-19-18)

A.

The following steps, which are outlined in sections 15.08—15.11, shall apply to all applications for PUD approval, whether residential, non-residential, or mixed use:

1.

Preliminary planning commission review (optional). A preliminary plan may be submitted to the planning commission for initial review. The applicant may attend a pre-application review of the proposed PUD Plan with the planning commission.

2.

PUD plan and PUD rezoning.

a.

The planning commission shall review the PUD plan and PUD rezoning application, hold a public hearing (if desired), and make a written recommendation to the city council.

b.

The city council shall review the PUD plan and PUD rezoning application, and the written recommendation and findings from the planning commission, hold a public hearing, and make a final decision.

3.

PUD final site plan review. The zoning enforcement officer and other applicable city personnel shall review the PUD final site plan in accordance with section 15.11 of this chapter.

B.

An application for PUD shall be accompanied by a statement with regard to compliance with the standards required for approval in section 15.10, and other standards imposed by the zoning ordinance affecting the PUD under consideration.

C.

Either concurrently with the PUD plan application, or upon approval by the city council (with or without conditions), the applicant may apply for preliminary plat approval, condominium approval, and private road approval, as applicable.

D.

Approval of a PUD pursuant to this chapter shall constitute an amendment to the Lowell zoning ordinance and map.

(Ord. No. 18-06, § 1, 11-19-18)

A.

Preliminary plans of the proposed PUD may, at the applicant's option, be submitted for review to the planning commission prior to submission of an application for a PUD. The purpose of the meeting is to allow discussion between an applicant and the planning commission, and to inform the applicant of the acceptability of proposed plans prior to incurring extensive engineering and other costs which will be necessary for PUD review.

B.

As part of the pre-application review, the applicant shall submit a copy of a conceptual plan for the proposed PUD that shows the property location, boundaries, significant natural features, vehicular and pedestrian circulation, the proposed number and arrangement of lots or units with building envelopes, proposed open spaces, location of proposed buildings, and proposed land use(s) for the entire site.

C.

The planning commission shall advise the applicant regarding whether the proposed conceptual plan complies with the purpose and intent of this chapter, and if it qualifies for PUD rezoning pursuant to the qualifying conditions of section 15.02 of this chapter.

D.

Formal action shall not be taken at a preliminary planning commission review. Statements made at the pre-application conference or review by the planning commission shall not be considered binding commitments or an approval of the PUD plan.

(Ord. No. 18-06, § 1, 11-19-18)

A.

Required information. Following the preliminary review (if conducted), the applicant shall submit a completed application form for PUD rezoning, the required application fee, and ten (10) copies and a PDF of the PUD plan to the planning commission at least twenty-one (21) days prior the next planning commission meeting.

The PUD plan shall be professionally prepared by a licensed engineer, architect, and/or landscape architect and shall be drawn to a scale of not less than one (1) inch = one hundred (100) feet. The PUD plan shall, at a minimum, contain the following information, unless specific items are determined to be not pertinent to the application by the zoning enforcement officer:

1.

General information.

a.

Name and firm address of the professional individual responsible for preparing site plan and his/her professional seal.

b.

Name and address of the property owner or petitioner.

c.

Scale, north arrow, and date.

d.

Acreage (gross and net).

e.

Zoning of adjacent properties.

f.

Legal property description.

g.

Existing site conditions:

1)

Boundary survey lines and setbacks.

2)

Location sketch showing site, adjacent streets and properties within two hundred (200) feet or as directed by the city.

3)

Location, width, and purpose of all existing easements and lease areas, including cross-access.

4)

Abutting street right(s)-of-way and width.

5)

Topography with contour intervals of no more than two (2) feet.

6)

Natural features such as wooded areas, surface water feature, floodplains or floodways, wetlands, slopes exceeding fifteen (15) percent, lakes, rivers, creeks, county drains, and other significant site features, including the area of such features.

7)

Existing buildings, structures, paved surfaces and areas, installed landscaping, and other significant physical infrastructure.

8)

Size and location of existing utilities and status, where applicable.

h.

Proposed development:

1)

Layout of proposed buildings, structures, driveways, parking lots, streets, landscaped areas, and other physical infrastructure, as applicable, including the area of these improvements.

2)

Recreation areas, common use areas, dedicated open space, and areas to be conveyed for public use.

3)

Layout of sidewalks and/or pathways, both internal to the development and along the main road frontage.

4)

Layout and typical dimensions of building envelopes, proposed parcels, and lots.

5)

Parking, stacking, and loading calculations, if applicable.

6)

Phasing plan, if applicable.

7)

Conceptual plan for provision of public water and public sanitary sewer services.

8)

Conceptual grading plan.

9)

Conceptual stormwater plan.

10)

Conceptual building types, including building elevations and footprints.

i.

Additional information:

1)

A narrative, which shall describe the proposed PUD, the proposed timeframe of development, the zoning district(s) in which it will be located, the overall residential density of the project, and documentation indicating how the qualifying conditions in section 15.02 and the standards of section 15.10 are met.

2)

A table detailing all requested deviations identified in the PUD plan compared to the requirements of the zoning district in which the proposed PUD is located. This table shall clearly identify the requirement in comparison to the requested deviation.

3)

The planning commission may require additional information from the applicant to better assist in the determination of PUD qualification such as, but not limited to, market studies, fiscal impact analysis, traffic impact studies, and environmental impact assessments.

B.

Planning commission review and optional public hearing.

1.

The planning commission shall review the PUD Plan at a regular or special meeting and may hold a public hearing, though it is not required. Notice of the public hearing (if held) shall be provided in accordance with the Michigan Zoning Enabling Act, as amended.

2.

The planning commission shall review the PUD plan in consideration of public comments, technical reviews from city staff and consultants, and other applicable standards and requirements. Within a reasonable timeframe, the planning commission shall recommend approval, approval with conditions, or denial of the PUD plan and PUD rezoning to the city council. The planning commission's recommendation shall be documented with findings to justify its recommendation.

3.

In order to recommend approval of the PUD plan and PUD rezoning, the planning commission shall find that the standards of section 15.10 are satisfied.

C.

City council review and required public hearing.

1.

Following receipt of a recommendation from the planning commission on the PUD plan and PUD rezoning, a public hearing of the city council shall be scheduled in accordance with the Michigan Zoning Enabling Act, as amended.

2.

After the public hearing, the city council shall review the application in consideration of the planning commission's written recommendation, public hearing comments, technical reviews from city staff and consultants, and other applicable standards and requirements. Within a reasonable time, the city council shall approve, approve with conditions, or deny the PUD plan and PUD rezoning. The city council's decision shall be documented with written findings to justify its decision.

3.

In accordance with the Michigan Zoning Enabling Act, as amended, the city council may place reasonable conditions on the approval of a PUD plan, including a performance guarantee pursuant to section 15.13(E). Conditions attached to the approval shall be incorporated into the ordinance adopting the PUD plan and PUD rezoning.

4.

Approval of the PUD plan and PUD rezoning by the city council shall be incorporated into a rezoning amendment to the zoning ordinance and map. Such rezoning and PUD plan approval shall become effective after notification and publication as required by the Michigan Zoning Enabling Act, as amended.

(Ord. No. 18-06, § 1, 11-19-18)

In order to approve a PUD plan and PUD rezoning, the planning commission and city council shall find that all of the following standards are met:

A.

The proposed PUD complies with the purpose and qualifying conditions of sections 15.01 and 15.02.

B.

The uses conducted within the proposed PUD, the PUD's impact on the community, and other aspects of the PUD are consistent with, and further implement the policies of, the adopted master plan.

C.

The proposed PUD shall be designed, constructed, operated, and maintained in a manner harmonious with the character of adjacent property, the surrounding uses of land, the natural environment, and the capacity of public services and facilities affected by the development.

D.

The proposed PUD shall not be hazardous to adjacent property or involve uses, activities, materials, or equipment that will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, fumes, or glare.

E.

The proposed PUD shall not place demands on public services and facilities more than current or anticipated future capacity.

F.

The proposed PUD shall satisfy all applicable local, state, and federal laws, rules and, regulations.

(Ord. No. 18-06, § 1, 11-19-18)

1.

Within one (1) year after PUD plan and PUD rezoning approval by the city council, a minimum of four (4) copies and a PDF the PUD final site plan for the entire PUD (or at least one (1) phase of the PUD) shall be submitted by the applicant in accordance with chapter 18 of the zoning ordinance to the city clerk.

2.

All PUD final site plans subsequently submitted shall conform to the approved PUD plan subject to minor revisions and all conditions attached to its approval, the ordinance adopting the PUD plan and PUD rezoning, and the requirements of this chapter.

3.

If the PUD final site plan substantially conforms to the approved PUD plan subject to minor revisions and all conditions attached to its approval, the PUD adoption ordinance, and the requirements of this chapter, then the city shall approve the PUD final site plan.

4.

Unless otherwise required by subsection 6 below, PUD final site plans shall be reviewed administratively by the zoning enforcement officer and any other applicable city personnel. In cases where it is unclear whether or not a site plan substantially conforms to the approved PUD plan and/or any conditions attached to its approval, the zoning enforcement officer shall refer the PUD final site plan to the planning commission for review.

5.

For land uses within the PUD subject to additional special land use requirements, such uses shall comply with all such required conditions unless deviations were approved pursuant to this chapter.

6.

For land uses within the PUD that require special land use approval, or for PUDs that contain private roads, subdivisions, and/or site condominiums, such uses shall be reviewed and approved in accordance with all other applicable sections of the zoning ordinance and other provisions of the city code. These reviews may occur concurrently with the application for PUD plan review and PUD rezoning.

(Ord. No. 18-06, § 1, 11-19-18)

A.

Phased projects. Where a project is proposed for construction in phases, the project shall be designed so that each phase, when completed, 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 residents of the community. Each phase of a PUD shall require the submittal of a site plan pursuant to section 15.11.

B.

Amendments to an approved PUD. An amendment to an approved PUD shall be reviewed and approved by the planning commission and city council pursuant to section 15.09 B and C, except that the zoning enforcement officer may review and approve minor amendments to the PUD, or refer minor amendments to the planning commission for a determination with or without a public hearing. Minor amendments include, but are not limited to, the following:

1.

Reduction of the size of any building, building envelope, or sign.

2.

Movement of buildings or signs by no more than ten (10) feet.

3.

Changes requested by the city for safety reasons.

4.

Changes which will preserve natural features of the land without changing the basic site layout.

5.

Changes in the boundary lines of lots or condominium units which do not change the overall density of the development, do not reduce the width of the lot by more than ten (10) percent or which do not change the average lot or unit width throughout the development.

6.

Additions or modifications of the landscape plan or landscape materials, or replacement of plantings approved in the landscaping plan

7.

Alterations to the internal parking layout of a parking lot, provided that the total number of spaces or means of ingress and egress do not change.

8.

Other non-substantive changes proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the city to be not material or significant in relation to the entire site and which the department determines would not have a significant adverse effect on the development on adjacent or nearby lands or the public health, safety and welfare.

C.

Expiration.

1.

A PUD (or at least the first phase of a PUD) shall be under meaningful construction of proposed improvements consistent with the approved PUD final site plan within one (1) year after the date of approval of the PUD final site plan, which shall proceed diligently to completion. For the purposes of this subsection, "meaningful construction" means substantial completion of improvements such as utilities, roads, buildings, and similar improvements.

2.

Upon expiration of the time period for submission of either the (a) PUD plan and rezoning, or (b) the PUD final site plan, such approvals shall automatically become null and void and all rights of development based on the plan shall terminate.

3.

The city council may approve extensions of up to two (2) years at a time, if requested in writing by the applicant prior to the expiration date of the original PUD plan approval or PUD final site plan approval. In requesting an extension, the applicant shall provide the reason(s) it is requesting the proposed extension.

4.

Upon expiration of a PUD plan or PUD final site plan, the planning commission may conduct a public hearing and make a recommendation to rezone the property to its original designation or other district as deemed appropriate.

D.

Appeals and variances. The board of zoning appeals shall not have jurisdiction to consider variances from the requirements of this chapter, nor may decisions related to a PUD be appealed to board of zoning appeals.

E.

Performance guarantees. The city council may, to ensure strict compliance with any requirement contained in this chapter, require the applicant for PUD rezoning to furnish a performance guarantee such as a cash deposit, certified check, irrevocable letter of credit, or surety bond acceptable to the city attorney, executed by a company authorized to do business in the state of Michigan in an amount determined by the city council to be reasonably necessary to ensure compliance with the requirements of this chapter. In fixing the amount of guarantee, the city council shall take into account the size and scope of the proposed project, the phasing of the project, the probable cost of rehabilitating the property upon default by the applicant, the estimated expenses to compel compliance by court decree, and such other factors and conditions as might be relevant in the light of all facts and circumstances surrounding the application.

(Ord. No. 18-06, § 1, 11-19-18)