Manchester City Zoning Code
PLANNED UNIT
DEVELOPMENT DISTRICTS
§ 151.125 PURPOSE AND INTENT.
Planned unit development (PUD) district regulations are intended to provide for various types of land uses planned in a manner which shall encourage the use of land in accordance with its character and adaptability; conserve natural resources and energy; encourage innovation in land use planning; provide enhanced housing, employment, shopping, traffic circulation, and recreational opportunities for the people of the village; and bring about a greater compatibility of design and use. The provisions of §§ 151.125 et seq. provide enabling authority and standards for the submission, review, and approval of applications for planned unit developments.
(Ord. 239, passed 3-5-2001, § 7.1)
§ 151.126 PUD REGULATIONS.
(A) A planned unit development (PUD) may be applied for in any zoning district. The grant of a planned unit development application shall require a rezoning by way of amendment of this chapter upon the recommendation of the Planning Commission and approval of the Village Council.
(B) Any land use authorized in this chapter may be included in a planned unit development, subject to adequate public health, safety, and welfare protection mechanisms being designed into the development to ensure the compatibility of varied land uses both within and outside the development
(C) The applicant for a planned unit development mast demonstrate all of the following criteria as a condition to being entitled to planned unit development treatment.
(1) Grant of the planned unit development will result in 1 of the following:
(a) A recognizable and material benefit to the ultimate users of the project and to the community, where the benefit would otherwise be unfeasible or unlikely to be achieved without application of the planned unit development regulations;
(b) Long-term protection and preservation of natural resources and natural features of a significant quantity and/or quality, where the benefit would otherwise be unfeasible or unlikely to be achieved without application of the planned unit development regulations; or
(c) A nonconforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.
(2) The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, streets, and utilities.
(3) The proposed development shall be consistent with the public health, safety, and welfare of the village.
(4) The proposed development shall not result in an unreasonable negative environmental impact on the subject site or surrounding land.
(5) The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.
(6) The proposed development shall be under single ownership and/or control so that there is a single person having responsibility for completing the project in conformity with this chapter.
(7) The proposed development shall be consistent with the goals and policies of the general development plan.
(Ord. 239, passed 3-5-2001, § 7.2) Penalty, see § 151.999
§ 151.127 PROCEDURE FOR REVIEW.
(A) Preapplication conference. Prior to the submission of an application for planned unit development approval, the applicant shall meet with the Zoning Administrator, together with any staff and consultants the Administrator deems appropriate. The applicant shall present at the conference, or conferences, at least a sketch plan of the proposed planned unit development, as well as the following information:
(1) Total number of acres in the project;
(2) A statement of the number of residential units, if any;
(3) The number and type of nonresidential uses;
(4) The number of acres to be occupied by each type of use;
(5) The known deviations from ordinance;
(6) Regulations to be sought;
(7) The number of acres to be preserved as open or recreational space; and
(8) All known natural resources and natural features to be preserved.
(B) Preliminary plan.
(1) Generally. Following the preapplication conference, the applicant shall submit a preliminary site plan of the proposed planned unit development. The preliminary site plan shall be prepared in accordance with the standard set forth in § 151.023(C). A narrative report shall accompany the site plan providing a description of the project, discussing the market concept and feasibility of the project, and explaining the manner in which the criteria set forth in § 151.125 have been met.
(2) Planning Commission action. The preliminary plan shall be noticed for public hearing as a zoning amendment before the Planning Commission. Following the hearing, the Planning Commission shall review the preliminary site plan and shall take 1 of the following actions.
(a) Approval. Upon finding that the preliminary plan meets the criteria and standards set forth in §§ 151.125 and 151.126, the Planning Commission shall grant preliminary approval. Approval shall constitute approval of the uses and design concept as shown on the preliminary plan and shall confer upon the applicant the right to proceed to preparation of the final plan. Approval of the preliminary plan by the Planning Commission shall not constitute rezoning of the property to PLTD nor bind the Village Council to approval of the final plan.
(C) Final plan. Within 6 months following receipt of the Planning Commission comments on the preliminary plan, the applicant shall submit a final plan and supporting materials conforming with this section. If a final plan is not submitted by the applicant for final approval within 6 months following receipt of Planning Commission comments, the preliminary plan approval becomes null and void.
(1) Information required. A final site plan and application for a PUD shall contain the following information:
(a) A site plan meeting all requirements of § 151.023(D);
(b) A separately delineated specification of all deviations from this chapter which would otherwise be applicable to the uses and development proposed in the absence of §§ 151.125 et seq.;
(c) A specific schedule of the intended development and construction details, including phasing or timing;
(d) A specific schedule of the general improvements to constitute a part of the development, including, without limitation, lighting, signage, the mechanisms designed to reduce noise, utilities, and visual screening features;
(e) A specification of the exterior building materials with respect to the structures proposed in the project; and
(f) Signatures of all parties having an interest in the property.
(2) Planning Commission action. The final plan shall constitute an application to amend this chapter, and shall be noticed for public hearing as a zoning amendment before the Planning Commission, and otherwise acted upon by the Planning Commission, and the Village Council, as provided by law.
(c) Denial. Upon finding that the final plan does not meet the criteria and standards set forth in §§ 151.125 and 151.126, the Planning Commission shall recommend denial to the Village Council. The Planning Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the planned unit development project, including, without limitation, recommendations with respect to matters on which the Village Council must exercise discretion.
(3) Village Council action. Upon receiving a recommendation from the Planning Commission, the Village Council shall review the final plan. Taking into consideration the recommendations of the Planning Commission and the criteria and standards set forth in §§ 151.125 and 151.126, the Village Council shall approve, table, or deny the final plan. Prior to approval of a final plan, the Village Council shall require all standards and conditions of approval to be incorporated in a development agreement. The agreement shall be prepared by the Village Attorney, approved by the Village Council, and signed by both the village and the applicant.
(Ord. 239, passed 3-5-2001, § 7.3) Penalty, see § 151.999
§ 151.128 PROJECT DESIGN STANDARDS.
(A) Residential design standards.
(1) Residential density shall not be greater than the maximum density permitted in the zoning district in which the property is situated immediately prior to classification under §§ 151.125 et seq.
(2) Additional density for residential uses may be allowed in the discretion of the Village Council upon the recommendation of the Planning Commission and based upon a demonstration by the applicant of consistency with the general development plan and of planning and design excellence resulting in a material benefit to the village, adjacent land uses, and/or the ultimate users of the project, where the benefit would otherwise be unlikely to be achieved without the application of the PUD regulations, including, without limitation, innovative design producing significant energy efficiency, pedestrian or vehicular safety, long-term aesthetic beauty, and protection and preservation of natural resources and features.
(B) Nonresidential design standards.
(1) Nonresidential uses may be permitted in combination with other nonresidential uses or as part of a common development with residential uses.
(2) The nonresidential uses, including parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles.
(C) General design standards.
(1) (a) All regulations applicable to setbacks, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the development based upon zoning districts in which the use is listed as a principal permitted use. In all cases, the strictest provisions shall apply.
(b) Notwithstanding division (C)(1)(a) above, deviations with respect to the regulation may be granted as part of the overall approval of the planned unit development, provided there are features or elements demonstrated by the applicant and deemed adequate by the Village Council upon the recommendation of the Planning Commission designed into the project plan for the purpose of achieving the objectives of §§ 151.125 et seq.
(2) To the maximum extent feasible, the development shall be designed so as to preserve the natural resources and natural features. The benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state, and national concern for the protection and preservation of the natural resources or features and the following criteria:
(a) The availability of feasible and prudent alternative methods of accomplishing any development;
(b) The extent and permanence of the beneficial or detrimental effects of the proposed activity; and
(c) The size, quality, and rarity of the natural resources or natural features which would be impaired or destroyed.
(3) There shall be a perimeter setback and berming, as found to be necessary by the village, for the purpose of buffering the development in relation to surrounding properties. If the planned unit development project includes nonresidential uses adjacent to a district authorizing residential uses, and/or if the project is larger than 1 acre in area, the perimeter setback shall be established with a dimension from the property line of up to 100 feet in the discretion of the Village Council, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.
(4) Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.
(5) There shall be underground installation of utilities, including electricity, and telephone, as found necessary by the village.
(6) Pedestrian walkways shall be separated from vehicular circulation, as found necessary by the village.
(7) Signage, lighting, landscaping, building materials for the exterior of all structures, and other features of the project shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.
(8) Where nonresidential uses adjoin off-site residentially-zoned property, noise reduction and visual screening mechanisms such as earthen and/or landscape berms and/or decorative walls, shall be employed. The village, in its discretion, shall review and approve the design and location of the mechanisms.
(9) The Village Council, upon the recommendation of the Planning Commission, shall resolve all ambiguities as to applicable regulations using the zoning code, general development plan, and other village standards or policies as a guide.
(Ord. 239, passed 3-5-2001, § 7.4) Penalty, see § 151.999
§ 151.129 CONDITIONS.
(A) Reasonable conditions may be required with the approval of a planned unit development, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner.
(B) Conditions imposed shall be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole; reasonably related to the purposes affected by the planned unit development; and, necessary to meet the intent and purpose of this chapter, and be related to the objective of ensuring compliance with the standards of this chapter. All conditions imposed shall be made a part of the record of the approved planned unit development.
(Ord. 239, passed 3-5-2001, § 7.5) Penalty, see § 151.999
§ 151.130 PHASING AND COMMENCEMENT OF CONSTRUCTION.
(A) Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the planned unit development and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the Village Council after recommendation from the Planning Commission.
(B) Commencement and completion of construction. To ensure completion of required improvements, the village is authorized to impose performance guarantees in accordance with § 151.026. Construction shall be commenced within 1 year following final approval of a planned unit development and shall proceed substantially in conformance with the schedule set forth by the applicant, as required by § 151.126(C). If construction is not commenced within the time, any approval of a site plan on the project shall expire and be null and void, provided, an extension for a specified period may be granted by the Village Council upon good cause shown if the request is made to the Village Council prior to the expiration of the initial period. Moreover, in the event a site plan has expired, the Village Council, based on a recommendation from the Planning Commission, shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new application shall be required, and shall be reviewed in light of then existing and applicable law and ordinance provisions.
(Ord. 239, passed 3-5-2001, § 7.6) Penalty, see § 151.999
§ 151.131 EFFECT OF APPROVAL.
When approved, the planned unit development amendment, with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with the amendment. Notice of adoption of the final PUD plan and conditions shall be recorded by the applicant at the Washtenaw County Register of Deeds, evidence of which shall be supplied to the Zoning Administrator.
(Ord. 239, passed 3-5-2001, § 7.7)