The Planned Unit Development (PUD) concept is intended to provide a greater degree of flexibility in the regulation of land development and the arrangement of uses. Through this option, more creative approaches to development can be utilized which take advantage of the special characteristics of the land, which would otherwise not be possible through the strict enforcement of the Ordinance. The specific objectives of this article are to:

1.

Encourage innovation in land use and creative reuse or redevelopment; variety in design, layout and type of structures constructed; while preserving the intent and integrity of the City Master Plan.

2.

Achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities.

3.

Encourage the provision of useful open space.

4.

Permit flexibility in the placement, lot area, uses, and building type regulations, while assuring the application of sound site planning standards.

Three types of overlay PUDs are provided in this article: General PUD, Railroad PUD, and Riverfront PUD. Each type is required to meet the Qualifying Conditions in Section 12.2 and standards of Section 12.3, which apply simultaneously, or replace, standards of the underlying zoning district.

Establishment of a PUD shall be considered a Zoning Ordinance amendment creating a PUD District overlaying the existing zoning district. Except in the Railroad or Riverfront PUD, if, for any reason, the General PUD is not built, the underlying or original zoning district prevails.

(ord. eff. April 24, 2021)

A.

General requirements. The Planned Unit Development (PUD) regulations that follow shall be applied to the initiation and regulation of all Planned Unit Development projects. Where there are conflicts between the PUD regulations herein and general zoning, subdivision, or other regulations or requirements, these regulations shall apply for the PUD project. Where the City Commission shall find, in the particular case and upon recommendation of the Planning Commission, that provisions herein do not serve the public purpose to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements, the City may apply such standard requirements of the Zoning Ordinance, Land Division Ordinance or other standard regulations.

B.

Single Ownership or Control. The planned unit development site shall be under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.

C.

Initiated by Petition. A PUD zoning classification may be initiated only by a petition or by the City.

D.

Availability and capacity of public services. The proposed type and design of use shall not result in an unreasonable increase in the use of public services and/or facilities, and shall not unreasonably diminish utility capacities.

E.

Compatibility with the master plan. The proposed PUD shall be compatible with the overall goals and recommendations of the City of Mount Clemens Master Plan.

F.

Compatibility with the PUD purpose. The proposed PUD shall be consistent with the purpose and intent of this chapter.

G.

Development impact. The proposed PUD shall not impede the continued use or development of surrounding properties for uses that are permitted in this article.

H.

Applicability. A property meeting the conditions of this section may be rezoned to an appropriate PUD District based on the following locational criteria:

1.

Railroad PUD. Properties included in the Railroad PUD Overlay as designated on the zoning map shall be eligible to develop in accordance with the standards of this Article. As designated on the zoning map, the industrial, residential, and mixed-use areas to the east of the Grand Trunk Railroad.

2.

Riverfront PUD. As designated on the zoning map, the central business, mixed-use, industrial, and residential areas adjacent to the Clinton River.

3.

General PUD. All other areas of the City not designated for Railroad or Riverfront PUD.

I.

Benefits. The PUD site plan shall provide one or more of the following benefits not possible under the standards of another zoning district, as determined by the Planning Commission:

1.

preservation of significant natural or historic features;

2.

a complementary mixture of uses or a variety of housing types;

3.

common open space for passive or active recreational use;

4.

mitigation to offset impacts; or,

5.

redevelopment of a nonconforming site where creative design can address unique site constraints.

(ord. eff. April 24, 2021)

Rezoning of property to an appropriate PUD District shall be based on the standards contained in this Article and appropriate standards contained elsewhere in this ordinance. The following standards shall be specific to each type of PUD:

A.

PUD Uses.

1.

All uses permitted on a site under the existing zoning districts for the site shall be permitted in the PUD project. The uses identified in the table below supplement the uses permitted in their respective zoning districts. All such uses shall be subject to site plan approval.

2.

All special land uses which may be considered for a site under the existing zoning district may be considered in the PUD project. All special land uses shall only be approved as part of a PUD upon a finding that the use or uses are consistent with all applicable special land use requirements and standards of Article 13 of the Zoning Ordinance.

B.

PUD Site Design and Building Standards

All development in PUDs shall provide the following, as applicable:

1.

Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, facilities for waste disposal;

2.

Arrangement of buildings, vehicular circulation and open spaces so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic;

3.

Adequate amount and proper location of pedestrian walks, landscaped areas, and public transportation loading places to separate from general vehicular circulation facilities;

4.

Arrangement and orientation of buildings and location of off-street parking areas so as to minimize impacts on adjacent properties;

5.

Proper arrangement of signs and lighting devices with respect to traffic control devices and adjacent residential districts to minimize hazardous distraction, glare, and reduce visual clutter;

6.

Adequate amount and safe location of play areas for children and outdoor green or gathering spaces that contribute to the city's network of green infrastructure and walkable placemaking opportunities;

7.

Adequate consideration for the access needs of residents with disabilities;

8.

Adequate identification of buildings, particularly in developments where two or more buildings use one street address or where two or more buildings are located on private street or drives.

9.

Only high-quality, durable building materials, such as brick or stone, shall be used on facades visible from the street or parking lot. Any other building materials shall be approved by the Planning Commission.

10.

An entrance shall provide a clear, obvious, publicly accessible connection between the street and the primary use within the building.

11.

The site shall be suitable for development in the manner proposed, without hazards to persons or property, on or off the tract, from probability of flooding, erosion or other dangers, annoyances, or inconvenience. Condition of soil, ground water level, drainage and topography shall all be appropriate to both type and pattern of use intended.

12.

Where setback criteria is not clearly provided within this subsection, the setbacks from the zoning district governing the subject use shall apply. In all cases, the Planning Commission may modify the required perimeter and interior setbacks upon a finding of one of following:

a.

adequate buffering exists between uses.

b.

other open space offered on the site will serve the intent of the setback.

c.

a mixed-use has been provided and no setbacks are established.

d.

layout, scale and architectural design are integrated into a compatible development scheme.

C.

General PUD

1.

Intent. The intent of applying the above standards as a General PUD is to promote unified redevelopment of shopping centers, and former institutional sites such as schools and churches.

2.

Applicability. A General PUD can be applied anywhere in the city that is not designated as a Railroad or Riverfront PUD on the zoning map.

D.

Railroad PUD

1.

Intent. The intent of the Railroad PUD is to integrate a flexible mixture of uses into historically industrial areas. The Railroad PUD overlay generally are areas transitioning from older industrial and auto-oriented uses with pockets of residential to higher density modern infill and adaptive reuse that respects the adjacent residential neighborhoods. These areas are characterized by an eclectic mixture of live/work, office, residential, and lower intensity industrial uses in a warehouse setting that complement, but do not compete with, the CBD.

2.

Dimensional Standards.

a.

The City may grant flexibility in underlying zoning dimensional standards where necessary to allow for innovative design in redeveloping a site and where a clear public benefit is being derived.

b.

Siting, area, and bulk standards shall be flexible based on the underlying zoning, the intended use, and the context of remaining buildings adjacent to the subject site to encourage flexibility and creativity consistent with the intent of the PUD.

c.

The maximum height in a Railroad PUD shall be 3 stories.

3.

Siting and Site Design.

a.

Industrial adjacent to single-family residential shall be setback 25' and screened according to Section 9.2.

b.

Site design and landscaping shall diminish the prominence of parking lots as viewed from public streets.

c.

New buildings are encouraged to front the sidewalk to encourage a walkable neighborhood character.

4.

Access and Parking.

a.

Limited front yard parking, if so, screened from the sidewalk and street.

b.

Garages are preferred to be side or rear-located.

c.

To encourage a true integration of mixed uses and improved efficiency in land use, the Planning Commission may permit the overlap in parking requirements between uses that have alternating peak-parking demands or where the mixture of uses on a site would result in multi-purpose trips. Approval for the parking reduction shall be based upon documentation submitted by the applicant indicating the types of uses, intensity and characteristics of the parking demands for such uses.

E.

Riverfront PUD

1.

Intent. The Riverfront PUD is intended to provide a safe and vibrant riverfront with a mixture of uses. The intent of the Riverfront District is to integrate the development of water-oriented, recreational and boating facilities, accessory retail and service uses with residential uses that maximize the use and views of the riverfront.

2.

Dimensional Standards.

¹

If buildings on both waterfront lots adjoining the vacant subject waterfront lot are set back less than 20 but more than ten feet from the water's edge, the setback may be reduced to the average setback of those buildings. If one of those lots is vacant and the other occupied by a building which is set back less than 20 feet from the water's edge, the setback may be reduced to the average setback of that dwelling and 20-foot setback required by this section, though in no instance shall the setback be less than ten feet.

Michigan Department of Environmental Quality (MDEQ) flood plain regulations, Army Corps of Engineers regulations and standards applicable to the construction of buildings and establishment of uses in coastal zone management areas administered by the MDEQ land and water management division and other state and federal regulations may require greater setbacks than required by this section above. In such cases, those agencies' regulations and standards shall apply.

3.

Access and Parking. Parking shall not be located between a building and the riverfront. Any parking fronting a street shall be screened from the sidewalk.

(ord. eff. April 24, 2021)

The application process for a PUD involves a three (3) step process including review of a preliminary (conceptual) site plan by both the Planning Commission and City Commission. Upon approval of the preliminary plan, a final site plan shall be reviewed by the Planning Commission. The procedures are described below.

A.

Prior to filing an application for a Planned Unit Development, a pre-application conference shall be held with the Community Development Department at which time consideration of basic site information and sketch plans will be discussed. If the project is to be developed in phases, the pre-application conference shall include a discussion of each development phase and an anticipated timetable for development. Following the pre-application conference, a planned unit development application shall be prepared and submitted by the applicant.

B.

The applicant shall prepare and submit to the City Clerk fifteen (15) copies of a preliminary PUD site plan for a PUD, meeting the requirements of Section 12.5 Preliminary PUD Site Plan Submittal Requirements, at least thirty (30) days prior to the meeting at which the Planning Commission shall first review the request; twenty-one (21) days for an applicant who has had a pre-application workshop on the proposal within sixty (60) days of the preliminary PUD site plan submittal. The Zoning Administrator shall promptly transmit this plan to the members of the Planning Commission.

The Planning Commission shall review the preliminary PUD site plan and shall conduct a public hearing in accordance with State Law. During this review, the Planning Commission may request additional materials supporting the PUD proposal, or recommend modifications or conditions based on the standards of Section 12.6 Preliminary PUD Standards for Approval. The Planning Commission shall then, within sixty (60) days of the submittal, make a recommendation on the preliminary PUD site plan to the City Commission. The applicant shall incorporate these modifications or conditions recommended by Planning Commission prior to the review by the City Commission.

C.

Following receipt of the Planning Commission recommendations, the City Commission shall conduct a public hearing on the preliminary PUD site plan and petition. Notice and procedures for public hearings for PUD's shall be as required under State Law. The City Commission shall take final action on said plan and petition within ninety (90) days of the date it receives a report from the Planning Commission or such reasonable extension of time as may be necessary for adequate review.

D.

If any conditions are imposed upon the approval of the preliminary PUD site plan by the City Commission, a list of those conditions shall be made part of the approval and shall be reflected in the final PUD site plan.

E.

Approval of the preliminary PUD site plan by the City Commission shall confer upon the owner the right to proceed through the subsequent PUD plan review phases for a period not to exceed three (3) years from date of approval. This period may be extended by the City Commission for one (1) additional three (3) year period.

The applicant shall submit fifteen (15) copies of detailed final site plans to the City Clerk, as described in Section 12.8 Standards for Approval of Final Site Plan, for all, or any phase of, the approved preliminary PUD site plan at least thirty (30) days prior to the Planning Commission meeting at which the Planning Commission shall first review the request.

F.

Upon submission of all required materials and fees, the Planning Commission shall review the final PUD site plan and shall approve, deny, or approve with conditions, in accordance with the standards and regulations of this Zoning Ordinance and for consistency with the preliminary PUD site plan.

G.

If the final PUD site plan was approved with conditions, the applicant shall submit a revised site plan to the Zoning Administrator in accordance with Section XX.XX Projects Eligible for Sketch Plan Review and Administrative Approval for approval prior to the issuance of any building permits.

H.

If the approved preliminary PUD site plan indicated that the proposed development was to occur in phases, final site plan approval may be granted on each phase of the development, provided that each phase contains all the necessary components to insure protection of significant natural, historical, and architectural features, and the health, safety, and welfare of the users of the PUD and the residents of the surrounding area. Subsequent phases shall also follow the process for final PUD site plan outlined in this Article.

(ord. eff. April 24, 2021)

The applicant shall submit the required number of prints of the preliminary PUD site plan to the Planning Commission. The preliminary PUD site plan shall contain, in addition to the requirements of Article 11, the following:

1.

A boundary survey by a registered civil engineer or land surveyor of the exact acreage being requested for development.

2.

A preliminary site plan for the entire parcel carried out in such detail as to indicate the functional uses being requested (residential, commercial, resort, golf, research, office, etc.); the densities and dwelling types being proposed; the proposed phases of development; the traffic circulation plan and street network; pedestrian circulation; and sites being reserved for parks, open space, public or semi-public land uses; type, location, height, bulk and capacity of buildings or structures; and, automobile parking and loading.

3.

A written document detailing the community impact statement, suitability of the site, population densities, parking ratios, traffic generation, traffic impact analysis, and development schedule of buildings, units and uses supporting the proposed development or this phase of the development.

4.

The preliminary plans for public water, sanitary sewer and water facilities.

(ord. eff. April 24, 2021)

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.

1.

The planned unit development meets the qualification requirements.

2.

The uses proposed shall have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one which could not be achieved under the regulations of the underlying district alone, or that of any other zoning district.

3.

The planned unit development is generally consistent with the goals, objectives and land use map of the Master Plan.

4.

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

5.

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

6.

Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site is provided. Roads and driveways shall comply with the Subdivision Ordinance, Macomb County Road Commission standards and the private road regulations of Article 10, as applicable. 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. The site shall provide for inter-connection of roads and the future integration of circulation between adjacent sites.

7.

Common open space shall be provided including natural areas, community greens, plazas and recreation areas. The open space and all other elements shall be in an appropriate location, suitably related to each other, the site and surrounding lands. The common open space may either be centrally located along the road frontage of the development, located to preserve significant natural features, or located to connect open spaces throughout the development. Connections with adjacent open space, public land or existing or planned pedestrian/bike paths may be required by the City. Grading in the open space shall be minimal, with the intent to preserve existing significant topographic features, where such resources exist.

8.

Building design shall be of a high quality.

9.

Any deviations from the applicable zoning regulations are reasonable and meet the intent of this Article.

(ord. eff. April 24, 2021)

The final PUD site plan shall include all the following information, unless the Zoning Administrator determines that some of the required information is not reasonably necessary for the consideration of the PUD:

A.

All information required for site plan submittal in accordance with Section 11.3 Site Plan and Sketch Plan Review Procedures.

B.

Any additional graphics or written materials requested by the Planning Commission to assist in determining the impacts of the proposed site plan, including, but not limited to, economic or market studies; impact on public utilities; traffic impacts; impact on significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property; and estimated construction cost.

C.

A report identifying all property owners within the area of the proposed district and giving evidence of unified control of its entire area. The report shall state agreement of all present property owners and/or their successors in title:

1.

To proceed with the proposed development according to the regulations in effect when the amendment creating the PUD District is passed, with all modifications as are set by the City Commission in such action;

2.

To provide bonds, dedications, guarantees, agreements, contracts and deed restrictions acceptable to the City Commission for completion of each separate phase of development according to the approved plan; and for continuing operation and maintenance of such areas, facilities and services as are not to be provided, operated or maintained at general public expense; and such dedications, contributions or guarantees as are required for provision of needed public facilities and services; and

3.

To bind further successors in title to any commitments made above.

D.

A proposed written Development Agreement specifying all the terms and understanding of the PUD development including:

1.

A survey of the acreage comprising the proposed PUD.

2.

All conditions upon which the PUD approval is based, with reference to the approved preliminary PUD plan and a description of all deviations from City regulations which have been requested and approved.

3.

The manner of ownership of the developed land.

4.

The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space.

5.

Provisions assuring that those open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose; the City may require conveyances or other documents to be placed in escrow to accomplish this.

6.

Satisfactory provisions have been made to provide for the future financing of any improvements shown on the plan for site improvements, open space areas, and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the City Commission.

7.

The cost of installing and maintaining all streets and the necessary utilities has been assured by a means satisfactory to the City Commission.

8.

Provisions to ensure adequate protection of natural features and assurance for replacement of any trees and woodlands.

9.

Any other concerns raised by the Planning Commission or City Commission regarding the construction and maintenance of the PUD.

10.

The preliminary PUD plan shall be incorporated by reference and attached as an exhibit.

E.

A written draft of PUD Design Guidelines specific to the PUD. Such document shall include provisions for site layout, access, vehicular and pedestrian circulation, parking, screening, building design and architecture, landscaping, open space, lighting, and signage. The Design Guidelines shall also include any variations to the dimensional standards of this Ordinance, such as density, lot sizes, setbacks, height limits, required facilities, buffers, open space, permitted sign area, and other similar dimensional standards.

(ord. eff. April 24, 2021)

The Planning Commission shall use the standards for approval of Section 11.2, Uses Requiring Site Plan Review, and any design requirements developed specifically for the PUD by the City Commission, in reviewing the final PUD site plan.

(ord. eff. April 24, 2021)

A.

Deviations following approval: Deviations following approval of the Final PUD Site Plan may occur only when an applicant or property owner who was 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. The request shall be received prior to initiation of any construction in conflict with the approved Final PUD Site Plan.

B.

Procedure: The Zoning Administrator shall determine whether the change is major, warranting review by the Planning Commission, or minor, allowing administrative approval, as noted below.

C.

Minor changes: The Zoning Administrator may approve the proposed revision upon finding the change would not alter the basic design nor any conditions imposed upon the original plan approval by the Planning Commission. The Zoning Administrator shall inform the Planning Commission of such approval in writing. The Zoning Administrator shall consider the following when determining a change to be minor.

1.

For residential buildings, the size of structures may be reduced; or increased by five percent (5%), provided the overall density of units does not increase and the minimum square footage requirements are met.

2.

Gross floor area of non-residential buildings may be decreased; or increased by up to five percent (5%) or 10,000 square feet, whichever is smaller.

3.

Floor plans may be changed if consistent with the character of the use.

4.

Horizontal and/or vertical elevations may be altered by up to five percent (5%).

5.

Relocation of a building by up to five (5) feet, if consistent with required setbacks and other standards.

6.

Designated "Areas not to be disturbed" may be increased.

7.

Plantings approved in the Final PUD Landscape Plan may be replaced by similar types of landscaping on a one-to-one or greater basis. Any trees to be preserved which are lost during construction may be replaced by at least two (2) trees of the same or similar species.

8.

Improvements or slight relocation of site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.

9.

Changes of building materials to another of higher quality, as determined by the Zoning Administrator.

10.

Slight modification of sign placement or reduction of size.

11.

Internal rearrangement of parking lot which does not affect the number of parking spaces or alter access locations or design.

12.

Changes required or requested by the City, County or state for safety reasons.

D.

Major Changes: Where the Zoning Administrator determines the requested amendment to the approved Final PUD Site Plan is major, resubmittal to the Planning Commission shall be required. Should the Planning Commission determine that the modifications to the Final PUD Site Plan significantly alter the intent of the Preliminary PUD Site Plan, a revised Preliminary PUD Site Plan shall be submitted according to the procedures outlined in Section 12.5 Preliminary PUD Site Plan Submittal Requirements illustrating the modification shall be required.

(ord. eff. April 24, 2021)