The purpose of the PUD district is to permit coordinated development on larger sites in order to achieve the following:

A.

Permit flexibility in the regulation of land development allowing for higher quality of projects through innovation in land use, variety in design, layout, and type of structures constructed.

B.

Provide the opportunity to mix compatible uses or residential types.

C.

Allow clustering of residential units to preserve common open space, or natural features.

D.

Ensure compatibility of design and function between neighboring properties.

E.

Promote efficient provision of public services, utilities and transportation facilities.

F.

Provide convenient vehicular access throughout a development and minimize adverse traffic impacts.

G.

Provide complete non-motorized circulation to, from and within developments.

H.

Provide adequate housing and employment opportunities.

I.

Encourage development of convenient recreational facilities as an integral part of residential developments.

J.

Ensure the type, scale and mass of uses and structures will relate harmoniously to each other and to adjoining existing and planned uses.

K.

Encourage development that is consistent with the goals stated within the City of Muskegon Heights Master Plan.

These planned unit development regulations are not intended to be used for circumventing the more specific standards and requirements of this ordinance, or the planning upon which they are based. Rather, these provisions are intended to result in development that is substantially consistent with the zoning requirements as generally applied to the proposed uses, but with specific modifications that, in the judgment of the city, assure a superior quality of development. If this improved quality is not clearly apparent upon city review, a site shall not qualify for the modifications allowable under this chapter.

(Ord. No. 19-635, 9-23-19)

A.

To be eligible for planned unit development approval, the applicant shall demonstrate that all of the following criteria will be met:

1.

The PUD shall provide one or more of the following benefits not possible under the requirements of another zoning district:

a.

Preservation of significant natural features or historic resources.

b.

Preservation of open space.

c.

A complementary mixture of uses or a variety of housing types.

d.

Common open space for passive or active recreational use.

e.

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

2.

Landowners involved in a proposed planned unit development shall provide to the city a signed agreement among all involved parties, which is approved by the city's attorney that indicates all such landowners' agreement with the PUD development.

3.

When proposed construction is to be phased, the project shall be designed in a manner that allows a phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of users of the open space community and the residents of the surrounding area.

(Ord. No. 19-635, 9-23-19)

An application meeting the eligibility criteria may be rezoned to the PUD district based on the requirements shown in the following table and appropriate requirements contained elsewhere in this ordinance. The rezoning shall be concurrent with the approval of a preliminary PUD plan. The PUD designation shall be noted in the application and on the official zoning map upon approval.

The planning commission shall make a recommendation to the city council, regarding a list of permitted uses that shall be finalized by the city council and incorporated as part of the PUD agreement, based upon the provisions of the following table and this chapter.

(Ord. No. 19-635, 9-23-19)

A.

The purpose of the RPUD is to promote neighborhood development which provides a variety of single-family housing opportunities in addition to small scale multiple family uses. RPUD developments are intended to integrate pedestrian and cyclist links among neighborhoods and to public facilities.

B.

To encourage flexibility and creativity consistent with the intent of the PUD, the city council (upon recommendation of the planning commission) shall determine appropriate lot dimensions and building and lot requirements. In no case, however, shall the overall lot dimensions or yard requirements be less than 50 percent of the zoning district that the use(s) would be placed in without a PUD.

C.

The PUD may also include any special land uses permitted in the R-1 zoning district. The list of allowed uses shall be established in the PUD agreement.

D.

Design standards.

1.

Public dead-end or cul-de-sac streets are to be discouraged; however, they are acceptable on private streets. Eyebrow, court, or stub streets are preferred for public streets.

2.

Where adjoining areas are not subdivided, the arrangement of streets within the proposed RPUD shall be required to be extended to the boundary line of the project to make provision for the future projection of streets into adjoining areas.

3.

The planning commission may recommend and the city council may require that the development provide such amenities as bus stops or bus turnouts.

4.

Open space areas shall adhere to the requirements of section 9.07.

5.

See also chapter 13 for appropriate development standards.

E.

Adaptive reuse PUDs (see table following).

The intent of pre-zoned planned unit development (PUD) districts is to facilitate the appropriate redevelopment of sites that may no longer be needed for their original purpose, yet they have great potential for adaptive reuse. In particular, is the desire of the city to redevelop historic schools because of their importance to community character and their role in "place making". Excess land on school campuses may be utilized for certain kinds of housing, but it is the desire of the city to maintain outdoor playground areas for residents.

School structures are hereby declared to meet the design standards of section 7.06.

(Ord. No. 19-635, 9-23-19)

A.

A mixed-use PUD shall include a mixture of uses that are considered to be consistent with the master plan. A minimum of 40 percent of the PUD land area shall be occupied by residential or recreational uses. The list of uses allowed shall be established in the PUD approval.

B.

To encourage flexibility and creativity consistent with the intent of the PUD, the planning commission shall make a recommendation and the city council shall determine the appropriate lot dimensions and building and yard requirements. In no case, however, shall the overall lot dimensions or yard requirements be less than 50 percent of the zoning district that the use(s) would be placed in without a PUD.

C.

Site design standards.

1.

The applicant shall demonstrate that the proposed lot dimensions and building and yard requirements shall result in a higher quality of development than would be possible using conventional zoning standards.

2.

Dead-end or cul-de-sac streets serving the development are discouraged. Eyebrow, court, or stub streets are preferred.

3.

Where adjoining areas are not subdivided, the arrangement of streets within the proposed MPUD may be required to be extended to the boundary line of the project to make provision for the future projection of streets into adjoining areas.

4.

To encourage a true integration of mixed uses and improved efficiency in land use, the overlap in parking requirements may be permitted between uses that have alternating peak-parking demands or where the mixture of uses on a site would result in multi-purpose trips.

5.

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

6.

The planning commission may recommend, and the city council may require, that the development provide amenities such as bus stops or bus turnouts.

7.

Open space areas shall adhere to the requirements of section 9.07.

8.

Building design shall meet the standards of the underlying district.

D.

Driveway access and circulation.

1.

Access may be limited to one major entrance along any major street, excluding any entrance designed solely for truck traffic. Additional access points shall only be considered if spaced at least 500 feet apart and a traffic impact study is provided to the city that demonstrates overall traffic operations and safety will be improved.

2.

Main access points shall be spaced from existing signalized intersections to ensure proper spacing and efficient flow of traffic if the main access point might be signalized in the future.

3.

The site design shall direct traffic flow to use the main access points. Stacking or queuing depth at site access points shall be sufficient to accommodate expected peak hour volumes without conflict to inbound or internal circulation. Interior drives shall provide adequate circulation between uses.

4.

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

(Ord. No. 19-635, 9-23-19)

A.

All PUDs shall meet the following requirements for open space.

1.

Designated open space shall be set aside through an irrevocable conveyance, approved by the city attorney, such as a recorded deed restriction, covenants that run perpetually with the land, a conservation easement, or dedication to a land trust. The dedicated open space shall forever remain open space, subject only to uses on the approved site plan. Further use of open space for other than recreation or conservation purposes, except for easements for utilities, shall be strictly prohibited. Any change in use of the open space from what is shown on the approved site plan shall require city council approval, and shall not diminish compliance with the requirements of this chapter.

2.

Nothing herein shall prevent the conveyance of open space to a public agency or other nonprofit entity for recreational or conservation use.

3.

The designated open space shall be of functional value as it relates to opportunities for wildlife habitat, woodland preservation, agricultural use, recreation, visual impact, and access.

4.

The open space and access to it shall be permanently marked and designed so individuals in the development need not trespass to reach recreational or common open spaces.

5.

The following land areas shall not be included or counted as dedicated open space for the purposes of meeting minimum open space requirements:

a.

Area proposed as residential lots.

b.

Area proposed to be occupied by multiple family dwellings, including the minimum required setbacks around buildings.

c.

The area of any street right-of-way or private street easement.

d.

Surface water, detention or retention basins, unless designed to have the appearance of a natural wetland, in which case they may be counted for up to 50 percent of the required open space.

e.

Parking and loading areas except those exclusively associated with a recreation facility or common open space area.

f.

Open water.

g.

Any other undeveloped areas not meeting the intent and standards for open space stated in this section, as determined by the planning commission.

6.

On-site common open space shall be planned in locations visible and accessible to all in the development. The planning commission shall determine if the proposed open space is usable and functional. The common open space may either be centrally located, located to preserve natural features, located to buffer adjacent uses, or located to connect open spaces throughout the development, provided the following areas shall be included within the open space area:

a.

Any significant natural features.

b.

At least one-third of the required common open space shall be usable open space for the residents of the development.

c.

Open space, except for where trails and bike paths are located, shall have minimum dimensions of 100 feet on any side.

d.

Where an open space preservation development abuts a body of water, at least 50 percent of the shoreline, as well as reasonable access to it, shall be a part of the common open space land.

e.

A minimum 25-foot-wide undisturbed open space setback shall be maintained from the edge of any stream or wetland; provided that the city council may permit trails, boardwalks, observation platforms, or other similar structures that enhance passive enjoyment of the site's natural amenities within the setback.

f.

Where adjacent land includes open space, public land or existing or planned bike paths, open space connections shall be provided between the site and adjacent open space. Trails between adjoining open space developments shall be constructed to allow future interconnection.

(Ord. No. 19-635, 9-23-19)

A.

Pre-application meeting.

1.

An applicant for a planned unit development shall attend a pre-application meeting with staff members, or consultants if the zoning administrator deems advisable. This pre-application meeting shall not constitute a quorum of the planning commission.

2.

The purpose of the pre-application meeting is to determine general compliance with PUD eligibility and design requirements, and to identify issues of significance regarding the proposed application.

3.

If the applicant proceeds with the PUD application, a report on the findings of the pre-application meeting shall be forwarded to the planning commission by the zoning administrator.

B.

The applicant shall prepare and submit to the city a request for rezoning to the appropriate PUD designation, including appropriate fees, ten copies of a preliminary PUD site plan meeting the requirements of chapter 14, and a narrative which details how the plan relates to the intent and purpose of the PUD district, phases of development, and approximate time frames for each phase. Materials shall be submitted at least 45 days prior to the meeting at which the planning commission shall first review the request.

C.

During the PUD review process, the zoning administrator may recommend, and the city council or planning commission may require additional information from the applicant it determines is reasonably necessary to demonstrate compliance with the review standards of this chapter. This information may include, but not be limited to, soil reports, hydrological tests, traffic studies or wetland determinations.

D.

In addition to the pre-application meeting, a workshop may be required by the planning commission, or, if not required, the workshop may be requested by the applicant to discuss the appropriateness of a PUD concept, solicit feedback and receive requests for additional materials supporting the proposal.

E.

The planning commission shall review the PUD rezoning request, the preliminary PUD site plan and conduct a public hearing in accordance with the requirements of the Zoning Act, and the public hearing shall be preceded by public notice as specified section 17.10.

F.

The planning commission shall review the preliminary PUD site plan in consideration of public hearing comments, technical reviews from city staff, and other comments from consultants and applicable review agencies, and compliance with the standards and requirements of this ordinance. The planning commission shall make a recommendation to the city council to approve, approve with conditions, or deny the PUD rezoning request and preliminary site plan.

G.

The recommendation to the city council shall be based on the following standards:

1.

The PUD shall satisfy the statement of purpose of section 9.02.

2.

The PUD shall be designed and constructed in a manner harmonious with the character of adjacent property and the surrounding area. Architecture should provide coordinated and visually appealing styles, building forms and building relationships.

3.

The PUD shall be adequately served by essential public facilities and services, such as streets, police and fire protection, drainage systems, water supply and sewage facilities.

4.

The proposed type and density of use shall not result in an unreasonable increase in the use of public services, public facilities, and utility capacities.

5.

The design of the PUD shall minimize the negative impact on the street system in consideration of items such as vehicle trip generation, access location and design, circulation, roadway capacity, traffic operations at proposed access points and nearby intersections.

6.

Natural features shall be preserved, insofar as practical, by removing only those areas of natural vegetation or making those alterations to the topography which are reasonably necessary to develop the site.

7.

Natural drainage ways shall be preserved insofar as practical, by minimizing grading, tree and soil removal in and adjacent to natural drainage swales.

8.

Slopes of over 15 percent are protected and maintained in a natural state.

9.

The proposed PUD shall not have an unacceptable significant adverse effect on the quality of the natural features in comparison to the impacts associated with a conventional development.

10.

The proposed development shall not have an adverse impact on future development as proposed in the master plan of the city.

11.

The proposed development shall not impede the continued use or development of surrounding properties for uses that are permitted in the zoning ordinance.

12.

The proposed development shall adequately consider pedestrian and cyclist safety and circulation, and tie sidewalks, paths and trails into public facilities and adjoining properties.

H.

Following receipt of the planning commission's recommendation, the preliminary PUD site plan shall be considered by the city council.

I.

If the application and associated site plan review packet is determined to be insufficient, does not fully respond to planning commission issues or more information is required, the city council may direct the applicant to prepare additional information, revise the PUD plan or direct the city staff or consultants to conduct additional analysis. The application shall not be considered until the information has been submitted.

J.

If the city council believes there is new information that might modify the recommendation of the planning commission or if the city council does not follow the recommendation of the planning commission, the application may be returned to the planning commission for the planning commission's reconsideration. The planning commission shall provide a new recommendation to the city council within 60 days after the city council's referral. No additional public hearings are required by the planning commission.

1.

The city council shall also hold a public hearing on the PUD rezoning request and the preliminary PUD site plan and shall provide public notice as specified section 17.10.

2.

Approval or approval with conditions.

a.

Upon determination that a PUD and site plan request is in compliance with all of the standards and requirements of this ordinance and other applicable city ordinances and laws, the city council shall approve the PUD rezoning and the preliminary PUD site plan.

b.

The city council may impose reasonable conditions with the approval of a PUD. Conditions of any approval are attached to the land and will remain through subsequent owners. The applicant shall submit to the city a revised PUD site plan that demonstrates compliance with the conditions.

c.

Approval of the PUD shall constitute approval of the rezoning and the zoning map shall be changed to indicate the zoning of the property to the appropriate PUD district.

3.

Denial: Upon determination that a PUD rezoning or site plan does not comply with all of standards and regulations set forth in this ordinance or other city ordinance, or requires extensive revision in order to comply with the applicable standards and regulations, the city council shall deny the PUD application. Re-submittal of a denied application shall be considered a new application.

(Ord. No. 19-635, 9-23-19)

A.

Final PUD site plans shall be submitted to the city for review and approval in accordance with the site plan review provisions of this ordinance. If final PUD site plans for at least the first phase of the project are not submitted and approved within a two-year period from the approval of the PUD rezoning, the right to develop under the approved PUD preliminary site plan shall terminate and a new application must be filed.

B.

In reviewing a final PUD site plan, the following standards and requirements shall apply:

1.

Final PUD site plans shall be in substantial conformance with the approved PUD preliminary plan.

2.

Each final PUD site plan shall either individually or in combination with previously approved contiguous project areas, meet the standards of this chapter and the approved PUD preliminary plan regarding layout, density, open space and land use.

3.

Each final PUD site plan submission shall include a map illustrating the site or phase in relation to previously approved plans and the overall PUD.

4.

Any requested amendment to the approved agreement, as provided for in section 9.11, shall be submitted for review by the city attorney and must be approved by the city council.

(Ord. No. 19-635, 9-23-19)

The two-year time period for the validity of the preliminary PUD approval may be extended for one year, if applied for in writing through the zoning administrator by the petitioner prior to the expiration of the PUD preliminary plan approval, and granted by the city council, provided that the reasons for the delay are beyond the general control of the applicant.

(Ord. No. 19-635, 9-23-19)

A.

The zoning administrator may approve certain minor deviations to an approved PUD site plan when an applicant or landowner who was granted PUD site plan approval notifies the zoning administrator of the proposed amendment to the approved PUD site plan in writing, accompanied by a PUD site plan illustrating the proposed change. The request shall be received prior to initiation of any construction in conflict with the approved plan.

B.

Within 14 days of receipt of a request to amend the site plan, 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.

The zoning administrator may approve the proposed revision upon finding the change would not alter the approved design or provisions of the agreement, would not reduce the area devoted to open space, and all applicable regulations of this ordinance will still be met. The zoning administrator shall inform the planning commission and city council of the approval in writing.

D.

The zoning administrator shall consider the following when determining a change to be minor:

1.

For residential buildings, the square footage of structures may be reduced or increased by ten percent of the originally approved area, provided the overall density of units does not increase, the minimum square footage and parking requirements are met, and the building(s) do not extend into any required open space or required setback.

2.

Gross floor area of nonresidential buildings may be decreased; or increased by up to ten percent or 2,000 square feet, whichever is smaller, of the originally approved area, provided parking requirements are met and the building does not extend into any required open space or required setback.

3.

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

4.

Relocation of a building by up to five feet, if consistent with required setbacks, open space and other requirements.

5.

Height of buildings may be lowered.

6.

Designated woodlands or areas not to be disturbed may be increased.

7.

Plantings on the approved landscape plan may be replaced by similar types of landscaping on an equal or greater basis; any trees shown as preserved on the final site plan and subsequently lost during construction shall be replaced at the equivalency of a caliper-per-caliper basis on the site.

8.

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

9.

Changes of building materials to another of higher quality, or a slight change in the color of the exterior material, as determined by the building official.

10.

Grade change of up to two feet, after review by the city engineer.

11.

Modification of entry design, sign placement or reduction in size of signs, which is consistent with the intent of the approved PUD plan.

12.

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

13.

Changes to the location of accessory buildings and structures, when the new location will be consistent with the building envelope identified on the approved plan.

14.

Changes required or requested by the city, county or state for safety reasons.

E.

Where the zoning administrator determines that a requested amendment to the approved site plan is major, re-submittal to the planning commission shall be required. Should the planning commission determine that the modifications are inconsistent with the approved preliminary PUD site plan, a new preliminary PUD site plan shall be submitted according to the procedures outlined in this chapter as a new application. In all cases, a change in use to a more intensive use than approved in the preliminary PUD plan shall be considered major and require submission of a new preliminary PUD site plan for review and approval by the city.

F.

Decisions granting PUD approval or denial or any PUD regulatory modifications are not subject to variance or other approval of the zoning board of appeals. No part of a PUD may be appealed to the zoning board of appeals nor shall an application for a variance be accepted. This provision shall not preclude an individual lot owner from seeking a variance for that particular lot following final approval of the PUD, provided the variance does not involve alterations to open space areas as shown on the approved PUD site plan or a matter expressly addressed in the PUD or site plan approval and otherwise meets the review standards applicable to variances in this ordinance.

(Ord. No. 19-635, 9-23-19)

A.

Prior to any site preparation or the issuance of any zoning approval permit, the applicant shall submit a proposed PUD development agreement stating the conditions upon which PUD approval is based, for review and approval by the city. The agreement, after review by the city attorney and planning commission, and approval by the city council, shall be entered into between the city and all landowners and be recorded with the county register of deeds.

B.

At a minimum, the development agreement shall provide:

1.

A certified boundary survey of the acreage comprising the proposed development.

2.

Proof of property control and the manner of ownership of the developed land and the manner of the ownership and of dedication common areas in additions to a mechanism to protect any designated common open areas.

3.

Satisfactory provisions to provide a performance guarantee 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.

4.

Provisions to ensure adequate protection of natural features.

5.

A copy of the approved preliminary PUD site plan signed by the applicant and the mayor or appointed designee.

6.

Such other matters as are required by the city.

(Ord. No. 19-635, 9-23-19)

The city council may require one or more performance guarantees in accordance with section 17.04 to ensure compliance with the approved PUD.

(Ord. No. 19-635, 9-23-19)