A.

The purpose of these Planned Development regulations is to permit development of uses that are not otherwise listed as permitted uses in Zone 1 through 6. These regulations have been drafted in recognition that because of previous market demand, sensitivity to the fragile land and water resources, and other reasons, the City of Orchard Lake Village is a largely built-up single family residential community. Nevertheless, there is a small amount of developable land remaining in the City to accommodate new uses for which there may eventually be a demonstrated need. The City contains only four square miles, of which 42% is occupied by open water, and only 38% is available or is currently developed for residential use. Because of the limited amount of developable land it is not practicable to create separate zoning districts and/or regulations for every possible such use. Planned Development provides a feasible regulatory approach to accommodate such uses provided that all of the conditions and standards in this Article are met.

B.

Planned Development is further intended to permit regulatory flexibility to achieve development that is in accord with the City's Master Plan; to achieve economy and efficiency in the use of land, natural resources, energy and in the provision of public services and utilities; to encourage the creation of useful open space particularly suited to the proposed development and parcel on which it is located; and to provide appropriate development to satisfy the demonstrated needs of residents of the City of Orchard Lake Village.

C.

It is further intended that development permitted pursuant to this Article be laid out so the proposed uses, buildings, and site improvements relate to each other and to adjoining existing and planned uses in such a way that they will be compatible, with no material adverse impact of one use on another.

D.

The development, permitted under this Article shall be considered as an optional manner of development. The availability of this option imposes no obligation on the City to encourage or foster its use. The decision to approve its use shall be at the sole discretion of the City.

A.

1.

Planned Development. The term "Planned Development" means a specific parcel of land, or several contiguous parcels of land, which is proposed to be developed in accordance with a site plan approved by the City Council, where the site plan meets the requirements of this Article in a manner that achieves high quality development, addresses a demonstrated need in the City that could not otherwise be addresses in Zoning District 1 through 6, and achieves compatibility with surrounding uses.

2.

Underlying Zoning. The term "Underlying Zoning" means the zoning classification currently applicable to a parcel of land that is proposed to be developed in accordance with the Planning Development regulations.

B.

Unless otherwise specifically stated in this Article, the Planning Commission shall serve in an advisory capacity with respect to the Planning Development review. Thus, recommendations of the Planning Commission shall not be binding upon the City Council.

In order to qualify for the Planning Development (PD) option, it must be demonstrated that all of the following criteria will be met:

A.

The PD option may be used only on lands that are within the Planning Development District boundaries designated on the Official Zoning Map of the City. The Planned Development Overlay District boundaries established upon adoption of this Section XIII-A may be amended in accordance with the amendment procedures in Section 15.07. The presence of a parcel of land within the Planned Development Overlay District boundaries means that Planned Development may be used as the regulatory approach to develop the parcel, provided that the proposed development complies with all other applicable criteria, regulations, and procedures.

B.

The use of the PD option shall not be used for the sole purpose of avoiding the requirement for dimensional variances involving uses already permitted in the underlying zoning district.

C.

The PD option shall not be used in situations where the same land use objectives can be accomplished by the application of conventional zoning provisions or standards. However, the PD option may be used to develop uses currently permitted by the underlying zoning if the City Council determines that the PD option will result in a substantially higher quality of development than would otherwise be permitted.

D.

The PD option may be used only when the proposed land use will not materially as public service and facility loads beyond those contemplated in the Master Plan or other adopted polices or plans, unless the applicant can demonstrate to the sole satisfaction of the City Council that such added loads will be accommodated or mitigated by the proponent as part of the PD.

E.

The proposed development shall be consistent with the goals and objectives and shall not have an adverse impact upon the Master Plan for the City. Notwithstanding this requirement, the City Council may approve a Planned Development proposal that includes uses which are not called for on the Master Plan Map, provided that the City Council determines that such a deviation from the Master Plan Map is justified based on a demonstrated need and the current planning and development objectives of the City. In making such a determination the City Council shall seek the advice of the Planning Commission.

F.

The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

G.

Land use patterns established by the PD shall be compatible with existing and planned uses.

H.

The PD shall provide a means of securing public improvements needed to serve the PD and to further the health, safety and welfare of the public; protect existing and future uses from the detrimental impacts of the proposed use; and alleviate public facilities' deficiencies.

I.

The PD must improve the appearance of the City through quality building design and site development; the provision of trees and landscaping consistent with or beyond minimum requirements; the preservation of unique and/or historic sites or structures; and/or the provision of open space or other desirable features of a site beyond minimum requirements.

J.

The PD shall not be allowed solely as a means of increasing the density or intensity of development. The PD shall result in a higher quality of development than could be achieved under conventional zoning.

Planned Development shall be used to develop uses for which there is a demonstrated need but are not listed as permitted uses in Zone 1 through 6. Notwithstanding this requirement, a Planned Development may contain uses or combination of uses that are currently permitted in Zone 1 through 6 provided that the overall plan meets the objectives and standards of this Article. Uses not currently listed as permitted uses include, but are not necessarily limited to single family attached townhouses, attached and detached single family clusters developments, apartments, and mobile home parks. Uses shall be permitted only if they satisfy the following criteria:

A.

The proposed uses on the site shall be generally the same as or compatible with the uses specified for the parcel on the City's Master Plan Map and/or as described in the Master Plan text.

B.

There shall be a reasonably harmonious relationship between the location of buildings on the site, relative to buildings on lands in the surrounding area.

C.

The PD Option may be used to develop residential and non-residential uses together in a development, provided that the residential uses shall be separated and/or buffered from the non-residential uses in a manner that is consistent with good site design and planning principles, and provided further than non-residential uses shall not have direct access to local residential streets.

D.

The mix of uses and arrangement of those uses within a planned development shall not impair the public health, safety, or quality of life of residents or the community as a whole.

E.

Proposed uses shall be subject to review and approval by the City Council.

Planned Developments shall comply with the design standards in this Section 13A.05. However, modification to the standards in this Section 13A.05 may be approved by the City Council, upon receiving an advisory recommendation from the Planning Commission, upon making the determination that other standards would be more appropriate because of the particular design and orientation of buildings and uses, and provided that any such modified standards shall be consistent with the purpose of Planned Development stated in Section 13A.01. Modification approved in conjunction with the approval of a Planned Development Plan shall not require approval by the Zoning Board of Appeals.

A.

Location. A Planned Development may be approved in any location in the City, provided that the proposed development is on land that is located within the Planned Development District boundaries, and subject to review and approval as provided for herein.

B.

Residential Density. A residential density of up to two (2) units per gross acre may be approved within a Planned Development. For the purposes of computing density, gross acreage shall include the following:

1.

All areas to be used for residential purposes, including off-street parking in residential areas.

2.

Twenty-five percent (25%) of any wetlands within the portion of the site that is being developed for residential purposes;

i.

Parks and open space devoted exclusively for residential use or for Natural Resource Protection.

ii.

Internal local road rights-of-way. Dedicated rights-of-way for perimeter roads and internal collector and thoroughfare roads are not to be included in the gross acreage for the purposes of computing density.

An increase in density above two (2) units per acre may be permitted by the City Council upon finding that the increase is justified because certain characteristics of the proposed development would result in a substantial benefit to the users and the community as a whole. Characteristics which the Planning Commission and City Council may consider in making this determination include, but are not necessarily limited to the following:

1.

The Planned Development exhibits extraordinary design excellences, examples of which include, but are not limited to: innovative energy efficient design; provision of additional open space above the required amount; added improvements to assure vehicular and pedestrian safety; or, added landscaping or other site features to assure a long-term aesthetically pleasing appearance.

2.

The Planned Development would include certain public facilities to enhance the long-term viability of the project and allow for more efficient use of the land.

3.

The proposed arrangement of uses and residential densities within the Planned Development enhance the compatibility of proposed development with existing or planned land use on adjacent land.

4.

The proposed density of development would address a demonstrated need in the community.

C.

Setbacks.

1.

Planned Development shall comply with the following minimum setback requirements, which shall be determined by the same method to determine setbacks that is used in other districts, unless otherwise indicated:

¹ Measured from the edge of pavement to the closest point of the building or structure.

² No structure shall be located nearer than seventy-five feet (75') to a lake, river, stream or other navigable waterway (measured horizontally from the nearest point of the structure to the water line established by the legal level of the lake), except as permitted in Section 4.09 or based on determination of an Established Residential Building Pattern. In the event that there is an Established Residential Building Pattern along a waterway, then the required waterfront setback shall be determined in accordance with the standards in Section 4.36.

³ No development shall occur within twenty-five (25') feet of wetlands unless a different setback is specified in the Wetlands Ordinance (Ordinance No. 12.05.00)

2.

Buildings within a Planned Development shall comply with the following spacing and lot size requirements (See Figure 1):

a.

The minimum distance between buildings and minimum lot size for detached single family structure in a Planning Development shall be based on good planning and design principles, taking into account the degree of compatibility between adjoining uses, sensitivity to the characteristics of the site, the need for free access for emergency vehicles, the need for adequate amounts of light and air between buildings, and the need for proper amounts of open space, subject to the following minimum standards:

i.

A maximum of four (4) single-family detached units may be clustered together, provided that the units shall be spaced not less than ten (10') feet apart.

ii.

Each cluster of detached dwelling units shall be set back a minimum distance of fifty (50') feet from any other cluster, except that the minimum setback for adjoining clusters that have a side to side building relationship shall be twenty (20') feet.

b.

Residential buildings containing more than one unit (i.e., multiple-family development, apartments, townhouses, attached dwelling) shall conform to the following spacing requirements (See Figure 2):

c.

In the case of buildings or structures occupied or used by a non-residential principal use, the minimum distance between buildings and the minimum lot size in a Planned Development shall be based on good planning and design principles, taking into account the degree of compatibility between adjoining uses, sensitivity to the characteristics of the site, the need for free access for emergency vehicles, the need for adequate amounts of light and air between buildings, and the need for proper amounts of open space.

d.

Buildings or structures occupied for uses by a non-residential principal use shall be located at least one hundred (100') feet from any residential buildings.

e.

Accessory structures and uses are permitted, subject to the requirements in Section 4.15.

D.

Maximum Height. Planned Development shall comply with the height requirements applicable in Zone 2 for residential uses and Zone 5 for non-residential uses.

E.

Parking and Loading. Planned Developments shall comply with the parking and loading requirements specified in Article VII of the Zoning Ordinance, except that off-street parking for separate buildings or uses may be provided collectively, subject to the following:

1.

The total number of spaces provided collectively shall generally not be less than the sum of the spaces required for each separate use. The total number of spaces may be reduced by up to twenty-five percent (25%) if evidence is presented by the applicant to demonstrate that the parking demands of the uses being served do not overlap.

2.

Each use served by collective off-street parking shall have direct access to the parking without crossing roads.

3.

The collective off-street parking shall not be located farther than five hundred (500') feet from the building or use being served.

F.

Landscaping. Planned Development shall comply with the following landscaping requirements:

1.

General Site Requirements. Only live plant material shall be permitted. All unpaved portions of the site shall be planted with grass, ground cover, shrubbery, or other suitable live plant material, which shall extend to any abutting street pavement edge. Seeded areas shall be watered and fertilized regularly so as to provide a healthy lawn within ninety (90) days after planting.

2.

Landscaping Adjacent to Roads. All commercial, office, industrial and multiple family uses shall comply with the requirements for landscaping adjacent to roads in Section 4B.02, Subsection B.

3.

Parking Lot Screening Requirements. Wherever front, side, or rear yards adjacent to public rights-of-way are used for parking, a brick wall, hedge, or landscaped berm shall be a minimum of three (3') feet in height. If a berm is used, it shall be landscaped in accordance with the previous requirements for landscaping adjacent to roads. If a hedge is used, the hedge shall be planted with dense evergreen shrubs so that it provides the same screening effect as a berm or wall.

4.

Screening. Screening in the form of a landscaped berm, greenbelt, or wall shall be required wherever a commercial, office, or industrial use is located adjacent to a residential use, school, park, or similar public area. Landscaped screening shall consist of closely-spaced evergreen plantings which can be reasonably expected to form a complete visual barrier that is at least six (6') feet above ground level at the time of planting. Deciduous plant material may be used too, provided that a complete visual barrier is maintained throughout the year. Appropriate species for such purposes include: Arborvitae (Thuja occidentalis)- appropriate cultivars include Pyramidalis, Nigeria Eastern Red Cedar (juniperus Virginiana) Chinerie Juniper (Juniperus chinersis) White Spruce (Picea glauca) or Serbian Spruce (Picea omorika) - an effective screen requires two rows, staggered.

If a wall is used instead of landscaping, the following requirements shall be complied with:

A.

Location. Required screening walls shall be placed inside and adjacent to the lot line except where underground utilities interfere with placement of the wall or fence at the property line, in which case the wall or fence shall be placed on the utility easement line located nearest the property line.

B.

Time of Construction. Wherever construction of an screening wall is required adjacent to residentially zoned or used property, the wall shall be installed prior to the beginning of site grading and general construction, except where such activity would result in damage to the wall.

C.

Corner Clearance. No wall shall be erected that will obstruct the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and a driveway.

D.

Wall Specifications. Required walls shall be constructed of masonry material used on the façade of the principle structure on the site, such as face brick.

E.

Height Requirements. Walls used for screening shall be a minimum of 4.5 feet and shall not exceed six (6') feet in height.

5.

Parking Lot Landscaping. Off-street parking areas containing greater than fifteen (15) spaces shall be provided with interior landscaping in compliance with Section 4B.02, Subsection F.

6.

Standards for Plant Material. Proposed plant materials shall comply with the standards set forth in Section 4B.03.

7.

Treatment of Existing Plant Material. In instances where healthy plant material exists on the site prior to its development, substitution of such plant material in place of the requirements set forth previously in this section may be permitted, provided such substitution is in keeping with the spirit and intent of this Article and the Ordinance in general, subject to the regulations in Section 4B.05.

G.

Open Space Requirements. Planned Developments containing a residential component shall provide and maintain usable open space that is accessible to all residents of the development, which shall comply with the following requirements:

1.

A minimum of twenty percent (20%) of the gross area of the non-wetland portion of the site is designated for residential use shall be set aside for such open space.

2.

Any previous land area may be included as required open space, except as follows:

A.

No more than twenty-five percent (25%) of the required usable open space shall include the area of any water bodies or wetlands which are covered only periodically with standing water (such as hardwood swamps or "wet" meadows). Required usable open space shall not include the area of any designated wetland that is covered by water or muck such that it is not a suitable environment for walking or similar passive leisure pursuits.

B.

Required usable open space shall not include the area of any public or private road, the area of any easement providing access to the site, the area of any commercial recreation use (such as a golf course), or the area of any required setbacks.

3.

The required open space shall be set aside by the developer through an irrevocable conveyance, such as deed restrictions or covenants that run with the land or through a conservation easement, assuring that the open space will be developed according to the site plan and never changed to another use. Such conveyance shall:

A.

Indicate the proposed use(s) of the required open space.

B.

Indicate how the leisure and recreation needs of all segments of the population residing in or using the Planned Development will be accommodated.

C.

Provide for the privately-owned open space to be maintained by private property owners with an interest in the open space.

D.

Provide maintenance standards and a maintenance schedule.

E.

Provide for assessment of the private property owners by the City of Orchard Lake Village for the cost of maintenance of the open space in the event that it is inadequately maintained and becomes a public nuisance.

H.

Frontage, Access, and Road Standards.

1.

Any Planned Development shall front on and have its main means of access onto Orchard Lake Road, Commerce Road, or Pontiac Trail. The nearest edge of any entrance or exits drive shall be located no closer than two hundred (200') feet from any street or road intersection (as measured from the nearest intersection right-of-way line).

2.

Individual residential dwelling units in a Planned Development shall not have direct access onto a major thoroughfare or collector road. The internal street system in a Planned Development shall be designed so that through-traffic is discouraged from traveling on residential streets.

3.

All streets and roads within a Planned Development, whether intended to be dedicated to the public or remain private, shall comply with the engineering and design standards of the City of Orchard Lake Village.

I.

Natural Feature. Planned Development shall be designed to promote preservation of natural resources and natural features. If natural animal or plant habitats of significant value exist on the site, the City Council, after receiving an advisory recommendation from the Planning Commission may require that the Planned Development preserve such areas. One hundred percent (100%) of any preserved natural area may be counted toward meeting the requirements for open space.

J.

Non-Motorized Transportation. Every Planned Development shall accommodate non-motorized transportation in the form of paved sidewalks, bike paths, and bike lanes. Sidewalks and /or bike paths may be required along any public road right-of-way abutting or within the development. Where feasible, this circulation system shall provide access to open spaces and other on-site amenities, parking and loading areas, and shall connect with existing or planned sidewalks, paths or trails on abutting properties. In private developments that lack any publicly dedicated roads, access by the general public via private non-motorized transportation routes shall not be required.

K.

Additional Considerations. In their review of a proposed Planned Development, the Planning Commission and City Council may review other considerations that are found to be relevant to a particular project, including, but not necessarily limited to: road capacity, drainage and utility design, capacity and design of utility systems, extent to which pedestrian and vehicular circulation systems are isolated from each other, achievement of an integrated development with respect to signage, lighting, landscaping and building materials, and extent to which noise reduction and visual screening mechanisms are used, particularly in cases where non-residential uses adjoin residentially-zoned property.

A.

Request for Qualification.

1.

Any person owning or controlling land in the City of Orchard Lake Village may make application for consideration of a Planned Development proposal. Such application shall be made by submitting a request for a determination whether the proposal qualifies for the PD Option.

2.

The Request of Qualification shall be submitted to the City Clerk and shall include the following:

A.

A written statement explaining in detail the proposed use, building and site improvements, phasing plan, and resulting floor area and parking.

B.

A schematic land use plan containing enough detail to explain the proposed uses, relationship to adjoining parcels, vehicular and pedestrian circulation patterns, open spaces and landscape areas, and building density or intensity.

C.

A plan for protection of natural features on the site.

D.

Evidence that the applicant had ownership or control of the property.

3.

If the application is found to be complete, the City Clerk shall transmit it to the City Council. Upon receipt of the Request for Qualification, the City Council shall undertake such investigation, study and/or deliberation into the merits of the proposal as it deems appropriate, taking into account the Qualification Criteria in Section 13A.03. In conducting such investigation, the City Council shall seek information, analysis and advice from the Planning Commission, and may also seek input from City staff, the City Planner, the City Attorney, public safety officials and others as necessary.

4.

Upon completing its investigation, the City Council shall approve or deny the request for qualification. A determination that a proposal qualifies for PD approval shall be accompanied by a description of the minimum conditions, the City Council may identify specific requirements or standards in the Zoning Ordinance which could be waived or modified upon approval of the final PD plan. A preliminary determination of qualification does not assure a final approval of the Planned Development, but is intended to provide an initial indication as to whether or not an applicant should proceed to prepare a PD Plan upon which a final determination would be based. If the City Council denies the Request for Qualification, the applicant may pursue development or use of the site under conventional zoning standards.

B.

Request for Final Determination. An applicant who has been granted qualification by City Council may apply for consideration under this section with submittal of the following materials:

1.

PD Plan. An application and plan shall be submitted to the City Clerk to initiate review and recommendation by the Planning Commission. The PD Plan shall contain all of the information required for site plans in Section 4.33.

2.

Planning Commission Review.

A.

The City Clerk shall determine if the PD site plan is substantially in compliance with the site plan submittal requirements and the minimum conditions cited when the city Council approved the request for qualification (see Section 13A.04, Subsection A). In making this determination, the City Clerk may seek the advice of the Building Official, City Planner, City Engineer, City Attorney, or others, as necessary. If the site plan is found to be in compliance with submittal requirements and minimum condition, the City Clerk shall place the site plan on the Planning Commission agenda and schedule a public hearing, with notice given in accordance with Section 15.08 (C).

B.

The Planning Commission shall hold a public hearing on the PD Plan. After the public hearing, the Planning Commission shall report its findings and make its recommendations to the City Council. The Planning Commission shall review the proposed PD Plan qualification criteria and whether the PD proposal adheres to the following objectives and requirements.

1.

The proposed PD shall promote the land use goals and objectives of the City and the purposed and intent of Planned Development as stated in Section 13A.01.

2.

All applicable provisions of this Article and Ordinance shall be met. Insofar as any provision of this Article shall be in conflict with the provisions of any other section of this Ordinance, the provisions of this Article shall apply to the lands within the boundaries of a proposed PD.

3.

There is, or will be at the time of development, an adequate means of disposing of sanitary sewage, supplying the development with potable water, managing storm water flow, and achieving a safe road system.

3.

Final Approval of Planned Development.

A.

Upon receipt of the report and recommendation of the Planning Commission, the City Council shall review all findings. If the City Council determines that approval would be appropriate, it shall instruct the City Attorney to prepare an agreement setting forth the conditions upon which such approval is based, which agreement, after approval by resolution of the City Council, shell be executed by the City and the applicant. Where a project is proposed for construction in phases, final approval may be granted subject to subsequent review and approval of detailed site plans for each phase. Approval shall be granted only upon the City Council determining that all provisions of this Ordinance have been met and that the proposed development will not adversely affect the public health, welfare and safety.

B.

Approval of a PD proposal shall constitute an amendment to the Zoning Ordinance. The subject site shall be designated "PD" on the official Zoning Map and the PD Plan, the agreement, and supporting documentation shall become an integral part of this Ordinance. Notice of the adoption of the amendment shall be published in accordance with the requirements in the City of Orchard Lake Village Zoning Act, Michigan Public Act 207 of 1921, as amended.

C.

Once an area has been included with a plan for a PD and such plan has been approved by the City Council, no development may take place in such area nor may any use thereof be made except in accordance with either the City Council-approved PD Plan (unless the plan is terminated or amended as provided herein), or in accordance with the underlying zoning (subject to submittal of a site plan for review and approval). The option of developing under the PD Plan of the underlying zoning shall end when construction begins, whereupon all subsequent construction shall be based on the plan upon which the construction was begun. However, the property owner shall retain the right to seek approval of plans prepared in accordance with the underlying zoning for developed portions of the site or redevelopment of the built-up portions of the site.

D.

An approved plan may be terminated by the applicant or the applicant's successors or assignees, prior to any development within the area involved, by filing with the City and recording in the County records an affidavit so stating and submittal of an application to amend the zoning classification. The approval of the plan shall terminate upon such recording and development shall thereafter only be permitted in compliance with the underlying zoning (unless further rezoning action is initiated and approved).

E.

No approved plan shall be terminated or amended after development commences except with the approval for the City Council and the applicant or the applicant's successors or assignees. Proposed amendments shall be reviewed in accordance with the procedures in Section 15.07 or Section 13A.06 (E), following.

F.

Site plan approval granted pursuant to approval of a PD Plan shall remain valid for a period of two (2) year from the date of approval and execution of the Planned Development agreement. The City Council may grant an extension of this two (2) year period provided that the applicant submits a written request prior to expiration of the approval period and, in the opinion of the City Council, provides reasonable justification for the delay and proposed extension. If no building permits have been issued or work commenced within the initial or extended approval period, development may be permitted only in accordance with the underlying zoning, unless the zoning classification is amended as a result of action initiated by the City Council pursuant to Section 15.07.

C.

Phasing. A Planned Development project may be proposed for construction in phases, in which case the project shall be designed so that each phase, when completed, is capable of standing on its own in terms of public or common services, facilities, and utilities and open space. Each phase shall contain the necessary components to insure protection of natural resources and the health, safety and welfare of the users of the Planned Development and the residents of the surrounding area.

D.

Performance Guarantee. A performance guarantee shall be required to insure faithful completion of improvement, in accordance with Section 15.09. Where a project is proposed for construction in phases, each phase shall be considered separately when determining the need for and size of performance guarantee.

E.

Fees. Fees for review of PD Plans under this Article shall be established by resolution of the City Council.

F.

Interpretation of Approval. Approval of a PD under this Article shall be considered an optional method of development and improvement of property subject to the mutual agreement of the City and the applicant.

G.

Amendments to PD Plan. Proposed amendments or changes to an approved PD Plan shall be submitted to the City Clerk. The amendments shall be reviewed by the Planning Commission and City Council in accordance with the provisions and procedures of this Section as they relate to final approval of the Planned Development.