The purpose of this district is to permit flexibility in the regulation of land development; encourage innovation in land use and variety in design, layout, and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities; encourage provision of useful open space; provide adequate housing, employment, and shopping opportunities particularly suited to the needs of the residents of the city; and encourage the use, reuse and improvement of existing sites and buildings when the uniform regulations contained in other zoning districts do not provide adequate protection and safeguards for the site or surrounding area.

This district is intended to accommodate developments with mixed or varied uses, sites with unusual topography or unique structures or settings within the community, or on land which exhibits difficult or costly development problems. This district is not intended to solely circumvent the provisions of other zoning districts contained in the Petoskey Zoning Ordinance.

(Ord. No. 604, 7-20-1987)

Each parcel proposed for development as a PUD shall meet the following site eligibility requirements:

1.

The petitioner shall demonstrate that the characteristics of the site make the site suitable and desirable for a PUD project due to certain site features which may include the topography, soils, drainage characteristics, vegetation, site size and location, historic buildings, scenic views or other unique features.

2.

The petitioner shall demonstrate that, and shall illustrate that the proposed PUD zoning is warranted by the better design and amenities incorporated in the proposal that would not be feasible under standard zoning classifications.

If a site is determined eligible for development as a PUD, then the petitioner shall still demonstrate that the project can meet the standards of section 2503.

(Ord. No. 604, 7-20-1987)

(a)

All uses permitted in the B-3 General Business District of Petoskey Zoning Ordinance 451 shall be permitted for possible inclusion in a PUD. Accessory buildings and uses customarily incidental to any of the above permitted uses shall be permitted provided that they meet the conditions of section 2503(3)m.

(b)

Medical marihuana facilities shall be permitted in existing planned unit development districts provided that the development plan is amended. Medical marihuana facilities shall only be allowed to the extent permitted by and subject to the terms and conditions of the City of Petoskey's general ordinances regulating same and subject to the requirements of subsection (a) above, article XXXII, and the provisions of sections 1716 through 1718 of this ordinance.

(Ord. No. 604, 7-20-1987; Ord. No. 772, 10-7-2019)

1.

Ownership. The petitioner shall submit written documentation that the entire parcel for which application is made is under one ownership or the application shall be made with the written authorization of all property owners whose property is included in the proposed [PUD].

2.

Bonding requirements. Upon obtaining all necessary approvals from the planning commission and city council, and prior to beginning any construction, the petitioner shall provide to the City of Petoskey proof of a performance bond or bonds. The performance bond or bonds shall be for one-half the value of the total project, or for 25 percent of the site work not including underground utilities, whichever value is greater.

3.

Establishment, amendment procedure. A PUD zoning classification shall be established or amended pursuant to the procedures set forth in section 2504 of this article and pursuant to any additional procedures set forth in this section.

4.

Standards for approval. In consideration and review for a decision regarding a preliminary planned unit development rezoning plan, the planning commission shall consider the following standards. Based upon the following standards and any other applicable site plan provisions and state, federal, and local codes, the planning commission may recommend denial or approval, and city council may deny or approve a final planned unit development rezoning site plan. Wherever terms such as compatibility, adequacy or other similar terms are used they shall be interpreted as determined by the planning commission based upon staff report, petitioner information and experience of commissioners.

a.

Land use type, mix, locations. The proposed locations and mix of land uses within the PUD shall be compatible with surrounding land uses and zoning so as to have minimal adverse impacts on surrounding uses or potential uses, while also enhancing those nearby land uses. The land uses shall be appropriate for the physical characteristics of the site; such as soil conditions, topography, etc. Existing or planned public facilities such as streets, sanitary sewers, storm sewers, and similar facilities shall be adequate for the proposed land use mix.

b.

Setbacks, greenbelts, and buffers. Exterior setbacks shall be provided for any type of use mix or physical development. Where proposed uses differ in type and density from neighboring uses outside the PUD, adequate greenbelts and landscaping buffers shall be provided. Greenbelts fronting on major streets shall be encouraged for commercial developments to reduce or mitigate visual impacts of such development.

c.

Internal land use arrangement. Land uses within the PUD shall be arranged for compatibility with one another, and for adequate buffering between uses where such uses vary in type and density.

d.

Site utilities, easements, facilities. Common properties and easements shall be provided such that streets, utilities and open spaces are accessible to occupants of the PUD site. Agreements and written provisions shall be provided to the city demonstrating that these facilities will be improved, operated and maintained in a manner consistent with other PUD approval standards and with site plan standards such that owners or occupants of the PUD property may continue to enjoy site facilities and amenities upon completion of the project and into the future.

e.

Traffic circulation. Vehicular, pedestrian, and nonmotorized circulation allowing safe, convenient and well-defined circulation within the site and to the site shall be provided. Particular consideration will be given to plans using service drives or shared ingress and egress approaches that reduce the total number of accessways on the site.

f.

Off-street parking. Off-street parking shall be provided sufficient to meet minimum requirements by land use type as required in Section 1704 of the Zoning Ordinance No. 451 of the City of Petoskey. Upon recommendation of the planning commission, the city council may require additional or reduced parking where a particular use or use mix is expected to generate greater or lesser parking needs.

g.

Public streets and facilities. Any streets that are to be dedicated to the city upon completion of the project shall meet the minimum requirements of the Petoskey Subdivision Regulations. Utilities and streets proposed for dedication as city facilities shall meet construction requirements and specifications as established by the city.

h.

Drainage plans. A drainage plan shall be provided showing adequate underground drainage facilities and/or above-ground retention facilities for a fifty-year storm event performance standard.

i.

Consolidated open space. Consolidated open space shall be provided and commonly accessible for any planned unit development. In determination of the amount of such open space to be provided, the planning commission shall consider the natural features of the site, the estimated number of residents in the planned unit development, the estimated number of employees in the planned unit development, and other factors relevant to the need for open space.

j.

Special features. Natural, historical, scenic and architectural features of the property in the district shall be preserved, protected, created or enhanced whenever possible.

k.

Building height, bulk and character. The planning commission shall review and approve proposed height, bulk, and visual character of any and all structures and buildings for the PUD project. Height, bulk and character of structures may be reviewed with regard to scenic views, and in consideration of the relationship of proposed structures to existing or proposed structures on site, or within 300 feet off-site of the planned unit development property(s). Wherever a structure is proposed that will be greater than two stories or 30 feet, graphic illustrations of the visual impacts of such a structure from off-site locations shall be provided at accurate scale and dimension by the developer.

l.

Dwelling unit density. The planning commission shall review and approve final dwelling unit density for residential developments in the planned unit development. The density standards shall be based upon consideration of: existing or proposed density of surrounding residential properties; availability of planned open space on the PUD property; capacity of city utilities, streets and other such facilities; relationship to other planned nonresidential land uses on the site or in the vicinity of the PUD property; overall density standards for residential development in the City of Petoskey.

m.

Accessory structures. Accessory structures related to the proposed PUD land uses shall be permitted as provided in section 1703 of the Petoskey Zoning Ordinance and only in compliance with provisions of this article.

n.

Signs. All signs shall meet the provisions of the Petoskey Sign Ordinance No. 550 and shall meet the provisions of this article.

(Ord. No. 604, 7-20-1987; Ord. No. 704, § 1, 12-15-2008)

1.

Preapplication review of a planned unit development project proposal. A preapplication conference should be held with the project developers and the City of Petoskey staff to review the basic requirements of the zoning ordinance, to explain review procedures, and to review the preliminary plans, design features and ordinance standards. At this stage, the applicant is encouraged to obtain all pertinent design information regarding utilities, roads and other physical improvements from the city. The developer is also encouraged to compile information from any and all other relevant agencies including information regarding sanitary sewers, water supply, storm sewers, electrical, gas and other utilities, roads, soil conditions, construction codes, etc.

2.

Requirements for PUD rezoning petition. Establishment of an eligible area for a proposed planned unit development shall only be permissible by petitioning for a rezoning to (PUD) Planned Unit Development District. If a site meets the site eligibility criteria of section 2501 and if rezoning to PUD is approved in accordance with local and state provisions, then the site shall be considered a PUD zone. Any PUD rezoning request submitted to the City of Petoskey shall meet the following requirements:

a.

A letter of request shall be submitted with a legal description of the property(s) proposed for rezoning. The letter of request shall identify the property owner, proposed developer and shall provide a description of the planned use and development for the site.

b.

The letter of request and the necessary graphic and written documentation shall be filed 30 days prior to the date of a planning commission public hearing scheduled for consideration of PUD rezoning.

c.

Twelve copies of the maps and other graphic or written documentation shall be provided to city staff. Such drawings shall meet requirements as to scale of maps and other technical site plan review provisions of the Petoskey Zoning Ordinance.

3.

Notification requirements and public hearing provisions for planned unit development rezoning. A public notice of the public hearing for a proposed planned unit development rezoning shall be provided as required by State of Michigan Act 207 of the Public Acts of 1921, as amended. In addition, the notice shall meet the following requirements:

a.

Notice shall be given 15 days prior to the public hearing in a local newspaper of general circulation.

b.

Notice shall also be given 15 days prior to the public hearing to all property owners within 300 feet of the parcel(s) proposed for rezoning.

c.

The notice shall contain the following information:

(1)

A description of the property and property location.

(2)

Indication of the time and place of the public hearing.

(3)

The notice shall summarize the following information regarding the proposed PUD:

(a)

Total land area devoted to residential, nonresidential (including commercial), and open space uses.

(b)

For residential uses, the number of dwelling units and for commercial and other nonresidential uses, the total square footage of such uses.

(c)

An indication of the natural or manmade special features which the developer proposes to preserve or enhance on the site.

4.

Consideration of a preliminary PUD rezoning plan. Following the preapplication conference, the applicant shall file a request with the City of Petoskey seeking planning commission review of a preliminary PUD rezoning plan for the subject property. Approval of a preliminary plan shall not imply final approval of the planned unit development designation, or of the subsequent final PUD rezoning site plan. The preliminary review is a directional step to show levels of agreement or disagreement between the city and the developer under existing conditions and with the information available at the time of preliminary review.

Required information in a preliminary PUD rezoning plan. The preliminary PUD rezoning plan must contain sufficient information to: illustrate existing conditions, provide the rationale for the particular use arrangement selected, include the identification of special site features preserved or enhanced in the design, provide a topographic map showing existing contours at five-foot intervals, and provide pertinent density or other quantitative data to reflect the projected demands on community services.

Evidence should be given that at least a preliminary effort has been made to assure the project will comply with local, state and federal health requirements, drainage laws, environmental laws, and road construction standards. Local fire and police protection agencies should also be contacted in the preliminary phase.

Specific items to include on or with the plan include:

a.

Total number of acres in the project for which PUD designation is being sought;

b.

The type, density and total number of residential units;

c.

The type, scale and total square footage of nonresidential uses;

d.

The acreage to be allotted to each use type, as well as acreage devoted to necessary accessory uses such as parking, etc., and the relative location of all uses and accessory uses;

e.

Identification of any existing variances associated with the property;

f.

The number of acres devoted to on-site open space and/or recreation uses; and

g.

Any natural or manmade features or resources to be preserved, or to be removed, altered or demolished.

5.

Review for a preliminary PUD rezoning plan decision. The planning commission, upon a thorough review of the preliminary PUD rezoning plan and all supporting documentation, shall act to approve, conditionally approve or reject the plan. Any conditional approval shall include a listing of conditions necessary to attain approval, and any rejection shall enumerate the reason for rejection. Approval of a preliminary plan shall establish:

a.

That the preliminary plan meets the site eligibility criteria of section 2501 of this ordinance;

b.

A general land use arrangement including open space areas; and

c.

Proposed residential land use area, dwelling unit density, and total number of dwelling units; and

d.

Type, mix, and land use area of nonresidential land use activities including a description of categories of commercial land use; and

e.

Minimum exterior building setbacks.

Approval of the preliminary PUD rezoning plan authorizes the applicant to proceed with preparation of a final project site plan for the rezoning request which, if approved, would then be submitted to the city council for final rezoning action. Approval of a preliminary plan shall not imply final approval of the PUD designation, or of the subsequent final PUD rezoning site plan. A revision of a preliminary plan or final plan that meets the conditions and criteria of subsection 7(c) shall be subject to legislative review in accordance with the procedures of that subsection.

6.

Consideration of a final PUD rezoning site plan. Upon approval of a preliminary PUD rezoning plan, the applicant shall submit a final PUD rezoning plan within 90 days of the date of approval of the preliminary plan. The consideration and review of a final PUD rezoning site plan is the last step in the process of attaining designation of a property as a PUD. No planned unit development zoning designation can be granted until a final PUD rezoning site plan has been approved by the city council. The city council shall act upon the request based upon recommendations from the planning commission.

Required information in a final PUD rezoning site plan. The final PUD rezoning site plan shall be in basic accord with the approved preliminary plan. The final PUD rezoning site plan shall be detailed with respect to the following:

a.

A definitive use plan for the entire land area that is intended to be approved for planned unit development designation.

b.

All arrangements for design, construction, maintenance and operation of utility systems shall have been finalized, although working drawings need not be completed for this element.

c.

The planned unit development's ownership, management, and construction have been determined and documented, and where a project is to be phased, a plan for development continuity shall be presented.

d.

All common open space areas, greenbelts, and setback areas shall be documented on the plan, and no use of these areas other than those identified on the plan shall be permitted without a formal revision of the plan.

e.

On-site circulation routes for vehicles, pedestrians, bicycles, and the like shall be included as specific elements of the plan as well as the ingress and egress points from bordering public/private roads.

f.

A plot plan, to scale, that illustrates the following information:

(1)

A topographic map or plan whenever excavation or extreme movement of dirt is involved, with final plan contours indicated;

(2)

A stormwater and natural drainage plan illustrating planned direction of drainage as well as planned retention, channeling, or other surface control of drainage and showing any underground drainage facilities;

(3)

A landscape plan showing existing landscape materials to be preserved on-site as well as planned new landscape materials to be added to the site;

(4)

A utilities plan with an indication of any necessary easements and with sufficient detail to permit evaluation of engineering feasibility;

(5)

A buildings plan with an indication of the location, size and use of all buildings (including accessory structures) with elevation drawings showing the architectural character and style of buildings;

(6)

The location and area of all nonenclosed uses;

(7)

Illustration of all and any right-of-ways, public streets, private streets, acceleration and deceleration lanes, service drives, driveways, parking areas and loading areas;

(8)

A sign plan that illustrates the size, location and design of all signs;

(9)

Other site plan review information requirements as required by the Petoskey Zoning Ordinance; and

(10)

Any information which the city finds necessary to demonstrate that the plan meets the Regulation and standards for approval of a PUD as provided in section 2503.

Filing requirements. Filing requirements shall be the same as provided for the review of the preliminary plan (see section 2504(2) of this article).

Review of a final PUD rezoning site plan for decision. The planning commission, upon a thorough review of the final PUD rezoning site plan and all essential supporting documentation, shall act to recommend approval, conditional approval, or rejection of the final plan. Action to recommend approval of the final plan shall be based upon the planning commission finding that the plan is consistent with the approved preliminary plan and that the final plan meets the Regulations and standards for approval of a planned unit development (section 2503 of this article) and that the plan meets all other requirements of this article and of any other applicable local, state and federal codes, ordinances, and regulations.

The planning commission shall recommend its approval, conditional approval, or rejection of the final plan to the Petoskey City Council. If the final plan is approved by city council, or whenever approved subject to the fulfillment of any conditions, the final PUD rezoning site plan confers the designation of Planned Unit Development District on the property encompassed by the plan.

With the approved final plan and Planned Unit Development District designation, the applicant may proceed with the preparation of construction plans as provided for in the ordinance, and may subsequently seek any other necessary permits for construction.

7.

Standards and procedures for major and minor revisions to a planned unit development. Requests for changes or revisions to an approved planned unit development project may be initiated by the applicant. The city-designated city staff shall determine which of the three categories of plan revision applies to an applicant's request. In the event an applicant wishes to appeal such an interpretation, the request shall automatically be presented to the planning commission for review. Any request for revisions shall be assigned to one of the three categories of plan revision described based upon the standards described herein. Consideration of such revisions shall follow the procedures prescribed in this section as well as any procedures applicable from other sections of this chapter.

a.

Minor site plan revisions requiring review by the designated city staff. Minor changes to a previously approved PUD site plan may be approved without the necessity of planning commission or city council action if it is determined that the proposed revision, as a minor alteration, does not alter the basic design or any specific conditions of the plan as approved by the planning commission and city council. The city shall record all such changes on the original PUD site plan. Minor alterations or revisions under this section shall be limited to:

(1)

Shifting or reorientation of a building from the previously approved location, providing such shifting does not exceed the square root of the total building length or width that is parallel to the direction of the shift.

(2)

Redistribution of the dwelling units among the proposed structures, provided building height is not increased, and the dwelling unit density is not increased.

(3)

Addition to, or alteration of, approved sidewalks provided that the full intent of pedestrian movement through and around the site is not inhibited.

(4)

Additions to, or changes in species of landscape materials, provided that such change does not reduce the minimum landscape requirements.

(5)

Relocation of refuse collection stations provided such stations are adequately screened as required during previous planning commission review.

(6)

Internal rearrangement of parking lots and driveway locations, provided such functional rearrangement does not reduce the total number of parking spaces required, does not constitute a relocation of the parking lot, does not inhibit good traffic flow or circulation, and the minimum landscape requirements are maintained.

(7)

Any decrease in building size or changes in bedroom counts per dwelling unit in no more than ten percent of the total number of units.

(8)

Installation of recreational or maintenance facilities that do not require erection of a structure greater than 150 square feet in area.

(9)

Revisions to a sign plan except freestanding signs (per Petoskey Sign Ordinance, Article VIII) and revisions to wall-mounted signs not exceeding ten (10) percent of the area shown in the PUD sign plan.

(10)

Addition of accessory structures not exceeding 150 square feet in area.

(b)

Major revisions requiring administrative review by the planning commission (site plan amendments). Major changes to a previously approved PUD site plan may be approved only after review and with formal action by the planning commission. Major changes shall be any plan revisions that exceed the criteria of subsection 7(a) or revisions where the designated city staff determines that such revisions significantly alter the impact of the project upon community site plan standards as provided in section 1716 of the Petoskey Zoning Ordinance and/or the standards as provided in section 2504(6) of this article of the Petoskey Zoning Ordinance. Such revisions which also meet the criteria and standards of subsection 7(c) of this section shall also be subject to the review procedures set forth in that subsection.

(c)

Major revisions requiring legislative review at a public hearing of the planning commission and requiring notification of property owners within 300 feet of the PUD project. (Zoning amendments). Any major revisions to a PUD plan, hereby known as zoning amendments, which meet the criteria of this subsection 7(c) shall require planning commission review at a public hearing and shall require notification of all property owners within 300 feet of the parcel for which the zoning amendment is proposed.

A PUD zoning amendment shall be a revision to a planned unit development plan which:

(1)

Increases density of residential uses or increases the total number of residential units;

(2)

Increases the total square footage of floor area devoted to any type of nonresidential land uses;

(3)

Reduces the minimum exterior setbacks from surrounding property boundaries;

(4)

Alters the nonresidential land use mix for the site so as to add new land uses which are inconsistent with an approved preliminary PUD rezoning plan or an approved final PUD rezoning site plan.

(5)

Alters the general land use arrangement for the PUD project site.

The revision shall only be authorized upon recommendation of the planning commission and with the approval of the city council.

8.

Fees. Fees for PUD project master plan review shall be set from time to time by the Petoskey City Council.

(Ord. No. 604, 7-20-1987)