A.

The Planned Unit Development (PUD) Option is intended to permit, with City Council approval subject to Section 138-7.106, private or public development which is substantially in accordance with the goals and objectives of the City's Master Land Use Plan.

B.

The development permitted under this Article, planned unit development option, shall be considered an optional means of development only upon terms agreeable to the City. The provision of this option imposes no obligation on the City to encourage or foster its use. The decision whether to approve the use of this option shall be at the sole discretion of the City Council.

C.

The PUD option permits flexibility in the regulation of land development by encouraging innovation through an overall development plan to provide variety in design layout; to achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; to encourage the creation of useful open spaces particularly suited to the needs of the parcel(s) in question; and to provide appropriate housing, employment, service and shopping opportunities.

D.

It is further intended that the PUD option may be used to permit nonresidential uses of residentially zoned areas; to permit residential uses of nonresidential zoned areas; to permit densities or lot sizes that are different from the applicable district(s) and to permit the mixing of land uses that would otherwise not be permitted; provided that other objectives are met and the resulting development will promote the public health, safety and welfare.

E.

It is further intended that the development will be laid out so that the various land uses and building bulk will 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.

The term "planned unit development" means a specific parcel of land or several contiguous parcels of land, for which a comprehensive physical plan meeting the requirements of this Article, establishing functional use areas, density patterns, a fixed system of streets (where necessary), provisions for public utilities, drainage and other essential services and similar factors necessary or incidental to development has been approved by the City Council and which has been, is being, or will be developed in accordance with the approved final plan.

The PUD option may be used in any zoning district classification; however, in order to qualify for the PUD option, it must be demonstrated that all of the following criteria will be met:

A.

The PUD option shall not be used for the sole purpose of avoiding applicable requirements of this ordinance. The proposed activity, building or use not normally permitted shall result in an improvement to the public health, safety and welfare in the area affected.

B.

The PUD option shall not be utilized in situations where the same land use objectives can be accomplished by the application of conventional zoning provisions or standards.

C.

The PUD option may be used only when the proposed land use will not materially add service and facility loads beyond those contemplated in the master land use plan. The applicant must demonstrate to the satisfaction of the City that the added loads will be accommodated or mitigated by the applicant as part of the PUD.

D.

The PUD shall meet as many of the following objectives as may be deemed appropriate by the City:

1.

To preserve, dedicate or set aside open space or natural features due to their exceptional characteristics or their environmental or ecological significance in order to provide a permanent transition or buffer between land uses, or to require open space or other desirable features of a site beyond what is otherwise required in this ordinance.

2.

To guarantee the provision of a public improvement that would not otherwise be required to further the public health, safety or welfare, protect existing uses or potential future uses in the vicinity of the proposed development from the impact of a proposed use, or alleviate an existing or potential problem relating to public facilities.

3.

To promote the goals and objectives of the master land use plan and other applicable long range plans such as the master thoroughfare plan.

4.

To facilitate development consistent with the Regional Employment Center goals, objectives, and design standards in the City's master land use plan.

5.

To preserve and appropriately redevelop unique or historic sites.

6.

To permanently establish land use patterns that are compatible with or will protect existing or planned uses.

7.

To provide alternative uses for parcels that can provide transition or buffers to residential areas and to encourage redevelopment of sites where an orderly transition or change of use is desirable.

8.

To enhance the aesthetic appearance of the City through quality building design and site development.

A.

A land use plan shall be submitted for the area within the PUD. The land use plan shall be defined by the districts of the zoning ordinance that are to apply to the components of the PUD area.

B.

Principal uses permitted and special land uses permitted in the zoning ordinance shall be allowed within the districts identified on the PUD plan, except that City Council may prohibit some uses from districts designated on the PUD plan. The City Council may also permit uses not otherwise permitted in the district if specifically noted on the PUD plan. Conditions applicable to principal uses permitted and special land uses permitted shall be used as guidelines for design and layout. Conditions may be waived or modified by the Planning Commission provided that such waivers or modifications are indicated on the PUD plan.

The height, bulk, density and setback standards of each zoning district shall be applied to each specific district area designated on the PUD plan, except as specifically modified and noted on the PUD plan.

The submittal, review and approval process shall consist of the following two steps:

A.

Step One: PUD option application and preliminary plan.

1.

Authorized applicant. A person owning or controlling the land may request consideration of the PUD option. The applicant shall submit a request for a determination as to whether the parcel qualifies for the PUD option under the criteria set forth below in subsection 3.c., Planning Commission Review.

2.

Submittal of proposed PUD preliminary plan. Application shall be made to the Planning and Economic Development Department for review and recommendation by the Planning Commission, except in case of a development application that is being submitted with an EGLE Restoration and Remediation Grant Application in which case the review and recommendation shall be made by the EGLE Grant Committee. The application shall include the following:

a.

A certified boundary survey of the exact acreage being requested prepared by a registered land surveyor (scale: not smaller than one inch equals 100 feet).

b.

A topographic map of the entire area at a contour interval of not more than two feet. This map shall indicate all major stands of trees, bodies of water, wetlands and unbuildable areas (scale: not smaller than one inch equals 100 feet).

c.

A proposed project land use plan identifying the following items of information. The project land use plan shall be drawn at a scale no smaller than one inch equals 100 feet:

i.

Land use areas requested in the PUD option and identified or defined by the proposed zoning districts.

ii.

Vehicular and pedestrian circulation, including major drives, the location of vehicular and pedestrian access points, non-motorized and pedestrian pathways, and cross sections and public or private streets.

iii.

Transition treatment, including minimum building setbacks from property lines and land use boundaries within the PUD.

iv.

The general location of nonresidential buildings and parking areas, estimated floor areas, building coverage, number of stories, building height, and proposed building facade elevations.

v.

The general location and density of proposed residential unit types, including lot width and lot area for detached single-family residences.

vi.

The general location of all woodlands, wetlands, water bodies and watercourses and proposed stormwater management facilities.

vii.

The boundaries of open space areas that are to be preserved and reserved and an indication of the proposed ownership thereof.

viii.

A schematic landscape treatment plan for open space areas, streets and border/transition areas within the PUD and along perimeter property lines.

ix.

A preliminary grading plan, identifying the extent of grading and any areas that are not to be graded or disturbed.

x.

A preliminary utility plan, including a contemplated water distribution, storm and sanitary sewer plan.

xi.

Any deed restrictions or restrictive covenants associated with the property.

xii.

All easement locations.

xiii.

A written statement explaining in detail the applicant's full intentions under the PUD option including the type of dwelling units or uses contemplated and resulting population, floor area, parking and supporting documentation, including the intended schedule of development.

d.

Written verification from the owner of the property that the applicant is authorized to pursue a PUD.

e.

A development application that is being submitted with an EGLE Restoration and Remediation Grant Application must also provide all of the information listed in the EGLE Development Application.

3.

Planning commission or EGLE Grant Committee review.

a.

The Planning Commission shall hold a public hearing in accordance with Section 138-1.203, report its findings and make a recommendation to the City Council concerning the PUD option application and preliminary plan.

b.

A development application that is being submitted with an EGLE Restoration and Remediation Grant Application shall be reviewed by the EGLE Grant Committee, which shall report its findings and make a recommendation to the City Council concerning the EGLE Development application and preliminary plan.

c.

The Planning Commission or EGLE Grant Committee shall review the proposed PUD preliminary plan for compliance with the following objectives and requirements:

i.

The proposed PUD meets the qualification criteria as defined in Section 138-7.103.

ii.

The proposed PUD promotes the land use goals and objectives of the City.

iii.

All applicable provisions of this Chapter shall be met. Where provisions of this Chapter conflict with any other sections of this ordinance, the provisions of this Chapter shall control and apply to the lands within a PUD area.

iv.

There is, or will be at the time of initial development, adequate means of disposing of sanitary sewage and supplying the development with water, and the road system and stormwater drainage system are adequate.

4.

City Council review. Upon receipt of a recommendation from the Planning Commission, or EGLE Grant Committee for a development application that is being submitted with an EGLE Restoration and Remediation Grant Application, City Council shall review the PUD option application and preliminary plan and make the final determination on the applicant's fulfillment of the above-stated objectives and requirements.

a.

In the case of an EGLE Development Application, the City Council shall hold a public hearing in accordance with Section 138-1.203.

b.

Once an application for PUD and the preliminary plan have been approved by the City Council, development or other use may not take place on the property within the PUD except in accordance with the approved preliminary plan or in accordance with an approved amendment thereto.

c.

Approved plans shall not be terminated except with the approval of the City Council and the applicant, its successor or assign.

B.

Step Two: Submission of final site plans and schedule for completion of the approved PUD.

1.

If City Council approves the application, it shall require the applicant to prepare a PUD agreement, conforming to [Section 138-7.108] below, setting forth the conditions upon which the City's approval is based. After review and recommendation by the City attorney, Planning Commission and subsequent approval by the City Council, the agreement shall be executed by the City and the applicant. Approval shall be granted only if the City Council determines all provisions of this ordinance have been met and that the proposed development will not adversely affect the public health, safety and welfare.

2.

Prior to the issuance of any permits for activity within the PUD area, final site plans and open space plans for a project area shall be submitted to the planning department for review and recommendation by the Planning Commission and final City Council approval based on the following:

a.

Review and approval of site plans shall comply with this section except as otherwise modified in the approved PUD plan. Review and approval of plats shall comply with Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), as amended, and applicable ordinances of the City.

b.

Before approving any final plan, the Planning Commission shall determine that:

i.

All portions of the project area shown upon the approved plan for the PUD for use by the public or the residents within the PUD have been dedicated to such use in the PUD agreement;

ii.

The final site plans are in conformance with the approved PUD agreement and PUD plan;

iii.

In accordance with the PUD agreement, provisions have been made to guarantee open space and common area improvements shown on the final plan, and that maintenance of such improvements is assured in accordance with the PUD agreement.

3.

Plans for tree removal permit and wetland permit review shall be submitted at the time of step two review.

4.

Final site plans for the PUD area must be submitted and approved within two years of the execution of the PUD agreement, or such other period of time stated in the PUD agreement. If such plans have not been submitted and approved within the prescribed time, the right to develop under the approved plan may be terminated by the City.

5.

If development of approved final site plans is not substantially completed in three years (or such other period of time stated in the PUD agreement) after approval, further final submittals under the PUD shall cease until the development of part in question is completed or cause can be shown for not completing same. An applicant may request up to two one-year extensions of PUD approval subject to City Council approval.

(Ord. No. 183, § 15, 6-18-2018; Ord. No. 200, § 1, 5-12-2025)

Fees for review of PUD plans under this ordinance shall be set forth in City Code Chapter 110.

The PUD agreement shall contain, at a minimum, the following information:

A.

The permitted uses of the property.

B.

The permitted density and/or intensity of use.

C.

Dimensional provisions, including but not limited to, building floor areas, setbacks, and building height.

D.

Provisions for reservations or dedications of land for public purposes, if applicable.

E.

Conditions, terms, restrictions and requirements on which approval is based, including phasing requirements, requirements for on-site or off-site improvements and contributions to improvements to public facilities.

F.

A timeframe for commencement and completion of improvements associated with the PUD, including both public infrastructure improvements and internal site improvements, along with the means of ensuring that all public improvements are constructed and maintained.

G.

A statement indicating that, except as otherwise provided by the agreement, regulations governing permitted uses of land, density, design, improvement and construction standards and specifications applicable to development of the property shall be the regulations in force at the time. The PUD agreement shall not prevent the City from applying new or amended regulations that do not conflict with the PUD agreement.

H.

A requirement that if changes in federal or state laws or regulations enacted after the agreement has been executed operate to prevent compliance with parts of the agreement, or render compliance impractical or unreasonably difficult, the inconsistent provisions of the agreement shall be modified, deleted or suspended as necessary to conform to such changes in federal or state law.

I.

Procedures for amending the PUD agreement.

J.

Penalties for violating the PUD agreement or failing to complete improvements included in the PUD.

(Ord. No. 183, § 16, 6-18-2018)

Proposed amendments or changes to an approved PUD plan shall be submitted to the Planning Commission. The Planning Commission shall determine whether the proposed modification is minor in nature and does not to violate the area and density requirements or materially affect the overall character of the PUD plan. In such case, the Planning Commission may approve or deny the proposed amendment. If the Planning Commission determines the proposed amendment is material in nature, the amendment must be reviewed by the Planning Commission and approved by the City Council in accordance with the procedures applicable to final approval of the planned unit development.

Only planned neighborhood development projects which were approved and not rescinded, vacated or denied, and which were actually in the process of construction under provisions of Ordinance No. 36, which ordinance was repealed on May 29, 1975, may continue to completion under the provisions of this Article.

A.

Effect of preliminary approval.

1.

No development may take place in any area approved under Ordinance No. 36, before its repeal, except in accordance with the plan approved or in accordance with a City Council approved amendment thereto.

2.

After the preliminary approval, the development shall progress without any unreasonable delay. If, in any one-year period, there is no filing of a final plan, and there is land which has not yet received final approval, the City Council may request a conference with the developer regarding the progress of the development. If it appears, after a hearing, for which notice shall be given to the developer, there is no reasonable likelihood the project will continue, the board may terminate the approvals previously given.

B.

Submission of final plans. Before any building permits shall be issued for buildings and structures within the area of planned neighborhood development, a final plan for any given project area of not less than 50 acres shall be submitted to the City Council for review following a recommendation by the Planning Commission. If the open space for the entire planned neighborhood development has been irrevocably committed to that purpose, a final plan need not contain an area of at least 50 acres. The City Council may consider and approve a site plan of less than 50 acres if it appears in the best interest of the development and the objectives of this ordinance and if to do otherwise would cause a hardship. A final plan shall meet the following requirements:

1.

A detailed site plan, fully dimensioned, showing a fully scaled plan view of all buildings other than detached single-family, all public roads rights-of-way and private streets, boundaries and acreage of each zone district and the proposed ultimate density thereof, parking areas, utilities, churches, schools and areas to be set aside for the use of the public or by residents within the development (scale: 1" = 50').

2.

The proposed topography (contour interval of at least two feet) shall be superimposed on all site plans (scale: 1" = 50').

3.

Typical floor plan for all principal buildings and structures, other than single-family detached dwellings, with a schedule of building types to be included in the final plan.

4.

Approval of each functional use area within a project area shall be based on the area meeting the standards of this ordinance as to density. To accomplish this standard, open space and/or common areas of adequate size shall be shown with each project area being presented. This total land area shall then be used to compute density. Subaqueous or submerged bottomland of lakes or streams shall be excluded in computing the area of a parcel except that where the lands abutting such lakes or streams are developed in park or open space for the use of residents of the neighborhood, the surface area of such lakes or streams may be used to compute density.

5.

The term "open space" shall be defined as areas without buildings other than those incidental to recreational activities having a nature of a park. The term "common areas" shall be those areas designated as such which are set aside for use, in common, by the residents of the project which shall include community centers, swim clubs, etc.

C.

Approval of final submittal by City Council. Approval of each project area shall be effective for a period of three years. If development is not completed in this period, further submittals under this planned neighborhood development approach shall cease until the project in question is completed or sufficient cause can be shown to the City Council for not completing the development. In reviewing and approving the final plans, the following conditions shall be set forth:

1.

Approval shall be granted by the City Council only after review and recommendation by the Planning Commission. Public hearings shall not be required.

2.

A dedication of all main collector roads shall be made so as to cause continuity of public access between the adjacent major thoroughfare and ingress and egress to all private development within the plan.

3.

Before approving any final plan, the City Council shall determine that:

a.

All areas shown upon the comprehensive plan for the entire planned neighborhood development area for use by the public or the residents of land within the planned neighborhood development, in common, have been irrevocably committed to such uses by dedication, restrictive covenants or in some other manner satisfactory to the City Council.

b.

The final plan is in general conformity with the original plan previously approved.

4.

Provisions, satisfactory to the City Council, have been made to provide for the financing of any improvements shown on the plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is ensured by a means satisfactory to the City Council.

5.

Proceeding with a planned neighborhood development should be permitted only if it is mutually agreeable to the City Council and the developer or sponsor.

A.

Boundary Strip. All of the standards of the schedule of regulations which were in effect at the time of the original approval of the project, for the applicable one-family district shall be applied to a strip at least 360 feet in depth around the outer boundaries of the area proposed for a planned neighborhood development where such area abuts a one-family district. Development of this strip shall be in complete conformity with the zoning requirements of the abutting one-family district and shall be developed only with one-family detached residential structures, provided that the strip may be penetrated by park, golf course, or other related open space, subject to the approval of the Planning Commission. All other uses permitted in the one-family districts shall be prohibited from this strip. The City Council may vary or eliminate this 360-foot requirement when the parcel in question cannot be practicably developed at this depth, due to topography, existing or proposed abutting development, or abutting heavily traveled major thoroughfares, existing or proposed. It may also be waived when the abutting land use does not require a buffer of single-family homes.

B.

Density. The overall maximum permitted density within any planned neighborhood development (PND) shall not exceed the following density:

1.

In those use districts zoned R-1-A or R-1-B one-family residential prior to approval of a plan was approved under section 1402(3) of Ordinance No. 36, the maximum density of the PND shall not exceed 3.9 dwelling units per acre, subject to subsection B.3. of this section.

2.

In those use districts zoned R-1-C or R-1-D one-family residential prior to approval of a plan that was approved under section 1402(3) of Ordinance No. 36, the maximum density of the PND shall not exceed 5.6 dwelling units per acre, subject to subsection B.3. of this section.

3.

The overall density of the PND shall be averaged for the entire PND area included within the proposed plan. Nonresidential use areas and subaqueous or submerged bottom land of lakes or streams, except as provided in Section 138-7.201.B.4. shall be excluded in computing the area of the parcel and, therefore, the related density. Areas where a public or semipublic use is located or placed shall be included for density computation on the basis of 67 percent of the area. A semipublic use shall be defined as a use involving a major office or headquarters of a recognized charitable organization, a YMCA, church, etc.

C.

One-family dwellings required. Not less than 65 percent of the area planned for residential development must be devoted to single-family detached dwellings; however, the board, after the recommendation of the Planning Commission, may vary this when the parcel in question cannot practically be developed on this basis.

D.

Common areas. On the final development plan of any one project area, the common areas and open spaces shown on the plan may be used to maintain the average density as required under subsection B. of this section.

E.

Yard requirements. Except as set forth for the 360-foot strip around the outer boundary of the planned neighborhood development, all yards for one-family development may be reduced from the requirements of the schedule of regulations as follows subject to the review and approval of the Planning Commission: Front yards may be reduced by ten feet. At least 20 feet of combined side yards shall be provided between buildings.

F.

Multiple family. Only areas zoned for multiple-family residential on May 29, 1975 shall be developed under the schedule of regulations in effect at the time of the original approval of the project, with the inclusion of the open space and common areas in the computations of density. Any new areas rezoned to multiple-family residential after May 29, 1975, shall be developed under the schedule of regulations in effect at the time of development. Land area once used in computing density for one project shall not again be used to compute density in another. Where one-unit and two-unit structures are proposed, there shall be compliance with the following:

1.

A property owner desiring to develop land zoned multiple-family residential with one-family and/or two-family dwelling units, other than as a subdivision which meets the requirements of the regulations for the R-4 single-family residential district, shall first obtain the approval of the City Council, after recommendation by the Planning Commission. Approval under these provisions shall allow the property owner certain latitude for innovative designs and concepts as an alternative to the normal setback requirements, etc. Therefore, special provisions for regulation of the development are necessary in order to ensure a harmonious development and the avoidance of potential problems after the project is completed.

2.

Before tentative approval of a preliminary plat shall be given, a site plan shall be presented and approved which meets the requirements of Article 2, Chapter 2 pertaining to site plan review.

3.

Before approval shall be given, the property owner of the total area approved for a planned neighborhood development and the City shall agree to the number of dwelling units allowed for the total planned neighborhood development, which shall include the designation of density limitations for specific areas of the development. The property owner and the City shall agree to a specific reduction in density for an area zoned multiple-family residential which is developed under these provisions for one-family and two-family dwelling units. Once an area is so developed under these provisions, another area of the planned neighborhood development may not be increased in density to compensate for the allowable units not used in the areas developed under these provisions for one-family and/or two-family dwelling units.

4.

No more than 5.6 dwelling units per gross acre on the average of the acres with lots located thereon may be allowed for any area designated in a site plan and developed under these specific provisions for one-family and/or two-family dwelling units.

5.

Before approval the property owner shall provide and the City Council shall approve a written agreement which will be recorded and will be binding upon and run with the land that will provide for an association which will be continuous and have the authority to enforce deed restrictions and/or covenants, and will ensure restrictions and/or covenants containing at least the following:

a.

Prohibition of any accessory buildings.

b.

Prohibition of swimming pools in any area except common areas.

c.

Prohibition of any dwelling unit, once built, from being converted to any multiple-family building without the expressed written approval of the City.

6.

With reference to Ordinance 36, section 1401, subsection E. shall be modified to allow a reduction in the side-to-side minimum distance between buildings in accordance with the following formula but not less than "X."

Y (LA + LB)

T = 2 Where T equals the required minimum horizontal area between the sidewall of building A and the sidewall of building B.

LA and LB as defined in subsection E.

X and Y shall be defined as follows and determined from the following table:

X = The minimum permissible distance, in any instance

Y = The average distance

Where building distance formula are not applicable, the minimum distance may be reduced to 20 feet.

The minimum distance between windows in adjacent buildings shall be 13 feet.

7.

The minimum floor area for a single level dwelling unit shall be 912 square feet. The minimum first floor area of multilevel, one-family and two-family dwelling units shall be 650 and 575 square feet, respectively. If a basement is not provided, an additional 100 square feet shall be added to the minimum required first floor area for utilities.

8.

The platting of lots shall be permitted. Minimum yard setbacks, as stated in the schedule of regulations, need apply only to the peripheral bounding lot lines of the planned development, except where boundary lines are contiguous to planned open space, a 15-foot minimum setback shall be required; the intent is to allow flexibility in the placement of all lot lines within the site, provided the required minimum distances between buildings is maintained. Furthermore, the maximum percentage of lot coverage by all buildings, as stated in the schedule of regulations, shall apply to the entire planned development so platted and need not apply to individual lots. In locations where building walls are less than five feet from lot lines, wall openings shall not be permitted and an easement provided so that a minimum of five feet is available for maintenance access.

A.

Under this Article, the entire neighborhood area shall be fully developed and/or platted and recorded within a period not to exceed ten years from the date of approval of the initial project area plan with the granting of subsequent one-year extensions by the Planning Commission being permissible.

B.

In the development of any planned neighborhood development, the percentage of platted and recorded single-family lots at any given time in relation to the number of multiple-family dwelling units approved for building permits shall be at least in proportion to the ratio between the total number of single-family units and the total number of multiple-family units planned for the entire development.