Rothbury City Zoning Code

R-PD RESIDENTIAL

PLANNED DEVELOPMENT DISTRICT

§ 154.245 INTENT AND PURPOSE.

(A) This subchapter provides enabling authority and standards for the submission, review, and approval of applications for Planned Unit Developments. It is the intent of this subchapter to authorize the consideration and use of Planned Unit Development regulations for the following purposes:

(1) To encourage the use of land in accordance with its character and adaptability;

(2) To promote the conservation of natural features and resources;

(3) To encourage innovation in land use planning and development;

(4) To promote the enhancement of housing, employment, shopping, traffic circulation, and recreational opportunities for the people of the village;

(5) To promote and ensure greater compatibility of design and use between neighboring properties; and

(6) To provide for the regulation of land uses not otherwise authorized within this subchapter.

(B) The provisions of this subchapter are not intended as a device for ignoring the Zoning Ordinance or the Master Plan upon which it has been based. To that end, provisions of this subchapter are intended to result in land use development substantially consistent with the underlying zoning.

(C) (1) The granting of a Planned Unit Development rezoning application shall require an amendment of the Zoning Ordinance and the Zoning Map constituting a part of this subchapter.

(2) An approval granted under this subchapter, including all aspects of the final site development plan and conditions imposed, shall constitute an inseparable part of the Zoning Ordinance.

(Ord. passed 3-15-2016)

§ 154.246 PERMITTED USES.

The following specific uses, as well as all other uses permitted in any zoning district by this subchapter and other special uses not so permitted, may be authorized as Planned Unit Developments:

(A) Camps and campgrounds;

(B) Cemeteries;

(D) Community swimming pools and other recreation facilities;

(E) Conference and convention facilities;

(F) Golf courses, country clubs, and clubhouses;

(G) Hotels and motels, bed and breakfast facilities, and similar rental accommodations;

(H) Hospitals and clinics;

(I) Industrial parks and/or research parks; provided, however, said parks shall not be located in an underlying residential district;

(J) State-licensed group homes and nursing homes;

(K) Marinas;

(L) Mobile home parks;

(M) Offices and office parks;

(N) Philanthropic institutions;

(O) Private clubs;

(P) Public and private schools and colleges;

(Q) Resorts and ranches, including motels, restaurants, and similar associated uses;

(R) Shopping centers; and

(S) Single-family, two-family, and multi-family dwellings and residential condominiums.

(Ord. passed 3-15-2016)

§ 154.247 DEVELOPMENT REQUIREMENTS AND STANDARDS.

(A) Minimum area. In order to be zoned for a PUD, the proposed PUD must contain a contiguous land area of at least ten acres in size. Land traversed by a dedicated public right-of-way shall be considered contiguous.

(B) Maximum density. The maximum density of any PUD shall not exceed the permitted densities of the underlying zoning district by more than one and one-half times. Densities shall be based on the gross area of the PUD. Where the underlying zoning districts have different density requirements, the proportional average shall be calculated and applied to the PUD.

(C) Minimum standards; underlying district and waiver. Unless specifically waived by the Village Board upon the recommendation of the Planning Commission, all regulations of the underlying zoning district prior to the PUD request relative to lot size, lot width, yard area, structure height, setback, accessory uses, signs, parking and loading, landscaping, general provisions, and other applicable regulations shall apply, except that in projects within an underlying residential district which contain mixed uses, the most restrictive district regulations within this subchapter under which each non-residential use would otherwise be permitted shall apply. Departures shall only be waived if it is demonstrated by the applicant that there are features or planning mechanisms designed into the project which would achieve the objectives of each of the regulations from which a departure is being requested.

(D) Design considerations. A proposed PUD shall take into account the following specific design considerations, as they are necessary to ensure compliance with all applicable regulations and to ensure the compliance of the project with adjoining properties and the general area where the property is located:

(1) Ingress and egress to property and proposed buildings and structures thereon with particular reference to vehicle and pedestrian safety and convenience, traffic flow, and control and access in case of fire or catastrophe;

(2) Off-street parking and loading where required, with particular reference to impacts of noise, glare, or odor on each use in the proposed PUD and adjacent land uses;

(3) Refuse and service areas;

(4) Utilities, with reference to locations, availability, and compatibility;

(5) Screening and buffering, with reference to type, dimensions, and character;

(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjoining properties, and properties, in the proposed PUD; and

(7) Required yards and other open spaces;

(a) General compatibility with adjoining properties, and properties, in the proposed PUD; and

(b) The purposes of this subchapter.

(E) Review standards. In making its recommendations or approvals, the Planning Commission and Village Council shall find that the proposed PUD meets the intent of the PUD District and the following standards.

(1) Granting of the PUD rezoning will result in a recognizable and substantial benefit to the ultimate users of the project and to the community where such benefit would otherwise be unfeasible, or unlikely to be achieved.

(2) In relation to underlying zoning, the proposed type and density of use shall not result in a material increase in the need for public services, facilities, and utilities, and shall not place a material burden upon the subject or surrounding land or property owners and occupants of the natural environment.

(3) The proposed development shall be compatible with the Master Plan of the village, and shall be consistent with the intent and spirit of this subchapter.

(4) The PUD shall not diminish the opportunity for surrounding property owners to develop and use their property as zoned.

(5) The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this subchapter. This provision shall not prohibit a transfer of ownership or control upon due notice to the Building Inspector.

(6) All zoning pursuant to this subchapter shall give due consideration to maintenance of reasonable conditions regarding the emission and transmission of injurious or obnoxious noise, vibrations, gas, smoke, dust, dirt, litter, odor, light glare, traffic congestion, ease of police and fire protection, drainage, lateral land support, blighting influence, effect on surrounding property values, light and air, overcrowding of persons, sanitation, surfaced and groundwater quality, water supply and sewage disposal, general appearance and character of the area, and other similar considerations which have an effect on the achievement of the purposes of this subchapter.

(Ord. passed 3-15-2016)

§ 154.248 APPLICATION AND PROCEDURES.

(A) Prior to the submission of an application for PUD, the applicant shall meet with the Building Inspector and such consultants as deemed appropriate. The applicant shall present at such pre-application conference, or conferences, a sketch plan of the PUD, and the following information:

(1) A legal description of the property in question;

(2) The total number of acres to be included in the project;

(3) A statement of the approximate number of residential units and/or the approximate number, type, and square footage of non-residential units;

(4) The approximate number of acres to be occupied and/or devoted to or by each type of use;

(5) Departures from the minimum underlying zoning regulations which may be requested;

(6) The number of acres to be preserved as open space or recreation space; and

(7) All known natural resources and natural features.

(B) Applicants for PUD approval shall prepare and submit to the Building Inspector nine copies of a preliminary site plan for the PUD. The Building Inspector shall transmit a copy of this plan to the Planning Commission and the Village Board. This plan shall set forth, in general terms, the proposed uses to be developed in the PUD and the following specific information:

(1) The legal description of the land included in the PUD;

(2) A small scale location sketch of properties, streets, and uses within 300 feet of the PUD;

(3) A map or drawing to scale showing the conceptual layout and any existing or proposed arrangements of:

(a) General uses;

(b) Streets;

(d) Access points;

(e) Other transportation arrangements;

(f) Buffer strips; and

(g) Recreation and open space areas.

(4) A narrative describing:

(a) The overall objectives of the PUD;

(b) Number of acres allocated to each use;

(d) Proposed method of providing sewer and water service and other public and private utilities;

(e) Proposed method of providing storm drainage; and

(f) Phasing plan, if the final site plan approved will be developed in phases.

(C) The Planning Commission shall review the preliminary site plan and make recommendations to the applicant based on the requirements of this subchapter and specific site-related considerations.

(1) The Planning Commission shall transmit its recommendations pertaining to the preliminary site plan along with any recommended changes or modifications thereof to the applicant.

(2) A copy of the Planning Commission’s recommendations shall be transmitted to the Village Board. In the course of its consideration of the preliminary site plan, the Planning Commission shall call a public hearing and give such notice as required for any zoning amendments.

(3) After receiving the recommendation of the Planning Commission, the Village Board shall either approve, deny, or approve with conditions the PUD application and preliminary site development plan site plan in accordance with this subchapter and the standards for approval and conditions for a PUD as contained herein.

(4) A building permit shall not be issued until Planning Commission approval of the PUD final site development plan.

(5) Where provisions of the Land Division Act (formerly known as the Subdivision Control Act), Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, and/or the Condominium Act, Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, as amended, shall apply, the applicant shall thereafter submit the information and plans as may be required by Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, or Public Act 59 of 1978, being M.C.L.A. §§ 559.101 through 559.272, and all other local procedures or regulations pertaining to platting approval.

(D) (1) The PUD amendment including the preliminary site development plan, as approved, and narrative, and all conditions imposed, if any, shall constitute the land use authorization for the property.

(2) All improvements and uses shall be in conformity with this amendment, except as otherwise permitted by this subchapter. The applicant shall record an affidavit with the County Register of Deeds, which shall contain the following:

(a) Date of approval of the PUD by the Village Board;

(b) Legal description of the property; and

(c) A statement that the property will be developed in accordance with the approved PUD final site development plan and any conditions imposed by the Village Board or Planning Commission unless an amendment thereto is duly approved by the village upon the request and/or approval of the applicant or applicant’s transferees and/or assigns.

(E) A certified copy of the affidavit shall be provided to the village.

(1) After receiving the PUD rezoning and preliminary site plan approval from the Village Board, the applicant shall have one year to submit a final site development plan for review and approval to the Planning Commission prior to starting any construction. This one-year limit shall apply to only the first phase or stage of development and may be extended for a period of one additional year by the Planning Commission upon finding that the PUD development has encountered unforeseen difficulties and is not ready to proceed.

(2) The final site development plan shall contain the same information required for the preliminary site development plan and shall contain such other information, including that listed below, unless otherwise instructed by the Planning Commission:

(a) Location and phasing of all buildings and structures in the PUD;

(b) Location and size of all water, sanitary sewer, and storm sewer lines serving the development;

(d) Proposed landscaping, including type, number, and size of trees and shrubs;

(e) Location of signs and exterior lighting;

(f) Location of sidewalks, footpaths, or other pedestrian walkways;

(g) Distance of all buildings from the lot lines, rights-of-way, and other principal buildings;

(h) Exterior architectural drawings noting building materials, height and area of buildings, and accessory structures; and

(i) Next proposed phases of the project (timing and physical extent).

(F) Prior to setting the public hearing, the applicant shall submit all required and requested information to the village. Once complete, the Building Inspector shall transmit the complete application to the Planning Commission. The Planning Commission shall determine a date for, and hold a public hearing for, consideration of the PUD final site development plan. Notice shall be given in accordance with special use application.

(G) Following the public hearing, the Planning Commission shall either approve, deny, or approve with conditions the final site plan, in writing. In making its decision, the Planning Commission shall find that the proposed PUD meets the intent of the PUD District and the standards identified above.

(Ord. passed 3-15-2016)

§ 154.249 REQUIRED IMPROVEMENTS AND PERFORMANCE GUARANTEES.

(A) (1) In approving a permit for a PUD, the Village Board may, in addition to other matters, require that all, or any part of, the improvements and other elements of the PUD be constructed and completed prior to the issuance of an occupancy permit.

(2) In the event that these buildings, improvements, or other elements are partially completed to a point where occupancy will not impair the health, safety, and general welfare of all parties concerned, then the Building Inspector may, in accordance with the provisions of this subchapter relating to authorization of a special use, grant an occupancy permit on such reasonable conditions relating to completion as the Building Inspector shall establish. The Building Inspector may, in his or her discretion, refer any such decision concerning the conditional occupancy permit to the Planning Commission.

(B) To ensure compliance with the Zoning Ordinance and any conditions imposed hereunder, the Village Board may, in granting approval of a PUD, require a performance guarantee, to consist of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the village covering the estimated cost of improvements associated with the PUD, to be deposited with the Village Clerk to ensure faithful completion of the improvements.

(1) This performance guarantee shall be deposited at the time of the issuance of the permit authorizing the PUD. If the performance guarantee is a cash deposit, it shall be rebated periodically by the Planning Commission on application by the depositor in reasonable proportion to the ratio of the work completed on the required improvements.

(2) For the purposes of this section, the word IMPROVEMENTS shall mean those features and actions associated with the PUD which are considered necessary by the Village Board to protect natural resources, and/or the health, safety, and welfare of the residents of the village and future users or inhabitants of the proposed PUD and the area surrounding the PUD, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements do not include the entire PUD.

(Ord. passed 3-15-2016)

§ 154.250 MODIFICATION OF PUD.

(A) (1) Minor changes to a PUD final site development plan may be approved by mutual agreement of the applicants or successors in interest and the Planning Commission, provided the changes comply with all applicable requirements of this Zoning Ordinance and all other village regulations.

(2) Minor changes include all matters that were approved by the Planning Commission in the final development plan that were not part of the preliminary development plan, that the location of structures, roads, parking areas, signs, lighting, and driveways may be moved; provided they are in the same general location as approved in the preliminary site development plan as determined by the Planning Commission, and building size that does not exceed 5,000 square feet, or 5% of the gross floor area, whichever is smaller.

(B) A major change to an approved PUD shall comply with the original approval procedures for a PUD. Major changes include, but are not limited to: increase in density or number of dwelling units; increase in land area or building size; except as noted above; or addition of other uses not authorized by the original PUD approval.