Royal Oak City Zoning Code
ARTICLE VIII
Planned Unit Development PUD
§ 770-98 PUD regulations.
A.
A PUD may be applied for in any zone district The approval of a PUD application shall require rezoning by way of amendment of this chapter based upon a recommendation of the Plan Commission and approval of the City Commission.
B.
Any land use authorized in this chapter may be included in a PUD, subject to adequate public health, safety, and welfare protection mechanisms being designed into the development to ensure the compatibility of varied land uses both within and outside the development.
C.
The applicant for a PUD must demonstrate all of the following criteria as a condition to being entitled to PUD treatment:
(1)
Granting of the PUD will result in one of the following:
(a)
A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations; or
(b)
A nonconforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.
(2)
The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, streets and utilities.
(3)
The proposed development shall be consistent with the public health, safety and welfare of the City.
(4)
The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.
(5)
The proposed development shall be under single ownership and/or control such that there is a single entity having responsibility for completing the project in conformity with this chapter.
(6)
The proposed development shall be consistent with the goals and policies of the City of Royal Oak Master Plan.
§ 770-99 Procedure for review.
A.
Preapplication conference. Prior to the submission of an application for PUD approval, the applicant shall meet with the Zoning Administrator, together with any staff and consultants the Director deems appropriate. The applicant shall present at such conference, or conferences, a sketch plan of the proposed PUD, as well as the following information: total number of acres in the project; a statement of the number of residential units, if any; the number and type of nonresidential uses; the number of acres to be occupied by each type of use; the known deviations from ordinance regulations to be sought; and the number of acres to be preserved as open or recreational space.
B.
Preliminary plan. Following the preapplication conference, the applicant shall submit a preliminary site plan of the proposed PUD. The preliminary site plan shall be prepared in accordance with the standards set forth in § 770-12B, site plan review. A narrative report prepared by the applicant shall accompany the site plan providing a description of the project, discussing the market concept and feasibility of the project, and explaining the manner in which the criteria set forth in § 770-98 have been met.
(1)
Plan Commission action. The preliminary plan shall be noticed for public hearing before the Plan Commission. Following the hearing, the Plan Commission shall review the preliminary site plan and shall take one of the following actions:
(a)
Approval.
[1]
Upon finding that the preliminary plan meets the criteria and standards set forth herein, the Plan Commission shall grant preliminary approval. Approval shall constitute approval of the uses and design concept as shown on the preliminary plan and shall confer upon the applicant the right to proceed to preparation of the final plan.
[2]
Approval of the preliminary plan by the Plan Commission shall not bind the City Commission to approve the final plan.
(b)
Tabling. Upon finding that the preliminary plan does not meet the criteria and standards set forth herein but could meet such criteria if revised, the Plan Commission may table action until a revised preliminary plan is resubmitted.
(c)
Denial. Upon finding that the preliminary plan does not meet the criteria and standards set forth herein, the Plan Commission shall deny preliminary approval.
C.
Final plan. Within six months following receipt of the Plan Commission approval of the preliminary plan, the applicant shall submit a final plan to the Plan Commission with supporting materials conforming to this section. The final plan shall be consistent with the approved preliminary plan. If a final plan is not submitted by the applicant for final approval within six months following receipt of Plan Commission approval, the preliminary plan approval becomes null and void. The Plan Commission may grant a time extension upon receipt of a written request from the applicant provided the written request is received before the expiration of the six months.
(1)
Information required. A final site plan and application for a PUD shall contain the following information:
(b)
A separately delineated specification of all deviations from this chapter which would otherwise be applicable to the uses and development proposed in the absence of the application of the PUD article.
(c)
A specific schedule of the intended development and construction details, including phasing or timing.
(d)
A specific schedule of the general improvements to constitute a part of the development, including, without limitation, lighting, signage, the mechanisms designed to reduce noise, utilities, and visual screening features.
(e)
A specification of the exterior building materials with respect to the structures proposed in the project.
(f)
Signatures of all parties having an interest in the property at the time of submission.
(g)
Identify the person or entity who will have control over the project.
(2)
Plan Commission action. The final plan shall be noticed for public hearing as a rezoning before the Plan Commission, and otherwise acted upon by the Plan Commission, and the City Commission, as provided by law.
(a)
Approval. Upon finding that the final plan meets the criteria and standards set forth in § 770-12, the Plan Commission may approve the plans.
(b)
Tabling. Upon finding that the final plan does not meet the criteria and standards set forth in § 770-12, but could meet such criteria if revised, the Plan Commission may table action until a revised final plan is resubmitted.
(c)
Denial.
[1]
Upon finding that the final plan does not meet the criteria and standards set forth in § 770-12, the Plan Commission shall deny the final plans.
[2]
The Plan Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the PUD project, including, without limitation, recommendations with respect to matters on which the City Commission must exercise discretion.
(3)
City Commission action.
(a)
Upon receiving a recommendation from the Plan Commission, the City Commission shall review the final plan. Taking into consideration the recommendations of the Plan Commission and the criteria and standards set forth herein, the City Commission shall approve, table or deny the final plan.
(b)
Prior to approval of a final plan, the City Commission shall require all standards and conditions of approval to be incorporated in a development agreement. The agreement shall be prepared by the City Attorney, approved by the City Commission, and signed by both the City and the applicant.
§ 770-100 Project design standards.
A.
Residential design standards.
(1)
Project density shall be based on the density permitted in the zone district in which the property is situated immediately prior to classification under this article. Additional density for residential uses is permitted, subject to approval recommendation by the Plan Commission and approval by the City Commission. The approved density shall be based upon a demonstration by the applicant of the following:
(a)
Consistency with the Master Plan;
(b)
Innovative planning and design excellence;
(c)
Relationship to adjacent land uses;
(d)
Pedestrian and/or vehicular safety provisions;
(e)
Aesthetic beauty;
(f)
Provisions for the users of the project; and
(g)
Demonstration that the resulting benefits would otherwise be unlikely to be achieved without the PUD application.
B.
Nonresidential design standards.
(1)
Nonresidential uses may be permitted in combination with other nonresidential uses or as part of a common development with residential uses.
(2)
The nonresidential uses, including parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles.
C.
General design standards.
(1)
Deviations from the applicable setbacks, parking and loading, general provisions, and other requirements may be granted as part of the overall approval of the PUD, provided there are features or elements demonstrated by the applicant and deemed adequate by the City Commission upon the recommendation of the Plan Commission designed into the project plan for the purpose of achieving the objectives of this article.
(2)
There shall be a perimeter setback and berming, as found to be necessary by the City, for the purpose of buffering the development in relation to surrounding properties. Such perimeter setback shall be established at the discretion of the Plan Commission, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.
(3)
Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.
(4)
There shall be underground installation of utilities, including electricity and telephone, as found necessary by the City.
(5)
Pedestrian walkways shall be separated from vehicular circulation, as found necessary by the City.
(6)
Signage, lighting, landscaping, building materials for the exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.
(7)
Where nonresidential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms such as earthen and/or landscape berms and/or decorative walls, shall be employed. The City, in its discretion, shall review and approve the design and location of such mechanisms.
(8)
The Plan Commission shall resolve all ambiguities as to applicable regulations using this chapter, Master Plan, and other City standards or policies as a guide.
§ 770-101 Conditions may be required.
Reasonable conditions may be required with the approval of a PUD, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner.
§ 770-102 Phasing and commencement of construction.
A.
Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of the health, safety, and welfare of the users of the PUD and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the Plan Commission.
B.
Commencement and completion of construction. To ensure completion of required improvements, the City is authorized to impose performance guaranties in accordance with § 770-16, Performance guaranty. Substantial construction shall be commenced within one year following final approval of a PUD and shall proceed substantially in conformance with the schedule set forth by the applicant, as required by § 770-12, Site plan review. If construction is not substantially commenced and continues within such time, approval of the PUD shall expire and be null and void. However, an extension for a specified period may be granted by the City Commission upon good cause shown if such request is made to the City Commission prior to the expiration of the initial period. Moreover, in the event approval of the PUD has expired, the City Commission shall require a new application which shall be reviewed in light of then existing and applicable law and ordinance provisions.
§ 770-103 Effect of approval.
When approved, the PUD with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such authorization. Notice of adoption of the final PUD plan and conditions shall be recorded by the applicant at the Oakland County Register of Deeds.