(a)

Intent. A planned unit development project is viewed as an integrated development concept. To that end, the provisions of this article are not intended to be used as a device for avoiding the zoning requirements that would otherwise apply, but rather to allow flexibility and mixture of uses, and to improve the design, character and quality of new development. The use of a planned unit development to permit variations from other requirements of this ordinance shall only be approved when such approval results in improvements to the public health, safety and welfare in the area affected, and in accordance with the intent of this article.

(b)

Purpose. A planned unit development and the associated planning and development regulations, as set forth herein, are designed to achieve the following purposes:

(1)

Encourage developments that will result in a long-term contribution to social, environmental and economic sustainability in the City of Saline.

(2)

Permit development patterns that respond to changing public and private needs.

(3)

Encourage flexibility in design and use that will result in a higher quality of development and a better overall project than would be accomplished under conventional zoning, and which can be accommodated without sacrificing established community values.

(4)

Provide for the long-term protection and/or preservation of natural resources, natural features, and/or historic and cultural resources.

(5)

Promote the efficient use and conservation of energy.

(6)

Encourage the use, redevelopment and improvement of existing sites where current ordinances do not provide adequate protection and safeguards for the site or its surrounding areas, or where current ordinances do not provide the flexibility to consider redevelopment, replacement, or adaptive re-use of existing structures and sites.

(7)

Provide for enhanced housing, employment, recreation, and shopping opportunities for the citizens of Saline.

(8)

Ensure the compatibility of design and use between various components within the PUD and with neighboring properties and uses.

(9)

Ensure development that is consistent with the intent of the master plan.

(Ord. No. 869, § 1, 8-5-24)

(a)

Effects. The approval of a PUD shall constitute an amendment of the zoning ordinance and the zoning map constituting a part of this ordinance. An approval granted under this article including and all conditions imposed shall constitute an inseparable part of the zoning ordinance.

(b)

Where permitted. A PUD which includes only residential and accessory recreational uses may be applied for in any zoning district. A PUD which is either exclusively nonresidential or includes a mix of residential and nonresidential uses may be applied for in any zoning district which has access to the city sewer service area.

(c)

Uses permitted. Any land use authorized in this chapter may be included in a PUD, subject to the limitations of nonresidential and mixed-use developments to the city sewer service area and the adequate protection of public health, safety, and welfare to protect and ensure the compatibility of varied land uses both within and outside the development.

(d)

Deviations. Physical standards relating to matters such as building height, bulk, density, parking and setbacks will be determined based upon the specific PUD plan presented, and its design quality and compatibility with adjacent uses, rather than being based upon the specific standards contained in the underlying zoning districts or in those districts within which the proposed uses otherwise occur.

(Ord. No. 869, § 1, 8-5-24)

In order to be considered for the planned unit development option, it should be demonstrated that the following standards will be met, as reasonably applicable to the site:

(1)

The proposed development shall be applied for by a person or entity who has the legal right to execute a binding agreement covering all parcels in the PUD.

(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 or the natural environment.

(3)

A development consistent with and meeting the intent of this article, which will promote the intent of the master plan or the intent of any applicable corridor or sub-area plans. If conditions have changed since the master plan, or any applicable corridor or sub-area plans were adopted, the uses shall be consistent with recent development trends in the area.

(4)

The applicant shall demonstrate that by using PUD option, the development will accomplish a sufficient number of the following objectives, as are reasonably applicable to the site, providing:

a.

A mixture of land uses that would otherwise not be permitted without the use of the PUD provided that other objectives of this article are also met.

b.

A public improvement or public facility (e.g., recreational, transportation, safety and security) which will enhance, add to or replace those provided by public entities, thereby furthering the public health, safety and welfare.

c.

A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be infeasible or unlikely to be achieved absent these regulations.

d.

Long-term protection and preservation of natural resources, natural features, and historic and cultural resources, of a significant quantity and/or quality in need of protection or preservation, and which would otherwise be unfeasible or unlikely to be achieved absent these regulations.

e.

A compatible mixture of open space, landscaped areas, and/or pedestrian amenities.

f.

Appropriate land use transitions between the PUD and surrounding properties.

g.

Design features and techniques, such as green building and low impact design, which will promote and encourage energy conservation and sustainable development.

h.

Innovative and creative site and building designs, solutions and materials.

i.

The desirable qualities of a dynamic built environment that is compact, designed to human scale, and exhibits contextual integration into its surroundings.

j.

The PUD will reasonably mitigate impacts to the transportation system and enhance non-motorized facilities and amenities.

k.

For the appropriate assembly, use, redevelopment, replacement and/or improvement of existing sites that are occupied by obsolete uses and/or structures.

l.

A complementary variety of housing types that is in harmony with adjacent uses.

m.

A reduction of the impact of a non-conformity or removal of an obsolete building or structure.

n.

Includes all necessary information and specifications with respect to structures, heights, setbacks, density, parking, circulation, landscaping, amenities and other design and layout features, exhibiting a due regard for the relationship of the development to the surrounding properties and uses thereon, as well as to the relationship between the various elements within the proposed planned unit development. In determining whether these relationships have been appropriately addressed, consideration shall be given to the following:

1.

The bulk, placement, and materials of construction of the proposed structures and other site improvements.

2.

The location and screening of vehicular circulation and parking areas in relation to surrounding properties and the other elements of the development.

3.

The location and screening of outdoor storage, loading areas, outdoor activity or work areas, and mechanical equipment.

4.

The hours of operation of the proposed uses.

5.

The location, amount, type and intensity of landscaping, and other site amenities.

o.

Parking shall be provided in order to properly serve the total range of uses within the planned unit development. The sharing of parking among the various uses within a planned unit development may be permitted. The applicant shall provide justification to the satisfaction of the city that the shared parking proposed is sufficient for the development and will not impair the functioning of the development, and will not have a negative effect on traffic flow within the development and/or on properties adjacent to the development.

p.

Innovative methods of stormwater management that enhance water quality shall be considered in the design of the stormwater system.

q.

The proposed planned unit development shall be in compliance with all applicable federal, state and local laws and ordinances, and shall coordinate with existing public facilities.

(5)

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 natural resources and the health, safety, and welfare of the users of the planned unit development 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 city council after recommendation from the planning commission.

(Ord. No. 869, § 1, 8-5-24)

The procedure for the review and approval of a PUD shall include the following three steps:

(1)

Pre-application meeting. All planned unit development (PUD) projects are required to undergo a pre-application meeting to facilitate a complete and thorough review. This requirement is deemed necessary because PUD projects are generally complex with potentially higher intensity development that could have a major impact on surrounding land uses and significantly affect the health, safety, and general welfare of city residents.

(2)

Preliminary PUD plan approval. The second step shall be the approval of a preliminary PUD plan, which requires a legislative enactment amending the zoning district map so as to reclassify the property as a planned unit development. A proposed PUD agreement shall be included and incorporated with the preliminary PUD plan, to be agreed upon and approved coincident with said plan. The preliminary PUD plan and PUD agreement shall be approved by the city council following the recommendation of the planning commission. Such action, if and when approved, shall confer upon the applicant approval of the preliminary PUD plan and shall rezone the property to PUD in accordance with the terms and conditions of the preliminary PUD plan and PUD agreement.

(3)

Final PUD plan approval. The third step of the review and approval process shall be the review and approval of a final development plan (final site plan) for the entire project, or for any one or more phases of the project.

(Ord. No. 869, § 1, 8-5-24)

(a)

Pre-application meeting. Prior to the submission of an application for a PUD, the applicant shall meet with zoning official, a member of the planning commission, and such consultants or staff as deemed appropriate by the zoning official. Additional pre-application review meetings may be requested by the applicant or city representatives.

(b)

Application. Applicants shall submit, at minimum, the following information to be reviewed at the pre-application meeting or meetings:

Table 10.05.B.1 Data Requirements for
Pre-Application PUDs

(Ord. No. 869, § 1, 8-5-24)

(a)

Application. After the pre-application review meeting or meetings, an application for preliminary PUD plan approval shall be filed with the city clerk on a form provided by the city. Complete preliminary PUD plan applications shall be accompanied by the other data, exhibits, and information required by this ordinance and other applicable city ordinances. Payment of fees shall be required along with the submission of a preliminary PUD plan.

(b)

Required data. Preliminary PUD plan applications shall include the information and materials set forth in Table 10.06.B.1, which shall be in a plan format together with a narrative explanation and draft planned unit development (PUD) agreement. The zoning official shall have the authority to waive certain information and materials if it is determined that such information and materials do not affect compliance with this ordinance.

(c)

Staff/consultant review of preliminary site plan. Upon receipt, the zoning official shall determine if the preliminary PUD plan includes the required information set forth in this ordinance. If complete, the zoning official shall forward the preliminary PUD plan to all applicable city departments, consultants, outside agencies, and other applicable review entities. City departments, consultants, outside agencies, and other applicable review entities shall review the plan and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions, and recommendations to the zoning official.

Table 10.06.B.1 Data Requirements for Preliminary PUDs

(d)

Preliminary PUD plan review procedure.

(1)

Public hearing—Planning commission. The planning commission shall hold a public hearing on the proposed preliminary PUD plan in the manner provided for in section 17.01 of this ordinance.

(2)

Planning commission review and recommendation. After holding a public hearing, the planning commission shall review the preliminary PUD plan according to the provisions of sections 10.03. Following the public hearing, the planning commission shall recommend to the city council either approval, denial, or approval with conditions.

(3)

Public hearing—City council. After receiving the recommendation of the planning commission, the city council shall hold a public hearing on the proposed preliminary PUD plan. Notice of the public hearing shall be published in the manner provided for in section 103 of the Michigan Zoning Enabling Act (PA 110 of 2006), as amended.

(4)

City council review and determination—Preliminary PUD plan. After holding a public hearing, the city council shall approve, deny, or approve with conditions the preliminary PUD plan in accordance with the standards for approval and conditions for a PUD as contained herein.

(e)

Recording of PUD agreement. Upon the granting of preliminary PUD plan approval, the PUD agreement shall be recorded in the office of the Washtenaw County Register of Deeds by the City of Saline, referencing the legal description of the subject property.

(f)

Effect of preliminary PUD plan approval. Approval of the preliminary PUD plan shall constitute an amendment of the zoning map to designate the subject site as a PUD.

(g)

Approval period. The approved preliminary PUD plan and rezoning shall be valid for a period of two years, starting on the effective date of the city council's approval. The applicant shall submit a final PUD plan for the first phase of the project, or for the entire project if the development will not occur in phases, before the two-year period expires. Thereafter, the final PUD plan for each subsequent phase shall be submitted to the city for review and approval within one year of the previous final PUD plan approval. Following final PUD plan approval for one or more phases or for the entire PUD, no use or development of the subject property may occur which is inconsistent with the approved preliminary PUD plan and PUD agreement. Any final PUD plans that do not comply with the requirements of this article shall not be considered submittals for purposes of this section.

(h)

Abandonment of preliminary PUD plan. Approved preliminary PUD plans for which a final PUD plan or plans has not been submitted as required under section 10.06(g) shall be considered abandoned for the purposes of this article. The applicant may request a one-year extension of preliminary PUD plan approval, which will be considered and acted upon by the city council following a public hearing. A written request for extension must be received by the city before the expiration of the three-year preliminary PUD plan approval period, or within one year following the approval of the most-recent final PUD plan.

(Ord. No. 869, § 1, 8-5-24)

(a)

Application. Following preliminary PUD plan approval, an application for final PUD plan approval shall be filed with the city clerk on a form provided by the city. Complete final PUD plan applications shall be accompanied by the other data, exhibits, and information required by this ordinance and other applicable city ordinances. Payment of fees shall be required along with the submission of a final PUD plan.

(b)

Required data. Final PUD plan applications shall include the information and materials set forth in Table 10.07.B.1, which shall be in a plan format together with supplemental documents as applicable. The zoning official shall have the authority to waive certain information and materials if it is determined that such information and materials do not affect compliance with this ordinance.

(c)

Staff/consultant review of preliminary site plan. Upon receipt, the zoning official shall determine if the final PUD plan includes the required information set forth in this ordinance. If complete, the zoning official shall forward the final PUD plan to all applicable city departments, consultants, outside agencies, and other applicable review entities. City departments, consultants, outside agencies, and other applicable review entities shall review the plan and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions, and recommendations to the zoning official.

Table 10.07.B.1 Data Requirements for Final PUDs

(d)

Final PUD plan review procedure.

(1)

Planning commission review and recommendation. The planning commission shall review the final PUD plan and determine whether the plan complies with sections 10.01 and 10.03 of this article, the preliminary PUD plan, the preliminary PUD agreement, and any conditions of preliminary PUD approval. The planning commission shall recommend to the city council either approval, denial, or approval with conditions.

(2)

City council review and determination—Preliminary PUD plan. After receiving the recommendation of the planning commission, the city council shall approve, deny, or approve with conditions the final PUD plan in accordance with the standards for approval and conditions for a PUD as contained herein.

(e)

Effect of final PUD plan approval. The final PUD plan, accompanying documents, and all conditions imposed, if any, shall constitute the land use authorization for the property.

(f)

Abandonment of final PUD plan. Approved final PUD plans, upon which construction does not commence within a one-year period from the date of a final PUD plan approval, shall be considered abandoned for the purposes of this article. The applicant may request a one-year extension of final PUD plan approval, which will be considered and acted upon by the city council following a public hearing. A written request for extension must be received by the city before the expiration of the one-year final PUD plan approval period.

(Ord. No. 869, § 1, 8-5-24)

The city council, based upon the recommendation of the planning commission, shall resolve all ambiguities as to applicable regulations using this zoning chapter, the master plan and other city standards or policies as a guide.

(Ord. No. 869, § 1, 8-5-24)

(a)

Reasonable conditions may be required with the approval of a preliminary and final PUD to the extent authorized by law. Conditions may be included which are deemed necessary to ensure 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, to protect the natural environment and conserving natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

(b)

Conditions imposed shall meet the following requirements: be designed to protect natural resources and the public health, safety, and welfare of individuals in the project and those immediately adjacent, and the community as a whole; reasonably related to the purposes affected by the planned unit development; and, necessary to meet the intent and purpose of this ordinance, and be related to the objective of ensuring compliance with the standards of this ordinance. All conditions imposed shall be made a part of the record of the approved planned unit development.

(c)

Conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and remain unchanged except upon the mutual consent of the city council and the landowner. The city shall maintain a record of conditions which are changed.

(Ord. No. 869, § 1, 8-5-24)

The city may require a performance bond or similar guarantee in accordance with section 8.12 in order to ensure completion of the required improvements.

(Ord. No. 869, § 1, 8-5-24)

A developer may request a change to an approved preliminary PUD plan or an approved final PUD plan. A change in an approved preliminary PUD plan or an approved final PUD plan which results in a major change, as defined in this section, shall require an amendment to the preliminary PUD and final PUD plan. All amendments shall follow the procedures and conditions herein required for original submittal and review. A change which results in a minor change as defined in this section shall require a revision to the approved final PUD plans and approval by the city council following review by the planning commission.

(1)

The following changes shall be considered major:

a.

Change in the concept of the development;

b.

Change in use or character of the development;

c.

Change in the type of dwelling unit;

d.

Change in the number of dwelling units (density);

e.

Change in nonresidential floor area;

f.

Change in lot coverage or floor area ratio of the entire PUD;

g.

Change in the character or function of any street;

h.

Change in land area set aside for common space or the relocation of such areas; and

i.

Change in building height.

(2)

The following changes shall be considered minor:

a.

A change in residential floor space;

b.

Minor variations in layout which do not constitute major changes.

(3)

The planning commission shall have the authority to determine whether a requested change is major or minor, in accordance with this section. The burden shall be on the applicant to show good cause as to any requested change.

(Ord. No. 869, § 1, 8-5-24)

City action following preliminary PUD plan abandonment. Following any action evidencing abandonment of the preliminary PUD plan, whether through failure to proceed during the preliminary PUD plan period as required under this article, or through notice of abandonment given by the property owners, applicants or their successors, the city council shall be entitled to take any necessary and appropriate action to rescind the preliminary plan approvals, to invalidate any related agreements, and to rezone the subject property from PUD to an appropriate classification. Abandonment shall be deemed to rescind any and all rights and approvals granted under and as part of the preliminary PUD plan, and the same shall be deemed null and void. Evidence of such actions shall be recorded in the office of the Washtenaw County Register of Deeds by the City of Saline, referencing the legal description of the subject property.

(Ord. No. 869, § 1, 8-5-24)

The zoning board of appeals shall have no authority in matters covered by this article. Modifications to plans or proposals submitted under this article shall be processed in accordance with the amendment procedures covered under section 10.11 thereof.

(Ord. No. 869, § 1, 8-5-24)

Any violation of an approved final PUD plan or PUD agreement shall be considered a violation of the zoning ordinance, which shall be subject to the enforcement actions and penalties described in section 3.07.

(Ord. No. 869, § 1, 8-5-24)