given area, other than by conventional zoning district controls. This alternative approach to land development is designed to give greater development flexibility, thereby encouraging higher dedication to quality of land use and site design. It is further the intent of this development approach that the alternative land use development patterns permitted in the PD District will be designed and laid out with particular attention to creating a desirable human experience by establishing harmonious relationships between land use types relative to uses of land, the location of uses on the land and the architectural and functional compatibility between them.

   (b)   A planned development project is viewed as an integrated development concept. To that end, the provisions of this chapter are not intended to be used as a device for avoiding the zoning requirements that would otherwise apply, but rather to 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; encourage flexibility and mixture of uses; and to improve the design, character, and quality of new development. The use of a planned development to permit variations from other requirements of this chapter 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 chapter.

(Ord. 516. Passed 8-26-92; Ord. 945. Passed 4-18-12.)

   A recommendation from the Planning Commission to Council to reclassify land, and the reclassification of the land to a PD District by Council, shall be predicated on both bodies finding that:

   (a)   The site contains at least ten net acres of contiguous land;

   (b)   The predominant use that is intended to occupy the land occupies at least one-half of the entire net land area of the site; and

   (c)   The specific types of land use proposed are acceptable.

(Ord. 945. Passed 4-18-12.)

   (a)   An application for development under the standards of this District shall be made as permitted under Section 503 of Act 110 of the Public Acts of 2006, as amended, and in accordance with the procedures and requirements of this chapter and as follows:

      (1)   Submittal of an application for development under the PD District shall first be made to the Planning Commission for its review and recommendation to Council. The application must be complete before review may commence.

      (2)   It is further the intent of the PD District that once a parcel of land has been granted site plan approval and thereby rezoned to a PD District by Council, no development shall take place thereon and no use shall be made of any part thereof, except in strict accordance with the approved application and plans, or in accordance with an approved amendment thereto.

   (b)   The contents of an application submittal shall include:

      (1)   A mapped property area survey of the exact area being requested for rezoning;

      (2)   A proof of ownership of the land or an option to purchase land being requested for rezoning, with notarized documentation from the landowner approving of the rezoning request;

      (3)   A written report containing an assessment of the impact that the rezoning and accompanying development will have on the site. The report shall consist of at least the following:

         A.   The general character and substance;

         B.   Objectives and purposes to be served;

         C.   Compliance with all applicable City ordinances, regulations, and standards;

         D.   Scale and scope of development proposed;

         E.   Development schedules;

         F.   Compliance with the adopted Master Plan and any other applicable plan of the City;

         G.   A statement that the applicant is aware of the general soil conditions of the site and of the surrounding area;

         H.   A statement as to the general vegetation characteristics of the site, in terms of type, coverage and quality. A detailed survey of these conditions is not required, but an outline of the tree coverage shall be provided on the site plan. The statement may be prepared, and the tree outline drawn, from information taken from recent aerial photographs and field observations;

         I.   A statement explaining in detail the full intent of the applicant, indicating the specifics of the type of development proposed for the site and if the proposed development will have a residential or a nonresidential orientation;

         J.   A statement as to how the intended use of the property would affect the nature of the land on which it is to be located, and the effect that the district requested and its intended land use development will have on adjacent properties, particularly with respect to drainage patterns; and

         K.   A statement as to the potential social and economic impact the rezoning and proposed land use will have on the area in terms of the number of people who could be expected to live or work on the site; the number of school age children, if applicable, that can be expected; the need for public facilities, such as parks, schools, utilities, roads and public safety; the anticipated potential floor space to be used for shopping or working areas; the market potential for the proposed uses; and the potential vehicular traffic generation of the use and its impact on the existing road network with respect to traffic flow, current road conditions and road capacities.

      (4)   A preliminary site plan of the entire area in question, carried out in such detail as to comply with the site plan review requirements set forth in Section 1298.07. In addition to these requirements, the site plan shall contain a detailed statement with respect to each of the following:

         A.   A statement with respect to the general topography of the site as well as the adjoining lands surrounding the site, including any significant natural or man-made features;

         B.   A statement concerning the relationship of one building to another, both on-site and in the surrounding area, relative to entrances, service areas and mechanical appurtenances;

         C.   A statement concerning general rooftop appearances, particularly those rooftops which will lie below finished street grades or as may be viewed from the windows of higher adjacent existing or proposed buildings;

         D.   A statement relative to the extent and general makeup of landscaping, off-street parking areas and adjoining service drives on surrounding lands;

         E.   A statement as to the general layout of the site conforming to any street, road or other public conveyance, and public utility layouts, including drainage courses, that are any part of a previously approved plat or plan;

         F.   A statement as to the general architecture of the proposed building, including overall design and types of facade materials to be used and how the proposed architectural design and facade materials will be complimentary to existing or proposed uses within the site and on surrounding lands;

         G.   A clear designation on each building depicted on the site plan as to its specific use, i.e. residential, retail, commercial, service commercial, office, etc. In those instances where the actual occupant of the use is known, the name of the proposed occupant shall be included; and

         H.   A definitive project phasing plan showing the boundaries of each phase and estimated timing schedule by phase to completion in accordance with Section 1288.04(b).

      (5)   A written analysis which demonstrates that the applicant has the financial capacity to complete the project.

(Ord. 516. Passed 8-26-92; Ord. 916. Passed 8-18-10; Ord. 945. Passed 4-18-12.)

   (a)   The Planning Commission, upon receipt of an application to rezone and develop under the PD Planned Development District, as set forth in Section 1288.03, shall first set a public hearing date for review of the application. The Commission, in making its review, shall adhere to the conditions set forth in this section.

   (b)   In considering a request to rezone land to a PD District, the Commission shall recommend approval of the request to Council only after it finds that:

      (1)   The request to rezone is being made with the full intent of developing the land in strict accordance with the requirements of the PD District.

      (2)   The uses proposed for development in accordance with the submitted site plan are compatible with existing uses on adjacent lands.

      (3)   The area being requested for rezoning is either fully served by public utilities and services such as but not limited to streets, police, and fire protection, drainage, water, water and sanitary sewer, refuse disposal, and sidewalks; or will be fully served through the extension of such public utilities and services to the site at the time of development.

      (4)   The preliminary site plan is in compliance with the review criteria set forth in this chapter and this Zoning Code.

      (5)   The preliminary site plan is consistent with the City's Master Plan.

      (6)   Each phase of the proposed planned development contains adequate infrastructure, open-space, recreational facilities, landscaping, and any other necessary conditions so that a failure to proceed with subsequent phases of the development will have no adverse impact on the completed phases(s) or surrounding property.

      (7)   The preliminary site plan meets all the requirements of Section 1298.07 for preliminary site plans.

      (8)   The plan satisfies the intent of this section with respect to the use of land and principal and accessory use relationships within the site, as well as with uses on adjacent sites.

      (9)   All existing or proposed streets, roads, utilities and marginal access service drives, as may be required, are correctly located on the site plan.

      (10)   The plan meets all applicable standards of this Zoning Code and this chapter, relative to building height, bulk, area requirements, dwelling unit density, building setbacks, off-street parking, and preliminary site engineering requirements.

      (11)   There exists a reasonably harmonious relationship between the placement of buildings on the site and buildings on lands in the surrounding area, and there is functional compatibility between all structures on the site and structures within the surrounding area to ensure proper relationships between:

         A.   The topography of the adjoining lands as well as that of the site itself, including any significant natural or man-made features;

         B.   One building and another, whether on-site or on adjacent land, i.e. entrances, service areas and mechanical appurtenances; and

         C.   Street, road and public utility layouts approved for the area.

   (c)   Council Review or Preliminary Site Plan.

      (1)   Upon review of the preliminary site plan by the Planning Commission, the Commission shall forward its findings and recommendations, along with all plans and supporting documents, to Council for its review.

      (2)   Council shall review the preliminary site plan with regard to the Commission's recommendations and the review requirements and conditions set forth in subsection (b) hereof. Council shall approve the preliminary site plan, provided that all the conditions as set forth in subsection (b) hereof are met.

      (3)   Once the preliminary site plan has been approved by Council, no development shall take place therein and no use shall be made of any part thereof, until final site approval has been given by Council, and then only in accordance with the approved plan or in accordance with an approved amendment to that plan.

      (4)   Approval of the preliminary site plan by Council shall give appropriate direction to the applicant to proceed with development of the final site plan.

      (1)   The final site plan shall:

         A.   Contain all the requirements set forth in Section 1298.07;

         B.   Include plans and drawings illustrating, in detail, all physical layouts as indicated on the approved preliminary site plan, as well as building elevations of all building walls, including a legend detailing facade materials, landscaping plans and other physical plan details, such as lighting, signs, etc., being proposed. Supporting documentation in the form of building plans and schedules of construction may also be requested.

      1.   The Commission, in making its review of the building wall elevations and building facade materials, shall, to the best of its ability, be satisfied that there exists a reasonably harmonious relationship between the location of buildings on the site and the surrounding area, and that there is reasonable architectural compatibility between all structures on the site and structures within the surrounding area to ensure proper relationships between:

               i.   The rooftops of buildings that may be below street levels or that may be seen from windows of higher adjacent buildings;

               ii.   Landscape plantings, off-street parking areas and service drives on adjacent lands; and

               iii.   The architecture of the proposed buildings, including overall design and facade material used. Architectural design and facade material should be complimentary to existing or proposed buildings within the site and the surrounding area. It is not intended herein that proper design contrasts in architectural design and in use of facade materials is to be discouraged, only that care shall be taken to ensure that any such contrasts will not be so out of character with existing building design and facade materials as to conflict instead of contrast with other buildings or to create an adverse effect on the stability and value of the surrounding buildings.

         A.   The final site plan is in conformity with the preliminary site plan and meets the conditions as set forth in subsection (e) hereof.

         B.   The dedication of public rights of way or planned public open spaces, where proposed on the site plan or as may be otherwise required, shall have been made.

         C.   In residential use areas, any prorated open space has been irrevocably dedicated and retained as open space for park, recreation and related uses, and all such lands meet the requirements of the City.

         D.   Where applicable, marginal access road easements or rights of way have been provided.

         A.   When Council finds that such conditions are met, it may grant final site plan approval.

         B.   The granting of final site plan approval shall constitute rezoning of the land contained within the approved final site plan to the PD District. Rezoning under the PD District shall rely upon the plan submitted and all supporting documentation. The plan, therefore, is basic to the rezoning. Adoption by Council of the zoning ordinance amendment, the final approved site plan and all supporting documents shall be made an integral part of the zoning amendment to the PD District, and, for the purposes of recordation, shall be referred to as "Planned Development No. ," which number shall correspond to the number of the amending ordinance, and which shall thereafter be recorded with the County Register of Deeds.

         A.   Revisions to an approved preliminary or final site plan shall require the re-submittal of plan revisions to the City for an administrative review. The City, in making its review, may require such revisions to be resubmitted to the Planning Commission and Council for review and approval when, in its opinion, such revisions constitute a major or significant change in the previously approved plans, or when it feels such changes may compromise the intent and review standards of the PD District as herein set forth. Significant changes include, by way of example only and not as a limitation, increased dwelling unit size or density, increased nonresidential use areas, loss of substantial amounts of parking or relocation of buildings.

         B.   The Commission and Council, in making a review of a revised site plan, shall find that any such revisions forwarded to them for review and approval meet all minimum requirements of this chapter, including its general intent.

         A.   Approval of a preliminary site plan shall be effective for a period of one year from the date of preliminary approval by Council.

         B.   Approval of a final site plan shall be effective for a period of two years from the date of final approval by Council.

         C.   If substantial development is not evidenced on the site within two years from the date of final approval by Council, all site plan approvals may be terminated. Thereafter, the Commission may initiate the rezoning of the property from a PD District to a zoning district recommended for the site on the City's Master Plan Map.

         D.   Revocation may occur for the entire development or a particular phase of development. Thereafter, the Commission may initiate the rezoning of the property from a PD District to a zoning district recommended for the site on the City's Master Plan Map.

         E.   For purposes of this section, "substantial" means that at least twenty- five percent of the development shall be in place, or well under construction on the site, within two years from the date of final approval by Council.

(Ord. 516. Passed 8-26-92; Ord. 916. Passed 8-18-10; Ord. 945. Passed 4-18-12.)

   (a)   If development is to be undertaken in phases, the first development phase shall include not less than twenty-five percent of the total development proposed for the site, and shall include all infrastructure, including, but not limited to, streets, relating to that phase, as well as all indoor and outdoor recreation facilities and community buildings that relate to the entire development.

   (b)   Each development phase shall be clearly identified on the site plan with a phase development line and identified as to which phase it is, i.e., Phase 1, etc. All such data pertaining to each phase shall be clearly enumerated on the site plan by phase, including the land area, in square feet or acres, involved in each phase.

(Ord. 916. Passed 8-18-10; Ord. 945. Passed 4-18-12.)

   (a)   The City Council shall require irrevocable letter of credit, acceptable to the Council covering the estimated cost of developments be deposited with the City Clerk to insure faithful completion of the developments. The performance guarantee shall be deposited at the time of issuance of the permit authorizing the activity or project. The City shall not require the deposit of the performance guarantee until it is prepared to issue the permit.

      (1)   The performance guarantee shall include a schedule of costs assigned to several developments. Monies may be released, but are not required to be released to the applicant in proportion to the work completed and accepted on the various developments. The City reserves the right to retain all the funds until the project is fully completed and accepted by the City.

      (2)   Any partial release of funds shall leave a balance of not less than twenty percent of the guarantee, which shall be retained by the City until all work has been completed and subsequently inspected and approved by the City.

      (3)   If a project is judged to have been abandoned, and after at least ninety days since written notice to the landowner of such finding has passed, the City shall either complete such developments or restore the site to a pre-development condition, with its cost and reasonable administrative and legal charges to be drawn from the performance guarantee.

   (b)   The Planning Commission may as a condition of final site plan approval, require the proprietor to enter into a development agreement with the City. Such agreement shall set forth and define the responsibilities of the proprietor and the City.

(Ord. 916. Passed 8-18-10; Ord. 945. Passed 4-18-12.)

   (a)   The Commission may recommend that City Council impose reasonable conditions with the approval of an application to rezone and develop under the PD Planned Development District, to the extent authorized by law, for the following purpose:

      (1)   To ensure that public services and facilities affected by the proposed development will be capable of accommodating increased service loads caused by the development.

      (2)   To protect the natural environment and conserve natural resources and energy.

      (3)   To ensure compatibility with adjacent uses of land.

      (4)   To promote the use of land in a socially and economically desirable manner.

      (5)   To protect the public health, safety, and welfare of the individuals in the development and those immediately adjacent and the community as a whole.

   (b)   In the event that an application to rezone and develop under the PD Planned Development District is approved subject to conditions, such conditions shall become a part of the record of approval, and shall be modified only as provided herein.

(Ord. 916. Passed 8-18-10; Ord. 945. Passed 4-18-12.)

   In a PD Planned Development District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses:

   (a)   Single-family dwellings subject to the conditions set forth in Section 1288.09(b)(3).

   (b)   Multiple-family dwellings subject to the standards set forth in Section 1288.09(b)(4).

   (c)   Planned commercial centers as defined in Section 1260.07(102).

   (d)   Offices and office-related uses permitted in the RO District.

   (e)   Office-research facilities, including experimental and testing laboratories, provided that no product shall be manufactured, warehoused or otherwise stored on site for sale or distribution.

   (f)   Convention or conference centers, including motels, motor hotels, auditoriums, theaters, assembly halls, concert halls or similar places of assembly, and related accessory uses when made an integral part of the center.

   (g)   Banquet halls and sit-down and fast food restaurants, except drive-in or drive- through establishments.

   (h)   Mixed uses, including any of the permitted uses set forth in subsections (a) to (g) hereof, as well as select commercial uses when deemed acceptable by the Planning Commission and Council and when they are made an integral part of a larger planned multi-use complex.

(Ord. 516. Passed 8-26-92; Ord. 819. Passed 12-14-05; Ord. 945. Passed 4-18-12.)

   (a)   It is the implied intent of the PD Planned Development District to encourage quality development by providing for a diversified mix of land use. It is further the intent of this mixed use district to encourage qualitative design innovation by minimizing specific height, bulk, density and area standards, thereby giving the applicant freedom to configure buildings, parking and related site amenities in ways that would otherwise be discouraged or curtailed under the standards of conventional zoning districts. Freedom from extensive layout controls is intended to encourage utilization of a site in ways that will more fully satisfy the site review criteria set forth in the PD District, so long as it is clearly understood that the absence of such regulatory standards in no way implies, or is to be interpreted to mean, that such critical site layout standards are excused or may be ignored with respect to development in a PD District. To the contrary, proper building setbacks and the thoughtful location and tasteful application of site amenities shall be considered as crucial design elements of any development proposed under the guidelines of the PD District and will be subject to careful review and evaluation by the City. Site plans which minimize or show little regard for such amenities will be subject to rejection by the City.

   (b)   Standards that apply to all development permitted in the PD District are outlined in this section. Since it is the implied intent of the PD District to encourage quality development through flexibility in and through land use design innovation, only the following specified development control standards, in addition to those set forth in subsection (a) hereof, shall specifically apply:

      (1)   The minimum distance between nonresidential buildings, between nonresidential buildings and multiple-family buildings and between multiple-family buildings shall be subject to the formula provided in Section 1298.01(e) establishing distances between buildings, except that these distances may be modified by the Planning Commission or Council at the time of site plan review if it is found that the height and/or bulk of a building or buildings is such that a greater or lesser setback would be warranted in the interests of promoting the health, safety and common good of the community, or in the interests of improving the visual aesthetics of the site.

      (2)   All buildings shall be located at least fifty feet from any public street right- of-way line and at least thirty-five feet from any peripheral site-boundary line, except that this distance may be modified by the Planning Commission or Council at the time of site plan review if it is found that the height and/or bulk of a building or buildings is such that a greater or lesser setback would be warranted in the interests of promoting the health, safety and common good of the community, or in the interests of improving the visual aesthetics of the site.

      (3)   Single-family dwellings may be permitted subject to the conditions set forth in Section 1288.06(a)(3), provided that the maximum number of dwelling units shall not exceed the dwelling unit density permitted in the abutting single-family residential district.

      (4)   Multiple-family dwellings may be permitted, subject to the following applicable conditions:

         A.   Except for housing intended solely for the elderly (senior citizen housing) and except for multiple-family dwellings occupying the upper floors of multi-story buildings, no multiple-family dwelling building shall exceed a height of thirty-five feet or three stories.

         B.   Multiple-family residential buildings of two stories or less shall be subject to the dwelling unit density limitations and floor area requirements of Section 1298.01(d).

         C.   Multiple-family residential buildings consisting of three stories shall not exceed a maximum of thirty seven total rooms per acre. No two and one-half story buildings shall be permitted.

         D.   Multiple-family residential dwellings, when established as a part of a mixed-use building, shall be located only in the upper floors of buildings, provided that:

            1.   All retail commercial uses are located on subfloors below grade, on the ground floor or on the ground floor mezzanine only.

            2.   No dwelling unit shall occupy any portion of the floor area at grade level, and no nonresidential use shall occupy any area on the same floor as a residential use or any area on a floor above a floor used for residential purposes.

         E.   Multiple-family dwellings, when occupied solely as housing for the elderly (senior citizen housing), shall be subject to the standards of Section 1272.03(b)(1),(2) and (6) and the applicable standards of Section 1298.01(d) and (e).

         F.   Except for multiple dwelling units in the upper floors of multi-story buildings, for which there is no maximum dwelling unit density, for the purposes of determining overall dwelling unit density, the dwelling unit density limitations applicable to each multiple-family development alternative shall apply to an area within the residential development area of the site that is to be devoted to that particular type of multiple- family development. These areas shall be clearly delineated on the site plan, and the area in square feet of each of these multiple dwelling areas, along with the proposed dwelling unit density of each, i.e. the number of bedrooms per dwelling unit and the total number of rooms proposed, shall be noted in a legend on the site plan.

(Ord. 516. Passed 8-26-92; Ord. 945. Passed 4-18-12.)

   (a)   The following conditions, where applicable, shall apply to all uses permitted under this chapter:

      (1)   See Section 1298.01 for regulations pertaining to the distance between multiple-dwelling buildings, which shall apply to all buildings, and the minimum floor area requirements for multiple dwellings.

      (2)   No off-street parking shall be located closer than twenty feet to any public street right-of-way line or closer than ten feet to any other peripheral site boundary.

      (3)   Single-family dwellings may be permitted only when they are located adjacent to a single-family residential district that is not separated therefrom by a public street, freeway or railroad right of way, or which does not contain a permitted nonresidential use. All single-family dwellings so permitted shall be developed in accordance with the one family cluster housing standards of Section 1298.03 and shall be located so as to serve as a buffer between the directly abutting single-family residential district and other residential and nonresidential development within the PD District.

      (4)   When a planned development shall be developed in phases, each phase shall comply with the phase development requirements set forth in Section 1288.04(b)(10).

      (5)   The applicant shall submit a detailed cost estimate for the installation of all public utilities, streets and storm water retention systems proposed for the entire development for review by the City. Council may require submittal of a surety bond or bonds in an amount or amounts equal to the costs estimated for each phase of the above improvements, plus ten percent, as a requirement necessary to receive final site plan approval from Council.

   (b)   See Chapters 1292 and 1298 for provisions regarding:

      (1)   Accessory uses;

      (2)   Off-street parking and off-street parking layout standards;

      (3)   Loading and unloading facilities;

      (4)   Site plan review;

      (5)   Improvement guarantees;

      (6)   Landscape planting standards;

      (7)   Exterior lighting;

      (8)   Corner clearance;

      (9)   Screen walls and earth berms;

      (10)   Frontage on a public street;

      (11)   Access to major thorofares;

      (12)   Exterior building wall facades; and

      (13)   Signs.

(Ord. 516. Passed 8-26-92; Ord. 945. Passed 4-18-12.)