The provisions of this article provide enabling authority and standards for the submission, review, and approval of applications for planned unit developments. It is the intent of this article to authorize the use of planned unit development regulations for the purposes of: encouraging the use of land in accordance with its character and adaptability; conserving natural resources and energy; encouraging innovation in land use planning; providing enhanced housing, employment, shopping, traffic circulation and recreational opportunities for the people of the City; and bringing about a greater compatibility of design and use.

(Ord. No. 2020-01, § 2, 1-20-20)

8.2.1.

Planned unit development treatment may be applied in any zoning district.

8.2.2.

Any land use authorized in this Ordinance may be included in a planned unit development, subject to adequate public health, safety, and welfare protection mechanisms being designed into the development for the purpose of effectively dividing varied land uses which have been joined in and/or are adjacent to the development.

8.2.3.

The applicant for a planned unit development must demonstrate all of the following as a condition to being entitled to planned unit development treatment:

A.

Grant of the planned unit development will result in one of the following:

1.

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 planned unit development regulations; or

2.

Long-term protection and/or preservation of natural resources and natural features of a significant quantity and/or quality in need of protection or preservation on a local, state, and/or national basis; or

3.

A non-conforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.

B.

The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, and utilities in relation to the use or uses otherwise permitted by this Ordinance, and shall not place an unreasonable burden upon the subject and/or surrounding land and/or property owners and occupants and/or the natural environment.

C.

The proposed development shall be consistent with the public health, safety and welfare of the City.

D.

The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.

E.

The proposed development shall be under single ownership and/or control such that there is a single person having responsibility for completing the project in conformity with this Ordinance.

(Ord. No. 2020-01, § 2, 1-20-20)

8.3.1.

Residential uses shall be permitted with the following maximum density, based upon the zoning district in which the property is situated immediately prior to classification under this article.

A.

Eight (8) dwelling units per gross acre in R-1.

B.

Ten (10) dwelling units per gross acre in R-1A.

C.

Twelve (12) dwelling units per gross acre in R-2.

D.

Fourteen (14) dwelling units per gross acre in R-3.

8.3.2.

Non-residential uses shall be permitted as part of a common development with residential units to the extent the applicant demonstrates by expert analysis, and the Planning Commission finds, in its discretion, that the non-residential uses shall principally serve the persons residing in the residential units in the project, provided, the non-residential uses, including without limitation, parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles.

8.3.3.

For non-residential uses, minimum lot area requirements of the district in which a use is a permitted principal use shall apply, subject to the provisions of the immediately following paragraph. All ambiguities shall be resolved by the Planning Commission.

8.3.4.

All regulations applicable to lot size, lot width, setback, parking and loading, general provisions, and to other requirements and facilities, shall be met in relation to each respective land use in the development based upon regulations of the zoning district in which the property is situated immediately prior to classification under this article. For all special uses, regulations applicable to the respective uses shall apply. The Planning Commission, in its discretion, shall resolve all ambiguities as to applicable regulations. Notwithstanding the immediately preceding provision of this paragraph, deviations with respect to such regulations may be granted as part of the overall approval of the planned unit development, provided there are features or elements deemed adequate by the Planning Commission designed into the project plan for the purpose of achieving the objectives of this article.

8.3.4.5.

Signage specific to the use and operation of the planned unit development shall be presented to the extent possible as part of the overall approval of the planned unit development for the review and comment of the Planning Commission. Such signage shall be consistent with the requirements of the district the planned unit development is located in and in compliance with all requirements of Article 6 and Article 8B of this ordinance. Such signage that may be determined as required for operation after approval of the planned unit development may be presented to the building official for approval consistent with Article 6 and Article 8B of this ordinance. When the terms of Article 6 and Article 8B are not met the building official shall pass the approval to the Planning Commission. The Planning Commission shall have authority to grant reasonable variance to the requirements of Article 6 and Article 8B to the extent such variance is consistent with the operation of the approved planned unit development.

8.3.5.

Additional density of up to 25 percent greater than specified in Section 8.3.1. for residential uses may be allowed in the discretion of the Planning Commission based upon a demonstration by the applicant of design excellence in the planned unit development resulting in a material benefit to all or a significant portion of ultimate residential uses of the project, including, without limitation, development of innovative design producing significant energy efficiency, pedestrian or vehicular safety, or long-term aesthetic beauty.

8.3.6.

To the maximum extent feasible, the development shall be designed so as to preserve natural resources and natural features. In the interpretation of this provision, natural resources and natural features may be impaired or destroyed only if it is clearly in the public interest to do so. In determining whether action is in the public interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonably foreseeable detriments of the activity, taking into consideration the local, state and national concern for the protection and preservation of the natural resources or features. To accomplish this balancing, the following criteria shall be applied: The availability of feasible and prudent alternative methods of accomplishing the development; the extent and permanence of the beneficial or detrimental effects of the proposed activity; the size, quality and rarity of the natural resources or natural features which would be impaired or destroyed.

8.3.7.

There shall be a perimeter setback and berming, as found to be necessary by the Planning Commission, for the purpose of buffering the development in relation to surrounding properties. If the planned unit development project includes non-residential uses adjacent to a district authorizing residential uses, and/or if the project is larger than one acre in area, such perimeter setback shall be established with a dimension from the property line of up to one hundred (100) feet in the discretion of the Planning 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.

8.3.8.

Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.

8.3.9.

Where feasible, there shall be underground installation of utilities, including electricity and telephone.

8.3.10.

In all cases where separation can be accomplished without significantly reducing the kind and density of uses, the pedestrian circulation system, and its related walkways and safety paths, shall be separated from vehicular thoroughfares and ways.

8.3.11.

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.

8.3.12.

In all cases where non-residential 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 Planning Commission, in its discretion, shall review and approve the design and location of such mechanisms in regard to maximizing, to a reasonable extent, the achievement of the screening objectives.

(Ord. No. 2020-01, § 2, 1-20-20)

8.4.1.

The grant of a planned unit development application shall require a rezoning by way of an amendment of this Ordinance.

8.4.2.

Prior to the submission of an application for planned unit development approval, the applicant may submit to the Planning Commission a preliminary site plan of the proposed planned unit development, 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 non-residential units, and the number of acres to be occupied by each type of use; the known deviations from ordinance regulations to be sought, including signage deviations; the number of acres to be preserved as open or recreational space; and, all known natural resources and natural features to be preserved.

8.4.3.

The Planning Commission shall review the preliminary site plan, and shall be entitled to make reasonable inquiries of and receive answers from the applicant. Following review, the Planning Commission shall provide the applicant with written comments, which shall be part of the official minutes of the Planning Commission.

8.4.4.

Within six (6) months following receipt of the Planning Commission comments on the preliminary plan, the applicant shall submit to the Code Enforcement Officer, four (4) copies of a final plan conforming with Section 8.5 below. This plan shall constitute an application to amend this Ordinance, and shall be noticed for public hearing before the City Council as required by MCL Section 125.3503(5) of the Michigan Zoning Enabling Act. With and in addition to the regular report submitted by the Planning Commission in connection with a rezoning application, the Planning Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the planned unit development project, including, without limitation, recommendations with respect to matters on which the City Council must exercise discretion.

(Ord. No. 2020-01, § 2, 1-20-20; Ord. No. 2022-02, § 1, 9-6-22)

Final plans shall include the following:

8.5.1.

All requirements of Article 9 of this Ordinance.

8.5.2.

A plan showing the type, location, and density of all uses.

8.5.3.

All open spaces, including preserves, recreational areas, and the like, and each purpose proposed for such areas.

8.5.4.

A separately delineated specification of all deviations from this ordinance, including signage deviations, which would otherwise be applicable to the uses and development proposed in the absence of this planned unit development article. This specification should include ordinance provisions from which deviation are sought, including signage deviations, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which deviations are sought.

8.5.5.

A detailed landscaping plan.

8.5.6.

A specific schedule of the intended development and construction details, including phasing or timing, and 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.

8.5.7.

A specification of the exterior building materials with respect to the structures proposed in the project.

8.5.8.

Signatures of all parties having an interest in the property.

(Ord. No. 2020-01, § 2, 1-20-20)

8.6.1.

Reasonable conditions may be required with the approval of a planned unit development, 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, protecting the natural environment and conserving natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall 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, shall be reasonable related to the purposes affected by the planned unit development, and shall be 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.

(Ord. No. 2020-01, § 2, 1-20-20)

8.7.1.

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 non-residential uses, phasing shall contemplate that at least 35 percent of all proposed residential units are completed concurrent with the first phase of any non-residential construction; completion of at least 75 percent of all proposed residential construction prior to the second phase of non-residential construction; and completion of 100 percent of all residential construction prior to the third phase of non-residential construction. For purposes of carrying out this provision, the percentages shall be approximations as determined in the discretion of the Planning Commission.

8.7.2.

Commencement and Completion of Construction: Construction shall be commenced within one (1) year following final approval of a planned unit development, or within one (1) year of any other necessary governmental approval for commencement of the project, whichever is later, provided all other necessary approvals have been actively pursued. Each phase of the project shall be commenced within one (1) year of the schedule established for same in the application submitted. If construction is not commenced within such time, any approval of a site plan on the project shall expire and be null and void, provided, an extension for a specified period may be granted by the Planning Commission upon good cause shown if such request is made to the Commission prior to the expiration of the initial period. Moreover, in the event a site plan has expired, the City shall be authorized to rezone the property in any reasonable manner, and, if the property remains classified as PUD, a new application shall be required, and shall be reviewed in light of then existing and applicable law and ordinance provisions.

(Ord. No. 2020-01, § 2, 1-20-20)

If and when approved, the planned unit development amendment, 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 amendment.

(Ord. No. 2020-01, § 2, 1-20-20)

The amount of such fees shall be established by ordinance of the Planning Commission.

(Ord. No. 2020-01, § 2, 1-20-20)