The approval of a planned unit development application shall require an amendment to the zoning ordinance to revise the zoning map and designate the subject property as PUD Planned Unit Development. Approval granted under this article, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendment.

(1)

General application requirements. The application for planned unit development shall be made on the forms and according to the guidelines approved by the planning commission. The application shall be submitted to the department of building and community development and shall be accompanied by the necessary fees and documents as specified in this section and section 51-16.03. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the plan may be tabled due to lack of representation.

(2)

Preliminary plan review. Planned unit development projects shall undergo a two-step review and approval process involving preliminary and final review. The procedures for preliminary review are outlined in this subsection. If final site plan approval is being sought for the entire project or any phase of the project, then the preliminary plan shall be subject to the site plan review requirements in section 51-21.28, where applicable. Otherwise, the preliminary plan review requirements in section 51-16.04 shall be complied with.

a.

Information required for preliminary review. The information required for preliminary site plan review shall be provided according to the requirements of this section. The applicant shall submit 16 copies of the preliminary plan and supporting materials to the department of building and community development at least 15 working days prior to scheduled meeting at which planning commission review is desired.

b.

Professional review. The plan shall be transmitted to the city planner, city engineer, and city department heads for review, who shall prepare and transmit reports to the planning commission stating their findings and conclusions.

c.

Public hearing. The planning commission shall hold at least one public hearing on any planned unit development proposal before it is approved.

1.

Scheduling a public hearing. The planning commission shall schedule at least one public hearing after any designated agencies or consultants have completed their review and submitted their findings concerning the proposed project.

2.

Notice requirements. Notice of the public hearing shall be published in a newspaper which circulates in the city, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet regardless of whether the property or occupant is located in the zoning district. Such notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term "occupant" may be used in making notification. Such notification shall be made in accordance with the provisions of section 103 of Michigan Public Act 110 of 2006, as amended. Accordingly, the notice shall:

i.

Describe the nature of the planned unit development project requested.

ii.

Indicate the property which is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

iii.

State when and where the planned unit development project will be considered and the public hearing will be held.

iv.

Indicate when and where written comments will be received concerning the request.

d.

Planning commission preliminary review. Following the public hearing, the planned unit development proposal and plan shall be reviewed by the planning commission in relation to applicable standards and regulations, compliance with the planned unit development regulations, and consistency with the intent and spirit of this article.

1.

Preliminary approval by the planning commission. Based on the standards and requirements set forth in this chapter and in this section, the planning commission shall preliminarily approve, preliminarily approve subject to conditions, or deny the proposed planned unit development project and site plan.

2.

Effect of preliminary approval or denial. A preliminary approval shall mean that the planned unit development project and plan meet the requirements of this chapter. Subject to any conditions imposed by the planning commission as part of its motion, preliminary approval ensures the applicant that the planning commission will grant final approval if:

i.

All state and county approvals are obtained;

ii.

No unresolved negative comments are received by any governmental agencies or public utilities; and

iii.

All federal, state and local laws and ordinances are met.

3.

An unresolved negative comment shall be one that indicates the existence of a condition which is contrary to the requirements of this chapter or other applicable ordinances or laws, where such requirement has not been waived or dismissed as a result of an approval by the planning commission and city council.

4.

A denial shall mean that the proposed project and plan does not meet the requirements of this chapter. Any denial shall specify the reasons for denial and those requirements of this chapter that are not met.

5.

If the planning commission determines that revisions are necessary to bring the planned unit development proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan. Following submission of a revised plan, the planned unit development proposal shall be placed on the agenda of the next scheduled meeting of the planning commission for further review and possible action.

e.

State and county approval.

1.

All planned unit development projects shall require the review and approval of the following agencies prior to final plan approval:

i.

The county road commission (if the project abuts a road under county road commission jurisdiction);

ii.

The county drain commission; and

iii.

The state department of natural resources.

In the event that negative comments are received from any of these agencies, the planning commission shall consider the nature of such comments with respect to zoning ordinance requirements, conditions on the site, response from the applicant, and other factual data related to the issue or concern. Negative comments shall not automatically result in denial of the plan, but every effort shall be made to resolve any issues or concerns cited by these agencies prior to taking action on the plan.

2.

In addition to the specific required approvals, all planned unit development project plans shall have been submitted to each of the public utilities serving the site and any other local, county, or state agency designated by the planning commission for informational purposes. The planning commission shall consider any comments made by these agencies prior to final plan approval.

(3)

Planning commission final review and approval. Final approval shall be considered by the planning commission upon the receipt of all the following:

a.

A revised, dated plan incorporating all of the changes, if any, required for preliminary approval;

b.

Approved plans showing all required state and county approvals pursuant to subsection (2)e of this section;

c.

All comments pursuant to subsection (2)d of this section.

1.

Submission of revised plan. The applicant shall submit 16 copies of the revised plan to the department of building and community development for final review by the planning commission. The revised plan shall be submitted at least 15 working days prior to a scheduled meeting at which planning commission review is desired.

2.

Final approval by planning commission. The planning commission shall review the application for planned unit development, together with the public hearing findings and any requested reports and recommendations from the building official, city planner, police chief, fire chief, city engineer, and other reviewing agencies. The planning commission shall then make a recommendation to the city council, based on the requirements and standards of this chapter. The planning commission may recommend approval, approval with conditions, or denial as follows:

i.

Approval. Upon determination by the planning commission that the final plan for planned unit development is in compliance with the standards and requirements of this chapter and other applicable ordinances and laws, the planning commission shall recommend approval.

ii.

Approval with conditions. The planning commission may recommend that the city council impose reasonable conditions upon the approval of a planned unit development, to the extent authorized by law, for the purposes of insuring that public services and facilities affected by the proposed development will be capable of accommodating increased public service loads caused by the development, 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 the natural resources and the public health, safety and welfare of individuals in the development and those immediately adjacent, and the community as a whole. Conditions imposed shall also be necessary to meet the intent and purpose of this chapter and the standards set forth in section 51-16.05. In the event that the planned unit development is approved subject to specified conditions, such conditions shall become a part of the record of approval, and such conditions shall be modified only as provided in section 51-16.07.

Where a project is proposed for construction in phases, the planning commission may recommend that final approval be granted contingent on subsequent review and approval of detailed site plans for individual buildings proposed for the later phases, provided that:

(a)

The location and approximate size of such buildings shall be shown on the overall plan for the planned unit development;

(b)

Detailed site plans for such buildings shall be submitted for review and approval in accordance with the site plan review requirements in section 51-21.28; and

(c)

Phasing requirements in section 51-16.06 shall be complied with.

iii.

Denial. Upon determination by the planning commission that a planned unit development proposal does not comply with the standards and regulations set forth in this chapter, including section 51-16.05, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the city, the planning commission shall recommend denial.

3.

Transmittal of findings to city council. The planning commission shall prepare and transmit a report to the city council stating its conclusions and recommendation, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.

(4)

City council action required. Following receipt of the planning commission's report, the application shall be placed on the agenda of the next scheduled city council meeting. The city council shall review the final plan together with the findings of the planning commission, and, if requested, any reports and recommendations from consultants and other reviewing agencies. Following completion of its review, the city council shall approve, approve with conditions, or deny a planned unit development proposal in accordance with the guidelines described previously in subsection (3)b of this section.

Effect of approval. Approval of a planned unit development proposal shall constitute an amendment to the zoning ordinance. All improvements and use of the site shall be in conformity with the planned unit development amendment and any conditions imposed. Notice of the adoption of the amendment shall be published in accordance with the requirements set forth in this chapter. The applicant shall record an affidavit with the register of deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved planned unit development unless an amendment thereto is adopted by the city upon request of the applicant or his successors.

(5)

Recording of planning commission and city council action. Each action taken with reference to a planned unit development shall be duly recorded in the minutes of the planning commission or city council as appropriate. The grounds for the action taken shall also be recorded in the minutes.

(6)

Completion of site design. Following final approval of the planned unit development proposal, a building permit may be obtained for the entire project or specific phases, provided that final site plan approval for the project or the phase, as applicable, has been obtained in accordance with section 51-21.28; and provided, further, that the engineering plans for the project or the phase, as applicable, have been approved by the city engineer and building official. It shall be the responsibility of the applicant to obtain all other applicable city, county, or state permits prior to issuance of a building permit.

a.

Construction shall commence on at least one phase of the project within 24 months of final approval. The planning commission may consider a 12-month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the 24-month expiration date. In the event that construction has not commenced and a request for extension has not been received within 24 months, the city may initiate proceedings to amend the zoning classification of the site to return it to the same classification in effect before the planned unit development was approved.

b.

It shall be the responsibility of the owner of a property for which approval has been granted to maintain the property in accordance with the approved planned unit development amendment on a continuing basis until the property is razed, or until an amendment to the planned unit development is approved. Any property owner who fails to so maintain an approved site design shall be deemed in violation of this chapter and shall be subject to the penalties appropriate for such violation.

c.

Prior to expansion or conversion of a planned unit development project to include additional land, site plan review and approval shall be required pursuant to the requirements of this article and the zoning ordinance.

(7)

Performance guarantee. A performance guarantee shall be deposited with the city to ensure faithful completion of improvements, in accordance with section 51-21.30.

(Code 1994, § 16.04)