Because traditional zoning separates uses into different districts using restrictive placement controls, it does not allow for creative development incorporating a variety of uses. The purpose of the Planned Unit Development District is to encourage development of those parcels of land which, because of their size; their location being uniquely situated with regard to adjoining uses; or their unique environmental features, a more flexible development scheme could foster creative development design, or preserve desirable natural features, or significant historical landmarks and architectural features located within the Planned Unit Development District. Therefore, the Planned Unit Development (PUD) District modifies the traditional form of zoning and permits variety in design, site configuration, layout and use, minimizes paved surfaces, encourages efficiency in use of land and natural resources, while ensuring compatibility with surrounding land uses.

(Ord. No. 30-951, § 1, 11-23-04)

The adoption of a Planned Unit Development (PUD) District is intended to encourage creativity through the unified development of a larger tract of property utilizing mixed residential and commercial uses that provide adequate housing and employment opportunities. It is the intent of this article to allow rezoning of qualifying properties to Planned Unit Development (PUD) District pursuant to MCL 125.584(b), thereby establishing a site specific use authorization.

(Ord. No. 30-951, § 1, 11-23-04)

It is recognized that because of the complexity and uniqueness of each parcel or tract of land proposed for Planned Unit Development rezoning, it is beneficial to the City and the development process if a development agreement which includes all site plans, development standards and specified conditions tailored to the particular parcel of property, are submitted together with the application for rezoning. This approach is intended to accomplish the objectives of the zoning ordinance by incorporating a land development project review process into the rezoning procedure to ensure integration of the proposed land development project with the characteristics of the surrounding area.

(Ord. No. 30-951, § 1, 11-23-04)

To be eligible for PUD District rezoning as provided by this article, all of the following conditions must exist with regard to the proposed PUD site:

a.

Rezoning to PUD District shall not be granted in situations where the same land use objectives may be established by the application of applicable conventional zoning provisions or standards.

b.

The land proposed to be included within the PUD District must consist of sufficient acreage as recommended by the Planning Commission to meet the objectives of this ordinance.

c.

The land proposed to be included in the PUD District shall have features the preservation of which will be enhanced through development as a PUD; or is uniquely situated with regard to adjoining uses which would permit variety in design, site configuration, layout and use; or has unique historical or environmental features or other characteristics which could foster creative development design and preserve desirable natural features.

d.

The proposed land use patterns must be compatible with surrounding land uses and provide transitional buffers to residential areas.

e.

The proposed land use patterns encourage efficiency in use of land, natural resources, provide for open space and minimize paved surfaces.

f.

The PUD site must be served by public water and sanitary sewer service that meets or exceeds the existing City requirements for a development of the proposed size.

g.

The PUD site must abut and have direct access to a major thoroughfare.

h.

The proposed PUD shall be harmonious with the surrounding land uses and serve the public health, safety and welfare of the City as a whole.

i.

The proposed PUD shall not cause a negative or environmental impact or loss of a historic structure on the subject site or surrounding land.

j.

The proposed PUD is not merely an attempt to circumvent the strict application of the applicable zoning standards.

k.

Any site that is zoned entirely R-1-A, R-1-B or R-1-C, as a One-Family Residential District, and where all property abutting the site is zoned One-Family Residential District, either R-1-A, R-1-B or R-1-C, shall not be eligible for PUD District rezoning.

(Ord. No. 30-951, § 1, 11-23-04)

In designing and developing a Planned Unit Development, compatibility of land uses both within the development and surrounding the development is very important to meeting the objectives of this article. In order to ensure integration of the proposed land development project with the characteristics of the surrounding area, certain uses will be permitted and others will be prohibited. Subject to review and approval under the procedures and standards contained in this article, the following uses may be permitted in the PUD District:

All residential, including nursing homes, senior congregate and assisted living.

Professional business and office.

Local business and general business.

Technical center or industrial office.

Office research.

Urgent medical care facilities providing less than twenty-four-hour outpatient care.

Recreational uses.

Government, schools, libraries, and civic organizations.

The permitted uses are designed to be compatible with uses permitted within the following zoning designations: R-1-A; R-1-B; R-1-C; R-1-P; R-2; R-3; R-3-A; PB; C-1; C-2; O; P.

(Ord. No. 30-951, § 1, 11-23-04)

All uses customarily accessory to principal uses may be permitted as designated on the approved master development plan or in the approved site plan or development agreement.

(Ord. No. 30-951, § 1, 11-23-04)

In order to ensure integration of the proposed land development project with the characteristics of the surrounding area, certain land uses have been determined to be incompatible with the intent to provide a mixed residential and light commercial development in a PUD. Therefore, the following uses are prohibited in PUD Districts:

Wholesale, not open to the general public and intensive business.

Industrial and developmental manufacturing.

Uses involving the processing of raw materials for shipment in bulk form to be used in an industrial or commercial operation at another location.

Warehouses and storage yards.

Outdoor storage or display of materials, equipment, or vehicles other than approved outdoor retail sales as an accessory to a permitted principal use.

Automotive repair, service and sales, new and used.

Automotive washes, self serve and automatic, except those customarily an accessory to a permitted principal use.

Hospitals and sanitariums.

Pawn shops.

Sexually oriented businesses.

Mobile home parks.

Structures assembled or constructed off site.

Funeral homes.

Crematorium.

Cemeteries.

Dog kennels.

Public stables and farms.

Social halls.

Boarding rooms, lodging and tourist homes.

Motels and hotels.

Outdoor drive-ins.

Flea markets.

Tattoo parlors.

Arcades, golf ranges and golf domes.

(Ord. No. 30-951, § 1, 11-23-04)

The Planned Unit Development (PUD) District is a zoning district which imposes site configuration, building layout, architectural design, density, set back, height, use, access, parking and other development regulations that apply to this district only. All other non-conflicting regulations and standards of this ordinance shall also apply to this district. In the event of a conflict between a regulation in the Code of Ordinances or a standard contained in the approved master development plan or development agreement and any other applicable regulation in this ordinance, the approved master development plan or development agreement standard shall prevail.

(Ord. No. 30-951, § 1, 11-23-04)

Rezoning a parcel or tract of land to the PUD District may be initiated either by the request or with the authorization of the owner(s) of land proposed to be included in the PUD; by the Planning Commission; or the City Council as authorized by the Zoning Enabling Act. Any rezoning to PUD District shall be subject to the eligibility criteria and qualifying conditions contained in this article. A master development plan and a development agreement containing specific development standards and site plan drawings must be submitted with the application to rezone. Approval of the application to rezone, the master development plan and the development agreement must be obtained as required by this article prior to commencing development of any land proposed for rezoning to PUD District.

(Ord. No. 30-951, § 1, 11-23-04)

The application to rezone shall include the following information and documents:

1.

Ownership. The application form must be signed by the applicant, and authorized by all owners of any land to be included within the PUD District and include the address and telephone number of all applicants.

2.

Qualification. The application shall include a narrative statement describing the overall objectives of the proposed PUD; demonstrate that the proposed site meets the qualifying conditions for a PUD rezoning; and explain why the property may not be developed as zoned as indicated by section 18.04(a).

3.

Development impact. The application shall include a development impact statement addressing impact of the proposed development on:

a.

Surrounding land uses.

b.

Traffic.

c.

Preservation of natural or historic features.

d.

Public utilities.

e.

Public services.

f.

Economic impact.

4.

Master development plan. The application shall include a proposed master development plan encompassing all phases of the proposed PUD, containing all information required by the Planning Commission and prepared at an acceptable scale.

5.

Development agreement. The application shall include a proposed development agreement which shall include specific standards tailored to the PUD and use of the property in conjunction with the rezoning. The provisions contained in the agreement shall, upon approval and execution, be binding upon both parties. The agreement shall, at a minimum, include the following provisions:

a.

Agreement and acknowledgment that the developer submitted and the City accepted the development proposal as set forth in the application to rezone, the master development plan, the site plans and the development agreement as submitted, and granted the rezoning based on the terms set forth therein. Further, that all provisions and conditions contained in the application to rezone, master development plan and development agreement are authorized by applicable law; that the agreement is valid, and was entered into on a voluntary basis, representing a permissible exercise of authority by the City and the applicant.

b.

Agreement that the property shall not be developed or used in a manner inconsistent with the approved master development plan and development agreement.

c.

Agreement that the approved rezoning, master development plan and development agreement shall be binding upon and inure to the benefit of the property owner(s), the City and their respective heirs, successors, assigns, and transferees.

d.

Because of the complexity and uniqueness of the parcel or tract of land proposed for Planned Unit Development, the development agreement shall include specific standards for site configuration tailored for the proposed development, including:

i.

Roadways; ingress, egress and other access including sidewalks.

ii.

Building and structure placement, mass, bulk, height, articulation and setbacks.

iii.

Installation and extension of utilities; including a preliminary drainage plan, prepared by a licensed professional engineer, identifying measures to be used for control and disposal of storm water runoff from the PUD site and water quality.

iv.

Parking.

v.

Landscaping and buffers.

vi.

For residential uses: Maximum density and intensity of use for each proposed use addressing units per acre. For commercial and office uses: Maximum useable floor area.

vii.

Preservation of no less than thirty (30) percent of undeveloped open space unless waived by a two-thirds (⅔) vote of the Planning Commission. Open space to be preserved shall be calculated prior to making any site improvements to be performed on site and shall exclude existing and proposed rights-of-way.

viii.

Preservation of natural features and provisions addressing the maintenance of natural resources and open space.

ix.

Signage and lighting.

x.

Permissible uses of the property consistent with this ordinance.

xi.

Any areas proposed for commercial operations with twenty-four-hour operations shall be located five hundred (500) feet from residential areas and shall be provided with buffering and screening to protect the compatibility of the uses. The five hundred-foot measurement shall be calculated from the closest building envelope edge of the twenty-four-hour operation to the lot line of the closest residentially zoned property that lies within a platted subdivision.

xii.

All utilities, including electricity, telephone and cable, shall be installed underground or otherwise installed out of sight to the surrounding community, excluding main transmission lines.

e.

Architectural design and building materials.

f.

Proposed association and condominium documents.

g.

Site plan drawings including proposed site elevation contours; Typical elevation drawings, with identification of facade materials of all sides of each principal building type included in the PUD, drawn at a scale of one (1) inch equal to one hundred (100) feet or other scale acceptable to the Planning Director.

h.

An affidavit from a qualified environmental engineer that an environmental assessment has been performed and the results indicate that there is nothing to preclude the development as proposed.

i.

Any other provisions proposed and approved by the parties.

6.

Fee. Payment of the fee required by 24.03 for processing the application to rezone and approval of the master development plan and development agreement.

(Ord. No. 30-951, § 1, 11-23-04)

a.

Upon receipt of a complete application to rezone, a master development plan and proposed development agreement, the Planning Commission shall schedule a public hearing. Notice of the public hearing shall be provided as required by section 24.02 of this Ordinance.

b.

The Planning Commission shall hold a public hearing on the request to rezone and approval of the master development plan and development agreement and shall consider whether the PUD as proposed meets all of the required standards.

(Ord. No. 30-951, § 1, 11-23-04)

The Planning Commission shall recommend approval upon a finding that the proposed PUD complies with all the following standards:

a.

The application to rezone, the master development plan and development agreement contain all information required by this ordinance. The applicant shall follow standard procedures for application submission to the Planning Commission.

b.

The proposed site meets the qualifying conditions for a PUD rezoning.

c.

The proposed master development plan provides safe and efficient ingress and egress to the site, including access for fire or other emergency vehicles and safe and convenient pedestrian and vehicular circulation.

d.

The amount and type of traffic generated by the proposed PUD shall not create a substantial detrimental effect on neighboring properties or existing roadways.

e.

The proposed development is compatible with surrounding uses of land and character of the surrounding area.

f.

The design and placement of buildings and other structures, parking, lighting, signs, refuse storage, and landscaping: 1) ensures compatibility with surrounding properties; 2) ensures compatibility with properties within the proposed PUD; and 3) ensures that the development when viewed from public rights-of-way enhances the character of the surrounding area.

g.

The uses proposed in the master development plan and development agreement are arranged in a logical relationship to each other and have sufficient buffers to prevent adverse impacts of one (1) use upon another.

h.

The master development plan and development agreement is designed to have minimal adverse effects on the environment and to preserve and maintain to the maximum extent feasible the quality of natural topography, vegetation and other natural features of the site.

i.

The proposed development shall be provided with adequate public facilities and services to support the proposed uses.

(Ord. No. 30-951, § 1, 11-23-04)

After holding a public hearing and reviewing the proposed rezoning, the master development plan and the development agreement, the Planning Commission shall forward a recommendation to the City Council. Upon a finding that the plan and agreement meet all the standards set forth in this article, the Planning Commission may recommend approval, or approval with conditions, of the master development plan, the development agreement and rezoning of the property to PUD District.

(Ord. No. 30-951, § 1, 11-23-04)

a.

The City Council shall be provided with a copy of the Planning Commission's report and recommendation, minutes from the public hearing and all supporting materials.

b.

Upon receipt of the recommendation from the Planning Commission, the City Council shall schedule a public hearing on the proposed application to rezone and approval of the master development plan and development agreement.

c.

After the public hearing and review of the Planning Commission reports, recommendation and supporting materials provided, and a finding as to whether the PUD as proposed meets all of the standards as provided in this article, the City Council shall approve, approve with conditions, or deny the application to rezone to PUD District, the master development plan and the development agreement. Approval of the development agreement shall include authorizing execution by the Mayor and Clerk pursuant to City Charter.

(Ord. No. 30-951, § 1, 11-23-04)

Following approval by the City Council, the property shall be rezoned to PUD District. Once rezoned to PUD District, no improvements or construction shall be undertaken within the PUD except in conformity with the approved master development plan, the development agreement and any conditions imposed in connection with the PUD approval.

(Ord. No. 30-951, § 1, 11-23-04)

Changes to the approved master development plan and development agreement shall require submittal of a revised master development plan and/or development agreement for review and approval as provided by this section.

a.

Minor modifications. The following minor modifications may be made upon approval of the PUD committee which is an administrative team consisting of a representative of the Mayor, the Planning Director, the City Attorney, the City Engineer, the Building Director, a member of City Council and a member of the Planning Commission. Such minor modifications shall be provided in writing and upon approval shall be incorporated into the approved master development plan and/or development agreement. Minor modifications include but are not limited to:

1.

Up to a five (5) percent reduction or increase of the size of structures, provided there shall be no increase in the number of dwelling units.

2.

Up to a five (5) percent reduction or increase of the gross floor area of nonresidential buildings.

3.

Up to a five (5) percent alteration of horizontal and vertical elevations of buildings.

4.

Up to a five-foot relocation of building footprints, unless a specific setback or separation distance is imposed as a condition of approval.

5.

Areas designated as not to be disturbed or open space may be increased in area.

6.

Substitution of plant materials included in the landscape plan by similar types of landscaping on a one-to-one or greater basis.

7.

Improvements to access and circulation systems, such as addition of acceleration/deceleration lanes, boulevards, curbing, pedestrian/bicycle paths.

8.

Changes in exterior materials, provided that any changes provide in the use of materials are of equal or higher quality than those originally approved.

9.

Reduction in size of signs and modification of sign setbacks.

10.

Rearrangement of parking spaces in a parking lot, provided the total number of parking spaces is not reduced and circulation hazards or congestion are not created by the redesign.

If for any reason the PUD Committee denies a request for minor modification, an appeal of the denial may be taken to the Planning Commission for review and approval of the minor modification. Upon approval of the Planning Commission, such modification shall be included with the approved master development plan and development agreement. A denial of the Planning Commission may be appealed to the City Council.

b.

Major modifications. Any major modification to the approved master development plan or development agreement shall require submittal of a revised master development plan and/or development agreement for review and recommendation of the Planning Commission and final approval of the City Council. Upon final approval, the modification shall be incorporated into the approved master development plan and development agreement. Major modifications include but are not limited to:

1.

Addition of uses different from those approved.

2.

For nonresidential development, any increase greater than five (5) percent in the total square footage of all buildings, or any increase in the height or number of buildings.

3.

For residential development, any increase in number of dwelling units above the maximum number authorized in the development agreement.

4.

Major realignment of vehicular circulation patterns or reduction of parking spaces.

5.

Reduction of open space.

6.

Changes in exterior boundaries except survey adjustments.

(Ord. No. 30-951, § 1, 11-23-04)

Site plan approval is required prior to commencement of any site improvement or construction of buildings within the PUD. Building permits shall not be issued prior to final site plan approval. For a multi-phased PUD, there shall be a separate site plan submitted and approved for the master improvement phase and each phase of the development prior to the commencement of site improvements for that phase. The Planning Commission shall review the site plan(s) submitted at a public hearing pursuant to this ordinance for compliance with the applicable ordinances, the master development plan and the development agreement. After reviewing the site plan(s), the Planning Commission may approve the site plan(s), approve with conditions or deny the request(s).

(Ord. No. 30-951, § 1, 11-23-04)

A performance guarantee shall be required as part of site plan approval to assure that the site improvements are completed in compliance with the approved site plan(s), the master development plan, the standards set forth in the development agreement and all applicable ordinances. For a multi-phased PUD, a separate performance guarantee shall be provided for the master improvement phase and for each phase of development. The performance guarantee may consist of a cash deposit, surety bond or letter of credit in a form acceptable to the City Attorney, in an amount not to exceed twenty (20) percent of the projected cost of site improvements. A cash performance;b0;guarantee, if applicable, shall be deposited with the City Treasurer. A surety bond or letter of credit shall remain in effect until all site improvements for the applicable site plan are completed. If requested, the City shall rebate a proportional share of any cash deposit, or reduce the amount of performance guarantee required, based on the percentage of work completed on the date of the request, as attested to by the requestor and verified by the City Inspector.

(Ord. No. 30-951, § 1, 11-23-04)

a.

Once the master development plan, development agreement and final site plans are approved, the site improvements shall be commenced within two (2) years after receiving approval of the final engineering plans. If the PUD is a multi-phased PUD, site improvements for any phase of development shall be commenced within two (2) years of receiving final engineering approval for the applicable phase.

b.

If the site improvements are not commenced within the applicable two-year period, the Planning Commission may extend the time for commencement of site improvements upon the applicant requesting an extension prior to the expiration of the two-year period.

c.

If the master development plan and development agreement are not implemented within the time periods required due to a failure to commence site improvements, a new application for approval must be submitted and the master development plan and development agreement shall be reviewed and may be revised to take into consideration any changes that may have occurred due to the passage of time.

(Ord. No. 30-951, § 1, 11-23-04)

There shall not be any construction, demolition or excavation between the hours of 7:30 p.m. and 7:00 a.m. weekdays and 7:30 p.m. and 8:00 a.m. weekends and holidays.

(Ord. No. 30-951, § 1, 11-23-04)