The Planned Unit Development (PUD) is provided as a design and planning option, intended to permit flexibility in the regulation of land development; to encourage innovation in land use, form of ownership (such as site condominiums) and variety in design, layout, and type of structures constructed; to preserve significant natural, historical, and architectural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide adequate housing and employment; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites or existing buildings when the uniform regulations contained in other zoning districts alone do not provide adequate protection and safeguards for the site or its surrounding areas or flexibility to consider adaptive re-use of existing structures.

(Ord. 106A-85. Passed 4-9-14.)

   (a)   A PUD may be applied for in any zoning district. The grant of a planned unit development application shall require a rezoning by way of amendment of this chapter upon the recommendation of the Planning Commission and approval of the Village Council.

   (b)   A PUD shall be subject to adequate public health, safety, and welfare protection mechanisms designed into the development to ensure the compatibility of varied land uses both within and outside the development.

(Ord. 106A-85. Passed 4-9-14.)

   The applicant for a PUD must demonstrate all of the following criteria 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 preservation of natural resources and natural features of a significant quantity and/or quality, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the planned unit development regulations; or

      (3)   Long-term protection of historic structures or significant architecture worthy of historic preservation; or

      (4)   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, roads and utilities.

   (c)   The proposed planned unit development shall be harmonious with public health, safety and welfare of the Village.

   (d)   The proposed planned unit development shall not result in an unreasonable negative environmental impact or loss of a historic structure on the subject site or surrounding land.

   (e)   The proposed planned unit development shall not result in an unreasonable negative economic impact upon surrounding properties.

   (f)   The proposed planned unit development shall be under single ownership and/or control such that there is a single person, corporation, or partnership having responsibility for completing the project in conformity with this chapter.

   (g)   The proposed planned unit development shall be consistent with the Goals and Policies of the Village of Wolverine Lake Master Plan.

   (h)   The proposed use or uses shall be of such location, size, density and character as to be in harmony with the zoning district in which it is situated, and shall not be detrimental to the adjoining zoning districts.

   (i)   The PUD is not proposed in an attempt by the applicant to circumvent the strict application of zoning standards.

(Ord. 106A-85. Passed 4-9-14.)

   (a)   Residential uses shall be permitted with the density standards, based upon the zoning district in which the property is situated immediately prior to classification under this chapter. Land area under water, public road rights-of-way and private road easements shall not be included in the gross density calculation.

   (b)   An additional density greater than specified above may be allowed at the discretion of the Planning Commission and Village Council based upon a demonstration by the applicant of design excellence and conformance to the standards listed in Section 1267.03 as well as conformance to the Village of Wolverine Lake Master Plan.

   (c)   The Planning Commission and Village Council may allow a residential PUD in areas having a non-residential base zoning subject to compliance with the Village Master Plan or a determination by the Planning Commission and Village Council that the proposed development meets the general intent of Section 1267.03.

   (d)   A planned unit development incorporating non-residential uses such as commercial or office, or a mix of non-residential and residential uses shall also be allowed subject to the design standards of this chapter.

(Ord. 106A-85. Passed 4-9-14.)

   (a)   All regulations within the Village Zoning Ordinance applicable to setback, parking and loading, general provisions, and other requirements shall be met in relation to each respective land use in the development based upon the zoning districts in which the use is listed as a permitted use. In all cases, the strictest provisions shall apply.

   Notwithstanding the immediately preceding paragraph, deviations with respect to such regulation may be granted as part of the overall approval of the planned unit development, provided there are features or elements demonstrated by the applicant and deemed adequate by the Village Council upon the recommendation of the Planning Commission designed into the project plan for the purpose of achieving the objectives of this section.

   (b)   The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on the present and future potential surrounding land uses.

   (c)   The uses proposed will not adversely affect the existing public utilities and circulation system, surrounding properties, or the environment.

   (d)   The public benefit shall be one which could not be achieved under the regulations of the underlying district alone, or that of any other zoning district.

   (e)   The number and dimensions of off-street parking shall be sufficient to meet the minimum required by the ordinances of the Village of Wolverine Lake. However, where warranted by overlapping or shared parking arrangements, the Planning Commission or Village Council may reduce the required number of parking spaces.

   (f)   All streets and parking areas within the planned unit development shall meet the minimum construction and other requirements of Village ordinances, unless modified by the Planning Commission and Village Council.

   (g)   Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

   (h)   Efforts shall be made to preserve significant natural, historical, and architectural features and the integrity of the land, including MDEQ regulated and non-MDEQ regulated wetlands or floodplains.

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

   (j)   There shall be underground installation of utilities, including electricity, telephone, and cable TV.

   (k)   The pedestrian circulation system, and its related walkways and safety paths, shall be separated from vehicular thoroughfares and ways.

   (l)   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.

   (m)   Where non-residential uses adjoin off-site residentially zoned or used property, noise reduction and visual screening mechanisms such as earthen and/or landscape berms and/or decorative walls, shall be employed in accordance with Chapter 1270.

   (n)   The proposed density of the planned unit development shall be no greater than that which would be required for each of the component uses (measured by stated acreage allocated to each use) of the development by the district regulations of the underlying zoning district unless otherwise permitted by the Planning Commission and Village Council.

(Ord. 106A-85. Passed 4-9-14.)

   (a)   Preapplication Conference. Prior to the submission of an application for planned unit development approval, the applicant shall meet with the Village Administrator, together with any staff and consultants whom the Village Administrator deems appropriate. The applicant shall present at such conference, or conferences, at least a sketch plan of the proposed planned unit development, as well as the following information: total size of the project; a statement of the number of residential units, if any; the number and type of non-residential uses, the size of the area to be occupied by each type of use; the known deviations from ordinance regulations; the number of acres to be preserved as open or recreational space; and all known natural features or historic features to be preserved.

   (b)   PUD Eligibility. Following the pre-application conference, the applicant shall submit preliminary sketch plans and/or other written documentation explaining the proposed project and request review of PUD eligibility from the Planning Commission. The Planning Commission shall evaluate these preliminary plans for compliance with PUD regulations outlined in Section 1267.03. The Planning Commission shall review the development request based upon the criteria and convey written or verbal comments to the applicant regarding the PUD eligibility.

   (c)   Neighborhood Review. The applicant is encouraged to meet with neighborhood associations and surrounding land owners prior to submittal of preliminary plans to the Planning Commission.

(Ord. 106A-85. Passed 4-9-14.)

   Following a determination of eligibility, the applicant shall submit a preliminary site plan of the proposed planned unit development. A narrative report shall accompany the site plan providing a description of the project, discussion of the market concept of the project, and explanation of the manner in which the criteria set forth in the preceding design standards has been met. The applicant may request that the Planning Commission review the preliminary PUD plans under Section 1267.07 and final PUD plans under Section 1267.08 concurrently rather than under two separate phased applications.

   (a)   Information Required. The preliminary site plan and application for a PUD shall contain at a minimum the following information set forth below.

      (1)   Plans, at a minimum size of 24 inches by 36 inches, with graphics and scale.

      (2)   Plans shall provide the following:

   (b)   Planning Commission Action. The preliminary plan shall be noticed for public hearing before the Planning Commission in accordance with Article 29 and applicable State laws including P.A. 110 of 2006, as amended. Following the Public Hearing, the Planning Commission shall report its conclusions, determine a basis for its recommendation and transmit summary comments received at the Public Hearing to the Village Council. The Planning Commission shall review the preliminary site plan and shall take one of the following actions:

   (c)   Village Council Action. The preliminary PUD plan shall be submitted to the Village Council in conjunction with comments from the Planning Commission. Following review, the Village Council shall take one of the following actions: grant approval, approval with conditions, postponement or denial. The Village Council decision shall be based upon criteria established within this chapter.

(Ord. 106A-85. Passed 4-9-14.)

(Ord. 106-85. Passed 4-9-14.)

   (a)   Reasonable conditions may be required by the Planning Commission before the approval of a planned unit development, to the extent authorized by law, for the purpose of ensuring that existing 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.

   (b)   Permit conditions may be drafted in writing specifying conditions of approval and use. Conditions may stipulate that the PUD may only be used for selective land uses provided the restraint(s): advance, rather than injure, the interests of adjacent landowners; are a means of harmonizing private interests in land thus benefitting the public interest; are for the purposes of ensuring that the PUD fulfills the purposes and intent of this section and thus benefits the public interest; and/or possesses a reasonable relationship to the promotion of the public health, safety, and welfare. A change of land use during operation of the PUD will render the PUD null and void or will require application for a revised PUD.

   (c)   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; are reasonably related to the purposes affected by the planned unit development; and, necessary to meet the intent and purpose of this chapter, and be related to the objective of ensuring compliance with the standards of this chapter. All conditions imposed shall be made a part of the written record of the approved planned unit development which shall include a site plan and written PUD permit conditions signed by the Village and the applicant.

   (d)   In the event that conditions set forth herein are not complied with, then the Building Official shall have the right to compel a show cause hearing by the Planning Commission, or issue a violation pursuant to Chapter 1242. At the show cause hearing, additional conditions may be imposed by the Planning Commission, or the Village may require submittal of a new PUD application.

(Ord. 106A-85. Passed 4-9-14.)

   (a)   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 also 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, 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 Village Council after recommendation from the Planning Commission.

   (b)   Commencement and Completion of Construction. Construction shall be commenced within one year following final approval of a planned unit development and shall proceed substantially in conformance with the schedule set forth by the applicant. If construction is not commenced within such time, any approval of a site plan on the project shall expire and be null and void unless an extension has been granted by the Planning Commission. Moreover, in the event a site plan has expired, the Village Council may take action, in accordance with Section 1242.07 of the Village of Wolverine Lake Zoning Ordinance, and may reclassify the property to the previous zoning classification or to a different zoning classification in accordance with amendment procedures, including Planning Commission review and public hearing(s), as required by the Ordinance.

(Ord. 106A-85. Passed 4-9-14.)

   When approved, the planned unit development amendment, with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvements and uses shall be in conformity with such amendment. Notice of adoption of the final PUD site plan and PUD permit conditions shall be recorded with the Oakland County Register of Deeds at the applicant's expense.

(Ord. 106A-85. Passed 4-9-14.)

   Deviations from the approved final PUD site plan may occur only under the following conditions:

   (a)   An applicant or property owner who has been granted final PUD site plan approval shall notify the Building Official of any proposed amendment to such approved site plan or PUD conditions.

   (b)   Minor changes may be approved by the Village Building Official upon certification in writing to the Planning Commission that the proposed revision does not alter the basic design nor any conditions of the plan imposed upon the original approval, by the Planning Commission. In considering such a determination, the Building Official shall consider the following to be a minor change:

      (1)   For residential buildings, the size of structures may be reduced, or increased by five percent provided that the overall density of units does not increase.

      (2)   Square footage of non-residential buildings may be decreased, or increased by up to five percent or 10,000 square feet, whichever is smaller;

      (3)   Horizontal and/or vertical elevations may be altered by up to five percent;

      (4)   Movement of a building footprint by no more than ten feet as long as required setbacks are not compromised;

      (5)   Designated "Areas not to be disturbed" may be increased;

      (6)   Plantings approved in the final PUD landscape plan may be replaced by similar types of landscaping on a one-to-one or greater basis;

      (7)   Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.;

      (8)   Changes of building materials to another of higher quality, as determined by the Building Official;

      (9)   Changes in floor plans which do not alter the character of the use;

      (10)   Slight modification of sign placement or reduction of size;

      (11)   Relocation of sidewalks and/or refuse storage stations;

      (12)   Internal rearrangement of parking lots which do not affect the number of parking spaces or alter access locations or design;

      (13)   Changes required or requested by the Village for safety reasons shall be considered a minor change.

   (c)   Should the Building Official determine that the requested modification to the approved final PUD site plan is not minor or if a change in land use has occurred which is different than land uses previously approved, resubmittal to the Planning Commission shall be necessary and new public hearing and notification under Section 1267.08 shall be required.

   (d)   Should the Planning Commission determine that the modifications to the final PUD site plan significantly alter the intent of the preliminary PUD site plan, a new submittal illustrating the modification shall be required.

   (e)   Any deviation from the approved PUD site plan, except as authorized in this section, shall be considered a violation of this chapter and treated as a violation subject to Chapter 1242. Further, any such deviation shall invalidate the PUD designation.

(Ord. 106A-85. Passed 4-9-14.)