§ 74-557. Planned unit developments.

(a)

Intent. The intent of this section is to:

(1)

Permit more flexibility in the use and design of structures and land than is allowable under the districts of this chapter, where such modifications will not be contrary to the intent of this chapter.

(2)

Require a higher degree of urban amenities, the preservation of natural scenic qualities and open spaces, and more creative and imaginative design of developments in return for such flexibility.

(3)

Promote more efficient and economical use of land.

(4)

Give the developer reasonable assurance of ultimate approval before expending complete design monies, while providing city officials with assurances that a project will retain the character envisioned at the time of agreement.

(b)

Minimum PUD size. Minimum PUD size is as follows:

(1)

Five contiguous acres, which may be divided by a public right-of-way.

(2)

One contiguous acre in a platted subdivision in which at least 80 percent of the lots have been built on.

(c)

Permitted uses; establishment of guidelines.

(1)

Any use is permitted if the developer can demonstrate that the proposed PUD is of such a scale and is sufficiently well designed to accomplish the intent of this chapter with respect to adjoining land uses, both existing and anticipated.

(2)

A mixture of uses is allowable within any PUD providing that the developer can demonstrate that such mixture is so designed as to meet the intent of this chapter in respect to both the uses within and the existing and anticipated uses adjoining the PUD.

(3)

The planning commission shall recommend, with the concurrence of the city council, guidelines for determining the compliance of a PUD with the intent of this chapter. These guidelines include but are not limited to density, open space, outdoor livability space, traffic circulation, parking standards, environmental design and nonresidential development.

(d)

Application procedure; approval.

(1)

Consultation with zoning administrator. The developer shall consult with the zoning administrator concerning the requirements for application and guidelines set by the planning commission and the city council.

(2)

Submission of preliminary development plan. The developer shall submit a preliminary development plan. This plan shall consist of written and graphic documents.

a.

The written documents shall consist of:

1.

A legal description of the total site proposed for development, including the present and proposed ownership.

2.

A statement of the nature and character of the proposed development, and the methods to be used in achieving these goals.

3.

A schedule of the approximate date, or dates if the development is to be divided into stages, when construction will begin and be completed.

4.

A statement of the developer's intentions with regard to future ownership of all or parts of the development.

5.

Quantitative data for the following: total number and type of dwelling and nonresidential units, the proposed floor area, ground coverage, outdoor livability and open space ratios, the proposed gross residential density, and the net residential density of any separate stages, the number of parking spaces for each use proposed, and any market or feasibility studies the developer wishes to submit in support of his plan.

6.

Such additional documentation as may be required by the planning commission.

b.

The graphic documents shall consist of:

1.

A plan at scale of one to 1,200 (one inch equals 100 feet) showing the existing site conditions, including contours at an interval no greater than five feet, waterways or water bodies, unique natural features, rock outcroppings and vegetative cover.

2.

A preliminary plat meeting the requirements of the Subdivision Control Act (MCL 560.101 et seq.) and Ordinance, if the land is to be platted.

3.

A site plan at a scale of one to 1,200 (one inch equals 100 feet) showing the location and floor area and use of all existing and proposed buildings, structures and improvements, including maximum heights, the location and size of all areas to be conveyed, dedicated or reserved as outdoor livability space, recreational areas, school sites and similar public or semipublic uses, the proposed circulation system, including private and public streets, parking and loading areas, and pedestrian ways, and access to existing and proposed utilities, including sanitary and storm sewers and water, gas, electric, telephone and television cable lines, and a preliminary landscape plan.

4.

A plan at an appropriate scale showing land areas adjacent to the proposed development, their uses, zoning and general character, and the effects of the proposed development on such land, including the treatment of the perimeter areas of the PUD.

5.

Such additional material as may be required by the planning commission.

(3)

Action on preliminary development plan. Within 60 days following the submission of a preliminary development plan, the zoning administrator shall submit an analysis of the plan to the planning commission, and the planning commission shall hold a public hearing on the plan, and vote to approve, approve with modifications or disapprove the plan. If the planning commission action is for approval or approval subject to modifications, a recommendation for similar action shall be made to the city council, which shall then act within 30 days. Failure of either the planning commission or the city council to act within the specified times shall constitute disapproval of the plan.

(4)

Notation on zoning map. If the preliminary development plan is approved, with or without modifications, by the city council, the official zoning map shall be changed to so signify. Such a change shall not constitute final approval of a plat, or authorization to issue building permits.

(5)

Submission of final development plan. Within nine months following approval of the preliminary development plan, the developer shall submit to the zoning administrator a final development plan. At its discretion and for good cause, the planning commission may extend for six months the period for filing the final development plan.

(6)

Failure to submit final development plan. If the developer fails to submit a final development plan for any reason within the time allowed, the tentative approval shall be revoked and all the area within the development for which final approval has not been given shall be subject to the original zoning.

(7)

Action on final development plan. If the final development plan is in compliance with the preliminary development plan as determined by the application of standards adopted by the planning commission with the concurrence of the city council, it shall be approved by the planning commission within 30 days. Notice of such approval shall then be given to the city council, which shall approve the final development plan, and the plat involved, if any, within 30 days; providing that such approval shall not be given until the financial assurances of development required by the Subdivision Ordinance have been made.

(8)

Modification of final development plan. If, subsequent to the start of construction, it becomes necessary to modify the final development plan, the zoning administrator may do so at his discretion to the limits established in the PUD guidelines. If greater modifications are requested by the developer, they shall be subject to approval by the planning commission, which shall act within 30 days. In granting such modifications, the planning commission shall not act so as to substantially change the character or nature of the final development plan.

(Ord. of 5-1-95, § 8-23-7; Ord. of 6-6-11)

State law reference

Planned unit development, MCL 125.584b.