A.
A PUD may be applied for in any zone district The
approval of a PUD application shall require rezoning by way of amendment
of this chapter based upon a recommendation of the Plan Commission
and approval of the City Commission.
B.
Any land use authorized in this chapter may be included
in a PUD, subject to adequate public health, safety, and welfare protection
mechanisms being designed into the development to ensure the compatibility
of varied land uses both within and outside the development.
C.
The applicant for a PUD must demonstrate all of the
following criteria as a condition to being entitled to PUD treatment:
(1)
Granting of the PUD will result in one of the following:
(a)
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 PUD regulations; or
(b)
A nonconforming use shall, to a material extent,
be rendered more conforming, or less offensive, to the zoning district
in which it is situated.
(2)
The proposed type and density of use shall not result
in an unreasonable increase in the need for or burden upon public
services, facilities, streets and utilities.
(3)
The proposed development shall be consistent with
the public health, safety and welfare of the City.
(4)
The proposed development shall not result in an unreasonable
negative economic impact upon surrounding properties.
(5)
The proposed development shall be under single ownership
and/or control such that there is a single entity having responsibility
for completing the project in conformity with this chapter.
(6)
The proposed development shall be consistent with
the goals and policies of the City of Royal Oak Master Plan.
A.
Preapplication conference. Prior to the submission
of an application for PUD approval, the applicant shall meet with
the Zoning Administrator, together with any staff and consultants
the Director deems appropriate. The applicant shall present at such
conference, or conferences, a sketch plan of the proposed PUD, 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 nonresidential uses; the number of acres to be occupied
by each type of use; the known deviations from ordinance regulations
to be sought; and the number of acres to be preserved as open or recreational
space.
B.
Preliminary plan. Following the preapplication conference, the applicant shall submit a preliminary site plan of the proposed PUD. The preliminary site plan shall be prepared in accordance with the standards set forth in § 770-12B, site plan review. A narrative report prepared by the applicant shall accompany the site plan providing a description of the project, discussing the market concept and feasibility of the project, and explaining the manner in which the criteria set forth in § 770-98 have been met.
(1)
Plan Commission action. The preliminary plan shall
be noticed for public hearing before the Plan Commission. Following
the hearing, the Plan Commission shall review the preliminary site
plan and shall take one of the following actions:
(a)
Approval.
[1]
Upon finding that the preliminary plan meets
the criteria and standards set forth herein, the Plan Commission shall
grant preliminary approval. Approval shall constitute approval of
the uses and design concept as shown on the preliminary plan and shall
confer upon the applicant the right to proceed to preparation of the
final plan.
[2]
Approval of the preliminary plan by the Plan
Commission shall not bind the City Commission to approve the final
plan.
(b)
Tabling. Upon finding that the preliminary plan
does not meet the criteria and standards set forth herein but could
meet such criteria if revised, the Plan Commission may table action
until a revised preliminary plan is resubmitted.
(c)
Denial. Upon finding that the preliminary plan
does not meet the criteria and standards set forth herein, the Plan
Commission shall deny preliminary approval.
C.
Final plan. Within six months following receipt of
the Plan Commission approval of the preliminary plan, the applicant
shall submit a final plan to the Plan Commission with supporting materials
conforming to this section. The final plan shall be consistent with
the approved preliminary plan. If a final plan is not submitted by
the applicant for final approval within six months following receipt
of Plan Commission approval, the preliminary plan approval becomes
null and void. The Plan Commission may grant a time extension upon
receipt of a written request from the applicant provided the written
request is received before the expiration of the six months.
(1)
Information required. A final site plan and application
for a PUD shall contain the following information:
(b)
A separately delineated specification of all
deviations from this chapter which would otherwise be applicable to
the uses and development proposed in the absence of the application
of the PUD article.
(c)
A specific schedule of the intended development
and construction details, including phasing or timing.
(d)
A specific schedule of 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.
(e)
A specification of the exterior building materials
with respect to the structures proposed in the project.
(f)
Signatures of all parties having an interest
in the property at the time of submission.
(g)
Identify the person or entity who will have
control over the project.
(2)
Plan Commission action. The final plan shall be noticed
for public hearing as a rezoning before the Plan Commission, and otherwise
acted upon by the Plan Commission, and the City Commission, as provided
by law.
(a)
Approval. Upon finding that the final plan meets the criteria and standards set forth in § 770-12, the Plan Commission may approve the plans.
(b)
Tabling. Upon finding that the final plan does not meet the criteria and standards set forth in § 770-12, but could meet such criteria if revised, the Plan Commission may table action until a revised final plan is resubmitted.
(c)
Denial.
[1]
Upon finding that the final plan does not meet the criteria and standards set forth in § 770-12, the Plan Commission shall deny the final plans.
[2]
The Plan Commission shall, to the extent it
deems appropriate, submit detailed recommendations relative to the
PUD project, including, without limitation, recommendations with respect
to matters on which the City Commission must exercise discretion.
(3)
City Commission action.
(a)
Upon receiving a recommendation from the Plan
Commission, the City Commission shall review the final plan. Taking
into consideration the recommendations of the Plan Commission and
the criteria and standards set forth herein, the City Commission shall
approve, table or deny the final plan.
(b)
Prior to approval of a final plan, the City
Commission shall require all standards and conditions of approval
to be incorporated in a development agreement. The agreement shall
be prepared by the City Attorney, approved by the City Commission,
and signed by both the City and the applicant.
A.
Residential design standards.
(1)
Project density shall be based on the density
permitted in the zone district in which the property is situated immediately
prior to classification under this article. Additional density for
residential uses is permitted, subject to approval recommendation
by the Plan Commission and approval by the City Commission. The approved
density shall be based upon a demonstration by the applicant of the
following:
(a)
Consistency with the Master Plan;
(b)
Innovative planning and design excellence;
(c)
Relationship to adjacent land uses;
(d)
Pedestrian and/or vehicular safety provisions;
(e)
Aesthetic beauty;
(f)
Provisions for the users of the project; and
(g)
Demonstration that the resulting benefits would
otherwise be unlikely to be achieved without the PUD application.
B.
Nonresidential design standards.
(1)
Nonresidential uses may be permitted in combination
with other nonresidential uses or as part of a common development
with residential uses.
(2)
The nonresidential uses, including parking and
vehicular traffic ways, shall be separated and buffered from residential
units in a manner consistent with good land and community planning
principles.
C.
General design standards.
(1)
Deviations from the applicable setbacks, parking
and loading, general provisions, and other requirements may be granted
as part of the overall approval of the PUD, provided there are features
or elements demonstrated by the applicant and deemed adequate by the
City Commission upon the recommendation of the Plan Commission designed
into the project plan for the purpose of achieving the objectives
of this article.
(2)
There shall be a perimeter setback and berming,
as found to be necessary by the City, for the purpose of buffering
the development in relation to surrounding properties. Such perimeter
setback shall be established at the discretion of the Plan 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.
(3)
Thoroughfare, drainage, and utility design shall
meet or exceed the standards otherwise applicable in connection with
each of the respective types of uses served.
(4)
There shall be underground installation of utilities,
including electricity and telephone, as found necessary by the City.
(5)
Pedestrian walkways shall be separated from
vehicular circulation, as found necessary by the City.
(6)
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.
(7)
Where nonresidential 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 City, in its discretion, shall review and approve the
design and location of such mechanisms.
(8)
The Plan Commission shall resolve all ambiguities
as to applicable regulations using this chapter, Master Plan, and
other City standards or policies as a guide.
Reasonable conditions may be required with the
approval of a PUD, 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, ensuring compatibility
with adjacent uses of land, and promoting the use of land in a socially
and economically desirable manner.
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 contain
the necessary components to ensure protection of the health, safety,
and welfare of the users of the PUD and the residents of the surrounding
area. In addition, in developments which include residential and nonresidential
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 Plan Commission.
B.
Commencement and completion of construction. To ensure completion of required improvements, the City is authorized to impose performance guaranties in accordance with § 770-16, Performance guaranty. Substantial construction shall be commenced within one year following final approval of a PUD and shall proceed substantially in conformance with the schedule set forth by the applicant, as required by § 770-12, Site plan review. If construction is not substantially commenced and continues within such time, approval of the PUD shall expire and be null and void. However, an extension for a specified period may be granted by the City Commission upon good cause shown if such request is made to the City Commission prior to the expiration of the initial period. Moreover, in the event approval of the PUD has expired, the City Commission shall require a new application which shall be reviewed in light of then existing and applicable law and ordinance provisions.
When approved, the PUD 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 authorization.
Notice of adoption of the final PUD plan and conditions shall be recorded
by the applicant at the Oakland County Register of Deeds.
