[Ord. No. 148, 5-7-2007]
(a)
The use, area, height, bulk and placement regulations of this article
are primarily applicable to the usual situation of one principal building
on one lot. These requirements would in certain developments have
results that would less serve the public health, safety, and welfare
than if a controlled degree of flexibility were allowed. A development
may be of such size as to justify permitting certain specifically
defined departures from the regulations of the zoning district. Permitting
these uses can in certain cases increase convenience, be comparable
with the overall character of the district, and not be injurious to
the adjoining properties, subject to limitations of the zoning district
in which the property is currently located.
(b)
It is the intent of the planned unit development (PUD) zoning district
to set forth a process to implement the requirement of Section 506
of the Michigan zoning enabling act (MCL 125.3506), which requires
the Village to provide for open space or cluster developments. Specifically,
it is the intent of the PUD zoning district to allow developers to
request permission to develop the same number of dwelling units allowed
by the current zoning district in which the property located to be
built upon maximum 80% of the property when the remainder (not less
than 20% of the property) is dedicated permanent open space.
[Ord. No. 148, 5-7-2007]
(a)
A planned unit development is intended to encourage the following:
(1)
Preservation of open space and other sensitive lands through
uses of creative design that takes advantage of special features including
geography, vegetative cover, topography, site size or shape for their
best potential; and
(2)
Incorporation of a variety of land uses including residential,
commercial and industrial purposes plus their accessory uses allowing
a creative approach in the development of a specific site to meet
anticipated residential, commercial and industrial demand.
[Ord. No. 148, 5-7-2007]
Any plat of subdivision submitted for recording under the terms
of the land division act, Public Act No. 288 of 1967 (MCL 560.101
et seq.) (formerly subdivision control act) or any plan of subdivision
under the terms of the condominium act, Public Act No. 58 of 1978
(MCL 559.101 et seq.), consisting of two or more acres of land area,
shall be submitted and processed as a planned unit development, pursuant
to the terms of this article and other applicable sections of this
chapter.
[Ord. No. 148, 5-7-2007]
These procedures are intended to state the requirements at each
stage of the review process. However, each applicant shall have the
opportunity to submit an application for approval of a planned unit
development at either the preliminary PUD development plan stage or
the final PUD development plan stage, if the application and other
submission documents have been prepared according to the terms of
this article.
[Ord. No. 148, 5-7-2007]
Before submitting an application for a planned unit development,
an applicant at his option may confer with the Village Planning Commission
to obtain information and guidance before entering into binding commitments
or incurring substantial expense in the preparation of plans, surveys,
etc.
[Ord. No. 148, 5-7-2007]
(a)
Proceedings are commenced by application for approval of a planned
unit development, to the Village Planning Commission with a preliminary
PUD development plan prepared in accord with the following specifications:
A preliminary PUD development plan should include maps and/or diagrams
showing enough of the area surrounding the proposed planned unit development
to demonstrate the relationship of the planned unit development to
adjoining uses and sufficient information to explain the nature of
the proposed development and the relationship of the development to
the existing supply of public utilities. The maps and/or diagrams,
which are a part of the preliminary planned unit development, may
be in general schematic form but must contain, at a minimum, the following
information:
(1)
The existing topographic character of the land with contours
shown at intervals of not greater than ten-foot intervals;
(2)
Existing and proposed land uses and the approximate location
of buildings and other accessory structures;
(3)
The character, type, and number of dwelling units or other principal
and accessory buildings proposed (if buildings will contain commercial
and/or industrial uses);
(4)
The approximate location of streets including their ingress/egress
ways and provision for parking vehicles;
(5)
The locations of all public uses, including schools, parks,
playgrounds, common open spaces, walkways/trail ways, etc.;
(6)
The approximate location and sizing of existing and proposed
utility systems;
(7)
Any land area intended to remain in open space and means of
permanent preservation; and
(8)
Such other information maps and plans as the Planning Commission
may request.
[Ord. No. 148, 5-7-2007]
(a)
Procedures for the approval of a preliminary PUD development plan
are as follows:
(2)
Approval of rezoning to PUD zoning (overlay) district. Upon
the completion of the public hearing, the Planning Commission shall
consider a decision recommending the approval or denial of the rezoning
of the property to the Village Council for consideration of an amendment
to rezoning the subject property.
(3)
Grant of tentative approval/denial of the preliminary PUD development
plan. Upon the completion of the public hearing, the Planning Commission
shall consider a decision recommending approval or denial of the preliminary
PUD development plan submitted by the applicant. The recommendation
may consider a motion that the rezoning and plan:
(4)
Form of PUD development plan approval or denial action. The
grant or denial of a tentative approval shall be in the form of a
written statement and shall include findings of fact and such other
factual findings that set forth the reasons for the approval or denial
of the applicant's request for rezoning and approval of the PUD development
plan.
[Ord. No. 148, 5-7-2007]
Upon approval of the rezoning to planned unit development (overlay)
district pursuant to this article, the Village Clerk shall indicate
the subject property on the Official Zoning Map as a planned unit
development (overlay) district by designating the property "PUD" and
including the date of the rezoning approval in the record of map amendments.
[Ord. No. 148, 5-7-2007]
(a)
Procedures for the notification of the applicant and status of the
approval of a rezoning and preliminary PUD development plan are as
follows:
(1)
Notification of applicant. Within five days after the approval
of the rezoning of the subject property and upon approval of the rezoning
and preliminary PUD development plan by the Planning Commission, notice
of approval of rezoning ordinance and approval of the preliminary
PUD development plan shall be mailed via first class postage to the
applicant by the Zoning Administrator.
(2)
Status of preliminary PUD development plan. Approval (or approval
with conditions or denial) of a preliminary PUD development plan shall
not qualify as a land division act plat of subdivision or condominium
act plan of subdivision for the purposes of recording with the county
register of deeds. A PUD development plan which has been given tentative
approval as submitted or which has been given tentative approval subject
to conditions that the applicant agrees to comply, shall not be modified
or revoked or otherwise impaired by action of the Village pending
an application or applications for final approval without the express
consent of the applicant; provided an application for final approval
is filed, or in the case of staged development, provided applications
are filed within the time specified in the action granting approval
or tentative approval of the preliminary PUD development plan by the
Planning Commission.
(3)
Abandonment of preliminary PUD development plan by applicant.
In the event that a preliminary PUD development plan is given tentative
approval and thereafter, but prior to final approval, the applicant
shall choose to abandon said preliminary PUD development plan or shall
fail to submit an application or application for final approval within
the required time period, the approval or tentative approval shall
be deemed revoked, and such action shall be noted in the record of
the Village Clerk. Upon abandonment, the Planning Commission may consider
action recommending rezoning of the subject property from PUD planned
unit (overlay) development to its prior zoning district classification.
[Ord. No. 148, 5-7-2007]
(a)
Procedures for the approval of a final PUD development plan are as
follows:
(1)
Submission deadline and extension. Within a reasonable time
after the approval of the rezoning and preliminary PUD development
plan, but not more than six months thereafter, the applicant shall
file with the Planning Commission a final PUD development plan containing
in final detailed form the information required as herein after provided.
At its discretion and for good cause, the Planning Commission may
extend for six months the period for filing the final PUD development
plan. Contents of the final PUD development plan shall include a land
division (subdivision) plat or condominium plan prepared in conformance
with the specification required for recording a plat under the terms
of the land division act, Public Act No. 288 of 1967 (MCL 560.101
et seq.) (formally subdivision control act) or the condominium act.
Public Act No. 58 of 1978 (MCL 559.101 et seq.), signed and sealed
by a state-registered surveyor. Water and sewer system engineering
drawings with accompanying state department of public health or state
department of environmental quality system extension permits signed
and sealed by a state-licensed professional civil engineer shall accompany
the PUD development plan submission. Also to be submitted by the applicant
for approval by the Village engineer are a stormwater drainage system
management plan and plans and specifications for all streets prepared
in conformance with the Village development standards, which from
time to time are adopted by the Village Council prepared, signed and
sealed by a state-licensed professional civil engineer. In addition,
the Planning Commission may require other maps and/or drawings as
deemed necessary to render a decision concerning the approval of a
final PUD development plan.
(2)
Optional public hearing. The Planning Commission, at its discretion,
may give notice and provide an opportunity for the public to comment
on the proposed final PUD development plan.
(3)
Approval or denial of final PUD development plan. The Planning
Commission shall review the proposed final PUD development plan, and
shall approve the final PUD development plan if it is in substantial
compliance with the preliminary PUD development plan and contains,
in final detailed form, the information herein set forth.
(4)
Application of conditions and restrictions. Prior to the approval
of any final PUD development plan, the Planning Commission may recommend
the adoption of such covenants, conditions, and restrictions upon
the establishment, location, constructions, maintenance, and operation
of the planned unit development as the Planning Commission deems necessary
for the purposes of the public interest and to secure compliance with
the criteria specified in this article.
(5)
Status of final approval of PUD development plan. After approval
has been given, the use of land and the construction, modification
or alteration of any building or structures within the planned unit
development will be governed by the approved final PUD development
plan rather than by any other provision of this article.
(6)
Minor changes to final PUD development plan. Any minor extensions,
alternations, or modification of existing buildings or structures
may be authorized by the Planning Commission if they are consistent
with the purposes and intent of the final PUD development plan.
(7)
Major changes to final PUD development plan. Any major change
to a final PUD development plan, as determined by the Planning Commission,
shall be made by the Planning Commission after processing an amendment
to the final PUD development plan pursuant to the approval process
for both the preliminary and final PUD development plan approval.
(8)
Rescinding/abandonment of final PUD development plan approval.
In any case where construction has not yet begun on an approved planned
unit development within one year after the date of final approval
of a PUD development plan, or after a one-year extension thereof by
the Planning Commission upon showing of cause or upon written notification
by the applicant that the proposed planned unit development will not
be constructed, the Planning Commission may rescind the final PUD
development plan approval and take such other action to rezone the
subject property back to its original zoning district classification.
[Ord. No. 148, 5-7-2007]
(a)
The PUD development plan of the planned unit development shall be
consistent with the following standards for use of land, the use of,
type and mass, design and location of buildings, the density, common
open space and public facilities servicing the site:
(1)
Variety of building types and layout design. The developer may
request and the Planning Commission may approve an PUD development
plan containing increased residential (or commercial or industrial
building area) density allowed by the underlying zoning district classification,
where a variety of housing or building types including clustered housing,
buildings sharing common walls, etc., are incorporated in a unique
design meeting the open space requirements of Section 506 of the Michigan
zoning enabling act.
(2)
Building lot coverage. The building coverage ratio may be increased for the number of allowed residential units (or the total commercial or industrial building area) in accordance with the bonus density provisions, when a proposed development meets the requirements of Subsection (1) of this section.
(3)
Height restrictions. The PUD development plan must conform to
the height requirements of the underlying zoning district in which
the subject property is located.
(4)
Mixture of uses permitted. A mixture of uses is permitted in
any PUD development plan, amount and location subject to approval
by the Planning Commission.
(5)
Perimeter setback requirement. Wherever possible, the applicant
shall provide perimeter setbacks to abutting properties at the same
dimensions as required of the underlying zoning district classification
in which the property is located subject to approval of the Planning
Commission which may require greater setback distances when in the
opinion of the Planning Commission the proposed planned unit development
will have a detrimental effect on abutting land uses.
(6)
Conveyance of open spaces and/or common elements. Any area designated
as open space or common elements (including limited common elements),
shall be conveyed to an appropriate public body or private owners'
association, as required by law.
(7)
Off-street parking and loading. Off-street parking and loading shall be in conformance with the minimum specifications of Article VI of this chapter for the land uses proposed within the planned unit development.
(8)
Utilities. The proposed PUD development plan shall provide for
installation of public water, sanitary sewer and storm drainage meeting
the standards of the Village, as established by the Village Council
and/or Village engineer.
(9)
Landscaping and screening. Landscaping and screening shall be
in conformance with the minimum specifications of this article as
they pertain to the specific uses proposed within the planned unit
development. The Planning Commission may require additional landscaping
and screening when in the opinion of the Planning Commission the proposed
planned unit development will have a detrimental effect on abutting
land uses.
(10)
Pedestrian pathways and sidewalks. Pedestrian pathways and sidewalks
shall be in conformance with the minimum specifications of this article
and the development standards of the Village, as they pertain to the
specific uses proposed within the planned unit development. The Planning
Commission may require additional pathways and sidewalks when in the
opinion of the Planning Commission the intensity of development requires
additional pathways and sidewalks to safely move pedestrian traffic
throughout the planned unit development.
