A.
Planned unit developments (PUDs) in the Village may be established
in any zoning district when approved by the Village Council in accordance
with the procedures specified in this article.
B.
The primary purpose of this article is to encourage the creation
of desirable and efficient working and/or living environments that
are designed and developed as integrated projects with harmonious
land uses and compatibility with surrounding areas and natural features.
It is the intent of this article to authorize the consideration and
use of a PUD for some or all of the following purposes:
(1)
Provide for flexibility in the regulation of land development;
(2)
Encourage innovation in land use and variety in design, layout, and
type of buildings and structures;
(3)
Achieve economy, efficiency and sustainability in the use of land,
natural and historical resources, energy, and the provision of public
services and utilities;
(4)
Encourage the use of land in accordance with its character and adaptability;
(5)
Encourage useful open space;
(6)
Promote the enhancement of housing diversity, employment, traffic
circulation, pedestrian movement, and recreational opportunities for
the residents of the Village;
(7)
Provide for the regulation of a variety of land uses not otherwise
authorized within a single zoning district;
(8)
Create better living, working, and shopping environments; and
(9)
Create developments that achieve the standards and best practices
of smart growth and sustainable, energy efficient design.
C.
In order to accomplish these objectives, this article permits variation
from the conventional requirements found in the underlying zoning
district(s). The use of land and the construction and use of buildings
and other structures as a PUD shall be in conformance with the procedures,
standards, requirements, and conditions for eligibility contained
in this article.
In order to qualify for PUD, the following qualifying conditions
shall be satisfied:
A.
A PUD may be considered for any property in the Village. However,
the applicant must demonstrate that the PUD would result in recognizable
and substantial benefits to the ultimate users of a development and
to the community in general, where such benefits would be unfeasible
or unlikely to be achieved under the conventional requirements of
this chapter.
B.
A PUD shall be served adequately by essential public facilities and
services, such as streets, pedestrian ways, police and fire protection,
drainage structures, refuse disposal, water and sewer, electricity,
natural gas, and telecommunications.
C.
A PUD shall be compatible with the capacities of public services
and facilities it may affect.
D.
The parcel shall be under the control of one owner or the subject
of an application filed jointly by the owners of all properties and
shall be capable of being planned and developed as one integral unit.
Applications for a PUD must be made with the written authorization
of all owners of the site. If a PUD application is filed by a prospective
purchaser or option holder, written consent of all property owners
must be submitted as evidence of their concurrence with the PUD application.
E.
A PUD shall result in a development that is substantially consistent
with the goals and objectives of the Village's Master Plan, including,
but not limited to, creating a walkable, sustainable, and attractive
community and protecting reasonable waterfront views and access for
all waterfront developments.
A.
Permitted uses. Any principal or accessory land use permitted in
any zoning district as a use by right, or any combination of such
uses, may be considered within the PUD district. Any special land
use permitted in any district may be considered within the PUD district
provided that the underlying special land use regulations are satisfied;
provided, however, that the Planning Commission and the Village Council
must reach a finding that all such proposed uses and the impacts they
may generate on one another and on the surrounding community shall
be generally compatible and harmonious with one another.
[Amended 2-21-2022 by Ord. No. 375]
B.
Density.
(1)
For PUDs located in nonresidential districts, the maximum number
of dwelling units permitted in a PUD shall be determined by the Planning
Commission in consideration of the master plan, existing and future
surrounding land uses, capacity of public utilities and services,
and other applicable factors.
(2)
The total amount of land to be used for the calculation of the permitted density in a PUD in Subsection B(1) above shall be determined by using the net developable area, which shall be determined by taking the total site area and subtracting lands used or dedicated for existing public easements and existing rights-of-way for streets or private roads.
C.
Open space.
(1)
When open space is proposed as part of a PUD, it shall be large enough
and of proper dimensions to contribute significantly to the intent
of the PUD.
(2)
Open space maintenance.
(a)
All open spaces shall be in the joint ownership of the property
owners within the PUD. A property owners' association shall be formed
which shall take responsibility for the maintenance of the open space.
Alternatively, evidence shall be given that satisfactory arrangements
will be made for the maintenance of the open space land to relieve
the Village of its future maintenance.
(b)
The applicant for the proposed PUD shall provide the Village
with a recordable maintenance or restrictive covenant agreement among
the owners of the open space, or other documentation satisfactory
to the Village which shall provide for and assure that the open space
shall be preserved in perpetuity and maintained as needed. Open space
may be deed restricted, placed in a conservation easement, or otherwise
held as open space in perpetuity. Suitable recorded instruments shall
be submitted to the Village for review prior to final approval of
the PUD.
E.
Every PUD shall adhere to the minimum design standards of the CBD
Zoning District and the principles of the Village Design Manual, except
that the Planning Commission may waive these standards under the following
conditions:
(1)
Minimum height may be waived if a taller structure would not fit
the character of the immediate vicinity.
(2)
Building material standards may be waived for building faces not
in the immediate view of the public.
(3)
Shared wall requirements would not be practical in the scope of the
proposed design.
A.
The following steps, which are outlined in §§ 390-77 through 390-81, shall apply to all applications for PUD approval, whether residential, nonresidential, or mixed use:
(1)
Pre-application conference. Prior to the submission of an application
for a PUD, the applicant shall meet with the Village for initial review.
(2)
PUD preliminary review and PUD rezoning.
(a)
The Planning Commission shall review the preliminary development
plan, hold a public hearing, and make a written recommendation to
the Village Council.
(b)
The Village Council shall hold a public hearing, review the
final PUD development plan for the entire project or for each phase
of the project as identified in the preliminary development plan review,
and the written recommendation and findings from the Planning Commission,
and make a final decision.
(3)
PUD Final site development plan review. The Planning Commission shall review the PUD final site development plan in accordance with Article XVII of this chapter. During the final development plan review, a PUD Agreement will also be developed by the Planning Commission with final approval by the Village Council.
B.
Either concurrently with the PUD plan application, or upon approval
by the Village Council (with or without conditions), the applicant
may apply for preliminary plat approval, condominium approval, and
private road approval, as applicable.
A.
Information required. Prior to the submission of an application for a PUD, the applicant shall meet with the Planner, Zoning Administrator, and any other individuals designated by the Village Manager. The applicant shall demonstrate that the proposed PUD will satisfy the intent of this article, set forth in § 390-73, and present at such conference a sketch plan of the development. The pre-application conference shall include the following information:
(1)
A description of the property and disclosure of ownership interest;
(2)
Total number of acres included in the project;
(3)
The principal objectives of the PUD; identification of its prospective
users and their needs; and why this site is appropriate for those
objectives and those users;
(4)
A description of proposed land uses including the approximate number
of residential units and/or approximate number/type and square footages
of nonresidential development. This shall include the general development
concept, including structures to be retained, remodeled or demolished,
an overall architectural concept or development theme, and markets
to be served by the development;
(5)
A conceptual plan showing significant natural features, vehicular
and pedestrian circulation;
(6)
A general description of any departures from the regulations of this
article which may be requested;
(7)
The relationship of the development to the surrounding neighborhood;
(8)
The approximate area of the proposed PUD to be devoted to each use;
(9)
A description of how the proposed PUD will relate to the goals and
objectives of the Village's Master Plan;
(10)
All known natural resources, historical sites and natural features
including any views from the site to important natural features and
any impediments to development;
(11)
The benefits that are expected to result from the PUD pertaining
to the subject site;
(12)
If the plan is to be carried out in phases, a description of
the phases and approximate time frame for each phase.
B.
Based on the information presented, the Village may advise the applicant
of possible issues and concerns the Village may want addressed should
the PUD application be submitted. However, any such initial input
or response from the Village shall not be considered binding, nor
shall it be construed to indicate any preliminary approval of the
proposed PUD.
A.
Following the pre-application conference, the applicant shall submit
14 copies of a complete application for review of a preliminary development
plan to the Zoning Administrator at least 30 days prior to review
by the Planning Commission.
B.
The PUD plan shall be prepared by a licensed professional engineer,
community planner, or architect and shall be accompanied by an application
form and fee as determined by the Village Council. Such application
shall contain all of the following information, unless specifically
waived by the Planning Commission upon recommendation of the Zoning
Administrator:
(1)
General information.
(a)
Information required for the pre-application conference.
(b)
Name, address, and phone number of the applicant.
(c)
Name, address, and seal of the professional engineer, planner
or architect that prepared the plan.
(d)
Legal description of property including common street address(es).
(e)
Land use and zoning of adjacent properties and approaches planned
to achieve a gradual transition between the proposed PUD and the surrounding
neighborhood.
(f)
All lot or property lines with dimensions.
(g)
Acreage (gross and net).
(h)
Existing site conditions:
[1]
Boundary survey lines and setbacks;
[2]
Topographic survey including date, North arrow, and scale, which
shall not be more than one inch equals 100 feet.
[3]
A small-scale sketch of the vicinity of the subject property,
locating the property in relation to properties, structures, streets
and uses within 500 feet of the PUD.
[4]
General location of all buildings within 100 feet of the property
lines.
[5]
Location of existing vegetation and natural features.
[6]
Location and dimensions of existing buildings, structures, paved
surfaces and areas, installed landscaping, and other significant physical
infrastructure.
[7]
All areas within the Waterfront Overlay District as defined in accordance with Article XIII of this chapter.
[8]
Size and location of existing utilities and status, where applicable.
(i)
Proposed development:
[1]
General location, size, and architectural character of all proposed
structures on the site, including building elevations and footprints.
[2]
General location and dimensions of all proposed streets, private
roads, driveways, and parking areas, including total number of spaces
and typical dimensions.
[3]
General size and location of all areas devoted to open space.
[4]
General location and size of proposed landscaped areas and buffer
areas.
[5]
A general signage plan, showing the type, location, and dimensions
of all signs.
[6]
A plan for debris and snow management and dust abatement during
construction. Layout of sidewalks and/or pathways, both internal to
the development and along the main street frontage.
[7]
An illustration of parking areas including traffic flow diagrams
and a detailed estimate of parking demand based on all proposed uses.
[8]
Conceptual plan for provision of public water and public sanitary
sewer services.
[9]
Conceptual grading plan.
[10]
Conceptual stormwater plan.
(2)
Additional information.
(a)
A narrative describing:
[1]
The nature and concept of the project.
[2]
The proposed density, number, and types of dwelling units if
a residential PUD.
[3]
How the proposed PUD meets the objectives of this article.
[4]
The legal mechanisms and structures proposed to ensure the perpetual
maintenance of any open space proposed.
[5]
How the proposed project will be served by public water, sanitary
sewer, storm drainage, electric, gas, and telecommunications.
[6]
The phasing plan or staging plan, if applicable.
[7]
Proof of ownership or legal interest in the property.
(b)
The Planning Commission may require additional information from
the applicant to better assist in the determination of PUD qualification
such as, but not limited to, market studies, fiscal impact analysis,
traffic impact studies, and environmental impact assessments.
C.
Planning Commission review and public hearing.
(1)
The Planning Commission shall review the PUD plan at a regular or special meeting and shall hold a public hearing. Notice of a public hearing shall be provided in accordance with the requirements of § 390-151 and the Michigan Zoning Enabling Act of 2006,[1] as amended.
[1]
Editor's Note: See the Zoning Enabling Act, MCLA § 125.3101
et seq.
(2)
The Planning Commission shall review the PUD plan in consideration
of public comments, technical reviews from Village staff and consultants,
and other applicable standards and requirements. Within a reasonable
time frame, the Planning Commission shall make a recommendation on
the proposed PUD preliminary development plan to the Village Council.
The recommendations of the Planning Commission shall be transmitted
in written form to the applicant, and a copy of such recommendations
transmitted to the Village Council.
D.
Village Council review and required public hearing.
(2)
After the public hearing, the Village Council shall review the application
in consideration of the Planning Commission's written recommendation,
public hearing comments, technical reviews from Village staff and
consultants, and other applicable standards and requirements. Within
a reasonable time, the Village Council shall approve, deny, or approve
with conditions the PUD preliminary development plan and PUD rezoning.
(3)
Approval of the PUD plan and PUD rezoning by the Village Council
shall be incorporated into a rezoning amendment to the zoning ordinance
and map. Such rezoning and PUD plan approval shall become effective
after notification and publication as required by the Michigan Zoning
Enabling Act,[3] as amended.
[3]
Editor's Note: See the Zoning Enabling Act, MCLA § 125.3101
et seq.
(4)
The PUD, including the preliminary development plan as approved, the incorporated narrative, and all conditions imposed shall constitute the land use authorization for the property. Such authorization shall remain in effect for a period of one year from the date of approval by the Village Council, unless a longer period is granted. Uses not specifically identified in the preliminary development plan shall not be permitted. All improvements and uses shall be in conformity with this amendment, except as permitted by § 390-83. During the period of effectiveness of the preliminary development plan, the applicant shall be permitted to submit one (or more if the project is to be proposed in phases) site plan applications seeking final development plan approval pursuant to § 390-81.
(5)
In all instances, the Village Council may impose conditions with
approval of a PUD which are necessary to ensure compliance with the
standards for approval stated in this section and any other applicable
standards contained in this article. Such conditions shall be considered
an integral part of the PUD approval and shall be enforceable by the
Village.
(6)
In the event that an application for a final development plan is
not submitted within the time limits set forth in the approved preliminary
concept development plan and any extensions thereof that may be permitted
and approved, the approval granted under this article shall expire,
and the Planning Commission may initiate rezoning proceedings to an
appropriate zoning district.
(7)
Prior to commencement of construction, the applicant and the Village shall enter into a Planned Unit Development Agreement, which shall incorporate the approved final development plan, relevant dates of approval, the legal description of the property, all relevant conditions of approval, and a statement that the property shall be developed in accordance with the approved PUD preliminary development plan and any conditions imposed by the Village Council or Planning Commission, unless an amendment is approved pursuant to § 390-83. Such agreement shall be drafted in a form acceptable to the Village Attorney and shall be recorded with the Ottawa County Register of Deeds prior to the commencement of construction.
The Zoning Board of Appeals shall have no authority to hear
appeals regarding a decision on a PUD.
The Planning Commission and Village Council shall approve a
PUD only if it complies with each of the following standards:
A.
The proposed PUD is consistent with and promotes the intent of this
article and represents a development opportunity for the community
that could not be achieved through conventional zoning.
C.
The proposed PUD shall not be hazardous to adjacent property or involve
uses, activities, materials, or equipment that will be detrimental
to the public health, safety and welfare of persons or property through
the excessive production of traffic, noise, smoke, fumes, dust, or
glare.
D.
The proposed type and density of use shall be compatible with the
capacities of the public services and facilities it may affect, and
shall not place a material burden upon the subject or surrounding
land or property owners and occupants or the natural environment.
E.
The proposed development shall be compatible with the adopted master
plan of the Village and shall be consistent with the intent and spirit
of this article.
F.
Safe and efficient ingress and egress has been provided to the property,
with particular reference to pedestrian safety and convenience, traffic
flow and control and access in case of fire or other emergency.
G.
The proposed PUD shall be designed, constructed, and maintained to
be an integrated and harmonious development, appropriate in appearance
with the existing or intended character of adjacent property, the
surrounding uses of land, the natural environment, the capacity of
public services and facilities affected by the development.
H.
The proposed PUD shall satisfy all applicable local, state, and federal
laws, rules, and regulations.
A.
Submittal. After receiving approval of the preliminary development
plan by the Village Council, the applicant shall submit 12 copies
of a final site development plan for review and approval by the Planning
Commission prior to starting any construction. The final site development
plan shall be submitted at least 30 days prior to the meeting at which
the plan will be considered by the Planning Commission. The plan shall
contain the same information required for the preliminary development
plan along with the following:
[Amended 2-21-2022 by Ord. No. 375]
(1)
A completed application form, supplied by the Zoning Administrator;
(2)
Payment of a fee, as established by the Village Council;
(3)
A written response to the findings, review comments, and conditions,
if any, from the Planning Commission and Village Council review of
the preliminary development plan and a narrative explanation of the
changes made to the final development plan in response to those items.
(4)
Evidence that all required permits, other than building permits,
have been obtained, as applicable, from county, state, and/or federal
agencies; and
(5)
A site plan containing all of the information required in Article XVII (Site Plan Review). For developments consisting of three or more phases, a plan meeting the requirements of § 390-78 may be submitted for the overall PUD and a detailed plan as required for final site development plan may be submitted for the first phase. Each subsequent phase shall be reviewed in the same manner.
(6)
Final plans for water and sanitary sewer services, stormwater management,
site grading, and similar items shall be substantially similar to
what was previously reviewed and approved in the preliminary development
plan.
B.
Standards for final site development plan approval. Upon receipt of a complete application for final site development plan, the Planning Commission shall review said application and either approve, deny, or approve with conditions the final site development plan. In making its decision, the Planning Commission shall find that the proposed PUD meets the intent and qualifying conditions of this article and that it is in conformance with the preliminary development plan and the conditions, if any, of the PUD approval. If it is determined that the final site development plan is not in substantial conformance to the preliminary development plan, the review process shall be conducted as a preliminary development plan review, in accordance with the procedures of §§ 390-77 through 390-78 of this chapter.
C.
Conditions.
(1)
In approving a final site development plan, the Planning Commission
may impose reasonable conditions. Conditions imposed shall meet all
of the following requirements:
(a)
Be designed to protect natural resources, the health, safety,
and welfare, and the social and economic well-being of those who will
use the land use or activity under consideration, residents, and landowners
immediately adjacent to the proposed land use or activity, and the
community as a whole.
(b)
Be related to the valid exercise of the police power, and purposes
which are affected by the proposed use or activity.
(c)
Be necessary to meet the intent and purpose of this article
and the preliminary development plan, be related to the standards
established in this article for the land use or activity under consideration,
and be necessary to ensure compliance with those standards.
(2)
The conditions imposed with respect to the approval of a PUD final development plan shall be recorded in the record of the approval action and shall remain unchanged except according to § 390-83. The Planning Commission shall maintain a record of conditions which are unchanged. The final site development plan, as approved, shall act as a restriction upon the development. The development must conform with the final development plan, and no building permit shall be issued for any improvements that are not in compliance with said plan.
The Planning Commission may require a performance bond or similar guarantee in order to ensure the completion of required improvements pursuant to § 390-153 of this chapter.
Changes to an approved PUD shall be permitted only under the
following circumstances.
A.
The holder of an approved PUD final development plan shall notify
the Zoning Administrator of any desired change to the approved PUD.
B.
Minor changes may be approved by the Zoning Administrator upon determining
that the proposed revision(s) will not alter the basic design and
character of the PUD, nor any specified conditions imposed as part
of the original approval. Minor changes shall include any of the following.
(1)
Reduction of the size of any building or sign;
(2)
Movement of buildings or signs by no more than 10 feet;
(3)
Landscaping approved in the final development plan that is replaced
by similar landscaping to an equal or greater extent;
(4)
Changes in floor plans, of up to 5% of the total floor area of all
buildings, which do not alter the character of the use or increase
the amount of required parking;
(5)
Internal rearrangement of a parking lot which does not affect the
number of parking spaces or alter access locations or design;
(6)
Changes required or requested by the Village, the county, or other
state or federal regulatory agency in order to conform to other laws
or regulations;
(7)
Change of phases or sequence of phases, only if all phases of the
PUD have received final approval.
(8)
Other changes determined by the Zoning Administrator to be minor
changes.
C.
A proposed change not determined by the Zoning Administrator to be
minor shall be submitted as an amendment to the final development
plan and shall be processed in the same manner as the original PUD
application, including both preliminary and final development plan
review.
[Amended 2-21-2022 by Ord. No. 375]
A.
For each approved PUD, construction shall be commenced and shall
proceed meaningfully toward completion within one year from the date
of the approval of the final development plan by the Planning Commission,
or a longer period established per § 380-78D(4). If the
Zoning Administrator determines this requirement is not being complied
with, the Zoning Administrator shall notify the owner/applicant in
writing at least 14 days prior to the expiration of this one-year
time period.
B.
The owner or applicant of the PUD may apply to the Planning Commission
for one extension of the original approval for an additional term
of one year. The Planning Commission may, in its discretion, authorize
this extension. In considering such authorization, the Planning Commission
shall consider the following standards:
C.
If the PUD has not commenced and proceeded meaningfully towards completion
at the end of the initial one-year or longer time period, or the one
permitted extension thereof, then the PUD approval shall be automatically
invalid and void.
