§ 15.30. Applications for Approval.

The application process for a PUD involves a two-step process including a pre-application conference and final development plan review by the planning commission and recommendation to the city council. The city council may also approve a preliminary pud concept plan for those projects having multiple phases. The following procedure shall be followed when applying for planned unit development (PUD) approval:

A.

Pre-application conference. Before submitting an application for approval of a PUD, the applicant shall confer in a pre-application conference with the city manager, the building inspector, and any other city staff or consultants retained by the city that may have an interest in the proposal with the intent being to obtain information and guidance regarding land development regulations, the city's comprehensive plan, and the application and review process. At the pre-application conference, the applicant shall submit a preliminary sketch plan for the proposed PUD, containing both maps and a written statement. All maps shall show enough of the surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed. The maps which are part of the preliminary concept plan may be in general schematic form, but must contain enough information to obtain feedback from city officials and consultants.

B.

Planning commission review of final PUD. Upon completion of the pre-application conference stage, a final PUD development plan application meeting the submission requirements of this Article and incorporating the preliminary concept plan, shall be submitted to the planning commission for its review. A public hearing on the final PUD development plan shall be held by the planning commission, with notification of the hearing date published in a newspaper which circulates in the city and sent by regular mail, at least five (5) days but not more than fifteen (15) days prior to the hearing date, to property owners and occupants of each dwelling unit in all structures located within three hundred (300) feet of the proposed PUD. For structures containing more than four (4) dwelling units owned or leased by different individuals, partnerships, businesses, or organizations, notice shall be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

After the public hearing, the planning commission shall make a recommendation to the city council of approval, approval with modifications, or disapproval of the PUD, as represented by the final PUD plan and accompanying materials. The planning commission shall prepare a report stating its conclusions on the PUD request, the basis for its recommendation, the recommendation, and any conditions relating to an affirmative recommendation.

C.

Final PUD development plan submittal requirements. The final PUD development plan shall include all of the following information, unless the building inspector determines that some of the required information is not reasonably necessary for the consideration of the planned unit development:

1.

Application form and required fee.

2.

A narrative indicating the period of time within which the project will be completed.

3.

Sheet size of submitted drawings shall be at least twenty-four (24) inches by thirty-six (36) inches, with graphics at an engineers scale of at least one (1) inch equals one hundred (100) feet.

4.

Building footprints, setbacks, floor plans, and elevations showing height and materials for all proposed structures; typical layout for condominium projects.

5.

Proposed locations of utility services (with sizes), noting which will remain and which are to be removed, including storm drainage, sanitary/storm sewer, fire hydrants, and any public or private easements.

6.

General description and location of stormwater management system including pre- and post-site development run-off calculations used for determination of stormwater management.

7.

A landscape plan indicating proposed plant locations with common plant names, number, and size at installation. Berms, retaining walls, or fences, shall be shown with elevations from the surrounding average grade.

8.

A site grading plan with existing and proposed topography at a minimum of two (2) foot contour intervals and with topography extending a minimum of fifty (50) feet beyond the site in all directions and further where required to indicate stormwater run-off into an approved drain or detention/retention pond.

9.

Location of significant natural, historical, and architectural features, that will be designated to remain, and/or location and acreage of areas not to be disturbed; noting protection methods such as a fence, barrier, or police line installed prior to site preparation.

10.

Location and method of screening for all refuse storage stations/receptacles.

11.

Location and dimension of parking spaces, loading/unloading areas and calculations.

12.

Details of exterior lighting including locations, height, and method of shielding.

13.

Location and size of all signs, including:

a.

Location, type, height, and method of lighting for identification signs.

b.

Location and type of any directional or regulatory/traffic signs with details for any sign not conforming to the Michigan Manual of Uniform Traffic Control Devices.

14.

Details of site circulation and access design, including:

a.

Indication of street pavement widths and pavement type;

b.

Street horizontal and vertical dimensions, including curve radii;

c.

Dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersection streets, including those across a street;

d.

Identification of width and material to be used for pedestrian paths.

15.

Written verification of access easements or agreements, if applicable.

16.

A note on each plan sheet stating "Not to be used for construction".

17.

Any additional graphics or written materials requested by the planning commission to assist in determining the impacts of the proposed development plan, including, but not limited to, economic or market studies; impact on public primary or secondary schools and utilities; traffic impact; impact on the significant natural, historical, and architectural features and drainage; impact on the general area and adjacent property including the screening from or buffering of adjacent properties that contain different land usages or housing densities; and estimated construction cost.

18.

The following information shall be submitted as a part of an application for permission to commence any type of development within the flood plain district:

a.

The elevation in relation to mean sea level of the floor, including basement of all structures;

b.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

c.

Proof of development permission from appropriate local, state, and federal agencies including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality;

d.

Base flood elevation data where the proposed development is subject to Act 288 of the Public Acts of 1967, the Subdivision Control Act as amended, or greater than five (5) acres in size; and,

e.

Additional information which may be reasonably necessary to determine compliance with the provisions of this Article.

D.

Standards for approval of final PUD development plan. Based upon the following standards, the planning commission may recommend denial, approval, or approval with conditions, and the city council may deny, approve, or approve with conditions, the proposed planned unit development:

1.

The planning commission and city council shall use the standards for approval of Article XVI "Development Plan Requirements", Article XVIII "General Standards and Exceptions", Article XIX "Design Standards", Article XX "Landscaping Standards", Article XXI "Parking, Loading, and Access Management Requirements" in revising the final PUD development plan. The planning commission of the city council may also use the standards for approval of Article XXIII "Conditional Use Requirements", should such standards be deemed necessary by the planning commission or the city council.

2.

The applicant must demonstrate or identify in writing that the proposed PUD:

a.

Includes any areas indicated in the city's comprehensive plan as having significant natural, historical, or architectural features;

b.

Will provide a complimentary mixture of uses or housing types or clustering of units to preserve common open space, in a design not possible under the underlying zoning district dimensional regulations; and/or

c.

Will achieve a higher quality development than is otherwise possible with the regulations for the underlying zoning district.

3.

The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. 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.

4.

The number and dimensions of off-street parking shall be sufficient to meet the minimum number required by this Ordinance. However, where warranted by overlapping or shared parking arrangements, the planning commission or the city council may reduce the required number of parking spaces.

5.

All streets and parking areas within the planned unit development shall meet the minimum construction and other requirements of this Ordinance and any other applicable city ordinance, unless modified by the city council.

6.

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 and provide not less than that required in Article XX "Landscaping Standards".

7.

Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land.

8.

Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development.

9.

Safe, convenient, uncongested, and well defined vehicular and pedestrian circulation within and to the site shall be provided.

10.

Drives, streets, and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.

11.

The uses proposed shall be consistent with the city's comprehensive plan or an approved overall PUD concept plan.

12.

Sidewalks shall be provided where appropriate.

The city council shall prepare a report stating its conclusion on the pud request, the basis for its decision, the decision, and any conditions relating to an affirmative decision.

E.

Status of the city council approval. Approval of a PUD application by the city council confers on the applicant and any subsequent powers of the PUD property, the right to utilize the property included as part of the approved PUD in accordance with the overall density, dwelling unit mix, and final plan of the approved PUD. However, for the total PUD or for each portion of the PUD, if phasing of the development is planned, a development plan review is required for each phase in accordance with Article XVI "Development Plan Requirements". The approved development plan shall take precedence over the approved PUD preliminary concept plan for the area of the approved development plan.

The city council may cause to have legal documents, covenants, or contracts prepared and may require the execution thereof by the applicant, which documents involve the city and are required as a result of the conditions contained in the PUD or the development plan approvals in a PUD area.

The building inspector shall inspect the development at each stage to ensure reasonable compliance with the conditions of the approved pud or approved development plans, as applicable.

F.

Revocation or Changes. The city council, after recommendation of the planning commission, may revoke a PUD or any portion thereof in instances where substantial construction activity has not been ongoing anywhere within the PUD within a three-year period. Revocation of any portion of a PUD reverts that portion of the PUD to the status and requirements of the underlying zoning district, without benefit of the PUD provisions. Proposed changes in the PUD, other than those considered a part of the development plan review for all or portions of the PUD, must be processed in the same manner as the original PUD procedure.

(Ord. No. 2002-8, 8-26-02)