§ 12.30. Planned unit development.

1.

Purpose. The purpose of this section is to permit greater flexibility and, consequently, more creative and imaginative design in the development of residential areas through the use of planned unit development legislation, as authorized by Section 503 of the Michigan Zoning Enabling Act (Public Acts 2006, No. 110) for the purpose of:

• Promoting a more economical and efficient use of the land;

• Providing for a harmonious variety of housing choices with the integration of commercial and community facilities and recreational opportunities;

• Facilitating the provision of safe and efficient streets and site access in conformance with access management objectives;

• Promoting the conservation of natural features and encouraging an efficient, aesthetic and desirable use of open space consistent with the city's character;

• Ensuring compatibility of design and use between neighboring properties.

These regulations are intended to result in land use development consistent with zoning ordinance standards, yet allowing for modifications from the general standards.

2.

Scope. A planned unit development containing permitted uses shall be recognized as a principal use permitted subject to special conditions (conditional uses) and controlled by the requirements therefor. Such developments shall be permitted as a conditional use in the R-C, R-A, R-T, C-1, C-2 and C-3 zoning classifications.

3.

Planned unit development provisions.

A.

The minimum size of a planned unit development shall be 20 acres of contiguous land.

B.

Planned unit developments are restricted to one or more of the following uses regardless of the zoning classification in which the development is located:

1.

One-family, two-family, and multiple-family dwellings, including uses and buildings accessory thereto.

2.

Non-residential uses of an educational, cultural, recreational, office or commercial character, including uses and buildings accessory thereto, which uses are an integral part of a residential development logically oriented to and coordinated with the planned unit development.

C.

The overall density of residential uses within a planned unit development shall be determined by dividing the planned unit development residential area by the minimum residential parcel, lot, or building site area per dwelling unit required by the zoning classification in which the development is located.

In the event the development lies in more than one zoning classification, the number of dwelling units shall be computed for each zoning classification separately.

The total density of all phases developed prior to completion of the project shall not exceed eight units per acre.

D.

Non-residential uses permitted by subsection 3(B)(2), including access roads and parking associated with such non-residential uses, shall not exceed 20 percent of the planned unit development.

Non-residential areas or a building devoted primarily to a non-residential use shall not be built or established prior to the completion of construction of 60 percent of the dwelling units within the planned unit development.

E.

Except for minimum parcel, lot or building site area, frontage and width requirements, all zoning ordinance requirements for the underlying zoning classification shall apply, unless specifically waived or modified by the planning commission.

The minimum parcel, lot or building site area, frontage and width shall not be reduced more than ten percent below that required in the zoning classification in which the development is located.

F.

To encourage flexibility and creativity consistent with the objectives of the planned unit development concept, the planning commission may grant specific deviations from the dimensional requirements set forth in the zoning ordinance. Any dimensional deviation shall be approved through a finding by the planning commission that the deviation meets the purpose of a planned unit development set forth in subsection 1 of this section. Dimensional deviations are not subject to variance approval by the zoning board of appeals.

G.

Within every planned unit development, there shall be designated an amount of open space not less than five percent of the planned development and subject to the following standards:

1.

Any significant/sensitive environmental resources (e.g., steep slopes, wetlands, woodlands, etc.) shall be included within the designated open space.

2.

Designated open space shall be set aside as common land and retained in an essentially undeveloped or unimproved state to serve the following purposes:

a.

Conservation of land and its resources.

b.

Ecological protection.

c.

Provide for parkland, passive recreation or non-passive recreation, which preserves natural features.

d.

Protect historic and/or scenic features.

e.

Shaping and guiding the planned unit development.

f.

Enhancement of values and safety.

3.

Designated open space shall be easily accessible to residents of the planned unit development, including visual and pedestrian linkages and proximity to such open spaces.

4.

Structures or buildings which are accessory to the designated open space may be erected in accord with the approved site plan. These accessory structures or buildings shall not exceed, in the aggregate, one percent of the designated open space area.

5.

Designated open space shall be under common ownership or control, such that there is a single entity having proprietary responsibility. Sufficient documentation of ownership or control in the form of agreements, contracts, covenants and/or deed restrictions shall be provided.

6.

Designated open space shall be set aside through an irrevocable conveyance approved by the planning commission, such as:

• Recorded deed restrictions.

• Covenants that run perpetually with the land.

• A conservation easement.

• Land trusts.

Such conveyance shall assure that the open space is protected from development, except as approved by the planning commission. Such conveyance shall also:

• Indicate the proposed allowable use(s) of the designated open space;

• Require that the designated open space be maintained by parties who have an ownership interest in the open space;

• Provide standards for scheduled maintenance of the open space;

• Provide for maintenance to be undertaken by the city in the event that the dedicated open space is inadequately maintained, or is determined by the city to be a public nuisance, with the assessment of costs upon the open space ownership.

7.

Open space area(s) shall be taxed/assessed to each owner of a parcel/lot/building site within the planned unit development; each dwelling unit within a planned unit development shall be taxed/assessed for its pro rata share of the value of the open space area(s).

H.

The proposed planned unit development shall be under common ownership or control while being constructed, such that there is a single entity having proprietary responsibility for the full completion of the project. Sufficient documentation of ownership or control, that indicates the proposed development will be completed in its entirety, shall be submitted with the application for approval.

4.

Design standards.

A.

Access: Direct access for a planned unit development onto a public road shall be designed in compliance with the City of Parchment access standards as may be adopted and amended from time-to-time.

B.

Interior street system: The planned unit development shall be serviced by an interior street system. No use within the planned unit development shall front or gain direct access from an off-site road network.

All two-way interior streets within a planned unit development shall have a paved driving surface with a minimum width of 24 feet, exclusive of parking area. All one-way interior streets within a planned unit development shall have a paved driving surface with a minimum width of 15 feet, exclusive of parking area.

When an interior street will serve as a connecting link between different land ownerships or different public roads, either currently or within the future, it shall be constructed in accordance with the public road specifications of the Kalamazoo County Road Commission and be located upon a right-of-way of not less than 66 feet in width.

C.

Utilities: Public water, sanitary sewer and storm drainage facilities shall be provided as part of the development.

All utilities, including telephone, electric and cable television, shall be placed underground.

D.

Stormwater management: The design of stormwater management systems and drainage facilities shall be designed in coordination with the groundwater protection strategies of the city.

E.

Lighting: Street lighting and all other exterior lighting shall be designed in compliance with the lighting objectives and standards set forth in section 12.25.

F.

Landscaping: Landscaping shall be provided in accordance with section 12.20.

G.

Natural features: The development shall be designed to promote the preservation of natural features.

H.

Sidewalks: Sidewalks shall be constructed according to city standards as referenced in section 42-75 of the Parchment City Code of Ordinances.

I.

Curb and gutter: Curb and gutter shall be constructed to city standards as referenced in section 42-96 of the Parchment City Code of Ordinances.

J.

Screening, set-backs, height of building, accessory structures, exterior lighting: Where required by the planning commission in its sole discretion, which discretion shall not be unreasonably exercised or withheld, shall be provided in accordance with the Parchment City Code of Ordinances, as may be amended from time-to-time including, but not limited to, appendix A, zoning ordinance.

5.

Review criteria. In considering an application for approval of a planned unit development, the planning commission shall make its determination on the basis of the conditional use criteria set forth in section 13.3, the site plan review criteria set forth in section 13.1, the site plan review criteria for condominiums set forth in section 13.21, if applicable, as well as the following standards and criteria:

A.

The overall design and land uses proposed in connection with a planned unit development shall be consistent with the intent of the planned unit development concept and the specific design standards set forth herein.

B.

The proposed planned unit development shall be serviced by the necessary public facilities to ensure the public health, safety and welfare of the residents and users of the development.

C.

The proposed planned unit development shall be designed to minimize the impact of traffic generated by the development on the surrounding land uses and road network.

D.

The proposed planned unit development shall be designed so as to be in character with surrounding conditions as they relate to the bulk and location of structures, pedestrian and vehicular circulation, landscaping and amenities.

E.

The proposed planned unit development shall be designed and constructed so as to preserve the integrity of the existing on- and off-site sensitive and natural environments, including wetlands, woodlands, hillsides, water bodies and groundwater resources.

F.

The designated open space shall be of functional value as it relates to opportunities for wildlife habitat, woodland preservation, agricultural use, recreation, visual impact and access.

G.

The proposed planned unit development shall comply with all applicable federal, state and local regulations.

6.

Application procedure/approval process.

A.

Application requirements. The application for approval of a planned unit development shall be made according to the procedures for conditional uses set forth in section 13.3 and the application guidelines for planned unit developments set forth in this section.

B.

Effect of approval. After a site plan has been approved and construction of any part thereof commenced, no other type of development will be permitted on the site without further approval thereof by the planning commission after proceedings conducted as in the original application. This limitation shall apply to successive owners.

C.

Conformity to approved plan. Property which is the subject of approval for a planned unit development must be developed in strict compliance with the approved conditional use permit and site plan and any amendments thereto which have received planning commission approval. If construction and development does not conform with same, the approval thereof shall be forthwith revoked by the city by written notice of such revocation posted upon the premises involved and mailed to the developer at his last known address. Upon revocation of such approval, all further construction activities shall cease upon the site other than for the purpose of correcting the violation.

D.

Amendment to approved plan. A proposed amendment or modification to a previously approved site plan shall be submitted to the planning commission for review in the same manner as the original application was submitted and reviewed.

E.

Project phasing. When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of the planned unit development and residents of the surrounding area.

Each phase of the project shall be commenced within one year of the schedule set forth on the approved plan. If construction of any phase is not commenced within the approved time period, approval of the site plan shall become null and void.

F.

Performance guarantee. The planning commission may require that a performance guarantee, acceptable to the city, be deposited with the city to ensure completion of the site in accordance with the approved plans.

G.

Recording of action. No building permit shall be issued for the development and no construction activity commenced within the planned unit development until an affidavit containing the full legal description of the planned unit development, specifying the date of final planning commission approval, and declaring that all improvements will be carried out in accordance with the approved planned unit development unless an amendment approved the city is recorded with the register of deeds for Kalamazoo County.

In addition, all required public dedications for streets, utility easements or other public facilities, and deed restrictions shall be duly filed with the city and recorded with the register of deeds for the county.

H.

Revocation. In any case where construction has not commenced within one year of final planning commission approval, all approvals shall be null and void. The applicant may apply for an extension, not to exceed one year. A maximum of two one-year extensions may be allowed.

7.

Application guidelines.

A.

Approval process: The following approval process shall apply to a planned unit development application:

1.

Optional pre-application review(s): Informal pre-application review(s) is encouraged and may be scheduled with the planning department at which the project concept may be reviewed by the applicant, city staff and city consultants.

2.

Conceptual plan review: A planned unit development shall undergo a mandatory conceptual plan review by the planning commission. The review is intended to provide an indication of the issues and concerns that must be resolved prior to review of the site plan by the planning commission. Conceptual plan approval shall not constitute an approval of a detailed site plan but shall be deemed an expression of approval of the layout as a guide to the preparation of the site plan. A request for modification to the approved conceptual plan shall be submitted to the planning commission for review in the same manner as the original conceptual plan was submitted and reviewed.

3.

Conditional use permit/site plan review: Following conceptual plan review, a planned unit development shall undergo a final review by the planning commission. The detailed site plan shall conform to the approved conceptual plan and incorporate any revisions or recommendations made by the planning commission at the conceptual plan review. If a detailed site plan is not submitted for review within six months of conceptual plan approval, the planning commission may require a resubmission of the conceptual plan for further review and possible revision. Site plan review shall be subject to all appropriate sections of the zoning ordinance.

The planning commission shall hold a public hearing on the planned unit development application in accordance with the conditional use provisions set forth in section 13.3.

B.

Optional pre-application review(s) requirements: The applicant shall present the following information on the proposed planned unit development for a pre-application review with the city planning department and applicable city consultants:

1.

Sketch plan of the proposed layout;

2.

An accurate legal description of the development site;

3.

The names and addresses of all current owners of the development site;

4.

The total acreage;

5.

The number of acres to be developed by use;

6.

The total number of acres of open space;

7.

The number of acres to be preserved as open space;

8.

The number and type of residential units;

9.

The details of the non-residential land use;

10.

The details of the pedestrian and vehicular circulation system; and

11.

The location and dimensions of known natural features.

C.

Conceptual plan review requirements: Engineering details of conceptual plans are not required to be developed beyond a level of detail required to determine the feasibility of the proposed layout. The conceptual plan, drawn to a reasonable scale, shall provide the following information:

1.

Boundaries of the planned unit development;

2.

A general location map showing the existing zoning designations, uses and ownerships of the planned unit development and all land within one-quarter mile;

3.

The topography of the site and its relationship to adjoining land;

4.

The location of existing streets adjacent to the planned unit development with an indication of how they will connect with the proposed circulation system for the proposed development;

5.

The pedestrian and vehicular circulation system and related parking facilities proposed within the planned unit development;

6.

Delineation of proposed residential and non-residential areas indicating for each such area its size, number and composition of buildings, dwelling unit density, building envelopes, building location and height and orientation of units;

7.

The interior open space system and park/recreation areas;

8.

Proposed landscaping, including greenbelts, berms and/or screening;

9.

The overall storm water drainage system;;

10.

The public facilities to serve the planned unit development, such as sewage disposal, water supply, refuse disposal, etc.

In addition, the following documentation shall accompany the conceptual plan:

1.

The name, address and telephone number of:

a.

All persons with an ownership interest in the land on which the planned unit development will be located together with a description of the nature of each entity's interest.

b.

All engineers, attorneys, architects or registered land surveyors associated with the planned unit development.

c.

The developer or proprietor of the planned unit development.

d.

Any person(s) authorized to represent the owner in the review process.

2.

An accurate legal description of the planned unit development, including appropriate tax identification numbers.

3.

he total acreage of the planned unit development.

4.

The number and type of units to be developed.

5.

A general statement as to how common open space and park/recreation areas are to be owned and maintained.

6.

If the development is to be constructed in phases, a general indication of how the sequence of phases is to proceed.

7.

A narrative describing how the planned unit development is supported by the city's master land use plan, the capacity and availability of necessary public facilities to the development, and the impact the development will have on adjoining properties.

D.

Site plan review requirements: In addition to information required by section 13.1 and, if applicable, section 13.2, the following information shall be included on, or attached to, all site plans:

1.

An update of the approved conceptual plan pursuant to the informational requirements set forth in subsection 7(C) of this section;

2.

Easements, deed restrictions and other documents pertaining to the open space system and park/recreation areas;

3.

If condominium ownership is proposed, all documentation required by the condominium regulations of the city;

4.

Engineering plans presented in sufficient detail to indicate compliance with the engineering standards adopted by the city, including the cross sections of proposed streets, drive aisles, paved areas and on-site drainage, including retention and/or detention areas.

(Ord. No. 188, § I, 12-4-06)