(a) Purpose; Intent. As used in this section, "planned unit development" includes such terms as cluster zoning, planned development, community unit plan, and planned residential development and other terminology denoting zoning requirements designed to accomplish the objections of this Zoning Code through a land development project review process based on the application of site planning criteria to achieve integration of the proposed land development project with the characteristics of the project area. A planned unit residential development (PURD) is intended to provide a means by which land can be developed or redeveloped with innovation and creativity. A PURD accommodates the objectives of the City of Battle Creek's Comprehensive Plan, while allowing some deviation from the strict application of use and bulk regulations which may otherwise create hardship or complications for development. This chapter is intended to grant such flexibility through the special use permit process of public hearings. The objectives of PURD's are as follows:
(1) To stimulate creative approaches to the development of land;
(2) To provide for the more efficient use of land;
(3) To preserve natural features and resources and provide for open spaces;
(4) To develop new approaches to the living environment through variety in type, design and the layout of residential structures; and
(5) To accommodate diversification and variation in the relationship in uses, structures, open spaces and structural heights in projects conceived as a cohesive development consistent with the Comprehensive Plan.
(b) Minimum Land Area. PURDs shall be developed having a computed area of not less than three acres.
(c) Permitted Uses.
(1) Generally. In addition to the uses that might otherwise be permitted in the underlying zoning district, the uses in a PURD may include, and shall be limited to:
A. Dwelling units in detached, semidetached, attached or multistoried structures, or any combination thereof; and
B. Recreational amenities primarily intended for use by residents of the PURD.
(2) Nonresidential uses permitted. Nonresidential uses of a religious, commercial, office or recreational character may be permitted under requirements established in this chapter, but only according to the following:
A. If the PURD includes from one to fifty dwelling units, 75% of said dwelling units must possess a certificate of occupancy prior to any nonresidential construction.
B. If the PURD contains fifty-one or more dwelling units, 50% of said dwelling units must possess a certificate of occupancy prior to any nonresidential use construction.
C. In no instance may the total footprint area of any nonresidential structure in a PURD be more than 5% of the total area of all footprints of all structures in such development.
D. Except for office uses, no single establishment shall be greater than 5,000 square feet in floor area, and all business must be conducted within an enclosed building.
E. To the maximum extent possible, the design and architecture of nonresidential uses shall conform to the character and architecture of the surrounding area.
F. The only nonresidential uses permitted within a PURD are:
1. Assisted senior living;
2. Independent senior living with services;
3. Office;
4. Outdoor recreation/ public;
5. Personal service establishments;
6. Public K-12 schools;
7. Religious institutions;
8. Retail sales;
9. State licensed child care family home, 1-6 children.
G. Nonresidential uses identified as being permitted in a PURD may be specifically and selectively authorized as to type and size only when integrated by design as an accessory element of the project, and only when located in an area of the total site having frontage on a major street.
H. Ingress and egress to the nonresidential areas of a PURD shall be accessed from major thoroughfares and not the surrounding local residential streets.
I. Nonresidential structures shall not be located closer than within 350 feet of the property line of any existing developed residential use.
J. Parking areas dedicated for nonresidential structures shall not be located closer than 200 feet from the property line of any existing developed residential use, and must be landscaped with plantings to prevent headlight intrusion onto adjacent residential premises.
K. Nonresidential structures shall not be taller than thirty-five feet in height.
L. One freestanding sign to identify aggregate nonresidential uses shall be permitted, with a total maximum display area of not more than 100 square feet. The sign may not be located closer than 200 feet from the nearest property line of any existing residentially developed property.
M. The general theme, plan and location of all signs within the planned unit development shall be submitted with the preliminary site plan.
(d) Standards and Criteria.
(1) Professional design requirements. A plan submitted for consideration as a PURD in the City must certify that the design has been prepared by at least one of the following:
A. An architect licensed by the State of Michigan;
B. A landscape architect licensed by the State of Michigan;
C. A land surveyor licensed by the State of Michigan;
D. A professional community planner licensed by the State of Michigan;
E. A planner holding membership in the American Institute of Certified Planners; or
F. A civil engineer licensed by the State of Michigan.
(2) Conformity with general standards. A plan shall be consistent with the following general standards for use of land, the use, type, mass, design and location of buildings, the density and/or intensity of use, the common open space and the public facilities of the site.
A. The plan may provide for variety in the design of house types, including attached or detached residential structures.
B. The site coverage of buildings and structures shall not exceed one-third of the total computed area of the PURD.
C. No structure shall be greater than fifty feet in height.
D. Any plan that does not propose to increase the number of dwelling units per acre otherwise permitted on the property shall be prima facie qualified for tentative approval insofar as density of use is concerned.
E. The housing tenure or type of a residential development shall not be a determining factor in consideration for approval. Residential uses may include units proposed for home ownership or condominium sale, or units available for contract rental.
(3) Permitted density.
A. The permitted number of dwelling units shall be computed as follows: total land area divided by the minimum lot area for the underlying zoning district as identified in Chapter 1241 equals the number of dwelling units permitted. The quotient of this formula shall be rounded down to the next lower whole number.
B. A density bonus, or an allowable increase in overall density, shall be as follows:
1. A plan may provide for a greater number of dwelling units than would be permitted by the regulations otherwise applicable to the zone in which the development is located, determined according to the following formula:
a. If more than two-thirds of the development contains detached buildings each containing only one or two dwelling units, and/or town house or similar one-family attached buildings, each attached cluster containing no more than four dwelling units, the project would be entitled to a 10% density bonus;
b. If additional open space, beyond that required, is provided and is to be used as a public park or playground of not less than one acre, and which is free and open to the public with no obstructions or restrictions on use, the project would be entitled to a 5% density bonus; or
c. If more than 25% of the acreage for the total site is identified as common open space, the project would be entitled to a 5% density bonus.
d. These bonuses are cumulative, and if a project meets or exceeds all of these standards, the project would be entitled to a 20% density bonus.
2. The landowner has the burden of showing that such excess will not have an undue and adverse impact on existing public facilities and on the reasonable enjoyment of neighboring property. The Planning Commission, in making a determination of the reasonableness of the increase in the permitted dwelling units per acre, shall recognize that increased density can be compensated for by additional private amenities and by increased efficiency in public services to be achieved by (1) the amount, location and proposed use of common open space; and (2) the location, design and type of dwelling units. The Planning Commission shall, in its determination, also consider the physical characteristics of the site which may make increased densities appropriate or inappropriate in the particular location.
(4) Covenants and easements. The plan may contain such proposed covenants, easements and other provisions relating to the mass location and density of such residential units, nonresidential uses and public facilities as are necessary for the welfare of the PURD and are consistent with the best interests of the entire City. Such covenants, easements and other provisions, if part of the plan as finally approved, may be modified, enforced, removed or released only in accordance with Section 1250.01(i).
(5) Phasing of development. The City Commission may, upon the recommendation of the Planning Commission, allow divisible geographic sections of the entire parcel to be developed in phases as a PURD, and shall in such instances specify anticipated periods within which development of each section will be commenced, and may permit in each section deviations from the number of dwelling units per acre established for the entire PURD, provided that such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre permitted for the entire PURD is not affected. The period of the entire development and the commencement date for each section thereof may be modified from time to time by the City Commission upon the showing of good cause for such action by the landowner.
(6) Infrastructure, streets and utilities. The uniqueness of each proposal for a PURD requires that the specifications for the width and surfacing of streets, rights-of-way for public utilities, curbs, gutters, sidewalks, street lighting, public parks and playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be subject to modifications from the requirements established in Section 1250.02 Subdivision Regulations. The City Commission may waive or modify any of the requirements of this section where the City Commission finds, upon the recommendation of the Planning Commission, that granting such waiver or modification of any requirement is consistent with the interests of the entire City.
(7) Common open space, setbacks and buffers.
A. At least 25% of the land area within any PURD shall be identified as common open space.
B. In addition to the building setback requirements otherwise applicable for the zone in which the tract is located, no structure or parking area providing more than four parking spaces shall be within seventy-five feet of the property lines of any abutting platted subdivision.
C. A natural state buffer of fifteen feet shall be maintained along the property line abutting a platted subdivision unless otherwise recommended by the Planning Commission.
(8) Off-street parking. All parking within a PURD shall be provided at a rate of not less than two spaces per dwelling unit.
(9) Landscaping. The type, size and location of trees and shrubs shall be indicated on the plan. Within the area developed for residential use, there shall be at least twice as many shade or ornamental trees as there are ground level dwelling units. Existing planting may be acceptable as required planting to the extent that it is compatible in every respect with the landscape plan.
(e) Application for Tentative Approval.
(1) An application for tentative approval shall include the following information:
A. The location and size of the area proposed to be developed.
B. Proof of all of the landowner's ownership interest in the land to be developed.
C. The density of land use to be allocated to parts of the area to be developed.
D. The location, function, ownership and method of maintenance of common open space.
E. The use, height, mass and location of buildings.
F. General locations of all streets, sidewalks, water supply, sanitary waste, storm water and refuse disposal.
G. The substance of covenants, grants of easements or other restrictions to be imposed upon the use of land and buildings, including proposed easements for public utilities.
H. The provision for parking of vehicles, the location and width of proposed streets and public ways and the relationship of proposed streets and other public facilities to similar public facilities in proximity to the proposed PURD.
I. The required modifications in the regulations otherwise applicable to the subject property.
J. In the case of plans for developments to be carried out over a period of years, a schedule listing the time periods within which applications for final approval of all parts of the PURD are intended to be filed.
K. Elevation drawings showing exterior views and describing the building materials of the proposed structures within the development.
L. A PURD may provide for private streets; however, no private street will be accepted for later dedication to the public use unless these streets are designed and constructed to City standards as approved by the City Engineer.
M. A topographic map or aerial photograph of the site.
(2) Every application for tentative approval shall be delivered to the staff of the Planning Division for its review and report to the Planning Commission. As part of the review, the staff of the Planning Division shall carry out consultations considered necessary on said application with the Fire, Traffic, Public Works and other City or County Departments. The Planning Division staff report shall be forwarded to the applicant not less than five business days before the appointed date of the public hearing.
(3) Along with other information required for submittal for tentative approval, the applicant must provide a written explanation addressing each of the criteria identified in Section 1281.05(c), upon which the Planning Commission will base its recommendation.
(4) Reservation of public open spaces may be required where deemed necessary by the Planning Commission for preservation of historic sites and scenic areas for a particular type of development proposed in a PURD, but not anticipated in the Comprehensive Plan.
(5) Creation of buffer areas may be required by the Planning Commission in areas where they are desirable to separate and protect residential developments from adjacent commercial developments, highways, streets, railroads, or any other use.
(6) It is recommended that an applicant for a PURD consult with the staff of the Planning Division prior to submittal of an application for tentative approval. The applicant is strongly encouraged to meet with the Neighborhood Planning Council for the area in which the project is located, and all neighbors surrounding such project to seek input and resolve any potential conflicts, prior to the public hearing before the Planning Commission.
(7) A report of the comments or any action taken by the Neighborhood Planning Council will be included and made a part of the Planning Division's staff report and analysis prepared for the Planning Commission.
(f) Public Hearing.
(2) Within ninety days after the submission of an application for tentative approval, a public hearing on said application shall be held by the Planning Commission.
(g) Tentative Approval.
A. Grant tentative approval of the plan as submitted;
B. Grant tentative approval subject to specified conditions not included in the plan as submitted; or
C. Deny tentative approval of the plan.
(2) Failure on the part of the Planning Commission to act within the prescribed period of time shall be deemed to be a recommendation to the City Commission to grant tentative approval of the plan as submitted unless the prescribed period of time is extended in writing by the landowner.
(3) In the event tentative approval is recommended to the City Commission, either of the plan as submitted or with conditions, the Planning Commission shall, as part of its recommendation, stipulate the drawings, specifications, comments, easements and conditions and recommend the necessity for a bond to insure completion of required public improvements, and then may stipulate the form and amount of such bond that shall be included with the application for final approval.
(h) Status of Plan After Tentative Approval.
(1) Within five business days after the adoption of the resolution by the City Commission, notice of approval, together with one certified copy of the plan, shall be mailed to the landowner or the landowner's agent by the City Clerk.
(2) Tentative approval of a plan shall be valid for one year from the date of City Commission approval.
(3) In the event that a plan is given tentative approval and thereafter, but prior to final approval, the landowner elects to abandon said plan or shall fail to submit an application or applications for final approval within the required time period, the tentative approval shall be deemed revoked, and such action shall be noted in the records of the City Clerk.
(4) For good cause shown, and upon written application, the City Commission may extend the period of approval for a PURD for a period up to six months. The request for an extension shall be submitted at least thirty days prior to the expiration date of the original approval resolution.
(i) Application for Final Approval.
(1) An application for final approval may be filed for all of the land included in a plan or for part thereof. Said application shall be filed with the Planning Division within one year of the original approval of the tentative plan or any extension thereof. The application shall be submitted not less than thirty days prior to the regular monthly meeting of the Planning Commission at which the application is to be considered. The application shall include such drawings, construction plans, specifications, covenants, easements and conditions and form of bond as were required in the grant of tentative approval. In accordance with the schedule proposed in the application for tentative approval, the landowner may elect to have final approval of only a section or sections of the land included in the plan and may delay, within the time authorized by the tentative approval, application for the final approval of other sections. An application for final approval shall include a nonrefundable fee as identified in the “Fee, Bond and Insurance Schedule,” as adopted from time to time by the City Commission pursuant to Section 802.24 of these Codified Ordinances.
(2) If a plan submitted for final approval is in substantial compliance with the plan given tentative approval, a public hearing on an application for final approval of the plan or section thereof shall not be required.
(3) A plan submitted for final approval shall be considered to be in substantial compliance with the plan given tentative approval, provided that any modification by the landowner of the plan tentatively approved complies with the requirements of Section 1250.01(d) and does not (1) increase the proposed gross residential density or intensity of use more than 10%, provided that the maximum density permitted by the prescribed formula shall not be exceeded; (2) involve a reduction of the area allocated for common open space; (3) increase by more than 10% the floor area proposed for nonresidential use; or (4) increase by more than 5% the total site coverage by buildings.
(4) Prior to consideration of the final plan by the Planning Commission, the Department of Public Works staff shall review the plan and the accompanying construction plans to determine the plan's conformance to engineering specifications and improvements proposed in the tentative plan. Planning Division staff shall also review the final plan and determine its conformance or nonconformance with the lot layout, street design and other proposals contained in the plan granted tentative approval. Both Departments shall certify in writing approval or disapproval of the final plan for consideration by the Planning Commission.
(5) A public hearing need not be held to consider modification in the location and design of streets, water supply facilities, storm water drainage or sanitary sewers.
(6) Although a public hearing shall not be held on an application for final approval of a plan when said plan as submitted for final approval is in substantial compliance with the plan as tentatively approved, the burden shall nevertheless be upon the landowner to show good cause for any variation between the plan as tentatively approved and the plan as submitted for final approval.
(7) When a final plan is in substantial compliance with the tentative plan previously approved by the City Commission, the Planning Commission shall prepare a report on the recommendations to the City Commission. The Secretary of the Planning Commission shall sign the plan indicating the Commission's approval of the same. The signed copies and recommendations shall then be transmitted to the City Commission. A copy of the Planning Commission report shall be retained in the files of the Planning Commission. The City Commission shall review the final plan and report of the Planning Commission at a City Commission meeting held within fourteen days of receipt of the report and recommendation from the Planning Commission, and approve or disapprove the final plan within thirty days.
(8) In the event that the plan as submitted for final approval is not in substantial compliance with the plan as given tentative approval, the staff of the Planning Division shall, within fifteen days of the date the application for final approval is submitted, so notify the landowner in writing, setting out the particular ways in which the plan is not in substantial compliance with the plan as tentatively approved.
(j) Fees. A tentative plan submitted for consideration by the Planning Commission shall include a nonrefundable fee for a special use permit as determined from time to time by the City Commission and set forth in the “Fee, Bond and Insurance Schedule”, pursuant to Section 802.24 of these Codified Ordinances.
(l) Variations.
(1) Variances, exceptions and/or modifications of design and improvement requirements, or dimensional or use standards, may be made by the City Commission in specific cases where it is deemed that conditions justify such variance.
(2) Applications for variances to the design requirements shall be made in writing at the time the tentative plan is filed for consideration with the Planning Division. The application for a variance shall state fully the grounds for the variance and all facts relied upon by the petitioner.
(m) Responsibility for Plans. It shall be the responsibility of the landowner of every proposed PURD to have prepared, by a registered engineer, a complete set of construction plans, including profiles, contours (topography), cross sections, specifications and other supporting data for required public streets, utilities and other facilities, for the area covered within each phase of the development. This requirement is not intended to require complete engineering plans for the entire development prior to receiving final approval; however, no new phase of the development may commence prior to detailed engineering plans being submitted for that phase, nor prior to the Engineering Department granting approval to those plans. All construction plans shall be prepared in accordance with the public improvement standards or specifications set forth in Section 1281.04 Site Plan Review.
(n) Contracts for Public Improvements. The City Commission, before giving approval to the final plan, shall require that a contract with the landowner be drawn up, approved, and signed to ensure performance of the conditions which will lead to the completion of all required public improvements deemed to be necessary.
(o) Performance Bonds and Guarantees of Completion of Improvements.
(1) The City Commission may, as a condition of approval of a PURD, require a cash bond, certified check, a surety bond, an irrevocable letter of credit, or an escrow fund covering the estimated cost of improvements for the completion of each final approved phase of the development. If a bond is required, it shall be in a form approved by the City Attorney, in a sum of 100% of the estimated cost of the work for each phase, and conditioned upon the faithful performance of the work within the time specified. If required, then it shall be deposited at the time of the issuance of the permit authorizing the activity or project. The City may not require the deposit of the performance guarantee until it is prepared to issue the permit. The City shall establish procedures by which a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements shall be made as work progresses.
(2) In the case where the landowner shall fail to complete the required public improvement work within such time period as required by the conditions or guarantee as outlined above, the City Commission may proceed to have such work completed and reimburse itself for the cost thereof by appropriating the cash deposit, certified check or surety bond, or by drawing upon the letter of credit, or escrow fund, or shall take the necessary steps to require performance by the bonding company.
(p) Common Open Spaces.
(1) The amount and location of common open space shall be consistent with the declared function of the common open space as set forth in the application for a PURD and the landowner shall be responsible for the maintenance of the common open space in a manner acceptable to the City. Not less than 25% of the land area in any PURD shall be identified as common open space. Vehicular or pedestrian access shall be provided to all common open space in a manner consistent with the purpose and use of such open space.
(2) The common open space may not be used for buildings, public or private rights-of-way, or required parking for residential units. The common open space shall be designed for the benefit and enjoyment of all residents of the PURD, as well as to protect any environmentally sensitive lands. Not more than 50% of the common open space may consist of land that is difficult to utilize, such as wetlands or steep slopes, defined as greater than or equal to 25% slopes.
(3) The City may for its own interests accept the dedication of common open space within a PURD for public use and benefit; however, the City shall not, as a condition of approval, require that the land proposed for open space be set aside for public use and benefit.
(4) In the event that the common open space is allowed to deteriorate or is not maintained in a condition consistent with the plan as approved by the City, then and in such event the City shall adopt the following course of action:
A. In the event that the landowner, or any successive landowner, shall at any time after establishment of the PURD fail to maintain the common open space in reasonable order and condition in accordance with the plan, the City may serve written notice upon the landowner setting forth the manner in which he or she has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within fifteen days of notification. If just cause is demonstrated, the City may modify the terms of the original notice as to the deficiencies and may grant an extension of fifteen days within which they shall be corrected. If the deficiencies set out in the original notice or in the modifications thereof shall not be corrected within said thirty days or any extension thereof, the City, in order to preserve the taxable values of the properties within the PURD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the landowner. Before the expiration of said year, the City shall, upon its initiative or upon the request of the organization previously responsible for the maintenance of the common open space, call a public hearing, upon notice to such organization, or to the residents of the PURD, to be held by the City, at which hearing such organization or the residents of the PURD shall show cause why such maintenance by the City shall not, at the election of the City, continue for a succeeding year. If the City shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the City shall cease to maintain said common open space at the end of said year. If the City shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the City may, at its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in ensuing years.
B. The cost of such maintenance by the City shall be assessed against the properties within the PURD that have a right of enjoyment of said common open space, and shall become a tax lien on said properties. The City, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice in the office of the City Assessor of such lien upon the properties affected within the PURD.
(q) Recording Prerequisites Planned Unit Residential Developments. No PURD located within the City shall be received or recorded by the County Register of Deeds until it has received final approval and been signed by the Planning Commission and the City Commission.
(r) Penalty.
(1) Whoever violates or fails to comply with the provisions of this chapter is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided by Section 202.98.
(2) Nothing in this section shall preclude or abrogate the availability to the City of any other remedy available at law or in equity to prevent or remedy a violation of any of the provisions of this chapter.
(Ord. 10-2020. Passed 11-24-20; Ord. 12-2023. Passed 10-17-23.)