(A)   Intent.
      (1)   Planned unit development (PUD) as authorized by § 4b of the City Zoning Act (Public Act 207 of 1921, as amended) is intended for the following purposes:
         (a)   Encouraging the use of land in the city in accordance with its character and adaptability;
         (b)   Assuring the permanent preservation of open space, and natural resources;
         (c)   Providing recreational facilities within a reasonable distance of all residential developments;
         (d)   Allowing innovation and greater flexibility in the design of residential developments;
         (e)   Ensuring compatibility of design and use between neighboring properties; and
         (f)   Encouraging a less sprawling form of development, thus preserving open space as undeveloped land.
      (2)   The regulations of this section are further intended to preserve a traditional community character to the land use pattern in the city through the creation of small residential areas with open space and less intensive land uses.
      (3)   This section is not intended as a device for avoiding the zoning ordinance of the city, the standards set forth therein, nor the planning concepts upon which the zoning ordinance has been based.
      (4)   These regulations are intended to result in a specific development substantially consistent with zoning ordinance standards, yet allow for modifications from the general standards to insure appropriate, fair and consistent decision making.
      (5)   The PUD District is an overlay district in all residential districts.
   (B)   Definition. For the purposes of this section, a PLANNED UNIT DEVELOPMENT is defined as a predominately single-family residential development in which dwelling units are placed together into one or more groupings within a defined project area.
      (1)   The dwelling units are separated from adjacent properties or other groupings of dwellings by substantial open space that is perpetually protected from development.
      (2)   Commercial uses may be allowed within PUDs of ten acres or more.
   (C)   Criteria for eligibility. To be eligible for PUD consideration, the applicant must present a proposal for residential development that meets each of the following.
      (1)   Substantial benefit. A PUD shall result in a recognizable and substantial benefit, both to the residents of the property and to the overall quality of life in the city. The benefits can be provided through site design elements in excess of the requirements of the ordinance, such as high quality architectural design, extensive landscaping, provide transition areas from adjacent residential land uses, unique site design features, unified access, preservation of woodlands and open space, particularly along major thoroughfares, and buffering development from lakes, rivers, streams and wetlands. This benefit should accrue, in spite of any foreseeable detriments of the proposed development.
      (2)   Project minimum acreage. The minimum size of a PUD shall be five acres of contiguous land. The Planning Commission may consider development of a site less than five acres in area as a PUD, provided that the parallel plan shall be prepared at the existing zoning minimum lot size.
      (3)   Benefit of open space. The proposed development shall provide at least one of the following open space benefits:
         (a)   Natural features. The site contains significant natural assets such as woodlands, individual trees over 12-inch diameter, measured at breast height, rolling topography, significant views, natural drainage way, water bodies, regulated or non-regulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the city to preserve and which might be negatively impacted by conventional residential development. This determination shall be made by the Planning Commission after review of a site analysis plan, prepared by the applicant, that inventories these features. If animal or plant habitats of significant value exist on the site, the Planning Commission, as a condition of approval, may require that the PUD plan to preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas;
         (b)   Facilities for recreation. If the site lacks natural features, the site can qualify if the development will preserve an existing recreation facility or provide useable recreation areas to which all residents of the development shall have reasonable access. The recreational facilities may include a neighborhood park, golf course, passive recreational facilities, soccer fields, ball fields, bike paths or similar facilities which provide a feature of community-wide significance and enhance residential development; and/or
         (c)   Natural amenities. If the site lacks existing natural features, the site can also qualify if the development will create significant woodland features. The creation of significant woodland features shall be considered providing perimeter buffer plantings and interior street tree plantings at a rate of twice what is required by this chapter.
      (4)   Open space assurance. The applicant shall guarantee to the satisfaction of the City Planning Commission that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitment made as part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of the transfer is provided to the city and the land uses continue as approved in the PUD plan.
      (5)   Neighborhood concept. The proposed development shall be designed to create a cohesive community neighborhood through common open space areas for passive or active recreation and resident interaction. All open space areas shall be equally available to all residents of the PUD.
      (6)   Control. The proposed development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed.
      (7)   Density impact.
         (a)   The proposed type and density of use shall not result in an unreasonable increase in the need for or impact to public services, facilities, roads and utilities in relation to the use or uses otherwise permitted by this chapter, and shall not place an unreasonable impact to the subject and/or surrounding land and/or property owners and occupants and/or the natural environment.
         (b)   The Planning Commission may require that the applicant prepare an impact statement documenting the significance of any environmental, traffic or socioeconomic impact resulting from the proposed open space community.
            1.   An unreasonable impact shall be considered an unacceptable significant adverse effect on the quality of the surrounding community and natural environment in comparison to the impacts associated with conventional development.
            2.   The Planning Commission may require that the applicant prepare quantitative comparison of the impacts of conventional development and the PUD plan to assist in making this determination (such as an overlay of conceptual development options to demonstrate the impacts have been minimized to the extent practical).
            3.   If the cumulative impact creates or contributes to a significant problem relative to infrastructure demand or environmental degradation, mitigation shall be provided to alleviate the impacts associated with the PUD.
      (8)   Master plan implementation. The proposed development shall be consistent with and further the implementation of the city master plan.
   (D)   Design standards. A proposed PUD shall comply with the following project design standards:
      (1)   Location. A PUD may be approved within any residential zoning district;
      (2)   Permitted uses. A PUD is generally restricted to single-family detached or attached residential dwellings.
         (a)   Unless modified by the Planning Commission following the standards herein, all dwellings shall meet the yard, lot width, and bulk standards required by § 154.06, except that single-family attached dwellings may have zero side lot lines.
         (b)   If approved by the Planning Commission as a special use a commercial or a multiple family component may be allowed.
      (3)   Dwelling density. The number of dwelling units allowable within a PUD project shall be determined by preparation of a parallel plan.
         (a)   The applicant shall prepare, and present to the Planning Commission for review, a parallel design for the project that is consistent with state, county and city requirements and design criteria for a tentative preliminary plat.
            1.   The parallel plan shall meet all standards for lot size, lot width and setbacks as normally required under § 154.06, public roadway improvements and private parks, and contain an area which conceptually would provide sufficient area for storm water detention.
            2.   Lots in the parallel plan shall provide for storm water detention. Lots in the parallel plan shall provide sufficient building envelope size without impacting wetlands regulated by the State Department of Environmental Quality. This design shall include all information as required by the guidelines adopted by the Planning Commission.
         (b)   The parallel plan is only used to determine allowable density for a PUD project.
         (c)   The Planning Commission shall review the design and determine the number of lots that could be feasibly constructed and be economically viable following the parallel design. This number, as determined by the Planning Commission, shall be the maximum number of dwelling units allowable.
      (4)   Base zoning regulations. Unless specifically waived or modified by the Planning Commission, all requirements for the underlying zoning district, except for minimum lot area are applicable.
      (5)   Regulatory flexibility.
         (a)   To encourage flexibility and creativity consistent with the planned unit development concept, the Planning Commission may grant specific departures from the requirement of the zoning ordinance as a part of the process for the following:
            1.   Yard, lot width, and bulk standards may be modified, provided that the modifications results in enhanced buffering from adjacent land uses or public rights-of-way, or preservation of natural features.
            2.   Standards that apply to entryway features such as decorative gates (non-closing), walls and signs may be modified, provided that the overall entranceway design is reviewed by the Planning Commission and found to be consistent with the proposed planned unit development and the character of the surrounding area in terms of size, materials, color, lighting and landscaping.
         (b)   Any regulation modification shall be approved through a finding by the Planning Commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. Regulatory modifications are not subject to variance approval of the Zoning Board of Appeals (ZBA).
         (c)   No part of a planned unit development plan may be appealed to the ZBA. This provision shall not preclude an individual lot owner from seeking a variance following final approval of the PUD, provided the variance does not involve alterations to open space areas as shown on the approved PUD site plan.
         (c)   A table shall be provided on the site plan which specifically details deviations from the established zoning area, height and setback regulations, off-street parking regulations, general provisions or subdivision regulation which would otherwise be applicable to the uses and development proposed in the absence of this PUD section. This specification should include ordinance provisions from which deviations are sought, and the reasons and mechanisms to be utilized for the purposes of this chapter (§ 154.02).
      (6)   Road standards. All roads shall be built to city requirements, including curb and gutter, and shall be turned over to city ownership upon completion to city satisfaction.
(Ord. 161, passed 12-10-2001)