(A) Established. A district known as the Planned Unit Development District, also referred to as the PUD District, is established.
(B) Purpose. The purpose of the planned unit development is to permit flexibility in the regulation of land development, encourage innovation in land use and variety in design, layout, and type of structures constructed, achieve economy in the use of land, natural resources, energy, and the provision of public services and utilities, encourage useful open space, and provide better housing, employment, and shopping opportunities.
(C) Principal permitted uses. Principal permitted uses within the Planned Unit Development District shall be all uses, accessory uses and mixture of uses as currently regulated under the zoning ordinances of the City of Cheboygan for One-Family Residential Districts (R-1), Two-Family Residential Districts (R-2), Multi-Family Residential Districts (R-M), Local Business Districts (B-1), Tourist Service Districts (T-1) and other uses of similar and no more objectionable character as determined by the City Council after recommendation, pro or con, of the Planning Commission.
(D) Site plan submission. All owners or holders of a lawful option or authorized agents shall file with the Zoning Administrator a proposed site plan and detailed descriptions of structures to be erected in conformance with the provisions of the City of Cheboygan site plan review ordinance, being § 154.045.
(E) Approval standards. Based upon the standards set forth in this division (E), the Planning Commission may recommend denial, approval or approval with conditions, and the City Council may deny, approve or approve with conditions a proposed planned unit development. In making such a decision, the Planning Commission and the City Council shall rely upon the following standards:
(1) The uses proposed within the planned unit development will have a beneficial effect, in terms of public health, safety, welfare or convenience, on present and future potential land uses. The uses shall not adversely affect, in a material manner, the public utility and circulation system, surrounding properties or the environment.
(2) Off-street parking within the planned unit development shall be sufficient to meet the minimum parking required by §§ 154.102 through 154.105; however, if it is deemed necessary in order to achieve the purposes set forth in division (B) of this section, the City Council may require more or less parking than that required by such sections.
(3) All streets and parking areas within the planned unit development shall meet the minimum requirements set forth in city ordinances, unless modified by the City Council to achieve the purposes set forth in division (B) of this section.
(4) Landscaping or screening shall be provided, if necessary, within the planned unit development in order to ensure that the proposed uses will be adequately buffered from one another and from surrounding public and private property.
(5) Effort shall be made to ensure the preservation of natural and architectural features, trees, hedge rows, wood lots and the integrity of the land within the planned unit development.
(6) The site for the planned unit development shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material.
(7) Public water, sewer, and electrical facilities shall be available within the planned unit development or shall be provided by the developer as part of the site development.
(8) The proposed density, setbacks and heights of the planned unit development shall be no different than the density, setbacks and heights which would be required for each of the components uses of the development. However, if it is deemed necessary in order to achieve the purposes set forth in division (B) of this section, the City Council may require greater or lesser density, setbacks or heights within such planned unit development than those required by this section.
(9) Traffic and accessory conditions regulations shall be as follows:
(a) Safe, convenient, uncongested and well-defined vehicular and pedestrian circulation within and to the Planned Unit Development District shall be provided.
(b) Drives and streets shall not be laid out so as to encourage outside traffic to traverse the planned unit development, or to create unnecessary fragmentation of the development into small blocks.
(c) No material impediment to the visibility of automotive traffic, cyclists or pedestrians shall be created or maintained.
(10) All buildings shall conform to the city code and ordinances.
(11) The area of the planned unit development must be a minimum of one acre.
(12) The planned unit development shall comply with current ordinances and regulations relative to storm water flow.
(F) Procedural requirements. Before submitting an application, the applicant shall meet with the Zoning/Planning Director of the City of Cheboygan to review the proposed project, the City of Cheboygan Code of Ordinances, and the city plan. Upon receipt of a planned unit development application and site plan pursuant to division (D), the Zoning Administrator shall transmit the application and plan to the Planning Commission. The Planning Commission shall review the plan at its next regularly scheduled meeting. The Planning Commission may elect to postpone a decision of the plan until its next scheduled meeting if the owner or authorized agent fails to be present or the plan is determined to be incomplete. Should the Planning Commission postpone a decision due to a determination that the plan is incomplete, the Planning Commission shall make a recommendation to the City Council relative to the plan at their next regularly scheduled meeting. If the Planning Commission makes a report of the site plan and application, such report shall be taken into consideration by the City Council in determining whether the proposed planned unit development shall be authorized. The City Council shall hold a public hearing in the same manner and give notice of the hearing as follows:
(1) Publish notice of the request in a newspaper of general circulation in the local unit of government.
(2) Notice shall also be sent by mail or personal delivery to the owners of property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within 300 feet of the property and to the occupants of all structures within 300 feet of the property regardless of whether the property or occupant is located in the zoning jurisdiction.
(3) The notice shall be given not less than 15 days before the date the application will be considered for approval. If the name of the occupant is not known, the term “occupant” may be used in making notification. The notice shall do all of the following:
(a) Describe the nature of the request;
(b) Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such address currently exist within the property. If there are no street addresses, other means of identification may be used;
(c) State when and where the request will be considered; and
(d) Indicate when and where written comments will be received concerning the request.
(G) Rezoning of parcel. Approval of the planned unit development by the City Council shall rezone the property to a planned unit development zoning classification for the uses as shown on the planned unit development application and site plan.
(H) Time for completion of development. Within 18 months of the approval of an application and site plan for a proposed planned unit development, or for a phase of such development, all proposed buildings, parking spaces, landscaping, usable open spaces and amenities included in the site plan shall be started or the Planned Unit Development District will revert to its previous zoning. Work shall be continued in a reasonably diligent manner and completed within three years of the approval by the City Council. Such 18-month and three-year periods may be extended if applied for by the applicant and granted by the City Council in writing following a public notice and public hearing. Failure on the part of the owner to secure the applicable written extension shall result in a stoppage of all construction.
(I) Consequences of approval. After approval of a planned unit development, the parcel to which it pertains shall be developed and used in its entirety only as authorized and described in the resolution approving the planned unit development.
(J) Changes. Minor changes to a previously approved planned unit development site plan may be approved without the necessity of action by the Planning Commission or the City Council if the Zoning Administrator certifies in writing that the proposed revision does not alter the basic design, nor any specified conditions of the site plan as approved by the City Council. Any changes or alterations, other than minor changes as set forth in this division (J), may be made only by following the same procedures as required for the adoption of a planned unit development in the first instance.
(`73 Code, 15.040, § 5.16) (Ord. eff. 8-1-67; Am. Ord. eff. 6-15-82; Am. Ord. eff. 4-19-07; Am. Ord. eff. 6-6-08; Am. Ord. eff. 7-3-08)
Statutory reference:
Planned unit development, see M.C.L.A. § 125.3503