(A) Purpose. The purpose of this section is to offer an alternative to traditional development by providing the opportunity to mix compatible uses or residential types through coordinated development, as authorized by § 16(c) of the Township Zoning Act (Public Act 184 of 1943, being M.C.L.A. §§ 125.321 through 125.333, as amended). It is the intent of the Planned Unit Development District to promote and encourage development on parcels of land which are suitable in size, location and character for the uses and structures proposed while ensuring compatibility with adjacent land uses.
(1) The PUD Zoning District standards are provided as a design option to permit flexibility in the regulation of land development; to encourage innovation in land use in terms of variety, design, layout and type of structures constructed; to preserve and protect significant natural features and open space; to promote efficient provision of public services and utilities; to minimize adverse traffic impacts; to provide adequate housing and employment; to encourage development of convenient recreational facilities; and to encourage the use and improvement of existing sites.
(2) A Planned Unit Development District must be consistent with the Charter Township of Clayton Master Land Use Plan and in accordance with the purpose of the zoning regulations contained in this chapter.
(B) Qualifying conditions. The following conditions shall apply to all Planned Unit Development Districts:
(1) Unified control. The Planned Unit Development District shall be under the control of 1 owner or group of owners and shall be capable of being planned and developed as 1 integral unit.
(2) Size. A minimum size of 10 acres of contiguous land.
(3) Recognizable benefits. The benefits of a PUD District can be provided through site design elements in excess of the requirements of this chapter, such as: unique site design features; high quality architectural design; extensive landscaping; efficient consolidation of poorly dimensioned parcels; sensitivity to adjacent residential land uses; unified access; and the preservation of open space and significant natural features, including the natural topography, woodlands, wetlands, drains, creeks and streams. The proposed development shall provide at least 1 of the following benefits:
(a) Significant natural assets. The site contains significant natural assets such as woodlands, rolling topography with grades exceeding 15%, significant views, natural drainage ways, water bodies, floodplains, regulated or nonregulated wetlands, or natural corridors that connect quality wildlife habitats;
(b) Recreation facilities. If the site lacks natural features, it can qualify if the development will preserve an existing recreation facility or provide new recreation facilities to which all residents of the development shall have reasonable access. Such recreation facilities include areas such as a neighborhood park, golf course, passive recreational facilities, soccer fields, ball fields, bikepaths or similar facilities which provide a feature of community-wide significance and enhance residential development; or
(c) Mixed use. A site can qualify if the development will provide a complementary and integrated mixture of uses, residential densities and/or housing types. A mixed use project shall be considered a project which proposes a combination of single-family detached and multiple-family housing or a mixture of compatible residential, commercial and industrial uses.
(4) Public utilities. All uses within the PUD District shall be served by public water and sewer systems.
(C) Types of PUD Districts. A property meeting the qualifying conditions may be rezoned to an appropriate PUD District, based on the standards shown in the following table and appropriate standards contained elsewhere in this zoning chapter. The PUD district designation shall be noted in the application, and on the official zoning map upon approval.
PUD District | Permitted Uses | Special Land Uses | Additional Provisions |
RPUD Residential Planned Unit Development | One or more types of residential uses; cluster housing developments; and open space | Special land uses of the underlying zoning district | Maximum density, minimum floor area and maximum height shall comply with the Dimensional Standards of the underlying zoning district, but the lot area, setback and width requirements may be reduced by up to 20% with the resultant area preserved as useable open space. The overall density may be increased by up to 10% for sites of at least 100 acres where the Planning Commission determines significant natural resources and open space will be preserved in a natural state in comparison with a conventional plan, and the project offers numerous recreational and design amenities |
PUD Mixed Use Planned Unit Development | A mixture of public, residential, commercial, recreational and/or open space uses | Special land uses of the zoning districts applicable to each PUD component | |
PID Planned Industrial Park | Uses permitted in the Industrial and Office Districts | Special land uses of the Industrial and Office Districts |
(D) Area and bulk regulations. The height, bulk and area conditions set forth in § 152.100 shall be used as guidelines for the use areas set forth in the PUD plan. However, to encourage flexibility and creativity consistent with the intent of the PUD regulations, the Planning Commission may permit specific departures from the requirements of this chapter for yards and lots as a part of the approval process. Any regulatory 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.
(E) Development regulations.
(1) Architectural and site design standards.
(a) Residential architecture. Residential façades shall not be dominated by garages; at least 40% of residential units shall have side entry garages or recessed garages where the front of the garage is at least 5 feet behind the front line of the living portion of the principal dwelling. The intent of encouraging recessed or side entry garages is to enhance the aesthetic appearance of the development and minimize the aesthetic impact resulting from the close clustering of units allowed under these regulations.
(b) Nonresidential architecture. Nonresidential buildings shall provide distinct and prominent architectural features that create a positive visual landmark. Walls facing the street shall include windows and architectural features customarily found on the front façade of a building, such as awnings, cornice work, edge detailing or other decorative finish materials. Blank walls shall not face the street. Single-story buildings shall have pitched roofs. Flat roofs shall be allowed on nonresidential 2-story buildings, provided the roof is enclosed by parapets and a decorative cornice.
(c) Site elements. Signs, lighting, entryway features, landscaping, building materials for the exterior of all structures, and other features of the project shall be designed and completed with the objective of achieving an integrated and cohesive development, consistent with the character of the community, surrounding development and natural features of the area.
(d) Landscaping.
1. Landscaping shall meet standards contained in § 152.078, the subdivision regulations and other applicable township ordinances:
2. Detention areas. Detention areas may comprise up to 25% of the required open space only if designed to provide a natural appearance such as slopes no greater than 6:1, variable shape, natural arrangement of landscape materials, aerated fountains, and use of boulder accent walls or other similar design features.
(e) Transition areas. Where a PUD District abuts a residential district, a transition area must be provided as determined by the Planning Commission. The Planning Commission shall determine whether landscaping, a wall, a berm or a combination of these improvements are needed to attain the intended screening based on use, setbacks, topography and existing features.
(f) Parking lots.
1. Parking requirement. The number and dimensions of off-street parking shall be sufficient to meet the minimum required by the ordinances of the township. However, where warranted by overlapping or shared parking arrangements, the Planning Commission may reduce the required number of parking spaces by up to 20%.
2. Parking lot islands. Parking lot islands shall be curbed and be at least 100 square feet in area. Islands within parking lots having less than 100 spaces may be a minimum of 10 feet in width; parking areas with more than 100 spaces shall have islands at least 20 feet in width. The depth of the island shall be 2 feet shorter than an adjacent parking space.
3. Parking lot trees. Landscaping shall be provided within parking lot landscape islands or surrounding the parking lot at a rate of 1 deciduous tree for every 8 parking spaces. Only shrubs, grass or other living ground cover shall be used to supplement trees within parking lot islands.
(g) Lighting.
1. Ornamental lighting. The Planning Commission may require a consistent type of pedestrian scale ornamental lighting along all streets and sidewalks and within any off-street parking lots.
2. Limitations on intensity. Exterior lighting shall be restrained and excessive brightness avoided to help ensure compatibility with adjacent land uses. All lighting shall be limited to 20 feet in height. The intensity of light fixtures shall be limited to 250 watts. Any lighting other than ornamental street lights shall be downward-directed cut-off type fixtures. Floodlight type fixtures shall not be permitted except for building accent and sign lighting approved by the Planning Commission.
(h) Signs. Unless otherwise provided in the PUD development agreement, signs shall comply with the standards of §§ 152.085 through 152.094, provided sign types and materials shall be a consistent with the overall architectural design of the PUD, and all freestanding signs shall be monument type with a base to match the building materials and landscaping around the sign integrated into the overall landscape plan. The Planning Commission may approve an additional sign or height and an area increase of up to 10% if the sign is integrated with an architectural or landscape feature. Wall and monument signs shall be channel-cut letters on nonilluminated background panels. Temporary window signs shall be prohibited for commercial uses.
(i) Access.
1. Access shall be limited to 1 major entrance along any arterial road. Additional access points shall only be considered if spaced at least 500 feet apart and a traffic impact study by the applicant’s qualified consultant and approved by the township and road agency demonstrates overall traffic operations and safety will be improved.
2. Access points shall be at least 600 feet from the intersection of arterial roadways or interchange ramps, provided the spacing may modified by the township, with input from road agency staff, to minimize conflicts with traffic operations at intersections or existing access points, or to meet signal spacing standards if it is determined the access may require signalization.
3. Interior drives shall provide circulation between uses.
4. Additional right-of-way shall be provided to accommodate improvements to the existing arterial roadway system that are planned or required to mitigate traffic associated with the PUD.
(F) Approval procedure.
(1) Qualification and conceptual plan (PUD plan).
(a) Any applicant interested in pursuing a PUD development may request an optional pre-application meeting with township staff, township consultants and appropriate agency representatives to review the proposed development.
(b) Prior to submitting an application, the applicant may conduct an introductory meeting with the Township Board to present the concept plan for informal comment. This session may occur at a joint meeting of the Planning Commission and Board of Trustees.
(c) The following information shall be submitted to the Township Building and Planning Administrator in accordance with § 152.135 as part of the PUD qualification and conceptual PUD plan:
1. Application form and review fee;
2. Proof of ownership and sworn statement indicating the date of acquisition of the parcel by the present landowner, or authorization from the landowner to submit the proposal for review;
3. Impact assessment and traffic impact study;
4. Documentation and a concept plan (PUD plan) (scale not smaller than 1 inch equals 200 hundred feet) indicating how the criteria for qualification for the specific development option are or shall be met. The concept plan shall illustrate the location of intended land uses; building footprints or lots; the relationship between land use areas; type and density of dwelling units; type and layout of pedestrian and nonmotorized facilities; layout of streets, roads, drives and parking areas; an indication of whether public or private roads are intended; open space areas; general landscaping plans; indication of natural features to be preserved; description of the transition technique provided adjacent to existing single-family developments or residentially zoned areas; location and types of recreational facilities proposed; general stormwater management facilities; and conceptual layout for sanitary sewer and public water;
5. A site analysis map (scale: not smaller than 1 inch equals 200 feet) illustrating existing woodlands and trees, wetland boundaries (documentation by a qualified wetland consultant may be required); water bodies; natural drainage patterns (shown with arrows); sight distance limitations; driveways and intersections on both sides of the street within 250 feet of any locations; description of general soil conditions based on the U.S. Soil Conservation Service Soil Survey of Genesee County; unbuildable areas due to site conditions; existing buildings and structures; existing easements and rights-of-way; and adjacent land uses. The site analysis map shall be drawn with a contour interval no greater than 2 feet with general topography shown 100 feet into adjacent lands;
6. A development plan under current zoning ordinance standards at the same scale as the PUD concept plan and site analysis, showing the development possible based on the current zoning district standards used to determine density and dimensional standards and all other applicable design standards;
7. A table which details all deviations from the established zoning district uses; area, height and setback requirements; off-street parking regulations; general provisions; or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PUD section. The table shall clearly identity the allowed regulation in comparison to the requested deviation;
8. The Planning Commission or Township Board may request a market study or fiscal impact analysis be provided by the applicant at the applicant’s expense to demonstrate support for 1 or more of the uses proposed or evaluate the financial impact on the township; and
9. A draft PUD development agreement that describes the project, any approved deviations from the zoning ordinance, and public improvements agreed to by the developer, specific requirements or landscaping and other obligations of either party. The draft agreement shall be reviewed by the Township Attorney and approved by the Board prior to final approval.
(d) The Planning Commission shall review the development request, offer comments and set a public hearing date.
(e) The applicant is also encouraged to meet with neighborhood associations and land owners prior to the Planning Commission public hearing on the proposed project.
(f) The Planning Commission shall conduct a public hearing on the proposal after notice given.
(g) Following the public hearing, the Planning Commission shall report its findings and make its recommendation to the Township Board. The Planning Commission recommendation shall be based on the following:
1. Whether the proposal meets the criteria for qualification of the PUD and promotes the land use goals and objectives of the Township Master Plan;
2. Whether all applicable provisions of this section and this chapter shall be met. If any provision of this section shall be in conflict with the provisions of any other section of this chapter, the provisions of this section shall apply to the lands embraced within PUD;
3. Whether there is, or will be at the time of development, adequate facilities to accommodate the sanitary sewage, stormwater, solid waste, water supply needs and traffic generated by the proposed project; and
4. Whether it has been demonstrated that the PUD concept plan preserves key natural features and is preferable to a traditional development plan.
(h) If any new information or changes to the concept plan or development agreement were a condition of an approval recommendation, revised information shall be submitted for review prior to distribution to the Township Board.
(i) The recommendation of the Planning Commission shall be forwarded to the Township Board. The Board shall also receive additional copies of the application, with appropriate review fees. Upon receipt of the report and recommendation of the Planning Commission, the Township Board shall review all findings and shall, by resolution, either approve or disapprove of the request. Approval shall be granted only upon the Township Board determining that all provisions of this chapter have been met and that the proposed development will not adversely affect the public health, safety and welfare.
(j) If the Township Board approves the PUD plan, the rezoning shall be concurrent with this approval. The applicant shall then submit a final development agreement stating the conditions upon which approval is based, for review and approval by the Township Attorney. This agreement, after review by the Planning Commission and approval by the Township Board, shall be entered into between the township and the applicant and be recorded with the Genesee County Register of Deeds at the expense of the applicant. Approval shall be effective upon recording. The agreement shall provide:
1. A survey of the acreage comprising the proposed development;
2. The manner of ownership of the developed land;
3. The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space;
4. Provision assuring that those open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose. The township may require conveyances or other documents to be placed in escrow to accomplish this;
5. Satisfactory provisions have been made to provide for the future financing of any improvements shown on the plan for site improvements, open space areas and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the Township Board;
6. The cost of installing and maintaining all streets and the necessary utilities has been assured by a means satisfactory to the Township Board;
7. Provisions to ensure adequate protection of natural features; and
8. The PUD plan shall be incorporated by reference and attached as an exhibit.
(2) Submission of site plans or subdivision plans to the Planning Commission.
(a) Preliminary and final site plans shall be submitted in accordance with §§ 152.131et seq. or preliminary subdivision plan in accordance with §§ 151.020 through 151.029 of the Land Division chapter for an area embraced within the PUD District within 2 years following approval of the concept plan (PUD plan) by the Township Board. If preliminary and final site plans or preliminary subdivision plans for at least the first phase of the project are not submitted and approved during this 2- year period, the right to develop under the approved concept plan shall terminate and a new application must then be filed and processed.
(b) In reviewing site plans and subdivision plans, the following standards shall apply:
1. Site plans or subdivision plats shall be in substantial conformance with the approved PUD plan;
2. Each site plan or subdivision plat shall either individually or in combination with previously approved contiguous project areas, meet the standards of this section and the approved plan regarding layout, density, open space and land use;
3. Each plan submission shall include a map illustrating the site or phase in relation to previously approved plans and the overall PUD plan; and
4. Any amendment requested to the agreement approved by the Township Board shall be submitted for review by the Township Attorney and approved by the Township Board.
(3) Phasing. In the development of the PUD District, the area devoted to residential development under construction shall be at least in the same proportion to the percentage of area being developed with nonresidential development, unless a different phasing is approved by the township.
(4) Extensions. Approval of the PUD plan shall be effective for a period of 2 years. Further submittals under the procedures for the above development options shall be accepted for review upon a showing of substantial progress in development of previously approved phases, or upon a showing of good cause for not having made such progress. The expiration and extensions for site plan shall be in accordance with §§ 152.131et seq.
(5) Amendments and deviations from approved plans. Approval of the concept plan and site plans confers upon the Township Zoning and Building Administrator the authority to approve certain minor deviations when an applicant or landowner who was granted final site plan approval notifies the Zoning and Building Administrator of the proposed amendment to the approved site plan in writing, accompanied by a site plan illustrating the proposed change. The request shall be received prior to initiation of any construction in conflict with the approved PUD plan.
(a) Procedure. Within 14 days of receipt of a request to amend the final site plan, the Zoning and Building Administrator shall determine whether the change is major, warranting review by the Planning Commission, or minor, allowing administrative approval, as noted below.
(b) Minor changes. The Zoning and Building Administrator may approve the proposed revision upon finding the change would not alter the approved design or provisions of the agreement, would not reduce the area devoted to open space, and all applicable zoning ordinance regulations will be met. The Zoning and Building Administrator shall inform the Planning Commission of such approval in writing. The Zoning and Building Administrator shall consider the following when determining a change to be minor:
1. For residential buildings, the square footage of structures may be reduced by 3%; or increased by 3%, provided the overall density of units does not increase, the minimum square footage and parking requirements are met and the building(s) do not extend into any required open space or required setbacks;
2. Gross floor area of nonresidential buildings may be decreased; or increased by up to 3% or 2,000 square feet, whichever is smaller, provided parking requirements are met and the building does not extend into any required setback or open space;
3. Floor plans may be changed if consistent with the character of the use;
4. Relocation of a building by up to 5 feet, if consistent with required setbacks, open space and other standards;
5. Height of buildings may be lowered;
6. Designated woodlands or areas not to be disturbed may be increased;
7. Plantings on the approved landscape plan may be replaced by similar types of landscaping on a 1-to-1 or greater basis. Any regulated trees lost during construction shall be replaced on a caliper-per-caliper basis on the site;
8. Improvements or slight relocation of site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing or pedestrian/bicycle paths, with documentation from Genesee County, where appropriate;
9. Changes of building materials to another of higher quality, or a slight change in the color of the exterior material, as determined by the Zoning and Building Administrator;
10. Grade change of up to 1 foot, reviewed by the Township Engineer;
11. Modification of entry design, sign placement or reduction in size of signage, which is consistent with the intent of this section and the approved PUD plan;
12. Internal rearrangement of parking lots which does not affect the number of parking spaces or alter access locations or design;
13. Changes to the location of accessory buildings and structures only when the new location will be consistent with the building envelope identified on the approved plan; and/or
14. Changes required or requested by the township, county or state for safety reasons.
(c) Major changes. Where the Zoning and Building Administrator determines a requested amendment to the approved site plan is major, resubmittal to the Planning Commission shall be required. Should the Planning Commission determine that the modifications are inconsistent with the PUD plan a revised conceptual PUD plan shall be submitted according to the procedures outlined in this section.
(d) In general. In all cases, a change in use to a more intensive use than approved in the PUD plan shall be considered major and require resubmission of a PUD concept plan.
(6) Fees. Fees for review of plans shall be established by resolution of the Township Board. Costs for the review of plans, studies and the like as required by the Planning Commission or Township Board shall be the responsibility of the applicant and shall be paid in advance of any review.
(7) Appeals, modifications and variances. Modifications to the amount of open space, setbacks, minimum lot area and other design standards for an approved PUD project are not subject to variance approval of the Zoning Board of Appeals until the project or phase is completed; such modifications shall be processed as a major or minor change as described in division (5) above. An exception however, is that once a home has been occupied, an individual homeowner may request a dimensional variance from the Zoning Board of Appeals as outlined in §§ 152.165 through 152.167, provided the common open space and other conditions of approval are not affected. The Zoning Board of Appeals shall not have the authority to interpret compliance with the standards herein nor with the written development agreement; that authority lies solely with the Board of Trustees.
(8) Violations. A violation of a plan or agreement shall be considered a violation of this chapter. Further, any such deviation shall invalidate the PUD District designation.
(Ord. Art. XX, passed 5-22-1997; Am. Ord. 389, passed 1-27-2000; Am. Ord. 424, passed 12-14-2006) Penalty, see § 152.999