(a) Intent. The intent of the Planned Unit Development ("PUD") District is to permit flexible regulation of land development for a site containing unique natural features which the developer and Township desires to preserve and/or for property in an area adjacent to a major thoroughfare which is undergoing redevelopment. The standards of the PUD District are intended to encourage innovative design and create opportunities which may not be obtainable through more rigid standards within other zoning districts. The PUD District is intended to accommodate developments with potential mixed or varied uses, sites with unusual topography or unique settings within the community and/or on land exhibiting difficult or costly development problems. The PUD District classification is not permitted where this zoning classification is sought primarily to avoid the imposition of standards and requirements of other zoning classifications rather than to achieve the stated purpose above.
(b) Township Board Approval. The Board of Trustees of the Charter Township of Clinton shall review Planning Commission recommendations on all applications for PUD, permit public comment thereon and make final decisions to grant approval, deny approval or grant approval with conditions as provided within the ordinance. No issuance of any zoning certificate or building permit shall occur prior to Township Board approval.
(c) Amendment to Zoning Ordinance. The PUD District shall be deemed to be an amendment to the Zoning Ordinance.
(d) Permitted Uses.
(1) Permitted Principal Uses. Any combination of uses permitted in any residential, office, business, technical research or industrial classification pursuant to this section. No marihuana related uses shall be permitted.
(2) Permitted Accessory Uses. Any use which is accessory to the uses allowed as permitted principle uses.
(e) Eligibility. A PUD may be allowed by the Township Board following a recommendation by the Planning Commission based upon review and consideration of the following applicable criteria:
(1) The subject site shall be a minimum size of one acre of contiguous land. All such land shall be under the control of one owner, or a group of owners. All applications must be made with written authorization of all property owners and any parties to executory purchase agreements, options to purchase, or holding some prospective or beneficial interest in the subject property.
(2) The proposed site contains significant natural or historic features to be preserved through development under the PUD standards, or the PUD will provide a complimentary mixture of uses or housing types with unique, high quality design, and is suitable for the blending of existing and proposed uses.
(3) The PUD District will result in the recognizable and substantial benefit to the ultimate users of the project and to the Township, where such benefit would otherwise be unfeasible or unlikely to be achieved. These benefits shall be demonstrated in terms of the preservation of natural features, unique architecture, extensive landscaping, integration of various site features into a unified development, provision of useful open space and/or shall expand the supply of affordable housing or provision of employment and shopping opportunities.
(4) A finding that the proposed type and density of use shall not result in an unreasonable increase of traffic, use of public services, facilities and utilities; that the natural features of the subject site have the capacity to accommodate the intended development; and that the development shall not place an unreasonable burden upon surrounding land or land owners.
(5) The proposed PUD District shall be consistent with the Master Plan of the Township.
(6) Useable open space and off-street parking shall be furnished at least equal to the minimum requirements for each of the component uses of the PUD District. The Township may require, depending on the configuration and location of the proposed PUD District, more or less useable open space and parking than required otherwise within other provisions of this section.
(7) Landscaping and screening shall be furnished to ensure that the proposed use or uses shall be adequately buffered from one another and from surrounding public and private property. The Township may require more or less landscaping and screening than required otherwise by this section.
(8) Vehicular and pedestrian circulation allowing safe, convenient, uncongested and well defined circulation within and to the PUD District shall be provided.
(f) Approval Procedure.
(1) The PUD District approval involves two phases. The Preliminary Phase involves a review of the conceptual PUD District to determine its suitability for inclusion in the land use and zoning plans of the Township and adoption by the Township as part of the zoning ordinance. The Final Phase shall require detailed site plans for any part of the conceptual PUD Plan prior to the issuance of building permits. The two phases may be combined and considered for approval as a Preliminary and Final PUD Plan.
(2) The Planning Commission may hold an informational meeting where the petitioner presents the proposed PUD Plan. The Planning Commission shall provide the petitioner with its comments within 30 days after holding such a meeting. Notice of the meeting shall be given to the Board of Trustees. No fees shall be charged for said informational meeting.
(3) Petitioner shall submit to the Director of Planning and Community Development sufficient copies of the PUD Plans with review fees following such informational meeting. Copies of plans as submitted shall be distributed to appropriate Township agencies for review and comment to determine the impact of the proposed PUD District upon Township services and surrounding properties and to determine if any additions to or extensions of facilities are necessary for the project.
(4) The Director of Planning and Community Development shall notify the petitioner of questions raised by Township agencies during said review submitting like information to the Planning Commission for its consideration along with a report evaluating the planning aspects of the project and its impact on the present and future development of the Township.
(5) The Planning Commission shall, after holding a public hearing or hearings on the proposed PUD Plan and reviewing reports, make its recommendation to the Township Board upon such plan within 60 days of its date of filing, unless an agreement to extend by petitioner occurs in writing. The Planning Commission may extend this time period for a period not to exceed 30 days each if such extension is necessary for adequate review as a result of materials being considered incomplete by the Director of Planning and Community Development or the Planning Commission. Public hearing notice shall be furnished in the same manner as for rezoning and special land use, including publication in a newspaper of general circulation and notice by mail or personal delivery to owners of property for which approval is considered and to all persons to whom real property is assessed within 300 feet of the property and occupants of all structures within 300 feet of the property.
(6) If the Preliminary Phase or Final Phase of the PUD Plan is rejected by the Planning Commission, reasons for such rejection shall be specified in writing and approved by the Planning Commission.
(7) The Planning Commission's recommendations and reports shall be submitted to the Township Board for its consideration. The Township Board shall, after allowing public comment on the Preliminary Phase and Final Phase PUD Plan, take final action on said plan and petition within 90 days from the date they receive a report from the Planning Commission or such reasonable extension of time as determined necessary for adequate review by the Township Board as a result of incomplete information being submitted, modifications proposed or delay in the submittal of additional information for consideration.
(8) Any conditions of approval required by the Township Board shall be satisfied by petitioner, owner, or other parties submitting the application prior to subsequent Final Phase site plan approval and prior to the issuance of any building permits and the commencement of any work on the subject property. The Township Clerk and Department of Planning and Community Development each shall keep a special record of all approved PUD Plans and approved conditions.
(9) Approval of the Preliminary Phase PUD Plan by the Township Board shall rezone the property to a "PUD" zoning classification for uses as shown on the PUD Plan and shall confer upon the owner the right to proceed through the subsequent Planning Phase in accordance with regulations and ordinances in effect at the time of the Township Board's approval for a period not to exceed 18 months from the date of approval, unless subsequent regulations or ordinances are specifically made applicable to developments which have been so approved. If final phase PUD Plans have not been submitted for approval before the termination of the aforesaid 18 month period, subsequent site planning must conform to the regulations, ordinances and laws in effect at the time such site plan is submitted upon request of the petitioner. The Township Board may extend the approval for a maximum of an additional 18 months. Any such extension shall be granted only if existing site conditions have not substantially changed, and provided further that there are no revisions to the PUD Plan. If, after the 18 month extension a building permit has still not been issued, the petitioner must resubmit the PUD Plan for normal review as provided herein.
(10) An approved PUD District runs with the land, not with the owner. If the land is sold or otherwise exchanged, the approved PUD District shall remain in effect, unless a petitioner submits and is granted a request to amend or terminate the PUD District.
(g) Preliminary Phase PUD Plan. The petitioner shall prepare and submit the following to the Planning Director:
(1) All information in a preliminary form that is required for a site plan pursuant to this section.
(2) Copies of elevation plans, photographs of proposed exterior finished materials and materials specification documents.
(3) A list of anticipated deviations from standard zoning regulations which would otherwise be applicable.
(4) The petitioner shall present material as to the PUD District's objectives and purposes to be served; its economic feasibility; its conformity to plans and policies of the Township; market needs; impact on schools, utilities and circulation facilities; impact on natural resources; impact on the general area and adjacent properties; and estimated costs. The petitioner shall present a staging plan showing the general time schedule of, and expected completion dates of, various elements of the Plan.
(5) Any other information which the Planning Commission or Township Board requires to determine if the proposed Preliminary Phase PUD Plan meets the eligibility criteria which may include but is not limited to building elevations, floor plans, sign plans and traffic studies.
(6) Copies of all signs, photographs of proposed signs, sign specifications and details, lighting and illumination details, scaled elevation plans with signs situated on the Plan and scaled site plans for signs situated on the Plan.
(7) Floor plans with details showing physical characteristics and structures.
(h) Final Phase PUD Plan. For each Final Phase PUD Plan, the petitioner shall submit the following to the Planning Director:
(1) All information required for a site plan pursuant to the zoning ordinance.
(2) All the materials in final form consistent with the Preliminary Phase PUD Plan.
(3) A detailed rendering indicating the three dimensional character of the proposal. All applications shall include all photographs of all sides of any existing buildings. Any additional graphics or written materials requested by the Planning Commission or Township Board or Planning Director to assist the Township in visualizing and understanding the proposal.
(4) Approval of the Final Phase PUD Plan shall be conditioned upon execution of the development agreement which secures completion of all public and private improvements shown on the PUD Plan and describes how conditions required as part of the PUD approval are to be met.
(5) The approved Final Phase PUD Plan shall entitle the owner to apply for building permits and engineering.
(6) The proposed PUD District and all proposed improvements, including but not limited to parking spaces, landscaping, open spaces and amenities, must be started within three years of the establishment of the PUD District and work must be continued in a reasonably diligent manner and completed within five years of the establishment of the PUD District. Said five year period may be extended if applied for by the petitioner and granted by the Township Board in writing following public notices and a public hearing. Failure on the part of the owner to secure the enrichment shall result in the stoppage of all construction.
(i) Minor Amendments to Final Phase PUD Plan. Minor alterations or revisions to a previously approved Final Phase PUD Plan may be approved by the Township Board after review by the Planning Director, Fire Chief, Building Director, Director of Public Works, City Engineer and Police Chief. Each Department must certify in writing that the proposed revisions meet all requirements of this section and that they constitute a minor alteration which does not alter basic design nor any specific conditions of the PUD Plan as agreed upon by the developer and Township Board. The Planning Director shall record all such alterations and revisions on the original Final Phase PUD Plan and advise the Planning Commission of all said minor revisions. Such revisions shall be filed and maintained by the Township Clerk and the Department of Planning and Community Development. Minor alterations or revisions shall include but not be limited to:
(1) Changes in building height which do not add new floor area.
(2) Relocation of sidewalks, if any.
(3) Rearrangement of parking lots and driveways.
(4) Decrease in building size.
(5) Moving a building not more than 20 feet or 20% of the distance to the closest property line (whichever is smaller).
(6) Other proposed amendments must follow the approval procedure for a new PUD Plan.
(Ord. 260-A-477. Passed 6-17-19.)