Footnotes:
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Editor's note— Ord. No. 00-831, adopted Nov. 8, 2000, amended Article 23.00 in its entirety and enacted similar provisions as set out herein. The former Article 23.00 derived from Ord. No. 93-553, 23.01—23.07, adopted Feb. 2, 1993.
It is the intent of these regulations to permit Planned Unit Development Mixed Use District for the purposes of:
— Encouraging innovation in land use planning and development.
— Achieving a higher quality of development than would otherwise be achieved.
— Encouraging assembly of lots and redevelopment of outdated commercial corridors.
— Encouraging in-fill development on sites that would be difficult to develop according to conventional standards because of the shape, size, abutting development, accessibility, or other features of the site.
— Providing enhanced housing, employment, and shopping opportunities.
— Providing a development of framework that promotes appropriate business activity that significantly improves the economic viability of the City.
— Ensuring compatibility of design and function between neighboring properties.
— Encouraging development that is consistent with the City's Master Plan.
These Planned Unit Development Mixed Use regulations are not intended as a device for ignoring the more specific standards in the Zoning Ordinance, or the planning upon which the standards are based. Rather, these provisions are intended to result in development that is substantially consistent with the zoning standards generally applied to the proposed uses, but allowing for modifications to the general standards to assure a superior quality of development.
(Ord. No. 00-831, 11-8-2000)
To be eligible for Planned Unit Development Mixed Use approval, the applicant must demonstrate that the following criteria will be met:
A. Recognizable and substantial benefit. The Planned Unit Development Mixed Use shall result in a recognizable and substantial benefit to the ultimate users of the project.
B. Minimum frontage and size. The Planned Unit Development Mixed Use shall have minimum frontage of two hundred (200) feet along a public street or road. The minimum size of a parcel that is developed as a Planned Unit Development Mixed Use shall be thirty thousand (30,000) square feet.
C. Availability and capacity of public services. The proposed type and density of use shall not result in an unreasonable increase in the use of public services, facilities, and utilities.
D. Compatibility with the Master Plan. The proposed development shall not have an adverse impact on the Master Plan of the City.
E. Compatibility with the Planned Unit Development Mixed Use intent. The proposed development shall be consistent with the intent and spirit of these regulations, as stated in Section 23.01.
F. Unified control of property. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with the Planned Unit Development Mixed Use regulations. This provision shall not prohibit a transfer of ownership or control, provided that notice of such transfer is given immediately to the city clerk.
(Ord. No. 00-831, 11-8-2000)
Proposed Planned Unit Development Mixed Use shall comply with the following project design standards:
A. Location. A Planned Unit Development Mixed Use may be approved in any location in the City, subject to review and approval as provided herein.
B. Permitted uses. Any land use authorized in this ordinance, except for industrial uses, may be included in a Planned Unit Development Mixed Use as a principal or accessory use, provided that public health, safety, and welfare are not impaired.
C. Applicable base regulations. Unless waived or modified (in accordance with subsection D., the yard and bulk, parking, loading, landscaping, lighting, and other standards for the districts listed below shall generally be applicable for uses proposed as a part of a Planned Unit Development Mixed Use:
1. Single-family residential uses shall comply with the regulations applicable in the S-A and R-B, One Family Residential Districts, Article 10.00
2. Multiple-family residential uses shall comply with the regulations applicable in the R-C, R-D and R-E Multiple Family Residential Districts, Article 12.00.
3. Retail commercial uses shall comply with the regulations applicable in the B-C, General Business District, Article 16.00.
4. Office uses shall comply with the regulations applicable in the O-S, Office, Article 13.00.
5. Mixed uses shall comply with the regulations applicable for each individual use, as outlined above, except that if regulations are inconsistent with each other, the regulations applicable to the most dominant use shall apply.
D. Regulatory flexibility. To encourage flexibility and creativity consistent with the Planned Unit Development Mixed Use concept, departures form the regulations in subsection C.1. above, may be permitted, subject to review and approval by the plan commission and city council. For example, such departures may include modifications to: lot dimensional standards; floor area standards; setback requirements; density standards; parking, loading, and landscaping requirements; and similar requirements. Such modifications may be permitted only if they will result in a higher quality of development than would be possible without the modifications.
E. Residential density. Modifications to the density of residential development may be permitted upon determination that the desired density will not adversely affect water and sewer services, storm water drainage, road capacity, traffic, parks and recreation, fire and police services, schools, character of the area, and any planned public and private improvements in the area.
F. Permitted mix of uses. Where the existing underlying zoning district is residential, nonresidential uses shall be permitted as part of a Planned Unit Development Mixed Use which also contains a residential component, provided that the applicant demonstrates that the residential uses will be predominant. The plan commission shall determine predominance of use after taking into account the following criteria as they apply to each of the proposed uses: amount of traffic generated; hours of operation or use; noise, odors, and overall impact on adjoining uses; land area allocated to each use; and, building area allocated to each use.
G. Open space requirements. Planned Unit Development Mixed Uses containing a residential component shall provide and maintain usable open space at the ratio of three hundred fifty (350) square feet of open space per dwelling unit, provided that each development shall contain a minimum of ten thousand (10,000) square feet of open space. Any pervious land area within the boundaries of the site may be included as required open space, except for the land contained in public or private street rights-of-way.
The required open space shall be set aside by the developer through an irrevocable conveyance, such as a deed restriction or covenant that runs with the land, assuring that the open space will be developed according to the site plan. Such conveyance shall:
1. Provide for the privately-owned open space to be maintained by private property owners with an interest in the open space.
2. Provide maintenance standards and a maintenance schedule.
3. Provide for assessment of the private property owners by the City of Dearborn for the cost of maintenance or the open space in the event that it is inadequately maintained and becomes a public nuisance.
H. Frontage and access. Planned Unit Development Mixed Uses shall front onto a primary major thoroughfare, secondary major thoroughfare, or collector street, as specified in the adopted Master Plan of the City, except where the Planned Unit Development Mixed Use involves reuse or redevelopment of an existing structure which fronts onto a local street.
The nearest edge of any entrance or exit drive shall be located no closer than one hundred (100) feet from any street or road intersection (measured from the nearest intersection right-of-way line).
I. Utilities. All utilities serving a Planned Unit Development Mixed Use, including electric, telephone, and cable television lines, shall be placed underground, wherever feasible.
J. Privacy for dwelling units. The design of a Planned Unit Development Mixed Use shall provide visual and sound privacy for all dwelling units within and surrounding the development. Fences, walks, and landscaping shall be used in the site design to protect the privacy of dwelling units.
K. Emergency access. The configuration of buildings, driveways, and other improvements shall permit convenient and direct emergency vehicle access.
L. Pedestrian and vehicular circulation. A pedestrian circulation system shall be provided that is insulated as completely as possible from the vehicular circulation system. The layout of vehicular and pedestrian circulation routes shall respect the pattern of existing or planned streets sidewalks, and bicycle pathways in the vicinity of the site.
(Ord. No. 00-831, 11-8-2000)
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