(A) Intent. Planned unit development (PUD) regulations are intended to provide for various types of land uses planned in a manner which shall foster the use and design of land in accordance with scale and character of the contextual environment; encourage innovation in land use planning; provide enhanced housing, employment, shopping, traffic circulation and recreation opportunities; and, foster crime prevention methods. The provisions of this section provide enabling authority and standards for the submission, review, and approval of applications for planned unit developments.
(B) PUD regulations.
(1) A PUD may be applied for in all districts. The grant of a planned unit development application shall require a special land use designation subject to the recommendation of the Planning Commission and approval of City Council.
(2) Any land use authorized in R-1A, R-1B, R-1C, RM, RM-1, B-1, B-2 and O-1 is permitted as a special land use, subject to design and development standards within this chapter, other applicable codes and regulations, and adequate public health, safety, and welfare features to ensure the compatibility of varied land uses both within and outside the development.
(3) A PUD application must meet the following criteria as a condition to being entitled to PUD treatment:
(a) A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PUD regulations; or
(b) A non-conforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.
(c) The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, streets and utilities.
(d) The proposed development shall be contributed to the public health, safety and welfare of the city.
(e) The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.
(f) The standards set forth in this subchapter are met.
(h) All applicable codes, ordinances and regulations are met.
(i) The proposed development shall be consistent with the goals and policies of the city’s Master Plan.
(C) Procedure for review and action.
(1) Pre-application conference. Prior to the submission of an application for PUD approval, the applicant shall meet with the City Planner, together with any staff and consultants the Director deems appropriate. The applicant shall present at such conference, or conferences, a sketch plan of the proposed development and a data summary sheet with the following information:
(a) Total number of acres in the project;
(b) Number and type of residential units;
(c) Number and type of nonresidential uses;
(d) Number of acres to be occupied by each type of use;
(e) Known deviations from ordinance regulations;
(f) Number of acres to be preserved as usable open and recreation space; and
(g) Number of acres to be preserved as wetlands or other natural features.
(2) Preliminary plan. Following the pre-application conference, the applicant shall submit a preliminary site plan prepared in accordance with the standards set forth in this subchapter and § 155.287, Standards for site plan approval, and § 155.289, Standards for special land use approval. In addition, a narrative report shall be prepared by the applicant that describes the physical and functional components of the project, discuss the market concept and feasibility of the project, and explain the manner in which the criteria set forth have been met.
(a) Planning Commission action. The preliminary plan shall be noticed for public hearing as a special land use before the Planning Commission. Following the hearing, the Commission shall review the preliminary site plan and supporting narrative report and shall take one of the following actions:
1. Approval. Upon finding that the preliminary plan meets the standards set forth in this subchapter and §§ 155.287 and 155.289, the Planning Commission shall grant preliminary approval. Approval shall constitute approval of the uses and design concept as shown on the preliminary plan and shall confer upon the applicant the right to proceed to preparation of the final plan. Approval of the preliminary plan by the Planning Commission shall not bind City Council to approve the final plan.
(3) Final plan. Within six months following receipt of the Planning Commission approval of the preliminary plan, the applicant shall submit a final plan and supporting materials conforming to this subchapter and § 155.286. If a final plan is not submitted by the applicant for final approval within six months following receipt of Planning Commission comments, the preliminary plan approval becomes null and void.
(a) Information required. A final site plan and application for a PUD shall contain the following information:
1. A site plan meeting all requirements of this chapter.
2. A specification of all deviations from this chapter, which would otherwise be applicable to the uses and development, proposed in the absence of the application of this PUD section.
3. A specific schedule of the intended development and construction details, including phasing or timing.
4. A specific schedule of the general improvements to constitute a part of the development, including, without limitation, lighting, signage, methods to reduce noise, utilities, and visual screening features.
5. A specification of the exterior building and landscape materials with respect to the structures proposed in the project.
6. Signatures of all parties having an interest in the property.
(b) Planning Commission action. The final plan shall be noticed for public hearing as a special land use before the Planning Commission, and acted upon by the Planning Commission and City Council.
1. Approval. Upon finding that the final plan meets the criteria and standards set forth in this section the Planning Commission shall recommend approval to the City Council.
2. Tabling. Upon finding that the final plan does not meet the criteria and standards set forth in this section but could meet such criteria if revised, the Planning Commission may delay action until a revised final plan is resubmitted.
3. Denial. Upon finding that the final plan does not meet the criteria and standards set forth in this section, the Planning Commission shall recommend denial to the City Council.
4. The Planning Commission shall, to the extent it deems appropriate, submit detailed recommendations relative to the proposed project including recommendations with respect to matters on which the City Council must exercise discretion.
(c) City Council action. Upon receiving a recommendation from the Planning Commission, City Council shall review the final plan. Taking into consideration the recommendations of the Planning Commission and the criteria and standards set forth in this section, the City Council shall approve, table or deny the final plan. Prior to approval of a final plan, City Council shall require all final plans, supporting documents, standards and conditions of approval to be incorporated in a development agreement. The agreement shall be prepared by the City Attorney, approved by the City Council, and signed by both the city and the applicant.
(D) Project design standards.
(1) General design standards.
(a) Design and development standards set forth in this chapter provide a base for design dimensions. Deviations may be granted as part of the overall approval of the PUD, provided there are features or elements demonstrated by the applicant and deemed adequate by the City Council upon the recommendation of the Planning Commission designed into the project plan for the purpose of achieving the objectives of this section.
(b) There shall be a perimeter setback and berming, as found to be necessary by the city, for the purpose of buffering the development in relation to surrounding properties. Such perimeter setback shall be established at the discretion of the City Council, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.
(c) Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.
(d) There shall be underground installation of utilities, including electricity and telephone, as found necessary by the city.
(e) Pedestrian sidewalks (five feet in width) shall be provided along all public and private streets and separated from vehicular circulation by a landscape strip and street trees.
(f) Signage, lighting, 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 controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.
(g) Where non-residential uses adjoin off-site residentially zoned property, noise reduction and visual screening such as landscape berms or strips or decorative walls shall be employed.
(2) Residential standards.
(a) Dwelling density shall be based on the underlying base zoning district. Additional density for residential uses is permitted, subject to a recommendation by the Planning Commission and approval by the City Council. Such increase shall be based upon review of the standards of this section.
(b) Consistency with the Master Plan;
(c) Relationship to adjacent land uses;
(d) Meet the following design standards;
1. Attached townhome units shall meet the requirements of § 155.121, Townhouses and duplexes, as determined by the Planning Commission, upon recommendation of the City Planner.
2. Buildings shall be built at the same setback as exiting structures on the same block or adjacent to the proposed development.
3. Interior front build-to lines can be reduced to 18 feet of right-of-way line or sidewalk on private streets or ways.
4. Front doors with porches are required. Porches shall be minimally six feet in depth.
5. The front facade shall be composed of at least 75% brick or decorative masonry. Decorative masonry cannot extend above the first floor elevation.
6. Public and private spaces separation and definition by walls, decorative fencing or landscaping is encouraged.
(e) Pedestrian and/or vehicular safety provisions.
(f) Off-street parking in front yards is not permitted.
(g) Blocks shall have a maximum acreage of five acres as delineated by public rights-of-way or sidewalks. Blocks shall be in a grid or modified grid pattern and connected to the abutting street system following principles of good street design.
(h) A minimum of 10% of the gross floor area of dwelling units shall be set aside as usable recreation and open space. Dwelling units shall front such space.
(i) Provisions for the users of the project.
(3) Non-residential standards.
(a) Non-residential uses may be permitted in combination with other non-residential uses or as part of a common development with residential uses.
(b) The non-residential uses, including parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles.
(c) Entry doors shall be located on at least one public street.
(d) Public sidewalks shall be at least ten feet in width on the entry door side of the building.
(e) The primary street facade shall be designed and constructed with at 60% transparent glass.
(f) Off-street parking in the front yard is not permitted.
(g) The City Council upon the recommendation of the Planning Commission shall resolve all ambiguities as to applicable regulations using this chapter, plan, and other city standards or policies as a guide.
(E) Conditions. Reasonable conditions may be required with the approval of a PUD, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner.
(F) Construction and phasing.
(1) Phasing. Each phase of construction, when proposed, shall be capable of standing on its own for pedestrian and vehicular circulation, off-street parking, public services, utilities, facilities, and recreation space. Each phase shall contain the necessary components to ensure protection of the health, safety, and welfare of the residents and users of the PUD and surrounding area. In addition, in developments which include residential and non-residential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the City Council after recommendation from the Planning Commission.
(2) Construction. To ensure completion of required improvements, the city is authorized to impose performance guarantees in accordance with § 155.293, Performance guarantee. Construction shall be commenced within one year following final approval and shall proceed in conformance with the schedule set forth by the applicant as part of the application package. If construction is not commenced within such time, approval shall expire and be null and void. However, an extension for a specified period may be granted by City Council upon good cause shown if such request is made to City Council prior to the expiration of the initial period. If approval has expired, City Council shall require a new application, which may be reviewed in regard to existing code and ordinance provisions.
(G) Effect of approval. When approved, the PUD, with all conditions imposed, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such authorization. Notice of adoption of the final PUD plan and conditions shall be recorded by the applicant at the Wayne County Register of Deeds.
(Ord. 792, passed 12-3-01)