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(a) Preapplication Conference. Before submitting an application for a PUD, an applicant may meet with the Planning Commission to submit the information regarding a proposed PUD and to confer with the Planning Commission about the proposed application and the PUD.
(b) Application for PUD Approval. An application for PUD rezoning shall be in accordance with the application procedures for rezoning as required by Section 1240.07.
(c) Preliminary Development Plan.
(1) An applicant for PUD rezoning shall submit a site plan in accordance with the requirements for site plan review as set forth in Chapter 1276.
(2) If required by the Planning Commission, the preliminary or final development plan shall include an environmental impact assessment. Such assessment shall describe the effect and impact, whether adverse or otherwise, that the proposed PUD will or may have upon or with respect to the following matters:
A. The lands involved and the adjacent and nearby lands; streams, rivers, wetlands, and the quality and volume of surface and groundwater; wildlife and trees, and other significant vegetation; the effect, if any, on surrounding property values.
B. Population in the immediate area and the City; local school systems; traffic congestion.
C. Additional cost to governmental units and school districts, police and fire protection; storm water drainage; water supply and sewage disposal.
D. Noise, vibration, dust and dirt, litter, smoke, odor, light, and glare.
E. General appearance and character of the area; historic structures and places; archeological site and artifacts.
F. Such other matters as the Planning Commission may request to be included. If requested by the Planning Commission, the environmental impact assessment shall include statements or comments from public agencies or officials concerning those aspects of the proposed land use within their respective responsibilities and jurisdictions.
(d) Review of Preliminary Development Plan. The Planning Commission shall review the preliminary development plan and make recommendations to the applicant regarding the PUD. A copy of the Planning Commission’s recommendations as contained in the minutes of the Planning Commission shall be forwarded to the City Council.
(e) Final Development Plan.
(1) After receiving the recommendations of the Planning Commission on the preliminary development plan, the applicant for PUD rezoning shall submit a final development plan to the Community Development Director in accordance with the requirements for final site plan review as contained in Chapter 1276. Copies of the plan shall be forwarded to the Planning Commission.
(2) The final development plan shall contain all of the information required for final site plan review, unless the same is waived by the Planning Commission as not being reasonably necessary for the consideration of the PUD, plus the following:
A. All of the drawings, narrative, studies, assessments, and other information, and materials comprising the preliminary development plan, including all of the recommendations of the Planning Commission thereon, or if the applicant has not incorporated all of such recommendations, the final development plan shall indicate such fact and shall state the basis or grounds upon which such recommendation has not been included.
B. Projected time for completion of the entire PUD; proposed phasing, if any, of the PUD, and the projected time for completion of each phase.
C. Any other information reasonably required by the Planning Commission in connection with its review of the PUD and consideration of the rezoning of the lands in accordance with the PUD plan.
(f) Public Hearing on Final Development Plan. The Planning Commission shall hold a public hearing on the final development plan and the application for rezoning in accordance with the plan. The public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006 as amended and the other provisions of this section with regard to public notification.
(1) Responsibility for public notice. The City Clerk, or his or her designee, shall be responsible for preparing the content of the public notice, having it published and mailed or delivered as provided in this section.
(2) Notice requirements. Notice of a public hearing on the final development plan and the application for rezoning in accordance with the plan shall be given not less than fifteen days before the date of the public hearing. The notice shall be given as follows:
A. Newspaper notice. The notice shall be published in a newspaper that circulates in the City.
B. Mail and personal notice. The notice shall be sent by first class mail or personal delivery to:
1. The owner of property for which approval is being considered, and the applicant, if different than the owner of the property.
2. Except for rezoning requests that are proposed for eleven (11) or more adjacent parcels, the notice shall be sent to all persons to whom property is assessed within three hundred (300) feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the municipal boundaries of the City. If the name of the occupant is not known, the term "occupant" may be used in making notification. In the case of a single structure containing more than four (4) dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. In structures containing four (4) or fewer dwelling units, only one (1) occupant of each unit must be given notice of the public hearing.
3. All neighborhood organizations, public utility companies, airports, railroads, and other persons, which have requested to receive notice pursuant to this section.
(3) Record of mailing. The City Clerk, or his or her designee, shall prepare an affidavit of mailing which shall include those to whom the notice was mailed and the date of mailing.
(4) Content of notice. The public notice shall:
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 subject property. Street addresses do not need to be created and listed if no such addresses currently exist for the property. If there are no street addresses, other means of identified may be used, such as a tax parcel identification number, identifying the nearest cross streets, or including a map showing the location of the property.
C. Indicate the date, time and place of the public hearing.
D. Include a statement describing when and where written comments will be received concerning the request and a statement that the public may appear at the public hearing in person or by counsel.
(5) Registration to receive notice by mail. Any neighborhood organization, public utility company, railroad or any other person may register with the City Clerk to receive written notice of any public hearing held pursuant to Part Twelve, Planning and Zoning, of the City Code.
(g) Consideration of Final Development Plan by Planning Commission. After a public hearing, the Planning Commission shall make recommendations concerning the final development plan and the modifications in the final development plan, to the City Council. The recommendations of the Planning Commission shall then be transmitted to the City Council.
(h) Standards for Approval. In making a recommendation to approve a PUD, the Planning Commission must find that the proposed PUD meets the following standards:
(1) Granting the PUD rezoning will result in a recognizable and substantial benefit to ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.
(2) The PUD will not result in a significant increase in the need for public services and facilities, will not place a significant burden upon surrounding lands or the natural environment, unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved, and will not result in the creation of significant traffic congestion on City streets or create unsafe or hazardous situations for drivers, bicyclists or pedestrians.
(3) The PUD will be compatible with the Master Plan of the City and consistent with the intent and purposes of this chapter.
(4) The PUD will not result in significant adverse effects upon nearby or adjacent lands, and will not significantly change the essential character of the surrounding area.
(5) A PUD shall be designed and laid out so as to provide for the preservation of natural resources and natural features wherever reasonably possible.
(i) Final Consideration of PUD by City Council. The City Council shall hold a public hearing according to the requirements of Section 1266.05 (f). The City Council shall review the final development plan and the recommendations submitted by the Planning Commission. The City Council shall determine whether the final development plan complies with the standards, conditions, and requirements of this Zoning Code and, in addition, shall determine whether the proposed project promotes the intent and purpose of this Zoning Code; insures that the proposed project will be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the proposed project; and insures that the proposed project will be consistent with the public health, safety and welfare needs of the City. Upon a determination that a proposed project meets such standards, conditions, and requirements, the City Council may approve the final development plan and grant the rezoning request.
(j) Conditions of Approval. The City Council may impose reasonable conditions upon its approval. Such conditions may include conditions necessary to insure that public services and facilities affected by a proposed project will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements.
(1) They shall be designed to protect natural resources, the health, safety and welfare and the social and economic well being of those who will use the proposed project under consideration, residents, and landowners immediately adjacent to the proposed project, and the community as a whole.
(2) They shall be related to the valid exercise of the police power, and the purposes which are affected by the proposed project.
(3) They shall be necessary to meet the intent and purpose of this Zoning Code, be related to the standards established in this Zoning Code for the proposed PUD under consideration, and be necessary to insure compliance with those standards.
The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action, and shall remain unchanged except upon the mutual consent of the City Council and the property owner. The City Council shall maintain a record of conditions which are changed.
(k) Effects of Rezoning. The granting of a planned unit development rezoning application shall require an amendment of this Zoning Code and the Zoning Map. An approval granted under this chapter, including all aspects of the final plan and conditions imposed, shall constitute part of this Zoning Code.
(Ord. 390. Passed 3-6-01; Ord. 443. Passed 1-2-07; Ord. 469. Passed 10-6-09; Ord. 553. Passed 7-6-21.)