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(a) Density. The density for residential uses shall not exceed the density recommended by the City of Ionia Master Plan for the area in which the PUD is to be located. In each case, the maximum density for residential uses shall be determined by the City Council after review by the Planning Commission based on the standards contained in Section 1266.05(i).
(b) Dwelling Unit Computation. The density permitted by the City Council shall be multiplied by the net development area of the site in order to determine the maximum number of dwelling units permitted for the site. The net development area is determined by subtracting the following from the gross or total site area:
(1) The area within existing road rights-of-way.
(2) One-half of the land within the 100-year floodplain.
(3) One-half of areas permanently inundated by water.
(c) Open Space. Each PUD shall contain open space areas equal to a minimum of ten percent of the gross acreage devoted to residential uses in a PUD. The applicant shall provide documentation which demonstrates to the satisfaction of the City Council that such open space areas are preserved and maintained.
For the benefit of the residents of the PUD, the Planning Commission may also require recreational amenities or facilities such as basketball and tennis courts, play structures, bike paths, ball fields and other similar recreational amenities.
(d) Mixed Uses. Residential and non-residential uses may be permitted within the same PUD district upon demonstration to the City Council that such uses meet the intent of this chapter. It shall also be demonstrated that the non-residential uses will not negatively impact the residential uses and that the non-residential uses will be separated and buffered from residential uses in a manner consistent with good land planning principles.
The permitted density for residential uses in a mixed use development shall be determined by the City Council upon recommendation of the Planning Commission.
(e) Applicable Regulations. The City Council, upon the recommendation of the Planning Commission, may modify the lot size, lot width, setbacks, structure height, signs, parking, landscaping, general provisions and other applicable regulations of this Zoning Code. Such waiver or modification shall be based on the application of site planning criteria to achieve integration of the project with the characteristics of the project area. In making these determinations, the criteria considered shall include the following:
(1) Number and type of dwelling units.
(1) Proximity to adjacent existing and future land uses. The extent to which the PUD is buffered from adjacent and nearby existing land uses, by landscaping or other means.
(2) Preservation of existing vegetation or other natural features on site.
(3) Topography on the site.
(4) Provision of public or community water and sanitary sewer.
(5) Appropriateness of the lots as building sites.
(6) Overall design of the project relative to its compatibility with nearby existing or proposed land uses.
(Ord. 390. Passed 3-6-01.)
(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.)
(a) Mutual Consent of Council and Applicant Required. An approved final PUD development plan and any conditions imposed upon final PUD approval shall not be changed except upon the mutual consent of the City Council and the applicant except as otherwise noted below.
(b) Minor Amendments. A minor change may be approved by the Community Development Director in conjunction with the Chair of the Planning Commission who shall notify the Planning Commission of the minor change and that such change does not substantially change the basic design or alter the conditions for the plan by the Commission.
The following items shall be considered as minor changes:
(1) Reduction of the size of any building and/or sign.
(2) Movement of buildings and/or signs by no more than ten feet.
(3) Replacements of plantings approved in the site plan landscape plan with similar types of landscaping.
(4) Changes of building materials to a higher quality.
(5) Changes in floor plans which do not alter the character of the use.
(6) Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.
(7) Changes required or requested by the City for safety reasons.
(8) Changes which will preserve the natural features of the site without changing the basic site layout.
(9) Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the Community Development Director to be not material or significant in relation to the entire site and which the Community Development Director determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.
The Community Development Director may refer any decision regarding any proposed change to an approved site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination as to whether a change is a minor change, or whether or not to refer a change to the Planning Commission for approval, the Community Development Director may consult with the Chairperson of the Planning Commission.
(c) Resubmission. Should the Community Development Director determine that the requested modification to the approved site plan is not minor, resubmission to the Planning Commission for an amendment shall be required and conducted in the same manner as an original application.
(Ord. 390. Passed 3-6-01.)
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