1285.02   CONDITIONS ON THE PLANNED UNIT DEVELOPMENT.
   The Planned Unit Development District, in accordance with the final development plan of the AC Development Planned Unit Development ("the development"), is expressly subject to all of the following terms and conditions:
   (a)   Development Plan Compliance and Review of Phases.
      (1)   The AC Development Planned Unit Development, as submitted by Mr. Gregory Cook and Mr. Daniel Avery, successors and assigns ("the applicant"), shall comply in all respects with the final development plan (the "plan") which consists of a site plan with a last revision date of July 7, 2021, except where the plan has been changed, revised or modified by this chapter. In such cases, the provisions of this chapter shall control.
      (2)   Approval of the plan shall constitute approval only of the overall design and road and utility layout for this property and not approval of any individual building or group of buildings of the plan. The development as illustrated on the plan shall be submitted to the Planning Commission for review under the site plan review requirements of the City of Ionia Zoning Ordinance as appropriate for approval.
      (3)   Site Plan Review. In its review of those portions of the development which require site plan review by the Planning Commission, the Commission may approve minor modifications from the final development plan to that phase of the plan provided the modifications do not result in a significant change to the plan and the modifications still meet the PUD approval standards as contained in the City of Ionia Zoning Ordinance. Changes which are not considered to be minor by the Planning Commission shall be reviewed in the same manner as the original application.
      (4)   Amendments to an Approved Plan. A change to the approved plan of the development may be approved in accordance with Section 1266.06 of the Ionia Zoning Ordinance.
   (b)   Land Uses.
      (1)   The development shall be constructed and used for a maximum total of 12 dwelling units to be constructed as follows: 12 units shall be single-family attached dwellings to be developed as three separate structures of four units each with the applicable regulations of the City of Ionia Zoning Ordinance.
      (2)   The future use of the parcel may include attached single-family residential use. Such use shall be subject to the site plan review requirements of the Ionia Zoning Ordinance and the site development requirements for the proposed use which would normally be imposed by the Zoning Ordinance. The City Council, however, following a recommendation of the PlanningCommission, may modify the site development requirements in accordance with Section 1266.06(e) of the zoning ordinance.
      (3)   Accessory buildings are permitted per Chapter 1248.
   (c)   Lot Area. The minimum area of the lot shall not be less than 5.7 acres or 248,292 square feet with a minimum width of 465 feet as measured at the minimum required front setback line between the side lot lines.
   (d)   Dwelling Unit Setbacks and Height.
      (1)   Each attached dwelling structure shall comply with the following minimum setbacks:
         A.   Front: 70 feet (measured from front property centerline);
         B.   Rear: No setback minimum;
         C.   Minimum side yards: 20 feet and 30 feet, with a combined total of 50 feet;
         D.   Minimum distance between buildings: ten feet.
      (2)   No building shall exceed a height of 25 feet as determined by the City of Ionia Zoning Ordinance.
   (e)   Dwelling Unit Size. All dwellings shall comply with the minimum floor area requirements of the City of Ionia Zoning Ordinance for the type of dwelling unit proposed.
   (f)   Sanitary Sewer and Water Supply. Each dwelling unit in the development shall be served by public water and sanitary sewer systems in accordance with all applicable City of Ionia ordinances.
   (g)   Sidewalks.
      (1)   All sidewalks shall be a minimum of four feet wide and constructed to the specifications of the City of Ionia Municipal Standards Ordinance.
      (2)   The applicant shall provide for the maintenance of all sidewalks and walkways located outside the public street right-of-way.
   (h)   Tree Plantings and Landscaping.
      (1)   Trees shall be planted within the public right-of-way as illustrated on the plan. The
      (2)   Other landscaping as shown on the plan shall be subject to the review and approval of the Planning Commission during the review of each phase.
      (3)   All landscaping shall be maintained according to the landscaping maintenance agreement.
   (i)   Dedicated Open Space.
      (1)   The development shall include open space as shown on the plan. Such areas shall be clearly delineated on the plan as dedicated open space and maintained as open space in perpetuity and no dwellings shall be constructed within this dedicated open space.
      (2)   No improvements, buildings or structures, except as otherwise shown on the plan shall be constructed upon the dedicated open space areas.
      (3)   Documentation to establish and maintain the dedicated open space areas shall be subject to the approval of the City Attorney and such document shall be recorded with the Ionia County Register of Deeds.
      (4)   The applicant shall provide a recorded copy of the dedicated open space document to the City Clerk prior to the issuance of any building permits for the development.
      (5)   All dedicated open space areas shall be completed in conjunction with each phase in which the open space or portion of the open space is located as shown on the plan.
   (j)   Storm Water Management. A storm water management plan shall be provided to ensure that storm water runoff does not have an adverse effect on adjacent or nearby properties. This plan shall be subject to approval of the City Engineer and the Ionia County Drain Commissioner before any earthmoving shall occur on the property. The phasing of the construction of the stormwater management facilities shall be subject to the approval of the City Engineer or the Ionia County Drain Commissioner.
   (k)   Construction Plans. Complete construction plans for all site improvements including but not limited to site grading, storm water drainage, and streets shall be submitted to the City Engineer for approval before any construction commences on site.
   (l)   Signs. Any signs placed at the entrances to the development which state the name of the development shall be permitted in accordance with the requirements of Chapter 1234 of the City of Ionia Zoning Ordinance, in accordance with requirements for signs in residential districts.
   (m)   Time Limitation on the Development. In accordance with Section 1266.08 of the City of Ionia Zoning Ordinance, construction of the AC Development PUD shall commence within one year of the approval by the City Council of the Plan and Zoning Ordinance creating the AC Development PUD District. All other provisions of this Section 1266.08 shall also apply to the development.
(Ord. 557. Passed 10-5-21.)