The application process for a planned unit development involves a two (2)-step process including a pre-application conference and final site plan review by the Planning Commission and recommendation to City Council. The following procedure shall be followed when applying for planned unit development approval:
(a) Pre-Application Meeting.
In order to facilitate review of a planned unit development proposal in a timely manner, the applicant may request an informal pre-application meeting as outlined in Section 1296.01(d)(1)A. The purpose of such a conference is to provide information and guidance to the applicant that will assist in preparation of the application and supporting materials. For planned unit development proposals located within the boundaries of the DDA, a pre-application meeting is required as outlined in Section 1296.01(d)(1)B.
The applicant shall present at such a conference or conferences, at minimum, a conceptual plan of the proposed planned development, plus a legal description of the property in question; the total number of acres in the project; a statement of the approximate number of residential units and the approximate number of acres to be occupied by each type of use; the number of acres to be preserved as open or recreational space; and, all known natural resources and natural features to be preserved.
No formal action shall be taken at a pre-application conference. At any time during the course of preparation of plans prior to submission of a formal application, the City shall upon request provide information concerning Zoning Code procedures and standards.
(b) Planning Commission Review. Planned unit development projects shall undergo a two (2)-step plan review and approval process by the Planning Commission, preliminary and final review, with a final decision by City Council.
(1) Preliminary PUD review. Planned unit development projects are required to undergo a preliminary review process by the Planning Commission in order to facilitate a complete and thorough review prior to final approval. This requirement is deemed necessary because planned unit development projects are generally large or complex projects with higher intensity development that could have a major impact on surrounding land uses and significantly affect the health, safety and general welfare of City residents. The information required for preliminary review shall be provided according to the requirements of subsection (g) below and Section 1296.01(f).
(2) Final PUD review. Upon completion of the preliminary review, a final PUD application, plan and draft planned unit development agreement shall be submitted to the Building Superintendent for review by the Planning Commission. The final planned unit development site plan shall include all the information outlined in subsection (h) below and Section 1296.01(f) and shall include the preliminary plan.
A public hearing on the final planned unit development shall be held by the Planning Commission. Notice of the hearing date shall be in the form of one (1) notice published in a newspaper of general circulation in the City, plus a notice sent by mail or by personal delivery to owners of property for which approval is being considered, to all persons for whom real property is within three hundred (300) feet regardless of whether the property or occupant is located in the zoning jurisdiction. The notice shall be given not less than fifteen (15) days prior to the hearing date. If the name of the occupant is not known, the term "occupant" may be used in making notification.
After the public hearing, the Planning Commission shall make a recommendation to City Council of approval, approval with modifications or conditions or denial of the planned unit development, as represented by the final planned unit development plan and accompanying materials. The Planning Commission shall prepare a report stating its conclusions on the planned unit development request, the basis for its recommendation, the recommendation, and any conditions relating to an affirmative recommendation.
(c) City Council Review. Following receipt of the Planning Commission's report and approved meeting minutes, the application shall be placed on the City Council's next available meeting agenda. The City Council shall review the final plan and proposed planned unit development agreement, together with the findings of the Planning Commission and the approved Planning Commission minutes, and, reports and recommendations from consultants and other reviewing agencies. Following completion of its review, the City Council shall approve, approve with conditions, or deny a planned unit development proposal in accordance with the guidelines described previously in this chapter. However, if the City Council determines that there is additional information needed to make a decision, and the developer is willing to provide such information, then the Council may table the case to a subsequent meeting and/or remand the case to the Planning Commission for further review. Planned unit development approval results in an amendment to the Zoning Code, and a notice of adoption shall be posted pursuant to the requirements of the Michigan Zoning Enabling Act, PA 110 of 2006, as amended, Section 202. If a plan is approved subject to conditions, then all such conditions shall be addressed prior to execution of the planned development agreement. Denial of a final plan by the City Council terminates the approval process.
(1) Planned development agreement. If the City Council approves the planned unit development proposal, the City and applicant shall execute the planned unit development agreement, which shall be recorded in the office of the Wayne County Register of Deeds. Final approval of the planned unit development plan shall become effective upon recording of the agreement evidence of the recorded agreement shall be submitted to the City, whereupon the designation on the Zoning Map will be changed to "PUD."
(2) Effect of approval.
A. Approval of a planned unit development proposal shall constitute an amendment to the Zoning Code. All improvements and use of the site shall be in conformity with the planned development amendment and any conditions imposed. Notice of the adoption of the amendment shall be published by the City in accordance with the requirements set forth in this chapter.
B. Each action taken with reference to a planned unit development shall be duly recorded in the minutes of the Planning Commission or City Council as appropriate. The grounds for the action taken shall also be recorded in the minutes.
C. Approval of a planned unit development application by Council confers on the applicant and any subsequent owners of the planned unit development property the right to utilize the property included as part of the approved planned unit development in accordance with the overall density, dwelling unit mix and final plan of the approved planned unit development. However, for the total planned unit development or for each portion of the planned unit development, if staging of development is planned, a site plan review is required for each phase in accordance with Section 1296.01, prior to the issuance of building permits, and for any portion of the planned unit development having an approved site plan, in accordance with said Section 1296.01, the approved site plan shall take precedence over the approved planned unit development preliminary concept plan for the area of the approved site plan.
D. Council may cause to have a planned unit development agreement prepared and may require the execution thereof by the applicant, which documents involve the City and are required as a result of the conditions contained in the planned unit development or the site plan approvals in a planned unit development area.
E. The Building Superintendent shall inspect the development at each stage to ensure reasonable compliance with the conditions of the approved planned unit development or approved site plans, as applicable.
(d) Standards for Approval of Final Planned Unit Development Plan. Based upon the following standards, the Planning Commission may recommend denial, approval, or approval with conditions, and the City Council may deny, approve, or approve with conditions the proposed planned unit development.
(1) The Planning Commission and City Council shall use the standards for approval of Sections 1296.01, 1296.03, and 1296.04, and any adopted development guidelines, in reviewing the final PUD site plan. Council or the Commission may also utilize the standards for approval of Section 1296.02, should such standards be deemed necessary by Council or the Commission.
(2) The applicant must demonstrate in writing that the proposed planned unit development:
A. Is consistent with the goals of the City's adopted Comprehensive Development Plan's Future Land Use map or other map; and/or,
B. Includes areas indicated in the City's adopted Comprehensive Development Plan as having significant natural, historical, and architectural features; and/or
C. Will provide a complementary mixture of uses or housing types, or clustering of units to preserve common open space, in a design not possible under the underlying zoning district dimensional regulations; and/or
D. Will achieve a higher quality development than is otherwise possible with the regulations for the underlying zoning district. It is not the intent of the planned unit development to circumvent the requirements of the underlying zoning district.
(3) The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience, on present and future potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation system, surrounding properties, or the environment. The public benefit shall be one that could not be achieved under the regulations of the underlying district alone, or that of any other zoning district.
(4) The number and dimensions of off-street parking shall be sufficient to meet the minimum required by the ordinances of the City. However, where warranted by overlapping or shared parking arrangements, the Planning Commission or City Council may reduce the required number of parking spaces.
(5) All streets and parking areas within the planned unit development shall meet the minimum construction and other requirements of City ordinances, unless modified by the City Council.
(6) Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.
(7) Judicious effort shall be used to preserve significant natural, historical, and architectural features and the integrity of the land.
(8) Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development.
(9) Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided.
(10) Drives, streets and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.
(11) The uses proposed shall be consistent with the City's Comprehensive Development Plan or an approved overall planned unit development concept plan.
(12) Sidewalks shall be provided.
(13) Planned unit developments shall front onto a paved major thoroughfare or collector road (as designated in the City's Comprehensive Development Plan) or state trunkline, and the main means of access to the development shall be via the major thoroughfare, collector road, or state trunkline.
Individual residential dwelling units in a planned unit development shall not have direct access onto a major thoroughfare, collector road, or state trunkline. The planned development should be designed so that through-traffic, including traffic generated by nonresidential uses within the planned development, is discouraged from traveling on residential streets.
(14) Stormwater detention or retention shall be provided as required by Wayne County.
(15) The Planning Commission shall take into account the following considerations, which may be relevant to a particular project: thoroughfare, drainage; utility design and capacity of the utility systems; road capacity; underground installation of utilities; insulating the pedestrian circulation system from vehicular thoroughfares and ways; achievement of an integrated development with respect to signage, lighting, landscaping and building materials; and, noise reduction and visual screening mechanisms, particularly in cases where non-residential uses adjoin off-site residentially-zoned property.
Council shall prepare a report stating its conclusions on the planned unit development request, the basis for its decision, the decision, and any conditions relating to an affirmative decision.
(e) Completion of Site Design.
(1) Obtaining a building permit. Following final approval and recording of a planned development, a building permit may be obtained for the entire project or specific phases provided that:
A. Final site plan, condominium, or subdivision plat approval for the project or phase, as applicable, has been obtained in accordance with Section 1296.01(e)(4)C.;
B. The engineering plans for the project or phase, as applicable, have been approved by the City Engineer and Building Superintendent; and
C. All applicable City, County, and State permits have been obtained.
(2) Expiration and extension of approval.
A. Construction shall commence on at least one (1) phase of the project within twenty-four (24) months of final approval. However, the developer may seek subsequent twelve (12) month extensions of approval by submitting a written request to the Building Department prior to the expiration date. Extension of approval is not required for an uncompleted project where there is ongoing construction.
B. A request for extension shall be reviewed first by the Building Superintendent, who shall make a recommendation to the Planning Commission. The Planning Commission may grant an extension of up to twelve (12) months upon finding that the approved plan represents current conditions on and surrounding the site.
C. If construction has not commenced and a request for extension has not been received within twenty-four (24) months, the Planning Commission may initiate proceedings to amend the zoning classification of the site to remove the "PD" classification.
(3) Maintenance of the property. The owner of the property for which approval has been granted shall maintain the property in accordance with the approved planned development plan on a continuing basis until the property is razed, or until an amendment to the planned development is approved. Any property owner who fails to so maintain an approved planned development shall be deemed in violation of the Zoning Code and shall be subject to the penalties appropriate for such violation.
(4) Expansion or conversion. Prior to expansion or conversion of a planned development project to include additional land, plan review and approval shall be required pursuant to the requirements in this chapter.
(5) Modifications or revision of approved planned unit development.
A. General revisions. Approved final plans for a planned unit development may be revised in accordance with the procedures set forth in this section.
B. Minor changes. Notwithstanding paragraph A. above, minor changes may be permitted by the Building Superintendent or his or her designee, subject to a finding that:
1. Such changes will not adversely affect the initial basis for granting approval.
2. Such minor changes will not adversely affect the overall planned unit development in light of the intent and purpose of such development as set forth in Section 1288.01.
(f) Performance Guarantee. A performance guarantee shall be deposited with the City to insure faithful completion of improvements, in accordance with Section 1262.09.
(g) Requirements for Preliminary Review by Planning Commission. It is required that the following information be provided prior to preliminary review, pursuant to paragraph (b)(1) hereof. The absence of any requested information may limit the extent to which the Planning Commission can comment on the proposal:
(1) The name, address and telephone number of:
A. All persons with an ownership interest in the land on which the planned development project will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, lessee, or land contract vendee).
B. All engineers, attorneys, architects or registered land surveyors associated with the project.
C. The developer or proprietor of the planned development project.
(2) The legal description of the land on which the planned development project will be developed together with appropriate tax identification numbers.
(3) The area of the land (in acres) on which the planned development project will be developed.
(4) An overall preliminary land use plan for the planned development, drawn to scale. The overall plan shall graphically represent the development project using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, and approximate locations of each principal structure and use in the development. The overall plan shall indicate types of residential use; office, commercial, industrial, and other non-residential uses; each type of open space; community facility and public areas; and other proposed land uses.
(5) The preliminary land use plan shall also show the following information:
A. A general location map.
B. The vehicular circulation system planned for the proposed development.
C. The location of existing private and public streets adjacent to the proposed development with an indication of how they will connect with the proposed circulation system for the new development.
D. The approximate layout of dwelling units, parking, open space, and recreation/park areas.
E. Landscaped screening proposed along the perimeter of the development.
(6) Approximate number of non-residential buildings and residential units proposed to be developed on the subject parcel. For residential developments, an analysis shall be provided to determine the number of units that could be developed on the property under conventional zoning.
(7) Topographic survey and soils inventory based on the Wayne County Soils Survey.
(8) General locations and approximate dimensions of wetland areas, floodplains, and significant site features such as tree stands, unusual slopes, streams and water drainage areas.
(9) A description of the proposed sewage treatment and water supply systems. Plans should be sufficiently detailed to demonstrate compliance with the City's Utility Ordinance.
(10) Proposed storm water management and drainage system.
(11) A map showing existing zoning designations for the subject property and all land within one quarter (1/4) mile.
(12) A map and written explanation of the relationship of the proposed planned development to the City's Comprehensive Development Plan for Future Land Use.
(13) Maps and written analysis of the significant natural, cultural, and geographic features of and near the site. Features which shall be considered include existing vegetation, topography, water courses, wildlife habitats, streets and rights-of-way, easements, structures, and soils.
(14) An analysis of the traffic impact of the proposed planned development on existing and proposed streets.
(15) Documentation that the applicant has sufficient development experience to complete the proposed project in its entirety (e.g., provide a list of developments completed by the applicant in the past ten (10) years, with a description of the project, number of units, and time required to complete).
(16) A general schedule for completing the planned development, including the phasing or timing of all proposed public and private improvements.
(h) Requirements for Final Review. In addition to the requirements in Section 1296.01 and applicable information specified on the site plan checklist, the following information shall be included on, or attached to, all planned unit development plans submitted for final review:
(1) All preceding information required for conceptual review.
(2) A detailed overall plan for the planned development which shows all of the information required on the conceptual land use plan plus the following:
A. Locations and setbacks of each structure and use in the development.
B. Typical layouts and facade design for each type of use or building. Detailed information, including floor plans, facade elevations, and other information normally required for site plan review, shall be provided for buildings which are proposed for construction in the first phase.
C. The building footprint of proposed buildings. In the case of single-family detached development, the plan should indicate the setbacks and outline of the area within which a house could be constructed on each lot.
D. The vehicular circulation system planned for the proposed development, including a designation of each street as to whether it is proposed to be private or dedicated to the public.
E. The proposed layout of parking areas, open space, and recreation/park areas.
F. Proposed landscape screening along the perimeter and within the site, including greenbelts, berms and screening walls.
(3) The precise number of non-residential and residential units to be developed on the subject parcel.
(4) An environmental analysis of the land, including a hydrology study, analysis of soil conditions, and analysis of other significant environmental features. The hydrology study shall consist of information and analysis in sufficient detail (as determined by the City Engineer) to indicate the impact of the project on surface water and groundwater.
(5) Specific locations and dimensions of wetland areas and significant site features such as tree stands, unusual slopes, streams and water drainage areas.
(6) A complete description of the proposed sewage treatment and water supply systems, including documentation from a qualified engineer indicating the feasibility of implementing such systems.
(7) Storm water and drainage system details.
(8) Location of bike paths and sidewalks along roads and elsewhere within the development.
(9) A specific schedule for completing the planned development, including the phasing or timing of all proposed improvements.
(10) Detailed site plans for all buildings and uses which the applicant intends to begin construction on immediately upon final planned development approval. Where construction is not proposed to begin immediately or where a project is proposed for construction in phases, the Planning Commission may recommend that final approval be granted subject to subsequent review and approval of detailed site plans for each facility or phase, in accordance with Section 1296.01.
(11) Detailed engineering plans for all portions of the project which the applicant intends to begin construction on immediately upon final planned unit development approval. Where construction is not proposed to begin immediately or where a project is proposed for construction in phases, the Planning Commission may recommend that final approval be granted subject to subsequent review and approval of detailed engineering plans for each facility or phase. Such plans shall be prepared in accordance with the City engineering standards, and shall at minimum include the following:
A. Engineering plans for all roads, drive aisles, and paved areas.
B. Site drainage plans, including retention and/or detention areas.
C. Engineering plans for proposed utility systems, including sanitary sewerage and water systems.
D. Plans for controlling soil erosion and sedimentation during construction.
(12) Following approval of a planned unit development proposal and an amendment to the Zoning Code per paragraph (c)(2) hereof, final site plan and engineering review and approval shall be required prior to obtaining a building permit and commencement of construction for each facility or phase.
(13) A draft planned unit development agreement, setting forth the terms and conditions negotiated and to be agreed to by the applicant and the City, and upon which approval of the planned unit development proposal will be based. The planned unit development agreement shall, at minimum, include the following:
A. A description of the land that is subject to the agreement.
B. A description of the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings.
C. History of the review procedures and action taken by the Planning Commission or City Council.
D. List of all plans, documents, and other materials submitted by the applicant.
E. Review and explanation of all special provisions agreed to by the applicant and City during the course of review of the planned unit development proposal.
F. An explanation of all public improvements to be undertaken by the applicant or the City in conjunction with the proposed planned unit development project.
G. Description of any required dedications and permits.
H. Confirmation that the proposed development is consistent with applicable City ordinances and planning objectives.
I. Duration of the planned unit development agreement, along with terms under which a termination date may be extended by mutual agreement.
J. Applicability of future amendments to the general zoning regulations to land that is subject to the proposed planned unit development agreement.
K. Extent to which the planned unit development plan may be modified subject to administrative approval, Planning Commission approval, or City Council approval.
L. Copies of permits and the conditions of approval received from local, county, or state agencies have jurisdiction over any aspect of the project.
(i) Project Design Standards. Proposed planned unit developments that satisfy the qualifying conditions in Section 1288.02 shall comply with the following project design standards:
(1) Location. A planned unit development may be approved in any location in the City, subject to review and approval as provided for herein.
(2) Permitted uses. Any land use authorized in this chapter may be included in a planned unit development as a principal or accessory use, provided that:
A. The predominant use on the site, based on acreage, shall be consistent with the uses specified for the parcel on the City's Future Land Use Map and Zoning Map. Where the predominant uses are not consistent, prior to planned unit development approval an amendment to the Future Land Use Map may be required, as noted in subsection (f) hereof, and an amendment to the Zoning Map may be required, as noted in item E., below.
B. There shall be a reasonably harmonious relationship between the location of buildings on the site relative to buildings on lands in the surrounding area.
C. Residential, neighborhood commercial, office, and public uses may be developed together in a planned unit development, provided the uses are compatible and complementary, demonstrating good site design and planning principles.
D. The mix of uses and the arrangement of those uses within a planned unit development shall not impair the public health, safety, welfare, or quality of life of residents or the community as a whole.
E. Where the existing underlying zoning district is residential, nonresidential uses may be permitted as a part of a planned unit development provided that such nonresidential uses occupy a maximum of twenty percent (20%) of the buildable acreage of the site, subject to the following conditions:
1. The mix of uses must be consistent with the planned uses on the Future Land Use Map.
2. An amendment to the Zoning Map to change the underlying zoning (see definition of "underlying zoning" in Section 1260.08) shall be required prior to final planned unit development approval if more than twenty percent (20%) of the acreage in a residential planned unit development is proposed to be occupied by nonresidential uses.
3. For the purposes of this paragraph (i)(2), nonresidential may include, but is not limited to: commercial, office, research, public (e.g., library, post office, municipal facilities), and recreational.
(Res. 06-284A. Passed 7-31-06.)