(A) General. Whenever any Planned Development District is proposed and before any building permit for the erection of a permanent building in such district shall be granted or any subdivision or any part thereof may filed in the office of the City Clerk, the developer or his or her authorized agent shall apply for and secure approval of such PDD in accordance with the following procedures.
(B) Area plan requirements.
(1) Procedure for petition and area plan approvals.
(a) Petitioner shall confer with the staff of the City Planning Commission prior to making application for the rezoning so that agreement can be reached on basic site and land use considerations, general development criteria, and detailed processing procedure. This preapplication conference before submission of a PDD request is required so that the petitioner does not expend large sums of time and money on detailed plans until there is general agreement of use and design concepts.
(b) Petition for a PDD classification shall be for an amendment to the official City Zoning Map and approval of an area plan. A petition for a PDD classification for a parcel of land may be made by the owner(s) of record or by any person(s) acting on behalf of the owner(s) of record of the subject parcel.
(c) The petition shall be filed with the City Clerk who shall transmit the petition and the area plan to the City Council. The City Council shall forward the petition and plan to the City Planning Commission.
(d) Upon receipt of the petition and area plan from the Council, the City Planning Commission shall undertake a study of same and shall complete said study within 60 days of receipt of all required information by the City Planning Commission. The Commission shall also undertake site plan review of the area plan pursuant to requirements of § 153.083 of this chapter. The City Planning Commission shall advise the applicant in writing of any recommended changes in the area plan as are needed to conform to the regulations and standards of this chapter.
(e) The City Planning Commission shall, after receiving the petition and area plan from the Council, establish a public hearing on the petition and area plan, said hearing to be held after the receipt by the City Planning Commission of the information required in division (B)(2) below. The City Planning Commission shall give notice of the public hearing as required by the Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L. § 125.3103 by publishing a legal notice of the hearing date in a newspaper which circulates in the city, and sent by regular mail, at least five days but not more than 15 days prior to the hearing date, to all property owners and occupants of each dwelling unit in a structures located within 300 feet of the proposed PDD. For structures containing more than four dwelling units owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall post the notice at the primary entrance to the structure.
(f) Following the public hearing of the City Planning Commission, the Commission shall transmit a copy of its report and recommendation on the petition and area plan to the City Council, together with a summary of the comments received at the public hearing.
(g) The City Council shall review the petition and area plan application and the City Planning Commission report thereon, and after reviewing the report, a summary of comments received at the public hearing, minutes of all proceedings, and all documents related to the PDD shall within 30 days approve, disapprove, or table for further consideration the ordinance of adoption of the petition and area plan.
(h) If the petition and PDD area plan are approved by the City Council, the applicant shall review the petition and area plan in their approved form. The applicant and all owner(s) of record or the legal representative of the owner(s) of record of all property included within the PDD shall then sign a statement that the approved petition and area plan shall be binding upon the applicant and owner(s) of record and upon their heirs, successors, and assigns. The petition and area plan shall not be officially approved until said statement has been signed as required herein and has been received by the City Clerk.
(i) Following official adoption and enactment of the ordinance by the City Council, the PDD designation for the area in question shall be designated on the official City Zoning Map.
(2) Information required for area plan. The applicant shall present the following evidence regarding the following characteristics of the proposed development in writing:
(a) General characteristics.
1. General character, concept, and substance of PDD;
2. Objectives and purpose to be served;
3. Compliance with city regulations and standards;
4. Scale and scope of PDD development proposed;
5. Market analysis and economic feasibility of the proposed PDD development as deemed necessary by the City Planning Commission;
6. Community impact in terms of streets and traffic, schools, recreation facilities, costs and revenues, and utility systems;
7. Environmental impact statement as deemed necessary by the City Planning Commission;
8. Development schedules; and
9. Compliance with the adopted Generalized Land Use Plan of the city, or is a logical and acceptable amendment thereto.
(b) Design and control features.
1. Development plan at a scale of not less than one inch to 50 feet (one inch = 50 feet) if the subject property is less than 15 acres and one inch to 100 feet (one inch = 100 feet) if 15 acres or more;
2. Date, northpoint, and graphic scale;
3. Dimensions of all lot and property lines showing the relationship of the subject property to abutting properties;
4. Existing topographic features of the site;
6. Location of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property;
7. Location of all existing and proposed drives and parking areas;
8. Location of any accessory signs, and the dimensions of such signs;
9. Location of existing and proposed right-of-way widths of all abutting streets and alleys;
10. Names and addresses of the architect, planner, landscape architect, or the engineer responsible for the preparation of the area plan;
11. Location of all outdoor lighting facilities;
12. Typical floor plans; method of trash and garbage collection, and in the case of outdoor trash receptacles, the location and method of screening; location of any covered carports;
13. Typical exterior building elevations and style of architecture;
14. Density of use for each use area of the site;
15. Location, size, and uses of common open space public or resident group use areas and facilities, including school sites, parks, and play areas;
16. General description of the organization(s) or individual(s) who will own and maintain all land areas in the PDD, including common open space;
17. General description of covenants, grants, easements, or other restrictions to be imposed upon land or buildings, including the rules and regulations of any homeowners association, cooperative association, or other type of association;
18. Detail of easement on private streets to allow necessary city access to the streets, water lines, sanitary sewer, storm sewer, as well as provisions for access of emergency vehicles. The utilities may be maintained by the developer; if so, only access in case of emergency repairs and access for emergency vehicles is necessary;
19. Circulation plan for internal streets, roadways, and pedestrian walkways;
20. Description of applicant’s intentions regarding selling or leasing of all or portions of land in the PDD and of dwelling units;
21. Description of all proposed nonresidential uses;
22. General landscape concept showing tree masses to be preserved or added, proposed landscape plan, grading plan illustrating new land contours, berms, mounds, and similar features;
23. Delineation of areas to be subdivided pursuant to the Land Division Act, Public Act 288 of 1967, being M.C.L. §§ 560.101 et seq.;
24. Average initial sales prices of dwelling units for sale and/or average initial rents for rental dwelling units, and aesthetic features of the overall development; and
25. Schedule and phasing of construction.
(3) Petition and area plan standards. The City Planning Commission shall determine and shall provide evidence of same in its report to the City Council, pursuant to division (B)(1)(f) above that the petition and area plan meet the following standards:
(a) The proposed development conforms to the adopted Generalized Land Use Plan or any part thereof, or represents land use policy which, in the City Planning Commissions opinion, is a logical and acceptable change in the adopted Generalized Land Use Plan;
(b) The proposed development conforms to the intent and to all regulations and standards of the PDD and of the applicable zoning requirements;
(c) The proposed development is adequately served by public facilities and services such as highways, streets, police and fire protection, drainage courses, water and sewer facilities, and refuse disposal;
(d) The common open space, any other common properties, individual properties, and all other elements of the PDD are so planned that they achieve a unified open and recreation area system with open space and all other elements in appropriate locations, suitably related to each other, the site, and the surrounding land;
(e) The applicant has made provisions satisfactory to the City Planning Commission to assure that those areas shown on the plan for use by the public or by occupants of the development will be or have been irrevocably committed for that purpose. Provisions satisfactory to the City Planning Commission have been made to provide for the financing of any improvements shown on the plan for open space areas and common use areas, streets, walkways, and utilities which are to be included within the development, and that maintenance of such improvements is assured;
(f) The location of the proposed uses, layout of the site, and its relation to streets giving access to it is such that traffic to, from, and within the site and assembly of persons in connection therewith will not be hazardous or inconvenient to the project or the neighborhood. In applying this standard, the Commission shall consider, among other things, convenient routes for pedestrian traffic, particularly of children; relationship of the proposed project to main thoroughfares and street intersections; and the general character and intensity of the existing and potential development of the neighborhood;
(g) Streets follow topography, are properly spaced, and are located and aligned in accordance with the intended function of each street. The property has adequate access to public streets. The plan provides for logical extensions of public streets and provides suitable street connections to adjacent parcels, where applicable;
(h) Major pedestrian circulation is provided for within the site and interconnects all residential and community areas. The pedestrian system provides a logical extension of pedestrian ways from outside the site and provides pedestrian connections to the edges of the site, where appropriate;
(i) The mix of housing unit types and densities and the mix of residential and nonresidential uses is acceptable in terms of convenience, privacy, compatibility, and similar measures;
(j) Where applicable, the City Planning Commission shall determine that noise, odor, light, or other external effects from any source whatsoever which is connected with the proposed use will not adversely affect adjacent and neighboring land and uses;
(k) The proposed development creates a minimum disturbance to natural features and land forms; and
(l) Phased developments are designed so that each phase will be complete without depending on completion of a future phase.
(Prior Code, § 153.427) (Ord. D-1418, § 2103, passed 11-22-1982, effective 1-21-1983)