ORDINANCE 2006-6
ZONING ORDINANCE AMENDMENT
ORDINANCE 32, ARTICLE XIX
PUD - PLANNED UNIT
DEVELOPMENT DISTRICT
19.01 Statement of Intent.
It is the
purpose of this section to permit flexibility in the regulation of land
development, and to encourage innovation and variety in land use and design of
projects. The basic provisions
concerning Planned Unit Development are the subdivision, development, and use
of land as an integral unit, combining more than one primary land use and which
may provide for single-family residential, multi-family residential, education,
business, commercial, recreation, park and common use areas, which are
compatible with one another and provide for efficient use of land. The objectives of these Planned Unit
Development standards shall be:
(a) To permit flexibility in the regulation of land development.
(b) To encourage innovation in land use, the potential for mixed land use, and variety in design, layout, and type of structures constructed.
(c) To achieve economy and efficiency in the use of land, natural resources, energy, and the providing of public services and utilities.
(d) To encourage useful open space, and to provide improved housing, employment, and shopping opportunities particularly suited to the needs of the residents of the State and Township.
(e)
To encourage the innovative use, re-use, and
improvement of existing sites and buildings.
It
is also the intent of the PUD regulations to provide a process for approval of
PUD proposals in two steps: Zoning and Preliminary Development Plan approval,
and Final Development and Site Plan approval.
Review
of Zoning and Preliminary Development Plans shall concentrate on review of the
Qualifying Conditions, Regulations and Conditions, Dimensional and Use
Standards and Design Considerations specified in the following sections of this
Article. The second step of the PUD
approval process is review and approval of a Final Development Plan and Site
Plan, which shall comply with the requirements for Contents of Final Site
Development Plan and the Standards for PUD Final Site Development Plan Approval
as required by this Article.
19.02 QUALIFYING
CONDITIONS
(a) In order to be eligible for PUD
rezoning, the proposed area shall consist of a minimum of 5 acres with 200 feet
of road frontage or lot width at the minimum building setback line. The minimum parcel size for a mixed use
development permitted in Section 19.04(a)(12) shall be twenty (20) acres with
two hundred (200) feet of road frontage.
(b)
Public
water, sanitary sewer, transportation, and drainage facilities shall be
available and adequate to service the site.
19.03Regulations and Conditions
In addition to the foregoing provision, the following procedures, standards and conditions shall be observed. Where the Planning Commission determines it is desirable to allow a more flexible and innovative development to occur it may recommend that the terms of the Port Sheldon Township Zoning Ordinance and Subdivision/Condominium Regulations be adjusted in accordance with the provisions of this Article. Planned Unit Developments shall meet the following general standards:
(a) The use shall be compatible with adjacent land use, the natural environment, and the capacities of affected public services and facilities, and that such use is consistent with the public health, safety and welfare of the residents of Port Sheldon Township and the benefits of the development shall not be achievable under any single zoning classification.
(b) The use shall be consistent with the Port Sheldon Township Master Plan and the Future Land Use Map.
(c) The use and development shall be warranted by the design and additional amenities made possible with and incorporated by the development proposal.
(d) The development shall consolidate and maximize usable open space.
(e) Landscaping shall be provided to insure that proposed uses will be adequately buffered from one another and from surrounding public and private property and to create a pleasant pedestrian scale outdoor environment.
(f) Vehicular and pedestrian circulation, allowing safe, convenient, non-congested and well-defined circulation within and access to the development shall be provided.
19.04 Dimensional
and Use Standards:
In acting upon the
application, the Planning Commission may recommend and the Township Board may
alter lot size standards, required facilities, buffers, open space areas,
setback requirements, height limits, building size limits, off-street parking
regulations, landscaping rules, and miscellaneous regulations, where such
regulations or changes are reasonable and consistent with the intent,
objectives, and standards set forth in Section
19.01. Further, the Planning
Commission may recommend and the Township Board may consider requests to alter
residential density limits up to one and one half (1.5) times the density
permitted in the underlying zoning district.
The
Planning Commission may recommend and the Township Board may authorize land
uses not permitted in the underlying district where the land is located,
provided that such uses are consistent with the intent of this section and the
standards set forth herein. Generally,
mixed land uses shall demonstrate direct relationships, such as being designed
to directly serve, or be accessory to, uses permitted within the underlying
zoning district.
All
Planned Unit Developments shall conform to the following requirements:
(a) Use
Restrictions: Land in an approved PUD
may be used for any permitted or special use authorized in the zoning district
in which the PUD lies. In addition, the
following uses may be approved as a PUD:
(1) Group
camps and campgrounds, including recreational vehicle parks.
(2) Country
clubs.
(3) Golf
courses and outdoor sports facilities.
(4) Hospitals.
(5) Hotels
and motels.
(6) Nursing
homes and senior citizens housing.
(7) Philanthropic
institutions.
(8) Schools,
colleges, and institutions of higher learning.
(9) Multi-family
residences. (No density bonus would be permitted)
(10)
Religious
institutions.
(11)
(12)
Mixed
use developments, traditional and village centered neighborhoods where there
are direct relationships between the mix of uses and principal uses permitted
within the underlying zoning district.
(b) Minimum
Size: In order to be zoned as a PUD
district, the proposed area shall consist of at least five (5) acres and have a
minimum of two hundred (200) feet of frontage.
(c) Maximum
Densities: For the purposes of this
chapter, maximum densities shall be determined on the basis of the gross area
of the proposed PUD District. The
maximum density of a PUD shall not exceed one and one half (1.5) times the
maximum density of residential living units permitted in the zoning district in
which the PUD lies. The increase in
density proposed for the PUD shall be justified in the documentation supplied
with the PUD application in terms of the design criteria intended for the PUD,
including character of the proposed development, provision of public utilities,
community services, and open space and recreational amenities provided as part
of the PUD. The use permitted by Section
19.04(a)(11) shall not exceed 4.7 units per acre.
(d) Sewer
and Water Service: In the event public
sewer or water service is not available at the time of the development, PUD may
utilize a private sewer or water system, provided such sewer and/or water
system is approved by the appropriate federal, state, county or local agencies
and the Township Board.
(e) Performance
Guarantee: The Township Board is
empowered to require a performance guarantee such as a letter of credit, cash,
or certified check in an amount up to the estimated cost of improvements
associated with the project or for each phase.
Such performance guarantee shall be deposited with the treasurer of the
Township at the time of the issuance of the permit authorizing the activity or
project to insure faithful completion of the improvements indicated with the
approved site development plan. The
Township shall rebate a proportional share of the deposit, biannually as
requested by the depositor, based on the percent of improvements completed, as
attested to by the depositor and verified by the Zoning Administrator. The Zoning Administrator may, at his
discretion, call upon professional assistance from the Township Engineer or the
Township Planner. In cases where the
provisions of the final development plan, as approved, have not been met, the
amount of the aforementioned performance guarantee shall be used by the
Township to return the property to a safe and healthy condition; and the
balance, if any, shall be returned to the applicant.
19.05 PUD
DESIGN CONSIDERATIONS
In
consideration of a proposed Planned Unit Development the Planning Commission
and Township Board shall take into account the following specific design
considerations, as they are necessary to ensure compliance with all applicable
regulations and to ensure the compatibility of the project with adjoining
properties and the general area in which the property is located.
(a) Perimeter setbacks.
(b) Street drainage and utility design with
respect to location, availability, ownership, and compatibility.
(c) Underground installation of utilities.
(d) Insulation of separate pedestrian ways
apart from vehicular streets and ways.
(e) Achievement of integrated and harmonious
development with respect to signs, lighting, landscaping, and construction
materials.
(f) Noise reduction and visual screening
mechanisms from adjoining residential uses.
(g) Ingress and egress to the property with
respect to automotive and pedestrian safety and convenience, traffic flow and
control, street capacity, and emergency access.
(h) Off-street parking, loading, refuse, and
other service areas with respect to ingress and egress and the potential
effects of noise, glare, vibration, and odor emanating from such facilities on
adjoining properties and uses.
(i) Screening and buffering with respect to
dimensions and character.
(j) Yard areas and other open space.
(k) Density and intensity of development
expressed in terms of percent of gross and net land area coverage and/or gross
and net housing units per acre and the height of buildings and other
structures.
(l)
The
preservation of natural resources and natural features.
19.06 APPLICATION
AND PROCESSING PROCEDURES
(a) Effects: The granting of a Planned Unit Development
rezoning application shall require an amendment of the Zoning Ordinance and the
Zoning Map constituting a part of this Ordinance. An approval granted under this Article
including all aspects of the Final Site Development Plan and conditions imposed
shall constitute an inseparable part of the zoning ordinance.
(b) Preapplication
Conference: Prior to the
submission of an application for Planned Unit Development, the applicant shall
meet with the Zoning Administrator, and such consultants as deemed appropriate.
The applicant shall present at such conference, or conferences, a sketch plan
of the Planned Unit Development, and the following information:
(1) A legal description of the property in
question;
(2) The total number of acres to be included
in the project;
(3) A statement of the approximate number of
residential units and/or the approximate number, type, and square footage of
non-residential units;
(4) The approximate number of acres to be
occupied and/or devoted to or by each type of use;
(5) The number of acres to be preserved as
open space or recreation space; and
(6) All known natural resources and natural
features.
(c) Preliminary SITE
Development Plan - Submission and
Content: Following the above
conference or conferences, copies of a Preliminary Site Development Plan and
application for a PUD rezoning request shall be submitted. The submission shall be made as set by the
resolution adopted by the Township Board for establishing submission deadlines
and shall be made to the Zoning Administrator who shall present it to the
Planning Commission for consideration at a regular or special meeting. The plan shall be accompanied by an
application form and fee as determined by the Township Board. The Preliminary Site Development Plan shall
contain the following information:
(1) Date, north arrow, and scale which shall
not be more than 1" = 100'.
(2) Locational sketch of site in relation to
surrounding area.
(3) Legal description of property including
common street address.
(4) Size of parcel.
(5) All lot or property lines with
dimensions.
(6) General location of all buildings within
one hundred (100) feet of the property lines.
(7) General location and size of all
existing structures on the site.
(8) General location and size of all
proposed structures on the site. The
general size of all buildings shall be within five thousand (5,000) square feet
or five percent (5%), whatever is smaller of whatever is submitted on the Final
Site Development Plan.
(9) General location and dimensions of all
existing and proposed streets, driveways, parking areas, including total number
of spaces and typical dimensions.
(10)A preliminary phasing plan indicating
boundaries and uses included to be constructed during the phase.
(11)General size and location of all areas
devoted to green space.
(12)Location of existing vegetation and
general location and size of proposed landscaped areas and buffer strips.
(13)All areas within the 100-year floodplain,
wetland areas or bodies of water.
(14)Existing topographical contours at a
minimum of five (5) foot intervals.
(15) A narrative describing:
(a) The
nature of the project.
(b) The
proposed density, number, and types of dwelling units if a residential PUD.
(c) A
statement describing how the proposed project meets the objectives of the PUD.
(d) A
statement from a registered professional engineer describing how the proposed
project will be served by public water, sanitary sewer, and storm drainage.
(e) Proof
of ownership or legal interest in property.
(d) Preliminary SITE
Development Plan - Planning COmmission
Review: The Planning
Commission shall review the Preliminary Site Development Plan and shall make
reasonable inquiries of the applicant.
The Planning Commission shall review the Preliminary Development Plan according to the provisions of 19.02 through 19.05 herein and transmit its recommendations for changes or modifications of the Preliminary Development Plan to the applicant.
(e) Public
Hearing: The Planning Commission
shall hold a public hearing for the purpose of receiving comments relative to
the PUD application and shall be published and delivered in accordance with
Section 22.03 of this Ordinance.
(f) Time Limitations on Development: An application for Final Site Development Plan approval shall be made within one year of Preliminary Site Development Plan approval. See Section 19.12 (c).
19.07 STANDARDS FOR ZONING APPROVAL
Following
the public hearing, the Planning Commission shall recommend to the Township
Board to either approve, approve with conditions, or deny the PUD rezoning
request and Preliminary Site Development Plan.
In
making its recommendation, the Planning Commission shall document its findings
of fact that the proposed PUD meets (or does not meet) the intent of the PUD
district and the following standards:
(a) Granting of the Planned Unit Development
rezoning will result in a recognizable and substantial benefit to the ultimate
users of the project and to the community where such benefit would otherwise be
unfeasible or unlikely to be achieved.
(b) The proposed type and density of use
shall not result in a material increase in the need for public services,
facilities, and utilities, and shall not place a material burden upon the
subject or surrounding land or property owners and occupants or the natural
environment.
(c) The proposed development shall be
compatible with the Master Plan of the Township and shall be consistent with
the intent and spirit of this Article.
(d) The Planned Unit Development shall not
change the essential character of the surrounding area when compared to
permitted uses in the underlying zoning district.
(e) The proposed development shall be under
single ownership or control such that there is a single person or entity having
responsibility for completing the project in conformity with this
Ordinance. This provision shall not
prohibit a transfer of ownership or control upon due notice to the Building
Inspector.
19.08 TOWNSHIP BOARD
APPROVAL
After
receiving the recommendation of the Planning Commission, the Township Board
shall hold a public hearing for the purpose of receiving comments relative to
the PUD application and shall be published and delivered in accordance with
Section 22.03 of this Ordinance. Based
on all the information gathered from the public hearing and consideration of
the recommendation of the Planning Commission, the Township Board shall either
approve, approve with conditions, or deny the PUD application and Preliminary
Site Development Plan in accordance with the requirements of Article XIX and
the standards for approval and conditions for a PUD as contained herein. A building permit shall not be issued until
Planning Commission approval of the PUD Final Site Development Plan.
Where
provisions of Michigan Public Act 288 of 1967 as amended shall apply, the
applicant shall thereafter submit the information and plans as may be required
by Act 288 and all other local procedures or regulations pertaining to platting
approval.
19.09 EFFECT OF
APPROVAL
The
Planned Unit Development amendment including the Preliminary Site Development
Plan as approved and narrative and all conditions imposed, if any, shall constitute
the land use authorization for the property subject to approval of the Final
Site Development Plan. All uses not
specifically specified in the Preliminary Site Development Plan are disallowed
and not permitted on the property. All
improvements and uses shall be in conformity with this amendment, except as
permitted by Section 19.14. At its
discretion, the Township Board may cause a separate ordinance to be created
documenting the elements of the PUD. The
applicant shall record an affidavit with the Ottawa County Register of Deeds
that shall contain the following:
(a) Date of approval of the PUD by the
Township Board.
(b) Legal description of the property.
(c) Legal description of the required green
space along with a plan stating how this green space is to be maintained.
(d) A
statement that the property will be developed in accordance with the approved
PUD Final Site Development Plan and any conditions imposed by the Township
Board or Planning Commission unless an amendment thereto is duly approved by
the Township upon the request and/or approval of the applicant or applicant's
transferee's and/or assigns.
19.10 FINAL SITE
DEVELOPMENT PLAN
After
receiving the PUD rezoning and Preliminary Site Development Plan approval from
the Township Board, the applicant shall submit a Final Site Development Plan
for review and approval by the Planning Commission prior to starting any
construction.
(a) CONTENTS OF
FINAL SITE DEVELOPMENT
PLAN: The Final Site
Development Plan shall contain the same information required for the
Preliminary Site Development Plan and shall also contain the information
required under Article XXI, Site Plan Review, of this zoning ordinance. In addition to site plan requirements, the Final
Site Development Plan shall contain the following information:
(1) Location and size of all water, sanitary
sewer, and storm sewer lines serving the development.
(2) Proposed
contour lines at not greater than two (2) foot intervals.
(3) Proposed
landscaping including type, number, and size of trees and shrubs.
(4) Location
and design of signs and exterior lighting.
(5) Location
of sidewalk, footpaths, or other pedestrian walkways.
(6) Distance
of all buildings from lot lines, right-of-ways, and other principal buildings.
(7) Exterior
architectural drawings noting building materials, height and area of buildings
and accessory structures.
(8) Phasing
Plan for the project.
(b) PUBLIC HEARING: At the discretion of the Planning Commission, they may invoke the right to conduct a public hearing prior to approving, approving with conditions, or denying the Final Site Development Plan. If a public hearing is required, public notice shall be giving following the procedures specified in Section 19.06(e).
19.11 STANDARDS FOR PUD FINAL SITE DEVELOPMENT PLAN
APPROVAL
Planning Commission shall
approve, approve with conditions, or deny the Final Site Development Plan under
the procedures outlined in Article XXI, Site Plan Review.
In making its decision, the Planning Commission shall document its findings of fact to support its decision to approve, approve with conditions, or deny the Final Site Development Plan based upon an objective evaluation that the proposed PUD meets or does not meet the intent of the PUD district and the approved Preliminary Site Development Plan.
19.12 CONDITIONS
(a) In approving a PUD Final Site
Development Plan, the Planning Commission may impose reasonable conditions
which include but are not limited to conditions necessary to: ensure that public services and facilities
affected by a proposed land use or activity will be capable of accommodating
increased service and facility loads caused by the land use or activity;
protect the natural environment and conserve natural resources and energy;
ensure 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) Be designed to protect natural
resources, the health, safety, and welfare, and the social and economic well
being of those who will use the land use or activity under consideration,
residents, and landowners immediately adjacent to the proposed land use or
activity, and the community as a whole.
(2) Be related to the valid exercise of the
police power, and purposes which are affected by the proposed use or activity.
(3) Be necessary to meet the intent and
purpose of the Zoning Ordinance, be related to the standards established in the
ordinance for the land use or activity under consideration, and be necessary to
ensure compliance with those standards.
(b)
The
conditions imposed with respect to the approval of a PUD Final Site Development
Plan shall be recorded in the record of the approval action and shall remain
unchanged except upon the mutual consent of the Planning Commission and the
landowner. The Planning Commission shall
maintain a record of conditions that are unchanged. The Final Site Development Plan, as approved,
shall act as a restriction upon the development. The development must conform to the Final
Site Development Plan.
(c) Time
Limitations on Development: An
application for Final Site Development Plan approval shall be made within one
year of Preliminary Site Development Plan approval. If the property owner/developer does not fulfill
this provision, the Planning Commission may grant an extension up to one (1)
year provided the owner/developer presents reasonable evidence to the effect
that the PUD has encountered unforeseen difficulties and is not ready to
proceed. Following expiration of the
time limit and any extension, if the application has not been filed, the
Planning Commission may recommend, following a public hearing with notice
provided as required by law, to the Township Board rezoning of the property to
it’s previous zoning district.
The Planning Commission shall take action to approve,
approve with conditions, or deny the Final Site Development Plan within one
year of filing of a complete application for same.
Each PUD shall be under construction within one (1) year
after the date of final approval of the Final Site Development Plan by the
Planning Commission. If said development
does not fulfill this provision, the Planning Commission may grant a sixty (60)
day extension provided the developers present reasonable evidence to the effect
that the PUD has encountered unforeseen difficulties and is not ready to
proceed. Should the aforementioned
provisions not be fulfilled, any building permit issued for said development
shall be invalid and void.
19.13 PERFORMANCE GUARANTEES
The
Planning Commission may require a performance guarantee or similar guarantee in
order to ensure the completion of required improvements.
19.14 MODIFICATION OF
A PUD
Minor
changes to a PUD Final Site Development Plan may be approved by mutual
agreement of the applicants or successors in interest and the Planning
Commission, provided the changes comply with all applicable requirements of
this Zoning Ordinance and all other Township regulations or state law. Minor changes include all matters that were
approved by the Planning Commission in the final development plan that were not
part of the preliminary development plan, that the location of structures,
roads, parking areas, signs, lighting, and driveways may be moved provided that
are in the same general location as approved in the Preliminary Site
Development Plan as determined by the Planning Commission, and building size
that does not exceed five thousand (5,000) square feet or five (5) percent of
the gross floor area, whichever is smaller.
A
major change to an approved PUD shall comply with the original approval
procedures for a PUD. Major changes
include but are not limited to increase in density or number of dwelling units,
increase in land area or building size, except as noted above or addition of
other uses not authorized by the original PUD approval.
18. Effective Date. This Ordinance shall be effective on
YES: Bill Monhollon, Gerald Smith, Esther Van
Slooten, Kathy Van Voorst and
Howard Baumann Jr.
NO: None
Ordinance
adopted on
_______________________________________
Howard Baumann,
Supervisor
____________________________________
Township Clerk
Kathy Van Voorst
CERTIFICATE
I,
the undersigned, the duly qualified and acting Township Clerk of the
____________________________________
Township Clerk